Resolution-PC 2015-103RESOLUTION NO. PC2015 -103
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO. 2015-05804
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2015 -00057)
(1609 AND 1615 WEST CERRITOS AVENUE)
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.
2015-05804 to permit an 11 -lot, single family residential subdivision for that certain real
property located at 1609 and 1615 West Cerritos Avenue, 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 "Property"); and
WHEREAS, the Property is currently developed with two single-family residences and
accessory structures and is located in the "RS -2" Single -Family Residential Zone. The Anaheim
General Plan designates this Property for Low Density Residential land uses; and
WHEREAS, all development within the "RS -4" Single -Family Residential Zone is
subject to the provisions of Section 18.04.160 (Development in the RS -4 Zone) of Chapter 18.04
(Single -Family Residential Zones) of the Anaheim Municipal Code (the "Code"), which provides
that all such development is subject to the approval of a conditional use permit; and
WHEREAS, Conditional Use Permit No. 2015-05804 is proposed in conjunction with
Reclassification No. 2015-00280, which is a request to rezone or reclassify the Property from the
"RS -2" Single -Family Residential Zone to the "RS -4" Single -Family Residential Zone, and
Tentative Tract Map No. 17882, which would establish an 11 -lot, single family subdivision. The
development comprising Reclassification No. 2015 -00280, Conditional Use Permit No. 2015-
05804 and Tentative Tract Map No. 17882 shall be referred to herein collectively as the
"Proposed Project"; and
WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic
Center, Council Chamber, 200 South Anaheim Boulevard, on September 21, 2015 to hear and
consider evidence for and against the Proposed Project, including proposed Reclassification No.
2015-00280, Conditional Use Permit No. 2015-05804 and Tentative Tract Map No. 17882 and to
investigate and make findings and recommendations in connection therewith. Notice of said
public hearing was duly given as required by Section 65090 of the California Government Code
and in accordance with the provisions of Chapter 18.60 (Procedures) of the Anaheim Municipal
Code (the "Code"). The public hearing was continued by the Planning Commission to October
19, 2015, at which time, the public hearing was continued again by the Planning Commission to
November 2, 2015. While the public hearing was once again continued by the Planning
Commission on its own motion on November 2 14, 2015 to December 14, 2015, the City elected
to give notice of said continued public hearing, as it did for the initial public hearing, in
accordance with Section 65090 of the California Government Code and with the provisions of
Chapter 18.60 (Procedures) of the Code; and
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WHEREAS, by the adoption of a separate resolution concurrently with but prior in time
to this Resolution, this Planning Commission has heretofore found and determined, as the "lead
agency" under the California Environmental Quality Act (Public Resources Code Section 21000
et seq.; herein referred to as "CEQA"), the Proposed Project is within that class of projects which
consist of in -fill development meeting the conditions described in Section 15332 of Title 14 of
the California Code of Regulations ("CEQA Guidelines") and, pursuant to Section 15332 of the
CEQA Guidelines, is categorically exempt from the provisions of CEQA; 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 an 11 -lot, single-family residential subdivision
with a deviation from the City's private street standard pertaining to street and parkway widths,
does find and determine the following facts on the basis of the plans submitted by the applicant:
1) The uses within the Proposed Project are compatible.
2) New buildings or structures related to the Proposed Project are compatible with
the scale, mass, bulk, and orientation of existing buildings in the surrounding area, provided the
existing buildings conform with the provisions of the Zoning Code. The lot sizes and widths
proposed are adequate to ensure quality design that is compatible with the adjacent residential
neighborhood and is not anticipated to adversely affect development of the area. With the
modifications of certain standards described herein and under the conditions imposed, 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 or to the health, safety and general welfare of the
public.
3) Vehicular and pedestrian access are adequate in that Public Works Staff
determined that a traffic study is not required for the Proposed Project since it does not meet the
minimum threshold of 100 vehicle trips in the a.m. or p.m. peak hours. The City's Traffic Study
Guidelines state that a traffic study is required when a project's trips generation is expected to
exceed 100 vehicle trips in the a.m. or p.m. peak hours. The Proposed Project would generate
traffic well below this threshold and, therefore, a traffic study was not required. The overall net
increase of 9 new homes would not exceed the City's General Plan which allows a density of up
to 6.5 dwelling units per acre.
4) The Proposed Project is consistent with any adopted design guidelines applicable
to the parcel or parcels in that the Proposed Project is consistent with the City's "Guidelines for
Small -Lot Development" in that the proposed development incorporates these guidelines into the
project based on the large size of the lots, adequate private yard areas, varied architectural
features, and a well-designed private street (the "A" street portion) which includes on -street
parking spaces, sidewalks, and parkways.
5) The size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area in that the
Proposed Project, with the modifications of certain standards described herein below and under
the conditions imposed, will not adversely affect the adjoining land uses, or the growth and
development of the area in which it is proposed to be located in that the lot sizes and widths
proposed are adequate to ensure quality design that is compatible with the adjacent residential
neighborhood and therefore it is not anticipated to adversely affect development of the area.
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6) The Proposed Project has been designed to accommodate the required on- and
off-site parking, vehicular circulation, and trash collection and 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 it will provide a standard street width with on -
street parking, parkways and sidewalks along "A" street and a 25 -foot hammerhead with a 4 -foot
sidewalk on the north side of `B" Street. A street deviation was requested by the applicant and
approved by the City Engineer to allow waiver of the parkway and minimum street width along
"B" Street.
7) The impact upon the surrounding area has been mitigated to the maximum extent
practicable in that site development standards proposed for the Proposed Project are consistent
with the development standards of the "RS -4" Single -Family Residential Zone and the Low
Density General Plan designation.
8) The Proposed Project complies with the General Plan and Subdivision Map Act in
that the City's General Plan Land Use designation allows up to 6.5 dwelling units per gross acre
and the Proposed Project is 13% less than the maximum at 5.7 dwelling units per gross acre. The
detached single family small lot subdivision use is compatible with detached single family
residential uses that surround the project site. The Proposed Project is consistent with the site
development standards of the "RS -4" Single -Family Residential Zone; thus, the size and shape of
the site proposed for the use is adequate to allow the full development of the Proposed Project.
The Proposed Project is compatible with existing and surrounding single family residential land
uses in the vicinity of the Property.
9) The granting of the conditional use permit under the conditions imposed, if any,
will not be detrimental to the health and safety of the citizens of the City of Anaheim.
WHEREAS, Section 18.04.160 (Development in the RS -4 Zone) of Chapter 18.04
(Single -Family Residential Zones) of the Code requires the Planning Commission to review
development in the "RS -4" Single -Family Residential Zone using the "Guidelines for Small -Lot
Development" and to make certain additional findings before the Planning Commission may
approve a conditional use permit; and
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2015-05804, including the lot areas and widths as shown on
the site plan on file with the City, contingent upon and subject to (1) the adoption by the City
Council of an ordinance reclassifying the Property within the "RS -4" Single -Family Residential
Zone in accordance with Reclassification No. 2015-00280, (2) approval of Tentative Tract Map
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No. 17882, now pending, and (3) the conditions of approval set forth 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 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 14, 2015. 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.
C�,
CHAIRMAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on December 14, 2015, by the following vote of the
members thereof:
AYES: COMMISSIONERS: BOSTWICK, DALATI, HENNINGER,
LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: CALDWELL
ABSENT: COMMISSIONERS: NONE
2015.
IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of December,
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2015-00057
A P N : 129-212-31
129-212-32
a
0
a
W HARRIET LN
a
d
O
i
W BUENA VISTA AVE
280' W LULLABY LN
_ o
o ro
20'
210' cv N
W CERRITOS AVE 50'
--A --iT
W MELLS LN
O o so 100
v Source: Recorded Tract Maps and/or City GIS.
F,.e t Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2015-05804
(DEV2015 -00057)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
PRIOR TO THE ISSUANCE OF A GRADING PERMIT
1
The project final WQMP shall be submitted for review and approval
Public Works,
and approved by the development services department of public
Development Services
works.
