Resolution-PC 2002-124i ~
RESOLUTION NO. PC2002-124
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2002-04512 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Variance for certain real property situated in the City of Anaheim, County of Orange, State of California
described as:
PARCELS 1 AND 2, AS SHOWN ON A MAP FILED IN BOOK 65, PAGE 35 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE
COUNTY, CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on July 15, 2002 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 reclassification and to investigate and make
findings and recommendations in connection therewith; and that the hearing was continued to the July
29, August 12 and August 26, 2002 Planning Commission meetings; and
WHEREAS, this development proposal originally included a 0.5-acre parcel at the southwest
corner of La Palma Avenue and Gilbert Street (1021 No~th Moraga Street); but that following public
notification, said parcel was deleted from the proposal (reducing the subject property size to 8.7 acres)
and the description of the subject property and the proposal were modified accordingly, including that the
number of dwelling units was reduced to 63 (from 76) detached single-family homes; 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 petitioner proposes the following waivers to construct a 63-unit detached
single-family residential subdivision in the RS-5000 (Residential, Single-Family) Zone.
(a) Sections 17.08.390 - ReQUired improvement of private streets.
17.08.650 (Sidewalks required on both sides of private streets;
18.04.080.020 no sidewalks proposed for Lot Nos. 4, 5, 6 and 7 on the private street
and 18.04.080.080 "F" cul-de-sac)
(b) Sections 18.04.020.023 - Minimum lot depth adiacent to an arterial hiqhwav.
and 18.27.060
(c) S~ctions ~8.04.fl42.040 - Minirnum !ot width.
and 18.27.061.021 (45 feet required for lots fronting on a cul-de-sac;
40 feet proposed for Lot Nos. 5 and 6 on private street "F" cul-de-sac)
(d) Section 18.27.061.030 - Minimurr~ lot area.
(5.000 sq.ft. required;
4,000 to 4,833 sq.ft. proposed for 57 lots)
(e) Section 18.27.062.030 - Maximum lot coveraQe.
(35% permitted; 36% to 41 % proposed on 32 lots)
(fl Section 18.27.062.031 - Minimum open space.
(5,850 sQ.ft. lots required for 4-bedroom houses;
4,000 to 5.757 sp.ft. fots proposed for 61, 4-bedroom houses)
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2. That waiver (a), required improvement of private streets, is hereby approved on the basis
that there is no reasonable relationship between the need for the required sidewalk improvement and the
type of development proposed because the four lots without sidewalks are located on the cul-de-sac
terminus of a private street resulting in an unusual configuration and orientation of said lots.
3. That waiver (b), minimum lot depth adjacent to an arterial highway, is hereby denied on
the basis that it was determined that a waiver is not necessary because the residential lots along La
Palma Avenue will be separated from said arterial highway by Lot "A," a common landscaped lot.
4. That waivers (c) minimum lot width, (d) minimum lot area, (e) maximum lot coverage and
(fl minimum open space are hereby approved on the basis that special circumstances are applicable to
the property consisting of size, shape, location and surroundings, due to the unusual configuration and
orientation of certain lots within the subdivision, particularly the lots proposed at the terminus of the
interior private street cul-de-sac, that make it difficult to comply with the Zoning Code.
5. That strict application of the Zoning Code would deprive the property from being
developed under the same development standards as other similar citywide projects in the RS-5000 Zone
which have been granted similar waivers pertaining to lot width, lot area, lot coverage and open space.
6. That the approval of the proposal, under the conditions imposed, will not be detrimental
to the character of the surrounding single-family residential neighborhood because the overall average lot
width and gross lot area proposed for the entire subdivision do not exceed Code requirements.
7. That one person indicated their presence at the public hearing in opposition to the
proposal; and that no correspondence was received in opposition.
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af one person spo e at f e pu ic earing wif concerns an- suggestibns rega~ding
the proposal.
