Resolution-PC 2003-20~ •
RESOLUTION NO. PC2003-20
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04652 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:
PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 143, PAGE 31 OF PARCEL
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 January 27, 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 conditional use permit and to
investigate and make 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 proposed_ use is. properly one for which a co.nditionaLuse p_ermit is auth.ori~ed by
Anaheim Municipal Code Section 18.31.050.090 to wit: to construct seven (7) detached one-family
condominium dwellings with waivers of the following:
(a) Sections 17.08.036 - Minimum private street standard.
17.08.043 Sidewalks on both sides of the private street required;
and 17.08.650 none proposed)
(b) Sections 18.04.043.100.101 - Maximum fence heiqht.
and 18.31.064.0070
(c) Section 18.31.063.020.021 - Minimum setback adiacent to interior lot lines.
18.31.063.020.022 9 feet required along the east and west property lines,
and 18.31.063.020.023 7 feet proposed for Units 1, 2, 5, 6 and7;
9 feet required between units,
6 feet proposed between Units 4 and 5, and Units 5 and 6)
1. That waiver (a), minimum private street standard, is hereby approved based on special
circumstances applicable to the proposal which consist of the limited size of the proposed development,
the short length of the proposed private street and the number of dwellings served, and the
impracticabiliry of employing a conforming plan or layout; that the Public Works Department concurs with
the proposal; and that the proposed private street widths are adequate to serve the residences provided
that enhanced paving is installed on either side of the private street.
2. That waiver (b), maximum fence height, is hereby denied on the basis that ir was deleted
following public notification.
3. That waiver (c), minimum setback adjacent to interior lot lines, is hereby approved on the
basis that the RM-3000 Zone development standards anticipate large scale multiple-unit buildings rather
than individual detached dwellings, as proposed, with setbacks similar to regular single family residential
zones; that similar waivers have been previously approved elsewhere; and that the proposed building
elevations do not promote visual impacts between the side yards of neighboring units.
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4. That the proposed use is properly one for which a conditional use permit is authorized by
the Zoning Code.
5. 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.
6. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare.
7. 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.
8. That 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.
9. That no one indicated their presence at the public hearing in opposition to the proposal;
that one e-mail correspondence was received prior to the hearing with questions regarding the proposal;
and that no correspondence was received in opposition to the proposal.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to construct a 7-unit detached one family residential
condominium subdivision with waivers of the minimum private street standard sidewalks, maximum fence
height ar~d minimum setback adjacent to interior lot tirres on a-O:G-acre-property having-a #ror~~age o# '~00
feet on the north side of Lincoln Avenue, a maximum depth of 260 feet, being located 230 feet east of the
centerline of Bel Air Street, and further described as 2865 West Lincoln 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 safery 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 thirty (30)
foot centers in the parkway along Lincoln Avenue. The minimum width of 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 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 vehicular 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 plans
submitted for building permits.
That the property owner/developer shall install street lights on Lincoln Avenue as required by the
Electrical Engineering Division. A bond to guarantee said installation shall be posted with the City
of Anaheim prior to issuance of building permits. The streetlights shall be installed prior to
occupancy.
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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 that said plans shall be subject to review and approvaf 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
perm its.
6. That all backflow equipment shall be located above ground and 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. Said information shall be
shown on plans approved by Water Engineering and Cross Connection Control Inspector before
submittal for building permits.
7. That because this project has landscaping areas exceeding finro 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 specifically shown on the plans submitted for building permits.
~. ~hat trash storage area(s) shaff be provided anct maintained-ir~ IocatioR(s) aeeep~able to #he Pubfic-
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 area(s) 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 Planning Department and Public Works Department,
Streets and Sanitation Division, review and approval.
9. 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.
10. That an on-site trash truck turn-around area shall be provided in compliance with Engineering
Standard Detail No. 610 and 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.
11. 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.
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. Such information shall be
specifically shown on the plans submitted for building permits.
13. That all plumbing and other similar pipes and fixtures located on the exterior of any 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.
14. That the property shall be permanently maintained in an orderly fashion though the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
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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 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 twenty four inch
(24") box sized trees, shrubs, groundcover and vines to be planted in layers adjacent to the two (2)
screen walls facing Lincoln Avenue, and evergreen trees on maximum twenty (20) foot centers
along the north property line. Said plans shall specify enhanced paving at the entrance from
Lincoln Avenue and along the private street (four (4) feet in width) in lieu of sidewalks. Any
decision made by the Zoning Division regarding said plans may be appealed to the Planning
Commission and/or City Council. All trees shall be properly and professionally maintained to
ensure mature and healthy growth.
17. That this Conditional Use Permit is granted subject to adoption of a zoning ordinance in connection
with Rectassification No. 2002-00090 and recordation of a Final Map in connection with Tentative
Tract Map No. 16489, now pending.
18. That final sign plans for the two (2) identification monument signs shall be submitted to the Zoning
Division for review and approval prior to issuance of building permits. Said plan shall show
compliance with Code Section 18.05.080 pertaining to (Signs Permitted in Residential Zones -
General).
19. That any required relocation of City electrical facilities shall be at the developer's expense; and that
- tandscaping anct/or hardscape screer~ing of aN pad-moa~t~ed equiprr~ent sha4l-be Fequired and shal4
be shown on the plans submitted for building permits.
20. That prior to application for water meters or fire lines or submittal of 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 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.
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 to determine the conditions necessary for
providing water service to the project.
22. That all condominium units shall be assigned street addresses; and that the street 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.
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 Exhibit Nos. 1 through 8, 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, 15, 16, 17,
18, 19, 22, 27 and 28, 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.
25. That prior to final building and zoning inspections, Condition Nos. 20, 21, 22 and 23,
above-mentioned, shall be complied with.
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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 final elevation plans shall be submitted to the Zoning Division for review and approval.
Any decision by Zoning Division may be appealed to the Planning Commission as a'Reports and
Recommendations' item.
28. That two (2) additional guest parking spaces shall be incorporated into the site plan outside the
required twenty (20) foot landscaped setback along Lincoln Avenue.
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
Resofution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 27, 2003.
C AIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
i~~.~.~+
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 January 27, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BRISTOL, EASTMAN, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN, KOOS, ROMERO
t IN WITNESS WHEREOF, I have hereunto set my hand this ~ Jr ~ day of
~G b r ~ a,r , 2003.
/~~~~t~a~-..o
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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