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97-075RESOLUTION NO. 97R -75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3917. 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 conversion of an existing 139 -unit apartment complex to a 136 -unit Vacation Ownership Resort upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 98, PAGES 39 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; 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. PC97 -53 granting Conditional Use Permit No. 3917; 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 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, Conditional Use Permit No. 3917 be, and the same is hereby, granted permitting conversion of an existing 139 -unit apartment complex to a 136 -unit Vacation Ownership Resort on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: (a) Sections 18.48.070.090.0901(c) 2 Minimum structural setback and yard requirements abutting Orangewood Avenue (20 feet required for buildings 75 feet or less; 12 to 27 feet existing) (b) Sections 18.48.070.090.0903 18.48.070.110.1102 (c) Sections 18.48.070.100.1002 Permitted encroachments and 18.48.070.100.1003 into required Yard and setback areas. (vehicular parking prohibited in required interior setbacks; vehicular parking existing in setbacks along the east, north and west property lines) subject to the following conditions: 1. That approval of Conditional Use Permit No. 3917 is subject to City Council adoption of General Plan Amendment No. 344, approval of Amendment No. 1 to the Anaheim Resort Specific Plan No. 92 -2, and adoption of an ordinance rezoning subject property to the Anaheim Resort Specific Plan No. 92 -2 (SP 92 -2) Zone. 2. That the property owner /developer shall be responsible for compliance with all of the mitigation measures set forth in Mitigation Monitoring Plan No. 006 for this project, and for complying with the monitoring and reporting requirements established by the City in compliance with Section 21081.6 of the Public Resources Code. Furthermore, the property owner /developer shall be responsible for any direct costs associated with the monitoring and reporting requirements to ensure implementation of those mitigation measures identified in Mitigation Monitoring Plan No. 006 which is made a part of these conditions of approval by reference. 3. That the phased conversion to vacation ownership resort use shall be completed within four (4) years from the date of 3 Minimum structural setback and yard requirements and abutting interior property lines. (Required: 10 feet, fully landscaped, adjacent to the north and west property lines and 20 feet, fully landscaped, adjacent to the east property line abutting residentially zoned property required; Proposed: none adjacent to existing carports and trash enclosures) this resolution (unless an extension of time is granted by the City at an advertised public hearing) and subject resort shall be wholly occupied thereafter in compliance with the limits on occupancy set forth in Section 18.48.120 "Requirements for Vacation Ownership Resorts" of the Anaheim Municipal Code. 4. That the operator of subject vacation ownership resort shall provide twenty four (24) hour on -site security services and staffing at the front desk, and shall be responsible for the day -to -day management, operations and maintenance of the entire resort. 5. That the operator of subject vacation ownership resort shall maintain a register for the registration of all guests of the vacation ownership resort, including overnight accommodations offered to the public, as set forth in Chapter 7.22 "Hotel Registers" of the Anaheim Municipal Code. 6. That prior to the first final building and zoning inspection, all sidewalk improvements located within the public right -of -way shall conform to Engineering Standard Detail No. 121. 7. That prior to the first final building and zoning inspection, the property owner /developer shall, at his or her own expense, install, irrigate and maintain the City's designated street trees (Magnolia) and shrubs in the Orangewood Avenue parkway across the entire frontage of the subject property. 8. That prior to issuance of the first building permit, a plan showing the proposed Anaheim Resort freestanding monument sign location shall be submitted to the City Traffic and Transportation Manager for review and approval in conformance with Engineering Standard No. 137 pertaining to sight distance visibility. Said monument sign shall be installed prior to the commencement of the vacation ownership resort activity. 9. That prior to issuance of a building permit, a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division, for review and approval. 10. That the subject property shall be developed substantially in accordance with the plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibits No. 1 4 through 8. 