Resolution-PC 2006-33:! ~
RESOWTION NO. PC2006-33
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION'FOR CONDITIONAL USE PERMIT NO. 2006-05066 BE GRANTED
(729 SOUTH KNOTT AVENUE)
WHEREAS, the Anaheim 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: THAT PORTION OF 7HE FOLLOWING DESCRIBED PROPERTY LYING
EAST OF THE PROLONGATION OF THE WESTERLY LINE OF LOT 13 OF TRACT NO: 743,1N
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE:OF CALIFORNIA, AS SHOWN ON A
MAP'THEREOF RECORDED IN BOOK 22 PAGE 10 OF MISCELLANEOUS MAPS RECORDS
OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
THAT PORTION OF THE EAST ONE-HALF OF THE NORTHEAST QUARTER OF THE <
SOUTHEAST QUARTER OF SECTION 15, iN TOWNSHIP 4 SOUTH, RANGE 11, WEST, SAN
BERNARDINO:BASE AND MERIDIAN, DESCRIBED AS FOLLOW5:
BEGINNING AT A POINT IN THE NORTHERLY LINE OF TRACT NO: 743, AS SHOWN A MAP
THEREOF, RECORDED IN BOOK 22 PAGE 10, MISCELLANEOUS MAPS, RECORDS OF SAID
ORANGE COUNTY, DISTANT SOUTH 89° 39' WEST 314 FEET FROM THE EAST LINE OF
SAID SECTION 15; RUNNING THENCE NORTH, PARALLEL WITH THE EAST CINE OF SAID
SECTION 15, 155 FEET; THENCE SOUTHWESTERLY TO A POINT IN .THE'WEST LINE OF'
THE EAST ONE-HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SAID SECTION 15, DISTANT THEREON 35 FEET NORTH OF THE NORTH LINE OF LOT 15
OF SAID TRACT NO. 743; THENCE SOUTH ALONG SAID :WEST LINE, 35 FEET T0 THE
NORTH LINE OF SA{D LOT 15; THENCE NORTH 89° 39' EAST ALONG THE NORTH LINE OF
SAID 7RACT NO. 743,350.61 FEET TO THE POINT'OF BEGINNING.
PARCEL 2: THA7 PORTION OF THE EAST ONE-HALF OF THE NORTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION FIFTEEN IN TOWNSHIP FOUR
SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTI( OF
ORANGE COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EASTERLY EXTENSION OF THE NORTHERLY
LINE OF LOT 1 OF TRACT NO. 743, AS PER MAP THEREOF RECORDED IN BOOK 22, PAGE
10 MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, WITH THE EAST LINE
OF SAID SECTION 15; RUNNING THENCE SOUTH 89° 39' WEST ALONG SAID EASTERLY
EXTENSION AND ALONG THE NORTHERLY L1NE OF SAID TRACT 743, 314 FEET; THENCE
NORTH PARALLEL WITH THE EXCEPT LINE OF SAID SECTION 15, 130 FEET; THENCE
NORTH 89° 39' EAST PARALLEL WITH THE NORTHERLY LINE OF SAID TRACT N0. 743, 314
FEET TO THE EAST LINE OF SAID SECTION 15; THENCE SOUTH ALONG SAID EAST LINE,
130 FEET TO THE POINT OF BEGINNING.
PARCEL 3: LOT 12 OF TRACT NO. 743, COUNTY OF ORNAGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 22 PAGE 10 OF MISCELLANEOUS MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. _
EXCEPT THE SOUTH 299 FEET THEREOF.
PARCEL 4: THAT PORTION OF LOT 13 OF TRACT NO. 743, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 22 PAGE 10 OF
MISCELLANEOUS MAPS, 1N THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
AS DESCRIBED AS FOLLOWS:
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BEGINNNG AT THE' NORTHWEST CORNER OF SAID LOT 13 RUNNING THENCE EAST
118.65 FEET TO'THE NORTHEAST CORNER OF SAID LOT; THENCE SOUTH ALONG THE
EXCEPT LINE OF SAID LOT 96 FEET; THENCE WEST PARALLEL TO THE NORTH LINE OF
SAID LOT 118.65 FEET TO THE WEST LINE OF: SAID LOT; THENCE NORTH ALONG SAID
WESTLINE 96 FEET T0 THE POINT OF BEGINNING.
