Resolution-PC 2016-104RESOLUTION NO. PC2016-104
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO. 2016-05881 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2016-00027)
(1525 SOUTH EUCLID STREET)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for Conditional Use Permit No. 2016-05881 to
permit the construction of an 18 -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 -3" Multiple -Family Residential Zone, for that certain real
property located at 1525 South Euclid Street 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, Conditional Use Permit No. 2016-05881 is proposed in conjunction with a
request (i) to rezone or reclassify the Property from the "T" Transition Zone to the "RM -3"
Multiple -Family Residential Zone, which reclassification is designated as "Reclassification No.
2016-00296"; and (ii) for approval of a tentative tract map to permit a 1 -lot subdivision for 18
condominium units on the Property, which is designated as "Tentative Tract Map No. 18069";
and
WHEREAS, Reclassification No. 2016-00296, Conditional Use Permit No. 2016-05881,
Tentative Tract Map No. 18069, and the Project shall be referred to herein collectively as the
"Proposed Project"; and
WHEREAS, the Property is approximately 1.04 acres in size and is located in the "T"
Transition Zone. The Property is designated on the Land Use Element of the General Plan for
"Low -Medium Density Residential" land uses; and
WHEREAS, all development within the "RM -3" Multiple -Family Residential Zone that
includes single-family attached dwelling units is subject to approval by the Planning
Commission of a conditional use permit pursuant to Subsection .010 (Residential Planned Unit
Development) of Section 18.06.160 (Residential Planned Unit Development) of Title 18
(Zoning) of the Anaheim Municipal Code (the "Code"). Pursuant to subsection .030
(Modification of Other Standards) of Section 18.06.160 (Residential Planned Unit
Development), the minimum setback requirements, as set forth in Section 18.06.090 (Structural
Setbacks), including Street Setback, Interior Setbacks, Landscaped Portion of Setbacks, and the
Setbacks between Buildings, may be modified in order to achieve a good project design, privacy,
livability, and compatibility with surrounding uses provided that the Planning Commission
makes certain findings set forth in Subsection .050 (Findings) of Section 18.06.090 (Residential
Planned Unit Development). If approved, Conditional Use Permit No. 2016-05881 will permit
the reduction in the street setbacks, interior setbacks, landscape setbacks, and setbacks between
buildings requirements of the "RM -3" Multiple -Family Residential Zone for the Property; and
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WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on December 12, 2016 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
Code, to hear and consider evidence and testimony for and against the Proposed Project and to
investigate and make findings and recommendations in connection therewith; 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 (Title 14 of the California Code of Regulations; 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, by the adoption of a resolution concurrently with, but prior in time to, the
adoption of this Resolution, this Planning Commission found and determined that the Proposed
Project is within that class of projects which consist of in -fill development meeting the
conditions described in Section 15332 of the CEQA Guidelines and will not cause a significant
effect on the environment and is, therefore, categorically exempt from the provisions of CEQA;
and
WHEREAS, pursuant to Subsection .030 (Modification of Other Standards) of Section
18.06.160 (Residential Planned Unit Development), this Planning Commission, after due
consideration, inspection, investigation and study made by itself and in its behalf, and after due
consideration of all evidence and reports offered at said hearing, including the plans submitted
by the applicant, does hereby find and determine the following facts with respect to Conditional
Use Permit No. 2016-05881:
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. Said
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 and the Project;
5. The size and shape of the site proposed for the 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 Project will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area;
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7. The Project complies with the General Plan and will comply with the zoning
for the Property, upon approval of an amendment to the Zoning Map of the Anaheim
Municipal Code to rezone and reclassify the Property into the "RM -3" Multiple -Family
Residential Zone by the adoption by the City Council of an ordinance reclassifying the
Property in accordance with Reclassification No. 2016-00296, now pending.
8. 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 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. This 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, based upon the aforesaid findings and
determinations, this Planning Commission does hereby approve and adopt Conditional Use
Permit No. 2016-05881, 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 -3" Multiple -Family Residential Zone under Reclassification No. 2016-00296, and (2)
the adoption by this Planning Commission of a resolution approving Tentative Tract Map No.
18069, all of which entitlements are now pending; 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. 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 Cormnission 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.
