Resolution-PC 2006-96~ . . . . . . . . . ~ ~ . ~ . . . ~ . . . ~ ~ . . ~ ~ ~ ~ . .
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RESOLUTION NO.PC2006-96
A RESOLUTION OF THE ANAHEIM PLANNING COMM1SS10N
THAT FETITION FOR CONDITIONAL USEPERMIT NO. 2006-05126 BE GRANTED
(2100 SOUTH LEWIS STREET)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit forcertain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHOWN ON A MAP FILED IN BOOK 43, PAGE 15 OF PARCEL MAPS, 1N THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM THAT PORTION OF PARCEL 1, AS SHOWN ON A MAP FILED W BOOK.
43, PAGE 15 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF ORANGEWOOD AVENUE WITH
THE CENTERLINE OF LEWISSTREET AS SHOWN ON SAID PARCEL MAP; THENCE ALONG THE
CENTERLINE OF SAID LEWIS STREET (65 FEET WIDE) SOUTH 00° 25 50" EAST, 87,55 FEET;,
THENCE AT RIGHT ANGLES OF SAID CENTERLINE NORTH 89° 34' 10" EAST 20.00 FEET TO A
POINT IN THE WESTERLY LINE OF SAID PARCEL 1, SAID POINT BEING THE POINT OF
BEGINNING; THENCE THROUGH SAID PARCEL 1 THE FOLLOWING COURSES:
(1) NORTH 89° 34' 10" EAST, 25.00 FEET TO THE BEGINNING OF A CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 22.00 FEET, FROM WHICH A RADIAL LINE OF SAID
CURVE BEARS NORTH 89° 34' LO" EAST; THENCE;
(2) NORTHERLY, NORTHEASTERLY AND EASTERLY 35.06 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 91° 18' 21"; THENCE
(3) TANGENT TO SAID CURVE SOUTH 89° OT 29" EAST 149.11 FEET; THENCE
(4) NORTH 0°"52' 3T' EAST, 1.25 FEET; THENCE
(5) SOUTH 89° 07' 29" EAST, 168.69 FEET; THENCE
(6) SOUTH 0° 52' 31" WEST, 1.25 FEET; THENCE
(7) SOUTH 89° 07' 29" EAST, 50.37 FEET TO A POINT IN THE NORTHEASTERLY LINE OF SAID
PARCEL 1, AND THE HEREIN-DESCRIBED LINE THERE TERMINATING.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of
Anaheim on September 18, 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 hearand
consider evidence for and against said proposed conditional use permit and to investigate and make findings
and recommendations in connection therewith; and that said public hearing item was continued to the October
16, and October 30, 2006, Planning Commission meetings; and
WHEREAS, said Commission, after due inspection, investigation and study made by itsetf 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 convert a 132-unit apartment complex into a 132-unit residential
condominium planned unit development with modification to standards is permitted in the RM-4 Zone as a
Planned Unit Development (PUD) subject to the approval of a conditional use permit under authority of Code
Section Nos. 18.06.030.090, 18.06.160 (PUD), and 18.38.100.020 (Conversion of Existing Multiple Family
Structures) with waivers of the following:
(a) SECTION NO. 18.06.040.010. Minimum lot area per dwellinq unit
(1,200 square feet per unit required; 1.152
square feet per unit existing and proposed)
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(b) SECTION NO. 18:06.090.050 Minimum setbacks between buildinc~s.,
~ 30 feet and 15 feet required; 9 and 11 feet
_ ' proposed)
. (c) SECTION NO. 18.06.090.060 Maximum wall lenqth DELETED
2. Thaf waiver (a) pertaining to the minimum lot area per dwelling unit is hereby approved because
although the lot area per dwelling unit requirement is within the Zoning Code; it is a standard that is an
implementation of the:density designated by the General Plan for this site. State Law prohibits cities from
denying a request for an airspace subdivision within an existing structure'due to inconsistency with the General
: Plan (in this case,;the allowed density of 36 dwelling unitsper acre; 38 dwelling units existing and proposed)).
Since'specified sections of the Subdivision,Map Act to deny the subdivision cannot be applied to this project, the
application of this development standard would, in effect'apply the Subdivision Map Act secfion that is
, prohibited:
3. 7hat waiver{b) pertaining to the minimumrequired setbacks between buildings is hereby
approved as the existing site contains building separations that vary considerably. An apartment complex
across Orangewood contains similar building separations for ~arious wall types and thestrict application of the
zoning code deprives the property of privileges enjoyed by this other property under identical zoning
classification in the vicinity.
4. That waiver (c) pertaining to maximum wall length is hereby denied because this section of the
Code has been modified and this waiver is no longer required. .
5. 7hat the proposed use will not adversely affect the adjoining land uses or the growth and
development of the area because the apartment complex is existing, and no expansion or increase of units is
proposed. The proposed conversion would be compatible with existing and surroundingJand uses and
modifications and upgrades proposed to the buildings would enhancethe visual impact of theproperty on
surrounding properties and livability for residents within the project ln addition, this proposal as conditioned is
consistent with other recently approved condominium subdivisions.
