Resolution-PC 96-92~ •
RESOLUTION NO. PC96-92
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PEi'ITION FOR CONDITIONAL USE PERMR NO. 3368 SE GRANTED
WHEREAS, the Anahelm Cfry Planntng Comm(sston d(d receNe averifled PetRion for Condftional
Use PermR for certain real propercy sftuated in the Ciry of Anahelm, County of Orange, State of Califomia,
described as:
THAT PORTION OF THE SOUTH HALF OF SECTION 8, TOWNSHIP 4 SOUTH,
FtANGE 10 WEST, IN THE RANCHO LOS COYOTES, AS ~HOWN ON A MAP
RECORDED IN BOOK 51 PAGE 10 OF MiSCELLANEOUS MAPS, RECORDS OF
ORANGE COUMY, CAUFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT
THE INTERSECTION OF THE SO~1TF1 UNE OF SAID SECTION S WITH 7HE
SOUTHERLY PROLONGATION OF THE CENTER UNE OF MULLER STREET, 60.00
FEET WIDE, AS DESCRIBED IN PARCEL 1 OF THE DEED TO THE CITY OF
ANAHEIM, RECORDED NOVEMBER t, 1957 I!J BOOK 4063 PAGE 397 OF
OFFICIAL RECORDS OF SAID ORANGE COUNTY, THENCE NORl'H 0 DEr. ~2'
24' WEST 835.43 FEEr N-ONG SAID SOUTHERLY PROLOtdGATION :.ND SAID
CENTER LJNETO A POINT SOUTHERLY 480.01 FEET FROM THE IM'ERSECTION
OF SAID CENTER LlNE WITH THE EASTERLY PROLONGATION OF THE
NORTHERLY L1NE OF TRACT NO. 1775, AS PER MAP RECORDED IN BOOK 50
PAGE 15 OF SAID MISCELLANEOUS MAPS; THENCE NORTH 89 DEG. 37' 14'
WEST 351.66 FEET PACi~W.EL WITH SAID NORTHERLY LNE TO THE EASTERLY
LJNE OF SAID TRACT NO. 1775; THENCE SOUTH 1 DEG. 16' S4' EAST 835.16
FEET ALONG SAID EASTERLY LJNE TO SAID SOUTH UNE OF SAll7 SECTION;
THENCE SOUTH 89 DEG. 31' 00' EAb'T 333•59 FEET ALONG SAID SOUTH UNE
TO THE POINT OF BEGlNNING. IXCEPTING THER~FROM THAT PORTION
DESCRIBED AS PARCELS 1 AND 4 IN THAT CFRTAIN FlNAL ORDER OF
CONAEMNATION, SUPERIOR COURT CASE NO. 70~1, A CERTIFlED COPY OF
WHICH y11AS RECORDED MARCH 28, 1958 IN BOOK 4242, PAGE 85 OF SAID
OFFICIAL RECORDS.
WHEREAS, the City Planning Commisslon did hdd a publk hearing at tfie CNlc Cerder in
the City of Anaheim on September 4,1996 at 1:30 p.m., nodce of sakJ publ~c hearing having been duly given
as required by law and In accordance with the provlslons of the Anahelm Municipal Code, Chapter 18.03,
to hear and consider evkJence for ar-d against satd proposed condftlonal use PermK a~d to irnestigate and
make flndfngs and recommendatio~s in connection therewith; and
WHEREAS, said Commissfon, after due inspection, irnrastigation and study made by ftseh. !
and (n fts behalf, and after due consideratlon of sll evklence and reports offered at safd F-saring, does flnd
and determine the fdlowing facts:
1. That the proposed use Is prope~ly one for which a condftlonal use permft ia authorized by
Anaheim AAunicipal Code Section 18.31.050.090 to construct a 66-unft, 2-story, detached resldential
condominlum complex with waNers of the fdlowing:
(a) Sections 16.31.050,Q~Q - Maximum structurai helaht adlacerrt t4 sinate-(amflYlesident~a!
