Resolution-PC 94-105RE OI.U710N NO. PC94•1Q~
.4 RESOLUTIC)N UF 1'HE ANAHEIM CIIY PLAiVNING COMti11SSI0N
THAT PETITION FOR CONDITIJNAL USE NERMIT NO. 5702 BE ~RANTEU
WHEREAS, thQ Anaheirn City P~anning Cornmission did roceive a verifie~ Petition for
Condition2l Use Permit for certain real property situated in the City of Anaheim, County of Orarige, State
of C~litornia, described as:
LQTS 2 IN BLOCK A OF TRACT NO. 13, AS SHOWN ON A MAP RECORDED
IN BOOK 9, PAGF 12 UF MI~^.ELLANEOUS MAPS, RECORD5 OF ORANGE
COUNTY. CALIFORNIA.
EXCEPTING THEREFROM 7HE NURTH 436.00 FEET.
THE NORTH ~t3G.00 FEET OF LOT 2 IN BL~CK A OF TRACT NO 13, AS SHOWN
ON A MA° RECORDED IN BOOK 9, PAGE 12 ~F MISCf:LLANEOUS MAPS,
RECORDS O~ ORANGE COUNTY, CALIFOHNIA.
EXCEPTING 7HEREFROM THAT PORTlON DESCRI9ED IN THE DEED TO THE
S7ATE OF CALIFOHNIA RECQRDED AUGUST 12, 1~155 ~N BOOK 3171, PAGE 575
OF OF'rICIAL RECORDS OF SAID COUNTY.
PARCEL 1, AS SHOWN ON A MAP FII.ED IN DOOK 4, PAGE 46 G~F PAFiCEL
MAPS, IN THE OFFICE OF 'fHE CUUN7Y RECORDER OF OfiANGE COUN7Y,
CALIFORNIA.
PAfiCEL 2, AS SHOWN ON A MAP FII.ED IN EOOK 107, PAGE 37 OF PARCEL
MAPS, IN 7h1E OFFIC~ OF THE COUNTY REC:ORDER OF ORANGE COUiVTY,
CALIFORNIA.
EXCEPTING TrIFqEFROM THF. EASTERLY 20.q0 FEET ~JF TH[ MOST
NORTHERLY 200.34 F~ET.
WHEHEAS, tho City Planning Commission did hold a public hearing t~t tlie Civic Center
in th~ City of .4n~heim on August f3, 199~ ~t 1:3U p~~~., notico of said public liearing having been duly
fliven as required by law anci in nccordance with the provisions o( tho Anahefm Munfcipal CodR, Chapter
18.03, tu hear and conskfor evldcnce fur ~nd against sald propos~d condltlonal uso pc~rrtift and tc-
investfgate and mako liruifngs and recommendatlons in connectlon therQwith; anci
WHEREAS, sa~d Commissfon, c~Ner due (nspection, Invesilgatlon and study made by ftsell
and in i1a behalt, ~nd ahar due crn~siderat-on of all evklence and reports oHerecl at safd hearing, doc3s (ind
and determine tlie Iollowing facts:
t, 71~~t the proposecl use fs properly nne tor wtiic~~ a conditfonal use permit Is aushorfzFxi by
Anahe:m Murfcipal Cale Sectl~n 18.31.050.080 to permit a GO•unit dotechAC1 residential ca~d~minium
developm~snt wttli waivsrs of tlie ~oll~wing:
(~) .~'.411QO..~U "?.U.~
. ~ireti ~S~I.f~4[~-Sl~•
All t regufr~~c1 to +zt~ut a publfc street;
~g.Jyl~ abutt(ng a p ivate street pr~posed)
cRZ~~snns.wP
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PC9a•105
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(B) SeCtic~n~ 18.31.062•(L1? - M~~ximum s4~rt Lel height.
• n 18.31.062.013 (2 stories perrnitted 5Q feet or mor~ (rom single•family
rosldential zon(nA, 2~- t~rig~ proposed 20 feot from
RS-50U0 zoning to east and HS-720U xoning to south; and
t~-foot building helaht permittod when IacatQd 20 feet
from RS-5000 and Fi~-72a0 zoning, 24 an 2-i~.ot hiah
dotached condominiums proposed)
(C) Section 18.3t,063.022 - Min(mum Interior setback reaciiroment~.
