Resolution-PC2025-028RESOLUTION NO. PC2025-028
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ANAHEIM APPROVING A CONDITIONAL USE PERMIT TO
PERMIT THE CONVERSION OF EXISTING MULTIPLE -FAMILY
STRUCTURES AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
(DEV2024-00029)
(207 SOUTH WESTERN AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve a conditional use permit to convert an
existing 21-unit apartment complex to a 21-unit condominium project (the "Proposed Project") on
certain real property located at 207 South Western Avenue in the City of Anaheim, County of
Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated
herein by this reference (the "Property"); and
WHEREAS, the Property is approximately 1.39 acres in area and is developed with six
multiple -family residential structures comprised of 21 residential units and associated site
improvements. The Property is designated for Medium Density Residential land uses in the
General Plan. The Property is in the "RM-4" Multiple -Family Residential Zone and is subject to
the zoning and development standards contained in Chapter 18.06 (Multiple -Family Residential
Zones) of the Anaheim Municipal Code (the "Code"); and
WHEREAS, conversion of existing multiple -family structures requires a conditional
use permit subject to the approval by the Planning Commission pursuant to Subsection .090 of
Section 18.06.030 (Uses) and Section 18.38.100 (Condominium Conversions); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on October 20, 2025, at 5:00 p.m., with notice of said public hearing having
been duly given as required by law and in accordance with the provisions of Chapter 18.60
(Procedures) of the Code, to hear and consider evidence for and against the Proposed Project and
to investigate and make findings and recommendation in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for Implementation of the California Environmental
Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA
Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental
documents for the Proposed Project; and
WHEREAS, the Planning Commission finds that the effects of the Proposed Project are
Categorically Exempt from the requirements to prepare additional environmental documentation
per CEQA Guidelines, Section 15301— Existing Facilities. The Proposed Project is a request to
subdivide an existing multiple -family residential property into a one -lot airspace subdivision to
permit the conversion of an existing 21-unit apartment complex into 21 condominium units. The
project would include minor site alterations and no building expansion, and operations would be
consistent with historic levels of operation on the subject property. Pursuant to Section 15300.2
(c) and 15301 of the CEQA Guidelines, no exceptions to the exemption apply, there are no unusual
circumstances in respect to the Proposed Project that would cause a significant effect on the
environment and, therefore, the Proposed Project is categorically exempt from the provisions of
CEQA; and
WHEREAS, the Planning 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 with respect to the request for a conditional use permit, does find and determine the
following facts:
1. The project complies with the General Plan, including the land use element because
the subject property is designated Medium Density Residential (0-36 dwelling units per acre), and
the proposal maintains the existing density at 15 dwelling units per acre without increasing the
number of dwelling units. In the Land Use element, the Medium Density Residential designation
is intended to provide quality multiple -family developments with amenities that include private
open space and recreation areas, both of which would be provided through private patios and a
new 735-square-foot outdoor common recreation area for residents.
2. The existing structures and other improvements conform to the site development
standards for the underlying zone or any applicable specific plan because the project complies to
the development standards of the "RM-4" Multiple -Family Residential zone, including lot area,
lot width, structural heights, floor area, site coverage, structural setbacks, recreational -leisure and
storage areas, parking, and landscaping. No expansion of building footprints is proposed.
3. The existing structures and other improvements are in compliance with the Uniform
Building Code and other applicable codes as adopted by the City of Anaheim because the existing
buildings were constructed in accordance with the applicable building codes in effect at the time
of construction. The project does not involve any building expansion but does propose the addition
of an outdoor common recreation area and parking upgrades. Any proposed future improvements
would be subject to all applicable State and City codes, standards, and policies to ensure
compliance with current building, fire, accessibility, and life -safety requirements.
4. The vehicular and pedestrian access are adequate because vehicular access is
provided via two driveways on Western Avenue in a U-shaped circulation pattern for entering and
exiting the site with sufficient internal pedestrian walkways to serve the residential development.
No new building construction or expansion is being proposed with this application.
5. The size and shape of the site proposed for the use are adequate to allow full
development of the proposal in a manner not detrimental to the particular area because the existing
residential structures and site improvements are adequate to accommodate the use, including
parking and proposed common recreation area, without adversely affecting the surrounding
neighborhood. No new building construction or expansion is proposed with this application.
- 2 - PC2025-028
6. 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 because the project
will not generate additional traffic beyond what is currently experienced by the existing residential
development complex as a result of converting from an apartment to condominium project. No
new building construction or expansion is being proposed with this application. Each residential
unit would be assigned parking spaces that would be governed by Covenants, Conditions, and
Restrictions. Therefore, the project will not impose an undue burden on streets and highways
serving the area; and
7. That granting the conditional use permit under the conditions imposed, if any, will
not be detrimental to the peace, health, safety and general welfare of the citizens of the City of
Anaheim because the project continues as a residential use and improves site amenities for
residents. A homeowner's association would be established to manage and maintain the property,
including common areas and shared facilities; and
WHEREAS, this Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report,
and all materials in the project files. There is no substantial evidence, nor are there other facts, that
negate the findings made in this Resolution. This Planning Commission expressly declares that it
considered all evidence presented and reached these findings after due consideration of all
evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, this
Planning Commission does hereby approve the conditional use permit, contingent upon and
subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein
by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the
Property for which the conditional use permit is applicable in order to preserve the health, safety
and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete
conditions of approval may be granted in accordance with Section 18.60.170 (Extension of Time
to Comply With Conditions of Approval) of the Code. Timing for compliance with conditions of
approval may be amended by the Planning and Building Director upon a showing of good cause
provided (i) equivalent timing is established that satisfies the original intent and purpose of the
condition, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated
significant progress toward establishment of the use or approved development.
BE IT FURTHER RESOLVED, that any amendment, modification, or revocation of
this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit
Approval) and 18.60.200 (Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED, that the Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant'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
- 3 - PC2025-028
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and
void.
BE IT FURTHER RESOLVED, that approval of this application constitutes approval of
the proposed request only to the extent that it complies with the Code and any other applicable City,
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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 20, 2025. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal.
i
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
nW:F14!A
SECRETARY4 �ING COMMISSION
OF THE CITY OF ANAHEIM
- 4 - PC2025-028
EXHIBIT "A"
DEV NO.2024-00029
APN:
135-301-10
i
o ioo
o�
Feet
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +1- two to five feet.
PC2025-028
EXHIBIT "B"
CONDITIONAL USE PERMIT
(DEV2024-00029)
NO. CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
W ti=
PRIOR TO BUILDING PERMIT ISSUANCE - 0, M&
.
1
Applicant/Owner shall record the Tract Map No. 19350 pursuant
Public Works Department,
to the Subdivision Map Act and in accordance with City Code.
Development Services
Provide a duplicate photo Mylar of the recorded map to the City
Engineer's office.
2
Applicant/Owner shall obtain a Right of Way Construction
Public Works Department,
Permit (RCP) from the Development Services Division for all
Development Services
work performed in the public right-of-way.
3
Per California Water Code, Division 1, Chapter 8, Article 5,
Public Utilities,
Section 537-537.5) as amended by Senate Bill 7, water
Water Engineering
submetering shall be furnished and installed by the
Applicant/Owner and a water submeter shall be installed to each
individual unit. Provisions for the ongoing maintenance and
operation (including meter billing) of the submeters shall be the
responsibility of the Owner and included and recorded in the
Master CC&Rs for the project.
4
All Landscape plans shall comply with the City of Anaheim
Public Works Department,
adopted Landscape Water Efficiency Guidelines. This ordinance
Development Services
is in compliance with the State of California Model Water
Efficient Landscape Ordinance (AB 1881).
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
All public improvements shall be constructed by the
Public Works Department,
5
Applicant/Owner, inspected and accepted by Construction
Development Services
Services prior to final building and zoning inspection.
All remaining fees/deposits required by the Public Works
Public Works Department,
6
Department shall be paid in full.
Development Services
Applicant/Owner shall set all Monuments in accordance with the
Public Works Department,
7
final map and submit all centerline ties to Public Works
Development Services
D artment. Apy monuments damaged as a result of
PC2025-028
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
construction shall be reset to the satisfaction of the City
Engineer.
Applicant/Owner shall install an approved backflow prevention
Public Utilities Water
assembly on the water service connection(s) serving the
Engineering
8
property, behind property line and building setback in
accordance with Public Utilities Department Water Engineering
Division requirements.
Prior to Final Building and Zoning Inspections, the Applicant/
Public Works Department,
Owner shall execute and record with the Orange County
Traffic Engineering
Recorder an unsubordinated declaration of Covenants
Division
Conditions and Restrictions (CC&Rs) to run with the land,
satisfactory to the City Engineer, Planning & Building Director,
Planning and Building
and City Attorney, which restricts the installation of vehicle
Department,
gates across the project driveways or access roads as the site
Planning Services Division
design does not allow any such gates to conform to City of
9
Anaheim Engineering Standard Detail 475 pertaining to gate set
back distance, turnaround area, guest phone, separate lane for
guest access, and minimum width for ingress/egress as required
by the Fire Department. Should gates be desired in the future, an
amendment to the CC&R's approved by the City Engineer,
Planning Director and the City Attorney's office and recorded.
Gates, if any, shall comply with the current version of City of
Anaheim Engineering Standard Detail 475 and are subject to
approval by the City Engineer.
ON GOING DURING PROJECT GRADING, CONSTRUCTIONAND OPERATIONS
Curbs adjacent to the drive aisles shall be painted red to prohibit
Public Works Department,
10
parallel parking in the drive aisles. Red curb locations shall be
Traffic Engineering
clearly labeled on building plans.
Division
GENERAL
11
The following minimum horizontal clearances shall be
Public Utilities Water
maintained between proposed water main and other facilities:
Engineering
• 10-feet minimum separation (outside wall -to -outside
wall) from sanitary sewer mains and laterals
• 5-feet minimum separation from all other utilities,
including storm drains, gas, and electric
• 6-feet minimum separation from curb face
PC2025-028
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CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
• 10-feet minimum separation from structures, footings,
and trees.
The following minimum clearances shall be provided around all
new and existing public water facilities (e.g. water mains, fire
hydrants, service laterals, meters, meter boxes, backflow
devices, etc.):
• 10 feet from structures, footings, walls, stormwater
BMPs, power poles, streetlights, and trees.
• 5 feet from driveways, BCR/ECR of curb returns, and all
other utilities (e.g. storm drain, gas, electric, etc.) or
above ground facilities.
• 10-feet minimum horizontal separation (outside wall -to -
outside wall) from sanitary sewer mains and laterals.
• 6-feet minimum separation from curb face
• 12-inch minimum vertical separation from other utilities.
12
All CBC and CFC requirements shall be met for permit issuance.
Fire and Rescue
Any fire permits, which include fire sprinklers, fire alarm, etc.,
Department
shall be submitted directly to the Anaheim Fire and Rescue
Community Risk
Department.
Reduction Division
13
Landscaping shall be replaced by the applicant in a timely
Planning and Building
manner if it is removed, damaged, diseased, and/or dead. All new
Department,
landscaping shall be installed by the owner/developer in
Planning Services Division
conformance with Chapter 18.46 "Landscape and Screening" of
the Anaheim Municipal Code and shall be maintained in
perpetuity.
14
The Applicant/Owner shall defend, indemnify, and hold
Planning and Building
harmless the City and its officials, officers, employees and
Department,
agents (collectively referred to individually and collectively as
Planning Services Division
"Indemnitees") from any and all claims, actions or
proceedings brought against Indemnitees to attack, review, set
aside, void, or annul the decision of the Indemnitees concerning
this permit or any of the proceedings, acts or determinations
taken, done, or made prior to the decision, or to determine the
reasonableness, legality or validity of any condition attached
thereto. The Applicant's indemnification is intended to include,
but not be limited to, damages, fees and/or costs awarded against
or incurred by Indemnitees and costs of suit, claim or litigation,
including without limitation attome ys' fees and other costs,
PC2025-028
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CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
liabilities and expenses incurred by Indemnitees in connection
with such proceeding.
15
The Applicant/Owner is responsible for paying all charges related
Planning and Building
to the processing of this discretionary case application within 30
Department,
days of the issuance of the final invoice or prior to the issuance of
Planning Services Division
building permits for this project, whichever occurs first. Failure
to pay all charges shall result in delays in the issuance of required
permits or may result in the revocation of the approval of this
application.
16
The property shall be developed substantially in accordance
Planning and Building
with plans and specifications submitted to the City of Anaheim
Department,
by the applicant and which plans are on file with the Planning
Planning Services Division
and Building Department.
17
Applicant/Owner shall comply with all applicable State laws,
Planning and Building
including but not limited to Government Code Sections 66427.1
Department,
and 66452 related to condominium conversion notifications and
Planning Services Division
California Tenant Protection Act of 2019 (AB 1482).
18
The Applicant/Owner shall not terminate any existing residential
Planning and Building
tenancies for a period of twelve (12) months following approval
Department,
of the condominium conversion by the California Department of
Planning Services Division
Real Estate, except for cause. During this 12-month period, all
existing tenants shall be allowed to remain in occupancy under
the terms of their current leases or on a month -to -month basis, as
applicable. Eviction or termination of tenancy during this period
shall only be permitted for cause. All required notices under
State law shall be provided to tenants, including any notices
related to the opportunity to purchase their units upon
conversion.
PC2025-028
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Bridgette Bambrick, Secretary of the Planning Commission of the City of Anaheim,
do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on October 20, 2025, by the following vote of the
members thereof:
AYES: Commissioners Castro, Lieberman, Perez, Tran-Martin, and Walker.
NOES:
ABSTAIN:
ABSENT: Commissioners Abdulrahman and Kelly
IN WITNESS WHEREOF, I have
OF THE CITY
this 201h day of October 2025.
COMMISSION
ANAHEIM
PC2025-028