Resolution-PC 2004-36~ ~
RESOLUTION NO. PC2004-36
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04831 BE GRANTED
W HEREAS, 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 1: THE WEST 282 FEET OF THE SOUTM 110.92 FEET OF THOSE
PORTIONS OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH,
RANGE 11 WEST IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OR CALIFORNIA, AS PER MAP RECORDED IN
BOOK 51 PAGE 11 OF MISCELLANEOUS MAPS, INTHE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE WEST LINE OF SAID SECTION 13, WHICH POINT IS
1019.96 FEET SOUTH OF THE NORTHWEST CORNER OF THE SOUTHWEST
QUARTER OF SAID SEC710N; THENCE EASTERLY AND PARALLEL WITH THE
NORTH UNE OF SAID SECTION 663.95 FEET TO A POINT IN THE EAST LINE OF 7HE
WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SAID SECTION; THENCE SOUTH ALONG SAID EAST LINE, 329.96 FEET TO THE
SOUTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SAID SECTION; THENCE WEST ALONG SAID SOUTH LINE OF SAID NORTHWEST
QUARTER 664.00 FEET TO THE SOUTHWEST CORNER OF SAID NORTHWEST
QUARTER, AND THENCE NORTH ALONG THE WEST LINE OF SAID NORTHWEST
QUARTER, 329.96 FEET TO THE POINT OF BEGINNING.
EXCEPT THE WESTERLY 92.00 FEET THEREOF:
ALSO EXCEPT ANY PORTION OF THE ABOVE DESCRIBED LAND INCLUDED WITHIN
THE FOLLOWING:
BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER;
THENCE SOUTH 0° 10` 30 " WEST 1,153.61 FEET ALONG THE WEST LINE OF SAID
SECTION 13; THENCE SOUTH 89° 49' 30" EAST 92.00 FEET TO A POINT ON THE
EASTERLY RIGHT OF WAY LINE OF BEACH BOULEVARD AND THE TRUE POINT OF
BEGINNING; THENCE SOUTHEASTERLY ALONG A CIRCULAR CURVE CONCAVE
NOR7HEASTERLY, HAVING A RADIUS OF 25.00 FEET THROUGH A CENTRAL ANGLE
OF 90° 10' 30" AN ARC LENGTH OF 39.35 FEET; THENCE ALONG A TANGENT LINE
EAST 139.84 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHWESTERLY, HAVING A RADIUS OF 50.00 FEET; THENCE NORTHEASTERLY
ALONG SAID CURVE THOUGH A CENTRAL ANGLE OF 36° 52' 12" AND AN ARC
LENGTH OF 32.10 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE
CONCAVE SOUTHERLY, HAVING A RADIUS OF 50.00 FEET; 7HENCE EASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 00' 00", AND AN ARC
LENGTH OF 78.54 FEET; THENCE ALONG A NONTANGENT UNE EAST 10.09 FEET;
THENCE SOUTH 0° 10' 15" WEST 60.00 FEET; ~fHENCE WEST 9.91 FEET TO A POINT
ON A NONTANGENT CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 50.00
FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
90° 00' 00", AND AN ARC LENGTH OF 78.54 FEET TO A POINT OF REVERSE
CURVATURE WITH A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF
50.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 36° 52' 12", AN ARC LENGTH OF 32.18 FEET; THENCE ALONG A
TANGENT LINE WEST 140.18 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 25.00 FEET; THENCE
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SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89° 49'
30"AND AN LENGTH OF 39.19 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY
LWE OF BEACH BOULEVARD; THENCE NORTH 0° 10' 30" EAS7 LINE OF 110.00 FEET
ALONG SAIDRIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING.
PARCEL 2: THAT PORTION OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 11 WEST IN
THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, AS PER MAP RECORDED
IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE ORANGE
COUNTY RECORD, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID' NORTHWEST QUARTER,
SOU7H 1019.96 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE EAST
663.95 FEET PARALLEL WITH THE NORTH LINE OF THE SAID NORTHWEST
QUARTER TO THE EAST LINE OF THE WEST ONE-HALF OF SAID NORTHWEST
QUARTER THENCE 329.96 FEET ALONG SAID EAS7 LINE TO THE SOUTH LINE OF
SAID NORTHWEST QUARTER; THENCE WEST 664 FEET ALONG SAID SOU7H LINE
TO THE WESTIINE OF SAID NORTHWEST QUARTER; THENCE NORTH 329.96 FEET
TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION THEREOF DESCRIBED W THE DEED TO EASTLAND
SAVINGS AND LOAN ASSOCIATION RECORDED JULY 23, 1962 IN BOOK 5186 PAGE
318 OF OFFICIAL RECORDS.
ALSO EXCEPT THE W EST 282 FEET THEREOF.
