90-131 RESOLUTION NO. 90R-131
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 3214. (REHEARING)
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 JAFAR JAHJANPANAH, 520 N. Rexford Drive, Beverly Hills, CA
90210, owner, and RONALD J. CROWLEY, 1700 Raintree Rd., Fullerton,
CA 92635, agent, to permit a 2-story, 2S-unit, RM-2400
condominium complex upon certain real property located within the
City of Anaheim, County of Orange, State of California, legally
described as:
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 RANCHO LAS BOLSAS, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOK 1, PAGE 33 OF MISCELLANEOUS MAPS,
IN THB OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 7;
THENCE NORTH 0 DBG. 40' 20" EAST 669.60 EEET ALONG THE
WEST LINE OF SAID LOT TO THE NORTHWEST CORNER THEREOF;
THENCE SOUTH 89 DBG. 43' S0" 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 ?;
THENCE NORTH 89 DEG. Sl' 10" WEST 340.40 FEET ALONG
SAID SOUTH LINE TO THE POINT OF BEGINNING.
EXCEPT THE WEST 1S0.00 FEET THEREOF.
ALSO EXCEPT THE NORTH 300.00 FEET THEREOF.
ALSO EXCEPT THEREEROM AN UNDIVIDED 4/$ths INTEREST IN
THE SOUTH S0.00 PEET OF THE EAST 1Z.S FEET OF SAID
LAND; 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. PC89-297 denying
Conditional Use Permit No. 3214; and
CUP 3214
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, the City Council heretofore adopted its
Resolution No. 90R-SS denying Conditional Use Permit No. 3214; and
WHEREAS, within the time permitted by law, a request
for rehearing was received by the City Council pursuant to the
provisions of Section 1.12.100 of the Anaheim Municipal Code; and
WHEREAS, the City Council heretofore granted said
request for rehearing and, pursuant thereto, did conduct a duly
noticed rehearing on March 27, 1990, which reheating was
subsequently continued to April 17, 1990, and continued again to
April 24, 1990, relating to said Conditional Use Permit No. 3214,
and did receive and consider evidence, both oral and documentary,
relating thereto; 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.
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
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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, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 3214 be, and the same is hereby,
granted permitting a 2-story, 23-unit, RM-2400 condominium
complex 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.
and 18.32.062.013 (permitted: 1 story within 50
feet of RS-10,000 zoning to the
west, and building height which
is maximum 50% of setback
distance; proposed: 2-stories at
10 feet, and building height [18
feet) which is 180% of setback
distance (10 feet~
SECTION 18.32.063.011 Minimum building setback.
(Z0 feet required along Katella
Avenue; 10 and 20 feet proposed)
SECTION 18.32.080.020 Minimum recreational/leisure area.
(750 sq. ft. per dwelling unit
required; 465 sq. ft. per
dwelling unit proposed)
subject to the following conditions:
1. 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.
2. That sidewalks, curbs and gutters shall be installed along
Katella Avenue as required by the City Engineer and in
accordance with standard plans and specifications on file
in the Office of the City Engineer.
$. That all private streets shall be developed in accordance
with the Engineering Department's Standard Detail No. 122
for private streets, including installation of street name
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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. (Private
streets are those which provide primary access and/or
circulation within the project.)
4. That all engineering requirements of the City of Anaheim
~. along the private streets, including preparation of
improvement plans and installation of all improvements such
as curbs and gutters, sidewalks, water facilities, street
grading and pavement, sewer and drainage facilities, or
other appurtenant work shall be complied with as required
by the City Engineer and in accordance with specifications
on file in the Office of the City Engineer; or that
security in the form of a bond, certificate of deposit,
letter of credit, or cash, in an amount and [orm
satisfactory to the City of Anaheim, shall be posted with
the City to guarantee the satisfactory completion of said
improvements. Said security shall be posted with the City
~ prior to issuance of a building permit, to guarantee the
installation of the above-required improvements prior to
occupancy.
5. That grading and drainage of subject property shall conform
to Chapter 17.04 "Grading, Excavations, Fills and Water
Courses" of the Anaheim Municipal Code.
6. That prior to issuance of a building permit, the
appropriate fees due for primary mains and fire protection
service shall be paid to the Water Utility Division in
accordance with Rules 15A and 20 of the Water Utility
Rates, Rules and Regulations.
7. That, as required by the Water Utility Division, the
existing six (6) and twelve (12) inch water mains shall be
~ tied together to provide water service to subject property
in a manner satisfactory to the Water Utility Division.
8. That subject property shall be served by underground
utilities.
9. That prior to commencement of structural framing, on and
off-site fire hydrants shall be installed and charged as
required and approved by the City Fire Department. An
all-weather, road as approved by the Fire Department, must
be provided to the hydrant at all times.
