Resolution-PC 2007-84. .
RESOLUTION NO. PC2007-84
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2007-05213 BE GRANTED
, '(5601 E~4ST ORANGETHORPE 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:
THOSE PORTIONS OF THE PRUDENGIO YORBA ALLOTMENT AND THE MARIA JESUS
YORBA DE SCULLY ALLOTMENT, ACCORDING TO TME DECREE OF PARTITION OF THE
RANGHO CANON DE SANTA ANA, RENDERED JN CASE N0. 1978 OF THE 17TH JUDICIAL
DISTRICT COURT OF CALIFORNIA, A CERTIFIED COPY OF WHICH WAS RECORDED `
fEBRUARY 8, 18741N BOOK 28, PAGE 158 OF DEEDS OF LOS ANGELES COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS: ,
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY PROLONGATION OF THE
EASI'ERLY LINE OF TRACT7416 AND THE CENTERLWE OF ORANGETHORPE AVENUE,
AS SHOWN ON A' MAP OF SAID TRACT 7416, RECORDED IN BOOK 311, PAGES 37
THROUGH 42 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF SAIp COUNTY;
THENCE NORTH 1°13'30" EAST ALONG SAID SOUTHERLY PROLONGATION AND SAID "
EASTERLY LINE, 497.51 FEET TO THE MOST EASTERLY CORNER OF SAID TRACT, SAID
CORNER ALSO BEING THE MOST SOUTHERLY CORNER OF TRACT N0. 8511, AS PER
MAP RECORDED IN BOOK 355, PAGES 37, 38 AND 39 OF SAID MISCELLANEOUS MAPS;
THENCE NORTH 20°26'29" EAST, ALONG THE SOUTHEASTERLY BOUNDARY OF SAID '
TRACT 8511, A DISTANCE OF 520.91 FEET TO THE NORTHERLY LINE OF SID
PRUDENCIO YORBA ALLOTMEN7; THENCE SOUTH 89°58;33' EAST, ALONG SAID
NORTHERLY LINE, 554.77 FEET TO A POINT NORTH 89°58;33' WEST, 19.26fEET FROM
STATION 1 OF SAID ALLOTMENT; THENCE SOUTH 26°OT51" EAST 43.60 FEET TO THE
EASTERLY LINE OF SAID PRUDENCIO YORBA ALLOTMENT; THENCE SOUTH 0°04;52'
WEST ALONG SAID EASTERLY LINE, 389.49 FEET TO STATION 3 OF THE TRACT OF '
FIRS7 AND SECOND CLASS LAND ALLOTTED TO SAID MARIA JESUS YORBA DE
SCULLY, SAID POINT ALSO BEING AND ANGLE POINT IN THE BOUNDARY OF THE LAND ,
DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED JULY 28, 1954 IN
BOOK 2778, PAGE 632 AND FOLLOWING OF OFFICIAL RECORDS, RECORDS OF SAID
ORANGE COUNTY; THENCE ALONG THE BOUNDARY OF SAID LAND, SOUTH 56°21;18"
WEST. 550.99 FEET TO THE CENTERLINE OF SAID ORANGETHORPE AVENUE, SAID'
CEN7ERLINE BEING A CURVE NORTHERLY AND HAVING A RADIUS OF 2000.00 FEET, A
RADIAL LINE OF SAID CURVE BEARS SOUTH 5°55'57" AND ARC DISTANCE OF 207.08
FEET; THENCE TANGENT NORTH 78° 18'33° WEST, ALONG SAID CENTERLINE, 361J6
FEET TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION INCLUDED WITHW pLACENTIA YORBA ROAD, AS DESCRIBED
IN A DEED RECORDED JANUARY 6, 1916 IN BOOK 280, PAGE 151 OF DEEDS, RECORDS
OF SAID ORANGE COUNTY.
WHEREAS, the Planning Cornmission did hold a public hearing at the Civic Center in the
City of Anaheim on July 23, 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
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WHEREAS, said Commission, affer 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 permit the conversion of an existing 304-unit apartment
complex to an attached airspace residential condominium complex with modification to standards for
minimum floor area and interior setbacks 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
waiver of the following provision: ' '
(a) SECTION NO. 18.06.090.050 Minimum setbacks between buildinqs.