9. That six people spoke at the public hearing in favor of the proposal; that four other
people, including two representatives of the West Anaheim Neighborhood Development Council (WAND),
spoke in favor of the proposal but with some concerns and suggestions; and that a letter was received
from the Anaheim Chamber of Commerce in support of the proposal.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Ptanning Commission has reviewed the proposal for waivers of required improvement of private streets,
minimum lot depth adjacent to an arterial highway, minimum lot width, minimum lot area, maximum lot
coverage and minimum open space to construct a 63-unit detached single-family residential subdivision
in the RS-5000 (Residential, Single-Family) Zone on a rectangularly-shaped 8.7-acre property located at
the southeast corner of La Palma Avenue and Gilbert Street, having frontages of 635 feet on the south
side of La Palma Avenue and 600 feet on the east side of Gilbert Street, and further described as 950
North Gilbert Street and 2360 West La Palma Avenue (former No~th Orange County Regional Occupation
Center); ar~d ~oes her~b~ approve the Negativs Qsclarat9on upon find9r!g th~# #he declarat9on rsflscts ths
independent judgement 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 Variance, 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:
That the developer shall install minimum twenty four (24) inch box sized trees on maximum thirty
(30) foot centers in the parkway or in tree wells (minimum fifty two (52) inch square, each) in the
public rights-of-way along Gilbert Street and La Palma Avenue. Said information shall be specifically
shown on plans submitted to the Community Services, Public Works and Planning Departments for
review and approval.
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2. That decorative bollards or other effective decorative barriers acceptable to the Zoning Division of
the Planning Department, the Police Department, and the Communiry Services Department shall be
constructed along the perimeter of the common recreation area. Said information shall be
specifically shown on the plans submitted for building permits.
3. (a) That the property owner/developer shall install street lights on Gilbert Street and La Palma
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 the installation of said fixtures.
(b} That the street lights shall be installed prior to occupancy of the first dwelling unit.
4. That the location(s) for future above-ground utility devices including, but not limited to, etectrical
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.}, which treatments shall be subject to review and approval by the appropriate City
departments.
5. That trash storage area(s) shall be provided and maintained in location(s) acceptabte to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said information shall be specifically shown on the plans submitted for
building permits, and will be reviewed and approved by the Planning Department and the Public
Works Department, Streets and Sanitation Division.
6. That an on-site trash truck turn-around area shall be provided in compliance 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.
7. That roll-up garage doors shall be shown on the plans submitted for building permits. Said doors
shall be installed and maintained as shown on the approved plans.
8. 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.
9. That all plumbing and other similar pipes and fixtures located on the exterior of any building shall be
fully screened by architectural devices and/or appropriate building materials. Said information shall
be specifically shown o~ the plans submitted for building permits.
10. That the property shall be permanently maintained in an orderiy fashion 4h~augh the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
11. That clothes washer and dryer hookups shall be incorporated into each dwelling unit, and shall be
shown on the plans submitted for building permits.
12. That final landscaping and fencing plans for the subject property shall be submitted to the Zoning
Division for review and approval.
(a) The landscaping plans shall show that minimum twenty four (24) inch box sized trees, shrubs,
groundcover and vines shall be planted in `layers' on the north and west sides of the screen
wall facing La Palma Avenue and the northerly portion of Gilbert Street.
(b) The landscaping plan shall also show twenty four (24) inch box sized trees in the front yard of
each home fronting on Gilbert Street.
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Any decision made by the Zoning Division regarding said landscaping and fencing plans may be
appealed to the Planning Commission and/or City Council. All trees shall be properly and
professionally maintained by the homeowners association to ensure mature and healthy growth.
13. That this Variance is granted subject to adoption of a zoning ordinance in connection with
Reclassification No. 2001-00077 and recordation of a final map in connection with Tract No. 16359,
now pending.
14. That any required relocation of city electrical facilities shall be at the developer's expense. All pad-
mounted equipment shall be screened with landscaping and/or hardscape, and that said screening
shall be shown on the plans submitted for building permits.
15. That prior to application for water meters or fire lines, or prior to submitting the water improvement
plans for approval, the developer/owner shall submit an estimate of the maximum fire flow rate and
maximum day and peak hour water demands for the project to the Water Engineering Division of the
Public Utilities Department. 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 be in accordance with Rule No. 15A.6 of the Water Utility Rates,
Rules and Regulations.
16. That all backflow equipment shall be located above ground and outside the street setback areas in a
manner fully screened from all public and private streets. Any backflow assemblies currently
installed in vault(s) shall be brought up to current standards. Any other large water system
equipment shall be installed to the satisfaction of the Water Engineering Division in either
- -~nd€rgKOUnd uaults or outside the street setback areas in a manner fully screened from all public
streets. Said information shall be shown on plans submitted to the Water Engineering and Cross
Connection Control Inspector for review and approval prior to submittal of plans for building permits.
