Resolution-PC 2007-130i
RESOLUTION NO. PC2007-130
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A RESOLUTION OF THE ANAHEIM PLANNiNG COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05204 BE APPROVED
(121 - 131 SOUTH DALE 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 follows:
PARCEL l:
THE NORTH 148.00 FEET OF THE SOUTH 296.00 FEET OF THE EAST 4 ACRES OF THE
NORTH 10 ACRES OF THE EAST 13 ACRES OF THE NORTH 18 ACRES OF THE EAST 30
ACRES OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION
13, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE CITY OF ANAHEIM, SAN
BERNARDINO BASE AND MERIDIAN.
EXCEPTING THEREFROM THE NORTH 53.5 FEET THEREOF.
PARCEL 2:
THE NORTH 53.5 FEET OF THE SOUTH 296 FEET OF THE EAST 4 ACRES OF THE NORTH
10 ACRES OF THE EAST 13 ACRES OF THE NORTH 18 ACRES OF THE EAST 30 ACRES
OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13,
TOWNSHII' 4 SOUTH, RANGE 11 WEST, S.B.B. &M.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on August 20, 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 "Procedures", 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 September 5, 2007 and October 29,
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:
l. That the applicant proposes a conditional use permit to construct a 14-unit detached
single-family residential planned unit subdivision with modification of development standards and
waiver of the following provision:
CODE SECTION NO. 18.06.090.050 Minimum setback between buildin~s.
(40 feet required; 31 feet proposed)
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2. That the requested waiver is hereby approved, because unique circumstances exist
pertaining to the parcel width of 150 feet. Due to the width of the lot, once the required depth of the
garages are accounted for, minimal area is left for the drive aisle, living area within the unit and
setbacks adjacent to property lines. The narrow nature of the lot would limit the usability of the
setbacks along the north and south property lines if this waiver was not granted.
3. That the proposed request to construct a 14-unit attached single-family residential
planned unit condominium complex with modification to standards is properly one for which a
conditional use permit is authorized by Anaheim Municipal Code Section Nos. 18.06.030.040.0402
(Dwellings - 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 except as
requested herein.
5. That the new buildings are compatible with the scale, mass, bulk, and orientation of
existing buildings in the surrounding area. The project is consistent with applicable design
guidelines adopted by the City.
6. 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.
7. 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.
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.
CALIFOR1~tIA 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 approve subject Petition for Conditional Use Permit on the basis of the aforementioned
findings.
Prior to issuance of a building permit or within a period of one (1) vear from the date of this
resolution, whichever occurs first, the following conditions shall be comulied with:
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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. Decorative pavement shall be shown at the
vehicular entry to the site. 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 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 materials shall be submitted to the
Planning Services Division for review and approval. The elevations shall be peer reviewed by
the City's architectural consultant in order to address specific concerns to (1) modify the
material enhancements and projections to de-emphasize the height of the buildings and (2) vary
the monotone color scheme. Any decision by staff regarding said plans may be appealed to the
Planning Commission as a"Reports and Recommendations" item.
3. That prior to the issuance of the building permit, the Lincoln Avenue sewer upgrade project
shall be awarded to a contractor.
4. That all air-conditioning facilities and other ground-mounted equipment shall be properly
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 shall be shown on plans submitted for building permits. Said doors
shall be installed and maintained as shown on submitted plans.
6. That all plumbing or other similar 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 be specifically 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 shall 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.
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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 equipment in the right-of-
way in the event that street widening or the proposed 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.
14. 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.
15. That all existing water services and fire lines shall 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 to upgrade or abandon any water service or fire
line.
16. That prior to application for water meters, fire line or submitting the water improvement plans
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.
17. 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 and then shall
be recorded in the Office of the Orange County Recorder (Subdivision Map Act, Section
66499.40).
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18. That the owner shall submit a letter to the Planning Services Division requesting termination of
Variance No. 3459 (waiver of maximum structural height and required block wall to construct a
24-unit apartment complex) since this permit is no longer necessary.
Prior to issuance of a grading permit, the following conditions shall be complied with:
19. That the applicant shall submit to the Public Works /Development Services, for review and
approval, a Water Quality Management Plan, as described in Drainage Area Management Plan
for Orange County. Said WQMP shall:
• Address 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.
• Incorporate applicable Routine Source Control BMPs.
• Incorporate Treatment Control BMPs.
• Describe the long-ternl operation and maintenance, identifies the responsible parties, and
funding mechanisms for the Treatment Control BMPs.
20. That the applicant shall demonstrate that coverage has been obtained under California's General
Permit for Stormwater Discharges Associated with Construction Activity by providing a copy of
the Notice of Intent (NOn submitted to the State Water Resources Control Board and a copy of the
subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number. The
applicant shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy
of the current SWPPP shall be kept at the project site and be available for City review on request.
21. 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". 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 level.
22. That 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 and 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; an 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 surface runoff reduction) will be
required to prevent downstream properties from becoming flooded.
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Prior to final buildinE and zonin~ inspections, the followin~ conditions shall be complied with:
23. Remove the existing driveway approaches on Dale Avenue and replace with curb, gutter, parkway
landscaping and sidewalk. Obtain a Right of Way Construction Permit from the Public
Works/Development Services. Improvements must be complete prior to final building and zoning
inspections.
24. 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-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.
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.
General Conditions:
26. 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 Water
Engineering Division of the Anaheim Public Utilities Department.
27. That this Conditional Use Permit is granted subject to the approval of General Plan Amendment
No. 2007-00456, Reclassification No. 2007-00200, and approval and recordation of Tentative
Tract Map No. 17047, now pending.
28. 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.
29. 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 within twenty-four
(24) hours from time of discovery.
30. That the CC&Rs for the development shall include provisions that requires that the two-car
garages be utilized for the parking of vehicles.
31. 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.
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32. 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.
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. 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 October 29, 2007. 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 may be
replaced by a City Council Resolution in the event o~ an appeaL,
CHAIl~M~d, ANAHEIIVYA'LANNING COMMISSION
ATTEST:
TARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, 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 29, 2007, by the following vote of the members thereo£
AYES: COMMISSIONERS BLTFFA, EASTMAN, FAESSEL, KARAKI,
ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL
\~ IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
VU~ -~ , 2007. ~'`
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TARY, ANAHEIM PLANNING COMMISSION
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