Resolution-PC 98-54RESOLUTION NO. PC98-54
A RESOLUTION OF THE ANAHEIM CITY PLANNItvG CdAAMiSS'vN
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4~O/1 B~ ~F7ANT: ~3, iN PART
WHEREAS, the Anaheim Ciry Planning Commission d~d re~~!~ive a verified Petition for
Condltional Use Permit for certain real property situated in the City of Anahein , Co4nty of Orange, Stai ~
of Califomia, described as
LOTS 3 AND 4 IN BLOCK A OF TRACT NO. 13, AS SHOWN ON A Mi`.P
RECORDED IN BOOK 9, PAGE 12 OF MISCELLANEQ!JS Ni4°$,
RECORDS OR ORANGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THE NORTH 216.00 FEET OF THE WEST
404.62 FEET, SAID DISTANCE BEING tutEASUREO TO THE CENTER
LINE OF THE STREETS ADJOINING ON THE NORTH ,4ND Qt~ iHE
WEST.
ALSO EXCEPTING THEREFROM THE NORTH 66.00 FEET OF SAID LOT
3, AS DESCRIBED IN DEED TO THE STATE OF CALIFORNIA
RECORDED FEBRUARY 4, 1958 IN BOOK 4185, PAGE 76 OF OFFICIAL
RECORDS OF SAID ORANGE COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on April 13, 1998 at 1:30 p.m., notice of said public hearing having been duly given as
rzquired by law and in accordance with the provisions of the Anaheim Munir,ipal Code, Chapter 18.03, 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
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:
1. That the proposed use is properly one for which a condiliunal use pe•.•mit is
authorized by Anaheim Municipal Code Section 18.31.050.090 to construct a 60-unit deta,;,hed
condominium development with waivers of the followinc~:
(1) Sections 18.06.040 - Minimum d(merasions of aarkina soaces
and 18.31.06G020 (20-foot lona drivewav required for open parking
spaces;
18-foot lon4 drivewav proposed for 3 lots)
(2) Sections 18.31.063.031_ - Minimum recreational-leisure areas
(3) Sections 18.31.063.024 - Minimum structu,:al setback fr rQ~r
one-familv residential develoaments.
1-sto permitted 02 feet from RS-7200 zoning
to the south, 11 f e propose~,; and
-st ries permitted 5 fee from RS-7200 zoning to
the south, 12 feet proposed)
CR3250PL.DOC -1- PC98-54
(4) Sections 17•~8•U36 - Minimum orivate sireot standards.
17.08.043 (Sidewaiks required on 6oth (twol sides of
17.08.390 private sVeets; sidewalks proposed on Qne
and 17.08.650 side only)
2. That waivers (1), (3) and (4) are hereby approved on the basis that there are special
circumstances applicable to the property such as size, shape, topography, location or surroundings, which
do not apply to other identically zoned properties in the vicinity; and that strict application of the Zoning
Code deprives the property of privileges enjoyed by other prope~ties under identical zoning classification
in the vicinity; and further based on the evaluation contained in the Staff Repo~t to the Planning
Commission dated April 13, 1998.
3. That the oetitioner has demonstrated that two-siory units will not cause view intrusion into
the backyards of the single family residences to tht so~th provided tha~ the proposed tree screen is
properly maintained.
4, 7hat waiver (1) originally inciuded 'minimum garage size' but that it was dPleted following
public notification and is, therefore, denied.
5. That waiver (2), minimum recreational-leisure areas, is hereby denied on the basis that it
was deleted following public notification.
6. That the proposed use is properly one for which a conditional ~se permit is authorized by
the Zoning Code.
7. That this proposal was inadvertently adveRised as a 62-unit detached residential
condominium development but that the correct number is 60 units.
g, That the proposed use will not adversely affect the adJoining land uses and the growth
and development of the area •in which it (s proposed to be located; and that the proposed density of 9.6
units per acre is compatible with the surrounding land uses and provides a positive contribution to the
growth and development of the area.
9. That the size and shaFe of the site for the proposed use is adequate to allow the full
development of the proposed use in a manner not deUimental to the Qa:~licular area nor to the peac~,
health, safety and general welfare.
1~. That the traffic generated by ~!~e propose ' use will .not impc+se an undue burden upon the
streets and highways designed and improved to carry the tra~c in the area,
11. That granting of this conditional use permit, under th2 i~:onditior,;; imposed, will not be
detrimental to the peace, heaith, safery and general welfare of tho cit!zens of the City of Anaheim.
