RES-2010-186 RESOLUTION NO. 2010 -186
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING VARIANCE NO. 2010 -04820
AND AN AMENDMENT TO CONDITIONAL USE PERMIT
NO. 767 AND AMENDING CONDITIONS OF APPROVAL
OF RESOLUTION NO.1807- SERIES 1965 -66.
(TRACKING NO. CONDITIONAL USE PERMIT NO. 767A)
(DEV2010- 00067)
WHEREAS, on October 18, 1965, the Anaheim City Planning Commission
(hereinafter referred to as "Planning Commission "), by its Resolution No. 1807- SERIES 1965-
66 did approve Conditional Use Permit 767 to establish a 136 space trailer park on that certain
real property located at 211 South Beach Boulevard in the City of Anaheim, County of Orange,
State of California, as more particularly shown in Exhibit "A" attached to Resolution No. 1807 -
SERIES 1965 -66 and incorporated therein (the "existing mobile home park "); and
WHEREAS, the Planning Commission did receive a verified Petition for an
amendment to Conditional Use Permit No. 767 to permit the construction of 14 manufactured
homes on a one (1) acre parcel that is adjacent to and proposed to be operated in conjunction
with the existing mobile home park for that certain real property located at 147 South Beach
Boulevard in the City of Anaheim, County of Orange, State of California, as more particularly
shown in Exhibit "A" attached hereto and incorporated herein by this reference (the "subject
property "), and a variance to allow a smaller front yard setback than permitted by code:
SECTION NO. 18.14.100.010 Minimum front landscaped setback.
(25 feet front yard landscaped setback
required; 20 feet proposed)
WHEREAS, the subject property is currently developed with two single - family
residences, a garage and accessory structures and is located in the T (Transition) Zone. The
Anaheim General Plan designates this property for Low - Medium Density Residential land uses;
and
WHEREAS, the amendment to Conditional Use Permit No. 767 is proposed in
conjunction with Variance No. 2010- 04820; Zoning Code Amendment No. 2010 - 00091; and
Reclassification No. 2010 - 00239; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on August 2, 2010 at 5:00 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 18.60 "Procedures ", to hear and consider evidence for and against said
proposed conditional use permit and variance and to investigate and make findings and
recommendations in connection therewith; and
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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, did adopt its Resolution No. PC2010 -065 granting the amendment to the
conditional use permit and requested variance; and
WHEREAS, within the time prescribed by law, an interested party or parties did
appeal said Planning Commission decision to the Anaheim City Council; and
WHEREAS, thereafter, the City Council did set the matter for a de novo hearing,
which public hearing was duly noticed in the manner provided by law; and
WHEREAS, at the time and place fixed for said public hearing, the City Council
did hold and conduct such public hearing and did give all persons interested therein an
opportunity to be heard, and did receive evidence and reports, and did consider the same; and
WHEREAS, after careful consideration of the recommendations of the City
Planning Commission and all additional evidence and reports offered at said public hearing
before the City Council, the City Council does hereby find and determine, with respect to the
request for an amendment to said conditional use permit, that all of the conditions and criteria set
forth in the Anaheim Municipal Code are present as follows:
1. The proposal to construct 14 manufactured homes with a smaller front setback
than allowed by code is properly one for which a conditional use permit is authorized under
Code Section 18.14.030.040 and 18.26.040.
2. The construction of 14 manufactured homes will not adversely affect the
adjoining land uses or the growth and development of the area in which it is proposed to be
located because the subject one -acre parcel is currently surrounded on three sides by an existing
mobile home park and the proposed 20 foot setback aligns with the adjacent properties.
3. The size and shape of the site for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area or to the
health and safety as the addition of 14 manufactured homes is consistent with the adjacent
mobile home park neighborhood characteristics and surrounding land uses.
4. 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
traffic generated by this use will not exceed the volume of traffic planned for the streets and
highways in the area.
5. The granting of the amendment to the conditional use permit to allow 14
manufactured homes will not be detrimental to the health and safety of the citizens of the City of
Anaheim because the use is compatible to the existing and adjacent mobile home park and will
have the identical residential characteristics.
