Resolution-PC 2002-95~ .
RESOLUTION NO. PC2002-95
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04561 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:
THAT PORTION OF PARCEL 4 AS PER MAP FILED IN BOOK 34, PAGE 38 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 4 THENCE NORTH
89° 38' 40" EAST, 152.81 FEET; THENCE SOUTH 10° 13' 24" WEST 209.20 FEET TO
A POINT ON THE SOUTH LINE OF PARCEL 4; THENCE WEST ALONG THE
SOUTHERLY LINE OF. PARCEL 4 TO THE SOUTHWEST CORNER OF SAID
PARCEL 4; THENCE NORTH ALONG THE WESTERLY LINE OF PARCEL 4 TO THE
POINT OF B~GINNING AS SHOWN ON THAT CERTAIN LOT LINE ADJUSTMENT
RECORDED JUNT 9, 1982, AS INSTRUMENT NO. 82-196740, OFFICIAL RECORDS.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on June 3, 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 Munici~al 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 June 17, 2002 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
Anaheim Municipal Code Sections 18.32.050.045 and 18.32.080, to wit: to construct an 11-unit attached
residential condominium complex in the RM-2400 (Residential, Multiple-Family) Zone.
2. That the proposed use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located.
3. That the size and shape of the site for the proposed use is adequate to allow full
deveiopment of the proposai in a manner not detrimentai to the particular area nor to the peace, heafth,
safety and general welfare; and that no waivers from Zoning Code development standards were
requested.
4. That the traffic generated by the proposed use wili not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
5. 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.
6. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to construct an 11-unit attached residential
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condominium complex on a 0.63-acre property having a frontage of 150 feet on the south side of Orange
Avenue and a maximum depth of 209 feet, being located 809 feet west of the centerline of Western
Avenue, and further described as 3254 West Orange 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, 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 all the residential condominium units shall be assigned street addresses; and that the name for
the private street (if requested by the developer or required by the City) shall be submitted to and
approved by the Building Division.
2. That final landscaping plans shall be submitted to the Zoning Division for review and approval. Said
plans shall specify plant types, size, quantity and location. Said plans shall also show landscaped
pockets between the garage doors, a minimum of one (1) tree within the rear yard of each unit, and
a layered landscape concept consisting of trees, shrubs and groundcover in the setback adjacent to
Orange Avenue. All trees shall be minimum twenty four (24) inch box in size.
3. That approval of this conditional use permit is contingent upon approval of Reclassification
No. 2002-00074 and Tentative Tract Map No. 16333, now pending. _
4. That the City of Anaheim sewer connection fee shall be paid.
5. That the sewer system for this development shall be privately maintained.
6. That the developer shall pay the Sewer Capacity Mitigation Fee for the West Anaheim Area.
7. The gates shall not be installed across the driveway 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 review and approval by the City Traffic and Transportation
Manager prior to issuance of a building permit.
8. 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, 601
and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon
be developed and maintained in conformance with said plans.
That roll-up garage doors shall be shown on the plans submitted for building permits. Said doors
shail be installed and maintained as shown on the approved plans.
10. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
uses.
11. That the locations for future above-ground utility devices including, but not limited to, electrical
transformers, water back flow 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.), which screening treatment shall be subject to review and approval by the appropriate
City departments. ,
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12. 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.
13. That all plumbing or other similar pipes and fixtures located on the exterior of the 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.
14. 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.
15. 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.
16. 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 4, and as conditioned herein.
17. 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, 6, 7, 8, 9, 11, 12, 13 and 15,
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.
18. That prior to final building and zoning inspections, Condition No. 16, above-mentiooed, shall be
complied with.
19. 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 nuil and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 17, 2002.
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CHAIRPE ON, ANAHEIM CI LANNING 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 Femandes, 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 June 17, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ ~ day of
, 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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