90-330 RESOLUTION NO. 90R-330
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 3301.
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 from two to six dwelling units in the Flood Plain
Overlay (FP) Zone upon certain real property located within the
City of Anaheim, County of Orange, State of California, legally
described as:
PARCEL 1
THAT PORTION OF THE WESTERLY 19 ACRES OF THAT CERTAIN
57 ACRE TRACT OF FIRST CLASS LAND MARKED "RAMONA DE LA
GUERRA" IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS SHOWN ON A LICENSED SURVEYORS MAP SHOWING PARTITION
OF M. YORBA ESTATE FILED IN BOOK 1, PAGE 27, RECORD OF
SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID 57 ACRE
TRACT AND RUNNING THENCE SOUTH 80° 48' 40" EAST ALONG
THE SOUTHERLY BOUNDARY THEREOF 601.1 FEET TO A 4" 4 X
4" STAKE MARKED "H.C.K." IN MONOGRAM; THENCE NORTH 5°
14' 05" EAST 1553.73 FEET TO A STAKE SET BY H. CLAY
KELLOGG IN OCTOBER 1914 ON THE NORTHERLY BOUNDARY OF
SAID 57 ACRE TRACT; THENCE SOUTH 76° 45' WEST ALONG
SAID NORTHERLY BOUNDARY 626.8 FEET TO THE
NORTHWESTERLY CORNER THEREOF MARKED BY A 4" X 4" STAKE
MARKED BY "H.C.K." IN MONOGRAM; THENCE SOUTH 5° 28'
00" WEST ALONG THE WESTERLY BOUNDARY THEREOF 1313.55
FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING SOUTItERLY OF
THE NORTHERLY LINE OF THE LAND DESCRIBED IN THE DEED
RECORDED MARCH 17, 1966 IN BOOK 7871, PAGE 580 OF
OFFICIAL RECORDS.
PARCEL 2:
THAT PORTION OF THE 57 ACRE TRACT OF FIRST CLASS LAND
MARKED "RAMONA DE LA GUERRA" IN THE COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON A LICENSED SURVEYORS
MAP SHOWING PARTITION OF M. YORBA ESTATE FILED IN BOOK
1, PAGE 27, RECORD OF SURVEYS, IN THE COUNTY RECORDERS
OFFICE OF SAID COUNTY MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
CUP 3301
BEGINNING AT A STAKE MARKED MONOGRAM "H.C.K." SET IN
THE SOUTHERLY BOUNDARY OF SAID 57 ACRE TRACT AS THE
SOUTHWEST CORNER OF THE PARCEL OF LAND ALLOTTED AND
SET APART TO ROSA YORBA BE DECREE OF PARTITION
RENDERED MARCH 5, 1915 IN ACTION NO. 5719 IN THE
SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR
THE COUNTY OF ORANGE, A CERTIFIED COPY OF WHICH DECREE
WAS RECORDED IN BOOK 278, PAGE 8 OF DEEDS, RECORDS OF
SAID COUNTY, SAID SOUTHWEST CORNER BEING DISTANT NORTH
80° WEST 479.4 FEET FROM THE SOUTHEAST CORNER OF SAID
57 ACRE TRACT AND RUNNING THENCE NORTH 4° EAST ALONG
THE WESTERLY LINE OF SAID TRACT ALLOTTED TO ROSA YORBA
1775.5 FEET TO A STAKE SET IN THE NORTHERLY BOUNDARY
OF SAID 57 ACRE TRACT BY H. CLAY KELLOGG UPON A SURVEY
OF SAID PROPERTY IN 1914; THENCE SOUTH 76° 1S' WEST
ALONG SAID NORTHERLY BOUNDARY LINE 529.4 FEET, MORE OR
LESS, TO THE BOUNDARY LIEN OR THE PROLONGATION
THEREOF, ESTABLISHED BY AGREEMENT BETWEEN LAURIE VBJAR
AND OTHERS AND ROSA YORBA LOCKE AND HUSBAND, DATED
DECEMBER 14, 1923 AND RECORDED IN BOOK 502, PAGE 216
OF DEEDS, RECORDS OF SAID COUNTY, THENCE SOUTH 5° 44'
43" WEST ALONG SAID LAST MENTIONED BOUNDARY LINE
AND/OR PROLONGATION THEREOF 1539 FEET, MORE OR LESS,
TO THE SOUTHERLY BOUNDARY OF SAID 57 ACRE TRACT;
THENCE SOUTH 80° EAST ALONG SAID SOUTHERLY BOUNDARY
LINE 507.5 FEET, MORE OR LESS, TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY OF
THE NORTHERLY LINE OF THE PROPERTY DESCRIBED IN THE
DEED RECORDED MARCH 16, 1966 IN BOOK 7871, PAGE 580 OF
OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY
OF THE NORTHERLY LINE OF THE PROPERTY DESCRIBED IN THE
DEED RECORDED MARCH 17, 1966 IN BOOK 7871, PAGE 580 OF
OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION LYING EASTERLY,
SOUTHEASTERLY AND SOUTHERLY OF THE WESTERLY,
NORTHWESTERLY AND NORTHERLY LINES OF THE LAND
DESCRIBED IN THE DEED RECORDED AUGUST 20, 1968 IN BOOK
8696, PAGE 119 OF OFFICIAL RECORDS; 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
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said hearing, did adopt its Resolution No. PC90-1~9 granting
Conditional Use Permit No. 3501; 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
adjoining land uses and the growth and development of the area in
which it is proposed to be located.