~nd 18.31.062.012 .~.Q~~•
(One-storv permitted wfthin 50 feee of single-famAy zoning;
two-sto~f@~ praposed 20 feet'rom RS-7200 zoning to the west)
(b) Sections 18.31.050.090 - Minimum structural Betbock and vard reauiremerrts.
an~ 18.31.Q~.022 (17 to 20 feet required batwee~ buqdin~ wal!s cmntaining windovvs
to habitade ~ooms; 1L~ I4.Z4~I Pr~~ between building3)
CR2730DM.WP -1- P(~6-92
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2. That waNsr (a), pe-talning to maximum structural height adJacent to RS-7200 zoning, is
hereby approved on the basis that there are speciai circumstances ap~ltcabie to the property consistfng
of fts location and surroundings, which do nat apply to other (deMfcally zoned prope~les in the vf;.inity,
because the petRioner demonstrated that the two-story u~ts vvil~ not cause view ~~~0^ ~rno ~~ck yards
of the single-family residenc~s to the wesK, provided that 3he uee screen Is propedy ma~nta~~ed~
3. That waiver (b), pertaining to the minimum requlred yard between buAding wails, is fnereby
approved on the basis that strid appltcatlon of the Zontng Code deprNes the ProPBnY d PrivA89es enJoyed
by other properties under ldeMical zoning dassfficatio~ in the vfcinity because the min(mum interior setback
developments (the proposal is detached~; and that singi tamily de~ched hhomes are rypicaliy separated
by 10-foot yarcJs;
4. That subject proposal, o~iginatly adveRised as 69 unlts, is hereby appraved for a one-1ot,
68 unit, airspace, residemial condom(nium subdivision in the RM3000 Zone;
5. That the proposed use is prope~iy one for whkh a condftional use permft is su~harized bY
the Zoning Code;
6. That the proposed uss will not adversely affect the adjofning land uses ~a ~the~ ;ainrt9hu ~
development of the area tn which ~ is proposed to be located; arxJ that the proposed itY
per gross acre which is less than the 36 unlts per net acre allowed by the cuRerrt Generel Plan land use
designaUon (medlum density residantial uses) and the existlng RM-1200 Zoning; and that the reduced
number of units is compattWe with the surrounding land uses and provides a posftive coM~ibutbn to the
growth and developmeM d ths area;
7. That tt~e size and shape oi the sfte for the proposed use is adaquate to allow the full
development af the proposed use in a manner not detrimental to the part(cu~ar area rwr to the peace, health,
safery and general weifare;
8. That the traflic generated by the proposed use wUl rwt impose an undue burden upon the
streets and highways designed and Improved to carry the trafFic In the area;
9. That the grant(ng of the conditlonal use permft, under the condfticros Imposed, wGl not be
deMmental to tht peace, health, safety and general welfare of the cftizens of the ~it~r of Anaheim; and
10. That no one indicated their presence at sald pudic hea~ing In opposttion and no
correspondence was recelved !n oppositlon to the subJ~..^t petftion; however, 3 people spoke regarding
concems and s petitlon wi4h approximately 200 sfgnatures was submftted.
G.~4!FORhIA Eh~^ROhMENTAL ~U,',UTY ACT ~IN~ING: That the Anaheim Clty Planning
Commiss(on hae reviewed the proposal to constn~ct a 2-story, 68-unft detached condom~nium complex with
waNer of maxlmum strcel of land~c~nsis n mof appro mat~ 5: ~es locat ~atthe northwest comer
rectangularly-shaped pa 9
of Llncolr. Avenue and Muller Street, havtng approximate hoMages of 279 feet on the north side of Uncoln
Avdnue and 770 feet on the wast side of Muller Street, and further desc~ibed as 1925 ~Nest Uncdn Avenue;
and does hereby approve the Negative DedaraUon upon flnding that the dedaratlon reflects the Independem
judgement of the lead agency and that it has c~r~Videred the NegatNe Dedaration togather vdith any
comments receivecl during the public review process and further flnding o~ the basis of the ~nftiaJ study arx!
a~y camments recefved that there is no substantial evklence tt-at the proje~.Y w(II have a slgniflcaM effect
nn the ernironment.