(30 feet required; 10 and 25 feet proposed)
2. That the waiver pertaining to the minimum required sefbacks between buildings is hereby `
approved as the existing site contains building separations that vary considerably. An adjacent multiple
family residential development on Orangethorpe Avenue contains similar building separations for. primary
walls and the strict application of the zoning code deprives the property'of privileges enjoyed by this other
property under identical zoning classification in the vicinity.
3. , That #he proposed use will not adversely affecf the adjoining land uses or the growth and'
development of the area because the apa~tment complex is existing, and no expansion or increase of units is
proposed. The proposed conversion would be compatible with existing and surrounding land uses and
modi~cations and upgrades proposed to the buildings would enhance the visual impact of the property on
surrounding properties and the livability for residents within the project. In addition, this proposal as
conditioned is consistent with other recently approved condominium subdivisions.
4. That based upon review of the project with the requested modification of standards and
waiver, the site would complywith the land use and density policies 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. -
5. That the uses within the project are compatible and the scale and mass of the existing
buildings are compatible with the scale, mass, bulk and orientation of existing buildings in the surrounding
area.
6. That vehicular and pedestrian access are adequate and the size and shape of the site is
adequate for the conversion.
7. That 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.
8. That the proposed conversion would not create any new units or additional square footage
and therefore would not adversely affect the adjaining 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.
9. 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 304 dwelling units. No increase in the number of units is proposed.
10. That the granting of the conditional use permit under the conditions imposed, will not be
detrimental to the health and safety of the citizens of the City of Anaheim.
11. That no one indicated their presence at said public hearing in opposition; and that finro
e-mails were received in opposition to the subject petition.
-2- PC2007-84
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CALIFORNIA ENVIRONMENTAL QUAUTY ACT FINDING: That the Anaheim Planning :
Commission has reviewed the proposal; and does hereby approve the Negative Declaration upon finding
that the declaration reflectsthe'independent judgment of the lead agency and that if 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 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:
Prior to final buildina and zonina inspections or within a period of two (2) vears, the followins~
conditions shafl be complied with:
1. 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 ExhibifNos. 1 through 9, and as conditioned herein.
General Conditions:
2. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works
Department and in accordance with approved plans on file with said Department. Said storage areas
shall be designed, located and screened so as not to be readily identifiable from adjacent streets or
highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of
plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot
centers or tall shrubbery. „
3. 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.
4. That adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and
ground contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate
illumination to make clearly visible the presence of any person on or about the premises during the
hours of darkness and provide a safe, secure environment for all persons, property, and vehicles
onsite.
5. That any tree p{anted on-site sha{{ be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
6. That extensions for further time to complete conditions of approval may be granted in accordance with
Section 18.60.170 of the Anaheim MunicipaL
7. That this Conditional Use Permit is granted subject to the approval and recordation of Tentative Tract
Map No.17175, now pending.
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 currently installed in a vault
shall be brought up to current standards. Existing large water system equipment shall be fu11y
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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9. That if this site does not already have a separate irrigation meter, a separate irrigation meter shallbe
installed and shail comply with CityDrdinaiice 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 sfiall be upgraded if
continued use is necessary or abandoned if the existing service is no ionger needed. The
owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line.
11. That the Home Owners Association (HOA) shall have the responsibility to maintain the building
exteriors and use of the property for residential development. AU 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.
12. 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.
13. That timing for compliance with conditions of approval may be amended by the Planning Director upon
a showing of good cause provided (i) equivalenftiming 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 orapproved
_ development.
. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine thafadoption 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 tfiat 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, whicheve~ 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
July 23, 2007. Said resolution 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
CHAI A, A HEIM PLANNI OMMISSION
ATTEST:
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SENtOR SECRESARY, ANAHE{M PLANNWG COMMISSION
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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 July 23, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAKI, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLORES, ROMERO
N WITNESS WHEREOF, I have hereunto set my hand this ~ day of
av v , 2007. _
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SENIOR SECRETARY, ANAHEIM PLANNING'COMMISSION