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Resolution-PC 2014-009RESOLUTION NO. PC2014 -009 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2013 -05687 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00083) (1531 -1637 EAST LINCOLN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission") did receive a verified Petition for the approval of Tentative Tract Map No. 17657 and Conditional Use Permit No. 2013 -05687 with modified landscape setback and building separation requirements to establish a 14 -lot, 76 -unit condominium subdivision, including six lettered lots for non - residential purposes, (the "Proposed Project ") for that certain real property located at 1531 -1637 East Lincoln Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "); WHEREAS, Section 18.06.160 (Residential Planned Unit Development) of the Anaheim Municipal Code (the "Code ") permits the modification of, among other things, certain setback standards through an application for a conditional use permit. The request for Conditional Use Permit No. 2013 -05687 includes proposed modifications to the minimum requirements for (i) the landscaped portion of a setback for structures abutting a single - family residential zone or located within 150 feet of a single - family residential zone, and (ii) the building separation requirements between two parallel facing walls for five (5) of the buildings within the Proposed Project; 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 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 Code. The Anaheim General Plan designates the Property for Low - Medium Density residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 13, 2014, 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 Code, to hear and consider evidence for and against Conditional Use Permit No. 2013- 05687, concurrently with proposed Tentative Tract Map No. 17657, 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 - 1 - PC2014 -009 preparation of a subsequent environmental impact report or a supplement to SEIR 346 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 to permit the Proposed Project, with incorporation of the following described modifications, does find and determine the following facts: SECTION NO. 18.06.090.040 Minimum Landsegpe Setback adjacent to a single - family residential zone. (10 feet required; 5 feet proposed). SECTION NO. 18.06.090.050 Minimum Setback distance between buildings. (40 feet required; 24 to 34 feet proposed for 5 of the 13 buildings). 1. The proposed conditional use permit is properly one for which a conditional use permit is authorized under the Code; 2. The Proposed Project 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, with the exception of the proposed modifications, the Proposed Project will conform with the uses and requirements of the "RM -3" Multiple - Family Residential Zone designation under Chapter 18.06 (Multiple - Family Residential Zone) of the Code and provide a compatible Lincoln Avenue street frontage as related to the scale, mass, bulk, and orientation of existing buildings. Furthermore, the Proposed Project will further the goal of the General Plan to provide a variation of residential style and dwelling units along a major arterial while providing privacy, security, and visual interest; 3. The size and shape of the site proposed for the use is adequate to allow the full development of the Proposed Project in a manner not detrimental to either the particular area or health and safety because the construction of condominium units with modified landscape setback and building separations provides adequate structural separation, enhanced landscape screening within the perimeter setback area of the Proposed Project and adjacent to the buildings with reduced distance separations; 4. The traffic generated by the proposed 76 -unit condominium project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the volume of traffic planned for the streets and highways in the area. Further, adequate vehicular and pedestrian ingress and egress is provided via two vehicular drive -way entrances for the Proposed Project from Lincoln Avenue and pedestrian access into and throughout the Proposed Project is provided via a network of interconnected sidewalks and paseos; 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. -2- PC2014 -009 NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve Conditional Use Permit No. 2013 - 05687, subject to and contingent upon the approval of Tentative Tract Map No. 17657, 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 conditions, (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 this permit is approved without limitations on the duration of 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 approval of this application constitutes approval of the Proposed Project only to the extent that it complies with the Zoning Code of the City of Anaheim 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 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. 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 Chapter 18.60 (Zoning Provisions - General) of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR, ANAHEIM CITY PLA G COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2014 -009 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 -4- PC2014 -009 EXHIBIT "A" DEV NO. 2013-00083 5- PC2014 -009 /\ ro Source: Recorded Tract Maps and /or City GIS. V Feet Please note the accuracy is +/_ two to five feet. EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2013-05687 (DEV2013- 00083) NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY GENERAL 1 An address monument and/or complex map should be positioned Police to be readable from the main vehicular or pedestrian access Department point(s) without causing vehicular stacking. It should be illuminated during the hours of darkness. 2 Each individual building and unit should be clearly marked with Police its appropriate building number and address. These should be Department positioned so they are easily viewed from vehicular and pedestrian pathways throughout the complex. Main building numbers should be a minimum height of 12" and illuminated during the hours of darkness. 3 All exterior doors shall have adequate security hardware, e.g. Police deadbolt locks. Locks shall be so constructed that both the Department deadbolt and deadlocking latch can be retracted by a single action of the inside doorknob /lever /turn piece. 4 Wide -angle peepholes or other viewing device should be designed Police into all dwelling -unit front doors and all solid doors where Department exterior visibility is compromised. 5 Adequate lighting of parking lots and associated carports, Police circulation areas, aisles, passageways, recesses, and grounds Department contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on -site. 6 All pole lighting shall be down -lit so not to illuminate onto Planning adjacent residential properties. Department, Code Enforcement Division 7 "No Trespassing 602(k) P.C." posted at the entrances of parking Police lots /structures and located in other appropriate places. Signs must Department be at least 2' x F in overall size, with white background and black 2" lettering. 8 All entrances to parking areas should be posted with appropriate Police signs per 22658(a) C.V.C. to assist in removal of vehicles at the -6- PC2014 -009 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY property owner's /manager's request. Department 9 Emergency vehicular access shall be provided and maintained in Police accordance with Fire Department Specifications and Department Requirements. 10 On -going during project operation, no required parking areas shall Planning be fenced or otherwise enclosed for outdoor storage uses. Department, Code Enforcement Division 11 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 "Indemnitees ') from Planning any and all claims, actions or proceedings brought against Services Indemnitees to attack, review, set aside, void, or annul the Division 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 hndemnitees in connection with such proceeding. 12 The applicant is responsible for paying all charges related to the Planning processing of this discretionary case application within 30 days of Department, 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. 13 The property shall be developed substantially in accordance with Planning plans and specifications submitted to the City of Anaheim by the Department, applicant and which plans are on file with the Planning Division Planning and as conditioned herein. Services Division -7- PC2014 -009