Resolution-PC 2007-55• •
RESOLUTION NO. PG2007-55
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION "
THAT PETITIONFOR CONDITIONAL USE PERMIT N0. 2007-05186 BE GRANTED
(1745 SOUTH EASY WAY)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real propertysituated in the City of Anaheim, County of Orange, State of California,
described as
THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 20, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE
RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, THE SOUTHEAST QUARTER OF'SAID SECTION 20 IS
SHOWN ON A MAP FILED IN BOOK 17; PAGE 27 OF RECORD OF SURVEYS IN
' THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBEp AS
FOLLOWS: ,
BEGINNING AT TME POINT ON THE SOUTH LINE OF SAID SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER DISTANCE THEREON 553.00 FEET
EASTERLY FROM THE SOUTHWEST CORNER OF SAID SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER; THENCE NORTMERLY PARALLEL
WITH THE WEST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER, 189.00 FEET TO A POINT, SAID POINT BEING THE TRUE POINT O~
BEGINNING; THENCE CONTINUE ALONG SAID WEST LINE OF SAID
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER 161.00 FEET, THENCE
EASTERLY PARALLEL WITH SAID SOUTH LlNE 109.00 FEET, MORE OR LESS,
TO THE EAST LWE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF .
THE SOUTHEAST QUARTER; THENCE SOUTHERLY ALONG SAID EAST LINE
161:00 FEET, THENCE WESTERLY 109.00 FEET, MORE OR LESS, ON A LINE
PARALLEL WITH SAID SOUTH LINE THE TRUE POINT OF BEGINNING.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City
of Anaheim on May 30, 2007, 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 5-unit attached single-family residential
condominium complex with modification to standards is properly one for which a conditional use permit is
authorized by Anaheim Municipal Code Section Nos. 18.06.030.0040.0402 (Dwellings - Single-Family
Attached) and 18.06.160.
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 because the proposed project is compatible with
surrounding land uses and complies with all provisions of the code.
3. That the uses within the project are compatible and the new buildings are compatible with the
scale, mass, bulk, and orientation of existing buildings in the surrounding area. The project is consistent with
applicable design guidelines adopted by the City. ~
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`4. That the project complies with the General Plan and any applicable zoning.
5. That the proposed use would not adversely affect the adjoining Jand uses and the growth and
development of the area in which it is proposed because the size and shape of the site for theproject is
adequate to allow the full development of the proposed use in a manner not detrimental to the parficular area
as demonstrated by the lack of waivers.
6. That vehicular and pedestrian access is adequate. 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 because the project would be implementing the Corridor Residential land use designation of
the General Plan: This designation was environmentally analyzed as part of the environmental review
process required by the California Environmental Quality Act (CEQA) performed as part of the General Plan
Update approved by the City Council on May 25, 2004.
7. 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.
8. 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 togetherwith 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 fhe following conditions which are hereby found to be a
necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety
of the Citizens of the City of Anaheim:
1. That the Katella Avenue Widening Project (from Humor Street to Jean Street), and associated sewer
upgrade project, shall be awarded to a contractor, prior to the issuance of a building permit.
2. That prior to issuance of building permits, the City of Anaheim Sewer Impact and Improvement fee for the
Gombined West Anaheim Area shall be paid.
3. That final landscape and fencing plans in compliance with Zoning Code requirements 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 or a minimum brown trunk height of 8 to 10 feet, shrubs,
groundcover, and clinging vines to be planted in layers on all walls visible from the public right-of-way
and within landscaped setbacks. The landscape material selected shall be appropriate to the width of
the planter area. Any decision made by the Planning Department regarding said plan may be
appealed to the Planning Commission as a Reports 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 the plans submitted for building permits.
4. That final detailed elevation plans including colors and materials shall be submitted to the Planning
Services Division for review and approval. Any decision by staff regarding said plans may be
appealed to the Planning Commission as a"Reports and Recommendations" item.
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5. That prior to issuance of the first building permit, excluding model homes, the final map shall be
submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be
recorded in the Office ofthe Orange County Recorder (Subdivision Map Act, Section 66499.40).
