Resolution-PC 2002-45•
RESOLUTION NO. PC2002-45
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2002-04480 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:
THAT PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 11
WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK
51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE EAST 5 ACRES OF SAID
SOUTH HALF; THENCE ALONG THE SOUTH LINE OF SAID SOUTHWEST
QUARTER OF SECTION 13, SOUTH 89° 59' 15" WEST 110.00 FEET TO THE
SOUTHEAST CORNER OF THAT CERTAIN LAND DESCRIBED IN DEED TO
WILLIAM H. BRINING RECORDED MAY 31, 1956 IN BOOK 3530, PAGE 20, OF
OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE NORTHERLY ALONG
THE EASTERLY LINE OF SAID LAST MENTIONED LAND 279.86 FEET TO THE
SOUTHERLY LINE OF TRACT NO. 2228 AS SHOWN ON A MAP RECORDED IN.
BOOK 69, PAGES 34 THROUGH 37 OF MISCELLANEOUS MAPS, RECORDS OF
SAID ORANGE COUNTY, THENCE EASTERLY ALONG SAID LAST MENTIONED
SOUTHERLY LINE AND THE SOUTHERLY LINE OF THAT CERTAIN LAND
DESCRIBED IN DEED TO VANDRUFF HOMES, INC., RECORDED MAY 5, 1955 IN
BOOK 3056, PAGE 47 OF SAID OFFICIAL RECORDS, A DISTANCE OF 110.00
FEET TO THE WESTERLY LINE OF SAID EAST 5 ACRES; THENCE SOUTHERLY
ALONG SAID LAST MENTIONED LINE 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 March 25 , 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 variance and to investigate and make
findings and recommendations in connection therewith; that the hearing was continued from the
February 25 and March 11, 2002 Planning Commission meetings; 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 repo~ts offered at said hearing,
does find and determine the following facts:
1. That the petitioner proposes waivers of the following to construct an 18-unit, two- and
three-story apartment complex:
(a) Section 18.34.062.012 - Maximum structural height.
(Permitted: 1-story apartment structures within 150 feet of single-
family residential zoning, and ~
2-stories when located no closer than 50 feet if no visual intrusion from
second story towards single-family residential zoning;
Proposed: 3-stories (2-story apartments over subterranean parking
garage) 50-150 feet from RS-7200 zoning to the north, and
2-stories (1-story apartments over subterranean parking garage) 50
feet from RS-7200 zoning to the north)
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(b) Section 18.34.063.011 - Minimum structural setback adjacent to an arterial hi hway.
2. That waiver (a), maximum structural height, is hereby approved on the basis that the
design of the proposal (a one- and two-floor apartment complex over a one-level completely subterranean
garage) differs from other RM-1200 zoned apartment complexes in the vicinity; that the proposal,
although defined by the Zoning Code as a 2- and 3-story project, has a completely subterranean garage
and, therefore, looks like a 1- and 2-story project; and that the second floor apartments will not visually
intrude on adjacent single family residences to the north because there are no second floor windows or
balconies facing the RS-7200 zoning to the north.
3. That waiver (b), minimum structural setback adjacent to an arterial highway, is hereby
denied because following public notification it was determined the waiver was unnecessary.
4. That, with the exception of the height waiver, the proposal complies with all other
development standards for the RM-1200 Zone and satisfies the intent of the RM-1200 zone pertaining to
structural height; and that strict application of the Zoning Code would deprive the property from being.
developed to a density enjoyed by adjacent complexes.
5. That this variance, as approved, is hereby on the basis that there are special
circumstances applicable to the property consisting of its location and surroundings which do not apply to
other identically zoned property in the vicinity.
6. That this variance, as approved, is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the sam.e vicinity and zone, and denied to the
property in question.
7. That this variance, as approved, will not be materially detrimental to the public welfare or
injurious to the property or improvements in such vicinity and zone in which the property is located.
8. That one letter in favor of the proposal was submitted by the applicant.
9. That seven people spoke at the public hearing in opposition to the proposal; that two
letters in opposition were received at the hearing; and that a letter in opposition was received from
WAND (the West Anaheim Neighborhood Development Council) prior to the March 25, 2002 meeting.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal for waiver of (a) maximum structural height and (b)
minimum structural setback adjacent to an arterial highway (deleted) to construct an 18-unit, two- and
three-story apartment complex on a rectangularly-shaped 0.57-acre property having a frontage of 110
feet on the north side of Ball Road and a maximum depth of 227 feet, being located 328 feet west of the
centerline of Dale Avenue, and further described as 2823 West Ball Road; and does hereby approve the
Negative Declaration upon finding that the declaration reflects the 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 substantiai evidence that the project wili 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:
1. That the legal property owner shall submit an application for a Subdivision Map Act Certificate of
Compliance to the Public Works Department, Development Services Division; and that prior to
issuance of a building permit, a Certificate or Conditional Certificate of Compliance shall be
approved by the City Engineer and recorded in the Office of the Orange County Recorder.
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2. That the developer shall pay the Sewer Capacity Mitigation Fee for the West Anaheim Area.
3. That gates shall not be installed across the driveway in a manner which may adversely affect
vehicular traffic in the adjacent public street (Ball Road). 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 prior to issuance of a building permit.
4. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with the most current versions of Engineering Standard Plan Nos. 436 and
601/602 pertaining to parking standards and driveway locations. Subject property shall thereupon
be developed and maintained in conformance with said plans.
