Resolution-PC 2004-120~ ~
RESOLUTION NO. PC2004-120
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04898 BE GRANTED
(425 NORTH MAGNOLIA AVENUE)
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 LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CAUFORNIA,
COUNTY OF ORANGE, DESCRIBED AS FOLLOWS:
PARCEL 1: ' THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTfON 12, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO
LOS COYOTES, IN THE CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOK 41, PAGE
11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY. EXCEPT THENORTH 666.00 FEET. ALSO EXCEPT THE WESTERLY 60.00 FEET
OF THE EASTERLY 270.00 FEET OF THE SOUTHERLY 22.00 FEET OF SAID EAST HALF.
PARCEL 2: AN EASEMENT FOR INGRESS, EGRESS, PARKING AND RELATED
PURPOSES FOR THE INSTALLATION, CONSTRUCTION, `USE, MAINTENANCE AND
REPAIR OF ONE OR MORE PARKING STALLS, CARPORTS AND RELATED ` -
IMPROVEMENTS, RECORDED JUNE 30, 2000 AS INSTRUMENT NO. 20000344635,
OFFICIAL RECORDS, OVER THAT PORTION OF SOUTH 662.00 FEET OF THE EAST HALF
OF THE NORTHEAST '/4 OF THE SOUTHEAST '/< SECTION 12, TOWNSHIP 4 SOUTH, -
RANGE 11 WEST, IN THE RANCHO LOS COYOTES, CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 51, PAGE 11 OF
MISCELLANEOtJS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAlD
COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF
SAID SOUTH 662.00 FEET; THENCE SOUTH 89° 41' 34° WEST 210 FEET; THENCE
NORTH 00° 13' 47" WEST 4.30 FEET TO THE TRUE POINT OF BEGINNING; THENCE
NORTH 00° 13' 47" WEST 17.70 FEET; THENCE SOUTH 89° 41' 34" WEST 60.00
FEET; THENCE 00° 13' 47" EAST 22.00 FEET; THENCE NORTH 89° 41' 34" EAST
50.67'FEET; THENCE NORTH 00° 13' 47" WEST 4.30 FEET; THENCE NORTH 89° 41'
34" EAST 9.33 FEET TO THE TRUE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on October 4, 2004, 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
18.66.040.030, 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 Section No. 18.06.160 to construct a 114-unit attached and detached residential
condominium subdivision with waiver of the following:
SECTION NO. 98.06.090.060 Maximum buildinq wall lenqth. (20 feet maximum
wall length permitted; 24 to 39 feet proposed).
2. The intent of the Code is to ensure articulation along building elevations for large multiple
family dwellings. Because the single family units are detached, and the building walls exceeding the
maximum twenty (20) foot wall length face the interior propertylines of the properties (except for eight corner
properties) the intent of the Code is fulfilled.
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3. That strict application of the Zoning Code deprives the property of priyileges enjoyed by
other properties in identical zoning classificatiorr in the vicinity in that'staff surveyed nearby properties and
identified another condominium project located opposite the church to the south of the project with the
characteristics requested by this waiver.
4. That the proposed use will not adversely affect the adjoining,land uses or the growth and
development of the area in which it is proposed to be located as staff believes"the proposed project is
compatible with existing and surrounding land uses and that the minor deviations from the Code as provided
, in Section 18.06.160 would achieve a good project designed fo enhance the privacy and livability for
residents within and around the project, and create a project that is compatible and consistent with
surrounding land uses. The proposed use would not adversely affect the adjoining land uses and the growth
and development of the area in which it isproposed and because the size and shape of the site for the
proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to
the particular area:
5. Thaf the size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the parficular area or to the health and -
safety. _
6. 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 as'the proposed project would '
contain less dwelling units than presently exists on the property.
7. That the granting of the conditional use permit under the conditions imposed, if any, will not
be detrimental to the health and safety of the citizens of the City of Anaheim.
8. That 6 people indicated their presence at said public hearing in favor, but expressed
concerns; and that no correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUAL.ITY ACT FINDING: That the Anaheim City Planning
Commission has reViewed the proposal to construct a 114-unit attached and detached residential
condominium subdivision with waiver of maximum building wall length; and does hereby approve #he
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:
1. That prior to issuance of building permits associated with this project (except for model homes),
ZCA2004-00034, pertaining to parking standards for attached single-family dwellings shall be
approved and in effect.
2. That roll-up garage doors shall be shown on plans submitted for building permits. Said doors shall be
installed and maintained as shown on submitted plans.
3. That the six (6) on street parking spaces at the entry of the site shall be removed from the plan
submitted for building permits.
