Resolution-PC 2006-70~ ' ~
RESOLUTION NO. PC2006-70
A RESOWTION OF THE ANAMEIM PLANNING COMMISSION
THATPETITION'FOR CONDITIONAL USE PERMIT NO> 2006-05068 BE GRANTED
(2770 WEST LINCOLN AVENUE)
WHEREAS, the Anaheim 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 108 FEET OF THE EAST 324 FEET OF THE NORTH 288 FEET OF THE
WEST HALF OF THE NORTHWEST QUARTER OF TME NORTHEAST QUARTER OF SECTION
3, TOWNSHIP 4 SOUTM, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON
A MAP `RECORDED IN BOOK 51, PAGE 11, OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY,iCALIFORNIA. "
PARCEL 2: THE NORTHWEST QUARTER OF _THE NORTHWEST, QUARTER OF THE :
NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTM, RANGE 11 WEST, IN THE
` RANCHO LOS'COYOTES, AS SkiOWN ON A MAP RECORDED IN BOOK 51, PAGE 11,' OF
MISCELLANEOUS MAPS, RECORDS AF ORANGE COUNTY, . CALIFORNIA,` EXCEPTING
THEREFROM THE NORTH 288 FEET, ALSO EXCEPTING FROM THEREMAINDER, THE'EAST
ONE (1) ACRE THEREOF.
PARCEL 3: LOT 5 AND THE SOUTHERLY 12.40, FEET OF LOT 4 OF JOSEPH FISCUS
SUBDIVISION AS SHOWN ON A MAP RECORDED IN BOOK 8, PAGE 73, OF MISCELLANEOUS
MAPS, RECORDS OF QRANGE COUNTY, CALIFORNIA.
EXCEFTING FOR THE SOUTHWEST CORNER OF SAID LOT 5 A STRIP OF LAND 100 FEET
WIDE FOR THE SOUTHERN PACIFIC RAILROAD COMPANY'S RIGHT OF WAY AS SHOWN
ON SAID MAP.
ALSO EXCEPTING THAT PORTION OF LOT 5 LYING SOUTHWESTERLY OF THE
SOUTHWESTERLY L1NE OF THE 100-FOO~" STATE HIGHWAY (FORMERLY SAID SOUTHERN
PAGFIC RAILROAD COMPANY'S RIGHT OF WAY).
ALSO EXCEPTING ALL RIGHTS OF INGRESS TO, OR EGRESS FROM, THAT PORTION OF
- SAID LOT 5 LYING NORTHEASTERLY OF SAID 100-FOOT HIGHWAY OVER AND ACROSS
THE NORTHEASTERLY IN THEREOF, CONVEYED TO THE STATE OF CALIFORNIA.
ALSO EXCEPTING THEREFROM A STRIP OF LAND 65 FEET WIDE, ADJOINING SAID 100-
FOOT STRIP ON THE NORTHEAST CONVEYED TO THE STATE OF CALIFORNIA BY DEED
REGISTERED MARCH 29, 1950, AS DOCUMENT NO. 19806.
PARCEL 4: THE WEST 108.00 FEET OF THE EAST 216.00 FEET OF THE NORTH 288.00 FEET
OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13,
TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A
MAP RECORDED JN BOOK 51, PAGE _ 11, OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA.
EXCEPT THE SOUTH 36.00 FEET OF THE NORTH 66.00 FEET OF SAID LAND AS CONVEYED
TO THE STATE OF CALIFORNIA FOR STATE HIGHWAY PURPOSES IN PARCEL 9 OF A FINAL
DECREE OF CONDEMNATION IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA,
IN AND FOR THE COUNTY OF ORANGE, CASE NO. 65987, AS CERTIFIED COPY OF WHICH
WAS RECORDED MARCH 17, 1958, IN BOOK 4230, PAGE 183, OF OFFICIAL RECORDS.
Cr\PC2006-70 -1- PC2006-70
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WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on August 7, 2006, 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 forand against said proposed conditional usepermit 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 irr its behalf, and after due consideration of al{ evidence and reports offered at said hearing, does find
and determine the following facts: ' '
1. That the proposed expansion to. an existing mobile home park with five (5) additional spaces
(for total ofi60 spaces) and to construct a;clubhouse and recreation area with waiver of the following is
properly one for which a conditional use permit is authorized by Anaheim'Municipal Code Section No.
18.14.030:040.0402 (Mobile home Parks):
(a) SECTION N0.18.14.100.010 Minimum reauired front setback.
(25 feetrequired; 15 feet proposed)
2. ; That the above-mentioned waiver is hereby approved, based on existing site conditions
including a five-foot high block wall setback 10 feet from Lincoln Avenue along the entire property frontage
(with the exception of the entryway) and an existing coach with a setback of 15 fee# located opposite the
proposed Jocation of the new coaches. A waiver for the location of the wall and existing coach were granted
in 1979 in conjunction with an expansion to the mobile home park. Because the request would not impact
the existing frontage along Lincoln Avenue, and because there is an existing coach and wall along Lincoln
Avenue for which waivers have been granted, staff believes the proposed location conforms to the
previously-approved entitlement.
3. 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 because the site is currently developed as a
- mobile home park and no physical expansion to the site is proposed. Furthermore, the total number of
mobile home spaces (60) at a density of 11.2 dwelling units per acre would not exceed the allowable density
of eighteen (18) dwelling units per acre.
