Resolution-PC 2007-91! •
' RESOLUTION NO. PC2007-91
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
TMAT PETITION FOR CONDITIONAL USEPERMIT N0. 2007-05200 BE APPROVED
(1556 WEST KAT~LLA AVENUE)
WHEREAS, the Anaheim Pianning Gommission 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 follows:
l'MAT NORTH MALF OF THE WEST HALF OF TME NORTHEAST QUARTER OF :
_, THE fVORTHWEST QUARTER OF SECTION 28, TOWNSHIP 4 SOUTH, RANGE
10 WEST, IN THE RANCMO LAS BOLSAS, IN THE CITI~'OF ANAHEIM, COUNN
OF QRANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED 1N BOOK 51,
PAGE(S)10 OF MISCELLANEOUS MAPS, RECORDS:OF ORANGE COUNTY,
CAI.I FORN lA.
EXGEPT THEREFROM THAT PORTION INCLUDED WITMIN TRACT NO.'3240,
AS MAPRECORDEp1N BOOK 113, PAGE(S)1, 2 AND 3'OF MISCELLANEOUS
MAPS, RECORDS OF SAID ORANGE COUNTY. '
ALSO EXCEPT THEREFROM THAT PORTION INCLUDED WITHIN THE LAND
DESCRIBED W DEEp TO THE ORANGE COUNTY FLOOD CONTROL' DISTRICT, '
RECORDED OCTOBER 14, 1957 1N BQOK'4069, PAGE(S) 188 0F OFFICIAL
RECORDS OF SAID ORANGE COUNTY. ' -
ALSO EXCEPT THEREFROM THAT PORTION LYINGNORTMERLY AND
' WEST~RLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE NORTHEAST CORNER OF LOT 37 OF THE ABOVE
MENTIONED TRACT NO. 3240; THENCE ALONG THE EASTERLY
PROLONGATION OF THE NORTH LINE OF SAID LOT 37, NORTH 89° 13' 30"
' EAST 10.18 FEET; THENCE NORTH 00° 55' 30" WEST 186.00 FEET TO THE
NORTH LINE OF SAID SECTION 28.
ALSO EXCEPT THERE FROM THAT PORTION GRANTED TO CITY OF
ANAHEIM BY ORDER FOR PREJUDGMENT POSSESSION RECORDED MAY 16,
2006 AS INSTRUMENT NO. 06-328734, OF OFFICIAL RECORDS.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
Cityof Anaheim on August 6, 2007, at 2:30 p.m., notice of said publichearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Cotle, 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 that said public hearing was continued to
the July 9, 2007 and July 23, 2007 and August 6, 2007 Planning Commission meeting; 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 a conditional use permit to construct an 11-unit detached single-
family residential subdivision with waiver of the following provision:
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CODE SECTION N0.18.40.060.030 Improvement of private street.
(28 food wide street, 4 foot sidewalk, 6 foot side
, parkway required; 28 foot wide street, no
' parkway and sidewalk proposed)
2. That the requested waiver is hereby a~proved, because the property is very narrow and
deep. Compliance with this development standard would deprive this property of the ability to reasonably
develop. The narrow nature of the lot would preclude any usable yard if this waiver was not granted.
3. That the proposed request to construct a 14-unit attached single-family residential
condominium,complex with modification to standards is properly one for which a conditional use permit is
authorized byAnaheim Municipal Code Section Nos. 18.06.030.040.0402 (Dweilings - Single-Family
Attached) and 18.06.160.
4. 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 surrounding land uses and complies with all provisions of the code.
5. That the uses within the project are compatible and the new buildings are compatible with
the scale, mass, bulk, and orientation of existing'buildings in the surrounding area. Theproject is consistent
with applicable design guidelines adopted by the City.
6. 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 full development of the proposed use in a manner not detrimental to the particular.
7. That vehicular and pedestrian access is adequate. 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.
8. That 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.
9. 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 deny subject Petition for Conditional Use Permit on the basis of the aforementioned findings.
Prior to issuance of a buildina permit or within a period of one (1) vear from the date of this
resolution whichever occurs first the followina conditions shall be complied with:
1. That final landscape and 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 clinging 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 aReports and Recommendations item: All trees shall be properly and
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professionally maintained by the property owner to ensure mature, healthy growth. Such information
shall be specifically shown on'the plans submitted for building permits.
2. That final detailed elevation plans including colors and materiais shall be submitted to the Planning
Services Division for review and approvaL Any decision by staff regarding said plans may be appealed
to#he Planning Commission as a'`Reports and Recommendations" item.
3. That prior to issuance of the first building permit, excluding model homes, the ~nal map shali be
submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be '
recorded in the Office of the Orange CountyRecorder (Subdivision Map Act, Section 66499.40).
