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Resolution-PC 2011-064RESOLUTION NO. PC2011 -064 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2011 -05565 AND VARIANCE NO. 2011 -04858 (DEV2010- 00179) (3323 WEST BALL ROAD) WHEREAS, the Anaheim City Planning Commission (hereinafter "Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2011 -05565 and Variance No. 2011 -04815 to permit the construction of 25 single- family residences with 13 units having decreased side yard setback areas measuring 3 -feet, 5- inches to 4 -feet, 8- inches; reduced rear yard setback areas to 6 -feet, 4 inches; and, to allow lots to maintain driveway lengths smaller than required by code on a 3.19 -acre parcel for that certain real property located at 3323 West Ball Road 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 WHEREAS, the subject property currently contains an approximate 1,000 square foot garage structure and is located in the T (Transition) Zone proposed to be reclassified to the RS -4 (Single Family Residential) Zone in connection with this application. The Anaheim General Plan designates this property for corridor residential land uses; and WHEREAS, Conditional Use Permit No. 2011 -05565 and Variance No. 2011- 04858 are proposed in conjunction with Reclassification No. 2011 -00243 and Tentative Tract Map No. 17416; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 29, 2011 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 proposed 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 with respect to the request for an amendment to the conditional use permit and a variance, does find and determine the following facts: The applicant requests Conditional Use Permit No. 2011 -05565 with deviations from the following code sections to permit a reduced side yard setback for the 13 of the 25 single family homes and additionally reduced rear yard setbacks for all units: 1 PC2011 -064 SECTION NO. 18.040.100.010 & 18.04.160 Minimum side yard setback. (Setback requirement established by conditional use permit; 3 feet5 inches to 4 feet 8 inches proposed). SECTION NO. 18.040.100.010 & 18.04.160 Minimum rear yard setback. (Setback requirement established by conditional use permit; 6 feet 4 inches proposed). 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 with the provisions of the proposed zoning; 3. Vehicular and pedestrian access are adequate to allow safe ingress and egress into the site; 4. The construction of 25 single- family residences having 13 lots with reduced side yard setbacks and 25 lots having reduced rear yard setbacks 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 surrounding properties are also residential properties. 5. The impact upon the surrounding area is minimum because this development provides an aesthetically pleasing point of entry, streetscape and quality units which enhances the overall community and ; 6. The project complies with the General Plan and Subdivision Map Act; and 7. The size and shape of the site 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 and 25 single - family residences are consistent with the neighborhood characteristics and surrounding land uses. 8. The traffic generated by the proposed 25 -lot 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 Planning Commission does further find and determine that the request for a variance of a reduced driveway length should be approved for the following reasons: SECTION NO. 18.42.030.040 Minimum driveway length. (20 feet required; 18 feet proposed). 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 - 2 - PC2011 -064 by other properties under identical zoning classification in the vicinity because of the depth and shape of this property. 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. NOW, THEREFORE, BE IT RESOLVED, the Planning Commission 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. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve a Conditional Use Permit No. 2011 -05565 and Variance No. 2011 -04858 as requested by the applicant. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2011 -05565 and Variance No. 2011- 04858, 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 the Conditional Use Permit No. 2011 -05565 and Variance No. 2011- 04858, are hereby approved subject to the approval of Reclassification No. 2011 -00243 and Tentative Tract Map No. 17416, 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 Peon t Approval) and 18.60.200 (City - Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City 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. 3 PC2011 -064 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 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. 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 was adopted at the Planning Commission meeting of August 29, 2011. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Jsolr tion in the event of an appeal. ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) CHAIR AN, ANAHE C TY— PLANNING COMMISSION I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on August 29, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 29 day of August, 2011. I SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2011 -064 EXHIBIT "A" DEV NO. 2010 -00179 APN: 079- 454 -24 W DEERWOOD DR —J ca 0 W TERANIMAR DR W GLEN HOLLY DR W BALL RD 331.61' 331.64' W DEERWOOD DR W RAVENSWOOD DR Source: Recorded Trac Maps and/or City GIS. Please note the accuracy is +1- two to five feet. 5 PC20 11 -064 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 1 All backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets and alleys. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Said information shall be shown on plans and approved by Water Engineering and the Cross Connection Control Inspector before submittal for building permits. Public Utilities- Water Engineering ' �a All requests for new water services, as well as any modification, relocations, or abandonments of existing water services, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. All existing water services shall conform to current Water Services Standards Specifications. Any water service 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. Public Utilities - Water Engineering 3 If this project's common area has new landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19 of Anaheim municipal Code and Ordinance No. 5349 regarding water conservation. Public Utilities - Water Engineering 4 To provide water service to this property, the Applicant shall install a minimum of two connections to the public water system. One connection shall be made to the existing 10 -inch water main on the south side of Ball Road and the other connection shall be made to the 8 -inch water main in Ball Road west of this property. Water main inside the property shall be looped. Water mains shall be installed 6 -ft off curb face. No water mains shall be installed under parking lanes. The following minimum horizontal separations must be maintained between water mains and other utilities: 10 -ft from sewers; 5 -ft from storm drains; and 5 -ft from electrical duct banks, communication conduits and gas mains. Public Utilities - Water Engineering EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2011-05565 & VARIANCE NO. 2011-04845 (DEV2010- 00179) -6 PC2011 -064 7 PC2011 -064 The legal property owner shall irrevocably offer to dedicate to the City of Anaheim (Water Engineering Division) an Easement twenty (20) feet in width for water mains, meters, fire hydrants and other public water facilities inside the property. City will not be responsible for replacement of private street hardscape during repair, replacement or maintenance of water facilities. To that end, the following language shall be included in the water facilities easement deed: Property owner shall effectuate and pay the costs for removal, repair or restoration of any materials within the water facilities easement area, including but not Iimited to, decorative /architectural features, concrete, stamped or colored concrete, brick, tile, stone, pavers, rock, slate, turf block, bio swales, walls, monuments or other decorative architectural material in addition to or in place of standard asphalt. Property owner shall be responsible for the repair and/or replacement of the affected materials at no cost to City. City will only backfill to grade with dirt or install temporary pavement material within that portion of the easement affected by its work. Public Utilities - Water Engineering 6 Prior to submitting the water improvement plans for approval, the developer /owner shall submit to the Public Utilities Water Engineering 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 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. Public Utilities - Water Engineering 7 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 from approved City Attorney shall be posted with the City of Anaheim. Public Utilities - Water Engineering 8 The emergency vehicular access lane shall be paved and accessible to the City's water utility emergency repair and maintenance equipment at all times. Public Utilities - Water Engineering 9 Prior to approval of permits for improvement plans, the property owner /developer shall coordinate with Electrical Engineering to establish electrical service requirements and submit electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. Public Utilities - Electrical Engineering 10 Prior to connection of electrical service, the legal owner shall provide to the City of Anaheim a Public Utilities easement with dimensions as shown on the approved utility service plan. Public Utilities, Electrical Engineering 11 Prior to connection of electrical service, the legal owner shall submit payment to the City of Anaheim for service connection fees. Public Utilities, Electrical Engineering 7 PC2011 -064 12 Plans shall be submitted showing stop control for the private drive. A stop sign shall be installed and stop legend shall be painted in the southbound direction at Ball Road prior to final building and zoning inspection. Subject property shall thereupon be developed and maintained in conformance with said plans. Public Works — Development Services 13 Prior to issuance of the first building permit and right -of -way construction permit for the storm drain and sewer, whichever occurs first, a Save Harmless agreement in -lieu of an Encroachment Agreement is required to be recorded on the property for any storm drains connecting to a City storm drain. Public Works — Development Services 14 Prior to issuance of the grading permit, the property owner shall submit project improvement plans that incorporate the required drainage improvements, and the mechanisms proposed, in the Drainage Report dated August 22, 2011 and prepared by PHB and Associates. No offsite run -off shall be blocked during and after grading operations or perimeter wall construction. Public Works — Development Services PRIOR TO ISSUANCE OF A GRADING PERMIT 15 The applicant shall submit to the Planning — Building Division for review and approval a Water Quality Management Plan 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 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. Planning — Building Division — 16 The OWNER shall demonstrate that coverage has been obtained under California's General Permit for Stormwater Discharges Associated with Construction Activity by providing a copy of the Notice of Intent (NOl) submitted to the State Water Resources Control Board 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. Planning — Building Division 8 PC2011 -064 PRIOR TO THE FINAL BUILDING INSPECTIONS 17 The required public improvements shall be installed prior to final zoning and building inspection. Public Works — Development Services 18 The property owner /developer shall: submit the Final As- Graded Grading Plan and demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. Planning — Building Division 19 That prior to final building and zoning inspection, 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 Projects WQMP are available onsite. Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. Planning — Building Division 20 That prior to final building and zoning inspection, fire lanes shall be posted with "No Parking Any Time." Said information shall be specifically shown on plans submitted for building permits. Public Works — Traffic and Transportation Services GENERAL 21 Implementation of this conditional use permit is contingent upon City Council adoption of an ordinance finalizing Reclassification No. 2011- 00253, reclassifying subject property from the T (Transition) to the RS -4 (Single- Family Residential Zone. Planning Division 22 On going during project operation, no parking areas shall be fenced or otherwise enclosed for outdoor storage purposes. Code Enforcement 23 Prior to commencement of structural framing, fire hydrants shall be installed and charged as required and approved by the Fire Department. Fire Department 24 An all- weather access road as approved by the Fire Department shall be provided during construction. Fire Department 25 Fire hydrants shall meet minimum Fire Department Specifications and Requirements for spacing, distance to structure and available fire flow. Fire Department 26 Emergency vehicular access shall be provided and maintained in accordance with Fire Department Specifications and Requirements. Fire Department 9 PC2011 -064 27 All exterior doors to have adequate security hardware, e.g. deadbolt Locks. The locks shall be so constructed that both the deadbolt and deadlocking latch can be retracted by a single action of the inside doorknob /lever /turn piece. Police Department 28 Wide -angle peepholes or other viewing device should be designed into all dwelling -unit front doors and all solid doors where exterior visibility is compromised. Police Department 29 An address monument and/or complex map should be positioned to be readable from the main vehicular or pedestrian access point(s) without causing vehicular stacking. It should be illuminated during the hours of darkness. Police Department 30 The Conditions, Covenants and Restrictions (CC &R's) shall restrict parking of recreational vehicles, including but not limited to boats, travel trailers and motor homes on the private street and within the front setback areas of the residential tract. Planning Division 31 The subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. I (Tentative Tract Map) Exhibit No. 2 (Elevation Plans) Exhibit No. 3 (Floor Plans) Exhibit No. 4, (Fence, Wall and Landscape) as conditioned herein. Planning Division - 10 - PC2011 -064