6. That prior to issuance of building permits, the developer sha11 submit improvement plans to the Public
Works Department, Development Services Division to improve Easy Way in conformance with Public
Works Standard Detail 160-A. An 8-foot wide parkway landscaping strip and 4-foot wide sidewalk shall be
constructed with the parkway irrigation connected to the on-site irrigation system and maintained by the
property owner. Street trees shall consist of minimum 24-inch box Australian Willow trees, spaced
approximately 40 feet and 15 feef from driveways, light poles or in ground utilities. A bond to guarantee
improvements shall be posted in an amount approved by the City Engineer and a form approved by the
City Attorney prior to issuance of a building permit A Right-of-Way Construction Permit shall be obtained
from tfie Development Services Division for all work performed in the right-of-way.
7. 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.
8. That roll-up garage doors shall be shown on plans submitted for building permits. Said doors shall be
installed antl maintained as shown on submitted plans.
9. 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.
10. That an automatic fire sprinkler system shall be designed, installed and maintained as required by the
Fire Department. Such information shall be specifically shown on the plans submitted for building
permits.
11. 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.
12. That any required relocation of 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.
13. 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 street. That if gates are proposed, such
installation shall conform to Engineering Standard Plan No. 475 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 plans shall be submitted to the City Traffic and Transportation Manager for review and approval
of wall and fence locations to determine conformance with Engineering Standard No. 115.
15. That the owner shall be responsible for the relocation/removal of any traffic signal equipment or any other
related equipment in the event that street widening or the new driveway entry conflict with existing
equipment.
16. That the applicant shall provide a site plan and details, displaying the storage location of trash barrels
and the location of trash barrels to be collected on trash day. Adequate storage space must be
provided for curbside trash collection along Easy Way.
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17. 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 Controllnspector
before submittal for building permits.
18. Thatsince this project has a Common landscaping area exceeding 2,500 square feet, a separate
irrigation meter shall be installed and shall 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.
19. That all existing water services and fire lines shall conform to current Water Services Standards
Specification. Any water service and/or fire line that does not meet current standards shall be _
upgraded if continued use if necessary or abandoned if the existing service is no longer needed. The
applicant shall be responsible for the costs to upgrade or abandon any water service or fire line.
20. That prior to application for water meters, fire line or submitting the water improvement plans for
approval, the developer/owner shal( 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 tp
provide the sstimated 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.
21. That the owner shall submit a letter to the Planning Services Division requesting termination of
Conditional Use Permit No. 1075 (to permit a private educational institution for pre-school and
kindergarten) and Conditional Use Permit No. 1091 (to permit a 22-unit motel with waiver of location :
of a freestanding sign) since these permits are no longer necessary.
Prior to issuance of a qradinq permit the followina conditions shall be complied with:
22. That prior to the issuance of grading permit, the applicant shall submit a Final Water Quality
Management Plan to the Public Works Department Development Services Division for review and
approval.
23. That prior to the issuance of grading permit, the applicant shall submit a Drainage Study prepared by
a registered professional Civil Engineer in the State of California. The study shall 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 Qrainage shall be maintained. The study shall include: an analysis of 10-, 25- and 100-year storm
frequencies; and analysis of all drainage impacts to the existing storm drain system based upon the
ultimate project 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.
Prior to final buildinq and zonina ins~ections the followinp conditions shall be complied with:
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.
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• Submit for review and approval by the City an Operation and Maintenance Plan for all structural
BMPs.
25. That all improvements to the right-of-waysha4l be constructed prior to certification of occupancy.
26. That subject 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 3, and as conditioned herein:
General Conditions:
27. That all requests for new water services or fire iines, 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 Public Utilities Department:
28. That this Conditional Use Permit is granted subject to the approval of Reclassification No. 2007-
00192, and approval and recordation of Tentative Tract Map No. 17115, now pending.
29. That anytree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead:
30. 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 discovery.
31. That the CC&Rs for the development shall include provisions that (1) requires that the two-car
garages be utilized for the parking of vehicles and (2) that any parking in tandem to private garages
shall not preclude vehicular access for any other units.
32. That the small windows on the east elevation of the building shall be replaced with an architectural
element.
33. 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:
34. That timing for compliance with conditions of approval may be amended by the Flanning 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 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
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 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 30, 2007. Said resolution is subject to the, appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining to app procedures and may be replaced
by a City Council Resolution in the event of an appeaL
CMAIRMAN, A IM PLANNING COMMISSION
ATTEST:
ii~=~.r.^ /''~~o'W~'°
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF C~ALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OFANAHEIM ; ) ,
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
May 30, 2007, bythe following vote of themembers thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NqNE
ABSENT: COMMISStONERS: NONE
. IN WITNESS WHEREOF, I have hereunto set my hand this ~2-~'~ day of
~ , 2007.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION