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2005-148RESOLUTION N0. 2005 - 148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT N0.2005-04975. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit to permit modification of required setback as authorized by Anaheim Municipal Code Section 18.20.090.050 upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 1: PARCELS A AND B, AS SHOWN ON A MAP FILED IN BOOK 22, PAGE 32 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL 2: AN EASEMENT 8.34 FEET IN WIDTH FOR INGRESS AND EGRESS OVER THAT PORTION OF LOT 5 OF TRACT N0.71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE SOUTH LINE OF SAID EASEMENT BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE OF THE b0 FOOT ROAD AS SHOWN ON THE MAP OF TRACT N0.71 (SAID ROAD BEING NOW KNOWN AS STATE COLLEGE BLVD.) SAID POINT BEING 280.34 FEET SOUTH, (MEASURED ALONG SAID CENTERLINE) FROM THE NORTHWEST CORNER OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, THENCE EAST, PARALLEL WITH THE SOUTH LINE OF SAID LOT 5, 250 FEET. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN SAID 60 FOOT ROAD AS SHOWN ON THE MAP OF SAID TRACT N0.71. PARCEL 3: PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 50, PAGE 12 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 4; AN EASEMENT FOR INGRESS AND EGRESS OVER THE NORTHERLY 16.66 FEET OF THE SOUTHERLY 258.14 FEET OF THE WESTERLY 220.00 FEET OF THE FOLLOWING DESCRIBED LAND: THOSE PORTIONS OF LOTS 4 AND 5 OF TRACT N0.71, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE OF THE 60-FOOT ROAD AS SHOWN ON THE MAP OF TRACT N0. 71, {SAID ROAD BEING NOW KNOWN AS STATE COLLEGE BOULEVARD), SAID POINT BEING 280.34 FEET SOUTH (MEASURED ALONG SAID CENTERLINE) FROM THE NORTHWEST CORNER OF SECTION 25, TOWNSHIP 4 ~.. SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN; THENCE EAST, PARALLEL WITH THE SOUTH LINE OF SAID LOT 5, 250 FEET; THENCE NORTH 0 DEGREES 08' 00" WEST 28.34 FEET; THENCE SOUTH 89 DEGREES 59' 16" EAST 54.00 FEET; THENCE NORTH 0 DEGREES 08' 00" WEST 36.00 FEET; THENCE SOUTH 89 DEGREES 59' 16" EAST 26.00 FEET; THENCE NORTH 0 DEGREES 08' 00" WEST 216.11 FEET TO THE NORTHERLY LINE OF SAID LOT 5, BEING ALSO A POINT IN THE CENTERLINE OF THE STREET DESCRIBED IN THE FINAL ORDER OF CONDEMNATION FILED JULY 8,1960 AND RECORDED IN BOOK 5321, PAGE 397 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE EAST ALONG SAID LAST MENTIONED CENTERLINE TO THE ~. EAST LINE OF THE LAND CONVEYED IN DEED TO W. H, JEWETT, RECORDED SEPTEMBER 1,1960 IN BOOK 5400, PAGE 238 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE SOUTH ALONG SAID EAST LINE TO THE SOUTHEAST CORNER THEREOF; THENCE WEST ALONG THE SOUTH LINE OF SAID JEWETT'S LAND AND THE WESTERLY PROLONGATION, TO THE CENTERLINE OF STATE COLLEGE BOULEVARD; THENCE NORTH ALONG SAID CENTERLINE TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM, THAT PORTION INCLUDED WITHIN SAID 60-FOOT ROAD AS SHOWN ON THE MAP OF TRACT N0.71. PARCEL 5: THAT PORTION OF LOT 5 OF TRACT N0.71 2 AS PER MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF PLACENTIA AVENUE, WHICH POINT IS 217 FEET SOUTH OF THE NORTHWEST CORNER OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN; THENCE SOUTH ALONG THE CENTER OF SAID PLACENTIA AVENUE, 55 FEET; THENCE EAST, PARALLEL WITH THE SOUTH BOUNDARY LINE OF LOT 5 TRACT N0.71, A DISTANCE OF 154 FEET; THENCE NORTH, PARALLEL WITH SAID CENTERLINE OF PLACENTIA AVENUE, 55 FEET; THENCE WEST, PARALLEL WITH THE SOUTH BOUNDARY LINE OF SAID LOT S, A .. DISTANCE OF 154 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM, THAT PORTION LYING WITHIN PLACENTIA AVENUE, SHOWN AS A b0.00-FOOT STREET ON SAID MAP, ADJOINING SAID LOT 5 ON THE WEST. APN:232-021-07, 232-021-10 and 231-021-11; 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 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.PC2005-83 granting Conditional Use Permit No.2005- 04975; 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 ofthe City Planning Commission and all evidence and reports offered at said hearing, that; 1. That the proposed modification to required setbacks is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.20.090.050. 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 that 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 the particular area or to health and safety. 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 the traffic in the area as the proposed project has been analyzed in a Traffic Impact Study dated March, 2005, 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. 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 by the City Council of the City of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 2005-04975 be, and the same is hereby, granted permitting modification of required setbacks adjacent to State College Boulevard and the proposed private street in accordance with plans herein approved on the hereinabove described real property, subject to the following conditions: 1. That this Conditional Use Permit is granted subject to adoption of Development Agreement No. 2005-00005 and Tentative Tract Map No. 16825, now pending. 2. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement for a domestic above-ground water meter in addition to providing a 5-foot wide clearance around the water meter pad and a 10-foot wide access easement along the water line from the street to the water meter pad for maintenance. 3. That a private water system with separate water service for fire protection and domestic water shall be provided. Said information shall be shown on plans submitted for building permits. 4, That all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets and alleys. Any backflow 4 assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans submitted for approval by the Water Engineering Division of the Public Utilities Department. 5. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonments of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Public Utilities Department. 6. That prior to submitting the water improvement plans, the property owner/developer shall submit a water system master plan, including a hydraulic distribution network analysis, to the Water Engineering Division of the Public Utilities Department for review and approval. The master plan shall demonstrate the adequacy of the proposed on-site water system to meet the project's water demands and fire protection requirements. 7. That prior to application for water meters, fire lines or submitting the water improvement plans for approval, the property owner/developer shall submit to the Water Engineering Division of the Public Utilities Department, an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be done in accordance with Rule No.15A.6 of the Water Utility Rates, Rules, and Regulations. 8. That individual water service and/or fire line connections shall be required for each parcel and/or residential and commercial unit per Rule 18 of the City of Anaheim's Water Rates, Rules and Regulations. 9. That because this project has a landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed in compliance with City Ordinance No. 5349 and Chapter 10.19 of the Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. 10. That signs shall be posted indicating no on-street parking shall be allowed on the adjacent streets except where designated turn-aut areas are provided for loading and unloading. Such signs shall be shown on plans submitted for the review and approval of the City Traffic and Transportation Manager. 11. That trash storage areas and trash chutes shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with exhibits approved in conjunction with this Conditional Use Permit, on file with the Planning Department. Said information shall be specifically shown on plans submitted for building permits. 5 12. That the legal property owner shall provide the City of Anaheim with an easement for electrical service lines to be determined as electrical design is completed. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 13. That an on site trash truck turn around area shall be provided per Engineering Standard Detail No. 476 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn around area shall be specifically shown on plans submitted for building permits. 14. That the proposed development shall operate in accordance with the written solid waste management plan signed by the project applicant, Integral Partners. Modifications to the solid waste management plan shall only occur if mutually agreed upon by both the property owner and the City of Anaheim Director of Public Works. 15. That any required relocation of City electrical facilities shall be at the property owner/developer's expense, Landscape andlor hardscape screening of all pad-mounted equipment shall be required and shall be shown on plans submitted for building permits. 16. That closed circuit television (CCTV) security cameras shall be installed to monitor the parking structure and the mailroom on the second level of the parking structure to the satisfaction of the Anaheim Police Department. CCTV cameras shall be strategically located throughout the parking structure, covering all areas, especially all pedestrian and vehicular access points. Said information shall be specifically shown on plans submitted for building permits. 17. That each individual building and unit shall be clearly marked with its appropriate building number and address. These numbers shall be positioned so they are easily viewed from vehicular and pedestrian pathways throughout the complex. Main building numbers shall be a minimum of 12 inches in height. Main building numbers and address numbers shall be illuminated during hours of darkness. Said information shall be specifically shown on plans submitted for building permits. 