ALSO EXCEPT THA7 PORTION THEREOF LYING NORTHERLY OF THE FOLLOWING
DESCRIBED LINE:
BEGINNING AT TNE INTERSECTION OF THE WEST LINE OF THE LAND DESCRIBED
LINE OF THE LAND DESCRIBED IN THE DEED TO EASTLAND SAVINGS AND LOAN
ASSOCIATION RECORDED JULY 23, 1962 IN BOOK 6186 PAGE 318 OFFICIAL
RECORDS, W{TH THE EASTERLY PROLONGATION OF THAT CERTAIN COURSE
DESCRIBED AS WEST 9.91 FEET IN THE LAND DESCRIBED IN THE SECOND
EXCEPTION OF THE DEED TO CHIP CHASIN RECORDS; NOVEMBER 13, 1962 IN
BOOK 6319 PAGE 95 OFFICIAL RECORDS; THENCE WEST 9.91 FEET ALONG SAID
PROLONGATION AND SAID COURSE TO THE WESTERLY TERMINUS THEREOF
BEING A POI(VT OF A NON7AGENT CURVE CONCAVE NORTHERLY HAVING A
RADIUS OF 50.00 FEET RADfAL TO SAID POINT BEARS SOUTH 53° 7' 48" EAST;
THENCE WESTERLY 78.54 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE
90° 9' 99" TO TNE BEGINNING OF A REVERSE CURVE TO THE EAST LINE OF THE
WEST 282 FEET OF THE SAID NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER.
ALSO EXCEPT THAT PORTION OF THEREOF INCLUDED WITHIN TNE FOLLOWING
DESCRIBED LAND; BEGINNING AT THE POINT ON THE SOUTHERLY LINE OF SAID
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER EAST 355.24 FEET FROM
THE SOUTHWEST CORNER THEREOF; THENCE 11.82 FEET ALONG THE
SOUTHERLY LINE; THENCE NORTH 14.95 FEE; 7HENCE WEST 11.82 FEET; THENCE
SOUTH 14.95 FEET TO THE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on March 22, 2004 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
(Zoning Procedures-Amendments, Conditional Use Permits and Variances), 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 continuetl to the April 5, 2004
meeting; and
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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 the public 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 18.31.050.090 to wit: to construct a 7-unit detached one-family residential
airspace condominium with the following waivers
(a) Section 18.31.063.010.012 - Minimum structural setback adjacent to a local street.
(15 feet required; 10 feet proposed along Stoneybrook Drive)
(b) Section 18.31.063.020.022 - Minimum structural setback adiacent to an interior lot line.
(10 feet required; 5 feet proposed) ,
(c) Sections 18.31.063.030 - Minimum required recreational leisure area.
and 18.31.063.031 (7,000 square feet required for seven units when private
recreational space is provided for each unit;
5,166 sauare fee# proposed)
(d) Section 18.31.065.010.011 - Minimum distance between buildinqs.
(20 feet required; 10 feet proposed)
2. That the waivers of minimum structural setback adjacent to a local street, minimum structural
setback adjacent to an interior lot line, minimum required recreational leisure area and minimum distance
between buildings are hereby approved because the proposed setbacks and distances between buildings
are consistent with setback requirements for single-family residential zones where the development of
detached single-family residences is permitted by right, specifically the RS-5000 and RS-7200 Zones.
3. That strict application of the Zoning Code would deprive the property of privileges enjoyed by
other properties under identical zoning classification in the vicinity because simifar projects have recently
been approved with similar waivers.
4. That there are special circumstances applicable to the p~operty consisting of its shape and
location, which do not apply to other identically zoned properties in the vicinity, because the configuration of
the units with the buildings closer to the street and parking to the rear causes difficulty in meeting code
requirements for the RM-3000 zone including the setback requirements and required recreational leisure
area, due to the long and narrow configuration of the property and frontages on two public streets
5. That the proposed use will not adversely affect the adjoining land uses and the growth and
development of the area in which it is located.
