Resolution-PC 2002-35• •
RESOLUTION NO. PC2002-35
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04501 BE GRANTED
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:
PARCEL 1: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, AS SHOWN ON
A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS
OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS;
BEGINNING AT A POINT IN THE WESTERLY LINE OF SAID SOUTHWEST QUARTER,
SAID POINT LYING DISTANT NORTH 0° 17' 20" EAST 850.70 FEET ALONG SAID LINE
FROM THE SOUTHWESTERLY CORNER OF SAID SOUTHWEST QUARTER; THENCE
NORTH 89° 59' 50" EAST, 179.00 FEET TO THE BOUNDARY OF TRACT 1446, AS
SHOWN ON MAP RECORDED IN BOOK 72, PAGE 5& 6 OF MISCELLANEOUS MAPS
OF ORANGE COUNTY, CALIFORNIA; THENCE SOUTH 0° 17' 20" WEST ALONG SAID
BOUNDARY 60.00 FEET TO AN ANGLE POINT IN SAID BOUNDARY; THENCE SOUTH
89° 58' 55" WEST ALONG SAID BOUNDARY 179.00 FEET TO SAID WESTERLY LINE
OF THE SOUTHWEST QUARTER; THENCE NORTH 0° 17' 20" EAST ALONG SAID
WESTERLY LINE 60.06 FEET TO THE POINT OF BEGINNING
PARCEL 2: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, AS SHOWN ON
MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE WESTERLY LINE OF SAID SOUTHWEST QUARTER,
SAID POINT LYING DISTANT NORTH 0° 17' 20" EAST 850.70 FEET ALONG SAID LINE
FROM THE SOUTHWESTERLY CORNER OF SAID SOUTHWEST QUARTER; THENCE
NORTH 89° 59' 50" EAST 179.00 FEET TO THE BOUNDARY OF TRACT 1446, AS
SHOWN ON A MAP RECORDED IN BOOK 72, PAGES 5& 6 OF MISCELLANEOUS
MAPS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 0° 17' 20" EAST ALONG
SAID BOUNDARY 80.00 FEET TO AN ANGLE POINT THEREIN, SAID POINT LYING IN
THE NORTHERLY LINE OF THE LAND DESCRIBED IN DEED JOHN L. NEFF AND
WIFE, RECORDED NOVEMBER 29, 1950 IN BOOK 2130, PAGE 435 OF OFFICIAL
RECORDS; THENCE SOUTH Ov 17' 20" WEST ALONG SAID WESTERLY LINE 80.00
FEET TO THE POINT OF BEGINNING
PARCEL 3: THE SOUTHERLY 140 FEET OF THE WESTERLY 310 FEET OF THE
NORTHERLY 390.00 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTiON ~8, TOWNSHiP 4 SOUTH, RANGE 10 WEST, IN THE
RANCHO LOS COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on March 11, 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 from the February 11, 2002 Planning Commission meeting; and
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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
Anaheim Municipal Code Sections 18.31.050.090 and 18.31.020.051 to construct a 12-unit detached
one-family residential condominium subdivision with waivers of the following:
(a) Section 18.31.062.012 - Maximum structural height within 150 feet of a single-family
residential zone.
(1-story permitted within 50 feet of RS-7200 "Residential, Single-
Family" zoning to the north, east and south;
2-stories proposed within 5 to 18 feet)
(b) Section 18.31.063.011 - Minimum structural setback abutting an arterial highway.
(20 feet required;
6-foot setback proposed between Magnolia Avenue and a 6-foot
high screen wall, and 16-foot setback proposed between
Magnolia Avenue and detached RM-3000 residences)
(c) Section 18.31.063.024 - Minimum landscaped setback abutting a single-family residential
zone.
(20 feet required adjacent to RS-7200 zoning to the north, east
and south;
5 to 18 feet proposed)
(d) Sections 18.31.063.021 - Minimum distance between buildings.
