Resolution-PC 2013-045RESOLUTION NO. PC2013 -045
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO. 2012-05643
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2012- 00135)
(3083 — 3087 WEST BALL ROAD)
WHEREAS, the Planning Commission of the'City of Anaheim (herein referred to as the
'Planning Commission') did receive a verified petition to approve Conditional Use Permit No.
2012 -05643 to permit a 15 -unit condominium project with a deviation in zoning development
standards (herein referred to as the 'Proposed Project ") for those certain real properties located at
3083 — 3087 West Ball Road, in the City of Anaheim, County of Orange, State of California, as
generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the
"Properties "); and
WHEREAS, the Properties are currently developed with two single family homes and are
located in the T (Transition) Zone. The Anaheim General Plan designates the Properties for
Corridor Residential land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on June 17, 2013 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 Chapter 18.60
(Procedures) of the Anaheim Municipal Code (herein referred to as the "Code "), to hear and
consider evidence for and against said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, as the "lead agency" under the California Environmental Quality Act (Public
Resources Code Section 21000 et seq.; herein referred to as "CEQA" ), the Planning Commission
finds and determines that Environmental Impact Report No. 330 ( "EIR 330 "), certified in
conjunction with the City's General Plan Update program, is all that is necessary in connection
with the Proposed Project and its approval and that none of the conditions set forth in Sections
15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent
environmental impact report or a supplement to EIR 330 have occurred; 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 to permit a 15 -unit condominium project with a
deviation in zoning development standards, does find and determine the following facts:
1. The Proposed Project is properly one for which a conditional use permit is
authorized under Anaheim Municipal Code Section 18.06.160 (Residential Planned Unit
Development); and
2. The Proposed Project, with the modifications of certain standards described
herein below, 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 the proposed project is compatible with
existing and surrounding land uses in the vicinity; and
- I - PC2013 -045
3. With the modifications of certain standards described herein below, the size and
shape of the site is adequate to allow the full development of the Proposed Project in a manner
not detrimental to the particular area nor to the health, safety and general welfare of the public
because the Proposed Project maintains good overall project design to enhance the privacy and
livability for residents within and around the Proposed Project; and
4. The traffic generated by the Proposed Project will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area because the
Proposed Project has been designed to accommodate the required on and off site parking,
vehicular circulation, and trash collection; and
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 and will provide a
land use that is compatible with the surrounding area.
WHEREAS, the applicant requests approval of modifications of the following code
sections to permit modified front, interior, and building -to- building setbacks, which
modifications are authorized by subparagraph ".030 Modification of Other Standards" of Section
18.06.160 of the Code in order to achieve a good project design, privacy, livability, and
compatibility with surrounding uses:
SECTION NOS. 18.06.090.010.0101
AND 18.06.160.030
SECTION NOS. 18.06.090.040
AND 18.06.160.030
SECTION NOS. 18.06.090.050
AND 18.06.160.030
Minimum front setbacks.
(Setback requirement established by
conditional use permit; 20 -foot setback
required; 15 feet proposed).
Minimum interior setbacks.
(Setback requirement established by
conditional use permit; 35 feet required; 15 feet
proposed).
Minimum building to building setbacks.
(Setback requirement established by
conditional use permit; 30 feet required; 15 feet
proposed).
1. The uses within the Proposed Project are compatible because all proposed uses are
residential and consistent with the existing neighborhood characteristics.
2. The proposed structures related to the Proposed 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. The impact upon the surrounding area is minimal
because this development provides an aesthetically pleasing point of entry, streetscape, and
quality units which enhances the overall community.
3. Vehicular and pedestrian accesses are adequate to allow safe ingress and egress into the
site.
4. The Proposed Project is consistent with applicable design guidelines adopted by the City.
-2- PC2013 -045
5. The construction of 15 attached condominiums with modified development standards 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 developed with residential uses with
compatible densities.
- 6. The traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
7. The Proposed Project complies with the General Plan and Reclassification No. 2013-
00253, approved concurrently with the adoption of this Resolution.
8. The granting of the conditional use permit under the conditions imposed will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2012 - 05643, contingent upon and subject to the conditions
of approval described in Exhibit B attached hereto and incorporated herein by this reference,
which are hereby found to be a necessary prerequisite to the proposed use of the 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 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 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. 2012 -05643 is
approved contingent upon and subject to approval by the City Council of a proposed ordinance
approving Reclassification No. 2013- 00253.