6. 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 generaf welfare.
7. That the traffic generated by the proposed use wifl not impose an undue burden upon the
streets and highways designed and improved to carry the tra~c in the area.
8. 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.
9. That no one indicated their presence at the public hearing in opposition to the proposal, and
no correspondence was received in opposition.
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CALIFORNIA ENVIRONMENTAL QUAUTY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to construct a 7-unit detached one-family residential airspace
condominium'subdivision with waivers of minimum structural setback adjacent to a local street, minimum
structural setback adjacent to an interior lot line, minimum required recreational leisure area, and minimum
distance between buildings on an irregularly-shaped 0.64-acre property located at the southeast corner of
Stonybrook Drive and Beach Boulevard, having frontages of 241 feet on the south side of Stonybrook Drive
and 110 feet on the east side of Beach Boulevard, and further described as 736 South Beach Boulevard and
2966 West Stonybrook Drive; and does hereby approve theNegative Declaration upon finding that the
declaration reflects the independent judgemenf 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 theproposed use of the subject property in order to preserve the
safety and general welfare of the Citizens of the City of Anaheim:
1. 7hat a final landscape and irrigation plan for subject property shall be submitted to the Zoning Division
for review and approval. Said landscape plan shall show that minimum twenty four (24) inch box-sized
trees, shrubs, groundcover and vines shall be planted in layers iri common areas and street setbacks,
including the following specific information:
(a) Landscaped berm with a hedge and a minimum of six (6) trees adjacent ta Beach Boulevard.
(b) A minimum of twelve (12) trees planted adjacent to Stonybrook Drive.
(c) One (1) gallon-sized clinging vines planted on maximum three (3) foot centers adjacent to any
screening walls and all walls bordering the proposed private driveway.
(d) A total of seven (7), twenty four (24} inch box-sized Tipuana Tipu trees in the proposed parkway
on Stonybrook Drive. The minimum width of the parkway shall be six (6) feet with one (1) tree
planted approximately in front of each residential unit. The entire parkway shall be irrigated by a
system supplied from the development.
(e) Landscaping of the setback areas along Beach Boulevard and Stonybrook Drive.
Any decision made by the Zoning Division regarding said plan may be appealed to the Planning
Commission as a`Reports and Recommendations' item.
That all trees shall be properly and professionally maintained to ensure mature and healthy growth.
That a final fencing plan for subject property shall be submitted to the Zoning Division for review and
approval. Said fencing plan shall specify the overalf design of any proposed fences, including colors
and materials, for the following:
(a) The approximately three (3) foot high fencing befin-een units with the purpose of screening the
trash barrel storage areas from public view.
(b) The maximum three (3) foot high walls surrounding the private patios for each unit.
Any decision made by the Zoning Division regarding said plan may be appealed to the Planning
Commission as a`Reports and Recommendations' item.
4. That final precise elevation plans shall be submitted to the Zoning Division for review and approval.
Said elevation plans shall include three (3) alternating architectural themes for the residential units and
compatible enhancements such as stone veneer, decorative architectural details (awnings, ironwork,
shutters, etc.) and complementary colors incorporated into each design. Any decision by the Zoning
Division may be appealed to the Planning Commission as a`Reports and Recommendations' item.
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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 streets. lnstallation of any gates shall conform to
Engineering Standard Plan No. 609 and shall be subject to the review and approval of the City Traffic
and Transportation Manager. Said information shafl be specifically shown on the plans submitted for
building permits.
6. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with Engineering Standard No. 137 pertaining to sight distance visibility for any
proposed walls or fences.
That roll-up garage doors shall be shown on the plans subm+tted for building permits. Said doors shall
be installed and maintained as shown on the approved plans.
That all backflow equipment shall be located abave ground outside the street setback areas in a
manner fully screened from all public streets. Any backflow assemblies currently installed in a vault
shall be brought up to currentstandards. 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 areas in a manner fully screened from all public streets and alleys. This information shall be
shown on plans submitted to the Water Engineering and Cross Connection Control Inspector for review
and approval, prior to submittal of plans for building permits.
9. 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 Water Engineering
Division of the Anaheim Utilities Department.
10. That because this project has landscaping areas exceeding finro 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 City Ordinance No. 5349. Said information shall be
shown on the plans submitted for building permits.