5. That the driveway on Ball Road shall be constructed with ten (10) foot radius curb returns as
required by the City Engineer in conformance with Engineering Standard No. 137. Said information
shall be specifically shown on the plans submitted for building permits.
6. That no required parking area shalt be fenced or otherwise enclosed for storage use.
7. That no "compacY' or "small car" parking spaces shall be permitted.
8. That an on-site trash truck turn around area shall be provided in accordance with Engineering
Standard Detail No. 610 and shall be shown on the plans as required by the Department of Public
Works, Street Sweeping and Sanitation Division. Said information shall be specifically shown on the
plans submitted for building permits,
That all vehicle ramps and grades shall conform with Engineering Standard Plan No. 402, and shall
be approved by the City Traffic and Transportation Manager. Said information shall be specifically
shown on the plans submitted for building permits.
10. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with the Engineering Standard No. 137 pertaining to sight distance visibility for
sign or wall/fence locations.
11. 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, 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.
12. 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.
13. That fhe location(s) for future above-ground utiiity devices inciuding, 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.
14. That all requests for new water service or fire lines, as well as any modifications, relocations or
abandonment of existing water services and fire lines, shall be coordinated through the Water
Engineering Division of the Anaheim Public Utilities Department.
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15. That because this project has landscaping areas exceeding two thousand five hundred (2,500)
square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19
"Landscape Water Efficiency" of the Anaheim Municipal Code and Ordinance No. 5349. Said
information shall be specifically shown on the plans submitted for building permits.
16. 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 Public Utilities Department, Water
Engineering Division. 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.
17. That the property owner/developer shall install street lights on Ball Road as required by the Electrical
Engineering Division. A bond to guarantee installation of the street lights shall be posted with the
City of Anaheim prior to issuance of a building permit; and the street lights shall be installed prior to
issuance of a certificate of occupancy.
18. That the property owner/developer shall provide the City of Anaheim with a public utilities easement
to be determined as electrical design is completed.
19. That any required relocation of City electrical facilities shall be at the developer's expense.
Landscape and/or hardscape screening of all pad mounted equipment shall be required and shall be
shown on the plans submitted for building permits.
20. That a six (6) foot high masonry block wall with a stucco finish shall be constructed and maintained
along the north and east property lines, excepting the front setback where the wall height shall not
exceed three (3) feet; provided, however, that the City Traffic and Transportation Manager shall
have the authority to reduce the height of the wall to protect visual lines-of-sight where pedestrian
and/or vehicular circulation intersect. Clinging vines to eliminate graffiti opportunities shall be
planted on maximum five (5) foot centers adjacent to said wall; and the vines shall be properly
irrigated and maintained thereafter. Said information shall be specifically shown on the plans
submitted for building permits.
21. 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.
22. That ~nal building elevation plans (including materials and colors), courtyard landscaping plans, site
landscaping plans, mechanical equipment plans, and sign plans shall be submitted to the Zoning
Division for review and approval.
(a) The final building elevations shall show minimum twenty four (24) inch off-sets on the building
elevations.
(b) The final landscaping plans shall show minimum twenry four (24) inch to thirty six (36) inch box
sized screening trees shall be planted on minimum twenty (20) foot centers adjacent to the
north and east property lines, and a minimum of five (5), thirty six (36) inch box sized trees
which shall be planted adjacent to Ball Road.
Any decision made by the Zoning Division regarding said buifding and/or lanciscaping plans may be
appealed to the Planning Commission and/or City Council.
23. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dies.
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24. That no north-facing windows or balconies shall be permitted for the second floor apartment units
which are visible to the north property line in order to prevent any visual intrusion towards the
existing single-family residences. Said information shall be specifically shown on the plans
submitted for building permits.
25. That, if required by the Urban Forestry Division of the Community Services Department, street trees
shall be installed by the property owner within the public right-of-way adjacent to Ball Road. The
size, type and number of trees shall be provided to the satisfaction of the Urban Forestry Division.
26. That all air conditioning facilities and other roof and ground-mounted equipment shall be properly
shielded from view, and the sound buffered from adjacent residential properties and the public
right-of-way. Such information shall be specifically shown on the plans submitted for building
permits.
27. That lighting fixtures for the proposed surface parking area located adjacent to any residential
property shall be down-lighted with a maximum height of twelve (12) feet. Said lighting fixtures shall
be directed away from the adjacent residential property lines to protect the residential integrity of the
area. This information shall be specified on the plans submitted for building permits.
28. That four (4) foot high street address numbers shall be displayed on the roof of the building in a
contrasting color to the roof material. The numbers shall not be visible to the adjacent street or
properties. Said information shall be specifically shown on the plans submitted for building permits.
29. That this Variance is granted subject to adoption of a zoning ordinance in connection with
Reclassification No. 2002-00067, now pending...
30. 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, 2, 3, 4, 5, 6, 7, 8, 9 and 10, and as conditioned herein.
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, 4, 5, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19,
20, 22, 24, 26, 27, 28 and 29, 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. 25 and 30, 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 Anaheim Ciry Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon appiicant'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 25, 2002.
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CHAIRPER N, ANAHEIM CI PLANNING COMMISSION
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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 March 25, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL
NOES: COMMISSIONERS: EASTMAN, KOOS
ABSENT: COMMISSIONERS: VANDERBILT
IN WITNESS WHEREOF, I have hereunto set my hand this ~ T""~ day of
, 2002.
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SEC-RETARY, ANAHEIM_CITY PLANf~11NG COMMISSION
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