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Resolution-PC 2014-008RESOLUTION NO. PC2014 -008 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING TENTATIVE TRACT MAP NO. 17657 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00083) (1531 -1627 EAST LINCOLN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission ") did receive a verified Petition for Tentative Tract Map No. 17657 to establish a 14 -lot airspace condominium subdivision to permit the construction of 76- condominium units, including six lettered lots for non - residential purposes (the "Proposed Project "), for that certain real property located at 1531 -1627 East Lincoln Avenue in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "); and WHEREAS, Tentative Tract Map No. 17657 is proposed in conjunction with Conditional Use Permit No. 2013 - 05687; and WHEREAS, the Property, consisting of approximately 4.65- acres, is currently developed with commercial and residential uses proposed to be demolished as part of the Proposed Project. The Anaheim General Plan designates the Property for Low - Medium Density Residential land uses. The underlying zone of the Property is the "C -G" General Commercial Zone; however, the Property is also located within the Residential Opportunity (RO) Overlay Zone, which is consistent with the designation of the Property under the Anaheim General Plan and provides that the Property may be developed in accordance with the uses and requirements of the "RM -3" Multiple - Family Residential Zone designation under Chapter 18.06 (Multiple - Family Residential Zone) of the Anaheim Municipal Code (the "Code "); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 13, 2014, 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 of the Anaheim Municipal Code (herein referred to as the "Code "), to hear and consider evidence for and against the proposed Project 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 Supplemental Environmental Impact Report No. 346 ( "SEIR 346 "), 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 SEIR 346 have occurred; and - 1 - PC2014 -008 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 pertaining to the Proposed Project, does find and determine the following facts: 1. That the proposed tentative tract map for condominium purposes, including its design and improvements, is consistent with the Low - Medium Density Residential land use designation of the Anaheim General Plan and the "RM -3" Multiple - Family Residential Zone and with the zoning and development standards contained in Chapters 18.06 (Multiple - Family Residential Zone), as implemented by Chapter 18.34 (Residential Opportunity (RO) Overlay Zone), of the Code; 2. That the site is physically suitable for the type and size of the Proposed Project; 3. That the design of the subdivision is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. No sensitive environmental habitat has been identified on the Property. 4. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems, since any new structures and associated improvements will be constructed on the Property in compliance with requirements of the Code; and 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. NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve Tentative Tract Map No. 17657, subject to and contingent upon the approval of Conditional Use Permit No. 2013- 05687, now pending, and upon satisfaction of 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 said 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 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- PC2014 -008 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 13, 2014. Said Resolution is subject to the appeal provisions set forth in Section 17.08.104 of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. u P�� CHAIR, ANAHEIM CITY PLANNIN COMMISSION ATTEST: , ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 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 January 13, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 13 day of January, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3 - PC2014 -008 EXHIBIT "A" DEV NO. 2013-00083 APN: 035 - 270 -22 y 035 - 270 -23� 035 - 270 -25 035 - 270 -26 2 035 - 270 -28 ; a 035 - 270 -29 r m D Q f+ A 2 G m E at)p k SS a m m Z a 55 w w E g1 RCN ST �, 58 �O0N N j E �1N N O E 00, P� m a m r O m A a A v Source: Recorded Tract Maps and /or City GIS. `• ree Please note the accuracy is .d- two to five feet. 4- PC2014 -008 EXHIBIT "B" TENTATIVE TRACT MAP NO. 17657 (DEV2013- 00083) NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY PRIOR TO ISSUANCE OF GRADING PERMIT 1 The water quality management plan shall address the following public Works items: Department, • The WQMP shall include additional information such as Development soils analysis, prior contamination, depth to groundwater, Services etc. to determine the acceptability and capability of this Division site to use infiltration. • The criteria identified in the DAMP in order to allow infiltration to occur on a site must be evaluated and deemed adequate for the determination to be made to infiltrate onsite. • The applicant shall obtain approval for infiltration from the City and from the Orange County Water District. The City will coordinate the review of this proposed infiltration system to obtain comments. • The WQMP and grading plans shall show that flows are conveyed to the infiltration areas. The WQMP shall show the required pretreatment for any focused infiltration. The pretreatment system maybe landscape swales, filter strips or bio- retention areas (rain gardens), prior to reaching the infiltration system. 2 The property owner shall submit project improvement plans that Public Works incorporate the required any drainage improvements and the Department, mechanisms proposed in the approved Drainage Report . No offsite Development run -off shall be blocked during and after grading operations or Services perimeter wall construction. Division 3 Prior to issuance of the grading permit and right -of -way Public Works construction permit for the storm drain and sewer, whichever Department, occurs first, a Save Harmless agreement in -lieu of an Development Encroachment Agreement is required to be executed, approved by Services the City and recorded by the applicant on the property for any Division storm drains connecting to a City storm drain. 