Resolution-PC 2007-7. ~ _
RESOLUTION NO. PC2007-7
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2006-05160 BE GRANTED
{606 EAST ORANGEWOOD 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: THE EAST 85 FEET OF THE NORTH 200 FEET OF LOT(S) FOURTEEN OF
ORANGEWOOD TRACT, IN THE CITY OF ANAHEIM,' COUNTY OF 'ORANGE, STATE OF
CALIFORNiA AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 7 PAGE(S) 42 OF
MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
THENCE NORTH LINE OF SAID LOT FOURTEEN $EING THE SOUTH LINE OF
ORANGEWOOD AVENUE, AS SHOWN ON SAID MAP, 40 FEET WIDE.
PARCEL 2: AN UNDIVIDED 1/70TH INTEREST IN AND TO THA7 PORT{ON OF LOT
FOURTEEN OF ORANGEWOOD TRACT, AS SHOWN ON MAP RECORDED IN BOOK 7
PAGE(S) 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEG{NNING AT A POINT IN SAlD LOT 145 FEET WESTERLY AND 237.5 FEET SOUTHERLY
FROM THE NORTHEAST CORNER OF SAID LOT; THENCE SOUTHERLY PARALLEL TO THE
EAST LINE-0F SAID LOT, 60 FEET; THENCE WESTERLY, PARAL.LEL TO THE NORTH LINE
OF SAID LOT, 25 FEET; THENCE NORTHERLY, PARALLEL TO SAID EAST LINE OF SAID
LOT,'60 FEET; THENCE EASTERLY, PARALLEL TO THE NOR7M LINE OF SAID LOT, 25
FEET TO THE POINT OF BEGINNING.
WHEREAS, the Planning Commission did hoid a pubiic hearing at the Civic Center in the
City of Anaheim on January 8, 2007, 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 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 request to construct three (3), single-fami{y homes in the RS-4 zone, fronting on a
private access easement, is properly one for which a conditional use permit is authorized by Anaheim
Municipal Code Section 18.04.030.080 ( Special Provisions for Dwellings- Single-Family Detached) and
18.04.160.010 (Development in the RS-4 Zone) with waivers of the following:
(a} SECTION NO. 18.04.060.020 Minimum lot depth abuttinq an arterial hiahwav 120
feet required; 69 feet proposed)
(b) SECTION NO. 18.40.020.040 ReQUired frontaqe on a qublic or private street
(Frontage on a private or public street required;
Frontage on private access easement proposed for
two lots)
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2. That waiver (a) pertaining to the minimum lot depth abutting an arterial highway is hereby
approved because several other properties on Orangewood Avenue do not have the code required depth
and range from 65 feet to 105 feet in depth; therefore, compliance with the code would deprive this property
of a privilege enjoyed by other properties in the vicinity.
, 3. That waiver (b) pertaining to the required lot frontage on a public streef is hereby approved
based on the finding thatsurrounding properties developed with multiple family residences also have private
drives for access and the development guidelines for small-lot developments discourage multiple driveways
Therefore, compliance with the code would deprive this property of a privilege enjoyed by other properties in
the vicinity. In addition, this property is narrower and smaller in size than most of the properties in the
vicinity, and is the only parcel with the RS-4 zone.
4. ' That the proposed single-family residences are compatible with each other within the
development and with the scale, mass and orientation of the other single-family residences in the area.
5. That vehicular and pedestrian access are adequate and 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 proposed private access easement is wide enough to accommodate
ingress and egress and the density proposed is consistent with the General Plan designation for the
property.
6. That the project complies with the General Plan and the Subdivision Map Act and the impact
of theprojecf to the surrounding area has been mitigated to the maximum extent practicable.
7. That the proposed construction of three (3) single family residences would not adversely
affect the adjoining land uses and the health and safety of the area because the lot is surrounded by multiple
family residences to the west and single family residences to the east, and the proposed development will
serve as a buffer between those two uses.
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 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 substantiaf 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 folfowing 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 the owner shall submit a letter to the Planning Services Division requesting termination of
Conditional Use Permit No. 3669 (to permit a church with waiver of minimum setback for institutional
uses and structural height adjacent to residential zones).
2. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four
(24) hours from the time of discovery.
3. That the proposed driveway approach shall be perpendicular to the street for improved visibility. Said
information shall be shown on plans submitted for building permits. Improvements shall be complete prior
to final building and zoning inspections.
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4. That it is the responsibility of the applicant to remove antl relocate any traffic signal equipment or any
other related item to the traffic signal at the applicants expense if the project requires street widening
or new/modification of the driveway.
5. Thatpr+or to issuance of a 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.
6. That prior to issuance of a 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 review and approval by the City an Operation and Maintenance Plan for all structural
BMPs.
7. That the owner shall remove existing driveway approaches and construct new driveway approaches, curb,
gutter, and sidewalk. Parkway irrigation shall be connected to the on-site irrigation system and maintained
by the property owner. A bond for the improvements shall be posted in an amount approved by the City
Engineer and a form approved by the City Attorney prior to issuance of a building permit. Obtain a Right of
Way Construction Permit from the Development Services Division for all work performed in the public
right-of-way. Improvements must be complete prior to final building and zoning inspections.
8. That prior to issuance of a building permit, the City of Anaheim Drainage Impact Mitigation Fee for the
South Central Area shall be paid. The fee is currently $ 14,324/ net acre. Credit will be applied for the
current development. The project architect or engineer must document the existing impervious area and
the proposed impervious area. If the impervious area remains the same or decreases, no fee is due. If
the impervious area increases, the fee will be proportional to the increase.
9. This condition of approval was deleted at today's public hearing.
10. This condition of approval was deleted at today's public hearing.
11. That any gates shall not be installed across any driveway or private street in a manner, which may
adversely affect vehicular traffic on the adjacent public street. Installation of the gates shall conform to
the Engineering Standard Plan N. 475 and shall be subject to the review and approval of the City
Traffic and Transportation Manager prior to issuance of a building permit.
12. That no required parking area shall be fenced or otherwise enclosed for storage uses.
13. That the two remaining trees adjacent to Orangewood Avenue must be protect in place providing a 10
foot trunk, not piling soil or debris within this zone, protecting the tree canopy from damage or
breakage during construction. Said information shafl be specifically shown on plans submitted for
building permits.
14. 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.
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15. 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.
16. 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
17. 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.
18. 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.
19. That any new backflow equipment shall be located above ground outside of the street setback area in
a mannerfully screened from all public streets. Any backflow assemblies currently 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 tnspecto~ before submittal for building permits.
20. 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 shaN be responsible for the costs to upgrade or to abandon any water service or fire line.
21. That all air conditioning apparatus and other roof and ground-mounted equipment shall be properly
shielded from view and the sound buffered from adjacent residential properties and the public right-of-way.
Such information shall be specifically shown on the plans submitted for building permits.
22. That all dwelling units shall be assigned street addresses by the Planning Department.
23. That final building elevation plans shall be submitted to the Planning Services Division incorporating
the use of greater articulation and variety of architectural styles. Plans shall indicate the removal of the
utility/storage room that is facing Orangewood Avenue and enhancing the elevation to provide a street
identity with attractive front porches or other elements.
24. That final landscape and fencing plans for the subject property shall be submitted to the Planning
Department for review and approval. Said plans shall show minimum 24-ir-ch box size trees, shrubs,
groundcover, and clinging vines to be planted in layers on all walls visible from the public right-of-way.
The landscape material selected shall be appropriate to the width of either the parkway or the planter area.
Any decision made by the Planning Services Division 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 shafl
be specifically shown on the plans submitted for building permits.
25. 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.
26. That prior to approval of a grading plan, Condition No. 5, above-mentioned, shall be complied with.
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28.
29,
30
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, 3, 7, 8, 11, 13, 15, 16, 17, 19, 21, 22, 23 and 24,
above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be
granted in accordance with Secfion 18.60.170 of the Anaheim Municipal Code.
That prior to final building and zoning inspections, Condition Nos. 3, 6, 7, 20 and 25, above-mentioned,
shall be complied with.
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.
That timing for compViance with conditions of approval may be amended by the P{anning 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.
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 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 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 approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 8, 2007. Said resofution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal. ~~/`~ ,~~
~ CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
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SENIOR SECRETARI~, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
t, 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 ,
hefd on January 8,.2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLORES
IN WITNESS WHEREOF, I have hereunto sef my hand this ~ day of
2007. ,
..s-a_- / ~'~~p~l/µe
SENIOR SECRETARY; ANAHEIM PLANNING COMMISSION
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