Resolution-PC 2006-73~ ~
RESOLUTION NO: PC2006-73 :
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
- THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05120 BE GRANTED
(3211 WEST LINCOLN 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: ,
THE NORTH 135.00 FEET OF THE SOUTH 175.00 FEET, MEASURED AT RIGHT ANGLES, OF
THAT P_ORTION OF THE SOUTHEAST -'/4 OF THE SOUTHWEST '/4 OF SECTION 11,
TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO 'LOS COYOTES, CITY OF
ANAHEIM; COUNTY OF ORANGE, STATE OF GALIFORNIA, AS SHOWN ON A MAP
RECORDED 1N SOOK 51, PAGE 11 OF MISCELLANEOUS MAPS,IN THE OFFICE OF THE
COUNTY OF'ORANGE OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST'/4 OF THE SOUTHWEST'/4
THENCE SOUTH 89° 42' 10" WEST 297.69 `FEET ALONG THE SOUTH LINE OF `SAID .
SOUTHWEST'/4 TO THE SOUTHWEST CORNER OF THE LAND CONVEYED TO J. K: DOYLE
AND WIFE, BY DEED RECORDED APRIL 21, 1953 W BOOK 2490, PAGE 157, OFFICIAL
RECORDS; THENCE NORTH 3° 05' 35" WEST 216.59 FEET ALONG THE WEST LINE OF SAID
LAND CONVEYED TO DOYLE TO AN ANGLE POINT THEREIN; THENCE NORTH 0° 29' 31"
WEST 144.02 FEET ALONG SAID WEST LINE TO AN ANGLE POINT THEREIN; THENCE
NORTH 89° 41' 55" E~kST 309.06 FEET TO A POINT IN THE EAST LINE OF SAID SOUTHEAST
'/4 OF THE SOUTHWEST '/4 NORTH 0° 14' 50" WEST 360.28 FEET FROM THE POINT OF
BEGINNING, THENCE SOUTH-0° 14' 50" EAST 360.28 FEET TO SAID POINT OF BEGINNING.
EXCEPT THE EAST 163.00 FEET THEREOF, MEASURED AT RIGHT ANGLES FROM THE
_ EASTERLY LWE THEREOF, SAID LAND 1S SHOWN ON A MAP F1LED FOR RECORD IN BOOK
67, PAGE 28 OF RECOFcD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on August 21, 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 proposed conditional use permit and to investigate and
make fndings 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 request to construct a 6-unit attached single-family residential
condominium complex is properly one for which a conditional use permit is authorized by Anaheim Municipal
Code Section Nos. 18.06.030.040.0402 (Dwellings - Single-Family Attached) and 18.06.160.
2. 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 because 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 well designed and livable project, in a manner that is compatible and consistent
with surrounding land uses:
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3. That the proposed use would 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 is
adequate to allow the fult development of the proposed 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 would be
implementing the Low-Medium Density Residential land use designation of the General Plan. This
designation was environmentally analyzed as part of the environmental review process required by the
California Environmental Quality Act (CEQA) performed as part of the General Plan llpdate approved by the
City Council on May 25, 20a'4.
5. That the granting of the conditional use permit under the conditions imposed, will not be
detrimental to the health and sa#ety 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..
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning°
Commission has reviewed the proposal; 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 Planning Commission does
hereby grant su6ject 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 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.
2. That final landscaps an€I fencing plans in compliance with Zoning Code requirements for the subject
property shall be submitted to the Planning Department for review and approval. Said plans shall
show minimum 24-inch box size trees or a minimum brown trunk height of 8 to 10 feet, shrubs,
groundcover, and Ginging vines to be planted in layers on all walls visible from the public right-of-
way and within landscaped setbacks. The landscape material selected shall be appropriate to the
width of the planter area. Any decision made by the Planning Department regarding said plan may
be appealed to the Planning Commission as a Reports and Recommendations item. All trees shall
be properly and professionally maintained by the property owner to ensure mature, healthy growth.
Such information shall be specifically shown on the plans submitted for building permits.
3. 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.
4. 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.
5. 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 discovery.
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6. That this Conditionaf Use Permit is granted subject to the approval of Reclassification No. 2006- :
00181, and approval and recordation of Tentative Tract Map No. 17019, now pending.
7. 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.
8. That street lights shall be installed along Lincoln Avenue and a bond posted to guarantee that the
tights are installed as approved by the Electrical Engineering Division. The street lights shal( be
installed prior to final building and zoning inspections. Said information shall be specifica~ly shown
on plans submitted for building permits.
9, 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 tothe review and approval of the appropriate City departments.
10: That anyrequired 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.
11. That no required parking area shall be fenced or otherwise enclosed #or outdoor storage uses.
12. 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. That if gates are proposed, such
installation shall conform to Engineering Standard Plan No. 475 and shall be subject to the review
and approval of the City Traffic and Transportation Manager. Said information shal- be specifically
shown on plans submitted for building permits.
13. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
of wall and fence locations to determine conformance with Engineering Standard No. 115.
14. That the owner shall be responsible for the relocation/removal of any traffic signal equipment or any
other retated equipment in the event that street widening or the new driveway entry conflict with existing
equipment.
15. 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,
scaled site plan showing the storage and collection areas for automated trash barrels for each unit,
the location of any trash enclosure with enclosure details drawings, and truck access.
16. That the developer shall submit grading plans to the Public Works Department, Development
Services Division and post a bond to guarantee that the street improvements are constructed as .
approved by the City Engineer. The improvements shall be constructed prior to final building and
zoning inspections.
