Resolution-PC 2002-119•
RESOLUTION NO. PC2002-119
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04554 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:
PARCEL 2 AS SHOWN ON A MAP FILED IN BOOK 112, PAGE 2 OF PARCEL
MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,
CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on June 17, 2002 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 ("AMC"),
Chapter 18.03, to hear and consider evidence for and against said proposed reclassification and to
investigate and make findings and recommendations in connection therewith; and that the hearing was
continued to the July 29 and August 12, 2002 Planning Commission meetings; 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 the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.32.050.045 to wit: to construct a 32-unit attached residential
condominium subdivision in the RM-2400 (Residential, Multiple-Family) Zone with the following waivers:
(a) Sections 17.08.036 - Required improvements of private streets.
17.08.390 (Sidewalks required on both sides of private streets;
and 17.08.650 no continuous sidewalks proposed on the private street)
(b) Sections 18.04.043.100.101(a) - Maximum fence heiqht.
18.32.063.010.011 (3-foot hiqh fence permitted in minimum 20-foot building
and 18.32.064.070 setback adjacent to an arterial highway;
6-foot hiqh wall proposed with an 8-to 20-foot setback from
Euclid Street)
(c) Sections 18.06.040.020 - Minimum dimensions of parkinq spaces.
and 18.32.066.020
(d) Sections 18.06.050.010.012.0121 - Minimum number and tvpe of parkinq spaces.
and 18.32.066.010
(e) Section 18.32.063.010.011 - Minimum buildinQ setback.
(f) Section 18.32.065.020 - Minimum width of pedestrian access-wavs.
(8-foot wide access-ways required;
4-foot wide sidewalks proposed)
2. That this proposal is approved, in part, for a 32-unit attached residential condominium
project in the RM-2400 Zone; that the original proposal was for a 36-unit project but revised plans were
submitted eliminating waivers (c), (d) and (e) (minimum dimension of parking spaces, minimum number
and type of parking spaces, and minimum building setback) and reducing the number of units to 32,
thereby decreasing the density (number of units per acre) from 15.1 units/acre to 13.4 units/acre and
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increasing the land area per unit from 2,879 to 3,240 square feet, and waiver (b) (maximum fence height)
was denied; and, as a result, the project complies with all RM-3000 Zone and all RM-2400 Zone
development standards (Chapters 18.31 and 18.32 of the AMC) except for waiver (f) (minimum width of
pedestrian access-ways).
3. That waiver (a), required improvements of private streets, is hereby approved on the
basis that a special circumstance applies to this proposal at this location because the existing private
street standards were not intended for attached condominium residential developments, but rather for
detached single-family dwelling units, and that the proposed plans provide adequate pedestrian access
from individual dwelling units to the public right-of-way (Euclid Street).
4. That waiver (b), maximum fence height, is hereby denied on the basis that the property is
large and rectangularly-shaped with opportunities to comply with the development standards for
maximum fence heights; that a high fence would detract from the design of the project and its
appearance from Euclid Street; 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 viciniry.
5. That waivers (c), (d) and (e) (minimum dimensions of parking spaces, minimum number
and type of parking spaces, and minimum building setback) are hereby denied because they were
deleted in connection with the submittal of revised plans.
6. That waiver (f), minimum width of pedestrian access-ways, is hereby approved on the
basis that the required minimum width is intended for higher density apartment units where residents
share access-ways in order to reach their individual dwelling units, but that the project design provides
- - indiv~dual access=ways for-pedestriarts walking-to spes+fic dwelling u~its. _ _
7. That 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.
8. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare.
9. 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.
10. That granting 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.
11. That no one indicated their presence at the public hearing 9n opposition to the proposal;
and thai no corresaondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to construct a 32-unit, RM-2400-zoned attached
residential condominium subdivision with waivers of required improvements of private streets, maximum
fence height, minimum dimensions of parking spaces, minimum number and type of parking spaces,
minimum building setback and minimum width of pedestrian access-ways on a rectangularly-shaped
2.38-acre property having a frontage of 286 feet on the east side of Euclid Street and a maximum depth
of 363 feet, being located 280 feet north of the centerline of La Palma Avenue, and further described as
1126 North Euclid 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.
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
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 minimum twenty four (24) inch box sized Tipu street trees on
maximum thirty (30) foot centers in the parkway or in tree wells (minimum fifty two (52) inches
square, each) in the public right-of-way along Euclid Street. Said information shall be specifically
shown on plans submitted to the Community Services Department for review and approval.