18.31.063.022 (21 to 22 feet required; 10 to 15 feet proposed)
and 18.31.063.023
(e) Sections 18.04.043.100.101(a) - Maximum fence height.
18.31.063.011 (3-foot high fence permitted in the required 20-foot setback along
and 18.31.064 Magnolia Avenue;
6-foot high fence proposed 6 feet from Magnolia Avenue)
(fl Section 17.08.036 - Minimum private street standards.
and 17.08.650 (28-foot street width required; 22-24 feet proposed)
2. That the proposal was originally submitted for 13 residential condominium units but the
project was redesigned after the February 11, 2002 Planning Commission meeting to reduce the number
of units to 12, and to revise the site plan, floor plans and elevation drawings, and make other
modifications including additional parking spaces and increased setbacks, and to address concerns of the
surrounding community and the Planning Commission, as discussed in the March 11, 2002 Staff Report
to the Planning Commission.
3. That waivers (a), (b), (c) and (e) (pertaining to maximum structural height within 150 feet
of a single-family residential zone, minimum structural setback abutting an arterial highway, minimum
landscaped setback abutting a single-family residential zone and maximum fence height) are hereby
approved on the basis of special circumstances applicable to this property due to its location which is
surrounded on three sides by single-family residential zoning, which deprives this property of the ability to
develop detached condominiums in compliance with RM-3000 zone development standards, as
discussed in paragraphs (21), (22), (23) and (25) of the March 11, 200 Staff Report to the Planning
Commission.
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4. That waiver (d), pertaining to minimum distance between buildings, is hereby approved
on the basis that the RM-3000 Zone development standards anticipate large multiple-unit buildings rather
than individual detached dwellings designed with setbacks similar to single-family zone development
standards; and that developments similar to the proposal have been granted this waiver in the past.
5. That waiver (~, pertaining to minimum private street standards, is hereby approved based
on the recommendation of the Public Works Department that given the size of this development and the
site constraints, the proposed street widths are adequate to serve the residences; and that there are
exceptional or special circumstances applicable to this property which include the impracticability of
employing a conforming plan or layout by reason of prior existing recorded subdivisions of contiguous
properties.
6. That there are special circumstances applicable to the property consisting of its size
shape, location and surroundings, which do not apply to other identically zoned properties in the vicinity.
7. That strict application of the Zoning Code deprives the property of privileges enjoyed by
other properties under identical zoning classification in the vicinity.
8. That the proposed use, 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.
9. That the size and shape of the site for the detached condominium subdivision is
adequate to allow full development of the 12 detached dwelling units in a manner not detrimental to the
surrounding residential neighborhoods, nor to the peace, health, safety and general welfare.
10. That 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
11. That the 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.
12. That the applicant submitted 10 letters and a petition with 3 signatures in favor of the
proposal.
13. That one person spoke in favor of the proposal at the public hearing on March 11, 2002,
but expressed concerns regarding the proposed fence.
14. That one person spoke at the public hearing on March 11, 2002, with concerns regarding
the proposal, and two people spoke in opposition to the request; and that six people spoke in opposition
to the proposat at the public hearing on February 11, 2002, three of whom represented the West Anaheim
Neighborhood Development Council (WAND), and that concerns were raised pertaining to the number of
homes, visual intrusion, lack of an adequate landscaped setback along Magnolia Avenue and that too
many waivers were being requested.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Pianning Commission has reviewed the proposai to reciassify to the property from the RS-A-43,000
(Residential/Agricultural) zone to the RM-3000 (Residential, Multiple-Family) zone and to construct a 12-
unit detached one-family residential condominium subdivision with waivers of maximum structural height
within 150 feet of a single-family residential zone, minimum structural setback abutting an arterial
highway, minimum landscape setback abutting a single-family residential zone, minimum distance
between building walls, maximum fence height and minimum private street standards on an irregularly-
shaped 1.3 acre property having a frontage of 280 feet on the east side of Magnolia Avenue and a
maximum depth of 260 feet, being located 120 feet south of the centerline of Rome Avenue, and further
described as 820-824 South Magnolia 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
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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, upon the following conditions which are
hereby found to be a necessary prerequisite to the proposed use of the subject properry in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
That the developer shall plant seven (7), twenty four inch (24") box-sized street trees on maximum
thirty (30) foot centers in the parkway along Magnolia Avenue. The minimum width of the
parkway/tree wells shall be sixty inches (60") and the tree species shall be determined upon the
adoption of a new plan by the City's Street Beautification Task Force. Said information shall be
specified on the plans submitted for public street improvements.
