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RES-2016-136RESOLUTION NO. 2 016 -13 6 A RESOLUTION OF THE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND ADOPTING CONDITIONAL USE PERMIT NO. 2015-05832. (DEV2015-00101) (415 SOUTH ANAHEIM HILLS ROAD) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for Conditional Use Permit No. 2015-05832 to permit the construction of a 60 -unit attached, single-family residential project (the "Project") with modified development standards, i.e., a reduction in setback requirements and distance between buildings of the "RM -1" Multiple -Family Residential Zone, for that certain real property located at 415 South Anaheim Hills Road 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"); and WHEREAS, the Property is approximately 8.4 acres in size and is located in the "OS" Open Space Zone. The Property is also located within the Scenic Corridor (SC) Overlay Zone, meaning that the regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Anaheim Municipal Code (the "Code") shall apply to development of the Property. The Property is designated on the Land Use Element of the General Plan for "Open Space" and "Water" uses; and WHEREAS, Conditional Use Permit No. 2015-05832 is proposed in conjunction with a request (i) to amend "Figure LU -4: Land Use Plan" of the Land Use Element of the Anaheim General Plan to re -designate those portions of the Property designated as "Open Space" and "Water" land uses to "Corridor Residential", "Open Space" and "Water" land uses so that a portion of the Property will be designated for "Corridor Residential" land uses and a portion of the Property will remain "Open Space" and "Water" land uses, which amendment to the General. Plan is designated as "General Plan Amendment No. 2015-00505", (ii) to rezone or reclassify the Property from the "OS" Open Space Zone to the "RM -1" Multiple -Family Residential Zone, which reclassification is designated as "Reclassification No. 2015-00284", (iii) for approval of a tentative tract map to permit a 60 -lot single-family, attached residential subdivision of the Property, which is designated as "Tentative Tract Map No. 17959", and (iv) for approval of Development Agreement No. 2016-00003 to provide the Developer a vested right to develop the Project in accordance with General Plan Amendment No. 2015-00505, Reclassification No. 2015-00284, Conditional Use Permit No. 2015-05832 and Tentative Tract Map No. 17959 for the term of the Development Agreement; and WHEREAS, General Plan Amendment No. 2015-00505, Reclassification No. 2015- 00284, Conditional Use Permit No. 2015-05832, Tentative Tract Map No. 17959, Development Agreement No. 2016-00003 and the Project shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, all development within the "RM -1" Multiple -Family Residential Zone that includes single-family attached and detached dwellings is subject to approval by the Planning Commission of a conditional use permit pursuant to Subsection .010 of Section 18.06.160 (Residential Planned Unit Development) of the Code. Pursuant to subsection .030 of Section 18.06.160 (Residential Planned Unit Development) of the Code, the minimum setback requirements, as set forth in Section 18.06.090 (Structural Setbacks), and the setbacks between buildings, as set forth in Subsection .050 of Section 18.06.090 of the Code, may be modified in order to achieve a good project design, privacy, livability, and compatibility with surrounding uses. Upon the adoption of an ordinance rezoning or reclassifying the Property from the "OS" Open Space Zone to the "RM -1" Multiple -Family Residential Zone, Conditional Use Permit No. 2015-05832 will permit the reduction in the street setbacks and setbacks between buildings requirements of the "RM -1" Multiple -Family Residential Zone for the Property; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, a draft Mitigated Negative Declaration was prepared in accordance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual to evaluate the physical environmental impacts of the Proposed Project; and WHEREAS, in conformance with CEQA and the CEQA Guidelines, a Mitigation Monitoring Plan has been prepared for the Proposed Project and includes mitigation measures that are specific to the Proposed Project (herein referred to as "MMP No. 333"). A complete copy of MMP No. 333 is on file and can be viewed in the Planning Services Division of the City; and WHEREAS, on June 13, 2016, the Planning Commission held a public hearing, notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Code, to consider the Mitigated Negative Declaration and to hear and consider evidence for and against the Proposed Project and related actions, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, based upon a thorough review of the Proposed Project and the Mitigated Negative Declaration, including MMP No. 333 and the comments received and the responses prepared, the Planning Commission adopted its Resolution No. PC2016-050 on June 13, 2016, finding that the Proposed Project will have a less than significant impact upon the environment with the implementation of the conditions of approval and the mitigation measures contained in MMP No. 333 and recommending that this City Council approve and adopt the Mitigated Negative Declaration and MMP No. 333; and WHEREAS, by the adoption of its Resolution No. PC2015-053 on June 13, 2016, the Planning Commission recommended that the City Council approve and adopt proposed 2 Conditional Use Permit No. 2015-05832, contingent upon and subject to: (1) the adoption by the City Council of (i) a resolution approving and adopting General Plan Amendment No. 2015- 00505, (ii) an ordinance authorizing an amendment to the Zoning Map to rezone and reclassify the Property to the "RM -1" Multiple -Family Residential Zone under Reclassification No. 2015- 00284, and (iii) the adoption by the City Council of a resolution approving Tentative Tract Map No. 17959, all of which entitlements are now pending; (2) the mitigation measures set forth in MMP No. 333, and (3) the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference; and WHEREAS, upon receipt of the Planning Commission's Resolutions Nos. PC2016-050, PC2016-051, PC2016-052, PC2016-053, PC2016-054 and PC2016-055, a summary of evidence and a report of the findings and recommendations of the Planning Commission, the City Council did fix the 12th day of July, 2016, as the time, and the City Council Chamber in the Civic Center, as the place, for a public hearing on the Proposed Project and for the purpose of considering evidence for and against the Mitigated Negative Declaration, MMP No. 333 and the Proposed Project, and did give notice thereof in the manner and as provided by law; and WHEREAS, on July 12, 2016, the City Council did conduct a public hearing to hear and consider evidence for and against the Mitigated Negative Declaration, MMP No. 333 and the Proposed Project and to investigate and make findings in connection therewith; and WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the adoption of this Resolution and pursuant to the provisions of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual, this City Council found and determined, among other things, that the Proposed Project will have a less than significant impact upon the environment with the implementation of the conditions of approval and the mitigation measures attached to that concurrent Resolution and contained in MMP No. 333 and, accordingly, approved and adopted the Mitigated Negative Declaration and MMP No. 333; and WHEREAS, at said public hearing and pursuant to Subsection .030 of Section 18.06.160 (Residential Planned Unit Development) of the Code, this City Council, after due consideration, inspection, investigation and study made by itself and in its behalf, and after due consideration of the recommendations of the Planning Commission and all evidence and reports offered at said hearing does hereby find and determine the following facts with respect to Conditional Use Permit No. 2015-05832: 1. The uses within the Project are compatible with the surrounding land uses; 2. New buildings or structures related to the 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; 3. Vehicular and pedestrian access are adequate; 4. The Project is consistent with any adopted design guidelines applicable to the Property; 5. The size and shape of the site proposed for the proposed Project is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area; 6. 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; 7. The impact upon the surrounding area has been mitigated to the maximum extent practicable; 8. The Project complies with the General Plan, as amended by General Plan Amendment No. 2015-00505, now pending; 9. The proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 17959, including its design and improvements, will, upon approval thereof, comply with the Subdivision Map Act; and 10. 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. WHEREAS, this City Council 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. This City Council 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, based upon the aforesaid findings and determinations, this City Council does hereby approve Conditional Use Permit No. 2015-05832, contingent upon and subject to: (1) the adoption by the City Council of an ordinance authorizing an amendment to the Zoning Map to rezone and reclassify the Property to the "RM -1" Multiple - Family Residential Zone under Reclassification No. 2015-00284, (2) the adoption of a resolution approving Tentative Tract Map No. 17959, all of which entitlements are now pending; (3) the mitigation measures set forth in MMP No. 333, and (4) 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. 4 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 12 day of July , 2016, by the following roll call vote: AYES: Mayor Pro Tem Kring and Council Members Murray, Brandman, and Vanderbilt NOES: None ABSENT: Mayor Tait ABSTAIN: None 117824v1/TJR 5 CITY OF ANAHEIM A�- Y;�� MA OR OF THE CITY OF IM PRO TEM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2016-136 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 12th day of July, 2016, by the following vote of the members thereof: AYES: Mayor Pro Tem Kring and Council Members Murray, Brandman and Vanderbilt NOES: None ABSTAIN: None ABSENT: Mayor Tait IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 26th day of July, 2016. PIX -r - CITY CLERK OF THE CITY O ANAHEIM (SEAL) c�A PN• 'IR'3_d77_f13 .nt RO EXHIBIT „A" DEN' V0. 2015-00101 Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2015-05832 (DEV2015-00101) RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT PRIOR TO ISSUANCE OF A GRADING PERMIT I The project's Final Site Plan, Grading, and Drainage Report shall be Public Works, submitted for review and approval to the Orange County Public Development Services Works/Orange County Flood Control District (OCFCD). Developer shall obtain all required OCFCD permits. 2 The project's Final Drainage Report and Soils Report shall be submitted Public Works, for review and approval to City of Anaheim Public Works Development Development Services Services Division. 3 The final Water Quality Management Plan (WQMP) shall be submitted Public Works, for review and approval to Public Works Development Services Division Development Services and comply with the most current requirements of the Orange County Drainage Area Management Plan (DAMP). 