Resolution-PC 2003-59~
RESOLUTION NO. PC2003-59
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04681 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 1: THE WEST HALF OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 18,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE SAN JUAN CAJON DE SANTA ANA,
AS PER MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THE NORTH 66.00 FEET THEREOF, AND EXCEPT FROM THE
REMAINDER OF SAID LAND, THE NORTH 150.00 FEET OF THE WEST 200.00 FEET,
MEASURED ALONG THE NORTH AND WEST LINES THEREOF.
PARCEL 2: THE NORTH 216 FEET, MEASURED ALONG THE WEST LINE OF THE
WEST 200 FEET, MEASURED ALONG THE NORTH LINE OF THE WEST ONE-HALF OF
THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF THE
NORTHEAST ONE-QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10
WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SA- I-D SECTION IS
SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THE NORTH 66.00 FEET THEREOF.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on April 21, 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 conditional use permit is authorized by
Anaheim Municipal Code Sections 18.31.050.090, 18.44.050.220 and 18.55.042 to wit: to construct 32
attached and 50 detached `affordable' residential condominium units with a and with waivers of the
following:
(a) Section 18.04.045.0140 - Minimum front vard setback.
(35-foot minimum building setback required along Lincoln
Avenue;
28.1 to 34.7 feet proposed for 16 units fronting on Lincoln
Avenue)
(b) Sections 18.06.050.010.012.0121 - Minimum number of qarkinq spaces.
18.06.080
and 18.31.066.010
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(c) Section 18.31.062.010.012 - Maximum structural height adiacent to a sinqle family
residential zone.
(1-storv permitted within 50 feet of a single-family residential
zone boundary, and 2-stories qermitted between 50 to 150
feet from a single-family residential zone boundary when
there is no visual intrusion;
2-stOry dwelling units proposed 11 to 88.5 feet from seven
RS-7200 `Residential, Single-Family' zoned dwellings to the
south and west)
(d) Sections 18.31.063.020.024 - Minimum landscaqed setback adiacent to a sinqle-familv
and 18.31.063.020.026 residential zone.
(20-foot wide landscaped setback with one tree planted per
20 lineal feet required along an RS-7200 zone boundary;
11-foot setback proposed between Lot No. 20 and RS-7200
zoning to the south)
(e) Section 18.31.063.020.022 - Minimum interior setback.
(9 feet required for building walls containing windows
opening to habitable rooms;
5 to 8 feet proposed)
(f) Section 18.31.063.020.021 - Minimum distance between buildinqs.
(20 feet required befinreen building walls containing main
entrances;
7 to 20 feet proposed)
2. That the proposed project complies with the permitted residential density for the subject
8.8-acre property and zoning (maximum 127 units permitted in the RM-3000 zone based on 14.5 dwelling
units/acre; 82 dwelling units proposed, which is a densiry of 9.3 units/acre); and that, therefore, the
petitioner has requested five alternative Incentives (i.e., waivers (a) minimum front yard setback, (c)
maximum structural height within 150 feet of a single-family zone boundary, (d) minimum landscaped
setback abutting a single-family residential zone, (e) minimum interior setback and (f) minimum distance
between buildings) in lieu of a Density Bonus as permitted under Section 18.99.030.020 of the Anaheim
Municipal Code and Section 65915 of the California Government Code; and that, as discussed in the
Staff Report to the Planning Commission dated April 21, 2003, the petitioner has submitted a detailed
financial analysis prepared by an independent economic consultant specializing in real estate valuation
and redevelopment to justify said Incentives (waivers) in lieu of a Density onus as permitted under the
afore-mentioned Code Sections and that said financial analysis and study conclude that the equivalent
financial value of a Density Bonus would exceed the value of all five requested Incentives.
3. That waivers (a) minimum front yard setback, (c) maximum structural height within 150
feet of a single-family zone boundary, (d) minimum landscaped setback abutting a single-family
residential zone, (e) minimum interior setback and (fl minimum distance between buildings, are hereby
approved based on a detailed financial analysis having been prepared for this development proposal, as
discussed in the preceding paragraph, to justify Incentives (waivers) in lieu of a Density Bonus as
permitted under Section 18.99.030.020 of the Anaheim Municipal Code and Section 65915 of the
California Government Code; that said financial analysis and study concludes that the equivalent
financial value of the Density Bonus exceeds the value of all five requested Incentives; that the RM-3000
Zone standards were intended for attached townhouse-style development and not small-lot single-family
development which is proposed on a majority of the subject property; and that similar waivers have been
granted for similar small lot single-family developments.
