Resolution-PC 2003-1• ~
RESOLUTION NO. PC2003-1
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04627 BE GRANTED
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:
THE; NORTH 300 FEET OF THE EAST 11.71 ACRES OF THE WEST HALF OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23,
TOWNSHIP 4 SOUTH, RANGE 11 WEST, tN THE RANCHO LOS COYOTES, AS
SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on November 18, 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, 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 that said public hearing was continued to
the January 13, 2003 Planning Commission 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
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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 18.31.050.090, to wit: to construct a 21-unit detached one-family
residential condominium subdivision with waivers of the following:
(a) Sections 17.08.065.020 - Minimum private street standards.
18.04.080.050 (45-foot street width required includinq sidewalks on both sides;
and 18.31.100 41-foot street width proposed, and no sidewalk pro~osed on the
south side of Unit Nos. 18 and 19)
(b) Sections 18.04.043.101(a) - Maximum fence heiQht.
18.31.063.010.011 (3-foot hiqh fence permitted in the front 20-foot setback along
and 18.31.064.070 Secondary Arterial Highways;
6-foot hiQh block walf proposed 7 feet from Ball Road)
(c) Section 18.31.062.010.012 - Maximum structural heiqht adiacent to a sinqle-familv residential
zone.
(1-StON permitted within 50 feet of single-family residential zoning;
2-stories proposed setback 10.4 feet to 19.5 feet from RS-7200
zoning to the south and west)
(d) Section 18.31.063.011 - Minimum structural setback abuttinq an arterial hiqhwav.
(averaqe 20-foot wide setback [minimum 15 feet] required;
7-foot setback proposed between a 6-foot high block wall and Ball
Road, and 12-foot setback proposed between detached dwellings
and Ball Road)
(e) Sections 18.31.063.020.021 - Minimum distance between buildinQS walls.
18.31.063.020.022 (11 feet required; 9-10 feet proposed)
and 18.31.063.020.023
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(f) Section 18.31.063.024 - Minimum landscaped setback adiacent to a sinqie-family residential
zone.
(20-foot landscaped setback required, including one tree planted
every 20 lineal feet for a total of at least 33 trees;
10.4 to 19.5-foot landscaped setback proposed adjacent to RS-
7200 zoning to the south and west with a total of 33 trees)
2. That waiver (a), minimum private street standards, is hereby approved because the Public
Works Department concurs that the proposed street width and design is adequate to serve the proposed
development and there is no reasonable relationship between the required private street width and the
proposed 21-unit residential subdivision; and that proposed Unit Nos. 18 and 19 side towards the south and
no access taken from the south and, therefore, there is no reasonable relationship befinreen the need for the
required sidewalk improvement adjacent to said Units (Unit No. 18 faces east and Unit No. 19 faces west,
with access taken from the east and west where there are sidewalks).
3. That waivers (b), (c), (d), (e) and (f) (maximum fence height, maximum structural height
adjacent to a single-family residential zone, minimum structural setback abutting an arterial highway,
minimum distance between buildings walls and minimum landscaped setback adjacent to a single-family
residential zone) are hereby approved on the basis that there are special circumstances applicabie to the
property consisting of its location and surroundings, which do not apply to other identically zoned properties
in the vicinity, because the adjacent zoning on two sides (to the south and west) is RS-7200 (Residential,
Single-Family) and the RM-3000 Zone standards under which the proposal will be developed were intended
for attached townhouse-style development but not the 'small-lot detached single-family' development which
is proposed; that the proposed development standards are comparable to the RS-5000 (Residential, Single
Famil-y) Zone where 2-sio .ry homes are permitted with similar setbacks adjacent to RS-7200 zoning; and_that
strict application of the Zoning Code would deprive this property of privileges enjoyed by other properties
developed with comparable small lot single-family developments, which properties have been granted similar
waivers.
4. That waiver (b), maximum fence height, pertains to four units (Nos. 1, 15, 16 and 21) which
side onto Ball Road; and that the proposed 6-foot block wall creates private 5-foot side yards which are
typical in single family developments.
5. That revised elevations were submitted by the petitioner showing that all the units along the
south and west property lines facing existing homes in the RS-7200 Zone are designed with small, highly
placed or opaque windows (except for one larger window as required for ingress-egress purposes) to
eliminate the possibility of visual intrusion towards the neighboring residences; and that the proposed
landscape plan indicates that the proposed trees, as required by Code, will further buffer the neighboring
residences to better accommodate their privacy.
6. 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;
7. 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.
8. That the size and shape of the site for the proposed use is adequate to allow full
development of 21 detached residential units in manner not detrimental to the surrounding residential
neighborhoods.
9. That the traffic generated by the proposed detached residential condominium subdivision 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, heath, safety and general welfare of the citizens of the City of Anaheim.
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11. That a'speaker card' was fiiled in at the public hearing on November 18, 2002 favoring the
proposal but the person left prior to the hearing being opened; and that two people spoke at the public
hearing on January 13, 2003 in favor of the proposal.
