RES-2008-129RESOLUTION NO. 200 -129
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM GRANTING CONDITIONAL USE
PERMIT NO. 2007 05284.
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition
for Conditional Use Permit No. 2007 -05284 for certain real property situated at 2100 East
Orangewood Avenue in the City of Anaheim, County of Orange, State of California, as more
particularly shown in Exhibit "A" attached hereto and incorporated herein by this reference; and
WHEREAS, said application seeks approval of a conditional use permit to modify
the minimum structural and landscape setbacks in connection with the construction of a 689 -unit
residential project, as follows:
(a) SECTION NO. 18.20.090.010.0101 Upper Story Balconies Adjacent to South
Property Line (Building Four)
(5 setback required; 3 setback proposed)
(b) SECTION NO. 18.20.090.010.0101 Building Adjacent to Private Connector Street
(Buildings One and Two)
(10 setback required; 9 '4 setback proposed)
(c) SECTION NO. 18.20.090.010.0101 Upper Story Balconies Adjacent to Private
Connector Street (Buildings One and Two)
(10 setback required; 5 '11 setback
proposed)
(d) SECTION NO. 18.20.090.010.0101 Paved Walkway Adjacent to Northwest
Property Line (Building One)
(5 (fully landscaped) setback required; 2 2
(landscaped) setback proposed)
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 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. PC2008 -60 granting Conditional Use Permit No. 2007 05284;
and
WHEREAS, said Planning Commission, by its Motion, did request that the Anaheim
City Council review the Planning Commission's action granting Conditional Use Permit No. 2007-
05284 at a duly noticed public hearing; and
WHEREAS, thereafter, the City Council did set said application for such project for
a de novo hearing, which public hearing was duly noticed in the manner provided by law; 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 does find, after careful consideration of all evidence
and reports submitted to the City Planning Commission and the action taken by said Commission,
and all evidence and reports offered at said public hearing before the City Council, that all of the
conditions and criteria set forth in the Anaheim Municipal Code are present for the following
reasons:
1. That the proposed modification of minimum setbacks to construct 689 residential
units is properly one for which a conditional use permit is authorized under Code Section No.
18.20.090.050 of the Anaheim Municipal Code.
2. That the proposed use will not adversely affect the adjoining land uses or the growth
and development of the area in which it is proposed to be located because the proposed project is
compatible with existing and surrounding land uses and the minor deviations from the Code would
still achieve a project with architecturally enhanced elevations and layered landscaping, and further
provide a project that is compatible and consistent with the General Plan Mixed -Use land use
designation and The Platinum Triangle Master Land Use Plan (PTMLUP).
3. That 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 either the particular area or to the
health and safety of the citizens of the City of Anaheim.
4. That the traffic generated by the proposed use will not impose an undue burden upon
the streets and highways designed and improved to carry traffic in the area as the proposed project
has been analyzed in a Traffic Impact Analysis dated February 2008, reviewed and approved by the
City Traffic and Transportation Manager and that the required infrastructure improvements along
the adjacent streets will be constructed in connection with the project and the project will comply
with the mitigation measures set forth in Mitigation Monitoring Plan No. 152 for the project.
5. That the granting of the conditional use permit under the conditions imposed will not
be detrimental to the health and safety of the citizens of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Council does
hereby grant said Conditional Use Permit, subject to the following conditions which are hereby
found to be needed to preserve the health, safety and welfare of the Citizens of the City of Anaheim.
No.
Conditions of Approval
Responsible
for
Monitoring
TIMING: PRIOR TO ISSUANCE OF BUILDING PERMITS
1
That plans shall indicate compliance with the building setbacks
identified in Exhibit Nos. 2 through 7 of Final Site Plan No. 2007-
000014.
Planning
-2-
GENERAL CONDITIONS
2
That subject property shall be developed substantially in accordance
with Development Agreement No. 2007 00006, and as conditioned
herein.
Planning
3
That this conditional use permit shall be valid for a period of time
coinciding with the timing set forth in Development Agreement No.
2007 00006.
Planning
4
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.
Planning
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 1 5th day of July 2008, by the following roll call vote:
AYES:
NOES: NONE
ABSENT:
NONE
ABSTAIN: NONE
ATTEST:
Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
CITY CLERK OF THE
69281.v1 /MGordon
ITY OF ANAHEIM
CITY OF EIM
By:
MA OR OF THE C Y
F ANAHEIM
Exhibit A
1
1
1
1
1
1
1
1
ORANGEWOOD AVE
Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is two to five feet.
Subject Property
Conditional Use Permit No. 2007 -05284
Tentative Tract Map No. 1724
Development Agreement No. 2007 -00006
Miscellaneous No. 2008 -00246
2100 East Orangewood Avenue
10532