1 S. That 4-foot high address numbers shall be displayed flat on the roof in a contrasting color to the roof material. The numbers shall not be visible from view of the street or adjacent properties. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 19, That pedestrian and vehicular access control shall be required to prevent unwanted entry. A digital keypad entry system shall be included to facilitate quick response by emergency personnel. The system's entry code shall be provided to the Anaheim Police Department Communications Bureau and the Anaheim Fire Department. Said information shall be specifically shown on plans submitted for building permits. 20. That adequate lighting on all levels of the parking structure, including circulation areas, aisles, passageways, recesses, and grounds contiguous to buildings shall be 6 provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on-site. Said information shall be specifically shown on plans submitted for building permits. 21. That decorative french doors acceptable to the Planning Services Division shall be provided on all patio {ground-floor) doors. Said information shall be specifically shown on plans submitted for building permits. 22. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view. Said information shall be specifically shown on the plans submitted for building permits. 23. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architech~ral devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits. 24. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 25. 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. 26. That the property owner/developer shall be responsible for compliance with all mitigation measures within the assigned time frames and any direct costs associated with the attached Mitigation Monitoring Program No. l29 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. 27. That signage for this project shall be limited to that shown on the approved Conditional Use Permit exhibits submitted by the project applicant, on file in the Planning Department. Any additional signage shall be subject to approval by the Planning Director. 28. That gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic on the adjacent public street. Installation of any gates shall conform to the Engineering Standard Plan No. 475 and shall be subject to the review and approval of the City Traffic and Transportation Manager prior to the issuance of the first building permit. 29. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 402, 436, 470, 471, 472, 473 and 475 pertaining to parking 7 standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 30. That all driveways to the project site shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No.115. Said information shall be specifically shown on plans submitted for building permits. 31. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses, 32. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval in conformance with the Engineering Standard No,115 pertaining to sight distance visibility for signs or walUfence locations. Said information shall be specifically shown on plans submitted for building permits. 33. That assigned parking spaces shall be provided for each residential unit. Said information shall be specifically shown on plans submitted for building permits, 34. That visitor parking spaces shall be posted, "No Overnight Parking, Except by Permission of the Management." Said information shall be specifically shown on plans submitted for building permits. 35. That all above-ground utility devices shall be located on private property and outside any required street setback area. Said information shall be shown on plans submitted for the first building permits. 3b. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by project applicant and which plans are on file with the Planning Department marked Exhibit Nos, l through 24, and as conditioned herein. 37. That prior to issuance of the first building permit, or within a period of one (1 }year from the date of this resolution, whichever occurs first, Condition Nos.1, 2, 3, 4, 6, 7, 9, 10,11,12,13,15, 1b, 17, 18, 19, 20, 21, 22, 23, 27, 28, 29, 30, 32, 33, 34 and 35, 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. 38. That prior to final building and zoning inspections, Condition No. 36, above mentioned, shall be complied with. 39. That the applicant shall submit enhanced buildinglarchitectural plans for review and approval by the Planning Commission as a "Reports and Recommendations" item prior to City Council action on Development Agreement No.2005-00005, Tentative Tract Map 8 No. l b825 and Conditional Use Permit No.2005-04975. 40. 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 26th Day of July , 2005, by the following roll call vote: AYES: Mayor Pringle, Council Member Sidhu, Hernandez NOES: Council Members Chavez, Galloway ABSENT: None ABSTAIN: None CITY AHEIM By MAYOR OF TH OF ANAHEIM ATT~T: ,. . ,~ ITY CLE OF THE CITY OF ANAHEIM 58867.1 9