Resolution-PC 2001-154. ~
RESOLUTfON NO. PC2001-154
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04453 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
THE SOUTH 243 FEET OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14,
TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES IN
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
PER MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS,
IN THE OFFICE OF COUNTY RECORDER OF SAID COUNTY.
EXCEPT THE SOUTH 158 FEET OF THE WEST 343 FEET THEREOF; ALSO
EXCEPT THE EST 260 FEET THEREOF.
THE SOUTH 158.00 FEET OF THE WEST 343.00 FEET OF THE NORTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14,
TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY
OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
k~-ECORD€D I-N ~DO.K 51, PAGE 1'l, .O.F MISCELLAN-EOUS MAPS, lN T.HE OFFICE OF
THE COUNTY RECORDER OF SAID ORANGE COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on November 5, 2001 at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidence for and against said proposed conditional use permit and to
investigate and make findings and recommendations in connection therewith; and that the hearing was
continued from the October 22, 2001 Planning Commission meeting; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
the Anaheim Municipal Code Section 18.31.050.090 to permit an 18-unit detached and attached
condominium project with waivers of the following:
(a) Sections 18.06.040.020 - Minimum parking space dimensions.
and 18.31.066.020
(b) Section 18.31.062.010.012 - Maximum structural height adiacent to a sinqle-familv 2one.
(1-storv permitted within 50 feet of sinple-familv residential
zoning;
2-stOry dwelling units proposed within 20 feet of RS-7200 zoning
to the north, east and south)
(c) Section 18.31.063.010.011 - Required structural setback adiacent to a major arterial hiqhwav.
(20 feet required adjacent to Knott Avenue;
7 to 15 feet proposed)
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(d) Section 18.31.065.010.011 - Minimum distance between buildinas.
(21 to 22 feet required between dwelling units;
10 to 12 feet proposed)
2. That waiver (a), minimum parking space dimensions is hereby denied, on the basis that
plans were submitted following public notification deleting the waiver.
3. That waivers (b) and (c), maximum structural height adjacent to a single-family zone and
required structural setback adjacent to a major arterial highway, are hereby approved on the basis that
special circumstances apply to this property due to its location which is surrounded on three sides by
single-family residential zones, depriving this property of the ability to develop detached condominiums in
compliance with RM-3000 Zone development standards.
4. That waiver (d), minimum distance between buildings, is hereby approved because the
RM-3000 Zone development standards anticipate large multiple-unit buildings rather than individual
detached dwefling units designed with setbacks similar to single-family zone development standards; and
that similar developments in the vicinity of this type have been granted this waiver.
5. That the detached condominium subdivision is properly one for which a conditional use
permit is authorized by the Zoning Code.
6. That the detached condominium subdivision, as designed, will not adversely affect the
adjoining land uses and the growth and development of the area in which it is proposed to be located.
7. That the size and shape of the site for the detached condominium subdivision is
adequate to allow full development of the 18 detached dwelling units in a manner not detrimental to the
surrounding residential neighborhoods.
8. That the traffic generated by the detached condominium subdivision will not impose an
undue burden upon the streets and highways designed and improved to carry the traffic in the area.
9. That granting of this 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.
10. That no one indicated their presence at the public hearing in opposition to the proposal;
that one person spoke asking for clarification regarding the setbacks along the south and east property
lines; that one concerned person spoke in favor of the proposal and offered suggestions; and that no
correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit a detached and attached condominium project
with waivers of minimum parking space dimension, maximum structural height adjacent to a single-family
zone, required building setback adjacent to a major arterial highway and minimum distance between
buildings on a rectangularly-shaped 2.1-acre property having a frontage of 243 feet on the east side of
Knott Avenue, having a maximum depth of 373 feet, being located 280 feet south of the centerline of
Rome Avenue, and further described as 832 South Knott Avenue; and does hereby approve the
Negative Declaration upon finding that the declaration reflects the independent judgment of the lead
agency and that it has considered the Negative Declaration together with any comments received during
the public review process and further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, in part, upon the following conditions which
are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
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That the developer shall plant twenry four (24) inch box Pink Tabebuia street trees on maximum
thirty (30) foot centers in the parkway, fronting Knott Avenue. All the trees shall be planted in
accordance with City Tree Planting Detail No. 5006. Said information shall be shown on the
plans submitted for building permits.
2. That the property owner/developer shall install street lights on Knott Avenue as required by the
Electrical Engineering Division. A bond for the installation of the street lights shall be posted with
the City of Anaheim prior to issuance of building permits to guarantee installation. The street
lights shall be installed prior to occupancy.
That the locations for future above-ground utility devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be
shown on the plans submitted for building permits. The plans shall also identify the specific
screening treatment of each device (i.e., landscape screening, color of walls, materials,
identifiers, access points, etc.) and shall be subject to the review and approval by the appropriate
City departments.
