Resolution-PC 98-116~
RESOLUTION NO. PC98-116
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4042 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain reai property situated in the City of Anaheim, County of Orange, State
of California, described as:
PARCEI. 1, 2, 3, 4 AND 6 AS SHOWN ON A MAP FILED IN BOOK 224, PAGE 48 TO 50
INCLUSIVE, OF PARCEL NiAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE COUNTY, CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on August 3, 1998 at 1:30 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 18.03,
to hear and consider evidence for and against said proposed conditional use permit and to investigate and
make findings and recommenda!ions in connection therewith; and that the public hearing was coratinued
from the Planning Commission meetings of July 6 and July 20, 1998; and
WHEREAS, said Commission, after due inspecticn, investigation and study made by ilself
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 proposed use is properly one for which ~ conditional use permit is
authorized by Anaheim Municipal Code Section 18.31.050.090 to conslruct a 45-lot (including 5 lettered
lots), 40-Unit, 2-story, detached RM-3000-zoned residential condominium development with waivers of:
(1) Section 18.31.063.011
(2) Sectio~ 18.31.063.022
(3) Sections 1?.08.036
17.08.043
17.08.390
and 17.08.650
- Minimum structural setback abuttinq a major hi , hwav.
- Minimum distance between buildinas.
(18-foot yards required; 5 to 10 feet proposed)
- Min(mum urivate street siandards,
(Sidewaiks required on two sides of the street;
sidewalks proposed one side of the street)
(4) Sections 18.04.043.101(a) - Permitted encroachment into setback area.
18.04.043.102 (maximum 3-foot hiah fence permitted adjacent to
and 18.31.064.070 Knott Street, 6-foot high fence proposed; and
maximum 6-foot hiah fence permitted adjacent to
reilroad riyht-of-way, 8-foot hi h fence proposed)
2. That this proposal, a 40-unit project with 45 lots (including 5 lettered lots), was
inadvertently advertised as a 41-unit project with 45 lots (including 4 lettered lots).
3. That waiver (1), minimum structural setback abutting a major highway, is denied
on the basis that it was deleted following public notification.
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4. That waiver (2), minimum distance between buildings, is approved, in part, for
minimum ten (10) foot yards between structures Inciuding that Lots 17 and 18 are the only Iots which may
have chimneys aligned in the side setbacks, otherwise chimney encroachment al~gnments are to be varied
to create the widest possible space between structures.
5. That waiver (3), minimum private street s:2ndards, is approved on the basis that
there are unique circumstances which apply to this property consisting of its siz~, location and shape
because the property is located adjacent to railroad tracks which create a hardship on the property, and
that this approval of this waiver will not adversely affect adjoining land uses.
6. That waiver (4), permitted encroachment into setback area, is hereby approved
on the basis that the property has unique characteristics consisting of its size, Iocation and shape because
the property is located adjacent to railroad tracks which create a hardship on the property, and that this
waiver wiil not adversely affect adjoining land uses.
7. That strict application of the Zoning Code deprives this property of privileges
enjoyed by other properties under identical zoning classification in the vicinity.
8. That tFe proposed use will not adversely affect the adjoining land uses and the
growth and development of the area in which it is proposed to be located.
9. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare.
10. That tra~c generated by this proposed use will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area.
11. That granting of this conditional use permit, under the conditions imposed, will not
be detrimental to the peace, health, safety and general welfare of fhs citizens of the City of Ar.aheim.
12. That one person spoke in opposition to the aroposai at the public hearing on July
20, 1998; and that no correspondence was received in opposition to the subject petition.
CALIFGRNIA ENVIRONMENTAL ~UALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to construcf a 45-lot (including 5 lettered lots), 40-Unit, 2-story,
detached RM-3000-zoned residential condominium development with waivers of minimum structural
setback abutting a major highway, minimum distance belween buildings, minimum private street
standards and permitted encroachment into setback areas on a 4.75-acre parcel Iocated south and west
of the southwest corner of Knott Street and Ball Road, and having frontages of 15 feet on the south side
Ball Road and 390 feet on lhe west side of Knott Street (1203-9245 South ICnott Street); and does hereby
approve the Negative Declaration upon finding that lhe declaration reflects the independent judgement of
the Ic;a~ agency and that it has considered the IVegative 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 thaf the project will have a significant effect on the
environment.
NOW, THEREFORE, BE IT FtESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, in part, 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 trees or ~ther landscaping planted on-site shall be replaced in a timely manner in the
event that it is removed, damaged, diseassd and/or dead.