4 That the developer /owner shall submit a set of improvement Public plans for Public Utilities Public Utilities, Water Engineering Utilities, review and approval in determining the conditions necessary for Water p roviding water service to the project. Engineering 5 That individual water service and/or fire line connections will be required for each parcel or residential, commercial, industrial Public -5- PC2014 -008 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY unit per Rule 18 of the City of Anaheim's Water Rates, Rules Utilities, and Regulations. Water Engineering PRIOR TO FINAL MAP APPROVAL 6 All lots shall be assigned street addresses by the Building Division. Planning The street names for the private streets shall be submitted to and Department, approved by the Building Division. Building Division 7 The vehicular access rights to Lincoln Avenue shall be released and public Works relinquished to the City of Anaheim, except at approved private Department, street openings. Development Services Division 8 A maintenance covenant shall be submitted to the Subdivision Public Works Section and approved by the City Attorney's office. The covenant Department, shall include provisions for maintenance of private facilities such as Development private sewer, private street, and private storm drain improvements; Services compliance with approved Water Quality Management Plan; and a Division maintenance exhibit. Maintenance responsibilities shall include all drainage devices, parkway landscaping and irrigation on Lincoln Avenue, the private street name signs and the Private Streets. The covenant shall be recorded concurrently with the final map. 9 Street improvement plans shall be submitted for improvements Public Works along the frontage of Lincoln Avenue and the private streets. Department, Improvements shall conform to the City Standards and as approved Development by the City Engineer. Parkway landscaping and irrigation shall be Services installed on the public and the private streets. Prior to final map Division approval, a bond shall be posted in an amount approved by the City Engineer and in a form approved by the City Attorney. 10 The legal property owner shall post a security and execute a Public Works Subdivision Agreement to complete the required public Department, improvements at the legal owner's expense in an amount approved Development by the City Engineer and in a form approved by the City Attorney. Services Said agreement shall be submitted to the Public Works Division Department, Subdivision Section for approval by the City Council. 11 The Owner shall irrevocably offer to dedicate to the City of Anaheim (i) an easement for all large domestic above -ground water meters and fire hydrants, including a five (5) -foot wide Public easement around the fire hydrant and/or water meter pad. (ii) a Utilities, twenty (20) foot wide easement for all water service mains and Water service laterals all to the satisfaction of the Public Utilities, Water Engineering Engineering Division. The easements shall be granted on the Public Utilities, Water Engineering Division of the Public -6- PC2014 -008 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY Utilities Department's standard water easement deed. The easement deeds shall include language that requires the Owner to be responsible for restoring any special surface improvements, other than asphalt paving, including but not limited to colored concrete, bricks, pavers, stamped concrete, decorative hardscape, walls or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for the repair, replacement and maintenance of all surface improvements other than asphalt paving shall be the responsibility of the Owner and included and recorded in the Master CC & Rs for the project. 12 That the developer /owner shall submit a water system master plan, including a hydraulic distribution network analysis, for Public Public Utilities Public Utilities, Water Engineering review and Utilities, approval. The master plan shall demonstrate the adequacy of the Water proposed on -site water system to meet the project's water Engineering demands and fire protection requirements, 13 That the developer /owner shall submit to the Public Utilities Department Public Utilities, Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will Public be used to determine the adequacy of the existing water system to Utilities, provide the estimated water demands. Any off -site water system Water improvements required to serve the project shall be done in Engineering accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. 14 That water improvement plans shall be submitted to the Public Utilities, Water Engineering Division for approval and a Public performance bond in the amount approved by the City Engineer Utilities, and form approved by City Attorney shall be posted with the City Water of Anaheim. Engineering 15 That water improvement plans shall be submitted to the Public Utilities, Water Engineering Division for approval and a Public performance bond in the amount approved by the City Engineer Utilities, and form approved by City Attorney shall be posted with the City Water of Anaheim. Engineering 16 That all existing water services and fire services shall conform to Public current Water Services Standards Specifications. Any water Utilities, service and /or fire line that does not meet current standards shall Water be upgraded if continued use is necessary or abandoned if the Engineering existing service is no longer needed. The owner /developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. PRIOR TO THE ISSUANCE OF BUILDING PERMIT -7- PC2014 -008 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY 17 All existing structures shall be demolished. The developer shall Planning obtain a demolition permit from the Building Division. Department, Building Division 18 Excluding model homes, the final map shall be submitted to and public Works approved by the City of Anaheim Department of Public Works and Department, the Orange County Surveyor for technical review and that all Development applicable conditions of approval have been complied with and Services then shall be filed in the Office of the Orange County Recorder. Division 19 Plans shall be submitted showing stop control for both Public Works driveways. A stop sign shall be installed and stop legend shall be Department, painted on both driveways in the southbound direction at Lincoln Traffic Avenue prior to final building and zoning inspection. Subject Engineering property shall thereupon be developed and maintained in conformance with said plans. 20 Street improvement plans shall be submitted for all traffic related public Works improvements adjacent to the project site to the Public Works Department, Department, Development Services Division for review and Development approval. These plans will show both sides of all streets and Services alleys adjacent to the property, including all driveways and utility Division installations, signing and striping. All improvements shall be installed and completed prior to the first final building and zoning inspection. 