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NOW, THEREFOFiE, BE IT RESOLVED that the Anaheim City Plannfng Commission does
hereby grant subject Pet~lon for CondtUonal Use Perm~, upon the fdlowing coriditions which are hereby
found to be a necessary prer9qulsite to the proposed use oE the sublect ProPe1'h~ ~~ ~~ to preserve the
safety and general welfare of the Cft(zens of the Ciry of Anaheim:
1. That rdl-up garage doors sha~l be shown an the plans submttted for bu0ding permits. SakJ doors shall
be installed and malntained as operational as shovm on submitted pians.
2. That a plan sheet for solid waste stor^e and cdlection and a plan for recydtng shall be submftted to
the Public Works DepaRment, Sueets and Sanitation Division, for review and approval•
3. That pisns shail be submttted to the Citv Trafflc and TransportaUon Manager for review and approval,
specifying how the veh~ular secu~ity 9ates and vehide tum-around area at the projed entrance wAl
fundlon.
4. That gates shall ~ be installed across the pr(vate strdet in a manner wh~h may adversely affect
vehlcuiar traffic on the adjacer~t public street. If such gates are proposed, Instailatlon shall conform
to Engtneering Standard Plan No. 609 and shall be subjed to the review and approval of the CitY
Trafflc arxi Transportadon Manager prior to issuance of a permit for sald gates.
5. That plans shall be submitted to the Ciry Trafflc and Trensportatlon Mar$ger for his review and
approval shawing conformance with the most up-to~ate verslons of Enginee~ing Standard Plan Nos.
436, 601 and 669 pertalning to parkfng standards and driveway location. SubJect property shall
Liereupon be devetoped an!' maintatned in confom~ance with sekl Plans.
6. That the driveway on Muiler Street shall be constn~cted with ten (10) foot radius curb retums as
required by the City Engineer in coriiormance with Engineering Standard No. 137.
7. That parking spaces shall be provkJed in accordance with Code requirements.
ii. That a~ on-sfte trash uuck tum~around area shali be provkled in acx~rdance wi~h Englneer(ng Standard
DetaA No. 610, as requfred by the Department of Malntersance. Said tumaround area shail be shown
on pians submitted far buqding permits.
9. That p~ to the issuar~e af a bupding peRnft (except for any model unfts)~ a flnal tract map shall be
submitted to and approved by the Ciry of Anahefrn and the Orange County Surveyor and then recorcled
in the Qffice of the Orange CouMy Recorcier. (Subdivis0on Map Ad, Section 66499•30)
10. That a p~ivate water system with separate water servk:e for flre protection and domestb water sF~all bo
provkled.
1 i. That the water backflow equipment and any other large water system equipment shall be installed to
the satisfaction of the Water Engineering Dfvislon in ehher (a) underground vautts or (b) oucs~de the
~reet setback area tn b manner fufly screened from the puWic sUeets.
12. That the de~vdoper shall be res~onsible far aompliacice with ali miUgation measures within the assigned
tlme irames and any direct costs associated wtth (NRigatlon Monltwing Pnogram N~. 93, es ostablished
by the City of Anaheim and as requlred by Sectlon 2t081.6 of the Publ~ Resources Code to ensure
Implem6ntation af those kiemHled mftigatlon measures.
13. That an unsubordinated cavenant shall be recorded wRh the Office o~ the Orange Gwnty Recordsr
agreeing to provide the buyer d each dweiling unft witl~ wrltten Irdom~atlon obta~ned from the s~hod
distric;ts pertain(rtg to posalble overcrowdsd condiUons and busing status d the schods serving the
dwelling un~. A copY d t~a cove~ant shall be submitted to and approved by the Gry Attomey p~rlor
to recordation. A copY of the recrxded covenar-t sha~i be submftted to the Zoning Division.
