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PC 2011/08/29City of Anaheim Planning Commission Agenda Monday, August 29, 2011 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California Chairman: Peter Agarwal Chairman Pro-Tempore: Victoria Ramirez Commissioners:Todd Ament, Stephen Faessel, Michelle Lieberman, Harry Persaud,John Seymour Call To Order -5:00 p.m. Pledge Of Allegiance Public Comments Public Hearing Items Commission Updates Discussion Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. A copy of the staff report may be obtained at the City of Anaheim Planning Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planningon Thursday, August 25,2011, after 5:00 p.m. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Planning Commission using the following planningcommission@anaheim.net e-mail address: APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, 10calendar days Tentative Tract and Parcel Maps will be final after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. AnaheimPlanning Commission Agenda -5:00 P.M. Public Comments: This isan opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. 08/29/11 Page 2of 5 Public Hearina Items ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2011 -05568 (DEV2011- 00069) Location: 1045 North Armando Street, Units A & B The applicant proposes to permit a live performance theatre (Stage Door Repertory Theatre) in an existing industrial complex. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class (Existing Facilities). ITEM NO. 3 RECLASSIFICATION NO. 2011 -00243 TENTATIVE TRACT MAP NO. 17416 CONDITIONAL USE PERMIT NO. 2011 -05565 VARIANCE NO. 2011 -04858 (DEV2010- 00179) Location: 3323 West Ball Road The applicant proposes to: rezone this property from the Transition (T) zone to the Single Family Residential (RS- 4) zone designation; to establish a 25 -lot residential subdivision with 4 lettered lots; permit 13 of the 25 residences to maintain reduced side yard setbacks; permit all of the 25 residences to maintain reduced rear yard setbacks; and, allow all residences to maintain driveway lengths smaller than required by code. Environmental Determination: A Negative Declaration has been determined to serve as the appropriate environmental impact determination for this request. I:=@ M t , ki revil7i 11111I11 Project Planner: Della Herrick dherrick(c)anaheim. net Resolution No. 2011 -062 Resolution No. 2011 -063 Resolution No. 2011 -064 Project Planner: Vanessa Norwood morwood(c1 anaheim. net Adjourn to Monday, September 12, 2011 at 5:00 p.m. 08/29/11 Page 3 of 5 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:30 p.m.August 24, 2011_ (TIME)(DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE ANDCOUNCIL DISPLAY KIOSK SIGNED: ANAHEIM CITY PLANNING COMMISSION The City of Anaheim wishes to make all of its public meetings and hearingsaccessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicación del mismo. Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139, antes de las 10:00 de la mañana un día habil antes de la reunión programada. 08/29/11 Page 4of 5 S C H E D U L E 2011 September 12 September 26 October 10 October 24 November 7 November 21 December 5 December 19 08/29/11 Page 5of 5 ßÌÌßÝØÓÛÒÌ ÒÑò ï ðëðïðð p ß»®·¿´ Ð¸±¬±æ Ó¿§ îðïð Ú»»¬ ßÐÒæ íììóìîíóðì Í«¾¶»½¬ Ð®±°»®¬§ ÜÛÊ Ò±ò îðïïóðððêç ïðìë Ò±®¬¸ ß®³¿²¼± Í¬®»»¬ ßÌÌßÝØÓÛÒÌ ÒÑò ï Üßï ÎÛÌß×Ô ÍÐ çìóï Üßï ÑÚÚ×ÝÛÍ ÍÐ çìóï Üßï ÑÚÚ×ÝÛÍ ÍÐ çìóï Üßï Ôß ÐßÔÓß ó ÕÎßÛ ÞËÍ×ÒÛÍ ÐßÎ ÍÐ çìóï Üßï ÊÑ×Ì Ôß ÐßÔÓß ÝÑÎÐÑÎßÌÛ ÐßÎÕ ÍÐ ç ÍÐ çìóï Üß Üßî ÌßÞ ÍÛÔÚ ÍÌÑÎßÙÛ ÚßÝ×Ô×ÌÇ ÙÛÒÌÔÛ ÝÔ ÍÐ çìóï Üßî ÞËÍ×ÒÛÍÍ ÐßÎÕ ðëðïðð p ß»®·¿´ Ð¸±¬±æ Ó¿§ îðïð Ú»»¬ ßÐÒæ íììóìîíóðì Í«¾¶»½¬ Ð®±°»®¬§ ÜÛÊ Ò±ò îðïïóðððêç ïðìë Ò±®¬¸ ß®³¿²¼± Í¬®»»¬ [DRAFT]ATTACHMENT NO. 2 RESOLUTION NO. PC2011-061 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2011-05568 (DEV2011-00069) (1045 NORTH ARMANDO STREET UNIT A AND B) WHEREAS, the Planning Commission did receive a verified Petition for Conditional Use Permit No. 2011-05568to permit a live performance repertory theatre within an existing industrial complexfor certain real property in the City of Anaheim, County of Orange, State of California shown on Exhibit “A”, attached hereto and incorporated herein by this reference; and WHEREAS,this 5.39-acre property is developed with an industrialcomplex. The property is located in SP94-1 Northeast Industrial Specific Plan Development Area 1zone and the Anaheim General Plan designates the property for Industrialland uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim onAugust 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, to hear and consider evidence for and against said proposed conditional use permit to investigate and make findings and recommendations in connection therewith; and WHEREAS, said 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 hearingwith respect to the requestto permit a repertory theatre should be approved for the following reasons: 1.The proposedconditional use permit requestto permit a repertory theatre within an existing industrial building is properly one for which a conditional use permit is authorized under Code Section No.18.120.050.0531 (Private recreational facilities) ofthe Anaheim Municipal Code. 2.The proposed conditional use permit to permit alive performance repertory theatre within an existing industrial building, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the building is surrounded by andintegrated with similar buildingsandindustrial uses;and,the repertory theatre would be located within an existing industrial buildingwithno adverse affects to adjoining land uses. -1-PC2011-061 3.The size and shape of the site for the use is adequate to allow the full development of the repertory theatre in a manner not detrimentalto the particular area or to the health and safetybecause thefacilitywould be located within an existingindustrial building. 4.The traffic generated by the repertory theatre 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 anticipated volumes of trafficon the surrounding streetsand there is adequate parking on-site to accommodate the use. 5.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 as the proposed land use will continue to be integrated with the surrounding industrial area and would not pose a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities)as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby approveConditional Use Permit No. 2011-05568and subject to the conditions of approval described in Exhibit “B” attached hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order topreserve 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 this permit is approved without limitations on the hours of operation or the durationof the use. Amendments, modifications and revocations 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 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. -2-PC2011-061 BE IT FURTHER RESOLVED that approval of thisapplication constitutes approval of the proposed request only to the extent that itcomplies 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 ofAugust 29, 2011. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior 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 heldonAugust 29, 2011,by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: th IN WITNESS WHEREOF, I have hereunto set my hand this 29day ofAugust, 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3-PC2011-061 -4-PC2011-061 EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2011-05568 (DEV2011-00069) REVIEW SIGNED NO.CONDITIONS OF APPROVALBYOFF BY GENERAL CONDITIONS 1This facility shall be used for alive performance repertory Planning theatre only. No required parking area shall be fenced or otherwise 2Code enclosed for outdoor storage. Enforcement 3No outdoor activities involving gathering of persons shall be Code permitted on-site.Enforcement 4The applicantshall be responsible for maintaining the area Code adjacent to the premises over which they have control, in an Enforcement orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti painted or marked upon the premises or onany adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 5Business to be equipped with alarm system (silent or Police audible). 6Burglary/Robbery Alarm Permit application, Form APD 516, Police is required and returnedto the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anaheim.net/article.asp?id=678 7Address numbers shall be positioned so as to be readily Police readable from the street. Number should be illuminated during hours of darkness.Rear entrance doors shall be numbered with the same address numbers or suite number of the business. Minimum height of 4” recommended. 8Additional lighting covering the parking area during Police performances and until staff is offsite (patron and performer/staff) shall be provided. An alternative would be to have the parking lot patrolled during performances by a licensed security company. -5-PC2011-061 9All exterior doors shall have their own light source, which Police shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. 10All exterior doors to have adequate security hardware, e.g. Police deadbolt locks. 11Theproperty shall be developed substantially in accordance Planning with plans and specifications submitted to the City of Anaheim by the applicantand which plans are on file with the Planning Department marked Exhibit No.1 (Site Plan), Exhibit No. 2 (Floor Plan), and as conditioned herein. -6-PC2011-061 ßÌÌßÝØÓÛÒÌ ÒÑò í ßÌÌßÝØÓÛÒÌ ÒÑò ì ßÌÌßÝØÓÛÒÌ ÒÑò ë City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ßÌÌßÝØÓÛÒÌ ÒÑò ï ðëðïðð p ß»®·¿´ Ð¸±¬±æ Ó¿§ îðïð Ú»»¬ ßÐÒæ ðéçóìëìóîì Í«¾¶»½¬ Ð®±°»®¬§ ÜÛÊ Ò±ò îðïðóððïéç ííîí É»¬ Þ¿´´ Î±¿¼ ßÌÌßÝØÓÛÒÌ ÒÑò ï ÎÍóî Í×ÒÙÔÛ ÚßÓ×ÔÇ ÎÛÍ×ÜÛÒÝÛ Ì Í×ÒÙÔÛ ÚßÓ×ÔÇ ÉÛ Ì ÎÝÔ îðïïóððîìí ÝËÐ îðïïóðëëêë ÊßÎ îðïïóðìèëè ÎÍóî Ì ÎÍóî ÍËÞÌÌÓ ïéìïê Í×ÒÙÔÛ ÚßÓ×ÔÇ ÎÛÔ×Ù×ÑËÍ ËÍÛ Í×ÒÙÔÛ ÚßÓ×ÔÇ ÎÛÍ×ÜÛÒÝÛ Ó×Íîðï ðóððìèð ÎÛÍ×ÜÛÒÝÛ ÜÛÊ îðïðóððïéç ÒËÎÍÛÎÇ ÝóÙ ÎÓóì ÝóÙ ÝóÙ ÑÚÚ×ÝÛÍ ÝÑÒÜÑÍ ÑÚÚ×ÝÛÍ ÍÚÎ ÎÓóî ÝóÙ ÎÓóî ÌÑÉÒØÑÓÛÍ ßÔ ÑÚÚ×ÝÛ ÌÑÉÒØÑÓÛÍ îï ÜË ïï ÜË ÎÓóî Í×ÒÙÔÛ ÚßÓ×ÔÇ ÎÛÍ×ÜÛÒÝÛ ÎÍóî Í×ÒÙÔÛ ÚßÓ×ÔÇ ÎÛÍ×ÜÛÒÝÛ ÝóÙ ßÒßØÛ×Ó ÙÛÒÛÎßÔ ßÓ×ÔÇ ÎÛÍ×ÜÛÒÝÛ ðëðïðð p ß»®·¿´ Ð¸±¬±æ Ó¿§ îðïð Ú»»¬ ßÐÒæ ðéçóìëìóîì Í«¾¶»½¬ Ð®±°»®¬§ ÜÛÊ Ò±ò îðïðóððïéç ííîí É»¬ Þ¿´´ Î±¿¼ [DRAFT]ATTACHMENT NO. 2 RESOLUTION NO. PC2011-062 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT ACEQA NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING RECLASSIFICATION NO. 2011-00243 (DEV2010-00179) (3323WESTBALL ROAD) WHEREAS, the Anaheim City Planning Commission (hereinafter "Planning Commission") did receive a verified Petition for Reclassification, designated as Reclassification No. 2011-00243,for that certain real property situated at 3323WestBall Roadin the City of Anaheim, County of Orange, State of California, as more particularly described in Exhibit “A” attached hereto and incorporated herein by this reference. WHEREAS, this property isvacant and is located in the T(Transition)Zoneand the Anaheim General Plan designates this property for CorridorResidentialland uses; and WHEREAS, the applicant requeststo rezone the property from the T (Transition) Zone to the RS-4(Single-Family Residential)Zone; and WHEREAS, Reclassification No. 2011-00243is proposedin conjunction with Tentative Tract No. 17416,Conditional Use Permit No. 2011-05565and Variance No. 2011- 04858to construct 13single familyhomeswith shorter driveway lengths and certain lots having reduced rear and sideyard setback areas;and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim onAugust29, 2011at 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 reclassification and to investigate and make findings and recommendations in connection therewith;and WHEREAS, the PlanningCommission, 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, doesfind and determine the following facts: 1.Reclassification of the subject propertyfrom the T (Transition)to the RS-4 (Single FamilyResidential)Zoneisconsistent with the property’s existing CorridorResidential General plan land use designation. 2.The proposed reclassification of subject property is necessary and/or desirable for the orderly and proper development of the communityand is compatiblewiththe properties to the northwhich are designated for Low Density Residential and zoned Single FamilyResidential (RS-2);properties to the westwhich are designated for Corridor Residential and Low Density Residential and zoned RM-3 and RS-2; properties to the south across Ball -1-PC2011-062 Road which are designated for Low Density Residential and Corridor Residentialand zonedRS- 2 and RM-2; and properties to the east which are designated for Low Density Residential and Residential Corridorand zoned RS-2 and CG. 3.The proposed reclassification of subject property does properly relate to the zones and their permitted uses locally established in close proximity to subject property and to the zones and their permitted uses generally established throughout the community. 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 effecton the environment. BE IT FURTHER RESOLVED that the Planning Commission does hereby unconditionally approve Reclassification No. 2011-00243to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to rezone and reclassify the subjectproperty into the RS-4(Single-Family Residential)Zone. BE IT FURTHER RESOLVEDthat Reclassification No. 2011-00243 is hereby approved subject to the approval of Conditional Use Permit No. 2011-05565, Variance No. 2011-04858, and Tentative Tract MapNo. 17416, now pending. BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject property; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole discretion. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 29,2011. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: ___________________________________________________________ SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -2-PC2011-062 STATE OF CALIFORNIA) COUNTY OF ORANGE) ss. CITY OF ANAHEIM) I, Grace Medina,Senior 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 August29, 20110, by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: th IN WITNESS WHEREOF, I have hereunto set my hand this 29day ofAugust, 2011. ___________________________________________________________ SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3-PC2011-062 -4-PC2011-062 [DRAFT]ATTACHMENT NO. 3 RESOLUTION NO. PC2011-063 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT A CEQA NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVINGTENTATIVE TRACTMAP NO. 17416 (DEV2010-00179) (3323WEST BALL ROAD) WHEREAS, the Anaheim City Planning Commission (hereinafter "Planning Commission") did receive a verified Petition for Tentative Tract Map No. 17416to establish a 29- lot subdivisionto permit the construction of 25-single-family residences, including fourlettered lots for non-residential purposes, 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 described in Exhibit “A” attached hereto and incorporated herein by this reference; and WHEREAS, Tentative Tract Map No. 17416is proposed in conjunctionwith Reclassification No. 2011-00243,Conditional Use Permit No. 2011-05565 and Variance No. 2011- 04858;and WHEREAS, the Planning Commission did hold a public hearingat the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, 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, to hear and consider evidence for and against said proposed project actions, including Tentative Tract Map No. 17416, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning Commission, afterdue 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 tentative tract map, including its design and improvements, is consistent with the City of Anaheim General Plan designation of Corridor Residential land use. 2.That the site is physically suitable for the proposed type of development at the proposed density and therefore would not cause public health or safety problems or environmental damage. 3.That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 4.That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. -1-PC2011-063 5.That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. WHEREAS, 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby grant the subject Petition for Tentative Tract Map subject to the conditions of approval described in Exhibit “B” attached hereto and incorporated by this reference, which 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: BE IT FURTHER RESOLVED that the 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. WHEREAS, 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby grant the subject Petition for Tentative Tract Map subject to the conditions of approval described in Exhibit “B” attached hereto and incorporated by this reference, which 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: BE IT FURTHER RESOLVED that the 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. -2-PC2011-063 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 approval of the final map for this project, whichever occurs first. Failure to pay all charges shall result in delays in the approval of the final map or 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, “Zoning Provisions –General” of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. _____________________________________________ CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: ______________________________________________________ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA) COUNTY OF ORANGE) ss. CITY OF ANAHEIM) I, Grace Medina, 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 onAugust 29, 2011, by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: th IN WITNESS WHEREOF, I have hereunto set my hand this29day of August2011. ______________________________________________________ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3-PC2011-063 -4-PC2011-063 EXHIBIT “B” TENTATIVE TRACT MAP NO. 17416 (DEV2010-00179) REVIEW SIGNED NO.CONDITIONS OF APPROVAL BYOFF BY PRIOR TO FINAL MAP APPROVAL 1All existing structures shall be demolished. The developer shall obtain a Planning – demolition permit from the Building Division.Building Division 2The vehicular access rights to Ball Road, except at the private street opening, Public Works shall be released and relinquished to the City of Anaheim.– Development Services 3All lots shall be assigned street addresses by the Building Division. The Planning – street name for the private street shall be submitted to and approved by the Building Building Division.Division 4A maintenance covenant shall be submitted to the Subdivision Section and Public Works approved by the City Attorney's office. The covenant shall include – provisions for maintenance of private facilities such as private sewer, private Development street, and private storm drain improvements; compliance with approved Services Water Quality Management Plan; and a maintenance exhibit. Maintenance responsibilities shall include all drainage devices, parkway landscaping and irrigation on Ball Road, the private street name signand the Private Street. The covenant shall be recorded concurrently with the final map. 5That prior to the issuance of a building permit, plans shall be submitted Public Works 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 Development prior to final building and zoning inspection. Subject property shall Services thereupon be developed and maintained in conformance with said plans. 6That prior to final map approval, street improvement plans shallbe submitted Public Works for improvements along the frontage of Ball Road and the private streets. – Improvements shall conform to the City Standards and as approved by the Development City Engineer. Parkway landscaping and irrigation shall be installed on Ball Services Road and the private street. Prior to final map approval, a bond shall be posted in an amount approved by the City Engineer and in a form approved by the City Attorney. -5-PC2011-063 7That prior to final map approval, the zone change associated with Reclassification No. 2011-00243shall be completed through the adoption of an ordinance by the City Council finalizing the rezoning. 8Prior to issuance of the first building permit, excluding model homes, the Public Works final map shall be submitted to and approved by the City of Anaheim – Department of Public Works and the Orange County Surveyorfor technical Development review and that all applicable conditions of approval have been complied Services with and then shall be filed in the Office of the Orange County Recorder. 