17. That because this project has landscaping areas exceeding two thousand five hundred (2,500)
square feet, a separate irrigation meter shall be installed and shall comply with Chapter 10.19
"Landscape Water Efficiency" of the Anaheim Municipal Code and Ordinance No. 5349. Said
information shall be shown on the plans submitted for building permits.
18. That prior to submitting water improvement plans, the developer shall submit a water system master
plan, including a hydraulic distribution network analysis, for Public Utilities Water Engineering
Division review and approval. The master plan shall demonstrate the adequacy of the proposed on-
site water system to meet the projecYs water demands and fire protection requirements.
19. That all requests for new water services or fire lines, as well as any modifications, relocations or
abandonrner~t of existing water services and/or fire lines, shall be coordinated through the Public
Utilities Department, Water Engineering Division.
20. That prior to rendering water service, the developer/owner shall submit a set of improvement plans
for Water Engineering Division review and approval to determine the conditions necessary for
providing water service to the project.
21. That all existing water services and fire lines shall conform to current Water Services Standards and
Specifications. Any water service and/or fire line that does not meet current standards shall be
upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The
owner/developer shall be responsible for the cost to upgrade or abandon any water service or fire line.
22. That a plan shall be submitted to the City Traffic and Transportation Manager for review and
approval specifying how vehicle security gates and vehicle turn-around will function if the developer
proposes installation of gates at the entry to the project. Said information shall be specifically shown
on the plans submitted for building permits.
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23. That gates shall not be instaDed across any driveway or private street in a rnanner which may
adversely affect vehicle traffic in the adjacent public streets. 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 permit for such gate.
24. That ptans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with the current versions of Engineering Standard Plan Nos. 436 and 601/602
pertaining to parking standards and driveway location. Subject property shall thereupon be developed
and maintained in conformance with said plans.
25. That the driveway shall be constructed with ten (10) foot radius curb returns as required by the Ciry
Engineer in conformance with Engineering Standard No. 137 (maximum thirty (30) feet wide). Said
information shall be specifically shown on the plans submitted for building permits.
26. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor uses.
27. Proposed Condition No. 27 was deleted at the August 26, 2002 Planning Commission hearing, and
added to fhe conditions of approval for Tentative Tract Map No. 16359 (which was processed
concurrently with fhis Variance).
28. Proposed Condition No. 28 was deleted at the August 26, 2002 Planning Commission hearing, and
added to the conditions of approval for Tentative Tract Map No. 16359 (which was processed
concurrently with this Variance).
29. That all dwelling units shall be assigned street address numbers. The street name(s) for the private
- - str-e~tEs-),-if. requested b.y the developer or required by the_City, shall be submitted to the Building
Division for review and approved. -
30. That as stipulated by the applicant during the public hearing:
(a) The front setbacks of the homes on Lot Nos. 2 and 9 shall be increased;
(b) The applicant shall reverse the homes on Lot Nos. 28 and 52, if feasible; and
(c) The following building elevations shall include enhanced building articulations similar to those
identified on Exhibit No. 17.
LOT NO. ~LEVATION
1 Side (on the north)
5 and 6 Side (on tne north)
10 and 11 Side (on the north)
28 and 29 Sids (cn the north;
32 Side (on the south)
33 Side (on the north)
35 Side
36 through 44 Rear
45 Side and Rear
47 throu h 51 Rear
46 and 52 Side and Rear
54 throu h 62 Side
53 and 63 Side and Rear
31. That the proposed decorative block walls along the east and south property lines, except in required
front yards, shall be limited to seven (7) feet in height, subject to approval of an Administrative
Adjustment in compliance with Section 18.12.080 of the Anaheim Municipal Code. Said information
shall be specifically shown on the plans submitted for building permits.
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32. 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, 2 and 15, and Exhibit Nos. 3 through 14, and
16 through 19; and as conditioned herein.
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. 1, 2, 3(a), 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 16, 17, 22,
23, 24, 25, 29, 30 and 31, 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. 3(b) and 32, 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 Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs 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.
- ~k~l~ FOREGQING RESOLUT_ION was ado_~ted at the Planning Commission meeting of
August 26, 2002.
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
i~.~....~- ~~•K.~.oC~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CI~Y OF ANAHEIM )
I, Eleanor Fernandes, Secretary of the Anaheim City Pianning Com~ission, ~o h~reby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on August 26, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, 80YDSTUN, SRISTOL, EASTMAN, KOOS, VANDERBlLT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ROMERO
S IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
¢ r , 2002.
~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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