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Resolution-PC 2001-100• RESOLUTION NO. PC2001-100 • A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04430 BE GRANTED, IN PART 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: LOT 25 OF TRACT 255, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, CALIFORNIA AS PER MAP RECORDED WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 30, 2001 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 the hearing was continued from the Jul~ 16, 2001 meeting; and WHEREAS, said 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, does find and determine the following facts: - 1. That ~he-prQposed use is pFOperly one fa~ which a conditional-use permit is authorized by Anaheim Municipal Code Section 18.31.050.090 to establish a one-lot condominium subdivision to construct 3 detached condominium residences with waivers of the following: (i) Section Nos. 18.04.043.101(a) - Maximum fence heiqht within the reQUired setback area 18.31.063.010.012 adjacent to a local street. and 18.31.064.070 - (3-foot hiqh fence permitted within the 15-foot setback from Coffman Street; 6-foot high fence/walls proposed at 8-foot setback) (ii) Section No. 18.31.062.012 - Maximum structural height. (1-storv permitted within 50 feet of a sinqle-family residential zone; 2-stOry detached condominium residences proposed 21 to 42 feet from adjacent RS-7200 Zoning to the south and west) (iii) Section No. 18.31.063.024 - Required landscaped setback adiacent to a single-family zone. (20-foot wide landscaped setback required adjacent to single family residences in the RS-7200 Zone; 3-feet proposed along the southerly 20 feet of the west prgp~rty lir~~) 2. That waiver (i), maximum fence height within the required setback area adjacent to a local street, is hereby denied on the basis that there are no special circumstances applicable to the property such as size shape, topography, location or surroundings, which do not apply to other identically zoned properties in the vicinity; and that strict application of the Zoning Code does not deprive the property of privileges enjoyed by other properties under identical zoning classification in the vicinity. CR5147PK.doc -1- PC2001-100 • • 3. That waivers (ii) and (iii), maximum structural height and required landscaped setback adjacent to a single-family zone, are hereby approved on the basis that there are special circumstances applicable to the property consisting of narrow frontage relative to the parcel size and depth, which do not apply to other identically zoned properties in the vicinity; and that the RS-7200 zoned property to the south is developed with three multiple-family units and should, therefore, not be considered a single- family zoned development for the purpose of determining maximum permitted structural height and minimum landscaped setback on the subject property. 4. That waiver (iii), required landscaped setback adjacent to a single-family zone, is further approved on the basis that the proposed landscaped setback along the west property line ranges in depth from 3 feet (along the southerly 20 feet where two parking spaces are proposed) to 36 feet, which results in a total landscaped area (1,276 sq.ft.) similar to the Code requirement (20 feet x 61 feet = 1,220 sq.ft.). 5. That the proposed use, a detached residential condominium subdivision, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 6. That the size and shape of the site for the proposed detached condominium subdivision is adequate to allow full development of three detached dwelling units in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 7. That 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 granting 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 at the public hearing expressed concerns regarding the proposal; that no one indicated their presence in opposition; and that a letter was received with concerns and suggestions regarding the proposal. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to establish a one-lot co~dominium subdivision to construct 3 detached condominium residences with waivers of maximum fence height within the required setback adjacent to a local street, maximum structural height and required landscaped setback adjacent to a single-family zone on a rectangularly-shaped 0.27-acre property having a frontage of 61 feet on the west side of Coffman Street and a depth of 194 feet, being located 430 feet north of the centerline of Center Street, and further described as 203 North Coffman Street; and does hereby approve the Negative Declaration 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. N(,~~(~( THFqFFQF~F gF IT RF$Q~~J~I~ that th~ Ar~~~~im (~itv Planni~~ ~Qmmi~gig~ does hereby grant subject Petition for Conditional Use Permit, in part, 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 welfare of the Citizens of the City of Anaheim: That the developer shall plant two (2), twenty four inch (24") box sized, Crape Myrtle trees equally spaced within the Coffman Street right-of-way. Said trees shall be planted in accordance with City of Anaheim Tree Planting Specification No. 5006. Said information shall be shown on the plans submitted for building permits. -2- PC2001-100 • . 2. 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. 609 and shall be subject to review and approval by the City Traffic and Transportation Manager prior to issuance of a building permit or, if proposed at a later date, prior to installation of such gates. 3. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the current versions of Engineering Standard Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 4. That roll-up garage doors shall be shown on the plans submitted for building permits. Said doors shall be installed and maintained as shown on submitted plans. 5. That no required parking area shall be fenced or othenrvise enclosed for storage or other outdoor uses. 6. That the property owner/developer shall install street lights on Coffman Street as required by the Electrical Engineering Division. Prior to issuance of building permits, a bond to guarantee the installation shall be posted with the City of Anaheim. The street lights shall be installed prior to occupancy. 7. That the property owner/developer shall submit a plan showing screened trash storage and - coNeetion areas €or three f 3) a~to~ated #Fash barcels #or-each unit (for a to#al of aine-E9_] barrels) to the Public Works Department, Streets and Sanitation Division, for review and approval. Said information shall be specifically shown on the plans submitted for building permits. 8. 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 the plans submitted for building permits. The plans shall also identify the specific screening treatment of each device (i.e., landscape screening, color of walls, materials, identiflers, access points, etc.) and shall be subject to review and approval by the appropriate City departments. 9. That all air conditioning facilities and other ground mounted equipment shall be properly shielded from view and the sound buffered from adjacent residential properties. Such information shall be specifically shown on the plans submitted for building permits. 10. That all plumbing or other similar pipes and fixtures located on the exterior of the buildings shall be fully screened by architectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits. 11. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty fni ir (2d1 hni irg fr~m ti~ne Qf Q~~urr~~l~e. , ..__. 12. That clothes washer and dryer hookups shall be incorporated into each condominium dwelling unit and shall be shown on the plans submitted for building permits. 13. That a Final Landscape and Irrigation Plan for subject property shall be submitted to the Zoning Division for review and approval. Said landscape plans shall show minimum finrenty four inch (24") box sized trees, the retention of the existing mature trees and the planting of two (2), twenty four inch (24") box sized Eucalyptus trees adjacent to the west property line. Any decision made by the Zoning Division regarding said plan may be appealed to the Planning Commission and/or City Council. -3- PC2001-100 • • 14. That lighting fixtures in any parking area adjacent to any residential property shall be down-lighted with a maximum height of twelve (12) feet. Said lighting fixtures shall be decorative and shall be directed away from adjacent residential property lines to protect the residential integrity of the area; and that this information shall be specified on the plans submitted for building permits. 15. That this conditional use permit is granted subject to adoption of a zoning ordinance in connection with Reclassification No. 2001-00053 and the recordation of Tentative Parcel Map No. 2001-157, now pending. 16. That the plans submitted for building permits shall indicate placement of bollards or other acceptable barrier between the open guest parking spaces and the landscaped area at the west (rear) property line. 17. That no windows or balconies shall be permitted on the west elevation of the detached condominium residence closest to the west property line. Said information shall be specifically shown on the plans submitted for building permits. 18. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 5, and as conditioned herein. 19. 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, 2, 3, 4, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16 and 17, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may b~ granted ir~- acEOrdanEe with Sectio~ 18.03.090 of tbe-Anaheim Municipal Code. 20. That prior to final building and zoning inspections, Condition No. 18, above-mentioned, shall be complied with. 21. 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. BE IT FURTHER RESOLVED that the Anaheim City 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 jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. July 30, 2001. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of ERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: /~ ~~.a.z. o~ae SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2001-100 . ~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Fernandes, Secretary of the Anaheim City Pianning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on July 30, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK N WITNESS WHEREOF, I have hereunto set my hand this ~ day of ~v , 2001. ~~v~.n._a~.~...CGe SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC2001-100