Resolution-PC 98-71RESOLUTION NO. PC98-71
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSIQN
THRT PETITION FOR CONDITIONAL USE PERMIT NO. 4004 BE DENIED
WHEREAS, the Anaheim City Planning Commission did receive a verified Pe4ition for
Conditional Use Permit for certain rea~ property situated in the City of Anaheim, Counry of Orange, State
of California, and described in Attachment"A"; and
WHEREAS, the City Planning Commission did hoid a public hearing at the Civic Cenfer in
the City of Anaheim on April 27, 1998 at 1:30 p.m., notice of said public hearing having been duly given as
requirec~ by law and in accordance with ihe provisions of the Anaheim Municipai 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 that said public hearing was continued
from the March 16, 1998 Planning Commission meeting; and
WHEREAS, said Commission, after due inspection, investig2tion 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:
i. That the proposed use is properly ons for which a conditional use permit is
authorzed by Anaheim Municipal Code Section 18.31.050.090 to construc! a 98-unit detached
condominium development with waivers of the following:
(1) Section 18.31.062.012 - Maximum structural heiaht adiacent to a sinqle-family zone.
(2-stories permitted at least 50 feet from single-family residential
zoning; 2-sfories proposed 20 feet from "RS-5000" Single-Family
zoning to the north and northeast) zoning)
(2) Section 18.31.062.0325 - Minimum floor area oer dwellinq unit.
(1,350 sq. ft. for 4-bedrooms uniks required; 1.256 sq. ft.
proposed for Model No. 2)
(3) Section 18.31.063.011 - Minimum structural and landsca~ed setback adiacent to a
freewav.
(20 feet required; none proposed adjacent 4o the SR91/Riverside
Freeway)
(4) Section 18.31.063.021 - Minimum structural setback adiacent to a orivate street.
and 18.31.063.027_ (8 to 13-foot front setback required, 3 feet proposed; and
9-foot side setback required, 5 feet proposed)
(5) Section 18.31.065.011 - M(nimum distance between buildinas.
(17 to 23 teet required; 5 feet proposed)
(6) Seclions 17.08.036 - Minimum private street imorovements.
17.08.043 Sidewalks required on both sides of a private street in
17.08.390 accordance with Engineering Standard Deta(I No.122
and 17.08.650 "Private Streets";
no sidewalks praposed for 5 and 6-dwelling unit clusters)
CR3271 PL.DOC -1- PC98-71
2. That th(s conditionai use permit is hereby denied on the basis that General Plan
Amendment No. 354 (to amend the land use designation from Hillside Low-Medium Density Residential to
Hiliside Medium Density Reside~~tiai) and Reciassification No. 97-98-13 (RS-A-43,000(SC) io RS-
3000(SC), filed concurrently with thls use permit, were denied by the Planning Commission; and that the
proposal is not consistant with the existing land use designation nor does it comply with the development
standards of the existing RS-A-43,000(SC) zoning.
3. That there are no special circumstances applicabie to the property such as size
shape, topography, location or surroundings, which do not apply to other identically zoned propertie~ in
the vqcinity.
4. That strict application of the Zoning Code does not deprive lhe property of
privileges enjoyed by other properties under identical zoning classification in the vicinity.
5. That the proposed use would adversely affect the adjoining land uses and the
growth and development of the area in which it is proposed to be located.
"o. That the size and shape of the site for the proposed use is not 2dequate to allow
full development of the proposed use in a manner not detrimental to the particular area nor to the peace,
h~alth, safety and genera; weifare.
7. That the traffic c~enerated by the proposed use would impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area.
8. That granting of this conditional use permit would ne detrimental to the peace,
health, safety and general welfare of the citizens of the City of Anaheim.
9. That approximately 26 persons indicated their presence at the public hearing in
opposition and five of them spoke in opposition to the proposal; that correspondence was received in
opposition; and that a petition containing approximately 400 signatures was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Pianning Commission has reviewed the proposal to construct a 98-unit detached condominium
development with waivers of mar.imum structural height adjacent to a single-family zone, minimum floor
area per dwelling unit, minimum structural and landscape setback adjacent to a freeway, minimum
structural setback adjacent to a private str~et, minimum distance betwee~i buildings and minimum private
street standards on a 10.5-acre parcel with frontages of 260 feet on the south side of Riverdale Avenue,
43 feet on the west side of Addington Drive east of the terminus of Bainbridge Avenue and 45 fieet on the
west side of Addington Drive between Pageant Street and Redrock Street, with a maximum depth of 2,290
feet, and being located 70 feet south of the centerline of Bainbridge Avenue (4000 East Riverdale
Avenue); and does hereby deny the Negative Declaration upon finding that the declaration reflects the
independent judgment of the lead agency and thai it has considered tfie Negative Declaration together
with any comments received during the public review process and further fi~ding on !f-r.: basis of thc~ initial
study and any comments received t~a! there is substantial evidence that the project will have a significant
effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby deny subjact Petition for Conditiona~ Use Permit No. 40Q4 on the basis of the aforementioned
findings.
