Resolution-PC 97-71~ ~
RE50LUTION NO. PC97-71
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 3936 BE GRHNTED
WHERE,AS, the Anaheim City 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:
PARCEL 3 fN THE CIT' OF ANAHEIM, COUNTY OF ORANGE, STATE C7F
CALIFORNIA, AS SHOWN ON A MAF FILED IN BOOK 45, PAGE 12 OF
PAF~CEL MAPS, IN THE OFF{CE OF THE COUNTY RECORDER OF SAID
ORANGE COUNIY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on May 28, 1997 at 1:30 p.m., notice of said ~ublic hearing having been duly given as
requirad by law and in accordance with the provisions of the Anaheim Munic:pal Code, Chapter 18.03, to
haar and consider evidence for and zgainst 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 June 9, 1997 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 fullowing facts:
1. That the proQOSed use is properly one for which a conditional use permit is authorized by
Anaheim Mur.icipai Code Section 18.31.050.090 to construct a 12-unit, twastory RM-3000 detached
condominium development with waiver of the following:
Section 18.31.065.011 - Minimum interior setback reauiretnents.
15 feet between buildings required; 10 feet proposed)
2. That there are special circumstances applicabie to the property consisting of its shape and
surroundings, which do not apply to other identically zoned properties in the vicinity;
3. That strict aopiication of the Zoning Code deprives the property of privileges enjoyed by
other properties under identical zoning classification in the vicinity because the minimum setback required
between Uuildings is intended for separation of large buildings in attached muftiple-family developments,
and inat single-famiiy detached homes are typically spaced with combined setbacks totaling 10-foot in
width, similar to the proposal;
4. That the pruposed use will not adversely affect the adjoining land uses and the growth and
development uf the area in which it is proposed to be located because the proposed detached condominium
development is consistent with the existirg R!N-3000 zoning and with the General Plan "medium density
residential" land use designation for subject property;
5. That the size and shape of the site for the proposed use is adequate to aliow full
development of the proposed use in a manner not de4rimentai to the particular area nor to the peace,
heafth, safety and general weltare because the condominium complex, as designed and conditioned, will
be compatible with surrounding land uses, including the adjoining condominium complex ta the north;
6. 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 !he area;
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7. That the granting of the conditional use permit, under the conditions imposed, will not be
detrimental to :he peace, heafth, safety and general welfare of the citizens og the City of An~heim; and
8. That one person spokP in favor of subject proposai at said public hearing; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAI_ QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to construct a 12-unit, two-story RM-3000 detached
condominium developrnent with waiver of minimum interior setback requirements on a;.4acre irregularty-
shaaed parcel of land having a frontage of 30 feet on the north side of Lincoln Avenue, a maximum depth
of 290 feet and being located 270 feet west of the centerline of Magnolia Avenue (2625 West Lincoln
Avenue); and does hereby approve the Negative Declaration upon finding that the decla~ation reflects the
i~dependent judgement of the lead agency and that it has considered the Negative Declaration together with
any comments received during the public review process and further fin~ing on the basis of the iniGal study
and any comments received that there is no substantial evidence that the project will have a significant
effect on the environment.
NOW, THEREFOF2E, BE IT R~SOLVED that the Anaheim City Planning Corrmission 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
safety and general welfare of the Citizens of the City of Anaheim:
1. That any tree or other landscaping planted on-site shali be replaced in a timely man~er in the event
that it is removed, damaged, diseased and/or dead.
2. That a landscaping plan for the entire site shali be submitted to the Zoning Division specifying type,
size and location of :he proposed landscaping and irrigation. Following appr~val, the land~caping shall
be instalied and ma~:~tained in acc~rdance with the plan.
3. That the legal property owner shall submit a letter requesting terminatian of Variance No. 2958 (waiver
of minimum building site :•~idth to construct a 20-unit apartment complex) and Variance No. 1570
(permitting reversed corner lots less than 78.6 feet wide, lots less than 7,200 sq.ft. in area, and cul-de-
sacs lots less than 60 feet wide at itie setback line) to the Zoning Division.
4. That ail condominium units shali be assigned street addresses by the Building Division. A street name
for the new private street (f requested by the develoRer or required by the Ciiy) shall be submitted to
and zpproved by the Building Divisi~n.
5. That a tract map to record the proposed ~ubdivision of subject property shall be submitted to and
approved by the City of Anaheim and shall then be recorded in the Office of the Orange Counry
Recorder.
6. That plans shall be submitted to and approved by the City Traffic and Transportation Manager
specifying how the vehicular security gates and vshicle turn-around areas will function.