2. That decorative bollards or other effective barrier(s) acceptable to the Zoning Division and Police
Department, Communiry Services Division, shall be constructed along the perimeter of the "tot lot."
Said information shall be specifically shown on the plans submitted for building permits.
3. 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 by the City
Traffic and Transportation Manager. Said information shall be specifically shown on the plans
submitted for building permits.
4. That the property ownerldevelop~r shall install street lights on Magnolia Avenue as required by the
Electrical Engineering Division. A bond for the installation of the street lights shall be posted with the
Ciry of Anaheim prior to issuance of building permits; and the street lights shall be installed prior to
issuance of occupancy permits.
5. 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.
6. 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.
7. That all backflow equipment shall be located above ground 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 areas in a manner fully screened from all public streets. Said information shall be
shown on plans and approved by Water Engineering and Cross Connection Control Inspector prior
to submittai for buiiding permits.
8. That since this project has landscaping area 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 pians submitted for building permits.
9. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage area(s) 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
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from adjacent streets or highways. The walls of the storage area(s) 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.
10. 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.
11. That an on-site trash truck turn-around area shall be provided in conformance 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.
12. 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 submitted plans.
13. That all air conditioning facilities and other 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.
14. That all plumbing or other similar pipes and fixtures located on exterior of any buildings 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.
15. 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.
16. 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.
17. That a final landscaping and irrigation plan for subject property shall be submitted to the Zoning
Division for review and approval. Said landscape plans shall show minimum finrenty four inch (24")
box sized trees, shrubs, groundcover, and vines to be planted in layers adjacent to the screen wall
facing Magnolia Avenue, and trees on maximum finrenty (20) foot centers along the north, east and
south 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.
18. That this conditional use permit is granted subject to adoption of a zoning ordinance in connection
with Reclassification No. 2001-00066 and recordation of Final Tract Map No. 16227, now pending.
19. (a) That any required relocation of City electrical facilities shall be at the developer's expense.
(b) That landscaping and/or hardscape screening of a1i pad-mounted equipment shaii be required
and shall be shown on the plans submitted for building permits.
20. That prior to application for water meters, fire line or submitting the water improvement pfans 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 be completed in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules
and Regulations.
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21. That prior to rendering water service, the developer/owner shall submit a set of improvement plans
for Public Utility Water Engineering review and approval in determining the conditions necessary for
providing water service to the project.
22. That the existing driveway approach on Magnolia Avenue, which will not be used for this development,
shall be reconstructed with curb, gutter, sidewalk and parkway landscaping. The developer shall obtain
a Right-of-Way Construction Permit from the Public Works Department. The improvements shall be
completed prior to occupancy of the first home.
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 Nos. 1 through 5, and Exhibit Nos. 6 through 11, and
as conditioned herein.
24. 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, 8, 9, 10, 11, 12, 13, 14, 16, 17,
18, 19(b), 20 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.
25. That prior to final building and zoning inspections, Condition Nos. 4, 22, 23 and 27,
herein-mentioned, shall be complied with.
26. 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.
27. That the "tot IoY' shall be provided with play equipment to the satisfaction of the Planning
Department.
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
March 11, 2002.
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CHAIRPE ON, ANAHEIM PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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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 March 11, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: KOOS
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IN WITNESS WHEREOF, I have hereunto set my hand this o2~ day of
~~ ~ ~~~ , 2002.
,~.~~ ,~.~~.~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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