2
The developer/owner shall submit a set of improvement plans for
Public Utilities —
Public Utilities Department Water Engineering Division review and
Water Engineering
approval in determining the conditions necessary for providing water
service to the project.
PRIOR TO THE ISSUANCE OFA BUILDING PERMIT
3
All individual residential units shall have addressing readily readable
from the street, indicating the address of that unit. All addressing
Police Department
shall be free from obstruction and either well lit during hours of
darkness or of a highly contrasting color to its background.
4
All exterior doors shall have adequate security hardware, e.g.
Police Department
deadbolt locks.
5
Wide-angle peepholes or other viewing device shall be designed into
all dwelling -unit front doors and all solid doors where exterior
Police Department
visibility is compromised.
6
Door locks shall be so constructed that both the deadbolt and
deadlocking latch can be retracted by a single action of the inside
Police Department
doorknob/lever/turn-piece.
7
Landscaping shall be of the type and situated in locations to
maximize observation while providing the desired degree of
aesthetics.
Police Department
8
The final map shall be submitted to and approved by the City of
Public Works,
Anaheim and the Orange County Surveyor and then shall be recorded
Development Services
in the Office of the Orange County Recorder (excluding model
homes).
9
The developer shall post bonds for improvements in the public right-
Public Works,
Of -way as approved by the City of Anaheim.
Development Services
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
10
Prior to issuance of the grading permit and right-of-way construction
Public Works,
permit for the sewer, whichever occurs first, a Save Harmless
Development Services
agreement in -lieu of an Encroachment Agreement is required to be
executed, approved by the City and recorded by the applicant on the
property for any storm drains connecting to a City storm drain.
PRIOR TO APPROVAL OF PLANS RELATED TO WATER ENGINEERING
11
All backflow equipment shall be located above ground outside of the
Public Utilities Water
street setback area in a manner fully screened from all public streets
Engineering
and alleys. Any backflow assemblies currently installed in a vault
will have to be brought up to current standards. Any other large water
system equipment shall be installed to the satisfaction of the Public
Utilities Department 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 Water Engineering and Cross Connection Control
Inspector.
12
All requests for new water services, backflow equipment, or fire
Public Utilities Water
lines, as well as any modifications, relocations, or abandonments of
Engineering
existing water services, backflow equipment, and fire lines, shall be
coordinated and permitted through Water Engineering Division of the
Anaheim Public Utilities Department.
13
All existing water services and fire services shall conform to current
Public Utilities Water
Water Services Standard Specifications. Any water service and/or
Engineering
fire line that does not meet current standards shall be upgraded if
continued use if necessary or abandoned if the existing service is no
longer needed. The owner/developer shall be responsible for the costs
to upgrade or to abandon any water service or fire line.
14
The Owner shall irrevocably offer to dedicate to the City of Anaheim
Public Utilities Water
(i) an easement for all large domestic above -ground water meters and
Engineering
fire hydrants, including a five (5) -foot wide easement around the fire
hydrant and/or water meter pad. (ii) a twenty (20) foot wide easement
for all water service mains and service laterals all to the satisfaction
of the Water Engineering Division. The easements shall be granted
on the Water Engineering Division of the Public 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.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
15
The developer/owner shall submit a water system master plan,
Public Utilities Water
including a hydraulic distribution network analysis, for Public
Engineering
Utilities Water Engineering Division review and approval. The
master plan shall demonstrate the adequacy of the proposed on-site
water system to meet the project's water demands and fire protection
requirements.
16
The developer/owner shall submit to the Public Utilities Department
Public Utilities Water
Water Engineering Division an estimate of the maximum fire flow
Engineering
rate and maximum day and peak hour water demands for the project.
This information will be used to determine the adequacy of the
existing water system to provide the estimated water demands. Any
off-site water system improvements required to serve the project shall
be done in accordance with Rule No. 15A.6 of the Water Utility
Rates, Rules, and Regulations.
17
Water improvement plans shall be submitted to the Public Utilities
Public Utilities Water
Department Water Engineering Division for approval and a
Engineering
performance bond in the amount approved by the City Engineer and
form approved by City Attorney shall be posted with the City of
Anaheim.
