Resolution-PC 2002-164•
RESOLUTION NO. PC2002-164
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04589 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:
THAT PORTION OF THE NORTHWEST QUARTER OF FRACTIONAL SECTION 7,
TOWNSHIP 4 SOUTH, RANGE 9 WEST, IN THE RANCHO SAN JUAN CAJON DE
SANTA ANA, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE(S) 10 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT ON THE WEST LINE OF SAID NORTHWEST QUARTER
DISTANT NORTH 0° 09' 10" EAST 1000.00 FEET FROM THE WEST QUARTER
CORNER OF SAID SECTION; THENCE CONTINUINING ALONG SAID WEST LINE
NORTH 0° 09' 10" EAST 290.00 FEET TO A POINT IN THE SOUTHERLY BOUNDARY
OF THE LAND DESCRIBED IN PARCEL 1 OF THAT CERTAIN FINAL ORDER OF
CONDEMNATION RECORDED APRIL 15, 1964, IN BOOK 7006, PAGE(S) 63, 64 AND
65 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY BOUNDARY
NORTH 0° 09' 10" WEST 290.00 FEET TO AN ANGLE POINT IN SAID SOUTHERLY
BOUNDARY LINE; THENCE SOUTH 89° 51' 10" WEST ALONG THE WESTERLY
PROLONGATION OF THE MOST SOUTHERLY LINE OF ~AID PARCEL 1~4 6TSTANCE
OF 464.89 FEET TO THE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on September 9, 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 conditional use permit and to investigate and
make findings and recommendations in connection therewith; and that the hearing was continued to the
November 4, 2002 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 use is properly one for which a conditional use permit is authorized by Anaheim
Municipal Code Section 18.31.050.090 to wit: to construct a 28-unit detached one-family residential
condominium subdivision in the RM-3000(0) (Residential, Multiple-Family - Oil Production Overlay) Zone with
waivers of the following:
(a) Sections 17.08.650 - Minimum private street standards.
and 18.04.080.080
(b) Sections 18.04.043.100 - Maximum fence heiqht.
and 18.31.064 (3-foot high fence permitted in the required 20-foot setback along a
secondary arterial highway;
6-foot high fence for one dwelling proposed 8 feet from Rio Vista
Street)
(c) Sections 18.06.050.0121
and 18.31.066.010
(d) Section 18.31.062.012
- Minimum number and type of parkinq spaces.
- Maximum structural heiqht within 150 feet of a sinqle-familv
residential zone.
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(2-stories with no visual intrusion permitted where located 50 feet
from a single-family residential zone boundary;
four 2-story dwellings proposed alonq the existinq south proqertv line
(abutting undeveloped city-owned property) and set back 10 feet
from an RS-5000 `Residential, Single-Family' zoned tract)
(e) Section 18.31.063.011 - Minimum structural setback abuttinq an arterial hiqhwav.
(averaqe 20-foot setback required along secondary arterial highways,
with a minimum 15-foot setback;
8-20 feet proposed for one dwelling siding onto Rio Vista Street)
(f) Sections 18.31.063.020.021 - Minimum distance between buildinqs.
18.31.063.020.022 (10-13 feet required between dwellings; 10 feet proposed)
and 18.31.063.020.023
(g) Section 18.31.063.024 - Minimum landscaped setback abuttinq a sinqle-familv residential
zone.
20-foot wide landscaped setback required;
3-8 feet proposed between four proposed dwellings/garages and the
existing south property line (undeveloped city-owned property) and
set back 10-20 feet from an RS-5000 `Residential, Single-Family'
zoned tract)
(h) Sections 18.31.063.030 - Minimum recreational leisure area.
18.31.063.031
and 18.31.063.032
2. That waivers (a), (c) and (h) (minimum private street standards, minimum number and type
of parking spaces, and minimum recreational leisure area) are hereby denied because the waivers were
deleted.
3. That waiver (b), maximum fence height, is hereby approved on the basis that strict
application of the Zoning Code would deprive the property of privileges enjoyed by other properties under
similar zoning classification (i.e., detached single-family residential) in the vicinity because one proposed
dwelling at the northwest corner of the site will side onto Rio Vista Street (a secondary arterial highway),
which is similar to traditional single-family residentially zoned lots where 6-foot high walls would be permitted
in similar locations along arterial highways.
4. That waivers (d) and (e), maximum structural height within 150 feet of a single-family
residential zone and minimum structural setback abutting an arterial highway, are hereby approved based on
the special circumstances of this property due to its location being surrounded on three sides by single-family
residential zoning; that the RM-3000 zone standards were intended for aftached townhouse-style
development and not `small-lot single-family' development with detached dwellings, as proposed; and that
similar waivers have been granted for other small lot single-family developments.
5. That waiver (f), minimum distance between buildings, is hereby approved based on the
special circumstances of this properry due to its location being surrounded on three sides by single-family
residential zones; that the RM-3000 zone standards were intended for attached townhouse-style
development and not'small lot single-family' development with detached dwellings, as proposed; that
dwellings in comparable single-family residential zones typically have 10-foot setbacks between adjoining
dwellings, similar to the proposal; and that similar waivers have been granted for similar small lot single-
family developments.
6. That waiver (g), minimum landscaped setback abutting a single- family residential zone, is
hereby approved based on the special circumstances of this property due to its location being surrounded on
three sides by single-family residential zones; that the RM-3000 zone standards were intended for attached
townhouse-style development and not "small lot single-family' development with detached dwellings, as
proposed; and that similar waivers have been granted for similar small lot single-family developments.
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7. That the proposed detached residential condominium subdivision, which is approved for 26
dwelling units, will not adversely affect the adjoining land uses and the growth and development of the area
in which it is located.
8. That the size and shape of the site for the proposed use, as approved, is adequate to allow
full development of the proposal in a manner not detrimental to the surrounding residential neighborhoods
nor to the peace, health, safety and general welfare.
9. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry traffic in the area.
10. That granting 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.
11. That five people spoke at the public hearing in opposition to the proposal; and that nine
letters in opposition were received pertaining to impacts on Rio Vista Elementary school, traffic, parking and
density.
12. That one concerned person spoke at the public hearing in favor of the proposal; and that the
principal of Rio Vista Elementary School spoke and indicated that although they were not opposed to the
proposal they had some concerns and suggestions.
CALIFORNIA ENVIRONMENTAL QUALlTY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to construct a 28-unit (26 units approved) detached one-family
residential condominium subdivision with waivers of minimum private street standards (denied), maximum
#~n6e-height, ~ninimum.numb-er and type of.parking spaces (denied), maximum structural height within 150
feet of a single-family residential zone, minimum structural setback abutting an arterial highway, minimum
distance between buildings, minimum landscaped setback abutting a single-family zone and minimum
recreational leisure area (denied) on a rectangularly-shaped 2.9-acre property having a frontage of 290 feet
on the on the east side of Rio Vista Street, a maximum depth of 434 feet and being located 130 feet north of
the centerline of Dutch Avenue, and further described as 226-230 North Rio Vista Street; 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 (approving 26 instead of 28 dwetling units
and denying waivers (a), (c) and (h)), 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:
1. That the developer shall plant twenty four (24) inch box sized street trees on thitty (30) foot centers in
the parkway, to match existing tree species fronting on Rio Vista Street. The minimum width of the
parkway/tree wells shall be sixty (60) inches. Shrub species shall be determined by the Park Services
Manager of the Community Services Department. The entire parkway shall be irrigated by a system
supplied from the approved development project. The aforementioned information shall be shown on
the plans submitted for building permits.
2. That gates shall not be installed across any driveway or private street in a manner which may adversely
affect vehicle 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. Said information shall be specifically shown on the plans submitted for
building permits.
3. That the property owner/developer shall install street lights on Rio Vista Street and within the project as
required by the Electrical Engineering Division.
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(a) A bond to guarantee the installation of the street lights shall be posted with the City of Anaheim
prior to issuance of building permits.
(b) The street lights shall be installed prior to occupancy.
4. 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. Said 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 review and approval by the appropriate City departments.
5. That a private water system with separate water service for fire protection and domestic water shall be
provided. Said information shall be specifically shown on the plans submitted for building permits.
6. That all backflow equipment shall be located above ground and behind the street setback area in a
manner fully screened from all public streets. Any backflow assemblies currently installed in a vault
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 underground vaults or outside the street
setback in a manner fully screened from all public streets and alleys. Said information shall be shown
on plans and approved by the Water Engineering and Cross Connection Control Inspector prior to
submittal for building permits.
That since 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
o~ the pla~s sub~itted for_building p.erm.its.
8. 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 to be architecturally compatible with the design of
the residences, and shall be 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 plants 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 review and approval by the Planning Department and Public Works Department,
Streets and Sanitation Division.
9. That an on-site trash truck turn-around area shall be provided in accordance with Engineering Standard
Detail No. 610 and shall be 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.
10. That roll-up garage doors shall be shown on the plans submitted for building permits. Said doors shall
be installed and thereafter maintained as shown on the approved plans.
11. 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.
12. 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.
13. That the property shall be permanently maintained in an orderly fashion through the provision of regular
landscape maintenance, removal of trash or debris, and removaf of graffiti within twenty four (24) hours
from time of occurrence.
14. That clothes washer and dryer hookups shall be incorporated into each condominium dwelling unit, and
said information shall be shown on the plans submitted for building permits.
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15. That a final landscaping and irrigation plan for subject property shall be submitted to the Zoning Division
for review and approval. Said landscaping plans shall show minimum finrenty four (24) inch box sized
trees, shrubs, groundcover and vines to be planted in `layers' in common areas and adjacent to the
screen wall facing Rio Vista Street, with trees on maximum finrenty (20) foot centers to be planted along
the south (single-family residential tract) and west (Rio Vista Street) property lines. Any decision made
by the Zoning Division regarding said plan may be appealed to the Planning Commission and/or City
Council. All trees shall be properly and professionally maintained to ensure mature, healthy growth.
16. That this Conditional Use Permit is granted subject to adoption of a zoning ordinance in connection with
Reclassification No. 2002-00080 and recordation of a final map for Tract Map No. 16412, now pending.
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, fire line or submitting the water improvement plans for
approval, the developer/owner shall submit to the Public Utilities 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
comply with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations.
19. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonment of existing water services and fire lines, shall be coordinated through Water Engineering
-D~vision of the-Public Utilities Department_.
20. That prior to rendering water service, the developer/owner shall submit a set of improvement plans for
Public Utility Water Engineering review and approval to determine the conditions necessary for
providing water service to the project.
21. That the streets, sanitary sewers, and storm drains within the development shall be privately
maintained.
22. That final elevation plans shall be submitted to the Zoning Division for review and approval showing
additional architectural enhancements to the rear elevation of the garages for Lot Nos. 14 through 18.
Any decision by the Zoning Division may be appealed to the Planning Commission as a`Reports and
Recommendations' item.
23. 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 7, and as conditioned
herein.
24. That the property owner/developer shall acquire the city-owned property along the south property line
and shall maintain said property with landscaping to provide an adequate buffer zone, as shown on the
submitted plans approved by the Planning Commission. If the property owner/developer does not
acquire this city-owned property, revised plans shall be submitted to the Zoning Division for review and
approval by the Planning Commission as a`Reports and Recommendations' item.
25. 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, 10, 11, 12, 14, 15, 16, 17, 22
and 24, 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.
26. That prior to final building and zoning inspections, Condition Nos. 3(b) and 23, above-mentioned, shall
be complied with.
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27. 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 4, 2002.
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CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COtJN~FI( OF OF~Id6E } 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 4, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~ p~ day of
~~Q /C r» ~rA~ 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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