Resolution-PC 2006-86~ ~
RESOLUTION NO. PC2006-86
A RESOLUTION OF THE ANAHEIM PLANNING COMMI5SION
THAT PETITION FOR CONDITIONAL USE PERMlT N0. 2006-05109 BE GRANTED
(3530-3540 EAST LA PALMA AVENUE)
WHEREAS, theAnaheim Planning Commission did receive a verified Petition for Conditional
Use Permit to construct a 312-unit single-family attached condominium project with 39 live/work units for
certain real property situated in the City of Anaheim; County of Orange, State of California, described as:
PARCEL A: PARCEL 1,1N THE CI7Y OF ANAHEIM, COUNTY OF ORANGE, STATE
- OF CALIFORNIA, AS SHOWN ON A" MAP FILED IN BOOK 28, PAGE 31 OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,
CAL I FO RN IA. :
PARCEL B: AN: EASEMENT FOR 'RAILROAp AND INCIDENTAL PURPOSES OVER
THAT PORTION OF LOT 2 IN SECTION 5, TOWNSHIP 4 SOUTH, RANGE 9 WEST, SAN
BERNARDINO MERIDIAN, AS SHOWN ON 'A-MAP FILED IN BOOK 1, .PAGE29 OF
RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE
COUNTY, CALIFORNIA, CONTIGUOUS TO 7HE HEREINABOVE DESCRIBED PARCEL
A, DESCRIBED AS FOLLOWS:
BEGINNINGAT A POINT IN THE SOUTHERLY LINE OF ABOVE SAID PARCEL A WITM
ITS INTERSECTION WITH A LINE PARALLEL WITH AND 15.00 FEET WESTERLY,
MEASURED AT RIGHT ANGLES FROM THE WESTERLY LINE OF THE 100.00-FOOT
RIGHT-OF-WAY OF THE ATCHISON,`TOPEKA AND SANTA FE RAILROAD COMPANY,
AS RECORDED JULY 11, 1887; THENCE ALONG LAST SAID SOUTHERLY LINE,
SOUTH 73° 59' 41" EAST 15.00 FEET TO SAID WESTERLY LINE; THENCE ALONG SAIp
WESTERLY LINE, SOUTH 16° 00' 19" WEST 120.11 FEET TO ITS INTERSECTION WITH
A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 483.34
FEET, SAID CURVE BEING TANGENT AT ITS NORTHERLY TERMINUS WITH LAST
SAID PARALLEL LINE, A RADIAL LINE OF SAID CURVE THROUGH SAID POIN7 BEARS
NORTH 88° 13' 57" WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 14° 14' 16" AN ARC DISTANCE OF 121.35 FEET TO THE POINT
OF BEGINNING.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on October 2, 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 for 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 request to construct a 312 unit single family attached condominium
project with 39 live/work units including the modification of standards for the distance between buildings is
properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section Nos.
18.32.030.040.0402 (Dwellings - Single-Family Attached), 18.32.030.080 and 18.32.030.120 with the
following waivers: -
(a) SECTION NO. 18.40.060.030 Improvement of private street. (56-foot wide street
with sidewalks and parkways on both sides required;
60-foot wide street with no sidewalk on one side
proposed).
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'(b) SECTIbN N0. 18.40.090 Sound attenuation for residential developments. (65
dB CNEL required for recreational areas; 74 dB
CNEL proposed).
(c) SECTION NO. 18.46.010.030 Maximum wallheiqnt. (Deleted).
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2. ' That waiver (a) is hereby approved since no pedestrian activity is anticipated on the east
side of the street (adjacent to the railroad tracks) Public Works Department staff supports the applicanYs
request forthis private street standard waiver because there is'no reasonable relationship between the need
for the required dedication and improvements and the type of development project on which such '
requiremenfs are imposed.
3. That waiver (b) is hereby approved since the property has a narrow lot depth that would
make;it difficult to construct a condominium projecf without the need for this sound attenuation waiver, and
further since the Redevelopment Agency proposes to establish a Quiet Zone at adjacent grade crossings
= and thereby further reduce sound levels at the subject site.
4. That waiver (c) is hereby denied since it has been deleted subsequent ta advertisement.
- 5. That the proposed project is compatible with existing and surrounding land uses and
< maintains good overall project design. ` `
6. That #heproject would not adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed because the site plan is well designed with adequate
setbacks to the street and within the development.
