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90-313 RESOLUTION NO.90R-313 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3299. 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 a Z-story, 40-unit (previously approved for 24 units) condominium complex on the entire 2.21-acre property upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: ALL THAT REAL PROPERTY BEING THE SOUTHERLY 25S.87 FEET OF THE EASTERLY 100.00 FEET OF THAT PORTION OF LOT 7 IN BLOCK 17 OF A SUBDIVISION OF THE SOUTH HALF OF SECTION 21, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN", AS SHOWN ON A MAP RECORDED IN BOOK 1, PAGE 33, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT &, SOUTH 89° 51' 10" EAST 340.40 FEET FROM THE SOUTHWEST CORNER THEREOF, SAID POINT BEING THE SOUTHEAST CORNER OF THE LAND CONVEYED TO WILLIAM L. FARROW AND WIFE, BY DEED RECORDED FEBRUARY 2?, 1948 IN BOOK 1620, PAGE 49?, OFFICIAL RECORDS; THENCE NORTH 0° 33' 10" EAST ALONG THE EAST LINE OF SAID LAND CONVEYED TO WILLIAM L. FARROW AND WIFE, 368.8? FEET; THENCE SOUTH 89° 33' 10" WEST 368.87 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT; THENCE NORTH 89° 51' 10" WEST ALONG SAID SOUTH LINE, 120 FEET TO THE POINT OF BEGINNING. EXCEPTING THERE FROM THE SOUTH 60.00 FEET INCLUDED WITHIN KATELLA AVENUE. A PORTION OF LOT ? IN BLOCK 17 OF A SUBDIVISION OF THE SOUTH HALF OF SECTION 21, IN TOWNSHIP 4 SOUTH RANGE 10 WEST, IN THE CITY OF ANAHEIM, IN THE RANCHO LAS BOLSAS, RECORDED IN BOOK 51, PAGE ? AND FOLLOWING, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 1, PAGE 33; MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 7; THENCE NORTH 0 DEG. 40' 20" EAST 669.60 FEET ALONG THE WEST LINE OF SAID LOT TO THE NORTHWEST CORNER THEREOF; THENCE SOUTH 89 DEG. 43' 50" EAST 339.00 FEET ALONG THE NORTH LINE OF SAID LOT; THENCE SOUTH 0 DEG. 33' 10" WEST 668,8? FEET TO THE SOUTH LINE OF SAID LOT ?; CUP 3299 THENCE NORTH 89 DEG. 51' 10" WEST 340.40 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING, EXCEPT THE WEST 150.00 FEET THEREOF. ALSO EXCEPT THE NORTH 300.00 FEET THEREOF; and WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City o£ 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. PC90-164 denying Conditional Use Permit No. 3299; 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. 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. -2- CUP 3299 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. NOW, THEREPORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 5299 be, and the same is hereby, granted permitting a 2-story, 40-unit (previously approved for 24 units) condominium complex on the entire 2.21-acre property on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: Sections 18.32.062.012 Maximum structural height within 150 and 18.32.062.013 feet of single-family residential zone.W-story permitted; 2 s~ 18---~- oot~[[i-~i-building proposed 10 feet from RS-10,000 zoning to t~ west) (B) Sections 18.52.050.04S Maximum recreational/leisure and 18.32.080.020 area. [?SO sq.ft. per unit required; 480 sq.ft. per unit proposed) (C) Section 18.52.065.028 Required landscaped buffer adjacent to single-family residential zone. (20 feet required; 2 and S f~-~ proposed along north RS-7200 and west RS-10,000 boundaries) (D) Section 18.52.063.022 Minimum distance between buildings. (30 feet required between building walls with windows; 20 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 -3- CUP 3299 the City of Anaheim in an amount as established by City Council resolution. 2. That prior to final tract map approval, the appropriate sewer assessment fee shall be paid to the City of Anaheim in an amount as established by City Council Resolution. 3. That gates shall not be installed across the driveway or private street in a manner which may adversely affect vehicular traffic in the adjacent public street(s). 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. 4. That plans shall be submitted to the City Traffic Engineer for his review and approval showing conformance with the latest revision of Engineering Standard Plan Nos. 436 and 601 pertaining to parking standards. Subject property shall thereupon be developed and maintained in conformance ~ with said plans. That the driveway on Katella Avenue shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standards. 6. That guest parking shall be clearly marked "guest parking only" and shall be readily accessible to motorists from contiguous streets and accessways. 7. That prior to final map approval, street names for any new public or private street shall be submitted to and approved by the Planning Department. 8. 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 been installed. 9. That all streets fronted by condominium units and the north-south street shall be developed as private streets. Further, 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 Detail, shall be submitted to the Building Division for approval and shall be included with the building plans prior to the issuance of building permits. (Private streets are those which provide primary access and/or ~ circulation within the project.) 