(t~.foot wfd~ sotbacks required betweon building
walls contalmn~ windows; t~f@~t proposed)
2. '~fiat w~iver (A) (s hereby appro~~eci on the bas(s that strict application of ihe Zaninq Code
deprivcs the property of privflegQS Qnjoyed by othor properties under identicai zoninfl classftication (n the
vicinity because private street access is consistent with previously approved residential condominfum
developmc~nts;
3. That waivnr (B) is horeby approved on the b~sis that thero are specfal circumstances
appiicable to the property consisting ef locatian and surroundings, which do not appiy to other ldentically
zonQd propertias in the vicinity because mature trees wlll be planted and maintained on maximurn 20•loot
centers adjacent to residentlal zonfng on th~ oast and suuth to provide effective visual screening for those
residentlal properties; ~nd ihai the min(mum 20-foot setback required for multfple family developments
ad~acent to singlo-famNy residential zoning was oriflfncilly intonded to provido cllstance betwoen single•fam-ly
residences and attacl~.ld multipie-famfly residcrnces raltier than detnc.h~d resfclential structtires a~ proposed;
4. Tliat waiver (C) is hereby ~pprovod on the basis that strict application of t~ie Zoning Code
deprivos the property of privilegos en~oyad by other proparties under ident(cal zoning classificatlon in the
vicin'.ty because minimurn interfor setback requiroments Are IntendecS (or separation of bufidings In ntteahod
multiple farnity dovelopments while single-tamily de-ached hames, similar to the proposal, typically have
10•foot setbacks betwann heusQS on separate lots;
5. That !hc~ pronosad use is properly one 1or which a conditional uce permit is authori:ad by
tho Zoning Code;
E. That the propused use will not advorsoly alfect the edJoininp land u~es and the growth end
devQlopment ~f tlie area i~t which it Is proposed to be locatecf bect~use the proposod density is 44°ro la~s
(48 units) thUn the proviously approved 109•unit attached cundominium complex;
7. That tho Rize and shapo of the site tor the proposed use is adeyuate to allow thc~ full
~levelopment ut the proposed use in ~ manner not detrfinental to the particular r~rea no~~ to tho peace~,
hoalth, safety, ancl generai weltare:
e. That the trelffc ~enerated by the proposod use will not impose an undue burden upon the
street~ and highways dosigned and imaroved to carry the traHic in the eroa;
9. That ;ho granting ot tho r,orxlitfonal usa permit urxier Uin wndilfons impased w!11 not be
detrimental to th~ peace, haalth. safaty an~i qeneral well~re o( ttie citizens of th;d Cfty a~ Anahelm; and
10. ThAt twe (2) pec~pto indicatc~cff ttiol~ presencQ at said publlc hearing (n (ava~; and that no
cones~~ondence was recoivecl In o~posftlon to su~J~ petitinn.
.p_ PC94-1 OS
CALIF RNIA ENVIRONMENTA~ ~l1ALITf ACT FINDI I~: That the Anaheim City Pianning
Comrnisslon has reviewrJ tfie proposal to reclassify subJect property from tho CL. (Comrnercial, ~imltad)
and PU-C (Parking Distrlct-Commercfal) 2ones to the RM-3000 (Resid~ntlal, Muttiple Famlly) or a less
intense zone to permit a 60•unit, RM 3000, detached condominium developmenc with waiver of requir3d
lat frontage, maximum structural heic~i~~t and minimum interior setback rr~quirements, and to ostablish a 60-
lot (including 4 lettered lots) RM-3U00 ~ubdivlslon or~ an Irrogularly-shapeci parcel of land consisting of
approximately 6.47 acr~s having a frontage of approximately 33?. feet on the south side of Lincoln Avenue,
hav(n~ a maximum depth of approximately 600 toet, befng located approximately 1~2 feot west of the
centerline of Empiro Street and furtfier described as 2144 West Lincoln Avenue; ancl does hereby approve
a Mitigated Noyativo Decleration and adopt tha Mit(gatlon ~Aonitoring Prog~'am pursuant to Se~tion 21081.6
ol the Public Hosources Cods on the basfs that the cleclaration refiects the independent Judgement of the
lead agency and th~t the Planning Cumrnission has considerod !,~e pruposal with ttie mitigated Negath~e
Declaratiun and Monitoring Program, to9ether witl~ any cnmments rece(ved during the public reviow
process and further finding, on tlie basis of the Initial Study, that thare is no substanHal ovidence that the
projert will have a significant RHect on the envirorment.