5. 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
18.05.040 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,
Conditional Use Permit No. 3301 be, and the same is hereby,
granted permitting from two to six dwelling units in the Flood
Plain Overlay (FP) Zone on the hereinabove described real
property with a waiver of the following provisions of the Anaheim
Municipal Code:
SECTION 18.01.130 - Required lot frontage.
(Frontage on ? p_~lic street
or alley requxren; frontage on
a private street for 17 lots
propo~
SECTION 18.83.020.010 - Minimum distance between oil
drilling sites and dwelling
units. (150 feet required in
t-~ Oil Production Overlay
Zone; 100 feet proposed)
subject to the following conditions:
1. That prior to issuance of a building permit, the
appropriate traffic signal assessment fee shall be paid to
the City of Anaheim in an amount as established by City
Council resolution.
2. That all private streets shall be developed in accordance
with the Engineering Standard Detail No. 122 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 included with the building plans
prior to the issuance of building permits. Said lighting
shall be installed prior to final building and zoning
inspections. (Private streets are those which provide
primary access and/or circulation within the project.)
3. That prior to any occupancy, temporary street name signs
for any new public or private street shall be installed if
permanent street name signs have not yet been installed.
4. That gates shall not be installed across the private street
in a manner which may adversely affect vehicular traffic in
the adjacent public street. Installation of any gates
shall conform to Engineering Standard Plan No. 402 and
shall be subject to the review and approval of the City
Traffic Engineer prior to issuance of a building permit.
5. That a tract map to record the 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.
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6. That sidewalks shall be installed along the private street
as required by the City Engineer and in accordance with
standard plans and specifications on file in the Office of
the City Engineer.
7. That prior to issuance of a building permit, the
appropriate fees due for primary water mains shall be paid
to the Water Engineering Division in accordance with Rules
1SA and 20 of the Water Utility Rates, Rules and
Regulations.
8. That a water system loop extension shall be connected with
the existing system in Tract No. 15129 (Azure Street) to
the west of subject property, as required by the Water
Engineering Division.
9. That fire sprinklers shall be installed as required by the
City Fire Department.
10. That prior to commencement of structural framing, fire
hydrants shall be installed and charged as required and
approved by the Fire Department. An all-weather road shall
be provided to the hydrant at all times as approved by the
Fire Department.
11. That a parking plan showing compliance with City parking
design standards shall be submitted to and approved by the
City Traffic Engineer.
12. That all lots within subject subdivision shall be served by
underground utilities.
15. That roll-up garage doors shall be shown on plans submitted
for building permits. Said doors shall be installed and
maintained as shown on submitted plans.
14. That all lockable pedestrian or vehicular access gates
shall be equipped with a "knox box" device, as required by
the Fire and/or Police Department.
1S. That trash storage areas shall be provided and maintained
in a location acceptable to the Street Maintenance and
Sanitation Division and in accordance with approved plans
on file with said Division. Such information shall be
specifically shown on the plans submitted for building
permits.
16. That all air conditioning facilities and other roof and
ground mounted equipment shall be properly shielded from
view, and the sound buffered from adjacent residential
properties. Such information shall be specifically shown
on the plans submitted for building permits.
