Resolution-PC 2005-104~ ~
RESOLUTION NO. PC2005-104
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04951 BE GRANTED
(311 T, 3121 AND 3125 W EST BALL ROAD) ;:
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 1 t THE EAST 66 FEET OF THE WEST 264 FEET OF THE SOUTH ONE-
- HALF OF THE 50UTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF
THE SOUTHEAST ONE-QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH RANGE 11
' WEST, SAN BERNARDINO BASE AND MERIDIAN, COUNTY OF ORANGE COUNTY,
STATE OF CALIFORNIA.
PARCEL 2: THE WEST 66 FEET OF THE EAST 132 FEET OF,THE WEST264 FEEl'
OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF' THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP;4 SOUTH,
` RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN' THE, CITY OF
ANAHEIM, COUNTY OF ORANGE, S7ATE OF CAUFORNIA.
EXCEPTING THEREFROM A 3.4T" INTEREST TO A WATER WELL AND PUMPING
PLANT LOCATING ON SAID LAND.
PARCEL 3: THE EAST 66 FEET OF THE EAST 132 FEET OF THE SOUTH HALF OF
THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN
BERNARDINO BASE AND MERIDIAN, COUNTY OF ORANGE COUNTY, STA7E OF
CALI FORN IA.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on July 25, 2005, at 2:30 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 18.60, to
hear and consider evidence fior and against said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; 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 No. 18.06.160 to construct a 16-unit attached and detached residential
condominium subdivision.
2. That the proposed use will not adversely affect the adjoining land uses or the growth and
development of the area in which it is proposed to be located as staff believes the proposed project is
compatible with existing and surrounding land uses and that the minor deviations from the Code as provided
in Section 18.06.160 would achieve a well designed and livable project, while being compatible and
consistent with surrounding land uses. The proposed use would not adversely affect the adjoining land uses
and the growth and development of the area in which it is proposed and because the size and shape of the
site for the project is adequate to allow the full development of the proposed use in a mannernot detrimental
to the particular area.
3. 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 as the proposed project because
the project would be implementing the Corridor Residential land use designation of the General Plan. This
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designation was environmentally analyzed as part of the California Environmental Quality Act (CEQA)
performed as part of the General Plan Update approved by the City Council on May 25, 2004. :
4. That the granting of the conditional use permit under the conditions imposed, if any, will not
be detrimental to the health and safety of the citizens of the City of Anaheim.
5. That 7 people indicated their presence at said public hearing in opposition; and that a
petition was received with 134 signatures in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to construct a 16-unit attached and detached residential
condominium subdivision 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 commentsreceived during the public review process and furtherfinding 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 roll-up garage doors shall be shown on plans submitted for building permits. Said doors shall be
installed and maintained as shown on submitted plans.
2. That final landscape and fencing plans shall be submitted to the Planning Services Division for review
and approval. The fencing plan shall incorporate a six (6) foot high block wall along the north, eas4,
and west property lines: Said plans shall show minimum 24-inch box size evergreen, trees along the
north property line (two (2) trees per property). The landscape plan shall reflect a three (3) foot high
landscaped berm and incorporating a layered landscape planting design along Ball Road within the
street setback. Any decision made by the Planning Services Division regarding said plan may be
appealed to the Planning Commission as a Reports and Recommendation item. All trees shall be
properly and professionally maintained by the homeowners association to ensure healthy growth.
3. That final building elevation plans, a colors and materials board, and street presentation plans,
showing building articulation and architectural embellishments for all elevations and opaque windows
or modified window placement for the north elevations of the detached residences facing the north
property line, shall be submitted to the Planning Services Division for review and approval. Any
decision made by the Planning Services Division regarding said plan may be appealed to the Planning
Commission as a Reports and Recommendation item.
4. 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.
5. That all plumbing or other similar pipes and fixtures located on the exterior of the 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.
6. That the property shall be permanently maintained in an orderly fashion by providing regular landscape
maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time
of occurrence.
7. 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.
8. That this Conditional Use Permit is granted subject to the appraval of Reclassification No. 2004-00141
approval and recordation of Tentative Tract Map Na 16833, now pending.
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9. That any tree pianted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
10. 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
' plans submitted for building permits. Plans shall also identify the specific screening treatments of each
device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be
subject to the review and approval of the appropriate City departments.
11. TThat any required relocation ofi City electrical facilities shall be at the developer's expense. That
landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be
shown on plans submitted for building permits.
12. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
13. That gates shall not be installed across any driveway or private street in a manner which may
_adverse{y affect vehicular traffic in the adjacent public street, 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 shall be specifically shown on plans submitted for
building permits.
14. That the driveway on Ball Road shall be reconstructed with 10-foot radius curb cut returns as required
by the City Engineer in conformance with Engineering Standard No. 115. Said information shall be '
specifically shown on plans submitted for building permits.
15. That plans shall be submitted to the City Traffic and Transportation Manager for his review and
approval showing conformance with the current version of Engineering Standard Plan Nos. 436 and
470 pertaining to parking standards and driveway locations. Subject property shal4 thereuponbe
developed and maintained in conformance with said plans.
16. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 610
and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division.
Trash truck turn-around shall be provided through each construction phase of the project. Said
turn-around area shall be specifically shown on plans submitted for building permits.
17. 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.
18. That a comprehensive trash management program shall be submitted to the Public Works Department,
Streets and Sanitation Division. Said program shall include information on the following: a detailed,
scaled site plan showing the storage and collection areas for automated trash barrels for each unit, the
location of any trash enclosure with enclosure details drawings, and truck access.
19. That prior to grading plan approval, the appficant shafl demonstrate that coverage has been obtained
under California's General Permit for Stormwater Discharges Associated with Construction Activity by
providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a
copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number.
The applicant shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of
the current SWPPP shall be kept at the project site and be available for City review on request.
20. That prior to grading plan approval, the developer shall submit a geotechnical report that meets the
requirements for a"Screening tnvestigation for Liquefaction PotentiaP' as identified in DMG special
publication 117 "Guidelines for Evaluating and Mitigating Seismic Hazards in California". If the findings of ,
the screening investigation cannot demonstrate the absence of liquefaction hazards, then the
comprehensive quantitative evaluation shall be conducted to develop mitigation recommendations to
effectively reduce the hazard to an acceptable level.
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21. That prior to grading plan approval, the applicant shall submit a Drainage Study prepared by a registered
' professional Civil Engineer in the State of California. The Study shal{ be based upon and reference the
latest edition of the Orange County Hydrology Manual the applicable City of Anaheim Master Plan of
Drainage for the project area. All drainage sub-area boundaries per the Master Plan for Drainage shall be
maintained. The Study shall include: an analysis ofi 10-, 25- and 100-year storm frequencies; an analysis of
all drainage impacts to the existing storm drain system based upon the ultimateproject build-out condition; _
and address whether off-site and/ or on-site drainage improvements (such as detention/ retention basins or
surface runoff reduction) will be required to prevent downstream properties from becoming flooded.
22. That the City of Anaheim Sewer Impact Mitigation fee for the Combined West Anaheim Area, Zone B shall
be paid. The mitigation fee is currently $1,669/unit for single family and multi-family developments.
23. That prior to the issuance of grading permit, the applicant shall submit to the Public Works Department
Development Services Division for review and approval a Water Quality Management Plan that:
. Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas,
maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero
discharge" areas, and conserving natural areas.
• Incorporates the applicable Routine Source' Control BMPs as defined in the Drainage Area
Management Plan.
• Incorporates Treatment Control BMPs as defined in the DAMP. `
• Describes the long-term operation and maintenance requirements for the Treatment Control BMPs.
• Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment
Control BMPs, and
. Describes the mechanism for funding the long-term operation .and maintenance of the' Treatment
Control BMPs.
24. That prior to issuance of certificate of occupancy, the applicant shalL•
• Demonstrate that all structural BMPs described in the Project WQMP have been constructed and
installed in conformance with approved plans and specifications.
• Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the
Project WQMP
. Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite.
• Submit for review and approval by the City an Operation and Maintenance Plan for all structural
BMPs.
25. That all backflow equipment shall be located above ground outside of 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 in either underground vaults or outside of the street
setback areas in a manner fully screened from all public streets and alleys. Said information shall be
shown on plans and approved by Water Engineering and Cross Connection Control Inspector before
submitta{ for building permits.
26. That since this project has a common landscaping area exceeding 2,500 square feet, a separate
irrigation meter sha11 be installed and shalf comply with City Ordinance No. 5349 and Chapter 10.19 of
the Anaheim Municipal Code. Said information shall be shown on plans submitted for building permits.
27. That all requests for new water services or fiire lines, as we11 as any modifications, relocations, or
abandonment of existing water services and fire lines, shall be coordinated through Water Engineering
Division of the Anaheim Public Utilities Department.
28. 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 costs to upgrade or to abandon any water service or fire line.'
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29. That prior to submitting water improvement plans, the developer shall submit a water system master
plan, including a hydraulic distribution network analysis, for Public Utilities Water Engineering review
and'approval. The master plan shall demonstrate the adequacy of theproposed on-site water system
to meet the project's water demands and fire protection requirements. '
30. That water improvement plans shall be submitted to the Water Engineering Division for approval and a
performance bond in the amount approved by the. City Engineer and City Attorney, and shaU be posted
with the City of Anaheim.
31. l'hat prior to application for water meters, fire line or 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 watersystem 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. '
32. That water improvement plans shall indicate two separate connections to the public water main and
that a minimum clearance of five (5) feet from the water main to the curb and gutter and a minimum
clearance of ten (10) feet from the water main to the sewer line shall be maintained.
33. That an address monument and/or complex map shall be positioned to be readable from the main
vehicular or pedestrian access points without causing vehicular stacking and shall be illuminated '
during hours ofdarkness. Said information shall be specifically shown on plans submitted for building
permits.
34. 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 11, as conditioned herein.
35. 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, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 22,
25, 26, 29, 30, 31, 32 and 33, 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.
36. That prior to approval of a grading plan, Condition Nos. 19, 20, 21 and 23, above-mentioned, shall be
complied with.
37. That prior to final building and zoning inspections, Condiiion Nos. 24, 28 and 34, above-mentioned,
shall be complied with.
38. 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 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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 7 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation.of the approval of this application.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
July 25, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and may be repiaced
by a City Council Resolution in the event of an appeaL
CHAIRM , HEIM PLANNING COMMISSION
ATTEST: `:
~~C~i~+..~t----' 1
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY O~ ORANGE ) ss.'
CITY OF ANAHEIM )
I, Eieanor 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 CityPlanning
Commission held on July 25, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: FLORES, PEREZ
ABSENT: COMMfSS10NERS: KARAKt
I WITNESS WHEREOF, I have hereunto set my hand this ~ day of
I/ ~ , 2005.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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