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2. That minimum fifteen (15) gallon, non-deciduous, broad-headed or canopy trees shall be planted
and maintained by Homeowner's Association in lettered lots "B" and "C" to provide a broad
screening effect aiong Knott Street. The subject trees shall be maintained by the Homeowner's
Association at such time as the Association becomes responsible for maintenance of other portions
ofi the property. It shall be the responsibility of the tiomeowner's Association to inform all affected
homeowners that these trees shali not be removed or trimmed by individual homeowners. Said
information shall be specifically shown on plans submitted for building permits. The landscaping
sna;l be planted prior to final building and zoning inspections.
3. That roll-up garage doors shall be shown on plans submitted for building permits. Said doors shall
be installed and maintained operationally as shown on the submitted plans.
4. That this Conditional Use Permit No. 4042 is granted subject to approval of General Plan
Amendment No. 357, adoption of a zoning ordinance in connection with Reclassification No. 97-98-
20, and recordation of Tentative Tract Map No. 15704, now pending.
5. That a final noise study shall be submitted to the Zoning Division demonstrating compliance with
City Council Policy No. 542 pertaining to sound attenuation, except for any portion nf said
requirements specifically waived ty the City Council. Said information shall be specifically shown
on plans submitted for building permits.
6. That clothes washer and dryer hookups shail be incorporated into the garac~e or living area of each
dwelling unit, and shall be shown on the plans submitted for buiiding permits.
7. That clinging vines andfor fast-growing shrubbery sliall be planted and maintained adjacent to all
fences visible to Knott Street, Ball Road and the railroad right-of-way. Minimum five (5) gallon sized
shrubs and minimum one (1) gallon sized vines on maximum five (5} foot centers shall be planted in
these areas. Said information shall be specified on plans submitted for building permits. The
landscaping shall be pianted prior to final building and zoning inspections.
8. 7hat final plans with enhancements (i.e., upgraded window trim, borders, pot shelves, etc.) on the
east and north building elevations, and ~ign plans shail be submitted to the Zoning Division for
review and approval by the Planning Commission as a"Reports and Recommendations" item. The
specific location of the perimeter masonry wall adjacent to Knott Street sliall be subject to the review
and approval af the City Traffic and Transportation Manager for line-of-sight considerations.
Construction of safd block wall shall be completed prior to opening of the first model.
9. That the developer shall be responsible for payment of school fees as required by California State
law.
10. (Condition No. 10 was defeted at the August 3, 1998, Planning Commission public hearing.J
11. That any temporary off-site advertising for the sale of these homes shall comply with applicable
Code requirements. Cardboard stick signs shall not be permitted.
12. That plans shall be submitted to the City Traffic and Transportation Manager for review and
approval showing how the vehicular securiry gates and vehicle turn-around area wiil function.
Gates shall not be installed across the driveway in a manner which may adversely affect vehicular
tra~c in the adjacent public street. Installation of any gates shall conform to Engineering Standard
Pl~n No. 609 and shall be subject to review and approval by the City Traffic and Transportation
Manager prior to issuance of a building permit.
13. That sewer and drainage improvements within this residential tract shall be privateiy maintained
unless built to City standards and accepted for maintenance by the City Engineer.
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14. That the public right-of-way portion of the Knott Street entrance driveway, between the curb line
along Knott Street and the private properry line, shall be the responsibility of the Homeowner's
Association, including regular and periodic cieaning. Said requirement shall be included in the
Covenants, Conditions and Restrictions (CC & R's).
15. That layered landscaping shall be provided in the on-site planter adjacent to Knott Street and shall
be specifically shown on plans submitted for building permits. The landscaping shall be pianted
prior to finai buiiding and zoning inspections.
16. That all landscaping, including the common "pocket park" tot Iots (excepting landscaping not visible
to the public or private streets) shall be installed by the developer, and shail be maintained by the
Homeowner's Association. Front yard landscaping shall include one (1), minimum twenty four inch
(24") box, canopy type tree (such as a Camphor tree) for each front yard, and shall be specified on
plans submitted for building permits. Said landscaping shall be planted prior t~ final building and
zoning inspections.
17. That the miriimum garage size shall be twenty (20) feet by twenty (20) feet and the minimum
driveway length shall be twenty (20) feet. Said information shall be specifically shown on plans
submitted for building permits.
18. That a maximum thirty (30) foot wide driveway on Knott Street shall be cons!ructed to
accommodate ten (10) foot radius curb returns, in conformance with Engineering Department
Standard No. 137.
19. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted
to the Public Works Department, Streets and Sanitation Division, for review and approval.
20. That plans shall be submitted to the City Traffic and Transportation Manager for review and
approval sho~ving conformance with the most current versions of Engineering Standard Plan Nos.