EXCEPTING FROM SAID PARCELS 1-4 THAT PORTION CONVEYED TO THE ORANGE
COUNTY FLOOD CONTROL DISTRICT, BY DEED RECORDED JUNE 30, 1959 IN BOOK 4780
PAGE 82 OFFICIAL RECORDS. ' '
WHEREAS, the Pianning Commission did hold a pubfic hearing at the Civic Center in the
City of Anaheim on April 3, 2006, at 2:30 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 propo§ed conditional use permit and to investigate and
make findings and recommendations in connection therewith; and that'said public hearing was continued
from the March 20, 2006, 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 conversion of existing multiple-family structures to a`condominium or
other common interest development is permitted in the RM-4 Zone subject to the approval of a conditional
use permit under authority of Code Sections 18.06.030.090 and 18.38.100.020:
2. That the proposed use will not adversely affect the adjoining land uses or the growth and
development of the area as the apartment complex has been in operation for sixteen years, and no
expansion or increase of units is proposed. The proposed conversion is compatible with existing and
surrounding multiple-family residential developments. The proposed conversion would be compatible with
existing and surrounding land uses (which are also multiple-family residences) and that modifications and
upgrades proposed to the buildings on-site would enhance the visual impact of the property on surrounding
properties and livability for residents within the project, and result in a project that is compatible and
consistent with surrounding land uses and other recently approved condominium subdivisions.
3. That the proposed conversion would not create any new units or additional square footage
and therefore woufd not adversely affect the adjoining land uses and the growth and development of the area
in which it is proposed because the size and shape of the site for the project has been adequate for the full
development of the existing use in a manner not detrimental to the particular area.
4. 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 because the project is already
existing with 54 dwelling units (as previously approved) and would be implementing the Medium Density
Residential land use designation of the General Plan. No increase in the number of units isproposed.
5. 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.
6. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition. A person spoke in favor of the subject
request; and a person spoke about some concerns and suggestions, and submitted a letter at today's
meeting.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to convert a 54-unit apartment complex into a 54-unit residential
condominium complex and establish a 1-lot, 54-unit airspace attached residential condominium subdivision;
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 fu~ther finding on the basis of the initial study and
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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 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 final landscape, fencing plans and hardscape plans shali be submitted to the Planning Services
Division for review and approval. The landscape plan shall incorporate 1ayered landscaping within the
front setback and clinging vines, shrubs and groundcover adjacent to all block walls visible from the
public right of way. Plans shall reflect thefollowing:
• Common open space amenities enhanced with permanent seating and shade equipment and
additionalJandscaping to make the'pool area and associated picnic area more inviting.
• Existing utility equipment (gas meters and backflow device) shall be painted and screened with '
landscaping where possible. '
• AIl landscaped planters shall be enhanced with the use of stacked stone and additional trees shall
be provided in interior courtyard areas.
Any decision madeby the Planning Services Division regarding said plan may be appealed to the
Pfanning Commission as a"Reports and Recommendation" item.
2. That all air-conditioning facilities and other ground-mounted equipment shall be properly shielded from
view and the sound buffered from adjacent residential properties: Said information shall be specifically
shown on the plans submitted for building permits.
3. That all plumbing or other similar pipes and fixtures tocated on the exterior of the building shaN be fully
screened by architectural devices and/or appropriate building materials. Said information shall be
speci~cally shown on the plans submitted for building permits.
4. 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.
5. That this Conditional Use Permit is granted subject to the approval and recordation of Tentative Tract
Map No. 17016, now pending.
6. 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. '
7. 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.
8. That six (6) additional guest spaces shall be designated within the parking area for a minimum of
fourteen (14) spaces as required by Code. A call box shall be installed to facilitate access to this area
by guests. The area immediately adjacent to the trash enclosure shall not be used as a parking space.
Said information shall be specifically shown on plans submitted for building permits.
9. That a written Solid Waste Management Plan shall be submitted to the Public Works Department,
Streets and Sanitation Division. Said program shall include information on the following: a detailed,
scated site plan showing the storage and collection areas and the location of any trash enclosure with
enclosure details drawings, and truck access.