NOW, THEREFORE, BE IT RESOi.VCD that the Anal~eim City Planning Commission
does hereby tirant subjact Petition for Conditional Use Permit, upon thd tollow(ng cr~nditions which are
hereby found to be a necessary prerequlsite to the proposed use of the sub~ect property In order to
preserve the safety and qeneral welfare uf t!ze Citfzons of tho City of Anahefm:
1. 1'hat roli•up garac~o Joors sliall be shown on the plans submitted for building pormits. Sald doors
shall be installed and rnaintained as shown on submitted plans.
2. Tliat any p~rking spaces which satisiy the minimum Code ruquirements as to size and which are
located fn lront of a garage dour may count tow~rds tho park(nfl requiroment (or that specftic unlt
only.
3. That a plan sheet for solid waste storago and collection, and a plan tor recycling si~<,il be
submitted to the Uepartment of ~Nafr~tenance for revlew and approval.
4. That subjoct property shall k~e developed substantialty in accordanco with plans and specifications
submftted to tho Cfty of An:iheim by tho potitioner and which p~ans are on file with tho Planrsing
Department marked Exhibit Nos. 1 through 9.
5. That the developer shall be rosponsible for compliance with ail mitigatfon measuros w(thin the
assfgnod time frames and any diract costs associatad with Mit(~atlon Monitoring Program No. 83
as establisheci by the City ~t Anahefm and as required by Section 21081.6 ot the Pu~lic Resources
Code to ensura Implement2tion of those (dontiii~d mitigation measures.
6. That this Canditfonal Use Permit fs granted subject to adoptfon of a:oning ordinanr,e in
connection w;th Reclassification N~. 94-95-1, now ponding.
"l. That prior to issuance of a bullding permit or within a perfod oi one (t) year trom th~ date of this
rosolut~~n, whichQVer occurs iirst, Conditlon Nos. 1, 3 and 6, abovo•mentioned, shaB be complfeJ
with. Exto~sions for turther time to complete said condition;; muy be grantecl in eccordance with
Section 18.~3.090 of tho A~ahefm Mw~ici~al Code.
8. 7hat prior to final building .:nd zuning inspections, Condition No. 4, above•menti~necl, shali be
compHad whh.
-3. PC~J4-105
9. 7hat approval of this appllc~t(on constltutos approval of tha pr~posad requost only to the extent
that it corriplios with tha AnahQlm Municiptal Zoning Code and any other applic~ble City, State and
Federal rogulations. Approva~ does not includo any action or find(ngs as to cnmpliance or
ap~roval of the request regarding any other ~pplicable ordinance, regulation or requirement.
BE 17 FUFiTFIER RESOI.VED that the Anaheim C.ity Planning Commisslon does hereby
find and determine that adoption of this Resolutlon is expressly predicAted upon applicant's compllance
with ^ach and ~II of tha conditions hereinebove set forth. Should any such condltion, or any part thereof,
be declared invalid or unenfarceablo by the tinal Judgment of any court of competent jurisdiotion, then this
ResoluNon, and any approvals hereln contained, shall be doemeti nutl and vafd.
1'HE FOREGOING R~50LUTION ~Na~ opted at the Planninfl Commisslon meeting of
August S, 1994. /Ll ~~ ~j' /~~~
HAIRW MAN, ANAHEIM CITY P NNING COMMISSION
ATTEST:
~ /
SEC ETARY, ANAH IM C PLANNING COMMISSION
' 'j
~..
STATE OF CALlFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Janot L. Jensen, Secretary of the Anaheim City Flanning Commisslon, do hereby certify
that the foregoiiig resolution was passed and adopted at a rne~iing of the Anahaim City Plann~ng
Commiss(on hold on August S, 1~J94, by tho following vote of the r,iembers thereof:
AYES: COMMISSIONEC~S: BOYDSTUN, CALDWEI.L, HENNINGER, MAYER, PERAZA, TAIT
NOES: COMMISSIONERS: NONE
ABSENT: GOMMISSIrJNERS: MESSE
IN WITNESS WHEREOF, I have hereunto set my hand this~~~_ day of
~'~/~ (~~ 19~4.
~ ~ . 1/O~/~ .~
S CRE?ARY, A HFI CITY PLANNING COMMIS;b~N
.4, PC94-105