4 The property owner shall submit project improvement plans that Public Works, incorporate the required drainage improvements and the mechanisms Development Services proposed in the approved Final Drainage Report. No offsite run-off shall be blocked during and after grading operations or perimeter wall construction. Finish floor elevations shall be 1 -ft. minimum above water surface elevations of 100 -year event. 5 The applicant shall demonstrate that coverage has been obtained under Public Works California's General Permit for Stormwater Discharges Associated with Development Services Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number. The applicant 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 upon request. 6 That the developer shall submit a set of improvement plans for Public Public Utilities, Water Utilities Department review and approval in determining the conditions Engineering necessary for providing water service to the project. RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT PRIOR TO APPROVAL OF PLANS RELATED TO WATER ENGINEERING 7 Within 30 days of project approval, the owner shall install an approved Public Utilities, backflow prevention assembly on the water service connection(s) serving Water Engineering the property, behind property line and building setback in accordance with Public Utilities Department Water Engineering Division requirements. 8 All fire services 2 -inch and smaller shall be metered with a UL listed Public Utilities, meter, Hersey Residential Fire Meter with Translator Register, no equals. Water Engineering 9 A minimum of two connections to public water mains and water looping Public Utilities, inside the project are required. Water Engineering 10 The following minimum horizontal clearances shall be maintained Public Utilities, between proposed water main and other facilities: Water Engineering - 10 -feet minimum separation (outside wall -to -outside wall) from sanitary sewer mains and laterals, and any buildings, footings, and walls - 5 -feet minimum separation from all other utilities, including storm drains, gas, and electric - 6 -feet minimum separation from curb face 11 No public water main or public water facilities shall be installed in Public Utilities, private alleys or paseo areas. Water Engineering 12 No public water mains or laterals shall be allowed under parking stalls Public Utilities, or parking lots. Water Engineering PRIOR TO THE ISSUANCE OF BUILDING PERMITS 13 All backflow equipment shall be located above ground outside of the Public Utilities, street setback area in a manner fully screened from all public streets and Water Engineering 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 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 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT shown on plans and approved by Water Engineering and Cross Connection Control Inspector. 14 That a private water system with separate water service for fire Public Utilities, protection and domestic water shall be provided and shown on plans Water Engineering submitted to the Water Engineering Division of the Anaheim Public Utilities Department. 15 All requests for new water services, backflow equipment, or fire lines, as Public Utilities, well as any modifications, relocations, or abandonments of existing water Water Engineering services, backflow equipment, and fire lines, shall be coordinated and permitted through the Water Engineering Division of the Anaheim Public Utilities Department. 16 The Owner shall irrevocably offer to dedicate to the City of Anaheim (i) Public Utilities, an easement for all large domestic above -ground water meters and fire Water Engineering 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 & R's for the project. 17 That the developer/owner shall submit a water system master plan, Public Utilities, including a hydraulic distribution network analysis, for Public Utilities Water Engineering Water Engineering 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. 18 That the developer/owner shall submit to the Public Utilities Department Public Utilities, Water Engineering Division an estimate of the maximum fire flow rate Water Engineering 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 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT Regulations. 19 That water improvement plans shall be submitted to the Water Public Utilities, Engineering Division for approval and a performance bond in the amount Water Engineering approved by the City Engineer and form approved by City Attorney shall be posted with the City of Anaheim. 20 That individual water service and/or fire line connections will be Public Utilities, required for each parcel or residential, commercial, industrial unit per Water Engineering Rule 18 of the City of Anaheim's Water Rates, Rules and Regulations. 21 The property owner/developer shall coordinate with Electrical Public Utilities, Engineering to establish electrical service requirements and submit Electrical Engineering electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. 22 The legal owner shall provide to the City of Anaheim a Public Utilities Public Utilities, easement with dimensions as shown on the approved utility service plan. Electrical Engineering 23 The legal owner shall submit payment to the City of Anaheim for service Public Utilities, connection fees. Electrical Engineering 24 The property owner/developer shall underground any existing and new Public Utilities, power poles and lines. Electrical Engineering 25 Prior 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 Development Services Department of Public Works and the Orange County Surveyor for technical review and that all the applicable conditions of approval have been complied with and then shall be filed in the office of the Orange County Recorder. 