10. That a minimum of two additional collection areas for on-site refuse shall be installed within the existing
subsurface parking area. fach area shall contain a minimum of onestorage bin. On-site maintenance
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shall beresponsible for transporting refuse to the primary enclosure at the front of the site. Said
information shall be specifically shown on plans submitted for building permits.
11. That the existing trash enclosure shalf be refurbished and gates installed per City Standards. Said
information shall be specifically shown on plans submitted for building permits.
~ 12. That any new backflow equipment shall be located above ground outside of the street setback area in
a manrier fully screened from all public streets: Any backflow assemblies currently installed in a'vault
shall be brought up to-current standards. Existing)arge water system equipment shall be fully
screened from all public streets and alleys. Said information shall be shown on plans and approved by
Water Engineering and Cross Connection Control Inspector before submittal for building permits.
13. That if this site does not already have a separate irrigation meter, 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:
14. That all existing water services and fire lines shall conform to current Water Services Standards
Specifications. Anywater service and/orfire line that does not meet current standards shall be upgraded if
continued use is necessary or abandoned ifthe existing service is nolonger needed. The
owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line.
15. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the applicant and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 5, as conditioned herein.
: 16. That final detailed elevation plans and colors and materials shall be submitted to the Planning
Commission as a"Reports and Recommendations" item for review and approvaL Plans shall reflect
detailed faCade treatments (shutters and surrounds on the windows and doors), and varied colors on
the building wall planes to enhance articulation of the building. Plans should also provide stone veneer
wainscoting for portions of the building around the pool, interior courtyard and areas visible to the
public right-of-way. In addition, a natural stone surface shall be provided within the interior courtyard
and pool areas in place of the proposed stamped concrete.
17. That the developer shall submit a landscaping and irrigation plan to thePublic Works Department, '
Development Services Division to improve Magnolia Avenue priorto issuance of a building permit. The
parkway irrigation shall be connected to the on-site irrigation system and maintained by the property
owner. A Right-of-Way Construction Permit shall be obtained from the Development Services Division _
for all work performed in the right-of-way. The improvements shall be constructed prior to final building
and zoning inspections.
18. That the Home Owners Association (HOA) shall have the responsibiliry to maintain the building
exteriors and use of the property for residential development. All common facilities such as recreational
areas, parking areas, community buildings and landscaping, as well as the general appearance of the
premises and buildings, shall be adequately and professionally maintained.
19. That any vending machines on-site shall be Iocated such that they would not be visible from the public
right-of-way.
20. That the applicant shall submit a plan to reduce the visibility of satellite dishes serving the individual
units. The plan shall be submitted to and approved by the Planning Services Division prior to issuance
of building permits.
21. That if based upon the review by the Public Works Department that red curbing is required along the
property frontage on Knott Avenue, the applicant shall bear any costs associated with initiating the
process to establish the red curb.
22. 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, 7, 8, 9, 10, 11, 12, 13, 16, 17, 20 and 21
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above-mentioned, shall be complied with'. Extensions for further time to complete said conditions may
be granted in accordance with Chapter 18.60 of the Anaheim Municipal Code.
23. 'That prior to final building and zoning inspections, Condition Nos. 15, 17 and 19, above-mentioned,
shalLbe complied with
24. That approval of this application constitutes approval of the proposed requesf only to the extent thaf 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 ar approval of the '
' request regarding any other applicable ordinance, regu~ation or requirement.
BE IT FURTHER RESOLVED that the Anaheim 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 contlitions 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.
BE 17 FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the ~nal invoice or
prior to the issuance of building permits for this project, whichever occurs ~rst. Failure to pay alf charges
shall result in delays in the issuance of required permits ar the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 3, 2006. Said resolution is subject to the appeal provisions set fo~th in Chapter 18.60, "Zoning
Provisions - GeneraP' of the Anaheim Municipal Code pertaining to ppeal procedures and may be replaced
by a City Council Resolution in the event of an appeaL ~~"'`
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~'~~ CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on April 3, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: EASTMAN, FLORES, KARAKI, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BUFFA, PEREZ, VELASQUEZ
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
f ~ ~ , 2006.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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