WHEREAS, the City Council does further find and determine that the request for
a variance of the front landscape setback should be approved for the following reasons:
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1. The variance pertaining to the minimum landscaped setback requirements is
hereby approved because strict application of the Zoning Code would deprive the property of
privileges enjoyed by other properties under identical zoning classification in the vicinity
because this property is surrounded on three sides by a mobile home park with an existing
setback of 20 feet, therefore an increased setback for this property would be uncharacteristic for
this area and deter from the streetscape aesthetics.
2. The approval of the requested variance would create a consistent setback with
adjacent properties that have the identical zoning classification. There are also special
circumstances with respect to the property's size and depth in relation to other "T" zoned
properties in the immediate vicinity which are generally much larger than the property in
question.
WHEREAS, the City Council has reviewed the proposal and does hereby find that
the Negative Declaration is adequate to serve as the required environmental documentation in
connection with this request upon finding that the declaration reflects the independent judgment
of the lead agency and that it has considered the 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 that the project will have a
significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the City Council, for the reasons
hereinabove specified, does hereby grant the amendment to Conditional Use Permit No. 767 to
permit the construction of 14 manufactured homes on a one (1) acre parcel that is adjacent to and
proposed to be operated in conjunction with the existing mobile home park and Variance No.
2010- 04820 to allow a smaller front yard setback than permitted by code.
BE IT FURTHER RESOLVED that the City Council does hereby amend and
restate the conditions of approval adopted in connection with Resolution No. 1807- Series 1965-
66, approving Conditional Use Permit No. 767, to read as stated in Exhibit "B" attached hereto
and incorporated herein by this reference, which conditions are hereby found to be a necessary
prerequisite to the proposed use of the subject property 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 of the Anaheim
Municipal Code. Timing for compliance with conditions of approval may be amended by the
Planning Director upon a showing of good cause provided (i) equivalent timing is established
that satisfies the original intent and purpose of the condition(s), (ii) the modification complies
with the Anaheim Municipal Code, and (iii) the applicant has demonstrated significant progress
toward establishment of the use or approved development.
BE IT FURTHER RESOLVED that, except as expressly amended herein,
Resolution No. No. 1807- Series 1965 -66 shall remain if full force and effect.
BE IT FURTHER RESOLVED that the amendment to Conditional Use Permit
No. 767 is hereby approved subject to the approval of Zoning Code Amendment No 2010 -00091
and Reclassification No. 2010- 00239, now pending.
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BE IT FURTHER RESOLVED, that any amendment, modification or revocation
of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Anaheim
Municipal Code.
BE IT FURTHER RESOLVED that the City Council 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 conditions, 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.
BE IT FURTHER RESOLVED that approval of this application constitutes
approval of the proposed request only to the extent that it complies with the Anaheim Zoning
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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice. Failure to pay all charges shall result in the revocation of the
approval of this application.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 26thday of October , 2010, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CITY OF ANAHEIM
By:
MAYOR OF TH CI OF ANAHEIM
..
ATTEST:
CITY CLERK OF TH C Y 0 ANAHEIM
79700.v 1 /MGordon
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EXHIBIT "A"
DEV2010 -00067
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Fee Sou rce: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +1- two to five feet.
10986
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 767A
(DEV2010- 00067)
SIGNED
NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY
PRIOR TO THE ISSUANCE OF A BUILDING PERMIT
1 The Grading Plan and Water Quality Management Plan Public Works —
shall be submitted to and approved by the City Engineer Development
Services
2 The Sewer Study (i.e. OTH2O10- 00542) must be Public Works —
approved by the City Engineer to determine sanitary Development
sewer connection location and whether construction of Services
downstream sewer improvements are required for the
project or the Sewer Impact Fee (West Area) will be
paid.
3 That prior to the issuance of a building permit, plans Planning Division
shall be submitted showing conformance with the
current version of Engineering Standard Details 436
and 470 pertaining to parking standards. Subject
property shall thereupon be developed and maintained
in conformance with said plans.
4 Building permits will be required for the foundation Building Division
system and anchorage of the proposed manufactured
homes. The foundations are to be engineered by a
California licensed Civil /Structural Engineer. As an
alternative to the engineered foundation system. A
State approved foundation system and anchorage may
be submitted.
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5 That sixty (60) days prior to issuance of a demolition planning Division
permit, a "Notice of Intent to Demolish" application
shall be filed with the Anaheim Building Division
noting the intent to demolish the single - family
residential structure at 147 South Beach Boulevard
(originally constructed c. 1855). Once the application
is received, it will be forwarded immediately to the
Historic Preservation program staff as well as
appropriate organizations and interested individuals.