2. That decorative bollards or other effective decorative barriers acceptable to the Zoning Division and
the Community Services Division of the Police Department, shall be constructed along the perimeter
of the common recreation areas. Said information shall be specifically shown on the plans submitted
for building permits.
3. That plans shalf be submitted to the City Traffic and Transportation Manager for review and approval
specifying how the vehicle security gates and vehicle turn-around area will function. Said
information shall be specifically shown on the plans submitted for building permits.
4. That the property owner/developer shall install street lights on Euclid Street as required by the
Electrical Engineering Division. A bond for installation of the street lights shall be posted with the
City of Anaheim prior to issuance of building permits; and the street lights shall be installed prior to
occupancy of the first dwelling unit.
- - S. That the tacation(s} #or #rttuFe above-gFO~~d-~~ility-device(s)-including, bui n_ ot limited to, electricaf
transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown
on the plans submitted for building permits. Said plans shall also identify the specific screening
treatment of each device (i.e., landscape screening, color of walls, materials, identifiers, access
points, etc.); and the plans shall be subject to review and approval by the appropriate City
departments.
6. That all backflow equipment shall be located above ground and outside the street setback area in a
manner fully screened from all public streets. Any backflow assemblies currently installed in vaults
shall be brought up to current standards. Any other large water system equipment shall be installed
to the satisfaction of the Water Engineering Division in either underground vaults or outside the
street setback area in a manner fully screened from all public streets and alleys. Said information
shall be specifically shown on plans which are submitted to the Water Engineering and Cross
Connection Control Inspector for review and approval prior to submittal of building permits.
7. That because this project has landscaping areas exceeding two thousand five hundred (2,500)
square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19
"Landscape Water Efficienc~' of the Anaheim Municipal Code and Ordinance ~lo. 5349. Said
information shall be specifically shown on plans submitted for building permits.
8. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved pians on file
with said Department. Said information shall be specifically shown on the plans submitted for
building permits (which plans will be reviewed and approved by the Planning Department and the
Streets and Sanitation Division).
9. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to
the Streets and Sanitation Division for review and approval.
10. That an on-site trash truck turn-around area shall be provided in compliance with Engineering
Standard Detail No. 610, and maintained to the satisfaction of the Streets and Sanitation Division.
Said turn-around area shall be specifically shown on the plans submitted for building permits.
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11. 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 the approved plans.
12. That all air conditioning facilities and other ground-mounted equipment shall be properly shielded
from view and the sound buffered from adjacent residential properties. Said information shall be
specifically shown on the plans submitted for building permits.
13. That alt plumbing and other similar pipes and fixtures located on the exterior of any building 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.
14. 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 gra~ti within twenty
four (24) hours from time of occurrence.
15. That clothes washer and dryer hookups shall be incorporated into each condominium dwelling unit;
and that such hookups shall be spcifically shown on the plans submitted for building permits.
16. That final landscaping and irrigation plans for subject property shall be submitted to the Zoning
Division for review and approval. Said landscaping plans shall show that a minimum of fourteen
(14), thirty six (36) inch box sized trees, shrubs, groundcover and vines shall be planted in `layers'
adjacent to the screen wall facing Euclid Street. Any decision made by the Zoning Division
regarding said landscaping plan may be appealed to the Planning Commission and/or City Council.
Atl tr~es and other ptarrts shalE be prope~4y a~d-pKOf~ssionalGy maintained by the _Homeowner's _
Association to ensure mature, healthy growth. (A Homeowner's Association is required in
connection with the final map for Tract No. 16371, which was processed concurrently with this
conditional use permit.)
17. That final building plans, exterior elevation plans, and a colors and materials board for subject
project shall be submitted to the Zoning Division for review and approval. Any decision made by the
Zoning Division regarding said plans may be appealed to the Planning Commission and/or City
Council.
18. That this conditional use permit is granted subject to adoption of a zoning ordinance in connection
with Reclassification No. 2001-00075 and recordation of a final map in connection with Tentative
Tract Map No. 16371.
19. (a) That any required relocation of City electrical facilities shall be at the developer's expense.
~b1 That landscaping and/or hardscape screening of all pad-mounted equipment shall be required
and shall be shown on the plans submitted for building permits.
20. That prior to application for water meters or a fire line, or prior to 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 comply with Rule No. 15A.6 of the Water Utility Rates, Rules and Regufations.
21. That prior to rendering water service, the developer/owner shall submit a set of improvement plans
for Public Utilities Water Engineering Division review and approval to determine the conditions
necessary for providing water service to the project.
22. That prior to final building and zoning inspections, the developer shall construct a five (5) foot wide
sidewalk adjacent to the right-of-way line along Euclid Street, in conformance to Public Works
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Standard Detail No. 110-E; and that landscaping and irrigation facifities, as approved by the Parks
Division of the Community Services Department, shall be installed between the sidewalk and the
curb. Prior to issuance of a building permit, said information shall be specifically shown on plans
submitted for Public Works Department, Development Services Division, approval.
23. 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 cost to upgrade or to abandon any water service or fire
line.
24. 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 and 601 /602
pertaining to parking standards and driveway locations. Subject property shall thereupon be developed
and maintained in conformance with the approved plans.
25. That the driveway on Euclid Street shall be a maximum thirty (30) feet wide, and shall be constructed
with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering ~
Standard No. 137. Said information shall be specifically shown on the plans submitted for building
permits.
26. That no required parking area shalt be fenced or otherwise enclosed for outdoor storage uses.
27. Proposed Condition No. 27 was infentionally deleted at the Planning Commission public hearing (and
- added-to the Tenfative-Fract Map Alo. 16371). -- _ _
28. Proposed Condition No. 28 was intentionally deleted at the Planning Commission public hearing (and
added to the Tentative Tract Map No. 16371).
29. That all residential condominium units shall be assigned street addresses approved by the Building
Division.
30. That the property owner shall submit a letter to the Zoning Division requesting termination of
Variance Nos. 153 (to construct an addition to a building) and 1118 (to expand an industrial laundry
and linen supply).
31. 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 Revision No. 1 of Exhibit Nos. 1 through 8(dated August 6, 2002), and as
conditioned herein.
32. That prior to issuance of a building permit or within a period of one (1) year from the dafe of this
resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17,
18, 19(b), 22, 23, 24, 25, 29 and 30, above-mentioned, shall be complied with. Extensions for
further time to complete said conditions may be granted in accordance with Section 18.03.090 of the
Anaheim Municipal Code.
33. That prior to final building and zoning inspections, Condition Nos. 4, 22 and 31, above-mentioned,
shall be complied with.
34. 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.
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BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
August 12, 2002.
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CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
a~~~Iiw LBZ-_ ~iC/YYC/'~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby
certify that-(except #or deniaf-of waiveF (b} per~ai~ing-to-~axir~uKn-fence height) the_ foregoing_ resolution
was passed and adopted at a meeting of the Anaheim City Planning Commission held on August 12,
2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BRISTOL, EASTMAN, KOOS, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN, VANDERBILT
Waiver (b) pertaining to maximum fence height was denied by the following vote of the Planning Commission
members:
AYES: COMMISSIONERS: BOSTWICK, KOOS, ROMERO
NOES: COMMISSIONERS: BRISTOL, EASTMAN
ABSENT: COMMISSIONERS: BOYDSTUN, VANDERBILT
iN WiTNESS WFIEREOF, i have hereunto set my hand this ~-(o ~ day of
~ , 2002.
~~~~_ ,~~lM2Rv~~C~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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