12. That four people spoke at the public hearing on November 18, 2002 with concerns or
opposition to the proposal (one person representing the West Anaheim Neighborhood Development Council
"WAND"); and that five people spoke at the public hearing on January 13, 2003 in opposition to the proposal
(two people representing WAND); that one concerned person filled in a`speaker card' but did not wish to
speak; and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to construct a 21-unit, 6-lot, detached one-family residential
condominium on a rectangularly-shaped parcel consisting of 2.5 acres having a frontage of 393 feet on the
south side of Ball Road and a depth of 270 feet, being located 140 feet east of the centerline of Oakhaven
Drive, and further described as 3302 West Ball Road, with waivers of minimum private street standards,
maximum fence height, maximum structural height adjacent to a single-family residential zone, minimum
structural setback abutting an arterial highway, minimum distance between buildings walls, and minimum
landscaped setback adjacent to a single-family residential zone; 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.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby_grant subject Petition for Conditional Use Permit, 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:
1. That the City of Anaheim sewer connection and sewer capacity mitigation fee for the West Anaheim
area shall be paid.
2. That all backflow equipment shall be located above ground outside the street setback area in a manner
fully screened from all public streets. 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, Public Utilities Department, in either underground vaults
or outside the street setback areas in a manner fully screened from all public streets. Said information
shall be shown on plans submitted to and approved by the Water Engineering Division and the Cross
Connection Control Inspector prior to submittal of plans for building permits.
3. 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
Efficiency' of the Anaheim Municipal Code and Ordinance No. 5349. Said information shall be shown
on the plans submitted for building permits.
4. 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, Public Utilities Department.
5. That gates shall not be installed across any driveway or private street 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. Said information shall be specifically shown on plans submitted for building
permits.
6. That an on-site trash truck turn-around area shall be provided in accordance with Engineering Standard
Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and
Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building
permits.
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7. That trash storage areas shall be provided and maintained in locations acceptable to the Pubiic Works
Department, Streets and Sanitation Division, and in accordance with approved plans on file with said
Department. A plan shall be submitted to the Streets and Sanitation Division showing the storage and
collection areas for three (3) automated trash barrels for each residential unit, for a total of sixty three
(63) barrels for this residential subdivision.
8. That prior to application for water meters or fire lines or prior to submitting the water improvement pfans
for approval, the developer/property owner shall submit an estimate of the maximum fire flow rate and
maximum day and peak hour water demands for the project to the Water Engineering Division, Public
Utilities Department. 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.
9. That the property owner/developer shall install street lights on Ball Road and within the project as
required by the Electrical Engineering Division, Public Utilities Department. A bond to guarantee
installation of the street lights shall be posted with the City of Anaheim prior to issuance of building
permits. The street lights shall be installed prior to occupancy.
10. That the locations for future above-ground utiliry 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. Said plans shall also identify the specific screening treatment
of each device (i.e., landscape screening, color of walls, materials, identifiers, access points, etc.). The
~lans shall be subject to review and approval by the appropriate City departments.
11. 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 the
plans submitted for building permits.
12. 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 submitted and approved plans.
13. That prior to rendering water service, the developer/owner shall submit a set of improvement plans for
review and approval by the Water Engineering Division, Public Utilities Department, to determine the
conditions necessary for providing water service to the project.
14. That the streets, sanitary sewers and storm drains within this development shall be privately
maintained.
15. 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.
16. 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.
17. 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 twenry four (24}
hours from time of occurrence.
18. That clothes washer and dryer hookups shall be incorporated into each residential condominium
dwelfing unit and shall be shown on the plans submitted for building permits.
19. That this Conditional Use Permit is granted subject to approval of Tentative Tract Map No. 16430, now
pending, and recordation of the Final Map.
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20. 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 No. 1, Revision 1 of Exhibit Nos. 2, 3, 4, 5, 6 and 7, Exhibit Nos. 4-A and 5-
A, and Exhibit No. 8; and as conditioned herein.
21. That final elevation plans showing additional architectural enhancements to the dwelling elevations
facing Ball Road shall be submitted to the Zoning Division for review and approval. Any decision by the
Zoning Division may be appealed to the Planning Commission or City Council.
22. 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, 5, 6, 7, 9, 10, 11, 12, 15, 16, 18, 19, 21 and
27, herein-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.
23. That prior to final building and zoning inspections, Condition Nos. 9 and 20, above-mentioned, shall be
complied with.
24. 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.
25. That all required trees including those which will screen the proposed residences from adjacent single-
family homes shall be professionally maintained by the Homeowners Association.
26. That all obscure window glass used to provide privacy for the single family residences to the south and
west, shall be maintained and shall not replaced with non-obscure glass.
27. That a decorative six (6) foot high block wall shall be constructed along the perimeter of the project site;
provided, however, that the block wall addressed in waiver (b), maximum fence height, shall be setback
seven (7) feet from Ball Road. The block wall shall be designed to provide the maximum possible
privacy to the existing single family residences to the south and west. The height of the wall shall be
measured from the highest finished adjacent grade (i.e., as measured on whichever side of the block
wall has the highest finished grade). Said information shall be specifically shown on the plans
submitted for building permits.
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 cou~t 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
January 13, 2003.
CHAI ERSON, ANA IM CITY LANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission
held on January 13, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this Z. 8~ day of
o~r~u a.r_~, 2003.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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