84R-037 RESOLUTION NO. 84R -37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2462.
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 RIVIERA MOBILEHOME PARKS, a California joint venture, owner,
and FLOYD L. FARANO, agent, to permit two 234 -foot high, 180 -unit
residential condominium towers upon certain real property located
within the City of Anaheim, County of Orange, State of California,
legally described as:
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 27,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER
MAP FILED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY:
COMMENCING AT A POINT IN THE NORTH LINE OF SAID
SECTION DISTANT THEREON S. 89 54' 30" W. 620.00 FEET
FROM THE NORTHEAST CORNER OF SAID SECTION AS SAID
CORNER IS SHOWN ON A MAP FILED IN BOOK 43, PAGE 33 OF
RECORD OF SURVEYS IN THE OFFICE OF SAID COUNTY
RECORDER; THENCE S. 1 19' 30" E. 265.06 FEET PARALLEL
WITH THE EAST LINE OF SAID SECTION TO A LINE THAT IS
PARALLEL WITH AND 265.00 FEET SOUTHERLY OF SAID NORTH
LINE AND THE TRUE POINT OF BEGINNING; THENCE
CONTINUING S. 1 19' 30" E. 388.06 FEET TO SOUTH LINE
OF THE NORTH HALF OF SAID NORTHEAST QUARTER; THENCE N.
89 49' 28" E. 619.98 FEET ALONG SAID SOUTH LINE TO
THE EAST LINE OF SAID SECTION; THENCE N. 1 19' 30" W.
387.16 FEET ALONG SAID EAST LINE TO SAID PARALLEL
LINE; THENCE S. 89 54' 30" W. 620.00 FEET ALONG SAID
PARALLEL LINE TO THE TRUE POINT OF BEGINNING.
RESERVING THEREFROM THE EASTERLY 45.00 FEET FOR STREET
PURPOSES; 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. PC83 -234 granting
Conditional Use Permit No. 2462; 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 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.
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.
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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. 2462 be, and the same is hereby,
granted permitting two 234 -foot high, 180 -unit condominium towers
on the hereinabove described real property with a waiver of the
following provisions of the Anaheim Municipal Code:
SECTION 18.35.061.010 - Minimum building site area
(1000 square feet per dwelling
unit required; 618 square feet
proposed)
SECTIONS 18.35.060 - Maximum structural height
AND 18.31.062.012 (1 story permitted within
150 feet of single - family
residential; 19 stories at a
distance of 65 feet proposed)
SECTIONS 18.35.060 - Minimum landscaped setback
AND 18.31.063.011 - (20 feet required adjacent
to Raster Street; 10 feet pro-
posed)
subject to the following conditions:
1. That prior to issuance of a building permit, appropriate
park and recreation in -lieu fees shall be paid to the City of
Anaheim in an amount as determined by the City Council.
2. That drainage of subject property shall be disposed of in
a manner satisfactory to the City Engineer.
3. That in the event subject property is to be divided for
the purpose of sale, lease, or financing, a parcel map to record
the approved division of subject property shall be submitted to and
approved by the City of Anaheim and then be recorded in the Office
of the Orange County Recorder.
4. That subject property shall be served by underground
utilities.
5. That prior to commencement of structural framing, fire
hydrants shall be installed and charged as required and determined
to be necessary by the Chief of the Fire Department.
6. That trash storage areas shall be provided in accordance
with approved plans on file with the Street Maintenance and
Sanitation Division, including the installation of on -site waste
compactors.
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7. That exercise of this Conditional Use Permit is
contingent upon the completion of Reclassification No. 82- 83 -35,
now pending.
8. That service for sanitary sewers shall be from the
existing 21 inch sewer in Katella Avenue.
9. That exercise of this Conditional Use Permit is
contingent upon the completion of Reclassification No. 82 -83 -26
(removal of the (MHP) Overlay Zone), now pending.
10. That prior to issuance of a building permit, appropriate
water assessment fees shall be paid to the City of Anaheim, in an
amount as determined by the Office of the Utilities General
Manager.
11. That the proposed residential high -rise towers shall be
sprinklered in compliance with Fire Department requirements.
12. That the developer shall provide and maintain a
television antenna or cable system, without charge to residents,
to assure satisfactory television reception to any residences
which are unable to receive a satisfactory level of television
signals as a result of interference caused by the project
structures.
13. That no permits shall be issued by the City of Anaheim
for the exercise of this conditional use permit except following
the exercise and compliance with all conditions of Conditional Use
Permit No. 2460 (17- story, 171 -foot high, 852 -room hotel).
14. That prior to issuance of building permits the developer
shall pay the traffic signal assessment fees minus the cost of
traffic signal modifications made at Katella Avenue and Clementine
Street.
15. That a standpipe delivery system, emergency on -site
water storage and fire control rooms be provided as reviewed and
approved by the Fire Department.
16. That the developer shall contribute a pro -rata share of
costs associated with the development of a new fire station site,
a fully equipped fire station and appropriate apparatus to equip
said station. Said pro -rata share of the total costs to be
determined by the Anaheim Fire Chief pending completion of a study.
17. That the developer shall install a distribution main in
the Clementine Street right -of -way and through the project as
reviewed and approved by the Water Engineering Division.
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18. That the owner(s) of subject property shall pay its
proportionate share, and shall execute and record an agreement in
a form approved by the City Attorney's Office obligating owner(s)
to pay its proportionate share, of the cost of certain off -site
public improvements and services pursuant to that certain
assessment district or benefit area to be hereinafter established
by the City of Anaheim, pursuant to the requirement of Development
Agreement No. 83 -01 between the City of Anaheim and Anaheim
Stadium Associates.
19. That subject property shall be developed substantially
in accordance with plans and specifications on file with the City
of Anaheim marked Exhibit Nos. 1 through 6.
20. That prior to issuance of a building permit, the owner
of subject property shall record a covenant, in a form approved by
the City Attorney and the Planning Director, prohibiting
conversion of the individual residential condominium units to time
share residential condominium units.
21. That prior to issuance of building permits, the
applicant shall present evidence satisfactory to the Chief
Building Inspector that the proposed project is in conformance
with Council Policy Number 542 "Sound Attenuation in Residential
Projects ".
22. That this conditional use permit is granted subject to
the approval of a tentative tract map.
23. That prior to final tract map approval, the original
documents of the covenants, conditions, and restrictions, and a
letter addressed to the developer's title company authorizing
recordation thereof, shall be submitted to the City Attorney's
Office and approved by the City Attorney's Office and Engineering
Division. Said documents, as approved, will then be filed and
recorded in the Office of the Orange County Recorder.
24. That prior to the commencement of the activity
authorized under this resolution, or prior to the time that a
building permit is issued, or within a period of one year from the
date of this resolution, whichever occurs first, Condition Nos. 7,
9, 13, 16, 18 and, 23, 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.
25. That prior to final building and zoning inspections,
Condition Nos. 2, 4, 6, 8, 11, 12, 15, 17, and 20,
above - mentioned, shall be complied with.
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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 24th day of January, 1984.
oVe
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
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TY , LERK OF HE TY OF ANAHEIM
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2/17/84
_6_
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 84R -37 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 24th day of January, 1984, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Bay, Overholt, Fickler and Roth
NOES: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 84R -37 on the 24th day of January, 1984.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 24th day of January, 1984.
CITY CLERK OF THE ITY HEIM
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 84R -37 duly passed and adopted
by the Anaheim City Council on January 24, 1984.
I -.
' CITY CLERK