.~ PC96-92
s •
14. That Conditbnal Use Pem-Y No. 3868 Is hereby granted subje . to tho flnallzation of Redassification
No. 95-96-05 (adoptio~ o# an ordfnance redassffyfng the properry RM~000) and recordation of Tract
Map No. 15345.
15. That the developer shall dertwnstrate complfance with CouncN Pdicy No. 542 pertaining to sourxi
attenuaUon. -•
16. That dothes washer and dryer hookups sF~211 be incorporated irrto the garage w Ilving area of each
condominium dwelltng urit and shall be shovm on the plans submitted for buAding pertnfts.
17. That dfnging ~?nes and/or fast growfng shrubbery shall be plar~ted and mainteined adJacerM 4o all
fences accessibte io the public rights-of-way. Mlnfmum flve (5) gallon plant materfals (or minimum one
I~] 9~1~ `~~) ~I be planied ~n maximum three (3) foot ceMers In these areas.
18. That p~tor to the Issuance of buAding permtcs, an appl~ation for an Administrative AdJustment to
construct an elght (S) foot hfgh block wall along the north properh/ ~I~e (adJacent to ML 'Limfted
Indust~lal' Zoning) shali be submitted to the Zoning DNisio~. If an AdministraUve Adjustment
p~rmittfng walver of maximum wall heigM is approveci, an eight (8) foot high decorative block wall shall
be constructed along the north property Qne prior to flnal buAding and zoning inspecttons•
19. That the existing Wock wall along the west ~sroperty Iine shall be replaced with a 6-foot high decorative
(on both sides) masonry wall subject to the approval of the individuai homeowners adjacent to the west
property Iine. AbseM the approval of arry IndNklual properry ovmer, the developer shall constn~ct the
required wall immedtately adJacerrt to the extsting wall and cap the gap between the wal~s to prevent
void areas between the walls.
20. That secorxJ story bathroom wl~dows ~n all units Immediatefy adjaceM to and facing the west property
Iine ahall be installed !fire (5) feet above the floor Iine.
21. That any tree ptanted on-sfte shall be replaced in a Umely manner in the event that R Is removed,
damaged, diseased and/or dead.
22. That minimum twenty four (24) Inch box, non~leciduous, Lxoadheaded or canopy trees~ shal~ be
plaMed and maiMained by the developer adjaceM to the west property Iine to prov(de a broad
screeni~g etfoct adjacent to the single-famqy residences to the wesL Landscape plans shall show the
locatlon of the Vees on approximately tweMy (20) foot centers, allowing the' dfstance to vary sligh~y,
to allovv eilgnment of sakl trees with secorxl story windows iacing west. Tho subJect uees ahatl
ultimately be mair~tained by the Homeowner's AssoclaUon,at such Ume as that tne AssociaUon
becomes responsible for maintenance of other porttans of the property. Said Vees sha~l be Mrr~med
by a Iicensed and certitied arborist, and mafntatned so as not to grow trrto the existing ovsrhead i{ne~.
It shail be thc responslbpiry of the Homeowners Associadon to Inform ail affected homeo~;r-+r~s that
these trees shall not be removed or trimmed by the individual homeowners•
23. That a m(nlmum tvr~' ~~?0) foot wide densely landscaped buffer area, adJacent to the west property
li~e iR~ ii:e:swirnt~r~.~'~xwca!,arae~ aha!I brj installed and pam~aneMly ITipated and matrnained. Said
IendscaM «. sha~i not' be us~ `.~ act~ve recreatM~ purposes and shalt be designed to prevertt
such actF:;,i~s. ~ „ ,'~ ~ ~
24. That a solid sbc (6) fooi hl~+h, as measured from srt~n highest ftnished adjacsrrt grade level, decoratNe
masonry walt wkh tNer rack ppasters (as shown an the submitted Mulier Sirbet elevation draw(ng,
~xhfbF. No. t 1 j shaf! be c~anstructed adJgcent to Lincdn Avenue ancl Muller S4reet The proposed
wrougM iron sectlons of ferx:ing shown on Exh~bft No. 11 shall be eliminated and replaced wfth a solid
wall except at the proJect errtrance, where wrought Iron may be used.
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25. That precise landsca~e, fence, sl9nage and window ueatment ~lans, in conJuncUon with actual samples
of proposed driveway pavera and syntheUc river rock for pe~Imeter Wock wall pUasters~ shall be
submftted to the Zoning Divislon for review and approval by the Planning Comrniss~on as a'Reports
the Ciry Traffic and T~•ranspartattone Mana98 ~~~nectionl wtth tne-of-sigMsub~~eratkmspproval of
26. That IlgMing fixtures for anY proposed 9uest Parking and/or common recreatlona~/leisure areas shail
~ shown on plans submftted to the BuAding Division for review and apProval. Ught fbctures shall be
down-Ilghted vdith a maximum helgM of twehre (12) feet. Safd lighting fbdures shall be directed away
ftom the adJaceM single-famdy residential properties to the west
27. That a mintmum of one (t) of the proposed common recreational/leisure areas shatl be equipped wtth
P~Y9r~~ ~luipmerrt.
28. That the developer shall be respons~ble for the paymeM d schod fees as required by State law.
29. The subJect property shaU be developed substantfaliy in acxordartce with Plans e~d s~e~iflcaUons
submltted to the City d Anahelm by the petittoner and whfch plans are on flie wfth the Planning
DepartmeM mariced Exhibit Nos. i through 1 t, except as othervvise requlred by CondfUon Nos.19, 20,
23 and 24, 8bove-metrtioned.
30. That prior to issuance of a bupding pertnft or within a period of one (1) year from the ciate of this
resolution, whkhever occurs ftrst, CondfGon Nos. 1, 2, 3, 5, 8, 9, 13, 14, 15, 16, 18, 25, 26 and 28,
g ntedM nf accordance with Section 18.03.090 of the ~i4naheim Mun~ palpCode. id condftlons may
31. z~ ~ 29tabove-men2foned, shall be comdied with. ndition Nos. 6~ 7~ 10, 11, 17~ 19, 20~ 22, 23~ 24,
32. That approval of this application constitutes approval of th~ propossd requagt only to the exceM that
it complles with the Mahetm Municipal Zonin9 Code and any other appl(caWe City, Stat9 and Federal
regulaUons. Approval does not indude any actlon ,or Hndings as to compllance or aPProva~ d the
request regarding any othe; apptlcaWe ordinance, regulatton or requiremeM.
gE fT FURTHER RESOLVED that tF~e Anaheim CftY Plann~ng Commiss~on does hereby flnd
and detem-ine that adopUon d this Resdution is expresslY Predlcated upon epplk~M's comWlance with
each arxf ell of the conditions herelnabove set forth. Sh~ld any such condlUon, or anY PaK thereof, be
dedared irnalld or unenfa~ceade by the flnal Judgment of any court d competerrt lurisd~tion~ then thfs
Resaiution, arxf any apprave~a herein cantained, eha~l be deemed null and void.
THE FOREGOING RESOLUTION was pted at th Planning Commfssion meeting
September 4, 1996.
CHAIR ANANEIM CITY NING CON'iMl SION
AITEST: ~ ,
~LLIf
SECRETARY, EIM GTY PLANNING COMMISSION
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STA7E OF CAUFORNI~1)
COUN7Y OF ORANGE ) ss.
CITY OF ANAHE~M )
I, ~~~ ~~~ g~cretary of the M,aheim City Planning Commission, do hereby certify
that the foregoing resdution wes Pa3sed and ad°Pted at a°°t'•ng of U~e Anaheim Gry Planning
Commission held on September 4, 1996, by the fdlowtng vote of the membe~s thereof:
Al(~S: COMMISSIONERS: BOSTWICK BOYDSTUN, BRISTOI, HENNINGER, MESSE, PERA7A
NOES: COA1MISSIONEFiS: NONE
ABSENT: COtu1MISSIONERS: MAYER /
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ daY ~`~~-~
1996. G~~
~ ~~~~
SECRETARY, ANA Eii~A CITY PIANNIWG COMMISSION
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