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96-187 RESOLUTION NO. 96R-187 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GP~ANTING CONDITIONAL USE PERMIT NO. 3868. 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 68 unit, 2-story, detached residential condominium complex with waivers upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as:: THAT PORTION OF THE SOUTH HALF OF SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID SECTION 8 WITH THE SOUTHERLY PROLONGATION OF THE CENTER LINE OF MULLER STREET, 60.00 FEET WIDE, AS DESCRIBED IN PARCEL 1 OF THE DEED TO THE CITY OF ANAHEIM, RECORDED NOVEMBER 1, 1957 IN BOOK 4089 PAGE 397 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, THENCE NORTH 0 DEG. 02' 24" WEST 835.43 FEET ALONG SAID SOUTHERLY PROLONGATION AND SAID CENTER LINE TO A POINT SOUTHERLY 480.01 FEET FROM THE INTERSECTION OF SAID CENTER LINE WITH THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF TRACT NO. 1775, AS PER MAP RECORDED IN BOOK 50 PAGE 15 OF SAID MISCELLANEOUS MAPS; THENCE NORTH 89 DEG. 37' 14" WEST 351.68 FEET PARALLEL WITH SAID NORTHERLY LINE TO THE EASTERLY LINE OF SAID TP~ACT NO. 1775; THENCE SOUTH 1 DEG. 16' 54" EAST 835.16 FEET ALONG SAID EASTERLY LINE TO SAID SOUTH LINE OF SAID SECTION; THENCE SOUTH 89 DEG. 31' 00" EAST 333.59 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS PARCELS 1 AND 4 IN THAT CERTAIN FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 70691, A CERTIFIED COPY OF WHICH WAS RECORDED MARCH 28, 1958 IN BOOK 4242, PAGE 85 OF SAID OFFICIAL RECORDS; 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. PC96-92 granting Conditional Use Permit No. 3868; 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: 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 - 2 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, the action of the City Planning Commission granting said conditional use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 3868 be, and the same is hereby, granted permitting a 68 unit, 2-story, detached residential condominium complex with waivers on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: (a) Sections 18.31.050.090 -Maximum structural heiqht adiacent to sinqle-familv residential and 18.31.062.012 zoninq. (One-story permitted within 50 feet of single-family zoning; two-stories proposed 20 feet from RS-7200 zoning to the west) (b) Sections 18.31.050.090 - Minimum structural setback and yard requirements. and 18.31.063.022 (17 to 20 feet required between building walls containing windows to habitable rooms; 10 to 20 feet proposed between buildings) subject to the following conditions: 1. That roll-up garage doors shall be shown on the plans submitted for building permits. Said doors shall be installed and maintained as operational as shown on submitted plans. 2. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division, for review and approval. 3. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval, specifying how the vehicular security gates and vehicle turn-around area at the project entrance will function. 4. That gates shall not be installed across the private street in a manner which may adversely affect vehicular traffic on the adjacent public street. If such gates are proposed, 3 installation 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 permit for said gates. 5. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the most up-to-date versions of Engineering Standard Plan Nos. 436, 601 and 609 pertaining to parking standards and driveway location. Subject property shall thereupon be developed and maintained in conformance with said plans. 6. That the driveway on Muller Street shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 137. 7. That parking spaces shall be provided in accordance with Code requirements. 8. That an on-site trash truck turn-around area shall be provided in accordance with Engineering Standard Detail No. 610, as required by the Department of Maintenance. Said turnaround area shall be shown on plans submitted for building permits. 9. That prior to the issuance of a building permit (except for any model units), a final tract map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then recorded in the Office of the Orange County Recorder. (Subdivision Map Act, Section 66499.30) 10. That a private water system with separate water service for fire protection and domestic water shall be provided. 11. That the water backflow equipment and any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either (a) underground vaults or (b) outside the street setback area in a manner fully screened from the public streets. 12. That the developer shall be responsible for compliance with all mitigation measures within the assigned time frames and any direct costs associated with Mitigation Monitoring Program No. 93, as established by the City of Anaheim and as required by Section 21081.6 of the Public Resources Code to ensure implementation of those identified mitigation measures. 13. That an unsubordinated covenant shall be recorded with the Office of the Orange County Recorder agreeing to provide the buyer of each dwelling unit with written information obtained from the school districts pertaining to possible overcrowded conditions and busing status of the schools serving the dwelling 4 - unit. A copy of the covenant shall be submitted to and approved by the City Attorney prior to recordation. A copy of the recorded covenant shall be submitted to the Zoning Division. 14. That Conditional Use Permit No. 3868 is hereby granted subject to the finalization of Reclassification No. 95-96-05 (adoption of an ordinance reclassifying the property RM-3000) and recordation of Tract Map No. 15345. 15. That the developer shall demonstrate compliance with Council Policy No. 542 pertaining to sound attenuation. 16. That clothes washer and dryer hookups shall be incorporated into the garage or living area of each condominium dwelling unit and shall be shown on the plans submitted for building permits. 17. That clinging vines and/or fast growing shrubbery shall be planted and maintained adjacent to all fences accessible to the. public rights-of-way. Minimum five (5) gallon plant materials (or minimum one [1] gallon vines) shall be planted on maximum three (3) foot centers in these areas. 