Resolution-PC 2003-123~
RESOLUTION NO. PC2003-123
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2003-04570 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 WEST HALF OF THE SOUTHEAST QUARTER OF
SECTION 15, TOWNSHIP 4 SOUTH, RANGE 11 WEST S.B.B. & M. DESCRIBED AS
FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF THE WEST HALF OF
THE SOUTHEAST QUARTER OF SAID SECTION 15, AND THENCE WEST ALONG
THE SOUTH LINE OF SAID WEST HALF 166.67 FEET; THENCE NORTH PARALLEL
TO THE WEST LINE OF SAID WEST HALF 314.46 FEET TO A POINT ON THE
SOUTHERLY LINE OF THE RIGHT OF WAY OF THE PACIFIC ELECTRIC RAILWAY
COMPANY; THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE 208.13
FEET TO A POINT ON THE EAST LINE OF THE SAID WEST HALF; THENCE
SOUTH ALONG SAID EAST LINE 188.95 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 August 11, 2003, 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 a~d to investigate a~d mal~e -
findings and recommendations in connection therewith; 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 waivers of the following to construct a 10-unit attached and
detached residential condominium subdivision:
(a) Sections 17.08.036 - Minimum qrivate street standards.
17.08.043
and 17.08.650
(b) Section 18.31.063.020.022 - Minimum structural setback adiacent to interior lot lines.
(12 feet required; 11 feet proposed along the east and west
property lines)
(c) Section 18.31.063.030 - Minimum recreational-leisure area.
(d) Section 18.31.065.010.011 - Minimum distance between buildinqs.
(21 feet required; 7 feet proposed between finro units at the
northwest corner of subject property)
2. That waivers (a), minimum private street standards, and (c), minimum recreational leisure
area, are hereby denied because said waivers were deleted following public notification.
3. That waiver (b), minimum structural setback adjacent to interior lot lines, is hereby
approved on the basis that the request is minimal amounting to a deviation of only one foot from the Code
requirement.
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4. That waiver (d), minimum distance between buildings, is hereby approved on the basis
that the waiver pertains to only finro units.
5. That the above-mentioned waivers (b) and (d) are further granted on basis that there is a
special circumstance applicable to the property consisting of its trapezoidal shape, which does not apply
to other identically zoned property in the vicinity; and that strict application of the Zoning Code would
deprive subject property of privileges enjoyed by other properties in the identical zone and classification in
the vicinity.
6. That there are exceptional or extraordinary circumstances or conditions applicable to the
property involved or to the intended use of the property that do not apply generally to the property or class
of use in the same vicinity and zone.
7. That the requested variance, as approved, is necessary for the preservation and
enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and
denied to the property in question.
8. That the requested 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.
9. That the irregular shape of the property creates a special circumstance applicable to the
subject property which does not apply to other multiple-family developments in the immediate vicinity; and
10. That one e-mail was received_prior to the public hearing expressing conceFn Fegarding
the proposal; 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 a 10-unit attached and detached residential
condominium subdivision with waivers of minimum private street standards, minimum structural setback
adjacent to interior lot lines, minimum recreational leisure area and minimum distance between buildings
on an irregularly-shaped 0.85-acre property having a frontage of 167 feet on the north side of Ball Road
and a maximum depth of 284 feet, being located 653 feet west of the centerline of Knott Avenue and
further desccibed as 3601 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
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 all condominium units shall be assigned a street address (with unit numbers) on Ball Road, as
submitted to the Building Division for review and approval.
2. That final landscaping plans shall be submitted to the Zoning Division for review and approval. Said
plans shall specify plant types, sizes, quantity and locations; and shall 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 Ball Road.
All trees shall be minimum twenty four inch (24") box sized.
3. That approval of this variance is contingent upon approval of General Plan Amendment No.
2003-00411, Reclassification No. 2003-00107 and Tentative Tract Map No. 16557, now pending.
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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. That the developer shall plant three (3), twenty four inch (24") box sized, Tristania conferta trees in
the City right-of-way. The minimum width of the parkway/tree wells shall be five (5) feet. The entire
parkway shall be irrigated by a system supplied from the development and said information shall be
shown on the plans submitted for building permits.
8. The gates shall not be installed across the driveway 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 of the City Traffic and
Transportation Manager prior to issuance of a building permit.
9. That plans 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, 601 and
602 pertaining to parking standards and driveway locations. Subject property shall thereupon be
developed and maintained in conformance with said plans.
10. That roll-up garage doors for each unit shall be shown on the plans submitted for building permits.
Said doors shall be installed and maintained as shown on the approved plans.
11. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
use.
12. 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 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.
13. That all backflow equipment shall be located above ground outside 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 and alleys. Said information
shall be shown on plans and approved by Water Engineering and the Cross Connection Control
Inspector prior to submittal for building permits.
14. That because this project has landscaping area 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 shown on the plans submitted for building permits.
15. 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 Division of the Anaheim Public Utilities Department.
16. 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.
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17. 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.
18. 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.
19. 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.
20. 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
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 the
Streets and Sanitation Division.
21. 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.
22. That subject property s.hall_be developed_substa~tially-in accorda~ce with plans aFld specifieations --
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 5, and as conditioned herein.
23. 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, 10, 12, 13, 14, 15, 16, 17, 19,
20, 21 and 26, herein-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.
24. That prior to final building and zoning inspections, Condition No. 22, above-mentioned, shall be
complied with.
25. 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.
26. That the applicant shall provide a plan to the Zoning Division for review and approval showing
enhancements to the driveway, including treatments such as stamped and colored concrete and
landscaping planters. Staff's decision may be appealed to the Planning Commission as a'Reports
and Recommendations' item.
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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission~meeting of
August 11, 2003.
CH RPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior 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 August 11, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK
VACANCY: COMMISSIONERS: ONE SEAT _ _ _ -
IN WITNESS WHEREOF, I have hereunto set my hand this ~"~~ day of
, 2003.
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IOR SE~RETARY. ANAHEIM CITY PLANNING COMMISSION
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