4. That final landscape and fencing plans for the subject property shall be submitted to the Planning
Services Division for review and approval. The fencing plan shall incorporate a six (6) foot high block
wall along the north, west, and south property lines. Said plans shall show minimum 24-inch bOx Size
eVergreen, trees along the west property line (two (2) trees per property), and the extension of the
entryway decorative pavement treatment to the intersection of the first private street. The landscape
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plan shall reflect a meandering private pedestrian access way as reflected on Exhibit 1 and a three (3)
foot high berm along Magnolia Avenue within the street setback area:' Any decision made by the
Planning Services Division regarding said plan may be appealed to #he Planning Commission and/or
City CounciL All trees shall be properly and professionally maintained by the homeowners association
to ensure healthy growth.
5. That final building elevation plans, a colors and materials board, and street presentation plans,
showing building articulation and architectural embellishments for all elevations; shalfbe submitted to
the Planning Services Division for review and approvaL Any decision made by the Planning Services
Division regarding said plan may be appealed to the Planning Commission and/or City CounciL
6. 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.
7. That all plumbing or other similar pipes and fixtures located on the exterior of the 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.
8. That the property shall be permanently maintained in an orderly fashion by providing regular,landscape
maintenance, removal of trash or debris, and removal of graffiti within twenty-four'(24) hours from time
of occurrence.
9. 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.
10. That this Conditional Use Permit is granted subject to approval and recordation of Tentative Tract Map
Na 16640, now pending.
11. That the property owner shall submit a letter requesting termination of Conditional Use Permit Na
3471 (to permit a conversion from apartments to condominiums with code waivers) to the Zoning
Division.
12. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
13. That the property owner/developer shall install street lights on Magnolia Avenue in their ultimate
location as required by the Electrical Engineering Division. A bond for the installation of the streetlights
shall be posted with the City of Anaheim prior to issuance of building permits. The streetlights shall be
installed prior to occupancy of the first unit.
14. 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
plans submitted for buildingpermits. Plans shall also identify the specific screening treatments of each
device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be
subject to the review and approval of the appropriate City departments.
15. That any required relocation of City electrical facilities shall be at the developer's expense. That
landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be
shown on plans submitted for building permits.
16. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
17. 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 the review and approval of the City Traffic
and Transportation Manager. Said information shall be specifically shown on'plans submitted for '
building permits.
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18. That plans shall be submitted to the City Traffic and Transportation Manager for his review and
approval showing conformance with the current version of Engineering Standard Plan Nos. 436 and
470 pertaining to parking standards and driveway locations. Su6ject property shall thereupon be
developed and maintained in conformance with said plans.
19: Thaf an on-site trash truck turn-around area shall be' provided per Engineering Standard Detail No: 610 :
and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division.
Trash truck turn-around sliall be provided through each construction phase of the project. Said
turn-around area shall be specifically shown on plans submitted for building permits. '
20. This condition was deleted at the public hearing.
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 a comprehensive trash management program shall be-submitted to the Public Works Department,
Streets and SanitatiorrDivision. Said program shall include information on the following: a detailed, -
scaled site plan showing the storage and collection areas for automated trash barrels for each unit, the
location ofiany trash enclosure with enclosure details drawings, and truck access.
23. That prior to grading plan approval, the applicant shaU demonstrate that coverage has been obtained
under California's General Permit for Stormwater'Discharges Associated with Construction Activity by
providing a copyof the Notice ofJntent (NOI) submitted to the State Water Resources Gontrol Board and a
copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number.
The applicant shall prepare and implement a Stormwater Pollution Prevention Plan`(SWPPP)., A copy of
the current SWPPP shall be kept at the project site and be available for City review on request.
24. That prior to grading plan approval, the developer shall submit a geotechnical report thaf ineets the
requirements for a"Screening Investigation for Liquefaction Potential"'as identified in bMG special
publication 117 "Guidelines for Evaluating and Mitigating Seismic Hazards in California". Please note that
if the findings of the screening investigation cannot demonstrate the absence of liquefaction hazards; then
the comprehensive quantitative evaluation shall be conducted to develop mitigation recommendations to
effectively reduce the hazard to an acceptable IeveL
25. That prior to grading plan approval, the applicant shall submit a Drainage Study prepared by a registered
professional Civil Engineer in the State of California. The Study shall be based upon and reference the
latest edition of the Orange County Hydrology Manual the applicable City of Anaheim Master Plan of
Drainage for the project area. All drainage sub-area boundaries per the Master Plan for Drainage shall be
maintained. The Study shall include: an analysis of 10-, 25- and 100-year storm frequencies; an analysis of '
all drainage impacts to the existing storm drain system based upon the ultimate project build-out condition;
and address whether off-site and/ or on-site drainage improvements (such as detention/ retention basins or
surface runoff reduction) will be required to prevent downstream properties from becoming flooded.
26. This condition was deleted at the public hearing.
27. That the City of Anaheim Sewer Impact Mitigation fee for the Combined West Anaheim Area, Zone A shall
be paid. The mitigation fee is currently $206/unit for single family and multi-family developments.
28. That prior to the issuance of grading permit, the applicant shall submit to the Public Works Department
Development Services Division for review and approval a Water Quality Management Plan that:
. Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas,
maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero
discharge" areas, and conserving natural areas.
. Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area
Management Plan.
• lncorporates Treatment Control BMPs as defined in the DAMP.
• Describes the long-term operation and maintenance requirements for the Treatment Control BMPs.
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•, Identifies the entity that wili be responsible for long-term operation and maintenance of the Treatment '
ControL BMPs, and
• Describes the mechanism for funding the long-term operation and maintenance of the Treatment
Control BMPs.
29. That prior to issuance of certificafe of occupancy, the app(icant shali:
• Demonstrate that all structural BMPs described in the Project WQMP have been constructed and
installed in conformance with approved plans and specifications.
• Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the
Project WQMP
•' Demonstrate that an adequate number of copies of the approved Project WQMF'are available onsite.
• Submit for review and approval by the City an Operation and Maintenance Plan for all structural
' BMPs.
30. This condition was deleted at thepublic hearing. ,
31. That no street widening is required along Magnolia Avenue provided the applicant pay a c2sh payment
in lieu of the widening as determined by the City Engineer. The applicant shall replace the existing 4-
foot wide sidewalk with a 5-foot wide sidewalk in conformance with Public Works Standard Details and
connect the $xisting parkway irrigation system with the on-site irrigation maintained by the property
owner/association. '
32. That all backflow equipment shall be located above ground outside of the street setback area in a
mannerful(y screened from all pubiic 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 of 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 Cross Connection`ControlJnspector before
submittal for building permits.
33. That since this project has a common landscaping area exceeding 2,500 square feet, a separate ,
irrigation meter shall be installed and shall comply with City Ordinance No. 5349 and Chapter 10.19 of
the Anaheim Municipal Code. Said information shall be shown on plans submitted for building permits.
34. 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.
35: 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 costs to upgrade or to abandon any water service or fire line.
36. That prior to submitting water improvement plans, the developer shall submit a water system master
plan, including a hydraulic distribution network analysis; for Public Utilities Water Engineering review
and approvaL The master plan shall demonstrate the adequacy of the proposed on-site water sysfem
to meet the project's water demands and fire protection requirements.
37. That water improvement plans shall be submitted to the Water Engineering Division for approval and a
performance bond in the amount approved by the City Engineer and City Attorney, and shall be posted
with the City of Anaheim.
38. That prior to application for water meters, fire fine or submitting the water improvement plans for
approval, the developer/owner shall submit to the Public Utilities Water Engineering Division an
estimate of the maximum fire flow rate and maximum day and peak hour water demands for the
project. 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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project shall occur in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and
Regulations.
39. That two separate connections to the public water-main shall be required and that a minimum
clearance of five (5) feet from the water main to the curb and gutter and'a minimum clearance of 10
(10) feet from the water main to the sewer line shall be maintained. ,
40. That an address monument and/or complex map shall be positioned to be readable from the main `
vehicular or pedestrian access points without causing vehicular stacking and shall be illuminated
during hours of darkness. Said information shall be specifically shown on plans submitted for building
permits. .
41. That wrought iron gates or other alternative shall be installed within exterior corridors to adequately
secure private space: These gates should be equipped with a double-cylinder deadbolt lock, as
allowed by the Fire Code. Said information shall be specifically shown on plans submitted for building
' permits.
42. 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 17, as'conditioned herein. '
43. 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, 9, 10, 11, 13, 14, 15, 17, 18, 19,20,
21, 22; 26, 27, 30, 31, 32, 33, 35, 40 and 41, 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.
44. That prior to final building and zoning inspections, Condition Nos. 29 and 42,. above-mentioned, shall
be complied with.
45. 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 4, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal. ,
CHAIRMA , ANAHEIM CITY PLANNING COMMISSI
ATTEST:
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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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 October 4, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES; VANDERBILT-LINARES
ABSTAIN: COMMISSIONERS: O'CONNELL
ABSENT: COMMISSIONERS:' ROMERO, VELASQUEZ
` IN WITNESS WHEREOF, I have hereunto set my hand this o202 n a~ day of
~ G'G 0 ~ 11L , 2004.
SENIOR SECRETARY; ANAHEIM CITY PLANNING COMMISSION