4. That waiver (b), minimum number of parking spaces, is hereby denied on the basis that it
was deleted following public notification.
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5. That the proposed detached and attached residentiai condominium subdivision, as
designed and conditioned herein, will not adversely effect 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 detached and attached residential
condominium subdivision is adequate to allow full development of 82 units in a manner not detrimental to
the surrounding residential neighborhoods.
7. That the traffic generated by the proposed detached and attached residential
condominium subdivision will not impose an undue burden upon the streets and highways designed and
improved to carry the traffic in the area.
8. That granting this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, heath, safety and general welfare of the citizens of the City of Anaheim.
9. That the selected Incentives (i.e., the waivers) will contribute significantly to the ability of
the Eligible Housing Development (i.e., the development proposal) to provide housing to Lower Income
Households and Very Low Income Households at Affordable Housing Costs.
10. That the selected Incentives are compatible with the character of the Eligible Housing
Development and the surrounding area, relative to other Incentives (waivers) which might be granted.
11. That the selected Incentives will not have a detrimental impact on municipal services and
infrastructure, such as traffic volumes and road capacities, school enrolfinents, recreational resources
_and parks and water, sewer and storm drain_facilities, andwill be compatible wi~h the p~blic health, sa#ety
and welfare; provided that if every Additional Incentive which might be selected would have a detrimental
impact on such services and infrastructure, the selected Incentives shall cause the least impact, relative
to other Additional Incentives which might be granted, on services and infrastructure.
12. That one person spoke at the public hearing in favor of the proposal, but expressed
concern about the vacant lot at the southwest corner of the subject site.
13. That one person spoke at the public hearing with concerns and suggestions; 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 32 attached and 50 detached `affordable'
residential condominium units with a Density Bonus and waivers of (a) minimum front yard setback, (b)
minimum number of parking spaces, (c) maximum structural height adjacent to a single-family residential
zone, (d) minimum landscaped setback adjacent to a single-family residential zone, (e) minimum interior
setback and (fl minimum distance between buildings on a rectangularly-shaped 8.8-acre property, having
a frontage of 660 feet on the south side of Lincoln Avenue and a maximum depth of 580 feet, being
located 650 feet east of the centerline of Gilbert Street, and further described as 2300 - 2340 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, 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 final landscaping plans (including front yard landscaping) and fencing plans for the subject
property shall be submitted to the Zoning Division for review and approval. Said plans shall show -
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minimum twenty four (24~ in~h box sized trees in the front yard of each home, screening trees
planted twenty (20) feet on-c~nter along the south property line adjacent to the single-family
dwellings in the RS-7200 (R~sidential, Single-Family) Zone, and one (1) tree for every twenty (20)
feet of street frontage along Lincoln Avenue planted in the landscaped setback adjacent to Lincoln
Avenue. Any decision mad~ by the Zoning Division regarding said landscaping and fencing plans
may be appealed to the Planning Commission and/or City Council. All trees shall be properly and
professionally maintained by~ the homeowners association to ensure mature and healthy growth.
2. That final building elevation p~lans, a colors and materials board, and 'street presentation' plans,
showing building articulation and architectural embellishments for all elevations, shall be submitted
to the Zoning Division and the Community Development Department for review and approval by the
Planning Commission as .a 'Fteports and Recommendations' item.
That the City of Anaheim s~uwer connection and sewer capacity mitigation fee for the West Anaheim
area shall be paid.
4. That the developer shall pfairnt minimum twenty four (24) inch box sized trees on maximum thirty (30)
foot centers in the parkway, mr minimum fifty two (52) inch square tree wells, in the public right-of-
way along Lincoln Avenue. Said information shall be specifically shown on plans submitted for
Planning Department and ~~wblic Works Department approval.
5. That the property owner/dev~eloper shall install street lights on Lincoln Avenue as required by the
Electrical Engineering Divisi~o~. A bond to guarantee 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 occupancyo uf the first dwelling unit.
6. That all backflow equipment shall be located above ground outside the street setback areas in a
manner fully screened from a~ll 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 Wa.fer Engineering Division in either underground vaults or outside the
street setback areas in a manner fully screened from all public streets and alleys. Prior to submittal
of plans for building permits. said information shall be shown on plans submitted to the Water
Engineering and Cross Connection Control Inspector for review and approval.
7. That because this project h~s landscaping areas exceeding two thousand five hundred (2,500)
square feet, a separate irrig~~ion 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.
8. That all requests for new water services or fire lines, as well as any modifications, relocations or
abandonment of existing vua.ter services and fire lines, sha~l be coordinated through the Water
Engineering Division of the anaheim Public Utilities Department.