10. That fire sprinklers (other than 13-R System) shall be
installed as required by the City Fire Department
~'~ (including in the attic areas).
11. That an adequate, unobstructed fire truck turn-around area,
as required by and acceptable to the City Fire Department,
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shall be shown on plans submitted for building permits.
Said turn-around area shall be permanently marked and
maintained to the satisfaction of the City Fire Department.
12. 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.
13. 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.
14. That plans submitted for building permits shall show all
open parking spaces having minimum dimensions of eight and
one-half (8.S) by eighteen (18) feet.
15. 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.
Installation of any gates shall conform to the Engineering
Department's 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.
16. 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.
17. That the driveway on Katella Avenue shall be constructed
with twenty-five (25) foot radius curb returns as required
by the City Engineer in conformance with Engineering
Department Standard No. 137.
18. That, if required by the Fire and/or Police Department, all
lockable pedestrian and vehicular access gates shall be
equipped with a "knox box" device to the satisfaction of
the City Fire and/or Police Department.
19. 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 specifically be shown
on the plans submitted for building permits.
20. That prior to issuance of a building permit, satisfactory
evidence shall be presented to the Building Division
showing that the proposed project is in conformance with
Council Policy Number 542 "Sound Attenuation in Residential
Projects" and with Noise Insulation Standards specified in
the California Administrative Code, Title 25.
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Z1. That a six (6)-foot high masonry block wall shall be
constructed and maintained along the north, east and west
~roperty lines excepting the front setback where the wall
eight shall not exceed three (3) feet; provided, however,
that the City Traffic Engineer shall have the authority to
reduce the height of the wall to protect visual
lines-or-sight where pedestrian/vehicular circulation
intersect. Said block wall shall, and any other block
walls visible to the public right-of-way, shall be planted
and maintained with clinging vines to eliminate graffiti
opportunities.
22. That washer and dryer hookups shall be incorporated into
each condominium dwelling unit and shall be shown on the
plans submitted for building permits.
That minimum fifteen (1S)-gallon trees planted on minimum
ten (10)-foot centers, with appropriate irrigation
facilities, shall be installed and maintained along the
north property line.
24. That the on-site landscaping and irrigation system shall be
maintained in compliance with City standards.
25. That this Conditional Use Permit is granted subject to the
adoption of the Zoning Ordinance in connection with
Reclassification No. 89-90-23, now pending.
26. That prior to issuance of a building permit, a landscape
plan for the front ten (10) foot wide setback along Katella
Avenue shall be submitted to the Planning Department for
review and approval. Said plan shall include the following:
Specific species o£ plants (and whether they are
trees, shrubs or ground cover),
The number of plants,
- The spacing between plants,
The size at time of planting,
- The size at maturity and the age at maturity,
- Whether there is to be any earthen herming, and
- The specific material and color of the block walls
enclosing the enclosed recreation areas/patios in the
from 20-foot setback.
The decision of the Planning Department may be appealed to
the City Council.
27. 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 Revision no. 3 of
Exhibit No. 1, Revision No. 1 of Exhibit No. 2, and
Revision No. 5 of Exhibit No. 3; provided, however, that:
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(a) A minimum of eighty-one (81) parking spaces shall be
provided in compliance with Code, and said spaces
shall comply with the minimum dimensions as may be
approved by the City Traffic Engineer; and
(b) There shall be at least two (2) balconies for each
unit (having areas of fifty (S0) and sixty (60)
sq. ft.) and having minimum dimensions of five (5) feet
in accordance with Section 18.32.065.035 of the Zoning
Code.
28. 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.l, 5, 4, 6, 11, 12,
15, 14, 15, 16, 19, 20, 21, 22, 25, and 26, above-
mentioned, shall be complied with. Extensions for further
time to complete said conditions may be granted in
accordance with Section 18.05.090 of the Anaheim Municipal
Code.
29. That prior to final building and zoning inspections,
Condition Nos. 2, 3, 4, 5, 7, 8, 10, 12, 17, 18, 21, 25 and
Z7, above-mentioned, shall be complied with.
50. 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 POREGOING RESOLUTION is approved and adopted by
the City Council of the City of Anaheim this 24th day of April,
1990.
CITY CLERK"~F THE CITY OF ANAHEIM
JLW:kh/3661L
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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. 90R-131 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 April, 1990, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Ehrle, Pickler and Hunter
NOES: COUNCIL MEMBERS: Daly and Kaywood
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 90R-131 on the 7th day of May, 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 7th day of May, 1990.
CITY CLERK 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-131, duly passed and
adopted by the Anaheim City Council on April 24, 1990.
CITY CLERK OF THE CITY OF ANAHEIM