Resolution-PC 2003-28i
RESOLUTION NO. PC2003-28
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04635 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:
THE WEST 150.00 FEET OF LOT 7 IN BLOCK 17 OF A SUBDIVISION OF THE
SOUTH HALF OF SECTION 21, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 1, PAGE 33 OF MISCELLANEOUS RECORD MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THE NORTH 300.00 FEET THEREOF.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on January 13, 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 that said public hearing was continued to the
February 10, 2003 Planning 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 Section 18.32.050.045 to wit: to construct a 16-unit attached residential condominium
subdivision in the RM-2400 (Residential, Multiple-Family) Zone with the following waivers of:
(a) Sections 17.08.650
and 18.04.080.020
(b) Sections 18.06.050.010.012.0121
and 18.32.066.010
Minimum private street standards.
Minimum number of reQUired parkina spaces.
(c) Section 18.32.062.012 - Maximum structural heiqht within 150 feet of a sinqle-familv
residential zone.
(1-storv attached dwellinqs permitted within 150 feet of RS-7200
zoninA, provided that if there is no visual intrusion from the 2"
storv. 2-storv attached dwellinqs permitted a minimum of 50 feet
from RS-7200 zonina;
2-stories proposed 30 feet from RS-7200 zonina to the west and
24 feet from RS-7200 zoninQ to the north)
(d) Section 18.32.080.010 - Maximum site coveraae.
(e) Section 18.32.063.020.028 - Minimum landscaped setback abuttin4 sinqle-familv residential
development.
(20-foot wide fully landscaped setback required along the west
and north property lines abutting RS-7200 zoning;
none to 24 feet proposed between a trash truck turn-around and
the north property line)
(~ Section 18.32.080.020
Minimum reauired recreational leisure area.
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2. That waivers (a), (b), (d) and (~ (pertaining to minimum private street standards, minimum
number of required parking spaces, maximum site coverage and minimum required recreational leisure area)
are hereby denied because revised plans were submitted eliminating the need for said waivers.
3. That waivers (c) and (e) (pertaining to maximum structural height within 150 feet of a single-
family residential zone and minimum landscaped setback abutting single-family residential development) are
hereby approved based on the special circumstances applicable to this property consisting of its location (being
surrounded on two sides by single family residential zones) and its shape (being long and narrow which makes
compliance with single family zoned standards difficult), and which circumstances do not apply to other
identically zoned properties in the vicinity; and that the revised plans demonstrate a less dense attached
residential project which is more conducive to adjacent single family development, having less building mass
and greater articulation.
4. That strict application of the Zoning Code would deprive the property of privileges enjoyed by
other properties under identical zoning classification in the vicinity.
5. That the proposed use, as approved, 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, as approved, 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 traf~ic generated by tkee pFOposed use; as-approvedr will_not..imp.ose. an_und.ue burden
upon the streets and highways designed and improved to carry the traffic in the area.
8. That granting this conditional use permit, , as approved and under the conditions imposed, will
noi q@ iiei~i~tl~liai i~ ii i8 N28~c, i ic^8~.~, ~G$@.~ u^~ ^y°nor4~ ;ynlf~~Q ~f #hP ~iti~Pn~ ~f the ~i#y of Anaheim.
9. 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 16-unit attached residential condominium subdivision with waivers of
minimum private street standards (deleted), minimum number of required parking spaces (deleted), maximum
structural height within 150 feet of a single-family residential zone, maximum site coverage (deleted), minimum
landscaped setback abutting single-family residential development 20-foot wide fully landscaped setback
required; 0 to 24 feet proposed along the north property line and minimum required recreational leisure area
(deleted) on a rectangularly-shaped 1.07-acre property having a frontage of 150 feet on the north side of Katella
Avenue and a depth of 309 feet, being located 160 feet east of the centerline of Carnelian Street, and further
described as 1597 West Katella 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, in part (denying waivers (a), (b), (d) and (~), 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 the developer shall plant finrenty four (24) inch box sized Liriodendron Tulipifera trees on forty (40) foot
centers in the parkway. The minimum width of parkway tree wells shall be five (5) feet. The entire parkway
shall be irrigated by a system supplied by the development; and that said information shall be shown on
the plans submitted for building permits.