9. That gates shall not be installl~ed across any driveway or private street in a manner which may
adversely affect vehicular tra'ffic in the adjacent public street. Installation of any gates shall conform
to Engineering Standard Plan No. 609 and shalt be subject to review and approval by the City Traffic
and Transportation Manage~. Said information shall be specifically shown on the plans submitted for
building permits.
10. Proposed Condition No. 9~0 wras intentionally deleted at fhe public hearing on April 21, 2003.
11. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets aind Sanitation Division, and in accordance with approved plans on file
with said Department.
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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 a comprehensive trash management program shall be submitted to the Public Works
Department, Streets and Sanitation Division, for review and approval. Said program shall include
the following information:
• A detailed site plan, drawn to scale, showing the storage and collection areas for automated
trash barrels for each unit, the location of any trash enclosure(s) with drawings of the enclosure
details, and truck access through the alley and private streets;
• Placement of an access "knox" box at both automatic entrance gates; and
• Disclosures in the Covenants, Conditions, and Restrictions ("CC&R's") describing the location
and storage of automated containers for each dwelling unit. The CC&R's shall be submitted to
the Streets and Sanitation Division of the Public Works Department and the City Attorney's
Office for review and approval.
14. That all existing water services and fire lines shall conform to current Water Services Standards
Specifications. Any water service and/or fire line that does not meet current standards shall be
upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The
owner/developer shall be responsible for the cost to upgrade or to abandon any water service or fire
line.
15. Tha# prior to submittingv+~ater improv~ment plans, ~he developer s~iall submiE a wa#er system mas~er
plan, including a hydraulic distribution nefinrork analysis, to the Public Utilities Department, Water
Engineering Division, for review and approval. The master plan shall demonstrate the adequacy of
the proposed on-site water system to meet the projecYs water demands and fire protection
requirements.
16. That water improvement plans shall be submitted to the Water Engineering Division for review and
approval; and that a performance bond, in an amount approved by the City Engineer and City
Attorney, shall be posted with the City of Anaheim.
17. That prior to application for water meters or fire lines, or prior to submittal of water improvement
plans to the Public Utilities Department, Water Engineering Division, for review and 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 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.
18. 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 ~e 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 the plans shall be subject to review and approval by the appropriate City departments.
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 roll-up garage doors shall be shown on the plans submitted for building permits. Said doors
shall be installed and maintained as shown on the approved plans.
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21. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
specifying how the vehicle security gates and vehicle turn-around areas will function.
22. 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.
23. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
uses.
24. That all driveways 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.
25. That no 'compacY or'small car' parking spaces shall be permitted.
26. That the streets, sanitary sewers and storm drains within this development shall be privately
maintained.
27. 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.
28, That any plumbing. an.d. other similar pipes and fixtures located on the_exterior of 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.
29. 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.
30. That clothes washer and dryer hookups shall be shown on the ptans submitted for building permits,
and shall be incorporated into each condominium dwelling unit.
31. That this Conditional Use Permit is granted subject to approval and recordation of Final Tract Map
No. 16477, currently pending.
32. That the property owner shall submit a letter to the Zoning Division requesting termination of the
following petitions:
• Variance No. 4041 (waiver of minimum number of parking spaces and limitations to permitted
uses and structures to establish a 90,000 square foot home improvement store with an outdoor
garden center),
• Conditional Use Permit No. 3429 (to permit a portable food service use (hot dog cart) in
conjunction with a permitted retail store),
• Conditional Use Permit No. 2053 (to permit an auto service station), and
• Conditional Use Permit No. 307 (to construct a service station and used car lot).
33. 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 21, as conditioned herein.
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34. 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, Conditiorv Nos. 1, 2, 3, 4, 5, 6, 7, 9, 11, 12, 13, 15, 16, 17, 18, 19,
20, 21, 22, 24, 27, 28, 30, 31 and 32, 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.
35. That prior to final building and zoning insp~ctions, Condition No. 33, above-mentioned, shall be
complied with.
36. 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 iu~~lude any action or findings as to compliance or approval
of the request regarding any other applica6ale 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.
THE FOREGOING RESOLUT~ON was adopted at the Planning Commission meeting of
April 21, 2003.
C~ - y -
CHAIRPERSON, ANAH IM CITY PLANNING COMMISSION
ATTEST:
/~yLeu...~
SENIOR SECRETARY, ANAHEIM CITY PLANhJING 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 April 21, 2003, by the fallowving vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BEtISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN
IN W ITNESS W HEREOF, I have hereunto set my hand this ~ day of
, 2003.
..~~~•~"~'+'~- .
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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