Resolution-PC 94-2RES~QLUTION N0. PC94-2
A RESOLUTION OF THE r1NAH~IM CITY PLANNING COMMI~SIpN
THAT PE'1'ITION FOR CONDITIONAL USE PERMIT NO. 3655 BE GRAlJTED, IN PART
WHEREAS, the Anahelm City Planninfl Commissior; did receive a verified Petitlon for
Condltional Use Permit for certAin real property situatecf in the City of AnaFielm, Counry of Orange, State
of CalfFornia, describe~ as:
THAT PORTION OF BLO~i<S A, B AND C OF THE LORELEI TRACT, IN THE CI7Y
OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFQRNIA, AS SHOWN ON
THE MAP {~ECORDED IN BOOK 29, PAGE 24 OF MISCELLANEOUS RECflRDS
OF LOS ANGFLES COllNTY, CALIFORNIA, TOGi'THER WITH THAT PGRTION UF
BLOCI< E-1 OF THE VINYARG LOTS AS SHOWN ON TNE MAP RECORDED IN
BOOK 3, PAGES 109 AND 110 OF P~AISCELLANEOU.~r RECORDS AF SAID LOS
ANGELrS COUNTY, ALL LYING SOU7HERLY OF THE FOLLOWING DESC:RIBEp
LI N F:
BEGINNING AT A POINT ON THE CENTERLINE 01= EAST STREET, SAID POIN7
BEING NORTH 't4 ~EG. 28' ~1?" WEST 179.25 FE~T FRf3M THE CENT~RLINE
INTERSECTION ~F SAID EAST STRErT AND BAOADWAY (WEST); 7HENCE
PARALI.EL WITH THE CENTERLINE 4F SAID BRJADWAY SOUTM 75 DEG. 28'
05" WEST ?24.50 FEET TO THE BEGIN~JING OF A CURVE CONCAVE
NORTtiEASTERLY HAVING H RADIUS OF 20.50 FEET; THENCE
NOR7HWESTERLY i~, ~NG SAID CURVE 32.20 FEET THROUGH A CENTRAL
ANGLE UF JO DEG. OU' n~'; THE~lvE NOHTH t4 DEG. 31' 5~" WEST ~9.00
FEET; THENCE SOUTH 75 uL" .r,, 2g' 05" WESI' 931.16 FEET; THENCE SOU7H
1a DEG, 31' S5" EAST 97.0~ FEET ro TI-1~ H~GINNING AF A CURVE CGNCAVE
NORTHbVESTFRLY FIAVING A RF~DIUS f~F 20.50 FEF7; THENCE
SOUTHWESTERLY AI.ONG SAIQ CURVE 3~.20 FEET THROUGH A CENTRAL
ANGLE GF 90 DEG. 00' 00"; THEPJ(;E SOU7H 75 DE~. 28' ~)5" WEST 84.15 F~GT
T~ A POINT ON THE CENTERLINE OF ORANGE Sl'HEET, SAID POINT BEING
NORTI-I id DEG. 29' S8" WEST 181.25 F[Ef FROM THE C;ENTEFiLiNE
INT~RSECTIOfV ~JF SAIU ORANGE STREET AND BROADWAY.
EXCENT THOSE F'ORTIONS LYtNG WI7MIN EAST STREEf, BRaADWAY AND
QRANGE STREE~1'.
WHCRE ~S, the Cfty Planning Commfssfon did hold a publ(c hoaring at tiie Civic Center
in tho City of Anaheim on January 10, 1994 at 1:30 p.rn., nutice ot said publ(c hoaring having been duly
given as required by ~aw and in accordance witl~ the provisio~s of the Anah3fm Municlpal Code, Chapter
t 8.Q3, to hear and conslder ovidence for and aga(nst said proposed co~dit(onal use permh and to
investig~te and make findings and recommendatlons in connection tl~erewith; and
WHEREAS, said Ccsmm(ssion, atter dua Inspectlon, Investigation and study made by Itsoli
and (n its behalf, and efte~ due consideratlon ~f all evfdence and raparts offored at sald hoar{ng, does find
and determine thQ following focts:
t. That tho proposed usv is prnperty one tor which a conditional u5e permft is authorized by
Anahoim Mun(cipal Code Sectfon 18.32.050.n45 to construct d 65-unY, 2-ctory, NM-24()0 (Ro3ldent(al,
Multiple Family) zoned attached condominfurr. development with waivers of the foliowing:
CRt984MS.WP -t- PC94-2
, . ..~..
