96-187 RESOLUTION NO. 96R-187
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GP~ANTING
CONDITIONAL USE PERMIT NO. 3868.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
to permit a 68 unit, 2-story, detached residential condominium
complex with waivers upon certain real property located within
the City of Anaheim, County of Orange, State of California,
legally described as::
THAT PORTION OF THE SOUTH HALF OF SECTION 8,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS
COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE
10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT THE
INTERSECTION OF THE SOUTH LINE OF SAID SECTION 8
WITH THE SOUTHERLY PROLONGATION OF THE CENTER LINE
OF MULLER STREET, 60.00 FEET WIDE, AS DESCRIBED IN
PARCEL 1 OF THE DEED TO THE CITY OF ANAHEIM,
RECORDED NOVEMBER 1, 1957 IN BOOK 4089 PAGE 397 OF
OFFICIAL RECORDS OF SAID ORANGE COUNTY, THENCE
NORTH 0 DEG. 02' 24" WEST 835.43 FEET ALONG SAID
SOUTHERLY PROLONGATION AND SAID CENTER LINE TO A
POINT SOUTHERLY 480.01 FEET FROM THE INTERSECTION
OF SAID CENTER LINE WITH THE EASTERLY PROLONGATION
OF THE NORTHERLY LINE OF TRACT NO. 1775, AS PER
MAP RECORDED IN BOOK 50 PAGE 15 OF SAID
MISCELLANEOUS MAPS; THENCE NORTH 89 DEG. 37' 14"
WEST 351.68 FEET PARALLEL WITH SAID NORTHERLY LINE
TO THE EASTERLY LINE OF SAID TP~ACT NO. 1775; THENCE
SOUTH 1 DEG. 16' 54" EAST 835.16 FEET ALONG SAID
EASTERLY LINE TO SAID SOUTH LINE OF SAID SECTION;
THENCE SOUTH 89 DEG. 31' 00" EAST 333.59 FEET ALONG
SAID SOUTH LINE TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS
PARCELS 1 AND 4 IN THAT CERTAIN FINAL ORDER OF
CONDEMNATION, SUPERIOR COURT CASE NO. 70691, A
CERTIFIED COPY OF WHICH WAS RECORDED MARCH 28, 1958
IN BOOK 4242, PAGE 85 OF SAID OFFICIAL RECORDS; and
WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
Anaheim, notices of which public hearing were duly given as
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at
said hearing, did adopt its Resolution No. PC96-92 granting
Conditional Use Permit No. 3868; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion,
caused the review of said Planning Commission action at a duly
noticed public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful
consideration of the recommendations of the City Planning
Commission and all evidence and reports offered at said hearing,
that:
1. The proposed use is properly one for which a
conditional
use permit is authorized by the Anaheim Municipal Code.
2. The proposed use will not adversely affect the
adjoining land uses and the growth and development of the area in
which it is proposed to be located.
3. The size and shape of the site proposed for the use is
adequate to allow the full development of the proposed use in a
manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
4. The traffic generated by the proposed use will not
impose an undue burden upon the streets and highways designed and
improved to carry the traffic in the area.
5. The granting of the conditional use permit under the
conditions imposed will not be detrimental to the peace, health,
safety and general welfare of the citizens of the City of
Anaheim.
AND WHEREAS, the City Council does further find, after
careful consideration of the action of the City Planning
Commission and all evidence and reports offered at said public
hearing before the City Council regarding said requested
waiver(s), that all of the conditions set forth in Section
18.03.040 of the Anaheim Municipal Code are present and that said
waiver(s) should be granted, for the following reasons:
1. That there are special circumstances applicable to the
property, including size, shape, topography, location or
surroundings, which do not apply to other property under
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identical zoning classification in the vicinity.
2. That, because of special circumstances shown in (1)
above, strict application of the zoning code deprives the
property of privileges enjoyed by other property under identical
zoning classification in the vicinity.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated, the
action of the City Planning Commission granting said conditional
use permit be, and the same is hereby, affirmed and that
Conditional Use Permit No. 3868 be, and the same is hereby,
granted permitting a 68 unit, 2-story, detached residential
condominium complex with waivers on the hereinabove described
real property with a waiver of the following provisions of the
Anaheim Municipal Code:
(a) Sections 18.31.050.090 -Maximum structural heiqht
adiacent to sinqle-familv
residential and 18.31.062.012
zoninq.
(One-story permitted within 50
feet of single-family zoning;
two-stories proposed 20 feet from
RS-7200 zoning to the west)
(b) Sections 18.31.050.090 - Minimum structural setback and
yard requirements.
and 18.31.063.022 (17 to 20 feet required between
building walls containing windows
to habitable rooms; 10 to 20
feet proposed between buildings)
subject to the following conditions:
1. That roll-up garage doors shall be shown on the plans
submitted for building permits. Said doors shall be installed
and maintained as operational as shown on submitted plans.
2. That a plan sheet for solid waste storage and collection
and a plan for recycling shall be submitted to the Public Works
Department, Streets and Sanitation Division, for review and
approval.
3. That plans shall be submitted to the City Traffic and
Transportation Manager for review and approval, specifying how
the vehicular security gates and vehicle turn-around area at the
project entrance will function.
4. That gates shall not be installed across the private
street in a manner which may adversely affect vehicular traffic
on the adjacent public street. If such gates are proposed,
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installation shall conform to Engineering Standard Plan No. 609
and shall be subject to the review and approval of the City
Traffic and Transportation Manager prior to issuance of a permit
for said gates.
5. That plans shall be submitted to the City Traffic and
Transportation Manager for his review and approval showing
conformance with the most up-to-date versions of Engineering
Standard Plan Nos. 436, 601 and 609 pertaining to parking
standards and driveway location. Subject property shall
thereupon be developed and maintained in conformance with said
plans.
6. That the driveway on Muller Street shall be constructed
with ten (10) foot radius curb returns as required by the City
Engineer in conformance with Engineering Standard No. 137.
7. That parking spaces shall be provided in accordance with
Code requirements.
8. That an on-site trash truck turn-around area shall be
provided in accordance with Engineering Standard Detail No. 610,
as required by the Department of Maintenance. Said turnaround
area shall be shown on plans submitted for building permits.
9. That prior to the issuance of a building permit (except
for any model units), a final tract map shall be submitted to and
approved by the City of Anaheim and the Orange County Surveyor
and then recorded in the Office of the Orange County Recorder.
(Subdivision Map Act, Section 66499.30)
10. That a private water system with separate water service
for fire protection and domestic water shall be provided.
11. That the water backflow equipment and any other large
water system equipment shall be installed to the satisfaction of
the Water Engineering Division in either (a) underground vaults
or (b) outside the street setback area in a manner fully screened
from the public streets.
12. That the developer shall be responsible for compliance
with all mitigation measures within the assigned time frames and
any direct costs associated with Mitigation Monitoring Program
No. 93, as established by the City of Anaheim and as required by
Section 21081.6 of the Public Resources Code to ensure
implementation of those identified mitigation measures.
13. That an unsubordinated covenant shall be recorded with the
Office of the Orange County Recorder agreeing to provide the
buyer of each dwelling unit with written information obtained
from the school districts pertaining to possible overcrowded
conditions and busing status of the schools serving the dwelling
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unit. A copy of the covenant shall be submitted to and approved
by the City Attorney prior to recordation. A copy of the
recorded covenant shall be submitted to the Zoning Division.
14. That Conditional Use Permit No. 3868 is hereby granted
subject to the finalization of Reclassification No. 95-96-05
(adoption of an ordinance reclassifying the property RM-3000) and
recordation of Tract Map No. 15345.
15. That the developer shall demonstrate compliance with
Council Policy No. 542 pertaining to sound attenuation.
16. That clothes washer and dryer hookups shall be
incorporated into the garage or living area of each condominium
dwelling unit and shall be shown on the plans submitted for
building permits.
17. That clinging vines and/or fast growing shrubbery shall be
planted and maintained adjacent to all fences accessible to the.
public rights-of-way. Minimum five (5) gallon plant materials
(or minimum one [1] gallon vines) shall be planted on maximum
three (3) foot centers in these areas.
18. That prior to the issuance of building permits, an
application for an Administrative Adjustment to construct an
eight (8) foot high block wall along the north property line
(adjacent to ML "Limited Industrial" Zoning) shall be submitted
to the Zoning Division. If an Administrative Adjustment
permitting waiver of maximum wall height is approved, an eight
(8) foot high decorative block wall shall be constructed along
the north property line prior to final building and zoning
inspections.
19. That the existing block wall along the west property line
shall be replaced with a 6-foot high decorative (on both sides)
masonry wall subject to the approval of the individual homeowners
adjacent to the west property line. Absent the approval of any
individual property owner, the developer shall construct the
required wall immediately adjacent to the existing wall and cap
the gap between the walls to prevent void areas between the
walls.
20. That second story bathroom windows in all units
immediately adjacent to and facing the west property line shall
be installed five (5) feet above the floor line.
21. That any tree planted on-site shall be replaced in a
timely manner in the event that it is removed, damaged, diseased
and/or dead.
22. That minimum twenty four (24) inch box, non-deciduous,
broadheaded or canopy trees, shall be planted and maintained by
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the developer adjacent to the west property line to provide a
broad screening effect adjacent to the single-family residences
to the west. Landscape plans shall show the location of the
trees on approximately twenty (20) foot centers, allowing the
distance to vary slightly, to allow alignment of said trees with
second story windows facing west. The subject trees shall
ultimately be maintained by the Homeowner's Association at such
time as that the Association becomes responsible for maintenance
of other portions of the property. Said trees shall be trimmed
by a licensed and certified arborist, and maintained so as not to
grow into the existing overhead lines. It shall be the
responsibility of the Homeowners Association to inform all
affected homeowners that these trees shall not be removed or
trimmed by the individual homeowners.
23. That a minimum twenty (20) foot wide densely landscaped
buffer area, adjacent to the west property line in the swimming
pool area, shall be installed and permanently irrigated and
maintained. Said landscaped area shall not be used for active
recreation purposes and shall be designed to prevent such
activities.
24. That a solid six (6) foot high, as measured from then
highest finished adjacent grade level, decorative masonry wall
with river rock pilasters (as shown on the submitted Muller
Street elevation drawing, Exhibit No. 11) shall be constructed
adjacent to Lincoln Avenue and Muller Street. The proposed
wrought iron sections of fencing shown on Exhibit No. 11 shall be
eliminated and replaced with a solid wall except at the project
entrance, where wrought iron may be used.
25. That precise landscape, fence, signage and window
treatment plans, in conjunction with actual samples of proposed
driveway pavers and synthetic river rock for perimeter block wall
pilasters, shall be submitted to the Zoning Division for review
and approval by the Planning Commission as a "Reports and
Recommendations" item. The specific perimeter wall location
shall be subject to the approval of the City Traffic and
Transportation Manager in connection with line-of-sight
considerations.
26. That lighting fixtures for any proposed guest parking
and/or common recreational/leisure areas shall be shown on plans
submitted to the Building Division for review and approval.
Light fixtures shall be down-lighted with a maximum height of
twelve (12) feet. Said lighting fixtures shall be directed away
from the adjacent single-family residential properties to the
west.
27. That a minimum of one (1) of the proposed common
recreational/leisure areas shall be equipped with playground
equipment.
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28. That the developer shall be responsible for the payment of
school fees as required by State Law.
29. The subject property shall be developed substantially in
accordance with plans and specifications submitted to the City of
Anaheim by the petitioner and which plans are on file with the
Planning Department marked Exhibit Nos. 1 through 11, except as
otherwise required by Condition Nos. 19, 20, 23 and 24, above-
mentioned.
30. That prior to restricting vehicular access across the
southern portion of the property from Diane Way to Muller Street,
the developer shall construct street improvements to create a
street opening on the north side of Lincoln Avenue at Carol Drive
and create a turn pocket in the Lincoln Avenue median island to
permit left turns from Carol Drive onto Lincoln Avenue. Plans
shall be submitted indicating street and median island
improvements, signing and striping as recommended by the City
Traffic and Transportation and further landscape and irrigation
plans shall be submitted for the frontage road and median island
in Lincoln Avenue which shall be subject to the review and
approved of the Parks Division of the Community Service
Department. A bond shall be posted in an amount as determined by
the City Engineer and form as satisfactory to the City Attorney's
office, to guarantee performance of the developer's obligations
herein described.
31. That prior to issuance of a building permit or within a
period of one (1) year from the date of this resolution,
whichever occurs first, Condition Nos. 1, 2, 3, 5, 8, 9, 13, 14,
15, 16, 18, 25, 26 and 28, above-mentioned, shall be complied
with. Extensions for further time to complete said conditions
may be granted in accordance with Section 18.03.090 of the
Anaheim Municipal Code.
32. That prior to final building and zoning inspections,
Condition Nos. 6, 7, 10, 11, 17, 19, 20, 22, 23, 24, 27 and 29,
above-mentioned, shall be complied with.
33. That approval of this application constitutes approval of
the proposed request only to the extent that it complies with the
Anaheim Municipal Zoning Code and any other applicable City,
State and Federal regulations. Approval does not include any
action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or
requirement.
BE IT FURTHER RESOLVED that the City Council does hereby
find and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the
conditions hereinabove set forth. Should any such conditions, or
any part thereof, be declared invalid or unenforceable by the
final judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed
null and void.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 22nd day of October,
1996.
MAY~R~OF THE CITY~IM
ATTEndk ~ ~
CITY CLERK OF THE CITY OF AN~HEIM
0020865.01
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 96R-187 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 22nd day of October, 1996, by the following vote of the
members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 96R-187 on the 22nd day of October, 1996.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 22nd day of October, 1996.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
1, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the odginal of Resolution No. 96R-187 was duly passed and adopted by the City Council of
the City of Anaheim on October 22nd, 1996.
CITY CLERK OF THE CITY OF ANAHEIM