Further, sixty days prior to issuance of a demolition
permit, the property shall be posted with a prominent
"Notice of Intent to Demolish" sign on the property
(the City may assist with this action).
The structure shall be offered to any interested parties
within the 60 day period in order to develop a plan to
preserve the structure either on -site or at an appropriate
new location. If no alternative is identified as being
acceptable to the permit applicant after the sixty day
notice period expires, or such longer period as agreed
to by the applicant, a demolition permit may be issued.
PRIOR TO COMMENCEMENT OF BUILDING ACTIVITY
6 Prior to commencement of installation of Fire Department
manufactured structures, fire hydrants shall be
installed and charged as required and approved by the
Fire Department.
7 An all- weather access road as approved by the Fire Fire Department
Department shall be provided during construction.
8 Fire hydrants shall meet minimum Fire Department Fire Department
Specifications and Requirements for spacing, distance
to structure and available fire flow.
9 Emergency vehicular access shall be provided and Fire Department
maintained in accordance with Fire Department
Specifications and Requirements.
10 A private water system with separate water service for Public Utilities -
fire protection and domestic water shall be provided. Water
11 All requests for new water services or fire lines, as Public Utilities -
well as any modification, relocations, or abandonments Water
of existing water services and fire lines, shall be
coordinated through Water Engineering Division of the
Anaheim Public Utilities Department.
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12 All backflow equipment shall be located above ground Public Utilities -
outside of the street setback area in a manner fully Water
screened from all public streets and alleys. Any
backflow assemblies currently installed in a vault shall
be brought up to current standards. Said information
shall be shown on plans and approved by Water
Engineering and the Cross Connection Control
Inspector before submittal for building permits.
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13 The property owner /developer shall:submit the Final As- Public Works —
Graded Grading Plan and demonstrate that all structural Development
BMPs described in the Project WQMP have been Services
constructed and installed in conformance with approved
plans and specifications.
14 Address numbers shall be positioned so as to be Police
readily readable from the street. Numbers should be
illuminated during hours of darkness.
15 All exterior doors to have adequate security hardware, Police
e.g. deadbolt locks.
16 The locks shall be so constructed that both the Police
deadbolt and deadlocking latch can be retracted by a
single action of the inside doorknob /lever /turn piece.
17 Landscaping shall be of the type and situated in Police
locations to maximize observation while providing the
desired degree of aesthetics. Security planting
materials are encouraged along fence and property
lines and under vulnerable windows.
18 Trees should not be planted close enough to the Police
structure to allow easy access to the roof, or should be
kept trimmed to make climbing difficult.
19 On going during project operation, no parking areas shall Code Enforcement
be fenced or otherwise enclosed for outdoor storage
purposes.
20 Implementation of this conditional use permit is Planning Division
contingent upon City Council adoption of an ordinance
finalizing Reclassification No. 2010 - 00239, reclassifying
subject property from the T Zone to the T (MHP) Zone
and Zoning Code Amendment No. 2010 -00091 allowing
"manufactured homes" as a permitted use within the
MHP Overlay zone.
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21 The applicant shall defend, indemnify and hold harmless Planning
the City and its agents, officials, officers, employees, city
council, planning commission and their members from
any claim, action or proceeding against any of the
foregoing individuals or entities, the purpose of such
litigation being to attack, set aside, void or annul this
resolution or any approval of the application or related
decisions, or the adoption of any environmental
documents or the Negative Declaration prepared in
conjunction with this request, which in any way relate to
the approval of the proposed actions. Alternatively, at
the City's election, the City may choose to defend itself
from any claim, action or proceeding to attack, set aside,
void or annul this resolution or any approval of the
application or related decisions, or the adoption of any
environmental documents or the Negative Declaration
prepared in conjunction with this request with counsel of
its choosing, in which case, the applicant shall reimburse
the City for all of its costs, including attorney fees,
arising from such claim, action or proceeding. The
obligations set forth in this condition include the
obligation to indemnify or reimburse the City for any
attorney fees or monetary judgments that the City
becomes obligated to pay as a result of any claim, action
or proceeding within the scope of this condition. The
City shall promptly notify the applicant of any claim,
action or proceeding within the scope of this condition
and the City shall cooperate in the defense of any such
claim or action.
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