436 and 601, pertaining to parking standards and driveway locations. Subject property shail
thereupon be developed and maintained in conformance wilh said plans.
21. That an on-site trash truck turn around area shall be provided in accordance with Engineering
Standard Detail No. 610, as required by tf~e Department of Public Works, Street Sweeping and
Sanitation Division. Said information shall be specifically shown on plans submitted for building
permits.
22. That the developer shall be responsible for planting groundcover and maximum twenty four inch
(24") high shrubs in the landscaped area located within the public right-of-way aiong Knott Stree;.
The Urban Forestry Operations Division of the Community Services Department shall be
responsible for the maintenance oF any trees also located within this landscaped area. Other
landscaping planted by the developer shall ultimately be maintained by the Homeowner's
Association at such time as the Association becomes responsibie for maintenance of other portions
of lhe property. Said information shall be specified on pians submitted for building permits. Said
landscaping shall ba planted prior to final building and zoning inspections.
23. That if the designated remainder parcel adjacent to Ball Road is not conveyed to lhe adjacent
property owner to the east, the developer of lhis property shall be responsible for planting trees,
shrubs, vines (to screen the adjacent carport walls) and groundcover on this parcel. The
landscaping planted by the developer ; hall ultimately be maintained by the Homeowner's
Association in perpetuity, beginning at such time as the Association becomes responsible for
maintenance of other portions of the prope~ty. Said informatior shall be specified on plans
submitted for building permits. Said landscaping, if applicable, shall be planted prior to final building
and zoning inspections.
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24. That finai landscaping and ti'e~cing plans for the entire site (including the two (2) "pocket park" tot
lots} shall be submitted to the Zoning Division of the Planning Department specifying type, size and
location of existing and proposed landscaping, irrigation facilities and fencing for review and
approval by the Planning Commission as a"Reports and Recommendations" item. Following
approval, tho landscaping, irrigation facilities and fencing shall be installed and maintained in
accordance with the approved plan.
25. That an unsubordinated covenant shall be recorded with the O~ce of the Orange County Recorder
agreeing to pravide the buyer of each dwelling unit witti writtEn information obtained from the schooi
districts pertaining to possibie overcrowded conditions and busing status of the schools serving the
dweiling unit. A copy of the covenant shai! be submitted to and approved by the City Attorney prior
to recordation. A copy ~f the recorded covenant shall be submitted to the Zoninc~ Division.
26. l'hat the yards between all dwelling units shall be a minimum of ten (10) feet wide, except for
permitted chimneyP'media area" encroachments approved by the Planning Department; and that all
chimney "pop-outs" shall be staggered so as not to abutting one another, with the exception of Lot
Nos. 17 and 18.
27. That the locations for electrical transformers with landscape screening shall be shown on the plans
submitted for buiiding permits. The specific location of the electrical transformers shall be subject to
the review and approval of the Electrical Engineering Division of the Public Utilities Department.
28. That the subject property shall be deveioped substantially in accordance with pians and
spe~ifications submitted to the City of Anaheim by the petitioner and which plans are on file with the
Planning Department marked Revision No. 1 of Exhibit No. 1, Exhibit Nos. 2, 3, 4 and 5, Revision
No. 1 of Exhibit No. 6, and Exhibit No. 7, and as conditioned herein.
29. That prior to the issuance of a building permit or within a period of one (1) year from the d~te of this
resolution, whichever occurs first, Condition Nos. 2, 3, 4, 5, 6, 7, 8, 9, 12, 15, 16, 17, 19, 20, 21, 22,
23, 24, 25 and 27, 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.
30. That prior to final building and zoning inspections, Condition Nos. 2, 7, 15, 16, 18, 22, 23, 24, 26
and 28, above-mentioned, shall be complied with.
31. i hat approval of this application constitutes approval of the proposed request only to the sxtent that
it complies with tha Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not inciude 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 appl(canYs compliance
with each and ail 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 approvals herein contained, shall be deemed null and void.
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August 3, i 998.
THE FOREGOING RESOLUTIC
ATfEST:
~Pph-~O-~
SECRETAFtY, AN EIM CITY PLANNING COMMISSION
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 faregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on August 3, 1998, by the following vote of the members lhereof: _
AYES: COMM6SSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, NAPOLES, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: WILLIAMS
VACANCY: ONE SEA7 VACANT
IN WITNESS WHEREOF, I have hereunto set my hand this ~~~ day of ~~LU_ C~~,
1998.
l i~~.J ~~b~.~'
SECRETARY, AN ElM CITY PLANNING COMMISSION
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