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RES-1989-340RESOLUTION NO. 89R-340 A RESOLUTION OF 'rHE cI'rY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3168, IN PART. 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 from DONALD HUNT, 12844 Inglewood Avenue, Hawthorne, CA 90250, owner, and WILLIAM PEARCE, 12844 Inglewood Avenue, Hawthorne, CA 90250, agent, to construct a 26-building, 3-story, 106-unit airspace condominium complex upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: BEGINNING AT THE NORTHWEST CORNER OF PARCEL 3 OF PARCEL MAP NO. 79-279, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP FILED IN BOOK 143, PAGES 34 AND 35 OF PARCEL MAPS, RECORDS OF SAID COUNTY, SAID CORNER BEING ON THE SOUTHERLY RIGHT-OF-WAY OF WILKEN WAY; THENCE SOUTH 89° 38' 08" EAST; 258.08 FEET ALONG THE NORTH LINE OF SAID PARCEL 3; THENCE SOUTH 00° 20' 52" WEST, 55.00 FEET; THENCE SOBTH 89° 38' 08" EAST 192.68 FEET; THENCE SOUTH 00° 41' 55" EAST, 534.57 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 3; THENCE NORTH 89° 38' 13" WEST, 450.34 FEET, ALONG SAID SOUTHERLY LINE, TO THE SOUTHWEST CORNER OF SAID PARCEL 3; THENCE NORTH 00° 41' 55" WEST, 589.89 FEET, ALONG THE WESTERLY LINE OF SAID PARCEL 3 TO THE POINT OF BEGINNING; 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. PC89-160 granting Conditional Use Permit No. 3168, in part; 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 CUP 3168 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 consi- deration 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 adjoin- ing 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. WHEREAS, the City Council does further find with regard to the hereinafter specified proposed waiver(s) of Anaheim Municipal Code requirements, other than the proposed waiver of off-street parking requirements, as follows: 1. That there are no 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; and 2. That strict application of the zoning code does not deprive the property of privileges enjoyed by other property under identical zoning classification in the vicinity; and WHEREAS, the City Council does further find and determine with regard to the proposed waiver of certain off-street parking requirements that: 1. The variance would cause an increase in traffic congestion in the immediate vicinity nor adversely affect the adjoining land uses; and -2- CUP 3168 2. The granting of the variance under the conditions imposed would be detrimental to the peace, health, safety or general welfare of the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Conditional Use Permit No. 3168 be, and the same is hereby, granted, in part, permitting a 26-building, 3-story, 106-unit airspace condominium complex on the hereinabove described real property but that the following proposed waivers of the Anaheim Municipal Code for said project be denied: SECTIONS 18.06.050.0121 18.06.080 and 18.32.066.010 - Minimum number of parking spaces. '(300 required: 285 proposed) SECTION 18.32.070.010 Required handicapped access. {required: handicapped access (i.e. ramps) required for all dwelling units located on first full floor of all dwelling units located nearest to ground level; proposed: none) SECTION 18.32.080.020 Minimum recreational-leisure area. subject to the following conditions: That a fee shall be paid to the City of Anaheim for street lighting along Wilken Way in an amount as established by City Council resolution. That subject property shall be served by underground utilities. That the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as established by City Council resolution. That gates shall not be installed across any private street in a manner which may adversely affect vehicular traffic in the adjacent public streets. Installation of any gate at the Wilken Way entrance shall conform to the Engineering Department's Standard Plan No. 402 and shall include a cul-de-sac to provide adequate on-site vehicle turn-around space between said gate and Wilken Way. Installation of any gates shall be subject to the review and approval of the City Traffic Engineer. That any parking stalls adjacent and parallel to walls shall be a minimum of ten (10) feet wide. That all dwelling units shall be fire sprinklered (a 13-R sprinkler system may be acceptable) as required by the City Fire Department. -3- CUP 3168 7. access gates approved by 11. 12. 13. 14. 15. That any lockable pedestrian and/or vehicular shall be equipped with a "knox box" device as the Fire and/or Police Departments. That prior to commencement of structural framing, on-site fire hydrants shall be installed and charged as required and approved by the City Fire Department. That separate fire/water service shall be provided for each parcel, as required by the City Fire Department. That underground utility fees for be paid to the City of Anaheim as Electrical Utility Division. each dwelling unit shall required by the City That a six (6) foot high masonry block wall shall be constructed and maintained along the east, south and west property lines excepting the front setbacks where the wall height shall not exceed three (3) feet. The City Traffic Engineer shall have the authority to reduce the height to protect line-of-sight visibility where pedestrian and vehicular circulation intersect. Said walls shall be shown on the plans submitted for building permits. That sidewalks shall be repaired along ~ilken Way as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. That a traffic signal shall be installed at the intersection of Wilken Way and Haster Street as required by the City Traffic Engineer; or that security in the form of a bond, certificate of deposit, letter of credit, 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 improvement. Said security shall be posted with the City of Anaheim prior to issuance of a building permit or prior to final tract map approval, whichever occurs first. The above-required improvement shall be installed within a period of one (1) year after issuance of occupancy permits for both Phase 1 (one hundred six [106] condominiums on subject property) and Phase 2 (sixty four [64] condominiums on the 3.47 acres immediately east of subject property) unless State of California warrants for a traffic signal are not met. That this Conditional Use Permit is granted subject adoption of a zoning ordinance in connection with Reclassification No. 88-89-55, now pending. to the That all private streets shall be developed in accordance with the Engineering Department's Standard Detail No. 122 -4- CUP 5168 16. 17. for private streets, including installation of street name signs. Plans for the private street lighting, as required by the standard detail, shall be submitted to the Building Division for approval and shall be included with the plans submitted for building permits. (Private streets are those which provide primary access and/or circulation within the project). That driveways shall be repaired along Wilken Way as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. That prior to issuance of a building permit, the appropriate fees due for primary mains and for fire protection service shall be paid to the Water Utility Division in accordance with Rules 1SA and 20 of the Water Utility Rates, Rules and Regulations. 18. That a fire flow test of the water system to determine adequate water pressure shall be conducted to the satisfaction of the City Water Engineering Division. 19. That the legal property owner shall dedicate to the City of Anaheim a twenty (20) foot wide water easement from Tiller Avenue to the south property line. 20. 21. 22. That all off-site water system improvements required by the Water Engineering Division shall be paid for and provided by the legal property owner/developer. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 1 of Exhibit No. 1, and Exhibit Nos. 2 through 17; provided, however: (a) That a minimum of three hundred (300) parking spaces shall be provided in accordance with Code for the proposed one hundred six (106) residential condominium units in Phase 1; and (b) That Wilken Way shall be the main entrance to subject property and that only gated emergency access, as reviewed and approved by the City Traffic Engineer, shall be permitted to Willowbrook Lane. 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, 3, $, 10, 11, 13, 14, 15, 17, 18 and 19 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. -5- CUP 5168 25. That prior to final building and zoning inspections, Condition Nos. 2, 6, 9, 11, 12, 13, 15, 16, 20 and 21 above-mentioned, shall be complied with. 24. 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 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 1st day of August, 1989. ATTEST: ~ CITY CLERK OF THE CITY OF ANAHEIM 3LW:kh 3257L 080789 -6- COP 5168 CLERK 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. 89R-340 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 1st day of August, 1989, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Pickler, Kaywood and Hunter AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 89R-340 on the 10th day of August, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 10th day of August, 1989. CITY CLERK OF THE CITY OF ANAHEXIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 89R-340 duly passed and adopted by the Anaheim City Council on August 1, 1989. CITY CLERK OF THE CITY OF ANAHEIM