Resolution-PC 2004-63~~ ~
RESOLUTION NO. PC2004-63
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR-VARIANCENO. 2004-04607 BE GRANTED, IN PART'
(3119 - 3165 WEST LINCOLN AVENUE)
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:
LOTS 5 THROUGH 16 OF TRACT N0. 1820,1N THE CITY OF ANAHEIM, COUNTY OF ,
~ ORANGE, STATE OF CALIFORNIA, ASSHOWN ON A MAP RECORDED IN BOOK 51,
P,AGES 31 AND 32, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
_ RECORDER Of SAID COUNTY. _ ,
WHEREAS, the Cify Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on May 17, 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, Chapfer 18.03; to
hear and consider evidence for and against said proposed variance and to investigate and make findings
and recommendations in connection therewith; and that said public hearing was continued to the June 2 and
14, 2004, Planning Commission meetings in order to advertise an additional waiver pertaining to
improvement of public right-of-way and complete financial negotiations with the Anaheim Redevelopment
Agency; 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. Thaf the petitioner proposes to construct an "affordable" 1-lot, 28-unit attached condominium
complex with the following waivers:
(a) SECTION NO. 18.04.045.0140 - Minimum front vard setback adiacent to an arterial
hiahwaY (35 feet required; 27 feet proposed) -
(b) SECTION NO. 18.04.080.020 - Required improvement of public riaht-of-way
(Electrical utility undergrounding required; none
proposed)
(c) SECTION NO. 18.06.050.0121 - Minimum number, tvpe, and desiqn of off-street
parkina spaces (84 spaces required; 81 proposed)
(d) SECTION NO. 18.31.062.012 - Maximum structural heiqht within 150 of a sinqle-
family residential zone (DELETED)
(e) SECTION NO. 18.31.063.024 - Minimum distance between buildincts (23 feet
required; 19 feet proposed.
2. That the above-mentioned waiver (d) pertaining to maximum structura! height within 150 of a
single-family residential zone is hereby denied on the basis that it has been deleted subsequent to
advertisement. ~
3. That waiver (c) for minimum number of parking spaces is hereby approved based upon the
determination of the Ciry Traffic and Transportation Manager that the proposed number of parking spaces
would be adequate based upon operation of the use in conformance with the assumptions and/or
conclusions relating to the operation and intensity of use as contained ir~ the parking demand Jetter, and
further that the actual number of,spaces being proposed from a'functional standpoint exceed Code
requirements.
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4. That waivers (a), (b), and (e) are hereby approved based on the special circumstances of this
property due to its; narrow depth and long width, making compliance with these Code standards difficult, and
further that the average front setback exceeds Code requirements'
5. That no one indicated their presence at said public hearing in opposition; and that no
`correspondence was received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to construct an "affordable", 1-1ot; 28-unit, attached condominium
complex with waivers of: (a) minimum front yard setback adjacent to an arterial highway, (b) required
improvement of public right-of-way, (c) minimum number, type, and design of off-street parking spaces, (d)
maximum structural height within 150 feet of a single-family residential zone, and (e) minimum distance
between buildings, and does hereby approve the Negative Declaration upon finding that the declaration
reflects the independenf 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 1T RESOLVED that the Anaheim CityPlanning Commission does
hereby grant subject Petition for Variance, 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 the developer shall install minimum 24-inch box sized trees on 30-foot centers in the parkway or in
tree wells (minimum 52-inch square) in the public right-of-way along Lincoln Avenue in accordance with
thelincoln Avenue Corridor Master Plan. Said information shatl be specifically shown on plans
submitted for Community Services, Public Works, and Planning Department approval. The entire
~ parkway shall be irrigated by a system supplied from the development.
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 or alley. Installation of any gates shall conform to
Engineering Standard Plan No. 609. Said requirements 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.
3. That trash truck access shall be provided and maintained to the satisfaction of the Public Works
Department, Streets and Sanitation Division. Said access shall be specifically shown on plans
submitted for building permits.
4. That the property owner/developer shall install street lights on Lincoln Avenue and within the project as
required by the Electrical Engineering Division. 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 relocation of City electrical facilities shafl 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 pians submitted for building permits.
6. That the locations for future above-ground utility devices including, but not limited to, efectrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be located
above ground outside of 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 of the street setback areas in a manner fully screened from afl
public streets and alleys. Said information shall be shown on plans and approved by Water Engineering
; and Cross Connection Control lnspector before submittal for building permits.
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7. That since this project has landscaping area exceeding 2,500 square feet, a separate irrigation meter
shall be installed and shall complywith City Ordinance No. 5349 and Chapter 10.19 of the Anaheim
. Municipal Code. Said information shall be shown on plans submitted for building permits.
8. That the applicant shall submit improvement plans to the Public Works Department, Subdivision Section
to improve Lincoln Avenue per Public Works Standard Detail 160 and the Lincoln Avenue Master . :
Corridor Study. The applicant shall afso instafl street trees, tree wells and irrigation along Lincoln Avenue.
Irrigation shall be tied into the on-site system and maintained by the property owner. No additional
right-of-way dedication is required. The applicant shall make a cash payment in lieu of the street '
widening in an amount determined by the City Engineer (to be the estimated construction cosf to widen
Lincoln`Avenue). The applicant shall receive credit for improvements constructed in their ultimate
location. A Right of Way Construction Permit shall be obtained from the Development Services Division for
all work performed in the right of way. A bond shall be posted in an amount approved by the City Engineer
and a form approved by the City Attorney prior to approval of the final map. The improvements shall be
constructed prior to certificate of occupancy. `
9. That the applicant shall submit a written request to the Public Works Department, Subdivision Section to
petition SBC to relocate the utility poles (6 tvtal) and cable lines along the projecYs frontage on Lincoln
Avenue:
10. 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.
11. That all air conditioning facilities and other ground-mounted mechanical equipment shall be properly
shielded from view and the sound bufferedfrom adjacent residential properties. Such information shall
be specifically shown on the plans submitted for building permits.
12. 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.
13. 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.
14. That clothes washer and dryer hookups shall be incorporated into each condominium dwelling unit and
shall be shown on plans submitted for building permits.
15. That final detailed landscape and irrigation plans shall be submitted to the Zoning Division for review
and approval. Said landscape plans shall show minimum 24-inch box sized trees, shrubs, groundcover :
and vines to be planted in layers in common areas, and trees on maximum 20-foot centers and earthen
berms along the Lincoln Avenue street frontage. All trees shall be properly, professionally, and
permanently maintained to ensure mature, healthy growth. Any decision by staff regarding said plan
may be appealed to the Planning Commission as a Reports and Recommendation item.
16. That Variance No. 2004-04607 is hereby granted subject to the approval and recordation of Tentative
Tract Map No. 16683, now pending.
17. That prior to application for water meters, fire line or submitting the water improvemenf plans for
approval, fhe 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 project shall
occur in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations.
18. 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, stiall be coordinated through Water Engineering
Division of the AnaheimPublic Utilities Department. :
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19. That plans shali be submitted to the City Traffic and Transportation Manager for his review and approval in
conformance with the current version of Engineering Standard Plan Nos: 436 and 601/602 pertaining to
parking standards and driveway location. Subject property shall thereupon be developed and maintained in
conformance with said plans.
20. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
21. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval
in conformance with`the Engineering Standard No. 137 pertaining to sight distance visibility for the sign
or wall/fence locations. '
22. That subject property shall be devefoped substantialfy in accordance with plans and specifications
submitted to the City of Anaheim 6y the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 12, and as conditioned herein.
23. That prior to issuance of certificate of occupancy, the applicant shalL•
• Demonstrate that all sfructural 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
Projecf WQMP _
• Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite.
• Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs.
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, 14, 15, 16, 19 and`
21 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 Nos. 22 and 23, above-mentioned, shall be '
complied with.
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 ~nd
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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 14,
2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.03, "Zoning Provisions -
General" of the Anaheim Municipal Code pertaining to appeal rocedures and may be replaced by a City Council
Resolution in the event of an appeal: `~/~ `
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C AIRPERSON, ANAHEIM CITY PLANNING COMMISSION °
ATTEST: ~ ~ ~ p p_ ,_ ~y
~ "..-~
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA ) '
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
PC2004-63
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I, Eleanor Morris, Senior Secretaryof 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 June 14, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BUFFA; EASTMAN; FLORES, O'CONNELL, ROMERO, :
VANDERBILT-LINARES
NOES; COMMISSIONERS:
ABSENT: COMMISSIONERS:
iN WITNESS WHEREOF, I have hereunto set my hand this a g day of
? ~n»<.. , 2004. ~
~ g~~ b`~'~' 1'~OV1.~
SENIOR SECRETARY, ANAHEIM ClTY PLANNING COMMISSION