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Resolution-PC 2003-28i RESOLUTION NO. PC2003-28 • A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04635 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: THE WEST 150.00 FEET OF LOT 7 IN BLOCK 17 OF A SUBDIVISION OF THE SOUTH HALF OF SECTION 21, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1, PAGE 33 OF MISCELLANEOUS RECORD MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE NORTH 300.00 FEET THEREOF. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 13, 2003 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 February 10, 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 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 16-unit attached residential condominium subdivision in the RM-2400 (Residential, Multiple-Family) Zone with the following waivers of: (a) Sections 17.08.650 and 18.04.080.020 (b) Sections 18.06.050.010.012.0121 and 18.32.066.010 Minimum private street standards. Minimum number of reQUired parkina spaces. (c) Section 18.32.062.012 - Maximum structural heiqht within 150 feet of a sinqle-familv residential zone. (1-storv attached dwellinqs permitted within 150 feet of RS-7200 zoninA, provided that if there is no visual intrusion from the 2" storv. 2-storv attached dwellinqs permitted a minimum of 50 feet from RS-7200 zonina; 2-stories proposed 30 feet from RS-7200 zonina to the west and 24 feet from RS-7200 zoninQ to the north) (d) Section 18.32.080.010 - Maximum site coveraae. (e) Section 18.32.063.020.028 - Minimum landscaped setback abuttin4 sinqle-familv residential development. (20-foot wide fully landscaped setback required along the west and north property lines abutting RS-7200 zoning; none to 24 feet proposed between a trash truck turn-around and the north property line) (~ Section 18.32.080.020 Minimum reauired recreational leisure area. CR\asPC2003-028.doc -1- PC2003-28 • ~ 2. That waivers (a), (b), (d) and (~ (pertaining to minimum private street standards, minimum number of required parking spaces, maximum site coverage and minimum required recreational leisure area) are hereby denied because revised plans were submitted eliminating the need for said waivers. 3. That waivers (c) and (e) (pertaining to maximum structural height within 150 feet of a single- family residential zone and minimum landscaped setback abutting single-family residential development) are hereby approved based on the special circumstances applicable to this property consisting of its location (being surrounded on two sides by single family residential zones) and its shape (being long and narrow which makes compliance with single family zoned standards difficult), and which circumstances do not apply to other identically zoned properties in the vicinity; and that the revised plans demonstrate a less dense attached residential project which is more conducive to adjacent single family development, having less building mass and greater articulation. 4. That strict application of the Zoning Code would deprive the property of privileges enjoyed by other properties under identical zoning classification in the vicinity. 5. That the proposed use, as approved, 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 use, as approved, 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. 7. That the traf~ic generated by tkee pFOposed use; as-approvedr will_not..imp.ose. an_und.ue burden upon the streets and highways designed and improved to carry the traffic in the area. 8. That granting this conditional use permit, , as approved and under the conditions imposed, will noi q@ iiei~i~tl~liai i~ ii i8 N28~c, i ic^8~.~, ~G$@.~ u^~ ^y°nor4~ ;ynlf~~Q ~f #hP ~iti~Pn~ ~f the ~i#y of Anaheim. 9. That no one indicated their presence at the public hearing in opposition to the proposal; 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 16-unit attached residential condominium subdivision with waivers of minimum private street standards (deleted), minimum number of required parking spaces (deleted), maximum structural height within 150 feet of a single-family residential zone, maximum site coverage (deleted), minimum landscaped setback abutting single-family residential development 20-foot wide fully landscaped setback required; 0 to 24 feet proposed along the north property line and minimum required recreational leisure area (deleted) on a rectangularly-shaped 1.07-acre property having a frontage of 150 feet on the north side of Katella Avenue and a depth of 309 feet, being located 160 feet east of the centerline of Carnelian Street, and further described as 1597 West Katella Avenue; 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, in part (denying waivers (a), (b), (d) and (~), 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 finrenty four (24) inch box sized Liriodendron Tulipifera trees on forty (40) foot centers in the parkway. The minimum width of parkway tree wells shall be five (5) feet. The entire parkway shall be irrigated by a system supplied by the development; and that said information shall be shown on the plans submitted for building permits. -2- PC2003-28 • ~ 2. That gates shall not be instalied 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 that all driveways on Katella Avenue shall be constructed with ten (10) foot radius curb returns as required by City Engineering Standard 137. Said requirements shall be subject to the review and approval of the City Traffic and Transportation Manager. Said information shall be specifically shown on the plans submitted for building permits. 3. That an on-site trash truck turn-around area shall be provided in compliance with Engineering Standard Detail No. 610 and shall be maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on the plans submitted for building permits. 4. That the property owner/developer shall install street lights on Katella Avenue and within the project, as required by the Electrical Engineering Division of the Public Utilities Department. A bond for the 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. 5. That any required refocation 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. 6. That the location(s) 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. Such plans shall also identify the specific screening treatment of each device (i:e., tandscape screening~-color of wra4ls, m- ateKials, identifi~r-s, access-poin#s, etc.); and_ that said screening treatment shall be subject to review and approval by the appropriate City departments. 7. That all backflow equipment shall be located above ground outside the street setback area in a manner ~ r__~ u ~,i•„ ~,.,,,,~„ n ~,.~ Lfln~u ~ecemhliee ~rren4lv i ta I ri i a ya ~It hall UIIj~ SL~~Ciit~u iiuiit an j~i7vii~. Succ.~. r~~y v~.C~.~~.,.. ~....,..~~...,~~.,,. CL. ~!lS....~.Q_ R L._ S.._.. ~~ brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division of the Public Utilities Department in either underground vaults or outside the street setback areas in a manner fully screened from all public streets and alleys. Said information shall be shown on plans, which shall be approved by the Water Engineering and Cross Connection Control Inspector prior to submittal of plans for building permits. 8. That because this project has landscaping areas exceeding two thousand five hundred (2,500) square feet, a separate irrigation meter shall be installed and shall comply with Chapter 10.19 (Landscape Water Efficiency) of the Anaheim Municipal Code and City Ordinance No. 5349. Said information shall be shown on the plans submitted for building permits. 9. 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 plans on file with said Department. Said storage area(s) shall be designed to be architecturally compatible with the design of the residences, and shall be located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits for Planning Department and Public Works Department, Streets and Sanitation Division, review and approval. 10. 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. 11. That roll-up garage doors for each dwelling 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. Such information shall be specifically shown on the plans submitted for building permits. -3- PC2003-28 • • 13. That all plumbing or other similar pipes and fixtures located on the exterior of a 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 graffiti 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 shall be shown on the plans submitted for building permits. 16. That a final landscaping and irrigation plan for subject property shall be submitted to the Zoning Division for review and approval. Said landscaping plans shall show minimum finrenty four (24) inch box sized trees, shrubs, groundcover and vines to be planted in layers in common areas, and trees on maximum twenty (20) foot centers along the north (exclusive of the turnaround) and west property lines. A total of eight (8) trees shall also be planted adjacent to Katella Avenue. Any decision made by the Zoning Division regarding said landscaping and irrigation plan may be appealed to the Planning Commission and/or City Council. All trees shall be properly and professionally maintained to ensure mature and healthy growth. 17. That this Conditional Use Permit is granted subject to adoption of a zoning ordinance in connection with Reclassification No. 2002-00085 and recordation of the Final Tract Map No. 16465, now pending. 18. That prior to application for water meters, fire lines or submittal of the water improvement plans for approval; the developerfowner shall submit an estimate-of the maximum fire flow rate and ..maximuro. day and peak hour water demands for the project to the Water Engineering Division of the 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 Nf'vjGi.i Si iaii vC~ui ii ~ QVVL%~ i~,?.^C° Y:~f~; G?L'Ig Alr~, 1~A,C~, nf thg Wata~- I~Itility Ra#QS, Iqule~ ~nd Regulations. 19. That all requests for new water services or fire lines, as well as any modifications, relocations or abandonment of existing water services and/or fire lines, shall be coordinated through the Water Engineering Division of the Public Utilities Department. 20. That prior to rendering water service, water improvement plans shall be submitted to the Water Engineering Division for review and approval; and that a performance bond in the amount approved by the City Engineer and approved City Attorney shall be posted with the City of Anaheim. 21. That the streets, sanitary sewers and storm drains within the development shall be privately maintained. 22. That final precise floor plans and final precise elevation plans shall be submitted to the Zoning Division for review and approval. The elevation plans shall show additional architectural enhancements incorporated into the project. Any decision by the Zoning Division may be appealed to the Planning Commission as a`Reports and Recommendations' item. 23. 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 No. 1 and Exhibit No. 2, and as conditioned herein. 24. 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, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18 and 22, 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. 25. That prior to final building and zoning inspections, Condition No. 23, above-mentioned, shall be complied with. -4- PC2003-28 ~ ~ 26. 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. 10, 2003. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February ~s2i~~~ CHAIRPERSON, ANAHEIM CITY PLANNING OMMISSION ATTEST: i~~~~tT~~s.v SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORfVFA } - _ COUNTY OF ORANGE ) ss. CITY OF ANAHEIM 1 ~~ `~~a~ ~~~ ,~A~;; ~~~ ~C,~n~nr Q,grrclM ~, ~f tnp anahPim ~i#y Pl~nning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on February 10, 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 W ITNESS W HEREOF, I have hereunto set my hand this o2 5~" day of ~~ ~o ~ u ary, 2003. ~ • SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC2003-28