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92-005 RESOLUTION NO. 92R-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3461. 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 9-unit "affordable" condominium complex upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THE SOUTH 170 FEET OF THE EAST ONE-HALF OF THE WEST ONE-HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, IN TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51, PAGE 7, ET SEQ., MISCELLANEOUS MAPS, RECORDS OF BOOK 51, PAGE 7, ET SEQ., MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY EXCEPT THE WESTERLY 152.5 FEET; 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. PC91-188 granting Conditional Use Permit No. 3461; 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 consideration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: CUP #3461 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 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. AND WHEREAS, the City Council does further find: 1. That the developer of said housing development has agreed to construct at least (1) 20 percent of the total units of said housing development for lower income households, as defined in Section 50079.5 of the Health and Safety Code, or (2) 10 percent of the total units of said housing development for very low income households, as defined in Section 50105 of the Health and Safety Code, or (3) 50 percent of the total dwelling units of said housing development for qualifying residents, as defined in Section 51.2 of the civil Code; and 2. For the aforesaid reasons, Section 65915 of the Government Code authorizes the City to grant the density bonus and other concessions (waivers of code requirements) hereinafter set - 2 - CUP #3461 forth in this resolution upon such terms and conditions as expressly set forth hereinafter. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 3461 be, and the same is hereby, granted permitting a 9-unit "affordable" condominium complex on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: SECTION 18.32.061.010 - Minimum site area per dwelling unit. (2,400 sq. ft. per dwelling unit required; 2.340 sq. ft. proposed) SECTIONS 18.32.062,011 Maximum structural height. 18.04.043.101 (2 stories permitted, 3 stories proposed; and 18.32.064.070 6-foot hiqh masonry block wall permitted along and 18.32.068 north property line, 8-foot high block wall proposed) SECTION 18.32.063.011 Minimum front yard setback. (20 feet required; none proposed between Ball Road and a 6-foot high block wall) 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 sidewalks shall be installed along Ball Road as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer. 3. That a tract map to record the division of subject property shall be submitted to and approved by the City of Anaheim and shall then be recorded in the Office of the Orange County Recorder. 4. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the latest revision of Engineering Standard Plan No. 601 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. - 3 - CUP #3461 5. That the driveway on Ball Road shall be constructed with ten (10) foot radius curb returns as required by the city Engineer in conformance with Engineering Standards. 6. That an on-site trash truck turn-around area shall be provided and maintained to the satisfaction of the Department of Maintenance. Said turn-around area shall be specifically shown on plans submitted for building permits. 7. That subject property shall be served by underground utilities. 8. That prior to commencement of structural framing, on-site fire hydrants shall be installed and charged as required and approved by the Fire Department. An all-weather road shall be provided to the hydrants at all times, as required by the Fire Department. 9. That fire sprinklers shall be installed as required by the Fire Department. Each unit shall be served by a separate riser. 10. That trash storage areas shall be provided and maintained in a location acceptable to the Department of Maintenance and in accordance with approved plans on file with said Department. Such information shall be specifically shown on the plans submitted for building permits. 11. That a Plan Sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Department of Maintenance for review and approval. 12. That the purchaser of each dwelling unit shall be provided with written information concerning Anaheim Municipal Code Section 14.32.500 "Parking Restricted to Facilitate Street Sweeping." Such written information shall clearly indicate when on-street parking is prohibited and the penalty for violation. 13. 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 (a) underground vaults or (b) behind the street setback area in a manner fully screened from all public streets. 14. That gates shall not be installed across any driveway 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. 609 and shall be subject to the review and approval of the City Traffic and Transportation Manager prior to issuance of a building permit. - 4 - cUP #3461 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. 16. That no more than twenty five percent (25%) of the total number of required parking stalls shall be tandem. 17. That both spaces in each pair of tandem parking spaces shall be assigned to the same dwelling unit. 18. That all lockable pedestrian and/or vehicular access gates shall be equipped with "knox box" devices as required and approved by the Fire 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 be specifically shown on the plans submitted for building permits. 20. That plans shall be submitted to the Building Division showing compliance with the minimum standards of the city of Anaheim, including the Uniform Building, Plumbing, Electrical, Housing, Mechanical and Fire Codes as adopted by the city of Anaheim. The appropriate permits shall be obtained for any necessary work. 21. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials; and, further, such information shall be specifically shown on the plans submitted for building permits. 22. That masonry block walls shall be constructed and maintained along the north, east and west property lines, as follows: (a) Along the north ~roDerty line - A masonry block wall measuring at least six (6) feet high on the south side (subject property) and at least eight (8) feet high on the north side (adjacent single family residential lots) shall be constructed and maintained. Prior to issuance of any permit for any grading or construction on subject property, the petitioner or his representative shall contact all the adjacent single family residential property owners and obtain their concurrence for construction of said block wall (which will measure at least eight feet high on the neighbors' side), with the exception of Mrs. Okubo's lot (permission for said wall was given at the November 18, 1991 Planning Commission public hearing). If any neighboring - 5 - CUP #3461 property owner specifically objects to construction of said block wall (as herein described) along his/her property line, the petitioner shall provide written evidence of that specific property owner(s)' objection to the Zoning Division for inclusion in the conditional use permit (No. 3461) file. In the event of such objection, the block wall along that portion of the north property line may be reduced to the height selected by said neighboring property owner. Plans submitted for building permits shall specifically show the height(s) of the new masonry block wall along the entire north property line and shall also identify the adjoining lots by Lot and Tract numbers or by property owner names. (b) Alonq the east and west property lines Six (6) foot high masonry block walls shall be constructed and maintained; provided, however, that the City Traffic and Transportation Manager shall have the authority to reduce the height of the wall to protect visual lines-of-sight where pedestrian and/or vehicular circulation intersect. 23. That lighting fixtures in any proposed parking area located adjacent to any residential property shall be down-lighted with a maximum height of twelve (12) feet. Said lighting fixtures shall be directed away from adjacent residential property lines to protect the residential integrity of the area and shall be so-specified on the plans submitted for building permits. 24. That clothes washer and dryer hookups shall be installed in each condominium dwelling unit and shall be shown on the plans submitted for building permits. 25, That the proposal shall comply with all signing requirements of the RM-2400 "Residential, Multiple Family" Zone unless a variance allowing sign waivers is approved by the City Council, Planning Commission or Zoning Administrator. 26. That a landscape and irrigation plan for subject property shall be submitted to the Zoning Division for review and approval. Any decision made by the Zoning Division regarding said plan may be appealed to the Planning Commission and/or city Council. 27. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. 28. 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 cup #3461 Council Policy Number 542 "Sound Attenuation in Residential Projects" and with Noise Insulation Standards specified in the California Administrative Code, Title 25. 29. 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. 30. That this Conditional Use Permit is granted subject to adoption of a zoning ordinance in connection with Reclassification No. 91-92-6, now pending. 31. 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 3. 32. That prior to issuance of any permit for any grading or construction on subject property, whichever occurs first, Condition No. 22(a), above-mentioned, shall be complied with. 33. 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, 3, 4, 6, 10, 11, 14, 15, 16, 19, 20, 21, 22(a), 23, 24, 26, 28 and 30, 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. 34. That prior to final building and zoning inspections, Condition Nos. 2, 4, 5, 7, 9, 13, 18, 22(a), 22(b) and ~ 31, above-mentioned, shall be complied with. 35. 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. 7 CUP #3461 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the city of Anaheim this 7th day of January, 1992. CITY CLERK OF THE CITY OF ANAHEIM JLW:dnl R34C3461.12 010992 8 CUP #3461 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF ANAHEIM ) I, LEONORA N. $OHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 92R-5 was introduced and adopted at a regular meeting provided by law, of the Anaheim city Council held on the 7th day of January, 1992, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Pickler, Daly and Hunter NOES: COUNCIL MEMBERS: None AESENT: COUNCIL MEMBERS: Simpson AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 92R-5 on the 8th day of January, 1992. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 8th day of January, 1992. 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. 92R-5 duly passed and adopted by the City Council of the City of Anaheim on January 7, 1992. CITY CLERK OF THE CITY OF ANAHEIM