11. That prior to issuance of the first building permit, the location, type and configuration of all lighting fixtures, including ground- mounted lighting fixtures utilized to accent buildings, landscape elements, or to illuminate pedestrian areas, shall be shown on plans submitted for building permits. All proposed surface parking area lighting fixtures shall be down lighted with a maximum height of twelve (12) feet adjacent to any residential properties. All lighting fixtures shall be shielded to direct lighting toward the area to be illuminated and away from adjacent residential property lines. 12. That the operator of the subject vacation ownership resort (Operator) shall submit a yearly report to the City of Anaheim no later than January 31 of each calendar year for the calendar year ending the previous December 31, containing the actual Transient Occupancy Taxes collected for the vacation ownership units. It shall be the responsibility of the Operator of the subject vacation ownership resort to maintain complete records and to report the correct Transient Occupancy Tax (TOT) including the TOT for any rentals of vacation ownership units which are handled by either the owner of such unit (Owner) or a third party (a party other than the Owner or Operator). The Operator shall comply with all applicable provisions of Chapter 2.12 "Transient Occupancy Tax" of the Anaheim Municipal Code. 13. That prior to commencement of the activity approved herein, or prior to the issuance of the first building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, the property owner shall execute and record an unsubordinated agreement and covenant to the satisfaction of the City Attorney's Office, which agreement shall set forth the method of ownership of the vacation ownership units to be established and implemented for the vacation ownership resort project which guarantees that the City shall be entitled to collect Transient Occupancy Tax (TOT) for all vacation ownership units as if they were hotel rooms. 14. That prior to issuance of each building permit, plans showing conformance with the Uniform Fire Code shall be submitted to the Fire Department for review and approval. 15. That prior to final building and zoning inspections, a licensed landscape architect shall provide a letter to the Planning Department certifying that all landscaping and irrigation systems have been installed in accordance with landscaping plans approved in connection with subject 5 Conditional Use Permit No. 3917. 16. That on -site landscaping and irrigation systems shall be maintained by the property owner /developer in compliance with City standards. 17. That on -site sweeping operations shall utilize sweeping /scrubbing equipment which operates at a level measuring not greater than sixty (60) dBA at the nearest adjacent property line. 18. That trash storage areas shall be provided and maintained in the locations identified on Exhibit No. 1 and in accordance with the approved plans on file with the Public Works Department, Streets and Sanitation Division. Such information shall be specifically shown on the plans submitted for building permit. 19. 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. 20. That the property owner /developer shall provide relocation assistance as specified in the "Tenant Relocation Plan" submitted to the City of Anaheim and which plan is on file with the Planning Department marked Exhibit No. 8. 21. That any tree planted within the Setback Realm shall be replaced in a timely manner in the event that it is removed, damaged, diseased and /or dead. (Condition No. 15* of Ordinance No. 5454 adopted in connection with Specific Plan No. 92 -2) 22. That a licensed arborist shall be responsible for all tree trimming. (Condition No. 16 of Ordinance No. 5454 adopted in connection with Specific Plan No. 92 -2) 23. That pressure washing operations for purposes of building repair and maintenance due to graffiti or other aesthetical considerations shall be limited to daytime hours of operation between 7:00 a.m. and 8:00 p.m. (Condition No. 19* of Ordinance No. 5454 adopted in connection with Specific Plan No. 92 -2) 24. That prior to final building and zoning inspections, all air conditioning facilities and other roof and ground- mounted equipment shall be shielded from public view as required by the Specific Plan and the sound buffered to comply with City 6 of Anaheim noise ordinances from any adjacent residential or transient occupied properties. Such information shall be specifically shown on the plans submitted for building permits. (Condition No. 25* of Ordinance No. 5454 adopted in connection with Specific Plan No. 92 -2) 25. That prior to final building and zoning inspections, all plumbing and other similar pipes and fixtures located on the exterior of the building shall be fully screened from view of adjacent public rights -of -way and from adjacent properties by architectural devices and /or appropriate building materials; and, further, such information shall be specifically shown on the plans submitted for building permits. (Condition No. 26* of Ordinance No. 5454 adopted in connection with Specific Plan No. 92 -2) 26. That property owner /developer shall be responsible for the removal of any on -site graffiti within 24 hours of its application. (Condition No. 27* of Ordinance No. 5454 adopted in connection with Specific Plan No. 92 -2) 27. That no shuttle, bus, or vehicular drop -off areas shall be permitted in the front setback areas. (Condition No. 31* of Ordinance No. 5454 adopted in connection with Specific Plan No. 92 -2) 28. That prior to the issuance of each building permit, the Anaheim Police Department shall review and approve plans for safety, accessibility, crime prevention, and security provisions during both the construction and operative phases. (Condition No. 32* of Ordinance No. 5454 adopted in connection with Specific Plan No. 92 -2) 29. That gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic in the adjacent public streets. Installation of any gates shall conform to Engineering Standard Plan No. 402 and shall be subject to the review and approval of the City's Traffic and Transportation Manager prior to the issuance of a building permit. (Condition No. 34* of Ordinance No. 5454 adopted in connection with Specific Plan No. 92 -2) 30. That all engineering requirement of the City of Anaheim, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, water facilities, street grading and pavement, sewer and drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with specifications on file in the Office of the City Engineer, as may be modified by the City Engineer; and that security in the form of a bond, certificate of deposit, 7 letter of credit, completion guarantee, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of said improvements. Said security shall be posted with the City prior to the issuance of a building permit or final map approval, whichever occurs first, to guarantee the installation of the related improvements prior to final building and zoning inspection. (Condition No. 36* of Ordinance No. 5454 adopted in connection with Specific Plan No. 92 -2) 31. That prior to issuance of each building permit, the approximate Citywide Transportation Impact and Improvement Fee shall be paid to the City of Anaheim in the amount(s) determined by City Council Resolution. Consistent with the Fee Ordinance, fees may be reduced in consideration of right -of -way dedication and /or Master Plan of Arterial Highway facility construction. (Condition No. 37* of Ordinance No. 5454 adopted in connection with Specific Plan No. 92 -2) 32. That when established by the City, the property owner /developer shall participate in the Transportation Network (TNA) to be created for the Anaheim Resort and Anaheim Stadium Business Center and coordinated with the I -5 Traffic Management Plan. (Condition No. 38* of Ordinance No. 5454 adopted in connection with Specific Plan No. 92 -2) 33. That prior to final building and zoning inspections, the water meter and backflow equipment and any other large water system equipment shall be installed to the satisfaction of the Public Utilities Department, Water Utility Division, in either underground vaults or behind the building setback line in a manner fully screened from all public streets and alleys and in accordance with Ordinance No. 4156 and Section 18.48.070.1107 of the Anaheim Municipal Code. Such information shall be specifically shown on the plans submitted for building permits. (Condition No. 39* of Ordinance No. 5454 adopted in connection with Specific Plan No. 92 -2) 34. That prior to issuance of each building permit, unless records indicate previous payment, the appropriate fees for Primary Mains, Secondary Mains and Fire Protection Service shall be paid to the Public Utilities Department, Water Utility Division in accordance with Rule 15A and 20 of the Water Utility Rates, Rules and Regulations. (Condition No. 40* of Ordinance No. 5454 adopted in connection with Specific Plan No. 92 -2) 8 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 20th day of May, 1997. ATTEST: 6" 444 211 JAW CITY CLERK OF THE C TY OF ANAHEIM 0023195.01 MAYOR OF THE 9 ITY OF EIM 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. 97R -75 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 20th day of May, 1997, by the following vote of the members thereof: AYES: MAYOR /COUNCIL MEMBERS: McCracken, Tait, Zemel, 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. 97R -75 on the 20th day of May, 1997. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 20th day of May, 1997. (SEAL) .CITY CLERK OF THE CITY OF ANAHEIM I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 97R -75 was duly passed and adopted by the City Council of the City of Anaheim on May 20, 1997. CITY CLERK OF TH CITY OF ANAHEIM