4. That all air-conditioning facilities and other ground-mounted equipment shall be properiy shielded from
view and the sound buffered from adjacent residential properties. Such information shall be specifically
shown on the plans submitted for building permits.
5. That roll-up garage doors shali be shown on plans submitted for.building permits. :Said doors shallbe
installed and maintained as shown on submitted plans. _
6. That all plumbing or other similar pipes and ~xtures located on the exterior of the building shall be fully
screened by architectural devices and/or appropriate buiiding materials. Said information shail be
specificaliy shown on the plans submitted for building permits.
7. That an automatic fire sprinkler system shall be designed, installed and maintained as required by the
Fire Department: Such information shail be specifically shown on the plans submitted for building
permits.
8. 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.
9. 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.
10. 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 shall be specifically shown on plans submitted
for building permits.
11. 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.
12. 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.
13. 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 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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irrigatio ce this project has a common landscaping area exceeding 2,500 square feet, a separate
14. That si n 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 buildingpermits.
` 15. That all;existing water services and fire lines shaii conform to current Water Services Standards
Specification. 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 applicant shall
' be responsible for the costs 4o upgrade or abandon any water service or fire line.
16. That prior to application for water meters, ~re line or submitting the water improvement plans for
approval, the developer/owner shall submit to the Public Utilities Watec Engineering Division an estimate
of the maximum fire flow rate and maximum day and peak hour water demands for the project. This
information wili'be used to determine the adequacy of the existing water system to provide the estimated
~ water demands:- Any off-site watersystem improvements required to serve the project shail occur in
accordance with Rule No. 15A.6 of #he WaterUtility Rates, Rules and Regulations.
17. That the owner shall submit a letterto the Planning Services Division requesting termination of
Conditional Use,Permit No. 3489 (to permit a commercial retail center consisting of 8,493 square feet of
office use, 481''square feet of retail use and 424 square#eet of restaurantUse) since this permits are no
ionger necessary.
18. That final plans submitted for building permits shall include enhanced paving along the private street to
create a faux sidewalk for pedestrian access.
Prior to issuance of a stradin~ permit the followina c~, onditions shall be complied with:
19. That prior to the issuance of grading permit, the applicant shall submit a Final Water Quality :
Management Plan to the Public Works Department Development Services Division for review and
approval.
20. That prior to the issuance of grading permit, the applicant shall submit a Drainage Study prepared by a
registered professional Civil Engineer in the State of California. The study shall be based upon and
reference the latest edition of the Orange County Hydrology Manual, the applicable City of Anaheim
Master Plan of Drainage for the project area. All drainage sub-area boundaries per the Master Plan for.
Drainage shall be maintained. The study shall include: an analysis of 10-, 25- and 100-year storm
frequencies; and analysis of all drainage impacts to the existing storm drain system based upon the
ultimate project build-out condition; and address whether off-site and/or on-site drainage improvements
(such as detention/retention basins or su~Face runoff reduction) will be required to prevent downstream _
properties from becoming flooded.
Prio^ r to final~, b~ina and zonin~ inspections th~followin~t conditions shall be complied with:
• 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-structu~al 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 ,
SMPs. _
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• That all improvements to the right-of-way shali be constructed prior to certification of occupancy.
21. That subject property shall be developed substantially in accordance with plans and specificafions
submitted to the City of Anaheim by the applicant and which plans are on fi(e with the Planning
Department marked Exhibit Nos: 1 through 5, and as conditioned herein. ,
General Conditions:
22. That aU requests for new water services or fire lines, as well as any modifications, relocations, or
abandonment of existing water services and fire lines, shalt be coordinated #hrough Water Engineering
Division of the Anaheim Public Utilities Department:
23. That #his Conditional Use Permit is granted subject to the approval of General Plan Amendment Na
2007-00455, Reclassification Na 2007-00198, and approval and recordation of Tentative Tract Map No.
17116, now pending. _ ,
24. 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.
25. That the property shail 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.
26. That the CC&Rs for the development shall include provisions that (1) requires that the two-car garages
be utilized for the parking of vehicles and (2) that any parking in tandem to private garages shall not
preclude vehicular access for any other units.
27. 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.
28. That timing for compiiance 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 Municipat Code and (iii) the
applicant has demonstrated significant progress toward establishment of the use or approved
development.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
August 6, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of
the Anaheim Municipai Code pertaining to appeal procedures and may be replaced by a City Council
Resolution in the event of an appeaL /
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CHAIRMAN, ~AHEIM PLANNI. JCOMMISSION
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ATTEST:
,
SENIOR SECRETARY, ANAHEIM PLANNING 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 August 6, 2007, by the following vote of the members thereof; ,
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, ROMERO, VELASQUEZ ,'
NOES: COMMISSIONERS: NONE '
ABSENT: COMMISSIONERS: KARAKI
JN WITNESS WHEREOF, I have hereunto set my hand this ~~~ day of
v , 2007. '
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION `