RES-2011-041RESOLUTION NO. 2011- 041
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING CONDITIONAL USE PERMIT
NO. 2010 -05515 AND VARIANCE NO. 2010- 04815.
(DEV2010- 00087)
WHEREAS, the Anaheim City Planning Commission (hereinafter "Planning
Commission ") did receive a verified Petition for Conditional Use Permit No. 2010 -05515 to
permit the construction of 32 single - family residences with a reduced rear yard setback area of
13 feet, 6 inches for 13 of the 32 units for that certain real property located at 851 - 905 South
Western Avenue in the City of Anaheim, County of Orange, State of California, as more
particularly shown in Exhibit "A ", attached hereto and incorporated herein by this reference (the
"subject property "), and Variance No. 2010 -04815 to allow reduced driveway lengths for 18 of
the 32 lots:
Section No. 18.42.030.040 Minimum driveway length:
(20 feet required; 18 feet proposed)
WHEREAS, the subject property is currently located in the T (Transition) Zone
and the Anaheim General Plan designates this property for Corridor Residential land uses; and
WHEREAS, Conditional Use Permit No. 2010 -05515 and Variance No. 2010-
04815 are proposed in conjunction with (i) Reclassification No. 2010 -00238 to reclassify the
property from the T (Transition) Zone to the RS -4 (Single - Family Residential) Zone, and (ii)
Tentative Tract Map No. 17387 to establish a 32 -lot subdivision to permit the construction of 32-
single- family residences, including lettered lots for non - residential purposes; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on September 27, 2010 at 5:00 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 "Procedures ", to hear and consider evidence for and against said
conditional use permit and variance and to investigate and make findings and recommendations
in connection therewith; and
WHEREAS, the Planning 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, did adopt its Resolution No. PC2010 -086 granting Conditional Use
Permit No. 2010 -05515 and Variance No. 2010- 04815; and
WHEREAS, within the time prescribed by law, an interested party or parties did
appeal said Planning Commission decision to the Anaheim City Council; and
WHEREAS, thereafter, the City Council did set the matter for a de novo hearing,
which public hearing was duly noticed in the manner provided by law; and
WHEREAS, on November 9, 2010, the City Council did hold and conduct such
public hearing and did give all persons interested therein an opportunity to be heard, and did
receive evidence and reports, including all the evidence submitted to the Planning Commission at
the time of its hearing upon said application, and did consider the same; and
WHEREAS, on November 9, 2010, the City Council, after due inspection,
investigation and studies made by itself and in its behalf and after due consideration of all
evidence and reports offered at said hearing, did adopt its Resolution No. 2010 -198 granting
Conditional Use Permit No. 2010 -05515 and Variance No. 2010 - 04815; and
WHEREAS, thereafter, within the time prescribed by law, an interested party or
parties did request a rehearing of such matter by the City Council; and
WHEREAS, on December 14, 2010, the City Council approved the Request for
Rehearing and did set the matter for a de novo hearing, which public hearing was duly noticed in
the manner provided by law for January 11, 2011; and
WHEREAS, at the request of the Petitioner, the City Council continued the public
hearing from January 11, 2011 to February 15, 2011. On February 15, 2011, the City Council
continued the public hearing to March 22, 2011; and
WHEREAS, on March 22, 2011, the City Council did hold and conduct such
public hearing and did give all persons interested therein an opportunity to be heard, and did
receive evidence and reports, including all the evidence submitted to the Planning Commission at
the time of its hearing upon said application, and did consider the same; and
WHEREAS, after careful consideration of the recommendations of the Planning
Commission and all additional evidence and reports offered at said public hearing before the City
Council, the City Council does hereby find and determine, with respect to said conditional use
pen that all of the conditions and criteria set forth in the Anaheim Municipal Code are present
as follows:
1. The uses within the project are compatible because all proposed uses are
residential and consistent with the existing neighborhood characteristics.
2. The proposed structures related to the project are compatible with the scale,
mass, bulk, and orientation of existing buildings in the surrounding area and further conform to
the provisions of the proposed zoning.
3. Under the conditions imposed, vehicular and pedestrian access is adequate to
allow safe ingress and egress to and from the site.
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4. The reduced rear yard setbacks for 13 of the 32 lots will not adversely affect
the adjoining residential land uses or the general growth and development of the area in which
the residential development is proposed to be located.
5. The impact upon the surrounding area has been mitigated to the maximum
extent practicable by providing variation in the reduced rear yard setback in order to stagger the
footprints of the structures to provide an aesthetically pleasing streetscape.
6. The project complies with the General Plan and Subdivision Map Act.
7. The size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area or to the
health and safety.
8. Under the conditions imposed, the traffic generated by the proposed
residential subdivision will not impose an undue burden upon the streets and highways designed
and improved to carry the traffic in the area because the traffic generated by this use will not
exceed the volume of traffic planned for the streets and highways in the area.
WHEREAS, the City Council does further find and determine that the requested
variance to allow reduced driveway lengths for 18 of the 32 lots should be approved for the
following reasons:
1. The variance pertaining to the minimum driveway length is hereby approved
because strict application of the Zoning Code would deprive the property of privileges enjoyed
by other properties under identical zoning classification in the vicinity because of the narrowness
of this property's width. In addition, approval of this variance would create a visually appealing
streetscape that provides variation in the building footprints which enhances the overall quality
of the project.
2. There are also special circumstances with respect to the property's size, shape
and depth in relation to other residentially zoned properties in the immediate vicinity which are
larger than the independent parcels proposed in conjunction with this request. Improvement of
this property is restricted by these characteristics creating a development hardship.
WHEREAS, the City Council has reviewed the proposal and does hereby find that
the Negative Declaration is adequate to serve as the required environmental documentation in
connection with this request 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 City Council, for the reasons
hereinabove specified, does hereby grant Conditional Use Pen No. 2010 -05515 to pen the
construction of 32 single- family residences with a reduced rear yard setback area of 13 feet, 5
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inches for 13 of the 32 units and Variance No. 2010- 04815 to allow reduced driveway lengths
for 18 of the 32 lots.
BE IT FURTHER RESOLVED that the City Council does hereby grant
Conditional Use Permit No. 2010 -05515 and Variance No. 2010- 04815 subject to the conditions
of approval as stated in Exhibit "B" attached hereto and incorporated herein by this reference,
which conditions are hereby found to be a necessary prerequisite to the proposed use of the
subject property in order to preserve the health, safety and general welfare of the citizens of the
City of Anaheim. Extensions for further time to complete conditions of approval may be granted
in accordance with Section 18.60.170 of the Anaheim Municipal Code. 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 FURTHER RESOLVED that Conditional Use Permit No. 2010 -05515 and
Variance No. 2010 -04815 are hereby approved subject to the approval of Reclassification No.
2010 -00238 and Tentative Tract Map No. 17387, now pending.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation
of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Anaheim
Municipal Code.
BE IT FURTHER RESOLVED that the City Council 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 conditions, 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 approval of this application constitutes
approval of the proposed request only to the extent that it complies with the Anaheim 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.
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. Failure to pay all charges shall result in the revocation of the
approval of this application.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 22nd day of March , 2011, by the following roll call vote:
AYES: Mayor Tait, Council Members Eastman, Galloway, Murray
NOES: Council Member Sidhu
ABSENT: NONE
ABSTAIN: NONE
CITY OF ANAHE
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By:
MAYOR OF THE OTY OF ANAHEIM
ATTEST:
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CITY LERK OF THE CITY OF AHEIM
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EXHIBIT "A"
DEV2010 -00087
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2010-05515
(DEV2010- 00087)
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REVIEW BY
SIGNED
NO.
CONDITIONS OF APPROVAL
OFF BY
PRIOR
TO THE ISSUANCE OF BUILDING PERMIT
1
All backflow equipment shall be located above ground outside of the street
Public
setback area in a manner fully screened from all public streets and alleys. Any
Utilities -
backflow assemblies currently installed in a vault shall be brought up to
Water
current standards. Said information shall be shown on plans and approved by
Engineering
Water Engineering and the Cross Connection Control Inspector before
submittal for building permits.
2
All requests for new water services or fire lines, as well as any modification,
Public
relocations, or abandonments of existing water services and fire lines, shall be
Utilities -
coordinated through Water Engineering Division of the Anaheim Public
Water
Utilities Department.
Engineering
3
This project has a new landscaping area exceeding 2,500 square feet, a
Public
separate irrigation meter shall be installed in compliance with Chapter 10.19
Utilities -
of Anaheim municipal Code and Ordinance No. 5349 regarding water
Water
conservation.
Engineering
4
All existing water services and fire lines shall conform to current Water
Public
Services Standards Specifications. Any water service and /or fire line that does
Utilities -
not meet current standards shall be upgraded if continued use is necessary or
Water
abandoned if the existing service is no longer needed. The owner /developer
Engineering
shall be responsible for the costs to upgrade or to abandon any water service or
fire line.
5
The legal property owner shall irrevocably offer to dedicate to the City of
Public
Anaheim (Water Engineering Division) an Easement twenty (20) feet in width
Utilities -
for water service mains and /or an Easement for large meters and other public
Water
water facilities.
Engineering
6
Prior to apply for water meters, fire line or submitting the water improvement
Public
plans for approval, the developer /owner shall submit to the Public Utilities
Utilities -
Water Engineering an estimate of the maximum fire flow rate and maximum
Water
day and peak hour water demands for the project. This infonnation will be
Engineering
used to detennine the adequacy of the existing water system to provide the
estimated water demands. Any off -site water system improvements required to
serve the project shall be done in accordance with Rule No. 15A.6 of the
Water Utility Rates, Rules, and Regulations.
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7
Water improvement plans shall be submitted to the Water Engineering
Public
Division for approval and a performance bond in the amount approved by the
Utilities -
City Engineer and from approved City Attorney shall be posted with the City
Water
of Anaheim.
Engineering
8
Prior to rendering water service, the developer /owner shall submit a set of
Public
improvement plans for Public Utilities Water Engineering review and
Utilities -
approval in determining the conditions necessary for providing water service
Water
to the project.
Engineering
9
Prior to approval of permits for improvement plans, the property
Public
owner /developer shall coordinate with Electrical Engineering to establish
Utilities -
electrical service requirements and submit electric system plans, electrical
Electrical
panel drawings, site plans, elevation plans, and related technical drawings and
Engineering
specifications.
10
Prior to connection of electrical service, the legal owner shall provide to the
Public
City of Anaheim a Public Utilities easement with dimensions as shown on the
Utilities,
approved utility service plan.
Electrical
Engineering
11
Prior to connection of electrical service, the legal owner shall submit payment
Public
to the City of Anaheim for service connection fees.
Utilities,
Electrical
Engineering
12
Street improvement plans shall be submitted for improvements along the
Public Works
frontage of Western Avenue and the private street. Improvements shall conforin
to the City Standards and as approved by the City Engineer and shall include
Development
sidewalk, curb and gutter, catch basins, parkway landscaping, accessible ramps,
Services
utility and street light relocation as required, and parkway irrigation connected to
the private on -site main. Prior to issuance of a building permit, a bond shall be
posted for the public improvements in an amount approved by the City Engineer
and a form approved by the City Attorney.
13
Prior to issuance of the first building pen and right -of -way construction
Public Works
pen for the stone drain and sewer, whichever occurs first, a Save Harmless
—
in -lieu of Encroachment Agreement is required to be recorded on the property
Development
for any private stone drains connecting to a City stonn drain.
Services
14
Prior to issuance of the first building permit, excluding model homes, the final
Public Works
map shall be submitted to and approved by the City of Anaheim Department of
—
Public Works and the Orange County Surveyor for technical review and that all
Development
applicable conditions of approval have been complied with and then shall be
Services
filed in the Office of the Orange County Recorder.
15
Prior to the issuance of a building pennit, plans shall be submitted showing
Public Works
stop control for the private street. A stop sign shall be installed and STOP
— Traffic and
legend shall be painted in the eastbound direction at Western Avenue prior to
Transportation
final building and zoning inspection. Subject property shall thereupon be
Services
developed and maintained in conformance with said plans.
16
Prior to the issuance of a building permit, foundation system plans shall be
Public Works
submitted the Building Division demonstrating compliance with the
requirements of State of California Special Publication 117A (Guidelines for
_
Development
Evaluating and Mitigating Seismic Hazards). Specifically, the design of the
Services
proposed 32 detached single - family dwellings will include a foundation
system to account for the potential effects of soil liquefaction.
17
Prior to the issuance of a grading permit, the applicant shall submit to the
Public Works
Public Works Department, Development Services Division for review and
—
approval a Water Quality Management Plan that:
Development
• Addresses Site Design Best Management Practices (BMPs) such as
Services
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 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 Treatment Control BMPs.