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2. That gates shall not be instalied 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 that all driveways on Katella Avenue shall be constructed with ten (10) foot
radius curb returns as required by City Engineering Standard 137. Said requirements shall be subject to
the review and approval of the City Traffic and Transportation Manager. Said information shall be
specifically shown on the plans submitted for building permits.
3. That an on-site trash truck turn-around area shall be provided in compliance 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.
4. That the property owner/developer shall install street lights on Katella Avenue and within the project, as
required by the Electrical Engineering Division of the Public Utilities Department. A bond for the installation
of the street lights shall be posted with the City of Anaheim prior to issuance of building permits. The street
lights shall be installed prior to occupancy.
5. That any required refocation 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.
6. That the location(s) 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. Such plans shall also identify the specific screening treatment of each
device (i:e., tandscape screening~-color of wra4ls, m- ateKials, identifi~r-s, access-poin#s, etc.); and_ that said
screening treatment shall be subject to review and approval by the appropriate City departments.
7. That all backflow equipment shall be located above ground outside the street setback area in a manner
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brought up to current standards. Any other large water system equipment shall be installed to the
satisfaction of the Water Engineering Division of the Public Utilities Department 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, which shall be approved by the Water Engineering and Cross
Connection Control Inspector prior to submittal of plans for building permits.
8. That because this project has landscaping areas 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 City Ordinance No. 5349. Said information shall be shown
on the plans 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 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.
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 roll-up garage doors for each dwelling shall be shown on the plans submitted for building permits.
Said doors shall be installed and maintained as shown on the approved 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.
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13. That all plumbing or other similar pipes and fixtures located on the exterior of a 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 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 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 finrenty four (24) inch box sized trees,
shrubs, groundcover and vines to be planted in layers in common areas, and trees on maximum twenty
(20) foot centers along the north (exclusive of the turnaround) and west property lines. A total of eight (8)
trees shall also be planted adjacent to Katella Avenue. Any decision made by the Zoning Division
regarding said landscaping and irrigation plan 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
Reclassification No. 2002-00085 and recordation of the Final Tract Map No. 16465, now pending.
18. That prior to application for water meters, fire lines or submittal of the water improvement plans for
approval; the developerfowner shall submit an estimate-of the maximum fire flow rate and ..maximuro. day
and peak hour water demands for the project to the Water Engineering Division of the Public Utilities
Department. 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
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19. That all requests for new water services or fire lines, as well as any modifications, relocations or
abandonment of existing water services and/or fire lines, shall be coordinated through the Water
Engineering Division of the Public Utilities Department.
20. That prior to rendering water service, water improvement plans shall be submitted to the Water
Engineering Division for review and approval; and that a performance bond in the amount approved by the
City Engineer and approved City Attorney shall be posted with the City of Anaheim.
21. That the streets, sanitary sewers and storm drains within the development shall be privately maintained.
22. That final precise floor plans and final precise elevation plans shall be submitted to the Zoning Division for
review and approval. The elevation plans shall show additional architectural enhancements incorporated into
the project. Any decision by the Zoning Division may be appealed to the Planning Commission as a`Reports
and Recommendations' item.
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 No. 1 and Exhibit No. 2, 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 and 22,
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 No. 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.
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.
10, 2003.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February
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CHAIRPERSON, ANAHEIM CITY PLANNING OMMISSION
ATTEST:
i~~~~tT~~s.v
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORfVFA } - _
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM 1
~~ `~~a~ ~~~ ,~A~;; ~~~ ~C,~n~nr Q,grrclM ~, ~f tnp anahPim ~i#y Pl~nning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission
held on February 10, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN W ITNESS W HEREOF, I have hereunto set my hand this o2 5~" day of ~~ ~o ~ u ary,
2003.
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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