17. 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 currantly 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
Inspector before submittal for building permits.
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18. That since #his projecthas a common landscaping area exceeding 2,500 square feet, a separate
irrigation meter shall be installed and shall comply with City Ordinance Na. 5349 and Chapter 10.19
of the Anaheim Municipal Code.' Said information shall be shown on plans submitted for building
permits.
- 19., That all requests for new water services or fire lines, as well as anymodifications, relocations, or
abandonment of existing water services and fireJines, shallbe coordinated through Water
Engineering Division of the Anaheim Public Utilities Department.
20. 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 CityAttorney shall be posted
with the City of Anaheim: That the water improvement plans shall indicate a minimum clearance of
fiVe (5) feet from the water main to the curb.and gutter and a minimum clearance of ten (10) feet
from the water main to the sewer line.
, 21. That prior to application for watermeters, fire line or submitting the water improvement plans for
approval, the developerlowner 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 determinethe adequacyof the existing watersystem to
provide the estimated water demands. Any off-site water system improvements required to serve
the projecfshall occur in accordance with Rule No. 15A.6 of the Water Utility Rates,'Rules and
Regulations.
22. That a master water meter shall be installed on Lincoln Avenue. The master meter shall be above
ground on private pt~operty with an easement five-foot around the meter pad ~nd the backflow device
shall be behind the building setback line and maintained by the property owner/homeowners
association: Said i~~formation shall be specifically shown on plans submitted for building permits.
23. That final detailed elevation plans including colors and materials sha11 be sur,mitted to the Planning
Services Division for review and approval. Such plans shall reflect further enhancement to the
second story of the easterly elevation facing Western Avenue. Any decision by staff regarding said
plans may be appealed to the Planning Commission as a"Reports and Rec~mmendations" item.
24. That the developer shall submit a landscaping and irrigation plan to the Public Works Department,
Development Services Division to improve Lincoln Avenue. 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.
' 25. That the owner shall submit a request for termination of Conditional Use Permit No. 912 (to establish
an animal hospital) since this permit is no longer necessary.
26. 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 thafi
• 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 natura~ areas.
• Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area
Management Plan.
• IncorporatES Treatment Contro~ BMPs as defined in the DAMP.
• Describes the long-term operation and maintenance requirements for the Treatment Control
BMPs.
• Identifies the entity that will be responsible for long-term operation and maintenance of the
Treatment Control BMPs, and
• Describes the mechanism for funding the long-term operation and ma~tenance of the
Treatment Control BMPs.
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27: That prior to issuance of certificate of occupancy, the applicant shalL•
• 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 WQMP are available
onsite: :
• Submit for reviewand approval by the City an Operation and MaintEna•r~ce Plan for all structural
BMPs. :
28. That prior to issuance of the first building permit, excluding model homes, the fnal map shall be
submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be
xecorded in the Office of the Orange County Recorder (Subdivision Map Act, Section 66499.40).
29. That since the site is located within a liquefaction zone on a Seismic Hazard Map issued by the State of
CalifomiaDivis9ons of Mines and Geology (DMG), the developer must submif a geotechnical report that
meets the requirements for a"Screening Investigation for Liquefaction PotentiaP' as identified in DMG
special publication 117 "Guidelines for Evaluating and Mitigating Seismic Hazards in California" prior to
grading plan approval. Please note that if the findings of the screening investigation cannot demonstrate
the absence of liquefaction hazards, then the comprehensive quantitative evaluation must be conducted
to develop mitigation recommendations to effectively reduce the hazard to an acceptable IeveL
30. That the developer shall submit a cash payment in an amount determined by the City Engineer to be
sufficient to pay for the required street improvements along Lincoln Avenue. The cash payment shall be
paid to the Public Works Department, Development Services Division prior to issuance of a building
permit.
31. 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, and as conditioned herein.
32. That prior to approval of a grading plan, Condition Nos. 17, 26 and 29, above-mentioned, shall be
complied with.
33. That prior to issuance of a building permit, or within a period of one (1) year frorn the date of this
resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 6, 8, 9, 12, 13, 15, 17, 18, 22, 23, 24, 25, 28
and 30, 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 Anahe;m MunicipaL
34. That prior to final building and zoning inspections, Condition Nos. 8, 16, 17, 20, 21, 24, 27 and 31,
above-mentioned, shall be complied with.
35. 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.
36. That timing for compliance with conditions of approval may be amended by the Planning Director
upon a showing of good cause provided (i) equivalent timing is established that satisfies the original
intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal
Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or
approved development.
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PC2006-73
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BE IT ~URTHER RESOLVED that the Anaheim Planning Commission'does hereby find and .
determine that adoption of this Resolution is expressly predicated upon applicanYs compliance with each and
all of tfie 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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case appfication within 15 days of the issuance of the final invoice or
prior to the issuance of building permits far this project, whichever occurs first. Failure to pay all charges
shall result in delays in the issuance of required permits or#he revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
August 21, 2006. Said resolutiorr is subject to the appeal provisions set forth in Chapter_18.60, "Zoning
Provisions - General" ofthe Anaheim Municipal Code pertaining to app I procedures and may be replaced
by a City Council Resolution`in the event of an appeal.
, /, -
iRMAN, AN HEIM PLANMING COMMISSION
ATTEST;
r _
SENIOR SECRETARY, AN HEIM 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 August 21, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
T~
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
e!~ij~,,~/L, 2006.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
PC2006-73