9That prior to final building and zoning inspection, the developer shall Public Works improve the streets as follows: 1) improve private streets per City standard – detail 162or as approved by the City Engineer, 2) improve Ball Road per Development City standarddetail160-A (public).Services 10The legal property owner shall execute a Subdivision Agreement, in a form Public Works approved by the City Attorney, to complete the required public – improvements at the legal property owner’s expense. Said agreement shall Development be submitted to the Public Works Department, Subdivision Section approved Services by the City Attorney and City Engineer. -6-PC2011-063 ÅÜÎßÚÌÃ ßÌÌßÝØÓÛÒÌ ÒÑò ì RESOLUTION NO. PC2011-064 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A NEGATIVEDECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION ANDAPPROVINGCONDITIONAL USE PERMIT NO.2011-05565AND 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. 2011-04815to permit the construction of 25single-family residences with 13units 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 tomaintain driveway lengths smallerthan required by code ona 3.19-acre parcel for that certain real property located at 3323 West Ball Roadin 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 structureand is located in the T (Transition) Zoneproposed to be reclassified to the RS-4 (Single FamilyResidential) Zone in connection with this application. The Anaheim General Plan designates this property for corridorresidential land uses; and WHEREAS, Conditional Use Permit No. 2011-05565 and Variance No. 2011- 04858areproposed in conjunction with ReclassificationNo. 2011-00243and Tentative Tract MapNo. 17416;and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 29, 2011at 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 varianceand to investigate and make findings and recommendations in connection therewith; and WHEREAS, the PlanningCommission, 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. 2011-05565withdeviations from the following code sectionsto permit a reduced side yard setback for the 13of the25single familyhomesand additionally reduced rear yard setbacks for all units: -1-PC2011-064 SECTION NO. 18.040.100.010& 18.04.160Minimum sideyard setback. (Setback requirement established by conditional use permit;3 feet5 inches to 4 feet 8 inches proposed). SECTION NO. 18.040.100.010 & 18.04.160Minimum 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.Theconstruction of 25single-family residences having 13lots with reduced side yard setbacksand 25 lots having reduced rear yard setbackswill 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 anaesthetically pleasingpoint 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 shapeof 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 safetyand25single-family residences areconsistent with the neighborhood characteristics and surroundingland uses. 8.The traffic generated by the proposed 25-lot residential subdivisionwill 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 findand determine that the request for a variance of a reduced driveway lengthshould be approved for the following reasons: SECTION NO. 18.42.030.040Minimum driveway length. (20feet required; 18feet proposed). -2-PC2011-064 1.The variance pertaining to the minimum driveway lengthis 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 vicinitybecause 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 residentiallyzoned properties in the immediate vicinity whichare larger than the independent parcels proposed in conjunction with this request. Improvementof this property is restricted bythese characteristicscreating 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 ITFURTHERRESOLVED that thePlanning Commissiondoes hereby approve a Conditional Use Permit No. 2011-05565 and Variance No. 2011-04858as requested by the applicant. BE IT FURTHER RESOLVED that the Planning Commission does hereby approveConditional Use Permit No. 2011-05565and Variance No. 2011-04858,subject to the conditions of approvalas stated in Exhibit “B” attached hereto and incorporated herein by this reference, which conditions are herebyfound to be a necessary prerequisite to the proposed use of thesubject 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 RESOLVEDthat the Conditional Use Permit No. 2011-05565 and Variance No. 2011-04858,arehereby approved subject to the approval of Reclassification No.2011-00243and Tentative Tract MapNo. 17416, now pending. BE IT FURTHER RESOLVED, that any amendment, modification orrevocation 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 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 -3-PC2011-064 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 thisapplication constitutes approval of the proposed request only to the extent that itcomplies 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 issuanceof 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 Resolution in the event of an appeal. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina,Senior 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 onAugust 29,2011,by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: th IN WITNESS WHEREOF, I have hereunto set my handthis29day of August, 2011. _______ SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4-PC2011-064 -5-PC2011-064 ÛÈØ×Þ×Ì Þ ÝÑÒÜ×Ì×ÑÒßÔ ËÍÛ ÐÛÎÓ×Ì ÒÑò îðïïóðëëêë ú ÊßÎ×ßÒÝÛ ÒÑò îðïïóðìèìë øÜÛÊîðïðóððïéç÷ ÎÛÊ×ÛÉ ÞÇ Í×ÙÒÛÜ ÒÑò ÝÑÒÜ×Ì×ÑÒÍ ÑÚ ßÐÐÎÑÊßÔ ÑÚÚ ÞÇ PRIOR TO THEISSUANCE OF A BUILDING PERMIT 1All 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. 2All requests for new water services, as well as any modification, relocations, Public or abandonments of existing water services, shall be coordinated through Utilities- Water Engineering Division of the Anaheim Public Utilities Department.AllWater existing water services shall conform to current Water Services Standards Engineering 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 responsiblefor the costs to upgrade or to abandon any water service. 3If this project’s common areahas new landscaping area exceeding 2,500 Public square feet, a separate irrigation meter shall be installed in compliance with Utilities- Chapter 10.19 of Anaheim municipal Code and Ordinance No. 5349 regarding Water water conservation.Engineering 4To provide water service to this property, the Applicant shall install a Public minimum of two connections to the public water system. One connection Utilities- shall be made to the existing 10-inch water main on the south side of Ball Water Road and the other connection shall be made to the 8-inch water main in Ball Engineering 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. -6-PC2011-064 5The 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 mains, meters, fire hydrantsand other public water facilitiesinside Water the property.City will not be responsible for replacement of private street Engineering 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 limited 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. 6Prior to submitting the water improvement plans for approval, the Public developer/owner shall submit to the Public Utilities Water Engineering an Utilities- estimate of the maximum fire flow rate and maximum day and peak hour Water water demands for the project. This information will be used to determine the Engineering 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. 7Water 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 8The emergency vehicular access lane shall be paved and accessible to the Public City’s water utility emergency repair and maintenance equipment at all times.Utilities- Water Engineering 9Priorto approval of permits for improvement plans, the property Public owner/developer shallcoordinate with Electrical Engineering to establish Utilities- electrical service requirements andsubmit electric system plans, electrical Electrical panel drawings, site plans, elevation plans, and related technical drawings and Engineering specifications. Public 10Prior to connection of electrical service, the legal owner shall provide to the Utilities, City of Anaheim a Public Utilities easement with dimensions as shown on the Electrical approved utility service plan. Engineering Public 11Prior to connection of electrical service, the legal owner shall submit payment Utilities, to the City of Anaheim for service connection fees. Electrical Engineering -7-PC2011-064 12Plans shall be submitted showing stop control for the private drive. A stop Public Works 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 Development property shall thereupon be developed and maintained in conformance with Services said plans. 13Prior to issuance of the first building permit and right-of-way construction permit Public Works 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 Development the property for any storm drains connecting to a City storm drain.Services 14Prior to issuance of the grading permit, the property owner shall submit project Public Works improvement plans that incorporate the required drainage improvements, and the – mechanisms proposed, in the Drainage Report dated August 22, 2011 and Development prepared by PHB and Associates. No offsite run-off shall be blocked during and Services after grading operationsor perimeter wall construction. PRIOR TO ISSUANCE OF A GRADING PERMIT 15The applicant shall submit to thePlanning –Building Divisionfor review and Planning – approval a Water Quality Management Plan that:Building Division– 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. 16The OWNER shall demonstrate thatcoverage has been obtained under Planning – California’s General Permit for Stormwater Discharges Associated with Building Construction Activity by providing a copy of the Notice of Intent (NOI) Division 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. -8-PC2011-064 PRIOR TO THE FINAL BUILDING INSPECTIONS 17The required public improvements shall be installed prior to final zoning and Public Works building inspection.– Development Services 18The property owner/developer shall:submit the Final As-Graded Grading Plan Planning – and demonstrate thatall structural BMPs described in the Project WQMP have Building been constructed and installed in conformance with approved plans and Division specifications. 19That prior to final building and zoning inspection, the applicant shall:Planning – Building Demonstrate that all structural BMPs described in the Project Division WQMP have been constructed and installed in conformance with approved plans and specifications. Demonstrate that the applicantis 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 Planfor all structural BMPs. 20That 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 –Traffic and on plans submitted for building permits.Transportation Services GENERAL 21Implementation of this conditional use permit is contingent upon City Council Planning adoption of an ordinance finalizing Reclassification No. 2011-00253,Division reclassifying subject property from the T (Transition) to the RS-4 (Single-Family Residential Zone. 22On going during project operation, no parking areas shall be fenced or otherwise Code enclosed for outdoor storage purposes.Enforcement 23Prior to commencement of structural framing, fire hydrants shall be installed Fire and charged as required and approved by the Fire Department.Department 24An all-weather access road as approved by the Fire Department shall be Fire provided during construction.Department 25Fire hydrants shall meet minimum Fire Department Specifications and Fire Requirements for spacing, distance to structure and available fire flow.Department 26Emergency vehicular access shall be provided and maintained in accordance Fire with Fire Department Specifications and Requirements.Department -9-PC2011-064 27All exterior doors to have adequate security hardware, e.g. deadbolt locks. Police The locks shall be so constructed that both the deadbolt and deadlocking latch Department can be retracted by a single action of the inside doorknob/lever/turn piece. 28Wide-angle peepholes or other viewing device should be designed into all Police dwelling-unit front doors and all solid doors where exterior visibility is Department compromised. 29An address monument and/or complex map shouldbe positioned to be Police readable from the main vehicular or pedestrian access point(s) without causing Department vehicular stacking. It should be illuminated during the hours of darkness. 30The 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. 31The 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)Exhibit No. 2 (Elevation Plans) Exhibit No. 3 (Floor Plans)Exhibit No. 4, (Fence, Wall and Landscape) as conditioned herein. -10-PC2011-064 ßÌÌßÝØÓÛÒÌ ÒÑò ë Justification Letter for Conditional Use Permit and Tentative Tract Map TTM 17416 added to current application DEV2010-00179 June 3, 2011 3323 W. Ball Road SILVEROAK Capital Corporation Current application DEV 2010-00179 includes request for Reclassification of the subject property from Transitional (T) to RS-4; and a request for approval of aVariance for single family driveway length reduction. In accordance with the RS-4 Zone requirements, we wish to include a Conditional Use Permit request to establish comprehensive site design and setback lines for our proposed 25 single family dwelling development. The application is also requested to include our formal filing for a land subdivision through Tentative Tract Map TTM 17416 to subdivide the existing project site into 25 single family lots, and 4 HOA lots and a private street. Conditional Use Permit Per Anaheim Municipal Code 18.4.160, all development in the RS-4 Zone shall be subject to the approval of an application for a conditional use permit approved by the Planning Commission. Therefore, we respectfully request consideration of this 25 unit detached single family residential subdivision proposal to include a request for Planning Commission review and approval of our site plan through a conditional use permit per Section 18.66 of the Anaheim Municipal Code. In support of this request, the proposed project complies with development standards specified in Section 18.04.160 related to maximum density of 11 du/ac; whereas the ity is 10.56du/ac. The project exceeds the minimum floor area requirements of the RS-4 Zone, with two floor plans proposed. Plan 1- 2,551 SF (first floor- 1,160 SF; second floor 1,391SF) Plan 2- 2,605 SF (first floor- 1,200 SF; second floor 1,405 SF) The resulting individual lot coverage is compliant with the 50% maximum building site coverage (BSC) prescribed within RS-4 development standards: Plan 1- approximately 47% BSC; Plan 2- approximately 48% BSC. Although setbacks are established by this CUP process, the proposed setbacks demonstrated on the application site plan generally comply with the minimum setbacks specified for RS-4 Zone. Nonetheless, our project proposes: front yard setback of 10 feet to the home and or porch for the back of curb on lots 15 19. Side yard setbacks for this project typically total 10 feet with the exception of the Plan 2 which reduces the side yard setback5 . Rear yard setbacks are typically 15 feet however, portions of the rear yard setbacks are reduced into the design of the units. is 283 while the Zoning Code permits a height of 30 feet. Variance We propose a variance for reduced driveway lengths from 20 to 18 feet. The project provides four (4) off-street parking spaces for each dwelling that include a 2- car enclosed attached garage and two parking spaces in each driveway with a minimum 18 foot driveway length. Although the project provides off-street parking to satisfy requirements of the municipal code without any street parking, in order to enhance the livability of the neighborhood we propose to provide twelve (12) street parking spaces on one side of the single loaded streets through the 32 foot wide pavement section and four (4) additional parking spaces on lots 4, 9, 15, 24. Through the proposed design, with 12 on-street parking spaces and 4 off street spaces this would increase the parking provided to 4.83 spaces per dwelling. No parking is allowed along the 24-foot wide street sections. The proposed project will not adversely affect adjoining land uses, as the use is consistent with the adjacent uses and allowable density for the site. The proposed project provides a compatible traditional single family residential design and is compatible and consistent with the adjoining single family units to the north of the site. The adjacent multi-family apartments to the west and the offices to the east are not adversely affected by our proposal. The proposed site is large enough and able to accommodate the proposed project design without negatively affecting the residential area and surrounding areas. The traffic generated from the proposed development is consistent with existing General Plan designated uses that would allow up to 13 du/ac on the site. Thus, the project is a net reduction in traffic and that the adjoining streets are capable of accepting traffic generated from this infill development. Finally, approval of this conditional use permit with conditions of approval will not harm the health and safety of the citizens of Anaheim by the very nature that this is a proposal for a residential project in a residential area that is consistent with surrounding development and infrastructure. Tentative Tract Map TTM 17416 Please amend our application to include this formal filing for a Tentative Tract Map to subdivide the existing 3.19 acre project site into 25 single family lots, 2 landscaped HOA lots adjacent to Ball Road ROW, 2 internal HOA lots and one private street. Proposed density is 10.56 du/ac. The average lot size proposed is 3,783 SF for a conventional single family residential neighborhood design. Please note that the City Engineer has completed review of the request to deviate from City Standard No 162 for the on- easement and approved our modified design. The design provides a right of way pavement Although the project provides off-street parking to satisfy requirements of the municipal code without any street parking, in order to enhance the livability of the neighborhood we propose to provide street parking on one side of the westerly north / south street through the 32 foot wide pavement adjacent to lots 16 19. No parking is allowed along the 24-foot street sections in front of lots 16 19. The proposed subdivision design and proposed improvements is consistent with the ridor Residential designation with density allowance up to13 du/ac. We believe that the design and improvements, with conditions of approval for site improvements that the site is physically suitable for the proposed density of development, that the proposed subdivision map does not conflict with any existing easements, and that access is restricted to Ball Road and therefore should be recommended for approval. If there are any additional materials or information required, please notify me immediately. Please contact me directly should you have any questions 949-254-0135. Respectfully, Jeff Weber SILVEROAK Capital Corporation ßÌÌßÝØÓÛÒÌ ÒÑò ê ßÌÌßÝØÓÛÒÌ ÒÑò è ÐÎÑÖÛÝÌ ÍËÓÓßÎÇ ÝÑÒÜ×Ì×ÑÒßÔ ËÍÛ ÐÛÎÓ×Ì ÒÑò îðïïóðëëêë øÜÛÊÛÔÑÐÓÛÒÌ ÝßÍÛ ÒÑò îðïðóððïéç÷ Ü»ª»´±°³»²¬ Í¬¿²¼¿®¼Ð®±°±»¼ Ð®±¶»½¬ÎÓóì Í¬¿²¼¿®¼ Site Area3.19acresN/A Density Gross 7.83du/ac13du/acmaximum(gross) Net 10.56 du/ac11 du/ac maximum (net) Lot Area3,783 square feet (averagelot size)Established by CUP Lot Width30-50 feetEstablished by CUP Lot coverage*47% -48%50% Building Setbacks* Front 10 feet10 feet Side 3feet, 5 inches to5 feet5 feet Rear 10feet-single story10 feet -single story 10 feet -secondstory15 feet -secondstory Building Height26to 28feet, 5inchesfeet/two stories30 feet/two stories Minimum Floor Area*2,551square feet1,225square feet Parking4spacesper unitplus 12 spaces available 4 spacesper unit on the proposed private street *Modification to setback standards, lot coverage and minimum floor areais allowed in order to achieve good project design, privacy, livability, and compatibility with surrounding land uses. City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net