11. That all existing water services shall conform to current Water Utility Standards. Any existing water
services that do not meet current standards shall be upgraded if continued use is necessary or
abandoned by the developer if the existing service is no longer needed. Any existing services that are
no longer needed shall be abandoned by the property owner/developer.
12. 7hat prior to application for wate~ meters, fire lines or submittal of 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 shafl
be provided in compliance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations.
13. That individual water service and/or fire line connections shall be required for each residential unit in
compliance with Rule 18 of the City of Anaheim's Water Rates, Rules and Regulations.
14. 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 shal{ be required and shall be shown on the
plans submitted for building permits.
15. That prior to issuance of a grading permit, the property owner shall be implement the appropriate Best
Management Practices ("BMPs") as specified in the Orange County Drainage Area Management Plan
("DAMP") and as required by the Public Works Department, Development Services Division. The
selected BMPs shall be implemented and maintained to minimize the introduction of pollutants from
entering the City of Anaheim storm water drainage system.
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16. That the property owner/developer shaff install parkway landscaping and irrigation between the sidewalk
and curb along Stonybrook Drive in accordance with Public Works Standard Detail No. 160. A Right-of-
Way Construction Permit shall be obtained from the Development Services Division for all work
performed in the public right-of-way. A bond shall be posted with the City in an amount approved by the
City Engineer and a form approved by the City Attorney prior #o issuance of building permits. The
improvements shall be constructed prior to issuance of a certificate of occupancy.
17. That trash storage and trash collection area(s) shall be provided and maintained in location(s)
acceptable to the Public Works Department, Streets and Sanitation Division. Said information shall be
specifically shown on the plans submitted for building permits, and which plans shall be subject to
review and approval by the Planning Department and thePublic Works Department, Streets and
Sanitation Division.
18. That all air conditioning facilities and other ground-mounted equipment shall be properly shielded from
view and shall not be located in a manner which impedes the movement of trash barrels from the
storage area(s) to the collection area(s). Such information shall be specifically shown on theplans
submitted for buifding permits.
19. That all plumbing or 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 theplans submitted for building permits.
20. That the property shall be permanentfy maintained in an orderly fashion through the provision of regular
fandscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24)
hours from time of occurrence.
21. l"hat clothes washer and dryer hookups shall be incorporated into each condominium dwelling unit and
shall be shown on the plans submitted for building permits.
22. That this Conditional Use Permit is granted subject to approval of General Plan Amendment No. 2004-
00417 by the City Council, adoption of a zoning ordinance in connection with Reclassification No. 2004-
00115, and recordation of a final map in connection with Tentative Tract Map No. 16650, now pending.
23. That the streets, sanitary sewers and storm drains within this development shall be privately maintained.
24. That the legal property owner shall submit a letter to the Zoning Division requesting termination of
Conditional Use Permit Nos. 379 (to construct a service station) and 3436 (to construct a 61-unit motel) to
the Zoning Division.
25. 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 and 2, and as conditioned herein.
26. 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, 3, 4, 5, 6, 7, 8, 10, 11, 12, 14, 15, 16, 17, 18, 19, 21, 22 and 24,
above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be
granted in accordance with Section 18.03.090 (Time Limit fior Amendments, Conditional Use Permits,
Administrative Use permits, Variances and Administrative Adjustments) of the Anaheim Municipal Code.
27. That prior to final building and zoning inspections, Condition Nos. 16 and 25, above-mentioned, shall be
compfied with.
28. 7hat 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 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 5,
2004, and is subject to the appeal provisions set forth in Chapter 18.03 (Zoning Provisions - General) of the
Anaheim Municipal Code pertaining to appeal procedures and m be replaced by a City Council resolution in
the event of such an appeaL
. .4 ~/~_ ---~ ~~ ~~,~~..._~~Ur,~~~.. ,// l ~r.,....rrn/~
~ HAIRPERSON, ANAHEIM CITY PLANNII~fG COMMISSION
ATTEST: O.~
,
.1~A.~.•r-s~
SEN10R SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior 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 April 5, 2004, by the following vote of the members thereof:
AYES: COMM{SSIONERS: BOSTWICK, EASTMAN, O'CONNELL, ROMERO, VANDERBILT-LINARES
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BUFFA, FLORES
IN WITNESS WHEREOF, I have hereunto set my hand this ~ g~ day of
~
~^ , 2004.
/T~~-•-~,~...- ~
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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