12, That one concerned person spoke at the public hearing; and that no correspondence
was received in opposition to the subject petition.
PC~'9-54
CALIFORNIA EtvVIRONMENTAL QUAIITY ACT FINDING: That lhe Anaheim City
Pisnning Commission has reviewed the praposal to construct a 60-unit detached residential condominium
development with waivers of minimum dimensions of parking spaces, minimum garage size, minimum
recreationaf-leisure areas, minimum ~,tructural setback from one-family residential developments, and
minimum private street standards on a 6.25-acre parcel having frontage ~f 450 feet on the east side of
Bror~khurst Street with a maximum depth of 605 feet and being located 216 feet south of the centerline of
Lincoln Avenue (112-218 South 2rookhurst Street) and does hereby approve the Negative Declaration
upon finding that lhe deciaration reflects the independent judgernent of the lead agency and that it has
considered the Negative Declaration together wilh 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 r.o
substantial evidence that the project wili have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditio~al Use Permit, in part, upon the following conditions which
are hereby found to be a necessar~ prerequisite to the proposed use of the subject property in order to
preserve the safery and general welfare of the Citizens of the City of Anaheim:
1. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event
that it is removed, damaged, diseas~d and/or dead.
2. That minimum lwenty four (24) inch box, non-deciduous, broadheaded or canopy trees, shall be
planted and maintained by the deveioper adjacent to the soulh property line ta provide a broad
screening effect for the single-family residences to the south. Landscape plans shall specify the
location of the trees on approximately twenty (20) foot centers (said distance may yary slightiy) to
allo~r alignment of said trees with second story windows facing south. The subject trees shall
uitimately be maintained by the Homeowner's Association at such time as the Association becomes
responsible for maintenance of other portions of the property. It shall then be the responsibility of
the Homeowner's Association to inform all affected homeowners that these trees shall not be
removed or trimmed by individual homeowners.
3. That all second story windows shall be opaque, at or below eye Isvel and immediately adjacent to
and facing the south property line. Said information shall be specifically shown on plans submitted
for building permits.
4. That roll-up garage doors shall be specified on plans submitted for building permits. Said doors
shall be installed and maintained as shown on the plans.
5. That Conditional Use Fermit No. 4000 is hereby granted subJect to (i) adoption of a zoning
ordinance in connection with Reclassification No. 97-98-09 and (ii) recordation of Final Tract Map
No. 15610.
6. That in connection with the submittal of building permits, the developer shali dernonstrate
comp~iance with City Council Policy No. 542 pertaining to sound attenuation in residential projects.
7. That clothes washer and dryer hookups shall be incorporated into the garage or livirg area of each
dwelling unit. Said hook-ups shall be shown on the plans submitted for b~ilding permits.
8. That clinging vines and/or fast-growing shrubbery shall be planted and maintained adjacent to all
fences visible to Brookhurst Street and Lincoln Avenue. Minimum five (5) gallon sized plants and
minimum one (1) gailon sized vines, on maximum three (3) foot centers, shall be planted in these
areas. This Enformalion shall be specifically shown on pians submitted for buiiding permits.
9. That an applicatior~ for an Administrative Adjustment or Varience to construct an eight (8) foot high
decorative (on both sides) masonry block wall along the north and south property lines and a six (6)
foot high masonry block wall set back fifteen (15) feet from the west property line (8rookhurst
Street) shall be submitted to lhe Zoning Division.
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(a) If the Administrative Adjustment (Variance) is approved, said masonry block walls shal! be
eonstructed prior to finai building and zoning inspections; or
(b) If the A~ministrative Adjustment (Variance) is denied, prior to final buiiding and zoning
inspections:
(i) Six (6) foot high masonry block walls shall be constructed adjacent to the north and
south properry lines, and
(ii) A six (6) foot high decorative (on both sides) masonry biock wall shall be
constructed and set back a minimum of twenty (20) feet from the west property line
(Brookhurst Street).
10. That final landscape plans, fencing plans (along Broolchurst Street), building alevations, sign
location plans, type(s) of playground equipment plans, and wirdow treatment pians shall be
submitted to the Zoning Division for the review and approval by the Planning Commission as a
"Reports and Recommendations" item. The specific location of the perimefer masonry bl~ck wali
along Siookhurst Street shall be subject to the review and approval of the City Traffic and
Transportation Manager for Iine-of-sight considerations.
11. That the proposed common recreationai leisure area shall be equipped with playground equipment.
The playground equipment shall be specifically shown on plans submitted for building permits.
12. That the developer shali be responsible for payment of school fees as required by State law.
13. That the property owner shall submit a lette~ requesting termination of Variance No. 1144
(permitting installation o' two electric signs) and Gonditional Use Permit No. 3754 (permitting a
6,500 sq. ft. church in an existing shopping center) to the Zoning Division.
14. That trasn storage areas shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said information shail be specifically shuwn on the plans submitted for
building permits.
15. 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.
18. That an on-site trash truck turn-around area shall be provided in accordance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Pub~ic Works Department, Streets
and Sanitation Divi:;ion. Said turn-around area shall be specificelly shown on ~lans suhmi!ted for
building permits.
17. That the property owner shall record an unsubordinated covenant with the O~ce of the Orange
Counb~ Recorder agreeing to provide the buyer of ~ach dwelling unit with written information
obtained from the schooi district(s) pertaining to possible overcrowded conditions and busing status
of tl-ie school(s) serving the dwe!iing unit. A copy of the covenant shall be submitted to and
approved by the City Attorney prior to recordation. A copy of the recurded covenant shal! be
submitted to the Zoning Division.
18. That any temporary off-site advertising for the sale of these homes shall comply with Code
requirements. Cardboard signs on sticks shall not ~e permitted. '
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19. That plans shall be submitted to ;he City Traffic ~nd Transportation Manager for review and
approval specifying how the veh?cular security gates and vehicle tuni-around area will function.
Gates shall not be instailed 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
Plan No. 609 and shali be subject to the review and approval of the Cit,y Tra~c and Transportation
Manager prior to issuance of a building permit.
20. That plans shall be submitted to the City Traffic and Transportation Manager for review and
approval showing conformance with the most current versions of Engineering Standard Plan Nos.
436 and 601 pertaining to parking standards and driveway locations. Subject property shall
thereupon be developed and rnaintained in conformance with said plans.
2~;. That the minimum garage size shall be twenty (20) feet by twenty (20) feet. Minimum driveway
length shall be twenty (20) feet except for a maximum of three (3) lots which are permitted to have
minimum eighteen (18) foot lang driveways. Said information shall be specifically shown on plans
submitted for building permits.
22. That sewer and drainage improvements within this residential tract shall be privately maintained.
23. That it shall be the Homeowner's Association's responsibility to regularly and periodically clean the
pubiic right-of-way portion of the Brookhurst Street entrance driveway between the curb Iine along
Brookhurst Street and the praperty line.
24. That "layered" landscaping shall be provided in the planter adjacent to Brookhurst Street. Said
information shail be specifically shown on plans submitted for building permits.
25. That subject property shali be developed substantially in accordance with plans and specifications
submitted to the Ciry of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Revision No. 2 of Exhibit No. 1, Revision No. 1 of Exhibit No. 2, and Exhibit
Nos. 3 and 4, and as conditioned herein.
26. That all garages shall have roli-up doors.
27. That prior to the issuance of a building permit or within a period of one (1) year from the dafe of this
resolution, whichever occurs first, Condition Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 19,
20, 21 and 24, 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.
28. That prior to final building and zoning inspections, Condition Nos. 2, 9(a), 9(b), 25 and 26 , above-
mentioned, shall be complied with.
28. That approval of this appiication 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 approvai
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 Rasolution is expressly predicated upon appiicant's 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 Gr.; approvals herein contai:~ed, shall be deemed null and void.
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THE FOREGOfNG RESOLUTION was op d at .the PI2 t ing Commission meeting of
April 13, 1998.
CHAIRPE N, PR PORE
ANAHEIM CITY PLANNING COMMISSION
ATi'EST:
`}~1'~fGlr.~ ~oki~
SECRETARY, ANA EIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY C~F ORANGE ) ss. ~
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the ianaheim City Planning
Comm~~sion held en April 13, 1998, by the following vote of the members thereof:
AYES: COMMISSIONERS:BRISTOL, HcNNINGER, NAPOLES, PERAZA
NOES: COMMISSIONERS:BOYDSTUN
ABSENT: COMMISSIONERS:EOSTWICK
VACANCY: ONE SEAT VACANT
IN WITNESS WHEREOF, I have hereunto set my hand this ~/~ day of _~~'~~
1998.
'lYi~u~~~ Se~e~
SECRETARY, AHEIM C(TY PLANNING COMMISSION
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