Resolution-PC 2006-90• •
RESOLU710N NO. PC2006-90
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FORVARIANCE N0. 2006-04703 BE GRANTED, IN PART
(2248 SOUTH LOARA STREET)
WHEREAS, the Anaheim 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::
ALL 'THAT CERTAIN PROPERTY SITUATED IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, AND STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS:
THE SOUTH 77 FEET OF THE SOUTH '/z OF THE WEST '/2' OF THE WEST '/z OF THE
NORTHEAST -'/4 OF THE SOUTHWEST'/4 OF SECTION 28, TOWNSHIP 4 SOUTH, RANGE 10
WEST, S.B.B.&M.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City
of Anaheim on October 30, 2006, at 2;30 p.m., notice of said public hearing having been duly given as
required by Jaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60
'Procedures", to hear and consider evidence for and against said proposed variance 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 applicant proposes waivers of the following to construct five (5) attached single-,,
~family residences:
(a) Section No. 18.06.090.030 Minimum landscape setback.
(5 feet required; 3 feet proposed)
(b) Section No. 18.06.090.060 Maximum permitted wall lenqth.
DELETED.
2. That the above-mentioned waiver (b) is hereby denied because it has been deleted.
3. That waiver (a) pertaining to minimum landscape setback, is hereby approved on the basis
that there is a special circumstance applicable to the property consisting of its narrow width and long length,
that limits the layout of the property to a linear design; while properties to the north of identical zoning "
classification have average widths of 110 feet. This characteristic is unique to this property and does not
apply to other identically zoned property in the vicinity, and the strict application of the Zoning Code would
deprive subject property of privileges enjoyed by other properties in the identical zone and classification in the
vicinity.
4. That the requested two (2) foot landscape deviation under waiver (a) creates visual interest by
breaking up the length of the property and the deviation would be imperceptible to the property to the south
(school) due to the construction of a new 6-foot high block wall along the south property line. In addition the
school facilities and the south property line are separated by a 20-foot wide landscape setback. The waiver is
necessary for the preservation and enjoyment of a substantial property right possessed by other property in
the same vicinity and zone, and denied to the property in question.
5. That the requested variance will not be materially detrimental to the public welfare or injurious
to the property or improvements in such vicinity and zone in which the property is located.
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6. 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 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 nosubstantial evidence that theproject will
have a significant effect on the environment. ,
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning 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 health and safety of the '
Citizens of the City of'Anaheim:
1. That all condominium units shall be assigned a street address on Loara Street, and submitted to the
Building Division forreview and approvaL -
2. That roll-up garage doors shall be shown on plans submitted for building permits. Said doors shall be
` installed and maintained ss shown on submitted;plans. '
3. That gates shall notbe 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 subject to the review and approval o the`City Traffic
and Transportation Manager. Said information shall be specifically shown on plans submitted for
building permits.
4. That plans shalf 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.
5. 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.
6. 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.
7. That final landscape plans shall be submitted to the Planning Services Division for review and approvaL
Said plans shall specify plant types, sizes, quantity and locations, and shall show landscaped pockets
between the garage doors, a minimum of one (1) tree within the rear yard of each unit, and a layered
landscape concept consisting of trees, shrubs and groundcover in the setback adjacent to Loara Street.
All trees shall be minimum twenty-four inch (24") box sized. 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 professionallymaintained by the property owner
to ensure mature, healthy growth. Such information shall be specifically shown on the plans submitted
for building permits.
8. 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.
9. 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 w'ithin twenty-four (24) hours from time
or discovery.
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10. That all plumbing,or other similar pipe fixtures located on the exterior of the buildings shail be fully
screened by architectural devices and/or appropriate building materials. Said information shall be
specifically shown on the plans submifted forbuildingpermits.
11. That this Variance is granted subject to the approval and recordation of Tentative Tract Map No. 17045,
now pending. _
12. That.any required relocation of City electrical facilities shail 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.
13. ThaYno required parking shall be fenced or otherwise enclosed for outdoor storage uses.
14. That the owner shall be responsible for the relocation/removal of any traffic signal equipment or any
other related 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 siteplan showing the storage and collection areas for automated trash barrels for each unit.