(a) e~ti n 18,01•1~Q • L c re uirod to abi~t a rniblic streot.
(~II lots requlred to abut {Zublic street;
Lot Nos. 88, 89, 94 and 95 abutting ,~rivate stre,g~ proposed)
(b) _,S,~ctions 18.04.On3.102 - Maxlmum f_ ence {i I~h'.
n 1$.32.064.07~ (6 foot high wall permftted in requfred side and rear yards;
~ foot tiloh b!ock wall pro~osed alon~ rallro~~d right-of-way)
(c) ,~g.~,n 1~72.080.020 - R~q~.l.red recreation lois~ro aroa.
(d) ~e tion 1. 2.063.011 - Minimum strur,turAl setbaclc•
2( 0 foot f I~,ly landscaood setback requfred frnm socondary arterial
highways; 15 to 20 fieet proposed iram Broadway)
2. That waiver (a) pertalning to the requfrement that 211 lots abut a public streot Is horAby
granted an the basis thet tt~ere is a speclal circumstance appilcabla to the property consio'ing of Its lar~e
sizo, which doo~ not apply to other fdentically zoned properties in iho vicinity, and ;hat the proposed
pri~~ate street systom will provide an Adequate on-site circulation system;
3. That waivar (b) perta(ning to maximum wall height is granted on the basls that there fs a
special circumstance applicable to the pi~c~perty, whfch d~es not apply io other ldentfcally zoned properties
in the viclnfty, consisting of its location and surroundings adjacent to railros~d tr~cks, which tracks create
a physical hardshfp and adverse impact on residential developm~,nt af the proparty thereby warranting
approval of a wall he(ght waiver to protect fucure resfdontial uses;
4, That waiver (cj Is horehy denled on tfie basis th~t it was withdrawn following public
advart(sement;
5. That waiver (d) Is hereby granted on tha basi~ ihat thsre are special circumstancas
applfcable to tho property such as siza, shape, topography, (ocatir~n nr surroundings, which cio not apply
to other (dentically zonad proportles in the vicinity;
6. Tt~at strict applicatlon of the zoning Code daprives tho propeKy of p-;~ilegoa en)oyed by
other propor4les tn idontical zoning classificAtion in the vicinfty;
7. That the prop~sed use fs praperly one for which a cond(tfonal use permit is autf~orized by
the 7.oninc~ Cocle;
8. 7hat the proposed use will not Adversely afFeat tho adJoining land uses and the growth and
development ~f the area In which it is proposed to be lacated;
9. That the size ard shapo of the ~ite for the proposod us;~ is adequate to ellow the full
development oi the proposed uso iri a manner not detr(mental t~ the particular ar~ea nor to the peace,
health, sa(ety, and general welfare;
10. Th~t the traffic gonerated by the proposed use wfll not imposo an undue burden upon the
streets and highways designod and imprr~vecl to carry the traffic in the area;
11. That the granting oE tne conditional use permit under the conditions impasecf will not bo
detrimental 4o the peaco, hRalth, safety and generai welfGre of the citizens of the Cfty of An3hetm.
12. Thae one concern~~d person (i~dicated h!s preser~ce at saEd public hearing; and that no
corrsspondence was roceived in opposition to the subJect petition.
