Loading...
91-031 RESOLUTION NO. qlR-3i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3370. WHEREAS, the city Planning Commission of the City of Anaheim did receive an application for a conditional use permit to permit a 26-unit Deck-Type Housing apartment complex upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF ANAHEIM, DESCRIBED AS FOLLOWS: LOT 16 OF TRACT NO. 796, AS SHOWN ON A MAP RECORDED IN BOOK 24, PAGE 28 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; 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 failed to act upon said application due to a tie vote; and WHEREAS, thereafter, within the time prescribed by law, a public hearing was scheduled before the City Council on said application; 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, O3P ~3370 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. NOW, THEREFORE, BE IT RESOLVED by the city Council of the City of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 3370 be, and the same is hereby, granted permitting a 26-unit Deck-Type Housing apartment complex on the hereinabove described real property, subject to the following conditions: 1. That the existing street improvements along Webster Avenue shall be removed and full street improvements constructed at the ultimate location. Prior to issuance of a building permit, street improvement plans shall be submitted to the Subdivision Section and a performance bond 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. 2. That the legal owner of subject property shall irrevocably offer to dedicate to the City of Anaheim an easement 32 feet in width from the centerline of the street along Webster Avenue for street widening purposes. 3. 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. 4. That plans shall be submitted to and approved by the city Traffic Engineer indicating how the vehicular security gates and turn-around area will function. 5. 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, 601 and 604 pertaining to parking standards. Subject property shall thereupon be developed and maintained in conformance with said plans. 6. That the driveway on Webster Avenue shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standards. 7. That guest parking shall be clearly marked for guest parking only and shall be readily accessible to motorists from contiguous streets. - 2 - CUP ~3370 8. That a fee for street lighting purposes shall be paid to the City of Anaheim based on the length of street frontage along Webster Avenue in an amount as established by City Council resolution. 9. That subject property shall be served by underground utilities. 10. That the legal owner of subject property shall dedicate to the city of Anaheim an easement five (5) feet in width along the east property line for public utility purposes. 11. That the legal owner of subject property shall maintain a 12 foot separation between any portion of the building and high voltage power lines that are adjacent to or across subject property. Any equipment used in the construction and maintenance of facilities located on subject property shall not be operated within 10 feet of overhead high voltage power lines. 12. That prior to issuance of a building permit, the appropriate fees due for primary mains, shall be paid to the Water Engineering Division in accordance with Rules 15A and 20 of the Water Utility Rates, Rules and Regulations. 13. That all lockable pedestrian and/or vehicular access gate shall be equipped with "knox box" devices as required and approved by the Fire Department. 14. That fire sprinklers shall be installed as required by the Fire Department. 15. 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 the renter 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. 17. That the curbing adjacent to subject property shall be painted red to facilitate on-street trash pick-up. 18. 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 outside of the street setback area in a manner fully screened from all public streets. - 3 - CUP #3370 19. That prior to issuance of a building permit, appropriate park and recreation in-lieu fees shall be paid to the city of Anaheim in an amount as established by City Council resolution. 20. 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. 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. (a) That a six (6) foot high masonry block wall shall be constructed and maintained along the north and south property lines excepting the front setback where the wall height 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-of-sight where pedestrian/vehicular circulation intersects. Said block wall shall be planted and maintained with clinging vines to eliminate graffiti opportunities. (b) That an eight (8) foot high block wall, as measured from the highest adjacent grade, shall be constructed and maintained along the east property line. 23. That the on-site landscaping and irrigation system shall be maintained in compliance with city standards. 24. That prior to issuance of a building permit, the legal property owner shall prepare and record an unsubordinated covenant limiting occupancy of each apartment unit to no more than two (2) persons (other than children under the age of two (2) years) per bedroom. Said limitation shall be included in each lease/rental agreement. A copy of the covenant shall be submitted to and approved by the City Attorney prior to recordation with the office of the Orange County Recorder. A copy of the recorded covenant shall be furnished to the Zoning Division. 25. That an unsubordinated covenant shall be recorded with the office of the Orange County Recorder agreeing to provide the renter of each dwelling unit with written information obtained from the School District(s) pertaining to possible overcrowded conditions and busing status of the school(s) serving the dwelling unit. A copy of the covenant shall be submitted to and approved - 4 - C~JP #3370 by the City Attorney prior to recordation. A copy of the recorded covenant shall be submitted to the Zoning Division. 26. That a lot line adjustment plat shall be submitted to the Subdivision Section and approved by the City Engineer and then recorded in the Office of the Orange County Recorder to combine the two (2) existing lots. 27. That this Conditional Use Permit is granted subject to the adoption of a zoning ordinance in connection with Reclassification No. 63-63-62, now pending. 28. 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. 1 of Exhibit Nos. 1 through 8. 29. 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, 2, 3, 4, 5, 8, 10, 12, 15, 19, 20, 21, 24, 25, 26, and 27. 30. That prior to final building and zoning inspections, Condition Nos. 6, 7, 9, 11, 13, 14, 17, 18, 22, and 28, above-mentioned, shall be complied with. 31. 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. - 5 - CUP #3370 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 5th day of February, 1991. MAY~R OF THE CITY ~ANAHEIM - ATTEST: ~.CITY CLERK OF THE OF ANAHEIM JLW:dnl/R34CUP3370.113/021291 - 6 - CUP $3370 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF ANAHEIM ) I, LEONORAN. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 91R-31 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 5th day of February, 1991, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution NO. 91R-31 on the 15th day of February, 1991. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 15th day of February, 1991. ~' CITY CLERK OF THE 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. 91R-31, duly passed and adopted by the City Council of the City of Anaheim on February 5, 1991. ~,CITY CLERK OF THE CITY OF