18. That prior to the issuance of building permits, an application for an Administrative Adjustment to construct an eight (8) foot high block wall along the north property line (adjacent to ML "Limited Industrial" Zoning) shall be submitted to the Zoning Division. If an Administrative Adjustment permitting waiver of maximum wall height is approved, an eight (8) foot high decorative block wall shall be constructed along the north property line prior to final building and zoning inspections. 19. That the existing block wall along the west property line shall be replaced with a 6-foot high decorative (on both sides) masonry wall subject to the approval of the individual homeowners adjacent to the west property line. Absent the approval of any individual property owner, the developer shall construct the required wall immediately adjacent to the existing wall and cap the gap between the walls to prevent void areas between the walls. 20. That second story bathroom windows in all units immediately adjacent to and facing the west property line shall be installed five (5) feet above the floor line. 21. 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. 22. That minimum twenty four (24) inch box, non-deciduous, broadheaded or canopy trees, shall be planted and maintained by 5 the developer adjacent to the west property line to provide a broad screening effect adjacent to the single-family residences to the west. Landscape plans shall show the location of the trees on approximately twenty (20) foot centers, allowing the distance to vary slightly, to allow alignment of said trees with second story windows facing west. The subject trees shall ultimately be maintained by the Homeowner's Association at such time as that the Association becomes responsible for maintenance of other portions of the property. Said trees shall be trimmed by a licensed and certified arborist, and maintained so as not to grow into the existing overhead lines. It shall be the responsibility of the Homeowners Association to inform all affected homeowners that these trees shall not be removed or trimmed by the individual homeowners. 23. That a minimum twenty (20) foot wide densely landscaped buffer area, adjacent to the west property line in the swimming pool area, shall be installed and permanently irrigated and maintained. Said landscaped area shall not be used for active recreation purposes and shall be designed to prevent such activities. 24. That a solid six (6) foot high, as measured from then highest finished adjacent grade level, decorative masonry wall with river rock pilasters (as shown on the submitted Muller Street elevation drawing, Exhibit No. 11) shall be constructed adjacent to Lincoln Avenue and Muller Street. The proposed wrought iron sections of fencing shown on Exhibit No. 11 shall be eliminated and replaced with a solid wall except at the project entrance, where wrought iron may be used. 25. That precise landscape, fence, signage and window treatment plans, in conjunction with actual samples of proposed driveway pavers and synthetic river rock for perimeter block wall pilasters, shall be submitted to the Zoning Division for review and approval by the Planning Commission as a "Reports and Recommendations" item. The specific perimeter wall location shall be subject to the approval of the City Traffic and Transportation Manager in connection with line-of-sight considerations. 26. That lighting fixtures for any proposed guest parking and/or common recreational/leisure areas shall be shown on plans submitted to the Building Division for review and approval. Light fixtures shall be down-lighted with a maximum height of twelve (12) feet. Said lighting fixtures shall be directed away from the adjacent single-family residential properties to the west. 27. That a minimum of one (1) of the proposed common recreational/leisure areas shall be equipped with playground equipment. - 6 28. That the developer shall be responsible for the payment of school fees as required by State Law. 29. The 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 11, except as otherwise required by Condition Nos. 19, 20, 23 and 24, above- mentioned. 30. That prior to restricting vehicular access across the southern portion of the property from Diane Way to Muller Street, the developer shall construct street improvements to create a street opening on the north side of Lincoln Avenue at Carol Drive and create a turn pocket in the Lincoln Avenue median island to permit left turns from Carol Drive onto Lincoln Avenue. Plans shall be submitted indicating street and median island improvements, signing and striping as recommended by the City Traffic and Transportation and further landscape and irrigation plans shall be submitted for the frontage road and median island in Lincoln Avenue which shall be subject to the review and approved of the Parks Division of the Community Service Department. A bond shall be posted in an amount as determined by the City Engineer and form as satisfactory to the City Attorney's office, to guarantee performance of the developer's obligations herein described. 31. 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, 2, 3, 5, 8, 9, 13, 14, 15, 16, 18, 25, 26 and 28, 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. 32. That prior to final building and zoning inspections, Condition Nos. 6, 7, 10, 11, 17, 19, 20, 22, 23, 24, 27 and 29, above-mentioned, shall be complied with. 33. 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 FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 22nd day of October, 1996. MAY~R~OF THE CITY~IM ATTEndk ~ ~ CITY CLERK OF THE CITY OF AN~HEIM 0020865.01 - 8 - 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. 96R-187 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 22nd day of October, 1996, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 96R-187 on the 22nd day of October, 1996. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 22nd day of October, 1996. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) 1, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the odginal of Resolution No. 96R-187 was duly passed and adopted by the City Council of the City of Anaheim on October 22nd, 1996. CITY CLERK OF THE CITY OF ANAHEIM