4. That because this project has landscaping area exceeding two thousand five hundred (2,500)
square feet, a separate irrigation meter shall be installed and shalt comply with Chapter 10.19
"Landscape Water Efficiency" of the Anaheim Municipal Code and Ordinance No. 5349. Said
information shall be shown on plans submitted for building permits.
5. That trash storage areas shall be provided and maintained in locations acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on
file with said Department. Said storage areas shall be designed, located and screened so as not
to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall
be protected from graffiti opportunities by the use of plant materials such as minimum one (1)
gallon sized clinging vines planted on maximum three (3) foot centers or tall shrubbery. Said
information shall be specifically shown on the plans submitted for building permits for Planning
Department and Public Works Department, Streets and Sanitation Division, approval.
6. 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.
7. That an on-site trash truck turn-around area shall be provided in accordance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department,
Streets and Sanitation Division. Said turn-around area shall be specifically shown on the plans
submitted for building permits.
8. 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 review and approval by the
City Traffic and Transportation Manager prior to issuance of a building permit.
That ro11-up garage doors shall be shown on the plans submitted for building permits. Said doors
shall be installed and maintained as shown on submitted plans.
10. That all air conditioning facilities and other ground mounted equipment shall be properly shielded
from view and the sound buffered from adjacent residential properties. Said information shall be
specifically shown on the plans submitted for building permits.
11. 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. Said information
shall be specifically shown on the plans submitted for building permits.
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12. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
13. That clothes washer and dryer hookups shall be incorporated into each condominium dwelling
unit and shall be shown on the plans submitted for building permits.
14. That a final landscape and irrigation plan for subject property shall be submitted to the Zoning
Division for review and approval. Said landscape plans shall show minimum twenty four (24) inch
box sized trees and vines to be planted adjacent to the screen wall facing Knott Avenue. Said
plans shall also show twenty four (24) inch box sized screening trees planted on no less than
twenty (20) foot centers adjacent to all interior property lines. Any decision made by the Zoning
Division regarding said landscaping plans may be appealed to the Planning Commission and/or
City Council. All trees shall be properly and professionally maintained to ensure mature, healthy
growth.
15. That this conditional use permit is granted subject to adoption of a zoning ordinance in connection
with Reclassification No. 2001-00059 and recordation of Tentative Tract Map No. 16233, now
pending.
16. That no balconies and only opaque windows shall be permitted on the second floor rear
elevatians of the detached condominiums abutting the north, east and south property lines
adjoining RS-7200 single family residential zoning . Furthermore, the residence on Lot No. 12 of
the tract shall be reversed so that no windows into habitable rooms on the second floor face the
south_property line. Said information shall be specifically shown on the_plans submitted for
building permits.
17. That any required relocation of city electrical facilities shall be at the developer's expense; and
that landscape and/or hardscape screening of all pad mounted equipment shall be required and
shall be shown on the plans submitted for building permits.
18. That prior to application for water meters or a fire line or prior to submitting the water
improvement plans for approval, the developer/owner shall submit to the Public Utilities
Department, Water Engineering Division, an estimate of the maximum fire flow rate and
maximum day and peak hour water demands for the project. This information will be used to
determine the adequacy of the existing water system to provide the estimated water demands.
Any off-site water system improvements required to serve the project shall occur in accordance
with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations.
19. That prior to rendering water senrice, the developer/owner shall submit a set of improvement
plans for Public Utilities Department, Water Engineering, review and approval to determine the
conditions necessary for providing water service to the project.
20. That the existing driveway approaches along Knott Avenue that will not be used for this development
shall be removed and replaced with curb, gutter, sidewalk and parkway landscaping. The developer
shail obtain a Right-of-Way Construction Permit from the Pubiic Works Department. The
improvements shall be completed prior to occupancy of the first home.
21. That final elevation plans showing enhanced architectural detail shall be submitted to the Zoning
Division for review and approval by the Planning Commission as a"Reports and
Recommendations" item.
22. 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 11, and as conditioned herein.
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23. 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, 4, 5, 6, 7, 9, 10, 11, 13, 14, 15, 16, 17
and 21, 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.
24. That prior to final building and zoning inspections, Condition Nos. 20 and 22, above-mentioned,
shall be complied with.
25. 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 Anaheim City Planning Commission 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 condition, 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 was adopted at the Planning Commission meeting of
November 5, 2001.
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CHAIRP~ . N, ANAHEIM TY PLANNING GOMMISSION.
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on November 5, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: VANDERBILT
IN WITNESS WHEREOF, I have hereunto set my hand this ~/ ~ day of
~ , 2001.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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