6. 7hat the requested setback modification along Orangewood Avenue is justified in this case ,
because a large portion of the setback area exceeds the minimum 20 feet required. With enhancements along
Orangewood Avenue, the property would meet the intent of this setback requirement along this street by
providing landscaping in a lush manner The modification of standard for the unit size only applies to four (4) of
one-bedroom units, and would not have a significant impact on the quality of the project. These units were
constructed as originally approved, and this modification from the Code allowed under the Planned Unit
Development portion of the code would not affect the livability of the development.
7. 7hat based upon review of the project with the requested modification of standards and waivers,
and taking into account the limitations on the density provisions based on the Subdivision Map Act, the sife
would comply with the intent of the General Plan and underlying Zoning Code, making the development suitable '
for conversion from an existing multiple family apartment complex to a single-family attached condominium
development.
8. 7hat the existing structures and other improvements are in compliance with the Uniform
Building Code and other applicable codes as adopted by the City of Anaheim.
9. That the proposed conversion would not create any new units or additional square footage and
therefore 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 has been adequate for the full
development of the existing use in a manner not detrimental to the particular area. :
10. 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 already exists
with 132 dwelling units (as previously approved): No increase in the number of units is proposed.
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11 ,That the granting of the conditional use permif under the conditions imposed, if any, will not be
detrimental to the health and safety of the citizens of the City of Anaheim. ~
12. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subjecf petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed theproposal; 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 commen,ts 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 projecfwill
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 health and safety of
the Citizens of the City of Anaheim:
1. That final landscape and hardscape plans shall be submitted to the Planning Commission forreview and
approval as a"Reports and Recommendations" item. The landscape plan shall incorporate layered
landscaping within the street setbacks along Orangewood Avenue and Lewis Street and clinging vines,
shrubs and groundcover adjacent to all block walls visible from the public right of way. ,Plans shall reflect
the following:
• Common open space amenities enhanced with permanent seating and decorative shade structures
and additional landscaping to make the pool area and picnic area more inviting:
• Existing utility equipment (gas meters and backflow device) shall be painted and screened with
landscaping where possible. '
• All landscaped planters shall be enhanced with the use of stacked stone or other decorative materiaL
• Exterior solid walls shall be enhanced with the use of stacked stone or other decorative material.
• The installation of landscaped planters within the courtyard areas between the buildings.
2. That all plumbing or other simi~ar 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 6e
specifically shown on the plans submitted for building permits.
3. That the property shall be permanently maintained in an orderly fashion byproviding regular landscape :
maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of
discovery.
4. That this Conditional Use Permit is granted subject to #he approval and recordation of Tenfative Tract Map
No. 17092, now pending.
5. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased andJor dead.
6. 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.
7. That a written Solid Waste Management Plan shafl be submitted to the Public Works Department, Streets
and Sanitation Division for review and approval. Said plan shall include a detailed, scaled site plan '
showing the storage and collection areas and the location of any trash enclosure with enclosure details
drawings, and truck access.
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8. That any new 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 currentty installed in a vault shall
be brought up to current standards. Existing large 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.
9. 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.
10. That all existing water services and fire lines shall conform to current Water Services Standards
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 or fire line:
11. That final detailed elevation plans and colors and materials shall be submitted to the Planning Department
for Planning Commission review and approval as a"Reports and Recommendations" item. Plans shall
reflect detailed fa~ade 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 thepublic
right-of-way. In addition, an enhanced surface shall be provided,within the interior courtyard and pool
areas in place of the existing gray concrete.
12. That the Home Owners Association (HOA) shall have the responsibility 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.
13. That a minimum of 100 cubic feet of storage area shall be provided for each unit. This information shall
be specifically indicated on plans submitted for building permits.
14. 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.
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 Departmenf marked
Exhibit Nos. 1 through 20, and as conditioned herein.
16. 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, 6, 7, 8, 9, 11, 13 and 14, above-mentioned, shall be complied
with. Extensions for further time to complete said conditions may be granted in accordance with Section
18.60.190 of the Anaheim MunicipaL
17. That prior to final building and zoning inspections, Condition Nos.10 and 15, above-mentioned, shall be
complied with.
18. 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.
19. 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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BE IT FURTNER RESOLVED thafthe Anaheim Planning Commission does hereby find 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
unenfqrceable by the final judgment of any court of competent jurisdiction, then this Resolution, antl any
approvals herein contained, shall be deemed null and void.
BE IT FURTHERRESOLVED 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 building permits for this,project, whichever occurs first. Failure to pay all charges shall result in
>delays in the issuance of required permits or the revocation of the approvaf 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, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining to procedures a may be replaced by
a City Council Resolution in'the event of an appeal.
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./'~CHAIR N, ANAHEIM PLANNING COMMISSION
ATTEST:
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SENIOR SECRETARY,' ANAHEIM PLANNING COMMISSION
STATE OF CAI~IFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, SeniorSecretary 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
pctober 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 /~ ~--L day of ~1/OV~.1vt~er,
2006.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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