RES-2007-009RESOLUTION NO. 2007 -009
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 2006 -05109
(3530 3540 EAST LA PALMA AVENUE).
WHEREAS, the City Planning Commission of the City of Anaheim did receive an
application for a conditional use permit with a waiver of certain provisions of the Anaheim
Municipal Code to permit a 312 -unit single family attached condominium project with 39
live /work units upon certain real property located within the City of Anaheim, County of Orange,
State of California, legally described as:
PARCEL A: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED
IN BOOK 28, PAGE 31 OF PARCEL MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
PARCEL B: AN EASEMENT FOR RAILROAD AND INCIDENTAL
PURPOSES OVER THAT PORTION OF LOT 2 IN SECTION 5,
TOWNSHIP 4 SOUTH, RANGE 9 WEST, SAN BERNARDINO
MERIDIAN, AS SHOWN ON A MAP WILED IN BOOK 1, PAGE 29 OF
RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA, CONTIGUOUS
TO THE HEREINABOVE DESCRIBED PARCEL A, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT IN THE SOUTHERLY LINE OF ABOVE
SAID PARCEL A WITH ITS INTERSECTION WITH A LINE
PARALLEL WITH AND 15.00 FEET WESTERLY, MEASURED AT
RIGHT ANGLES FROM THE WESTERLY LINE OF THE 100.00 -FOOT
RIGHT -OF -WAY OF THE ATCHISON, TOPEKA AND SANTA FE
RAILROAD COMPANY, AS RECORDED JULY 11, 1887; THENCE
ALONG LAST SAID SOUTHERLY LINE, SOUTH 73° 59' 41" EAST
15.00 FEET TO SAID WESTERLY LINE; THENCE ALONG SAID
WESTERLY LINE, SOUTH 16° 00' 19" WEST 120.11 FEET TO ITS
INTERSECTION WITH A NON TANGENT CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 483.34 FEET, SAID
CURVE BEING TANGENT AT ITS NORTHERLY TERMINUS WITH
LAST SAID PARALLEL LINE, A RADIAL LINE OF SAID CURVE
THROUGH SAID POINT BEARS NORTH 88° 13' 57" WEST; THENCE
NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 14° 14' 16" AN ARC DISTANCE OF 121.35 FEET TO THE
POINT OF BEGINNING; and
WHEREAS, the City Planning Commission did hold a public hearing upon said
application at the City Hall in the City of Anaheim, notices of which public hearing were duly
given as required by law and the provisions of Title 18, Chapter 18.60 of the Anaheim Municipal
Code; and
WHEREAS, said Commission, after due inspection, investigation and studies
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. PC2006 -86 approving Conditional Use Permit No.
2006 05109; and
WHEREAS, thereafter, within the time prescribed by law, an interested party or
the City Council, on its own motion, caused the review of said Planning Commission action at a
duly noticed public hearing; and
WHEREAS, at the time and place fixed for said public hearing, the City Council
did duly hold and conduct such hearing and did give all persons interested therein an opportunity
to be heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful consideration of the
recommendations of the City Planning Commission and all evidence and reports offered at said
hearing, that:
1. The proposed use is properly one for which a conditional use permit is authorized
by the Anaheim Municipal Code.
2. The proposed use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located.
3. The size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area nor to the
peace, health, safety and general welfare.
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.
5. The granting of the 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.
AND WHEREAS, the City Council does further find, after careful consideration
of the action of the City Planning Commission and all evidence and reports offered at said public
hearing before the City Council regarding said requested waiver(s), that all of the conditions set
forth in Section 18.74.060 of the Anaheim Municipal Code are present and that said waiver(s)
should be granted, for the following reasons:
1. That there are special circumstances applicable to the property, including size,
shape, topography, location or surroundings, which do not apply to other property under identical
zoning classification in the vicinity.
2. That, because of special circumstances shown in (1) above, strict application of
the zoning code deprives the property of privileges enjoyed by other property under identical
zoning classification in the vicinity.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim that, for the reasons hereinabove stated, the action of the City Planning Commission
granting said conditional use permit be, and the same is hereby, affirmed and that Conditional
Use Permit No. 2006 -05109 be, and the same is hereby, granted permitting a 312 -unit single
family attached condominium project with 39 live /work units on the hereinabove described real
property with a waiver of the following provisions of the Anaheim Municipal Code:
(a) SECTION NO. 18.40.060.030 Improvement of private street. (56 -foot wide street
with sidewalks and parkways on both sides
required; 60 -foot wide street with no sidewalk on
one side proposed).
(b) SECTION NO. 18.40.090
(c) SECTION NO. 18.46.010.030 Maximum wall height. (Deleted).
subject to the following conditions:
Sound attenuation for residential developments. (65
dB CNEL required for recreational areas; 74 dB
CNEL proposed).