-2- PC98-71
THE FOREGQING RESOLUTIUN was ado~ted at the PlaSinfng ~~orr;missior. meeting ot
April 27, 1998. ,
.
/
~~~ c~~~~~ ;,
CHAIRPCf?.~~iN, ANAH tiM CIT,' PLANNIf~G CON,~!iSSii~N
All'EST:
1~~~(1'
SECRETARY, A HEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUN7Y OF ORANGE ) ss.
CITY OF ADIAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Pianning ~ommission, do hereby certify
lhat the foregoing resolution was passed and adopted at a me~ting of tho Anaheim City Planning
Commission held on April, 1998, by ihe following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, NAPOLES, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
VACANCY: ONE SEAT VACANT
„d WITNESS WHEREOF, i have hereunto set my hand this a/ day of
~. 1998.
~~
SECRETARY, A HEIM CITY PLANNING COMMISSION
-3- PC98-71
ATTACHMENT "A"
~~fJLE A
r-~~ h1.: 9800419-4q
~ r~'tat7e ce infi~est in the ].a~d hex'e3ssaftms'
bY thia z'ep'ot't is: ~bed or zeferred t~ ~
A FF~
Ti.tie ~o sa.ici esta~e ar interest at ~ date herecf is vested in:
~ 12 26-95, sub ~ Itanl No. ~g~ T~es oP The Salata F`ami1Y 'lYu,st dabed
~ ~C'hile B.
~l~o ~ tO ~ ~~e~'t is sitvatiad ir, t~e Stabe of «~7 ~ f~,a~
~ ~l.bed as fo~l~:
~~, Statep ~71 f~l'i{d ag~~ T~t. in thc3 City oP Ar~~ ~~,
M~ or„i i".'°". ° rgPe, i.a tx3 o£fioe af ~~~"'P x'eoomded ~n 3o~c S. P'agg 16 of
described as follpcas; tY. ~ider of said Caa~tl'.
No~l oacne_~~t at ~n~ly lir~e of said lot, said pairit be{~ '~a most
y ` P~oel af laa~d d~~ ~ p~l 1 in r]eaci
reocarled in~~~i p~ 390 of Officia]. Recio~7S, in said Offioe; 'thenoa
~O~ ~ Y P~tian of that oer~ ~~ ( 2)~yQ.ibed as
3 ~ 6f~1~ ~" East, 785.09 feet" i~'- said Par~el 1. Plorfh 61° 15' 54" W~t,
South~sly lir~e of Paxt~l 1 of t3~a Stata Higls~y
~~~~t ~O• ~7 ~''~ ~~°°k 8943, Pa~es 2fi1 ar~d 262 of OfficiaT.
Reooxc]s, in said offioe: th~ alrng said Sart3~rlY ].ine No~th 72• 40' 29"
Ea~^t. 251.09 feet t~ said BasterlY 1ine: t't~oe along said F.asber.~ly lir~e South
16 ° 02' 35" F.ast. 254. 71 feet i~ the point aE begirnzi.nq.
~~~i'ont a]1 o.il, mit~xats, natlual gas ar~d. ot;i~s
~z, tis~st ma , be within oQ: 1m8PS tfi~i t~erei.n~Paz'~el of
land, atrl the rights t3~erebo, va~ethP~ wi~ oertain ot2rs arxi~~,q, as
e~egbed and rese.xved in a deed to the Stat, s of Califomia filed N~~ 19 1953,
a-G ~Oa.m~,t No. 26916, of Certificate No. !:.5q33, F~gi~, of Titles, in said
ax.azty.
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1-iss~ 2:as~rn ~. ~•o o~v~o~r.~rvT ~~a s2~ ~2 ~
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aF~I't W.: 9707059-44
~~t~sat 3ri t~s l~yd 1',~fnafter ~es~'lbed cr z~efe~ed to ~
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Title ~bo said estate or i.ntere~t at the dato hrraof is ~tod in:
\ tgbe Of a~ t f...,,r ~ .
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~ria ]atnd refertnd ~ 3a t~ia tepcst is a3.tust~ed 3n ffiq Stute a! Ca].ifosnia,
~~Y ct! Q~qnge , ancl 3.s d~~ ~ gpu~:
Pcxael A:
~pvrttan oE Ict ~,~~ of the J.D. TaI'1Gr 'l~act, 3ri the~ City pf Ana~im
Pagse 58, 5~~• Staba of~(`elif~~~-~nia, as st~vwn an a map zeoo¢deci 3si Boaic 36, •
de~Yit~ecY 8s follpp~; --'3' ~.'L4s o£ 7~8 Arigel,es ~aril'. C~7.ifo~tLt,g,