-2- PC94-2
~ALIFORNIA F.NVIFiONMENTAL QUALIT~CT F NDI : ThAt 2ho Anaholm Cfty PlanninQ
Commfssfon has reviewed the propusal to:
(a) Reclassify Portion A(the approximately 13.75-acre norttie~ly portion of subject pror:~rty) from tho RM-
t200 (Residontial, Muitiple-Family), CL (Commercial, Limitecl), RM-2400 (Residential, PVlultiplo-Famlly),
RS-7200 (Resldontfal, Sfngle-Farnily) and ML (Industrial, Limited) Zone to tho RM-3000 (Rosidential, MulNple-
~'amily) or a less intense a_one to construct a 2-story, 87 unit dotached aondom(nfum devslopment with
wafvers uf requframe~t that lots abuG a public street, maximum fence height, pormitted resldentlal structuros
and mfnimum distance ht~tween ~arallel building walis;
(b) Reclassify Portlon B(the appc oximately 5.68•acre southorly portion of subject property) from tha ~iM-
1200 (R~sidentl~l, Multiple-Family), RM-2d00 (Residential, Multfple•~amily), RS-7200 (Reaidential, Single-
Family) and ML (Industrlal, limited) Zune to the RM-240Q (Residentlal, P~~~~!:i,~le•Famfly) or a loss Intenso
zone to construct a 2•story, 65 unft attactied condominium devPlopmont with walvers of the requiroment
that lots abut a publ(c street, maximirn ience height, mfnimum recreatlon lefsurc~ t~rea and minimum
structural setback;
(c) Waiva Council Policy No. 542 t~ construct resid~nces within 1U0 feet of t~ rAllroad right•of-way on
bc~th Port(ons A and B; and
(d) Establish a subdivision consistiny ot 95 numbored lots and 4 lettnred lots (Portion A: 87 single famlly ~ M
lots, and Portfon B: 8 lots contalning 65 alr space residentfal condominium units ar~ a lettered lots)
on a rectangulariy-shaped parcel of land consistinfl of approxfmatoly 20 acres ~eneratly bounded by
Lincoln Avenue on the narth, Broadway on the soinh, East Streot on the east and the Atchlson-Topeka
and Santa Fe railroad right-of-way on the wcsh aiid does hereby approve the Nagative DAClaratlon upon
finding that the declaratlon reflects the (ndepondsnt judgement of the lead ngency and that it has
consldered the Nogative Lleclaration tugether witYi any comments received during the publlc revfew
process and further finding on the basis of the initial study and any comments recolved that tFiere Is no
substantiai evidence that the proJect will have a s(g~f(Icant effect on the envfronment.
NOW, THEREFQR~, BE IT RESOLVEI~ that the Anahetm City Planning Commis5lon does
horeby grant subjoct Fetit(on ior Conditional Use Permit, in part, upon tF~e follow~ng aondftions which are
hereby found to be a necessary preroquisite to the proposed use oi the subJect property In order to
pre~ erve tho saFety and general welfare of the Citizens of the City of Anaheim:
1. That the lagal praperty owner/d~veloper shali pruvide and instail underc~round condults, substructures
and related materfal in accordance with City of Anahefm Electrical Englneoring Drawings and wfth the
City Electrical Rates, Rules, and Regula.t(ons far Underground Line Extensions.
2. That clothes washer and dryer ho~kups sha11 be fncorporated fnto each condom(nium dwslling unit
end sliall be shown on the plans submitted for building permits.
3. That the appllcable trafflc sfgnal assessment tee shall be p21d to tho City of Anaheim fn ar amount
~stablished by City Council Resolution.
4. That the developer shall pay a traffic and tra~isportatfon improvament (ee to the Ciry Traffic
Engineer(ng Dfvisfon, in an amount establishod by the Cfty Council Resolutfan. This fee wlll be us~d
to fund traffic anc! transportation improvemonts witl~in the arQa impacted by thls proJect. Said fee
shall be subject to ad~ustmant by the City Council.
5. That plans show(ng the operation of the vehicular securfty ~ates and turn-around area shall be
submitted to and approved by the City Traffir, and Transportation Manager.
-3- PC94-2
6. That gates shall not b~ installed across any drlveway or private street in a manner which may
adversely affect vehicular traffic on tho adJacent p~iblic streets. Installation of any gates shall conform
to Engfneering Standard Plan i~o. 609 and shall be subJect to the review and approval of thA f;fty
Traffic and Transportatlon Managor.
T. That plans shall be submitted to ti~e City 'fraffic and Tran~portation Manager for his revlew and
approval showinfl conformance with tlie I~test revisiuns nf ~ngineering 8tandard Plan Nos. ~6 and
601 pertaining to pnrkfng standards and drivaway lou~tlons. SubJect property shall there~ipon be
developed and maintained in co~formanco with said plans.
S. That all driveways shall be constructed with ten (10) foot radius curb returns as requir9d by the Clry
Engineer In confarmance with Engineerinc~ Standard tvo. 137.
g. That roll-up garape doors having mfnimum widths ~f slxteen (16) feot and with minimum twenty (20)
foat long driveways shall be shown on plan~ submitted for bullding pormits. Sald doors shall be
Instailed and mafntainod as shown on submitted plans.
10. That parkfng ~pac~s In froni of flarage d~ors m~y count toward tho minimum ~arkfng roquiromant
far the underlyfnc~ dwellfng unit only.
11. That an on-site trash tn~ck turn around area be provfded fn accordance wlth Engfnoering Stsndard
Detail No. 6t0 and as required by the Department of Mafntenanco.
12, That trash storage areas shall be prov(dod and mafnta(ned fn a location acceptable to the Dopartment
of Mafntenance and In accordance with approved plans on file with sald Depaitmont. Such
infarmat(on shall be specif(cally shown on the plans submittod for building permits.
13. That a plan sheet for solid wasto storage and collection, and a plan for recycifng shall be submittod
to the Department of Mafntenance for roview and approval.
t4. That prlor to commencemant of structural (ramfnc~, fire hydrants shall be InstallecS and char~ed a3
req~ired and appr~ved by the Fira Department.
15. That any IockablA pedestrian andJor vehicular access gates shall be equipp~d wfth 'knox box"
devices as requfred and approved by the Fire Department.
16. That the front yards along Broadway shall be enclosed by a combination of wro~ght fron fencing and
shr~!bbery a min(mum of thirty six (36) to forty two (42) inches high.
17, That s~~bjoct property shall be developed substantially tn accordance with plans and specifications
submittt~d to the City of Anahofm by the petitioner and which plans are on file with the Planning
Department markad Exhibft Nos. 1 through 19.
18, That prior to issuance of a building permit or wfihin a periocl of une (1) year from the date of tiiis
resolutfun, wh(chever occurs first, Condition Nos. 3, 4, 5, 6, 7, 9, 12 and 13, above•mentioned, shall
be complied with. Extensions for further time to completo said conditlons mAy be granted In
accordanco wfth Section 18.03.090 of the Anaheim Munfcioai Code.
19. That prior to final building and zoning inspections, Condition Nos. 1, 2, 8, 11, 15, 16 and 17,
above-ment(one~, shall be compl(ed with.
20. ThTt approval of this appl(catl~n constitutes approval of the proposed request only to the extent that
it complies with tho Anahefm Munic(pal Zoning Code and any other apR~i~ble City, State and Federal
regalations. Approval does not fnclude any actfon or findfngs as to complianco or approval of tha
request regarding any other appiicabfe ordfnance, regulation or requ(ramont.
.q_ PC94-2
,•-.,
r~
BE IT FURTHER RESOLVEi~ that ti~a Anahelm Ciry Planning Commisslon does hereby flnd ~
and determine that odoption of this Resolutfon is expressly predicnted upon applicanYs compllanc9 wfth
oarh and all uf tho conditions herainabove set f~rth. Shauld any such aondlt!~n, ~r any part thereof, ba
declar~d invalld or unenforceable by the fin;.:! ;~~dpmvnt of any court of ccmpetent Jurisdictlon, then thi;, `~
Resolution, and any approvals Fiorein contained, shull be deomed null and void.
THE FOREGOING R~SQLUTION was adopted at tha Planning Commission meQting of ~
January 10, 1994. :
~ ~ ~
~~~~ -~d~~---
CHAIRMAN ANAHEIM C;ITY FLANNING CGMMISSION
ATTEST: '
~~ ~ ~x~1 ~
CRE7ARY, AN~ IM CITY PIANNING COMMISSION
C~ ~ .
STATE OF CALIFQRNIA )
COUNTY OF ORANGF ) ss.
CITY OF ANF,HEIM ) ~
I, Janet L Jenson, Secretary of the Anaheim c:ity Plannin~ Commisslon, do hereby ce~rtify
that tho foreguinp r~solution wa~ passed and adopted at a meeting af tha Anahelm Cfry Plannin~
Commission held on Janusry 10, 1994, by the foilowing votu oE the membare thereof:
AYES: CUMMISSIOtJERS: BOYDSTUN, CAIDWELL, HENNINGER, MA'(ER, MESSE, PERAZA, TA{T
NOE~: COMMISSIONERS: NONE
ABSE~J7: COMMISSlaNERS: NOIvE
IN WI7NESS WHEREQF, i have hereunta set my hand this ~ day nf
1994.
~~~
/ ~. , . . ~~~' °~- / -
gE~ =TARY, A~'1HFI CiTY Pl./>NNING COMMISSION
-5- PC94-2