18
Prior to issuance of the grading permit, the OWNER shall demonstrate that
Public Works
coverage has been obtained under California's General Permit for Stormwater
—
Discharges Associated with Construction Activity by providing a copy of the
Development
Notice of Intent (NOI) submitted to the State Water Resources Control Board
Services
and a copy of the subsequent notification of the issuance of a Water Discharge
Identification (WDID) Number. The OWNER shall prepare and implement a
Stormwater Pollution Prevention Plan ( SWPPP). A copy of the current
SWPPP shall be kept at the project site and be available for City review on
request.
19
Prior to issuance of the grading pennit, the OWNER shall submit project
Public Works
improvement plans that incorporate the drainage improvements required, and
the mechanisms proposed, in the site specific Drainage Report dated
Development
1/13/2011. No off -site run -off shall be blocked during grading operations
Services
and drainage improvements receiving off -site run -off shall be installed during
the installation of the north perimeter wall.
20
Within ninety (90) days of the date of this resolution, or prior to the issuance
Public Works
of the first building permit, whichever occurs first, a conformed copy or a
—
copy of recorded agreement to reserve drainage easements shall be submitted
Development
for the following: 5 -foot wide private drainage easements for the proposed
Services
Ll private
stone drains located within the lots that accept off -site drainage across
the north Tract boundary.
PRIOR TO THE FINAL BUILDING INSPECTIONS
21
The required public improvements shall be installed prior to final zoning and
Public Works
building inspection.
_
Development
Services
22
The property owner /developer shall:submit the Final As- Graded Grading Plan
Public Works
and demonstrate that all structural BMPs described in the Project WQMP have
been constructed and installed in conformance with approved plans and
Development
specifications.
Services
23
That prior to final building and zoning inspection, the applicant shall:
Public Works
• Demonstrate that all structural BMPs described in the Project
WQMP have been constructed and installed in conformance with
Development
approved plans and specifications.
Services
• 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.
24
That prior to final building and zoning inspection, fire lanes shall be posted
Public Works
with "No Parking Any Time." Said information shall be specifically shown on
—
plans submitted for building pen
Development
Services
25
Until such time that a two -way left turn lane is installed on Western Avenue
adjacent to the project, movement to and from the private street shall be
public Works
restricted to right turn in- right turn out. Prior to final inspection, appropriate
— Traffic and
signage shall be installed on Western Avenue and the private street consistent
Transportation
with the current version of the California Manual of Uniform Traffic Control
Services
Devices.
GENERAL
26
Implementation of this conditional use permit is contingent upon City Council
Planning
adoption of an ordinance finalizing Reclassification No. 2010- 00239,
Division
reclassifying subject property from the T (Transition) to the RS -4 (Single - Family
Residential Zone.
27
On -going during project operation, no parking areas shall be fenced or otherwise
Code
enclosed for outdoor storage purposes.
Enforcement
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28
On -going during project construction, the project shall comply with SCAQMD
Rule 403 regarding the control of fugitive dust emissions and existing City of
Planning
Anaheim dust suppression practices that minimize dust and other emissions
through frequent watering of the site, street sweeping, suspending grading and
Department,
Building
excavation activities in high winds (25 mph or more), and a traffic control plan
Division
to minimize traffic flow interference from construction activities, etc., that will
be incorporated into the construction plans.
29
Prior to commencement of structural framing, fire hydrants shall be installed
Fire
and charged as required and approved by the Fire Department.
Department
30
An all- weather access road as approved by the Fire Department shall be
Fire
provided during construction.
Department
31
Fire hydrants shall meet minimum Fire Department Specifications and
Fire
Requirements for spacing, distance to structure and available fire flow.
Department
32
Emergency vehicular access shall be provided and maintained in accordance
Fire
with Fire Department Specifications and Requirements.
Department
33
The Conditions, Covenants and Restrictions (CC &R's) shall restrict parking of
Planning
recreational vehicles, including but not limited to boats, travel trailers and
Division
motor homes on the private street and within the front setback areas of the
residential tract.
34
The subject property shall be developed substantially in accordance with plans
Planning
and specifications submitted to the City of Anaheim by the petitioner and
Division
which plans are on file with the Planning Department marked Exhibit No. 1
(Tentative Tract Map and Site Plan) Exhibit No. 2 (Elevation Plans) Exhibit
No. 3 (Floor Plans) Exhibit No. 4 (Landscape Parkway Plan) Exhibit No. 5
(Conceptual Landscape Plan) as conditioned herein.
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