Resolution-PC 2004-71• ~
RESOWTION NO. PC2004-71
A RESOWTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO; 2004-04856 BE GRANTED
(135 SOUTH DALE 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 SOUTH 148 FEET OF THE EAST 4 ACRES OF THE NORTH 10 ACRES OF THE
EAST 13 ACRES OF THE NORTH 18 ACRES OF THE EAST 30 ACRES OF 'THE
NORTHEAST QUARTER OF THE NORTHWEST 'QUARTER OF .SECTION 13,
TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN. '
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on June 14, 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 18.60, to
hear and consider evidence for and against said proposed conditionaf use permit and to investigate and
make findings and recommendations in connection therewith; and that said public hearing was continued to
the July 12 Planning Commission meetings; 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 Section No. 18.32.050.004 to consfruct a 14-unit semi-aftached residential
condominium complex with waiver of the following:
SECTION NO. 18.32.065.011 Minimum distance between buildinas. (25 feet
required; 21 feet proposed)'
2. Thaf because four of the entryways are not oriented directly toward the opposite unit, and
because a portion of the building wall is contained within a private yard area, the intent of this code section is
satisfied. These building elevations have a limited number of windows opening into private living areas
within the building thereby providing sufficient open space and privacy;
3. That strict application of the Zoning Code deprives the property of privileges enjoyed by
other properties under identical zoning classification in the vicinity since said waiverhas been granted for
similar multiple-family residential projects;
4. 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 since complex would be consistent with the
existing apartment complexes to the south and west;
5. That 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 nor to the peace, health,
safety, and general welfare;
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;
7. That the granting of the 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; and
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8. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGs That the Anaheim City Planning
Commission has reviewed the proposa(:to construct a 14-unit semi-attached residential condominium
complex with waiver of minimum distance between buildings and does hereby approve the Negative
Declatation upon finding that the declaration reflects the independent judgment of theJead agency and that it
has considered #he 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 alandscape plan shall be submitted for: review and approval,by the Planning Division. Said plan
shall indicate a layered landscape theme incorporating groundcover, shrubs and eight, 24-inch box
sized trees to be planted along the frontage of Dale Avenue.
2. That all backflow equipment 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 all 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.
3. That since this project has 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
4. 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 the Water
Engineering Division of the Anaheim Public Utilities Department.
5. That all existing water services and fire lines shall conform to current Water Services Standards and
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 fire
line.
6. That the legal property owner shall irrevocable offer to dedicate to the City of Anaheim (Water
Engineering Division) an easement finrenty (20) feet in width for water service mains and/or an
easement for large meters and other public water facilities.
7. That prior to applying for water meters, fire line or submitting the water improvement plans for
approval, the developer/owner shall submit to the Public Utilities Water Engineering 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
comply with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations.
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8. That prior to rendering water service, the developer/owner shall submit a set of improvement plan for
Public Utilities Water Engineering review and approval in determining the conditions necessary for
providing water service to the project.
9. That water improvement plans shall be submitted to the Water Engineering Division forapproval and a
performance bond in the amount approved by the City Engineer and form approved by the City
Attorney shall be posted with the City of Anaheim.
10. That individual water service and/or fire line connections shall be required for each parcel or '
residential, commercial, industrial unit per Rule 18 of the City of Anaheim's Water Rates, Rules and
Regulations.
11. 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. 475 and shall be subjecf to the review and approval of the City Traffic
and Transportation Manager. Said information shall be specifically shown on plans submitted for
building permits. ~
12. That plans shall 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 470
pertaining to parking standards and driveway location. Subject property shall thereupon be developed
and maintained in accordance with said plans:
13. That all driveways shalf be constructed with ten (10) foot radius curb returns as required by the Gity
Engineer in conformance with Engineering Standard No. 115. Said information shall be specifically '
shown on plans submitted for building permits.
14. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
15. That 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.
Said turn-around area shall be specifically shown on plans submitted forbuilding permits. ,
16. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works
Department and in accordance with approved plans on file with said Department.
17. 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 '
18. 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 building permits. 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.
19. 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.
20. That the legal property owner shall provide the City of Anaheim with a public utilities easement
along/across high voltage lines, low voltage lines, crossing private property and around all pad-
mounted transformers, switches, capacitors, etc.
21. 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.
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22. That prior to issuance of a building permit, the City of Anaheim Sewer Impact Mitigation fee for the
Combined West Anaheim, Zone A area shall be paid.' The mitigation fee is currently $199/ unit for
residential developments.
23. That all air conditioning facilities and other ground-mounted equipment shall beproperly shielded from
: view and sound buffered from adjacent residentiai properties. . Such information shalf be specifica{{y
_ ~ 'shown on the plans submitted for building permits.
24. That all plumbing or othersimilar 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
specificaliy shown on the plans submitted for building permits.
25. That the property shali 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.
26. That this Conditional Use Permit is granted subject to approval and recordation of Tentative Tract Map
No. 16691, and finalization of Reclassification Na2004-00123 now pending.
27. 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 5, and as conditioned herein.
28. That final elevation plans showing additional architectural enhancements to the elevations facing Dale
Avenue shall be submitted to the Planning Services Division for review and approval by thePlanning
Commission as a Reports and Recommendation item.
29. 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, 6, 7, 9, 11, 12, 13, 15, 17, 18, 19, 20, 21, 22,
23, 24, 26, 28 and 31, above-mentioned, shall be complied with. Extensions for further time to
complete said conditions may be granted in accordance with Section 18:60.170 of the Anaheim
Municipal Code.
30. That prior to final building and zoning inspections, Condition No. 27, above-mentioned, shallbe
complied with.
31. That the applicant shall be responsible for paying all charges related to the processing of this
discretionary application within 30 days of the issuance of a final invoice or prior to issuance of a
building permit, whichever occurs first. Failure to pay charges shall result in delays in the issuance of
required permits or the revocation of this entitlement.
32. 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July
12, 2004. Said resolution is subject'to the appeal provisions set forth in Chapter 18.60, "Procedures" of the
Anaheim Municipai Code pertaining to appeal procedures and ma bereplaced by a City Council Resolution
in the event of an appeaL
C AIRPERSON, ANAHEIM CITY PLANNIN COMMISSION
ATTEST:
ENI SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE , ) ss.'
CITY OFANAHEIM )
I, Pat Chandler, 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 July 12, 2004, by the following vote of #he members thereof:
AYES: COMMISSIONERS: EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES '
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS: BUFFA
VACANT: COMMISSIONERS: ONE SEAT
IN WITNESS WHEREOF, I have hereunto set my hand this s2~ day of
, 2004.
SENIOR S CRETARY, ANAHEIM CITY PLANNING COMMISSION