1. That all existing driveway approaches on La Palma Avenue shall be removed and
replaced with curb, gutter, parkway landscaping, and sidewalk. A Right -of -Way Construction
Permit shall be obtained from the Public Works Department. Said information shall be
specifically shown on plans submitted for building permits.
2. That prior to issuance of a grading permit, the applicant shall submit to the Public
Works Department Development Services Division for review and approval a Water Quality
Management Plan that:
Addresses Site Design Best Management Practices (BMPs) such as
minimizing impervious areas, maximizing permeability, minimizing
directly connected impervious areas, creating reduced or "zero discharge"
areas, and conserving natural areas.
Incorporates the applicable Routine Source Control BMPs as defined in
the Drainage Area Management Plan.
Incorporates Treatment Control BMPs as defined in the DAMP.
Describes the long -term operation and maintenance requirements for the
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Treatment Control BMPs.
Identifies the entity that will be responsible for long -term operation and
maintenance of the Treatment Control BMPs, and
Describes the mechanism for funding the long -term operation and
maintenance of the Treatment Control BMPs.
3. That prior to issuance of a certificate of occupancy, the applicant shall:
Demonstrate that all structural BMPs described in the Project WQMP have
been constructed and installed in conformance with approved plans and
specifications.
Demonstrate that the applicant is prepared to implement all non structural
BMPs described in the Project WQMP.
Demonstrate that an adequate number of copies of the approved Project
WQMP are available onsite.
Submit for review and approval by the City an Operation and Maintenance
Plan for all structural BMPs.
4. That all driveways shall be constructed with ten (10) foot radius curb returns as
required by the City Engineer in conformance with Engineering Standard No. 115. Said
information shall be specifically shown on plans submitted for building permits.
5. That gates shall not be installed across the driveway in a manner which may
adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall
conform to Engineering Standard Plan No. 475 and shall be subject to the review and approval of
the Planning Services Division prior to issuance of a building permit.
6. That the developer shall remove and/or relocate any traffic signal equipment or
any other related item to the traffic signal if the project requires street widening or modification
of any driveways.
7. That plans shall be submitted to the City Traffic and Transportation Manager for
his review and approval in conformance with the Engineering Standard No. 115 pertaining to
sight distance visibility for the sign or wall /fence locations.
8. That plans shall be submitted to the Planning Services Division for review and
approval showing conformance with the current version of Engineering Standard Plan Nos. 402B,
436 and 470 pertaining to parking standards and driveway locations. Subject property shall
thereupon be developed and maintained in conformance with said plans.
uses.
9. That no required parking area shall be fenced or otherwise enclosed for storage
10. That no compact parking spaces shall be permitted.
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11. That an on -site trash truck turn around area shall be provided per Engineering
Standard Detail No. 476 or an approved alternative, which shall be shown on plans as required by
the Department of Public Works, Sanitation Division. Said information shall be specifically
shown on plans submitted for building permits.
12. That trash storage areas shall be provided and maintained in a location acceptable
to the Public Works Department, Streets and Sanitation Division and in accordance with
approved plans on file with said Department. Said storage areas shall be designed, located and
screened so as not to be readily identifiable from adjacent streets or highways. The walls of the
storage areas shall be protected from graffiti opportunities by the use of plant materials such as
minimum 1- gallon size clinging vines planted on maximum 3 -foot centers or tall shrubbery. Said
information shall be specifically shown on the plans submitted for building permits.
13. 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.
14. That the locations for future above ground utility devices including, but not
limited to, electrical transformers, water backflow devices, gas, communications and cable
devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify
the specific screening treatments of each device (i.e. landscape screening, color of walls,
materials, identifiers, access points, etc.) and shall be subject to the review and approval of the
appropriate City departments.
15. That all requests for new water services or fire lines, as well as any modifications,
relocations, or abandonment of existing water services and fire lines, shall be coordinated
through the Water Engineering Division of the Anaheim Public Utilities Department. A
minimum of two (2) connections to public water mains shall be required. A minimum clearance
of ten (10) feet shall be provided between any sewer and water lines. Any water line shall be
located a minimum of five (5) feet from the curb line of the street. Water looping inside the
project shall be required.
16. That all existing water services and fire lines shall conform to current Water
Services Standards Specifications. Any water service and /or fire line that does not meet current
standards shall be upgraded if continued use is necessary or abandoned if the existing service is
no longer needed. The owner /developer shall be responsible for the costs to upgrade or to
abandon any water service or fire line.
17. That all backflow equipment shall be located above ground outside of the front
setback area in a manner fully screened from all public streets and alleys. Any backflow
assemblies currently installed in a vault shall be brought up to current standards. Any other large
water system equipment shall be installed to the satisfaction of the Water Engineering Division
outside of the front setback area in a manner fully screened from all public street and alleys. Said
information shall be specifically shown on plans and approved by Water Engineering and Cross
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Connection Control Inspector.