16. 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 vaulf
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 mannerfully 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 buifding permits.
17. 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.
18. ThaYall 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.
19. 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 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.
20. That prior to application for water meters, fire line or submitting the water improvement pians 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 project shall occur in
accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations.
21. That'a 20 foot easement is required for public mains in the property or 5 feet around any water facilities.
Said information shall be specifically shown on plans submitted for building permits.
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22. That final detailed elevation plans including colors and materials shall be submitted to the Pfanning
Services Division for review and approvai. Any decision by staff regarding said plans may be appealed
to the Planning Commission as a`Reports and Recommendations" item.
23. That all grading shall conform to requirements of Chapter 17.04 of the Anaheim Municipal Code. A
grading plan shall be submitted to the Departmenf of Public Works, Development Services Division for
review and approvaL
24. That a driveway approach shall be reconstructed to be in conformance with Public Works Standard
Detail 114-A. The beginning of transition from curb shall be located a minimum of 1 foot from the
propertyline. Said information shall be specifically shown on plans submittedfor building permits. .
25. 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.
• Incorporates Treatment Control 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 maintenance of the Treatment
Control BMPs.
26. 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 imp~ement 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 review and approval by the City an Operation and Maintenance Plan for alf structural
BMPs.
27. That since the site is located within a liquefaction zone on a Seismic Hazard Map issued by the State of
California Divisions of Mines and Geology (DMG), the developer must submit a geotechnical report that
meets the requirements for a"Screening Investigation for Liquefaction Potential" 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
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28. That the developer shall submit street improvement plans to the Public Works Department,
Development Services Division to impr'ove Loara Street in conformance with Public Works Standard
Detail 160-A. The parkway landscaping strip and sidewalk shafl be constructed with the parkway.
irrigation connected to the on-site irrigation system and maintained by the property owner. A bond for
the requirements'shall be posted in an amounted approved by the City Engineer and a form approved
by the City Attorney prior to final map approvaL The improvements shall be constructed prior to #inal
building and zoning inspections.
29. That 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.
30. That a cross lot drainage agreement for stormwater runoff shall be provided. Provisions on the plans
shall be made so that runoff on the north side of the property draining west is nofi impeded by walls.
31. That prior to issuance of the first building permit, excluding model homes, the final map shall be
submitted to and approved by the City of Anaheim and the Orange County SurVeyor 2nd then shall be
recorded in the Office of the Orange Counfy Recorder (Subdivision Map Act, Section 66499.40).
32. That the property owner shall submit aJetter requesting termination of Conditional'Use Permit Na 964
(to permit a rest home for the ambulatory aged) to the Planning Services Division.
33. That final fencing plans shall be submitted to the Planning Services Division for review and'approvaL
The fencing plan shall incorporate a six (6) foot high decorative block wall along the north and east :
property lines and an eight (8) foot high block wall along the south property lines and clinging vines
adjacent to all block walls. Any decision made by the Planning Services Division regarding said plan
may be appealed to the Planning Commission as a"Reports and Recommendation" item.
34. 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.
35. That prior to approval of a grading plan, Condition Nos. 25, 27 and 30, above-mentioned, shall be
complied with. _
36. 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, 10, 11, 12, 15, 16, 17, 19, 21, 22, 24,
28, 31, 32, and 33, 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
37. That prior to final building and zoning inspections, Condition Nos. 14, 26, 28, 29, and 34, above-
mentioned, shall be complied with.
38. 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
39. 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 Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and
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all of the conditions hereinabove set #orth. 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 lT f URTHER 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 final invoice or
prior to the issuance of buildingpermits for thisproject, whichever occurs first. Failure to pay aU charges shall
result in delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 30, 2006. Said resolution is'subject to the appeal provisions set forth in Chapter 18.60, "Procedures"
of the Anaheim Municipal Code pertaining to appeal procedures and ma be replaced by a City Council
Resolution in the event of an appeaL ' _
/ ~....__
CHAIRM N, NAH PLANNING COMM ION
ATTEST:: '
~ t -
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
October 30, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
/~// veM ~ er , 2006.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISStON