Resolution-PC 98-73RESOLUTION NO. PC98-73
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4022 BE GRANTED
WHEREAS, 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:
THE SOUTH 100 FEET OF THE NORTH 292.78 FEET OF THE SOUTH
586.10 FEET OF THE EAST HALF OF THE WEST HALF OF THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION
1F3, IN TOWNSHIP 4 SOUTH RANGE 10 WEST, IN THE RANCHO LOS
COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP'iHEREOF RECORDED IN BOOK 51,
PAGE 7, ET SEQ., MISCELLANEOUS MAPS, RECORDS OF SAID
~RANGE COUNTY.
EXCEPT THEREFROM THE EAST 30.00 FEET OF SAID LAND AS
CONVEYED TO MOORE BUILT HOMES #4, INC., A CORPORATION BY A,
GRANT DEED RECORDED MAY 18, 1955 IN BOOK 3071, PAGE •101, OF
OFFICIAL RECORDS.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on May 11, 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 recommendations in connection therewith; and that said public hearing was continued
to the April 27, 1998 Planninc~ Commission meeting; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and In its behalf, and after due consideration of aIl 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 conditional use permit is authorized by
Anaheim Municipal Code Section 18.32.050.045 to construct a 1-lot, 2-story, 7-unit detached residential
condominium development with the waivers of the following:
(1) Section 18.31.063.022 - Minimum distance between buildinqs.
(18 feet required between tuilding walls with windows;
10 to 11 feet proposed)
(2) Sections 17.08.036 - Minimum orivate street standards.
17.08.043 (24-foot wide travel lane plus 4-foot wide grade-seoarated
17.08.390 sidewalk required;
and 17.08.650 20 an~ 33-foot wide travel lane plus 4-foot wide sidewalk at same
grade as the travel lane proposed)
2. That there are special circumstances applicabie to the property consisting of location and
surroundings, which do not apply to other identi~ally 2oned properties in the vicinity.
CR3277PL.DOC -1- PC98-73
3. Thaf waivers (1) and (2) are hereby granted on the basis that strict application of the
Znning Code deprives this property of privileges enjoyed by other properties under identical zoning
classification in the vicinity and that this infill property is constricted by the surrounding development.
4. That waiver (2), pertaining to minimum private streEt sfandards, has been reviewed and
approved by the City Engineer.
5. That the pr~posed use will not adversely affect the adjoining lanc? uses and the growth
and development of the area in which it is proposed to be located.
6. That tiie size and shape of the site for the proposed use is adequate to allow full
deveiopment of the proposed use in a manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
7. Tliat 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 the area.
8. That grantir,g of this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
9. That two people spoke at the public hearing in opposition; and that no correspondence
was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUAL~7Y ACT FINbING: That the Anaheim City
Planning Commission has reviewed the proposal to reciassify subject prope:ty from the RS-A-43,000
(Residential/Agricultural) Zone to the RM-3000 (Residential, Multipis-Family) Zone and to construct a 1-lot,
7-unit detacf:ed residential condominium subdivision with waivers of minimum distance between buildings
and minimum private street standards on a 0.61 acre rectanguiarly-shaped property having frontage of
100 feet on the west side of Velare Street, a maximum depth of 266 feet and being located 950 feet south
of Orange Avenue (711 South Velare Street); and does hereby approve the Negative Declaration upon
finding that the declaration reFlects the independent judc~ement of the lead agency and that it has
considered ihe Negative 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 tnat ihe project will have a significant effect on the environment.
NOW, THEREFOR[, BE IT RESOLVED lhat the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional 'Jse 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 welfar~ of the Citizens of the City of Anaheim:
1. That trash storage areas shall be provided and maintained in a locatien acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Such information shall be specifically shown or the plans submitted for
auilding permits.
2. 'fhat 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 Public Works Department,
Streets and Sanitation Divis(on. Said turn-around area shall be specifically shown on plans
submitted for building permits.
3. That opaque windows shall be required 4or all windows which (i) are at or below eye level and (ii)
far,e adjacent residential units and (iii) are not separated by a block wall or other screening device
from adjacent residential units. Said information shall be specifically shown on plans submitted for
building permits.
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4 That the developer shall be responsible for payment of school fees as required by California State
Law.
5. That final building elevations shall be submitted to the Zoning Division of the Planning Department
shovrirg all colors, materials, roofing and elevation types for review and approval of the Planning
Commission as a"Reports and Recommendations" item.
6. That a landscaping plan(s) for the entire site shall be submitted to the Zoning Division specifying
species, size, number and location of landscaping materials pius irrigation, for review and approval
by the Pianning Commission as a"Reports and Recommendations" item. Following approval, the
landscaping shall be installed and maintain~d in accordance with the plan.
7. (a) That any existing mature trees which are located in the front setback along Velare Street
shall be maintained and incorporated into the submitted landscaping plan;
(b) That the landscaping plan(s) shall show a minimum of five (5) trees located in the front
landscaped setback in compliance with Code requirements;
(c) That the landscaping plan(s) shall show half-diamond shaped planters along the north
property line between proposed parking spaces and along the block wall adjacent to
Veiare Street planted with fast-growing clinging vines; and
(d) That "layered" landscaping shall be provided in the planter adjacent to Velare Street.
8. That gates shall not be installed across any drive~vay or private street in a manner which mey
ad~:ersely affect vehicle tra~c in Velare Street. Installation of any gates shall conform to
Engineering Standard Plan No. 609 and shall be subject to review and approvai by the City Traffic
and Transportation Manager prior :o issuance of a buiiding permit.
9. 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 end maintai~ed in conformance with said plans.
10. That roll-up garage doors shall be shown on plans submitted for building perm'!s. Said do~rs shall
be installed and maintained as shown on the approved plans.
11. That clothes washer and dryer hookups shall be incorporated into eacii condominiurn dwelling unit
and shall be shown on the plans submitted for building permits.
12. That any temporary off•site advertising for the sale of these homes shall comply with Code
requirements. Cardboard signs on sticks, or similar signs, shall not be permitted.
13. That the driveway on Veiare StreEt shall be constructed v~~ith a ten (10) foot radius curb return, as
req~ired by the City Tra~c and Transportation Manager.
14. 1'hat this Conditional Use Permit is granted subject to adoption of a zoning ordinance in connection
with Reclassification No. 97-98-17, now pending.
15. That the subject property shall be developed substantially in accordance with plans and
specifications submitted to the City af Anaheim by the petitioner and which plans are on file with
the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein.
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16. That prio~ to the issuance of a building permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Cond~tion Nos. 1, 2, 3, 5, 6, 7, 8, 9, 10, 11 and 14, above
mentioned, shall be compiiec! with. Extension~ for further time to complete said conditions may be
gr~nfed in accordance with Section 18.d3.090 of the Anaheim biunicipal Code.
17. That ;.,riur to final building and zonir.g inspections, Condition Nos. 13 and 15, above-mentioned,
shal! be complied with.
18. That appruval of this ~ppltc2tion constitutes approval of the proposed request only to the extent
that it complie~ ^.t~ifh the Rnaheim IUunicipal zoning Code a~d any other applicable City, State, and
federal regulatior.s. Apprcva! cioPs not includE dnp a~:iion or findings as to compiiance or approval
of the request regardir~g any other a~~licable ordinance, regulation or requirement.
BE IT FURT:IE~: RES~L`~ED that the Anaheim City ~lanning Commission does hereby
fi7d ~.2d deter~iine that adoptioi~ of 'Lhis Resolution is expressly predicated upon applicanPs compliance
witti caa`~ o!:~i aff of the conditior~ hereiri2bowa set forth. Should any such condition, or any part thereof,
be deGared ~nvalid or une~~forceable by che f~~ai judgment of any court of competentjurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOfN~ RESOLUTION was adopted al the Planning Commission meeting of
May 11, 1998.
r .i--~ _ ., r--.rts-~
CHAIR AN ANAHEEM CITY PLANNING COMMISSION
ATfEST:
~~ ~~
SECRETARY, AN HEIM 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 foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on May 11, 1998, by the following vote of the members thereof:
AYE^: COMb11SS10NERS:BOSTWICK, BRISTOL, HENNINGER, NAPOLES, PERAZA
NOES:COMMISSIONERS; NONE
ABSENT: COMMISSIONERS: BOYDSTUN
VACANCY: ONE SEAT VACANT
IN WITNESS WHEREOF, I have hereunto set my hand this ai7 day of l~/'
1998.
d~6~
SECRETARY, NAHEIM CITY PLANNING COMMISSION
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