21 A bond shall be posted for all street and traffic related street public Works improvements, including, but not limited to, directional signage, Department, striping, and median islands as required for said project. All Development improvements identified as required for the project opening shall Services be completed prior to final building and zoning inspection. Division 22 That curbs adjacent to the drive aisles shall be painted red to public Works prohibit parallel parking in the drive aisles. Red curb locations Department, shall be clearly labeled on building plans. Traffic Engineering 23 That all backflow equipment shall be located above ground Public outside of the street setback area in a manner fully screened from Utilities, all public streets and alleys. Any backflow assemblies currently Water installed in a vault will have to be brought up to current Engineering standards. Any other large water system equipment shall be installed to the satisfaction of the Public Utilities, Water Engineering Division outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Public Utilities, Water Engineering and Cross Connection -8- PC2014 -008 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY Control Inspector. 24 That all requests for new water services, backflow equipment, or Public fire lines, as well as any modifications, relocations, or Utilities, abandonments of existing water services, backflow equipment, Water and fire lines, shall be coordinated and permitted through Public Engineering Utilities, Water Engineering Division of the Anaheim Public Utilities Department. 25 That if this is a non - individual homeowner project with a landscaping area (including pools or other Water features) Public exceeding 2,500 square feet, a Landscape Documentation Utilities, Package and a Certification of Completion are required and a Water separate irrigation meter shall be installed in compliance with Engineering Chapter 10.19 of Anaheim municipal Code and Ordinance No. 6160 relating to landscape water efficiency. PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS 26 The required public improvements shall be installed prior to final Public Works zoning and building inspection. Department, Development Services Division 27 The developer shall improve the streets as improve follows: 1) i Public Works private streets as approved by the City Engineer, 2) improve Department, Lincoln Avenue per the East Lincoln Avenue Corridor Master Plan Development or as approved by the City Engineer (public). Services Division 28 ADA compliant curb access ramps with truncated domes shall be Public Works constructed at the intersections of Lincoln Avenue on both sides of Department, the private street in conformance with Public Works Standard Development Detail 111 -3. Services Division 29 All required WQMP items shall be inspected and operational. Public Works Department, Development Services Division 30 All required public street, landscaping, irrigation, sewer and Public Works drainage improvements shall be constructed prior to final Department, building and zoning inspections and are subject to review and Development approval by the Construction Services inspector. Services Division -9- PC2014 -008 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY 31 Fire lanes shall be posted with "No Parking Any Time." Said Public Works information shall be specifically shown on plans submitted for Department, building permits. Traffic Engineering 32 That landscaping shall be provided around the above ground Public large meter or fire service to shield from street view. Utilities, Water Engineering GENERAL 33 The Owner shall be responsible for restoring any special surface Public improvements, other than asphalt paving, within any right -of- Utilities, way, public utility easement or City easement area including but Water not limited to colored concrete, bricks, pavers, stamped concrete, Engineering walls, decorative hardscape or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for maintenance of all said special surface improvements shall be included in the recorded Master C, C & R's for the project and the City easement deeds. 34 A minimum of two connections to public water mains and water Public looping inside the project are required. Utilities, Water Engineering 35 The following minimum horizontal clearances shall be maintained between proposed public water main and other facilities: Public - 10 -feet minimum separation (outside wall -to- Utilities, outside wall) from sanitary sewer mains and Water laterals Engineering - 5 -feet minimum separation from all other utilities, including storm drains, gas, and electric - 3 or 6 -feet minimum separation from curb face 36 No public water main or public water facilities shall be installed Public in private alleys, paseo areas, or cul -de -sacs. Utilities, Water Engineering 37 No public water mains or laterals allowed under parking stalls or Public parking lots. Utilities, Water Engineering 38 All fire services 2 -inch and smaller shall be metered with a UL Public listed meter, Hershey Residential Fire Meter with Translator Utilities, Register, no equals. Water -10- PC2014 -008 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY Engineering 39 The Applicant shall defend, indemnify, and hold harmless the Planning City and its officials, officers, employees and agents (collectively Department, referred to individually and collectively as "Indemnities ") from Planning any and all claims, actions or proceedings brought against Services Indemnities to attack, review, set aside, void, or annul the Division decision of the Indemnities 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 Indemnities and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnities in connection with such p roceeding. 40 The applicant is responsible for paying all charges related to the Planning processing of this discretionary case application within 30 days Department, of the issuance of the final invoice or prior to the issuance of Planning building permits for this project, whichever occurs first. Failure Services to pay all charges shall result in delays in the issuance of required Division permits or may result in the revocation of the approval of this application. 41 Subject property shall be developed, maintained and operated Planning substantially in accordance with plans and specifications Department, submitted to the City of Anaheim by the petitioner and which Planning plans are on file with the Planning Department and as Services conditioned herein. Division - 1 I - PC2014 -008