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91-311 RESOLUTION NO. 91R-311 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3463. 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 108-unit, 3-story condominium complex upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL A: PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 107, PAGES 36 AND 37 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL B: THE SOUTH 400.00 FEET OF THE NORTH 436.00 FEET OF LOT 2 IN BLOCK A OF TRACT NO. 13, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 9, PAGE 12 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL C: LOT 2 IN BLOCK A OF TRACT NO. 13, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 9, PAGE 12 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE NORTH 436.00 FEET THEREOF. PARCEL D: THE WEST 97.0 FEET OF THE EAST 204.00 FEET OF THE SOUTH 320.00 FEET OF LOT 1 IN BLOCK A OF TRACT NO. 13, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 12 OF MISCELI2~NEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; 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. PC91-159 granting, in part, Conditional Use Permit No. 3463; and CUP #3463 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: 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. - 2 - CUP #3463 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 3463 be, and the same is hereby, granted permitting a 108-unit, 3-story condominium complex on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: SECTIONS 18.32.050.045 - Minimum landscaped setback. and 18.32.063.028 (Required: 20 feet fully landscaped adjacent to single- family residential zoning; Proposed: 16 to 20 feet from south property line [RS-7,200] SECTIONS 18.32.050.045 - Maximum structural height. and 18.32.062.011 (2 stories permitted; 3 stories proposed) SECTIONS 18.04.043.101 - Maximum fence height. 18.32.050.045 (6 foot high fence permitted and 18.32.064.070 along interior property lines; 8 foot high wall consisting of 6 foot high block wall topped with 2 foot wood trellis proposed along south property line [RS-7,200 zoning] 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 plans shall be submitted to and approved by the city Traffic and Transportation Manager showing how the vehicular security gates and vehicle turn-around area will function. 3. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the latest revisions of Engineering Standard Plan Nos. 402, 436 and 601 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 4. 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. 5. That a thirty thousand dollar ($30,000) contribution shall be paid to the City of Anaheim to fund improvements (loop detectors) to the intersection of Brookhurst Street and La - 3 - CUP #3463 Palma Avenue. Such contribution shall be subject to adjustment in accordance with the Engineering News Record- Construction Cost Index for the Los Angeles area. 6. 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. Specific provision shall be made for homeowners' maintenance of the lattice extension of the southerly block wall and shall be included in the Conditions, Covenants and Restrictions (CC&Rs) that shall be recorded concurrently with the tract map. 7. 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. 8. That fire sprinklers shall be installed as required by the Fire Department. Each dwelling unit shall be provided with an individual and separate sprinkler riser. 9. That subject property shall be served by underground utilities. 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. Storage areas shall be provided out of the public view for two (2) automated barrels per unit. 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 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. 13. 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. 14. That all necessary National Pollution Discharge and Elimination System (NPDES) permits shall be obtained, as required by the Department of Maintenance. - 4 - CUP #3463 15. That all private streets (i.e. the loop road) shall be developed in accordance with Engineering Standard Detail No. 122 except that sidewalks on only one (1) side of the street shall be permitted and rolled curbs may be used. 16. That prior to any final building and zoning inspection, all temporary street name signs for any new private street shall be installed if permanent street name signs have not yet been installed. 17. That gates shall not be installed across any 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 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. 18. That no required parking area shall be fenced or otherwise enclosed for outdoor storage or other non-parking uses. 19. 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. 20. That all lockable pedestrian and/or vehicular access gates shall be equipped with "knox box" devices as required and approved by the Fire Department. 21. 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. 22. 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. 23. 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. 24. That, except as otherwise approved herein, a six (6) foot high masonry block wall shall be constructed and maintained along the interior property lines excepting the front setback where - 5 - CUP #3463 the wall height shall not exceed three (3) feet; 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. Said block wall shall be planted and maintained with clinging vines to eliminate graffiti opportunities. 25. 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. 26. That clothes washer and dryer hookups shall be provided in each condominium dwelling unit and shall be shown on the plans submitted for building permits. 27. That a landscape and irrigation plan for subject property shall be submitted to the Zoning Division for review and approval. said plan shall include twenty (20) foot landscaped buffers along the adjacent single family zones, except as otherwise approved herein. Any decision made by the Zoning Division regarding said plan may be appealed to the Planning Commission and/or City Council. 28. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. 29. That any tree 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. 91-92-07, now pending. 31. That the developer shall be responsible for compliance and any direct costs associated with the Mitigation Monitoring Program established by the City as required by Section 21081.6 of the Public Resources Code to ensure implementation of those mitigation measures identified in the Recommended Conditions of Approval for the Mitigated Negative Declaration. 32. That the petitioner shall comply with South Coast Air Quality Management District (SCAQMD) Rule 403 during earth moving, grading and construction activities to ensure that fugitive dust levels are maintained at acceptable levels. 33. That the petitioner shall site heavy equipment staging areas and building material stockpiles away from adjoining single-family residences to maintain construction noise at acceptable levels. - 6 - CUP #3463 34. That prior to issuance of a building permit, the underground storage tank identified in the subsurface investigation shall be removed in accordance with Fire Department requirements. Following removal, an environmental audit shall be performed to determine if any soil contamination has occurred in the vicinity of the tank. Identified soil contamination shall be remedied to the satisfaction of the Orange County Health Care Agency. Proof of compliance shall be submitted to the Zoning Division. 35. That removal of asbestos in conjunction with the demolition of the existing structure(s) shall be in compliance with State and Federal guidelines governing asbestos abatement. 36. 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 No. 1 and Exhibit Nos. 2 through 10. 37. That prior to issuance of a building permit or within a period of one (1) year from the date cf this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 5, 6, 10, 11, 12, 14, 17, 21, 22, 23, 25, 26, 27, 30 and 34 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. 38. That prior to final building and zoning inspections, Condition Nos. 8, 9, 15, 16, 19, 20, 24, 35 and 36, above-mentioned, shall be complied with. 39. 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 #3463 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the city of Anaheim this 5th day of November, 1991. CITY CLE~ O~ C HEIM JLW:dnl R34C3463.12 120691 - 8 - CUP #3463 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. 91R-311 was introduced and adopted at a regular meeting provided by law, of the Anaheim city Council held on the 5th day of November, 1991, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly 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-311 on the 6th day of November, 1991. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 6th day of November, 1991. 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. 91R-311 duly passed and adopted by the City Council of the city of Anaheim on November 5, 1991. CITY CLERK OF THE CITY OF ANAHEIM