4. That the traffic generated by the additional units would not exceed the traffic demand
contemplated within the General Plan for the site (which allows up to 18 dwelling units per acre), therefore
the use would not impose an undue burden upon the streets and highways designed and improved to carry
the traffic in the area.
5. That the granting of the conditional use permit under the conditions imposed, will not be
detrimental to the health and safety of the citizens of the City of Anaheim.
6. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal 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 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
public health and safety of the Citizens of the City of Anaheim:
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1. That all trash generated from the site shall be properly contained in trash bins located within
approved trash enclosures.' The number,of bins sh,all be adequate and the trash pick-up shall be as
frequent as necessary to ensure tMe sanitary handling and timely removal of refuse from the
property. The Community Preservation Division ofthe Pfanning Department shall determine the
need for additional bins or additional pick-up. AIf costs for increasing the number ofbins or '
' frequency ofpick-up shall be paid bythe property owner.
2. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event
that it is removed, damaged, diseased and/or dead.
3. Thaf the propertyshall be permanently maintained in an orderly fashion by the provision of regular
` landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24)
hours from time:of discovery.
4. That if required, all backflow equipment shall be located above ground and 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 otherlarge water system equipment '
shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or
outside of #he streef setback area in a manner fully screened from all public streets and alleys. Said
information shalf be specifically shown on plans and'approved by the WaterEngineering Division.
5.~ That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonments of existing water services and fire lines; shall be coordinated through the Water
EngineeringDivision of the Anaheim Public Utilities Department.
6. That prior to the issuance of a grading permit, the applicant shall submit to the Public Works
. Department; bevelopment 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 Controf BMPs as defined in 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 7reatment Control BMPs.
7. That prior to issuance of a 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 Projects WQMP are available
onsite.
• Submit for review and approval by the City an Operation and Maintenance Plan for all structural
BMPs. ,
8. That if required, the locations for future above-ground utility devices including, but not limited to,
electrical transformers, water backflow devices, gas, communications and cable devices, etc., shaU
be shown on plans submitted for building permits. Plans shall also identify the specific screening
_ treatments of each device (i.e.landscape screening, colorof walls, materials, identifiers, access
poinfs, etc.). Said information shalf be specifically shown on plans submitted for building permits.
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9. That if required, the property owner/developer shall provide the City of Anaheim with a public utilities
easement to be determined as electrical design is complet~d.
'10. That any required relocation of City electrical facilities shall be at the developer's expense.
11. 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
12. That trash storage areas shall be provided and maintained in a location acceptable to the Public
` Works Qepartment and in accordance with approved plans on file with said Department. Said
storage areas shall be designed, located and screened so as not to be readily identifiable from ~
adjacent streets or highways. The walls of the storage areas shall be protected from graffiti
opportunities by the use of plant materials such as minimum one-gallon size clinging vines planted
on maximum three-foot centers or tall shrubbery. Said information shall be specifically shown on the
plans submitted for.6uilding'permits. '
13. That final landscape and fencing plans for the subject property shall be submitted to the Planning
Department for review and approval. ' Said plans shall show minimum'24-inch box size trees, shrubs,
groundcover, and clinging vines to be planted in layers on all waNs visible from the public right-of-way.
- The landscape material selected shall be appropriate to the width of the planter area. Any decision
made by the Planning`Departments regarding said plan may be appealed to the Planning Commission
as aReports and Recommendations item. All trees shall be properly and professionally maintained by
the property owner to ensure mature, healthy growth. Such information shall be specifically shown on
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the plans submitted for building permits.
14: That all new mobile home coaches shall comply with the State of California Floodplain ordinance.
The applicant shall provide a letter from the State Department of Housing and Community
Development demonstrating that the project has complied with the State's Floodplain Ordinance.
15. ThaYthe subject property shall be developed substantially in accordance with the plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the
Planning Department Exhibit Nos. 1 and 2, and as conditioned herein.
16. That prior to sale or rental of the first coach, or within a period of one (1) year from the date of this
- resolution, whichever occurs first, Condition Nos. 4, 8, 11, 12, 13 and 14 above mentioned, shall be _
complied with. Extensions for further time to compiete said conditions may be granted in accordance
with Section 18.60.170 of the Anaheim Municipal Code.
17. That prioc to final building and zoning inspections, Condition Nos. 7 and 15, above mentioned, shall
be complied with. Extensions for further time to complete said conditions may be granted in
accordance with Section 18.60.170 of the Anaheim Municipal Code.
18. 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.
19. That timing for compliance with conditions of approval may be amended by the Planning Director
upon a showing of good cause provided (i) equivalent timing is established that satisfies the original
intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal
Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or
approved development.
BE IT FUR7HER RESOLVED that the Anaheim 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. -
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BE IT FURTHER RESOLVED`.that the applicant is'responsible for paying all charges related
to the processing of this discretionary,case application within 15 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
August 7, 2006. 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 replaced
by a City Council Resolution in the event of an appeaL ~
.
CHAIRMAN, ANAHEI PLANNING COMMISSION
ATTEST:
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SENIOR SECRETARY; ANAHE{M PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on August 7, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLORES ,
IN WITNESS WHEREOF, I have hereunto set my hand this ~ 3~aday of
US~ , 2006.
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~~C.CA+~--ti-- ~~ ~~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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PC2006-70