Resolution-PC 97-12~
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RESOLl1TION N0. PC97-'.2
A RESOLUTIOiV OF THE At~AHElM CITY PLANNING COMMISSION
THAT PEfITION FOR CONDITIONAL USE PEHMIT NO. 3905 BE GRANTED, IN PART
WHEREAS, the Anaheim Ciry Planning Commission did receive a verffied Petition for
Conditional Use Permit for certatn real property sftuated in the City of Anaheim, County of Orange, State of
California, described as:
L~TS 7, 8, 9, 10, 11 APID 12 OF THE McCARTER SUBOIVISION, LOTS 10, 11 AND
12 OF BLOCK'E" OF THE HEIMANN & SORRENSON'S AdDITION, LOTS 5, 6 AND
7 OF BLOCK "E' QF THE EYMANN SUBDIVISION, ANO LOTS 1,10,11 AND 12 OF
BLOCK "A" OF THE HEIMANN & SORRENSON'S ADDITION OF THE WESTERLY
57 FEEl', IN THE CITY rJF ANAHEIM, COUNTY OF ORANGE, STATE O~
CALIFORNIA, A5 PER MAP RECORDED IN BOOK 35 PAGE 17, OF
MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
WHEREAS,.the Ciry Planning Commission d(d hold a pubUc hearing at the ~„vic Center
(n tl~e City of Anaheim on ~'ebruary 3, 7997 at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance wfth the provisions of the Anaheim Municioal Code, Chapter
18.03, to hear and consider evidence for and against said proposed conditfonal use permit and to
investlgate and make flndings and recommendations in connection therewfth; anci that said pub~ic hearing
was continued to the February 19, 1997 Planning Commission meet(ng; and
WHEREAS, said Commission, after due inspection, investigation and study made by ftself
and (n fts 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 (s properly one for which a conditional use permit is authorized by
Araheim Municlpal Code Section 1?.32.050.045 and 18.32.080 to construct a 51-unft, 2-story, attached
"affordable" residential cor~dominium develapment with waivers of the foliowfng:
(a) Section 18.32.062.012
(b) Sections 18.32.063.012 -
18.32.063.022
and 18.32.063.028
(c) Section 18.32.063.02?
Maximum structural heiQht.
1 sto permftted within 150 feet of single-family residential
zoning; 2 stories proposed 10 to 7~ feet from RS-5000 zonfng)
Mfnimum structural setbacks.
(Required: 15-foof landscaceci setback along local strsets,
Proposed: 10 to 15 feet to R.~iele Street, 7 feet to Paul(ne Street,
5 to 15 feet to Cypress Street, and 4 to 15 feet t~ Olive Street;
Requ(red: 9-foot yard for dweiling walis containing widows to
habitable rooms,
Proposed: 5 feet to storage !ot zoned RS-5000; and
Required: 20-foot landscaped setback abutting one-family
residential ote~velopment,
Pro~sed: 2 to 20 feet, partially landscaped, to existing single-
family residences zoned RS-5000)
Minimum distance between oarallel wails.
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(d) ~ections 78.06.050.0121. - Min'mum number of oarkina saaces.
1 .0 .0
and 18 32.066.010
(e} Section 18 32.080•Q20 - Reaufred recreational/Ieisure aroa.
(Minimum 750 saft. re4uired per dwelling unft; 561 to 728 sa.ft.
proposed)
2. That waiver (a), maximum struct~~ral height, is hereby approved on the t~asis that the majoriry of the
adjacent and nearby single-family residential zoning is developed with uses other than single-famiiy
dwellings and Yhat where single-famiiy residential uses exist, satd uses are saparat2d fvom the
prop~sal by a pubUc street or alley; and that the proposed affordabie housing project is being
developed in accordance with the provisions of Chapter 18.J9 "Densiry Bonus" of 4he Anaheim
Municipal Code;
3. That waiver (b), minimum structural setback, is hereby approved on the basis that there are special
circumstances applicable to the property consisting of (ts irregular shape and its location and
surroundings, which da not apply to other identically zoned properties in the viciniry, because the
porch features whlch are closest to the streets add architectural reUef to the building facade along
Cypress Street, that the project extends nearly the entire block from Olive Street to the cul-de-sac
to the east end of the street, and that heavy mature landsc:aping will soften the ~ffect of the structural
setbacks; and that the proposed affordable housing project is being developed in accordance with
the provisions of Chapter 18.99 "Densiry Bonus' of the Anaheim Municipal Code
4. That wa(vers (c) anci (d) are hereby denied on the basis ttwt the need for ths waivers was eliminated
following public advertising of this proposat;
5. That walver (e), minimum recreationai/leisure area, is hereby approved on the bas(s that said
requirement can be compiied wfth by including areas in the front setbacks which will be fenced or
hedged for ~se as private recreaciaaal ,~ace by individual condominium owners; and that the
proposed affordabte hous(ng prolo^?:!~' '>:~ ~.~;:~:eveloped in accordance with the provlsions of Chapter
18.99 "Densiry Bonus" of the An3nc.~-' ,~`"~ ~~`.~-'~I Code
6. That strict application of the Zun?~• °.;~:;~a~'~~;~rNes the propPrty of priviteges enjoyed by other
properties undei klentical zoNng r,~~.~Yi~~`an in the vicinity;
7. That the proposed uso is properly one for which a condftional use permit ts authorized by the Zoning
Code; and thai sald deveiopment will provide home ownership In an area assembled by the
Redevelopment Agency to prov{~e replacement hous(ng for the mixed density housing which
previously exlsted on the proJect s(te for several decades;
S. That the proposed use will not adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located;
9. That the size and shape of the site for the proposed use is adequate to allow the full development
of the proposed use In a manner not detrimenta! to the particular area ~or to the peace, health,
safety, and general welf~re;
10. That the traffic generated by the proposed use will riot impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area;
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11. That the granting of the conditional use pem'iit~ under the condftions imposed, will not be detrimental
to the peace, health, safety arxJ general welfare of the cftizens of the Ciry of Anaheim;
12. That 2 people spoke with concems and submitted petitions with signatures in opposftion to subJect
proposal; and that no other coRespondence was recefved in opposition to ttie subJect petitlon.
CAUFORNIA ENVIRONMENTAL QIIALITY ACT FII~DING: That the Anaheim C'ity Planning
Commission has reviewerl the proposal to permft a 51-unft, 2-story affordabie condominlum complex with
waivers of maximum structural height, minimum structural setback, minimum distance between buildings,
minimum number of ~3rking spaces and minimum recreation-leisure area on an ircegularty-shaped parce!
consisting of approxfmately 3.79 acr.ss locateci 2t the northeast comer of Cypress Street and Olive Street
wfth frontages of approximately 215 feet on the east side of OINe Street and 832 feet on the north side
of Cypress Street, and located at the southeast comer of Pauline Street and Adele Street with frontages
of approximately 265 feet on the east side of Pauline Street and 55 feet on the south side of Adele Street,
and further described as 300, 30~5, 304 1/2, 308, 308 1/2, 312, 312 1/2, 314, 314 1/2 and 320 North Olive
Street; 300, 301, 306, 306 1/2. 308, 309, 310, 311, 312, 312 1/2, 315 and 317 North Sabina Street; 300,
305, 307, 312, 318 and 322 North Pauline Street; and 411, 415, 419, 421, 517, 521 and 527 East Cypress
Street; and does hereby approvs the NegatNe Declaration upon flnding that the declaration reflects the
independent Judgement of the lead agency and that it has considered the Negative Declaration together
with any comments recsived during the public review process and further finding on the basis of the inftial
study and any comments received that there is no substantial evidence that the project will have a
significant effect on the 9nvironment.
NOW, THEREFORE, BE IT iiESVLVED that the Anaheim C'ity Planning Commission does
hereby grant, !n part, subject Petitio e~er u~ft~~co theU ro osed use~of the~subjec9 prope~rty in orde rto
hereby found to be a necessary p q P P
preserve the safery and general welfare ~r tl~e Citizens of the City of Anaheim:
1. That this conditional use aermft is granted subje~t to ad~otion of a zoning ordinance in connection
with Reciassffication No. 96-97-09, r~ow pending.
2. That prior to approval of a precise grading plan, all condom(nium unfts shall be assigned a street
address by the 13uilding Division. All unfts shali be addressed from Adele Street, Olive Street, Cypress
Street, Pauline Street or Sabina Street.
3. That a precise grading pian shall be submitted to the Publfc Works Department Development Services
Division, for review and approval by the City Engineer.
4. That prior to grading pian approval, the developer shall submit a water qualiry management plan
(WoMP) specfftcally identifying the best management practices that will be used on-sfte to control
predictable pollutants from stormwater runoff. The WQMP shafl be submitted to the Public Works
Department, Devolopment Services Division, for review and approval.
5. That prior to grading plan approval, the rleveloper shall record a Sav~ Harmless Agreement, fn a form
approved by the Ciry Attomey, to accept public dra(nage.
6. That prfor to grading plan approval, the developer shall submit evidence to the PubUc Works
Department, Development Services DNision, that clear Yrtle has been obtaineci for all properties
(nclud2d on the teniatNe tract map.
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7. That trash storage areas shall be provided and maintained in a location acceptable to the Pubiic
Works Department, Streets and Sanitat(on Division. Said information shall be specifically shown on
tt~e plans submitted for building permits.
8 to the Public YJorksrDelpartment Str e9s and Sanlftation DNisionl for~eview and approvalsubmitte~
9. That an on-site trash truck turn-around area shall be provided and maintained to the satisfaction of
the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be
specifically shown on plans submitted for building permits.
10. That plans showing how the vehicular security gates and vehicie turn-around area will function shall
be submitted fo the City Traffic and Transportation Manager for review and approval.
11. That all exist(ng dri:+oways shall be removed and replaced with curb, gutter, sidewalk and
landscaping.
12. That a!I private streets shall be dsveloped in accordance with the Engineering Standard Detaii No.
122 fior private streets (the east-west access drNe, as shown on the submitted exhibits, does not meet
private street standards). (Private streets are those whlch provfde primary access and/or circulation
withfn the project.)
13. That gates shali not be installed across any driveway or private street in a manner which may
adversely affect vehicular traffic in the adjacent public streets. Installation of any gates shall conform
to Engineering Standard Plan No. 609 and shall be subject to the review and approval af the C'tty
Traffic 4nd Transportation Manager prior to issuance of a buiid(ng permft.
14. That plans shall be submitted to the Ciry Traffic and Transportation Manager for his review and
approval showing conformance wfth the latest revisions of Engineering Standard Plan Nos. 436, 601
and 609 pertaining to parkf~:~ standards and driveway locations. Subject property shali ihereupon
be developed and maintained in conformance with said plans.
15. That roll-up garage doors shall be shown on plans submitted for building permits. Said donrs shall
be insialled and maintained as shown on submitted plans.
16. That plans shall be submitted to the City Traffic and T~ansportation Manager for review and approval
to sh,ow conformance wEth Engineering Standard No. 137 pertaining to s(ght d(stance visibiiity for
fence, wall, landscaping and sign locations.
17. That clothes washer and dryer hookups shai! be incorporated into each condom(nium dwelUng unit
and shail be shown on the plans submitted for building permfts.
18. That an unsubordfnated covenant shall be recorded wfth the Office of the Orange County Recorder
agreeing to pravide the buyer of each dwelling unft with writ4en information obtained from the school
districts pertaininy to possible overcrowded conditions and busing status of the schools serving the
dweliing unit. A copy of the covenant shall be submitted to and approved by the City Attorney prior
to recordation. A copy of the recorded covenant shall be submiited to the Zoning Division.
19. That subject property shall be developed substantially in accordance wfth plans and specifications
submitted to the City of Anaheim by the petitioner at the February 19, 1997, Planning Commission
pubtlc hearing, and which plans are on file with the Planning Department labeled Revision No. 1 of
Exhibit No. 1 and Exhibft Nos. 2 through 9.
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20. That prior to issuance of a building permit or within a period of one (1) year ftom the date of this
resolution, whtchever occurs ftrst, Cond~ion Nos. 1, 3, 7, 8, 9, 10, 13, 14, 15, 1E, 17 and 18,
abave-ment(oned, shall be complied wRh. Extensions for further tfine to complete said condftions
may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
21. That prior to flnal building and zonfng inspections, Condition Nos. 1~, 12, 15, 19 and 23,
herein-mentioned, shall bo camplfed with.
22. That approval of this applfcation constitutes approval of the proposed reques~ only to the extert ti ;as
it complies with the Anaheim Municipal Zoning Code and any otFer appiicable Ciry, State and Fed~: al
regulations. Approvat does not includo any action or find(ngs as to comp!Eenca or approval of the
request regarding any other applicable ordinance, regulation or requirement.
23. That the condominium units located on the north side towards the west end of the project shall be
fully screened wfth large trees.
BE IT FURTHER RESOLVED that the Anaheim Ciry Plan^~ng Commission does hereby ~nd
and determine that ~doption of this Resolutfon is expressly predi~•; ;pon appllcanYs compliance wfth
each and all of the conditions hereinabove set forth. Should any su._~~ condition, or any part ihereof, be
declared invalid or unenforceable by the flnal judgment of any court of com~etent jurisdiction, then this
Resolutfon, and any approvats herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meoting of
Fabruary 19, 1997. ~
CHAIRPERSON ANAHEIM C PI.ANNING COMMISSION
AITEST: 7
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SFCRETA Y, ANAHEIM CIN PLANNING COMMISSION
STATE OF CALIFOR~IA )
CGUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Editii L Harris, Secretary of the Anaheim Ciry Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Ciry Planning
Commission held on February 19, 1997, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOY'JSTUN, BRISTOL, HENNINGER, MESSE, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MAYER
IN WITNESS WHEREOF, I have hereunto set my hand this ~.~ day of ~C~.n.~~
1997.
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SECRETARY, ANAFiEINi CITY PLANNING COMMISSION
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PC97-t2