-5- CUP 5501
17. That prior to issuance of a building permit, the
appropriate major thoroughfare and bridge fee shall be paid
to the City of Anaheim in an amount as specified in the
Major Thoroughfare and Bridge Fee Program for the
Foothill/Eastern Transportation Corridor, as established by
City Council resolution.
18. That this Conditional Use Permit is granted subject to City
Council approval of the proposed distance from the dwelling
units and the existing oil wells, as required by Anaheim
Municipal Code Section 17.12.070.010 "Location of Oil
Wells".
19. That this Conditional Use Permit is granted subject to the
adoption of a zoning ordinance in connection with
Reclassification No. 89-90-8, now pending.
20. That grading and drainage of subject property shall conform
to the City of Anaheim grading ordinances. Prior to
issuance of a grading permit, a drainage report, to the
satisfaction of the City Engineer, shall be submitted to
the Subdivision Section. The City Engineer may require
off-site drainage improvements based on review of the
drainage report.
21. That sidewalks shall be repaired along Garland Circle as
required by the City Engineer and in accordance with
standard plans and specifications on file in the Office of
the City Engineer.
22. That the legal property owner/developer shall provide and
instail underground conduits, substructures and related
material in accordance with City of Anaheim Electrical
Engineering Drawings and in accordance with the City of
Anaheim Rules, Rates, and Regulations for underground line
extensions.
25. That the development authorized by this resolution shall
conform to Chapter 17.28 "Flood Hazard Reduction" and
Section 18.90.080 "Required Procedures and Development
Procedures of Chapter 18.90 "Flood Plain Overlay Zone" of
the Anaheim Municipal Code.
24. That subject property shall be developed substantially in
accordance with plans and specifications submitted to the
City of Anaheim by the petitioner and which plans are on
file with the Planning Department marked Exhibit Nos. 1
through 4.
That a stop sign shall be installed, at the developers
expense, where the proposed private street intersects
Garland Circle.
-6- CUP 3501
26. That construction traffic shall be limited to Orchard Drive
and Lakeview Avenue and shall be prohibited on Garland
Circle.
27. That speed humps shall be installed in the private streets
in accordance with Engineering Standard No. 141 to restrict
traffic speed, said speed humps shall remain for a minimum
six (6) month trial period commencing with the occupancy of
the first dwelling to determine whether said humps are
necessary and will effectively restrict the speed of
vehicles in this project. Any extension of the period
during which said humps shall remain shall be subject to
approval by the City Council as an amendment to this
condition.
28. That the actual boundaries of the Flood Plan Overlay (EP)
Zone shall be determined by the Chief Building Official,
thereby also determining how many dwellings (from 2 to 6)
are located in said (FP) Zone.
29. That the developer shall be responsible for any direct
costs associated with the monitoring and/or reporting
required as set forth by Section 21081.6 of the Public
Resources Code to ensure implementation of those mitigation
measures identified in the mitigated Negative Declaration
that have been incorporated as conditions of approval for
subject property. A copy of the Mitigation Monitoring
Program, as modified by the Planning Commission, is
attached to this resolution and labeled Exhibit "A".
30. 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, 2, 4, 5, 7, 11,
13, 15 through 20, 23 and 28, 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.
31. That prior to final building and zoning inspections,
Condition Nos. 2, 3, 6, 8, 9, 12, 14, 21, 22, 24, 25, 27
and 29, above-mentioned, shall be complied with.
32. 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
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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 21st day of August,
1990.
~j~A~OR OF THEZCITY/~F ANAHEIM
CITY CLERK OF T[~ ~ITY OF ANAHEIM
JLW:kh
3871L
082390
CUP 3301
STATE OF CALIFO~IA )
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. 90R-330 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 21st day of August, 1990, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter
NOES: COUNCIL M~BERS: Ka~ood
ABSENT: COUNCIL MEMBERS: None
AHD I ~RTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 90R-330 on the 28th day of August, 1990.
IN WITNESS MEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 28th day of August, 1990.
CITY CLE~ OF THE CITY OF ANAHEIM
( SEAL )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 90R-330, duly passed and
adopted by the Anaheim City Council on August 21, 1990.
CITY CLERK OF THE CITY OF ANAHEIM