26 Prior to issuance of the grading permit and right-of-way construction Public Works, permit for the storm drain and sewer, whichever occurs first, a Save Development Services Harmless 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. 27 The developer shall dedicate to the City sidewalk easements to provide Public Works, ADA accessible path of travel (4 -ft.) around existing and proposed Development Services obstructions (i.e. street lights, etc.) and existing and proposed driveway location along Anaheim Hills Road to the satisfaction of the City Engineer, as needed. RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS 28 Address numbers shall be positioned so as to be readily readable from Police Department the street. Numbers shall be visible during hours of darkness. 29 "No Trespassing 602(k) P.C." posted at the entrances of parking Police Department lots/structures and located in other appropriate places (i.e., Resident gathering points and access points, bicycle parking, etc.) Signs must be at least 12" wide x 24" high in overall size, with white background and black 2" lettering. 30 All entrances to parking areas should be posted with appropriate signs Police Department per 22658(a) C.V.C. to assist in removal of vehicles at the property owner's/manager's request. 31 Monument signs and addresses shall be well lighted during hours of Police Department darkness. 32 Fire lanes shall be posted with "No Parking Any Time." Said Public Works, information shall be specifically shown on plans submitted for reiterate Traffic Engineering building permits. 33 That 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 clearly Traffic Engineering labeled on building plans. 34 That prior to final building and zoning inspection, the developer shall Public Works, construct full width sidewalk from curb to ROW line with transition to Development Services existing sidewalk from La Paz Way to the existing driveway approach south of the subject property on Anaheim Hills Road. 35 All required on-site Water Quality Management Plan, sewer, storm drain, Public Works, and public right of way improvements shall be completed, operational, Development Services and are subject to review and approval by the Construction Services Inspector. 36 That prior to final building and zoning inspections, ADA compliant curb Public Works, access ramp with truncated domes shall be constructed at the southwest Development Services corner of the intersection of Anaheim Hills Road and La Paz Way in conformance with Public Works Standard Detail 111-3. RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 37 Vehicle gates shall not be installed across the project driveways or access Public Works, roads without providing a vehicle turnaround area to the satisfaction of the City Engineer. Traffic Engineering ON-GOING DURING PROJECT GRADING, CONSTRUCTIONAND OPERATIONS 38 Any Graffiti painted or marked upon the premises or on any adjacent Police Department area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 39 Trash storage areas shall be provided and maintained in a location Public Works acceptable to the Public Works Department, Streets and Sanitation Division Department, Streets and and in accordance with approved plans on file with said Department. Said Sanitation Division storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum 1 -gallon size clinging vines planted on maximum 3 -foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 40 The Owner shall be responsible for restoring any special surface Public Utilities, improvements, other than asphalt paving, within any right-of-way, public Water Engineering 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 C,C&R's for the project and the City easement deeds. GENERAL 41 The subject Property shall be developed substantially in accordance with Planning and Building plans and specifications submitted to the City of Anaheim by the Department, applicant and which plans are on file with the Planning Department, and Planning Services as conditioned herein. As noted by the applicant on the record during the Division Planning Commission hearing, a modification to the site plan and tract map intended to separate the 12 -unit building, generally located in the middle of the subdivision, will be made and recommended for approval by the City Council in conjunction with its consideration of the project. RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 42 Conditions of approval related to each of the timing milestones above shall Planning and Building be prominently displayed on plans submitted for permits. For example, Department, conditions of approval that are required to be complied with prior to the Planning Services issuance of building permits shall be provided on plans submitted for Division 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. 43 The applicant is responsible for paying all charges related to the Planning and Building processing of this discretionary case application within 30 days of the Department, issuance of the final invoice or prior to the issuance of building permits Planning Services for this project, whichever occurs first. Failure to pay all charges shall Division result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 44 The Applicant shall defend, indemnify, and hold harmless the City and Planning and Building its officials, officers, employees and agents (collectively referred to Department, individually and collectively as "Indemnitees") from any and all claims, Planning Services actions or proceedings brought against Indemnitees to attack, review, set Division 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.