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 Code.
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.
BE IT FURTHER RESOLVED that approval of this application constitutes approval of
the proposed request only to the extent that it complies with the 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.
-3- PC2013 -045
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 17, 2013. 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.
Uf
CHAIR, ANAHEIM CITY NNING COMMISSION
ATTEST:
SENIOR
ARY, ANAHEIM CITY 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 on June 17, 2013, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this 17 day of June, 2013.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
4- PC2013 -045
EXHIBIT "A"
DEV NO. 2012-00135
APN: 079 - 894 -08
R DR
'a
0
J
� W LYN ROSE DR
a
4
W GLEN HOLLY DR
a
r
69' '^
N
� H K
Y
165' > C
o O
o �
0
M 4
N =
H
228'
W BALL RD
G
W
a
a
N
®! ® Source_ Recorded Tract Maps and /or City GIS.
o. Please note the accuracy is +/- two to five feet.
-5- PC2013 -045
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2012-05643
(DEV2012- 00135)
NO.
CONDITIONS OF APPROVAL
REVIEW BY
SIGNED
OFF BY
PRIOR TO THE ISSUANCE OF A BUII DING PERMIT
1
All plumbing or other similar pipes and fixtures located on the
Planning
exterior of the building shall be fully screened by architectural
devices and/or appropriate building materials. Said information shall
be specifically shown on the plans submitted for building permits.
2
All air - conditioning facilities and other ground- mounted equipment
Planning
shall be properly shielded from view and sound buffered from
adjacent residential properties. Said information shall be specifically
shown on the plans submitted for building permits.
3
Locations for future above - ground utility devices including, but not
Planning
limited to, electrical transformers, water backflow devices, gas,
communications and cable devices, etc., shall be shown on plans
submitted for building permits. Plans shall also identify the specific
screening treatments of each device (i.e. landscape screening, color
of walls, materials, identifiers, access points, etc.) and shall be
subject to the review and approval of the appropriate City
departments.
4
All backflow equipment shall be located above ground outside of the
Planning
street setback area in a manner fully screened from all public streets.
Any backflow assemblies currently installed in a vault shall be
brought up to current standards. Any other large water system
equipment shall be installed to the satisfaction of the Water
Engineering Division in either underground vaults or outside of the
street setback areas in a manner fully screened from all public streets
and alleys. Said information shall be shown on plans and approved
by Water Engineering and the Cross Connection Control Inspector
before submittal for building permits.
5
Electric system plans, electrical panel drawings, site plans, elevation
Public
plans, and related technical drawings and specifications shall be
Utilities -
submitted to the Electrical Engineering Division of the Public
Electrical
Utilities Department to establish electrical service.
6
Any required relocation of City electrical facilities shall be provided.
Public
Landscape and/or hardscape screening of all pad- mounted equipment
Utilities -
shall be required and shall be shown on plans submitted for building
Electrical
permits.
-6- PC2013 -045
NO.
CONDITIONS OF APPROVAL
REVIEW BY
SIGNED
OFF BY
7
All condominium units shall be assigned street addresses by the
Planning
Building Division. Street names for any new public or private street (if
requested by the developer or required by the City) shall be submitted
to and approved by the Planning Division.
8
Plans shall be submitted showing stop control for the private drive at
Public Works
Ball Road. The design of the site access point shall be "at- grade ". A
— Traffic
stop sign shall be installed and stop legend shall be painted on the
driveway 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.
9
Curbs adjacent to the drive aisles shall be painted red to prohibit
Public Works
parallel parking in the drive aisles. Red curb locations shall be
— Traffic
clearly labeled on building plans. Subject property shall thereupon
be developed and maintained in conformance with said plans.
10
All requests for new water services or fire lines, as well as any
Public
modifications, relocations, or abandonment of existing water services
Utilities -
and fire lines, shall be coordinated through Water Engineering
Water
Division of the Anaheim Public Utilities Department.
1 I
All existing water services and fire lines shall conform to current
Public
Water Utility Standards. Any existing water services that are not
Utilities-
approved by the Utility for continued use shall be upgraded to current
Water
standards or abandoned. If the existing services are no longer
needed, they shall be abandoned.
12
Since this project has a common landscaping area exceeding 2,500
Public
square feet, a separate irrigation meter shall be installed and shall
Utilities -
comply with City Ordinance No. 5349 and Chapter 10.19 of the
Water
Anaheim Municipal Code. Said information shall be shown on plans
submitted for building permits.
13
A detailed water usage analysis and building plans shall be submitted
Public
for Public Utilities Water Engineering review and approval in
Utilities -
determining the adequacy of the existing water system to meet the
Water
project's water requirements. Any system improvements shall be
done in accordance with Rule No. 15A.6 of the water utility's Rates,
Rules and Regulations.
14
Improvement plans shall be submitted for Public Utilities Water
Public
Engineering review and approval in determining the conditions
Utilities -
necessary for providing water service to the project.
Water
7- PC2013 -045
NO.
CONDITIONS OF APPROVAL
BY
SIGNED
OFF BY
15
The location of trash and recycle barrels to be collected on trash
Public Works
collection day, and the storage of the barrels, shall be provided in a
— Sanitation
location acceptable to the Public Works Department, Streets and
Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage areas shall be designed and
located inside the garage. Said information shall be specifically
shown on the plans submitted for building permits.
16
Prior to the issuance of grading permit, the applicant shall submit to the
Public Works
Building and Public Works Department/Development Services for
—
review and approval a Final 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 the 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.
PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS
17
Prior to issuance of certificate of occupancy, the applicant shall:
• Demonstrate that all structural BMPs described in the Project
Public Works
WQMP have been constructed and installed in conformance with
approved plans and specifications.
Development
• Demonstrate that the applicant is prepared to implement all non-
Services
structural BMPs described in the Project WQMP
• Demonstrate that an adequate number of copies of the approved
Project WQMP are available onsite.
• Submit for review and approval by the City an Operation and
Maintenance Plan for all structural BMPs.
18
Fire lanes shall be posted with "No Parking Any Time." Said
information shall be specifically shown on plans submitted for
building permits.
Fire
-8- PC2013 -045
NO.
CONDITIONS OF APPROVAL
REVIEW BY
SIGNED
OFF BY
GENERAL
19
Any tree planted on -site in commonly maintained areas shall be
Code
replaced in a timely manner in the event that it is removed, damaged,
Enforcement
diseased and/or dead. The property shall be permanently maintained
in an orderly fashion by providing regular landscape maintenance,
removal of trash or debris, and removal of graffiti within twenty four
(24) hours from time of discovery.
20
The property shall be developed substantially in accordance with
Planning
plans and specifications submitted to the City of Anaheim by the
applicant and which plans are on file with the Planning Department
marked Exhibit Nos. 1— 6, and as conditioned herein.
21
The Applicant shall defend, indemnify, and hold harmless the City
Planning
and its officials, officers, employees and agents (collectively referred
to individually and collectively as "Indemnitees ") from any and all
claims, actions or proceedings brought against Indemnitees to attack,
review, set aside, void, or annul the decision of the Indemnitees
concerning this permit or any of the proceedings, acts or
determinations taken, done, or made prior to the decision, or to
determine the reasonableness, legality or validity of any condition
attached thereto. The Applicant's indemnification is intended to
include, but not be limited to, damages, fees and/or costs awarded
against or incurred by Indemnitees and costs of suit, claim or
litigation, including without limitation attorneys' fees and other costs,
liabilities and expenses incurred by Indemnitees in connection with
such proceeding.
22
The applicant is responsible for paying all charges related to the
Planning
processing of this discretionary case application within 30 days of the
issuance of the final invoice or prior to the issuance of building permits
for this project, whichever occurs first. Failure to pay all charges shall
result in delays in the issuance of required permits or may result in the
revocation of the approval of this application.
23
Final site, floor, and elevation plans shall be submitted to the Planning
Planning
Department for review and approval. Said plans shall show the
following:
• Opaque windows on the second floor for all habitable rooms
facing neighboring single family homes.
• Opaque glass and decorative treatments for all bathroom
windows.
• 24 -inch box trees in the rear yard of each unit which abuts
neighboring single family homes.
-9- PC2013 -045