10. That full street improvements including removal and replacement of AC pavement shall be constructed along Katella Avenue at the ultimate location. Prior to issuance of a building permit, street improvement plans shall be -4- CUP 3299 submitted to the Subdivision Section and a performance bonds in an amount approved by the City Engineer and form approved by the City Attorney shall be posted with the City of Anaheim. The improvements shall be constructed prior to final building and zoning inspections. 11. That prior to final tract map approval, the original documents of the covenants, conditions, and restrictions (CC~R's), and a letter addressed to the developer's title company authorizing recordation thereof, shall be approved by the City Attorney's Office and Public Works Engineering Department. Said documents, as approved, shall be filed and recorded in the Office of the Orange County Recorder. 12. That should this subdivision be developed as more than one subdivision, each subdivision thereof shall be submitted in tentative form for approval. 13. That street lighting facilities along Katella Avenue shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of the Utilities General Manager; 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 the above-mentioned improvements. Said security shall be posted with the City of Anaheim prior to issuance of a building permit. The above-required improvements shall be installed prior to occupancy. 14. That prior to issuance of a building permit, specific landscape plans for the five (5) foot wide planter along the north property line shall be submitted to the Planning Department for review and approval. Said plans shall include specimen-sized broad-headed trees planted on maximum twenty (20) foot centers or less (depending on the species) to guarantee an effective visual screen between subject property and the adjacent RS-7200 zoned property to the north. The requirement for trees may be modified by the Planning Department if overhead utility lines are present. Appropriate irrigation facilities and a "root barrier" (because of the narrow width of the landscape planter) shall be included. Said landscaping, irrigation facilities and "root barrier" shall be maintained. 15. That prior to rendering of water service and signature approval of the water system improvement plans by the Water Engineering Manager, the appropriate fees due for primary maxns, fire protection service shall be paid to the Water Engineering Division in accordance with Rules 15A and 20 of the Water Utility Rates, Rules and Regulations. -5- CUP 3299 16. That a private water system with separate water service for fire protection and domestic water shall be provided. 17. That the water backflow equipment and any other large water system equipment shall be installed to the satisfaction of the Water Utility Division in either underground vaults or behind the street setback area in a manner fully screened from all public streets and alleys. 18. That prior to commencement of structural framing, fire hydrants shall be installed and charged as required and approved by the Fire Department. 19. That fire sprinklers shall be installed as required by the Fire Department. 20. That an adequate, unobstructed fire truck turn-around area as required and approved by the Fire Department shall be specifically shown on plans submitted for building permits. Said turn-around area shall be permanently marked and maintained to the satisfaction of said Department. 21. That a six (6)-foot high masonry block wall shall be constructed and maintained along the north property line(s). 22. That this Conditional Use Permit is granted subject to the adoption of a zoning ordinance in connection with Reclassification No. 90-91-01, now pending. 23. 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. 24. 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, 4, 9, 10, 13, 14, 20 and 22, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 o£ the Anaheim Municipal Code. 25. That prior to final building and zoning inspections, Condition Nos. 5, 6, 8, 9, 13, 14, 16, 17, 19, 21 and 23, above-mentioned, shall be complied with. 26. That prior to final tract map approval, Condition Nos. 2, 7 and 11, above-mentioned, shall be complied with. 27. 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 -6- CUP 3299 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 14th day of August, 1990. ATTEST~ CITY OF ANAHEIM JLW:kh 3875L 082490 -7- CUP 5299 STATE OF CALIFO~IA ) COUNTY OF ORANGE ) ss, CI~ OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 90R-313 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 14th day of August, 1990, by the following vote of the members ~ereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter NOES: COUNCIL MEMBERS: Ka~ood ABSENT: COUNCIL MEMBERS: None AND I ~RTHER certify that ~e Mayor of the City of An~eim signed said Resolution No. 90R-313 on the 27th day of August, 1990. IN WITNESS HEREOF, I have hereunto set my hand and affixed the seal of the City of An~eim this 27th day of August, 1990. CITY CLE~ OF T~E CITY OF AN~EIM ( 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-313, duly passed and adopted by the Anaheim City Council on August 14, 1990. CITY CLERK OF THE CITY OF ANAHEIM