18
Individual water service and/or fire line connections will be required
Public Utilities Water
for each parcel or residential, commercial, industrial unit per Rule 18
Engineering
of the City of Anaheim's Water Rates, Rules and Regulations.
19
The Owner shall be responsible for restoring any special surface
Public Utilities Water
improvements, other than asphalt paving, within any right-of-way,
Engineering
public utility easement or City easement area including but not
limited to colored concrete, bricks, pavers, stamped concrete, 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 CC&R's for the project and
the City easement deeds.
20
Public water mains within the project boundary are required. The
Public Utilities Water
developer/owner shall dedicate a minimum of 20 -foot wide easement
Engineering
over said mains to the Water Division.
21
The following minimum horizontal clearances shall be maintained
Public Utilities Water
between proposed water main and other facilities:
Engineering
22
A 10 -foot minimum separation (outside wall -to -outside wall) from
Public Utilities Water
sanitary sewer mains and laterals shall be provided. I
Engineering
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23
A 5 -foot minimum separation from all other utilities, including storm
Public Utilities Water
drains, gas, and electric shall be provided.
Engineering
PRIOR TO APPROVAL OF PLANS RELATED TO ELECTRICAL ENGINEERING
24
Electric system plans, electrical panel drawings, site plans, elevation
Public Utilities —
plans, and related technical drawings and specifications shall be
submitted to the Electrical Engineering Division of the Public
Electrical Engineering
Utilities Department to establish electrical service.
PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS
25
Fire lanes shall be posted with "No Parking Any Time." Said
Fire Department
information shall be specifically shown on plans submitted for
building permits.
26
The developer shall submit street improvement plans to the Public
Public Works,
Works department to construct all work in the right of way in
Development Services
conformance to Public Works standards. Grind and cap existing
pavement in Cerritos Avenue up to the street centerline within the
frontage of the parcel. The improvements shall be constructed prior
to final building and zoning inspection.
27
The developer shall construct private streets in conformance with
Public Works,
City of Anaheim standard 162 and the approved deviation from the
Development Services
City Engineer.
28
Fire lanes or no parking zones shall be posted with "No Parking Any
Public Works,
Time." Said information shall be specifically shown on plans
Development Services
submitted for building permits.
29
The proposed "Street A" shall have stop control at Cerritos Avenue.
Public Works,
Building plans shall show a stop sign on the private drive and a stop
Development Services
bar and legend painted on the street per the latest versions of the City
of Anaheim Engineering Standard Details 434 and 436.
30
Vehicle gates shall not be installed across Private Street "A" project
Public Works,
entry without providing a vehicle turnaround area to the satisfaction
Development Services
of the City Standard Details and the City Engineer.
31
All required public improvements shall be completed and operational
Public Works,
and submitted for approval to the Construction Services Division
Development Services
Inspector.
32
All required WQMP improvements shall be operational and verified
Public Works,
by the Construction Services Division Inspector and the
Development Services
Development Services Division.
33
All sidewalks shall be ADA compliant.
Public Works,
Development Services
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34
All required street, landscaping, irrigation, sewer and drainage
Public Works,
improvements shall be constructed prior to final building and zoning
Construction Services
inspections and are subject to review and approval by the
Construction Services inspector.
35
Vines or other similar planting material shall be planted and
Planning Department
maintained on the block wall adjacent to Cerritos Avenue to soften
the wall and discourage graffiti.
GENERAL
36
Conditions of approval related to each of the timing milestones above
Planning Department
shall be prominently displayed on plans submitted for permits. For
example, conditions of approval that are required to be complied with
prior to the issuance of building permits shall be provided on plans
submitted for building plan check. This requirement applies to grading
permits, final maps, street improvement plans, water and electrical
plans, landscape irrigation plans, security plans, parks and trail plans,
and fire and life safety plans, etc.
37
The Applicant shall defend, indemnify, and hold harmless the City
Planning Department
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.
38
The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 days of the
Planning Department
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.
39
The property shall be developed substantially in accordance with plans
and specifications submitted to the City of Anaheim by the applicant
Planning Department
and which plans are on file with the Planning Department.
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