18. That since this project has landscaping area exceeding 2,500 square feet, a
separate irrigation meter shall be installed and comply with City Ordinance No. 5349 and Chapter
10.19 of Anaheim Municipal Code. Said information shall be specifically shown on plans
submitted for building permits.
19. That prior to submitting water improvement plans, the developer shall submit a
water system master plan, including a hydraulic distribution network analysis, for Public Utilities
Water Engineering review and approval. The master plan shall demonstrate the adequacy of the
proposed on -site water system to meet the project's water demand and fire protection
requirements.
20. That water improvement plans shall be submitted to the Water Engineering
Division for approval and a performance bond in the amount approved by the City Engineer and
in a form approved by the City Attorney shall be posted with the City of Anaheim.
21. That prior to rendering water service, the developer shall submit a set of
improvement plans for Public Utilities Water Engineering review and approval in determining the
conditions necessary for providing water service to the project.
22. That prior to application for water meters, fire line or submitting the water
improvement plans for approval, the developer /owner shall submit to the Public Utilities Water
Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour
water demands for the project. This information will be used to determine the adequacy of the
existing water system to provide the estimated water demands. Any off -site water system
improvements required to serve the project shall occur in accordance with Rule No. 15A.6 of the
Water Utility Rates, Rules and Regulations.
23. That the property owner /developer shall provide the City of Anaheim with a
public utilities easement to be determined as electrical design is completed.
24. That any required relocation of City electrical facilities shall be at the developer's
expense. Landscape and/or hardscape screening of all pad mounted equipment shall be required
and shall be shown on plans submitted for building permits.
25. That the entire property shall be permanently maintained in an orderly fashion by
providing regular landscape maintenance, removal of trash or debris, and removal of graffiti
within twenty -four (24) hours from time of discovery.
26. That any tree planted on site shall be replaced in a timely manner in the event that
it is removed, damaged, diseased and /or dead.
27. That if required by the Urban Forestry Division of the Community Services
Department, street trees shall be installed, by the property owner, within the public rights -of -way
adjacent to La Palma Avenue. The size, type and number of trees shall be provided to the
satisfaction of the Urban Forestry Division of the Community Services Department. Said
information shall be specifically shown on plans submitted for building permits.
28. That all air conditioning apparatus and other roof and ground- mounted equipment
shall be properly shielded from view and the sound buffered from adjacent residential properties
and the public right of -way. Such information shall be specifically shown on the plans submitted
for building permits.
29. That all dwelling units shall be assigned street addresses, and all private streets
shall be assigned street names, by the Planning Department.
30. That final landscape and fencing plans for the subject property shall be submitted
to the Planning Department for review and approval. Said plans shall show minimum 24 -inch
box size trees, shrubs, groundcover, and clinging vines to be planted in layers and shall also show
decorative hardscape treatment within the central courtyard area. The landscape material selected
shall be appropriate to the width of either the parkway or the planter area. Any decision made by
the Planning Department regarding said plan may be appealed to the Planning Commission. All
trees shall be properly and professionally maintained by the property owner to ensure mature,
healthy growth. Such information shall be specifically shown on the plans submitted for building
permits.
31. That the approval of Conditional Use Permit No. 2006 -05109 is hereby granted
subject to the approval of, and finalization of, Reclassification No. 2006 00179, now pending.
32. That the property owner shall submit a letter to the Planning Department
requesting termination of Conditional Use Permit No. 3689 (to permit an indoor volleyball
training center with waiver of minimum number of parking spaces).
33. That subject property shall be developed substantially in accordance with plans
and specifications submitted to the City of Anaheim by the applicant and which plans are on file
with the Planning Department marked Exhibit Nos. 1 through 26, and as conditioned herein.
34. That prior to issuance of a grading permit, or within a period of one (1) year from
the date of this resolution, whichever occurs first, Condition No. 2, above mentioned, shall be
complied with. Extensions for further time to complete said conditions may be granted in
accordance with Section 18.60.170.
35. That prior to issuance of a building permit, or within a period of one (1) year from
the date of this resolution, whichever occurs first, Condition Nos. 1, 4, 5, 6, 7, 8, 11, 12, 13, 14,
15, 17, 18, 20, 24, 27, 28, 29, 30, 31 and 32, above mentioned, shall be complied with.
Extensions for further time to complete said conditions may be granted in accordance with
Section 18.60.170 of the Anaheim Municipal Code.
36. That prior to final building and zoning inspections, Condition Nos. 3 and 33,
above mentioned, shall be complied with.
37. That approval of this application 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 approval of the request regarding any other applicable ordinance, regulation or
requirement.
38. That 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 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.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 9t day of January, 2007, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring
NOES:
NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST: `3
CIT THE CITY 0 AHEIM
64334.1
8
CITY O tNAHEIM
By
MAYOR OF THE OF ANAHEIM