7. That the size and shape of the site for the proposed use is adequate fo allow the full
development of the proposed use in a manner not detrimentat to the particular area.
8. That the granting of this conditional use permit under the conditions imposed, would not be
detrimental to the health and safety of the citizens of the City of Anaheim.
9. That a person 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 to construct a 312 unit single family attached condominium project
with 39 live/work units; and does hereby approve the Mitigated Negative Declaration and the associated'
Mitigation Monitoring Program upon finding that the declaration reflects the independent judgment of the lead
agency and that it has considered the Mitigated Negative Declaration and 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, TMEREFORE, 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
safety and general welfare of the Citizens of the City of Anaheim:
1. That all existing driveway approaches on La Palma Avenue shall be removed and replaced with curb,
gutter, parkway landscaping, and sidewalk. A Right-of-Way Construction Permit shall be obtained from
the Public Works Department. Said information shalf be specifically shown on plans submitted for building
permits.
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2. That prior to issuance of a grading permit, the applicant shall submit to the Public Works Department :
Development Services Division for review and approval a Water Quality ManagementPlan 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 ControlBMPs, and
• Describes the mechanism for funding the long-term operation and maintenance of the Treatment :
Control BMPs.
3. That prior to issuance of a certificate of occupancy, the applicant shalL•
• Demonstrate that all structural BMPs described in #he Project WQMP have been constructed and
installed in conformance with approved plans and specifications.
pp p p ' p al BMPs described in the
. Demonstrate that the a licant is re ared to im lement all non-structur
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.
4. That all driveways shall be constructed with ten (10) foot radius curb 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.
5. That gates shall not be installed across the driveway 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. 475 and shal{ be subject to the review and approval of the Planning Services Division prior to issuance
of a building permit.
6. That the developer shall remove and/or relocate any traffic signal equipment or any other related item to
the tra~c signal if the project requires street widening or modification of any driveways.
7. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval in
conformance with the Engineering Standard No. 115 pertaining to sight distance visibility for the sign or
wall/fence locations.
8. That plans shall be submitted to the Planning Services Division for review and approval showing
conformance with the current version of Engineering Standard Plan Nos. 402B, 436 and 470 pertaining to
parking standards and driveway locations. Subject property shall thereupon be developed and maintained
in conformance with said plans.
9. That no required parking area shall be fenced or otherwise enclosed for storage uses.
10. That no compact parking spaces shall be permitted.
11. That an on-site trash truck turn around area shall be provided per Engineering Standard betail No. 476 or
an approved altemative, which shall be shown on plans as required by the Department of Public Works,
Sanitation Division. Said information shall be specifically shown on plans submitted for building permits.
12. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works
Department, Streets and Sanitation Division and in accordance with approved p{ans on ~le with said
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Department. Said storage areas shall be designed, located and screened so as not to be readily
identifiable from adjacent streets or highways. The walis of the storage areas shall be protecfetl from
graffiti opportunities by the use of plant materials such as minimum 1-gallon size clinging vines planted on
maximum 3-foot'centers or tall shrubbery. Said information shall be specifically shown on the plans
submitted forbuilding permits.
13. 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.
- 14: 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 appropriafe City departments.
15. 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 of the Anaheim Public Utilities Department: A' minimum of finro (2) connections to public water
mains shall be required. A minimum clearance of ten (10) feet shall be provided befinreen any sewer and
water lines. Any water line shall 6e located a minimum of five (5) feet from the curb line of the street.
Water looping inside the project shall be required.
16. 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.
17. That all backflow equipment shall be located above ground outside of the front setback area in a manner
fully screened from afl public streets and alleys. Any backflow assemblies currently installed in a vault '
shall be brought up to current standards. Any other large water system equipment shall be installed tothe
satisfaction of the Water Engineering Division outside of the front setback area in a manner fully screened
from all public street and alleys. Said information shall be specifically shown on plans and approved by
Water Engineering and Cross Connection Control Inspector.
18. That since this project has landscaping area exceeding 2,500 square feet, a separate irrigation meter shalf
be instafled and comply with City Ordinance No. 5349 and Chapter 10.19 of Anaheim Municipal Code:
Said information shall be specifically shown on plans submitted for building permits.
19. That prior to submitting water improvement plans, the developer shall submit a water system master plan,
including a hydraulic distribution nefinrork analysis, for Public Utilities Water Engineering review and
approval. The master plan shall demonstrate the adequacy of the proposed on-site water system to meet
the projecYs water demand and fire protecfion requirements.
20. 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 in a forrn approved by the City
Attomey shall be posted with the City of Anaheim.
21. That prior to rendering water service, the develope~ shalf submit a set of improvement plans for Public
Utilities Water Engineering review and approval in determining the conditions necessary for providing
water service to the project.
22. That prior to application for water meters, fire line or submitting the water improvemenf plans for approval, _
the developer/owner shall submit to the Public Utilities Water Engineering Division an estimate of #he
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
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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.
23. `That the property owner/developer shall provide the City of Anaheim with a public utilities easement to be ,
determined as electrical design is completed.
24. That any required relocation of City electrical facilities shall 6e at the developer's expense. Landscape ,
and/or hardscape screening of all pad mounted equipment shall be required and shall be shown on plans
submitted for building permits.
25. That the entire property shall be permanently maintained in an orderly fashion by providing regular
landscape maintenance, removal of trash or debris, and removal of gra~ti:within twenty-four (24) hours
fram time of discovery.
26. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
;damaged, diseased andlor dead.
27. That if required by the Urban Forestry Division of the Community Services Department, street trees shall
be installed, by the property owner, within the public rights-of-way adjacent to La`Palma Avenue. The
size,-type and number of trees shall be providetl to #he satisfaction of the Urban Forestry Division of the`
Community Services Department. ' Said information shall be specifically shown on plans submitted for
building permits.
28. That all air conditioning apparatus and other roof and ground-mounted equipment shall be properly
shielded from view and the sound buffered from adjacent residential properties and the pubNc right-of-way.
Such information shall be specifically shown on the plans su6mitted for building permits.
29. That all dwelling units shall be assigned street addresses, and all private streets shall be assigned street
names, by the Planning Department
30. That final landscape and fencing plans for the subject property shall be submitted to thePlanning
Department for review and approval. Said plans shall show minimum 24-inch box size trees, shrubs,
groundcover, and clinging vines to 6e planted in layers and shall also show decorative hardscape
treatment within the central courtyard area. The landscape materiaf selected shall be appropriate to the
width of either the parkway or the planter area. Any decision made by the Planning Department regarding
said plan may be appealed to the Planning Commission.. All trees shall be p~operly and professionally
maintained by the property owner to ensure mature, healthy growth. Such information shall be specifically
shown on the plans submitted for building permits.
31. That the approval of Conditional Use Permit No. 2006-05109 is hereby granted subject to the approval
of, and finalization of, Reclassification No. 2006-00179, now pending.
32. That the property owner shall submit a letter to the Planning Department requesting terminafion of ,
Conditional Use Permit No. 3689 (to permit an indoor volleyball training center with waiver of minimum
number of park+ng spaces).
33. Thaf subjecf property shall be developed substantially in accordance with plans and specifications '
submitted to the City of Anaheim by the applicant and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 26, and as conditioned herein.
34. That prior to issuance of a grading permit, or within a period of one (1) year from the date of this resolution,
whichever occurs first, Condition No. 2, above mentioned, shall be complied with. Extensions for further
time to complete said conditions may be granted in accordance with Section 18.60.170.
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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, 4, 5, 6, 7, 8, 11, 12, 13, 14, 15, 17, 18, 20, 24, 27, 28,
29, 30, 31 and 32, 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.
36. That prior to final building and zoning inspections, Condition Nos. 3 and 33, above-mentioned, shall be
' complied with.
37. 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.
38. 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 Municipat Code and
(iii) the applicant has demonstrated significant progress toward establishment of the use or approved
development.
BE IT FURTHER RESOLVED that the Anaheim Planning ,Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and
al1 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 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
sha11 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
October 2, 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
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CHAIRMAN, ANAHEI LANNIN COMMISSION
ATTEST:
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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PC2006-86
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM : )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby ce~tify
': that the foregoing,resolution waspassed and adopted at a meeting of the AnaheimPlanning Commission
held on October 2, 2006; by the foliowing vote of the members thereofi
AYES: COMM1SS10NERS: EASTMAN, FAESSEL, FLORES, ROMERO,<VELASQUEZ
NOES: :COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BUFFA, KARAKI
IN WITNESS WMEREOF, I have hereunto set my hand this ~ day of
~ ~o ~ 2 r ; 2006. ~
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SENIOR`SECRETARY, ANANEIM PLANNING COMMISSION