7. That plans shall be submitted to the City Traffic and Tran~portation Manager for review and approval
showing conformance with the latest revisions of Enq~neering Standard Plan Nos. 436 and 601
pertaining to parking standards and driveway locations. Subject property shall thereupon be developed
and maintained in conformance with said plans.
8. That the driveway on Lircoln Avenue shall be reconstructed to accommodate ten (10) foat radius curb
returns, in conformance with Public Works Standard No. 137.
9. That rall-up garage doors shall be shown on the plans submitted for building permits. Said doors shal~
be instalfed and maintained as shown on the plans.
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10. That trash storage areas shall be provided and maintained in a location a•:ceptabls'.a the Public Works
DepartmenY, Streets and Sanitatior. Jivision, ~nv i~s accordancs with aoproved ~'~~ns an file with said
Department. Such inforsnaticn shail be spec•ifically shown r-: ?"s~;1 ~lar.s submitteci for buil':~~y permits.
ii. That a olan ~heet ior sutici v+~sts sinrage and collectiata ^nd ~ c~~ ~s #or recyciing shall k,e submitted to
ihe Public Warres ~eNa~~~nc:nt, St~eats ar.± Sanitatier. ~:~;visior ,%cr review an~ arpro~~al.
12. That an on-site trash truck tum-ar:~und araa s~ a?~ ±:e providec _..nd maint~'.:%r.-~.' t~ the satisfaction ~`t!?e
Public Works Department, S#reets and Sanitaiion ~i~V+s;an. ::.z'<' ~-'r~'-r ~c~:~t~. ':"-~ s:~ali t1e sFec~i;:r..,~f:~
shown on plans submitted for building parmits.
13. That the fee fo~ ~~imary water mains shall be paid to the 4'.`~tar ~ngirs{.:•~;,+~~ =%.vis:~~n; ~n accordance
with Rules 15A and 20 of the Water Utility Rates, Rules ar.ci Regulati::i:a..
?4. That the access easement for turn-around purposes, as shown on ~xhibit No. 1, shall be maintained.
15. That clinging vines shall be planted on maximum six (6) foot centers along all fences and walls facing
tlie exterior of subject property, and that said landscaping shali be irrigated and maintained thereafter.
16 That clothes washer and dryer hookups shall be incorporated into each condominium dwelling unit and
shall be shown on the plans submitted for building permits.
17. That an unsubordinated covenant shall be recorded with the Office of the Orange County Recorder
agreeing to provide the buyer of each dweliing unit with written information obtained from the school
districts pertaining to possible overcrowded conditions and busing status of the schools serving the
dweiling unit. A copy of the proposed covenant stiall be submitted to and approved by the City Attorney
prior to recordation. A copy of the recorded covenant shall be submitted to the Zoning Division.
18. That architectusal enhancements to the window areas of the "rear" and "right" elevations (as shown on
Exhibit No. 2) shall be providad and shall be shown on plans submitted for building permits.
19. That the driveway areas serving Units Nos. 2, 3, 10 and 11 shall not be used to park vehicles in such
a way that will block access to adjacent garages.
20. That subject property shall be developed substantially in acco~dance with plans and specifications
submitted to the City of Anaheim by the petitioner and ~hich plans are on file with the Planning
Department marked Exhibit Nos. 1 and 2, and as conditioned herein.
21. That prior to the issuance of a building permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 16, 17 and 18,
above-mentioned, shall be complied with. Extensions for further time to complete said conditions may
be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
22. That prior to final buildir.g and zoning inspections, Condition Nos. 8, 15 and 20, abovo-mentaoned, shall
be complied with.
23. That approval of this apolication constitutes approval of the proposed request only to the extent tnat
it complies with the Anaheim Municipal Zoning Code and any other applicable Cirl, 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.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find
and determine that adoption of this Resolution is expressly predicated upon applicanYs 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 approvais herein contained, shal4 be deemed null and void.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 9, 1997.
;-~i.~~~~~~s.~
CHA`~RI'ERSON ANAHEIM CITY PLANNING COMMI$SION
ATTEST:
SECRETARY, NAHEIM CITY PLANNING COMMISSIOt~
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passe~ and adopted at a meeting of the Anaheim City Planning
Commission held on June 9, 1997, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRiSTOL, HENNINGER, PERAZA
NOES: COMMISSIOMERS: NONE
ABSENT: COMMISSIONERS: MAYER, MESSE
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of tSZ-~ ~
1997. _
SECR - ARY, A IAHEIM CITY PLANNING COMMISSION
~ PC97-71