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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 12, 2016. 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.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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 12, 2016, by the following vote of the
members thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, CARBAJAL, DALATI,
HENNINGER, LIEBERMAN, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
2016.
IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of December,
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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APN: 128-511-05
EXHIBIT "A"
DEV NO. 2016-00027
W CERRITOS AVE
W MELLS LN
W CRIS AVE
W CRIS AVE
o so ioo
s
Feet
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2016-05881
(DEV2016-00027)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE DEPARTMENT
PRIOR TO ISSUANCE OFA GRADING PERMIT
1
The property owner/developer shall be responsible to install and improve all
Public Works,
required sanitary sewer facilities at the developer's expense to adequately
Development Services
serve this project in compliance with the City of Anaheim Sewer Design
Manual, City Standards and Regulations, City Engineer's requirements,
Plumbing Code requirements where applicable, and if applicable, Orange
County Sanitation District (OCSD) standards and requirements.
2
Prior to issuance of the grading permit and/or right-of-way construction permit
Public Works,
for the sewer construction, whichever occurs first, a Save Harmless Agreement
Development Services
and/or Encroachment and Maintenance Agreement are required to be executed,
approved by the City, and recorded at the Orange County Recorder's Office by
the applicant against the property for any private sewer facilities within the City
right-of-way and City sewer connection to the Orange County Sanitation
District trunk line in Euclid Avenue to which the private sewer facilities will
connect.
3
If the alleged existing City sewer connection to the Orange County Sanitation
Public Works,
District (OCSD) trunk line does exist and is required to be improved, the
Development Services
applicant/developer shall be responsible to install and/or improve the City
sewer connection and for obtaining approval from OCSD for the modification
or installation of such connection (Developer shall complete the application
and the City will submit to OCSD). The City is unable to assure that OCSD
will approve a new connection and/or upgrades to an existing connection to
their trunk line or that a new connection will be able to be established due to
physical constraints. Therefore, the developer moves forward at his own risk
and with full recognition of the fact that the viability of this development could
hinge upon obtaining a permit from OCSD which may or may not be issued or
upon being able to physically connect to a public sewer system.
4
The project's Grading, Soils, and Drainage Reports shall be submitted for
Public Works,
review and approval to the Development Services Division.
Development Services
5
The final Water Quality Management Plan (WQMP) shall be submitted for
Public Works,
review and approval to Public Works Development Services Division and
Development Services
comply with the most current requirements of the Orange County Drainage
Area Management Plan (DAMP).
6
The property owner shall submit project improvement plans that incorporate
Public Works,
the required drainage improvements and the mechanisms proposed in the
Development Services
approved Final Drainage Report. Post -development storm event run-off shall
be less than or equal to the existing pre -development storm event run-off. No
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
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 storm event.
7
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.
8
Prior to issuance of the grading permit and right-of-way construction permit for
Public Works,
any private storm drain, whichever occurs first, a Save Harmless agreement in-
Development Services
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.
9
That the developer/owner shall submit a set of improvement plans for Public
Public Utilities,
Utilities Water Engineering review and approval in determining the
Water Engineering
conditions necessary for providing water service to the project.
PRIOR TO APPROVAL OF PLANS RELATED TO WATER ENGINEERING
10
Owner shall install an approved backflow prevention assembly on the water
Public Utilities,
service connection(s) serving the property, behind property line and building
Water Engineering
setback in accordance with Public Utilities Department Water Engineering
Division requirements.
11
The following minimum horizontal clearances shall be maintained between
Public Utilities,
proposed water main/meters/appurtenances and other facilities:
Water Engineering
• 10 -feet minimum separation (outside wall -to -outside wall) from
sanitary sewer mains and laterals
• 5 -feet minimum separation from all other utilities, including storm
drains, gas, and electric
• 6 -feet minimum separation from curb face
• 10 -feet minimum separation from structures, power/light poles, and
trees.
12
No public water main or public water facilities shall be installed in private
Public Utilities,
alleys or paseo areas.
Water Engineering
13
No public water mains or laterals allowed under parking stalls or parking
Public Utilities,
lots.
Water Engineering
14
All fire services 2 -inch and smaller shall be metered with a UL listed meter,
Public Utilities,
Hersey Residential Fire Meter with Translator Register, no equals.
Water Engineering
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
PRIOR TO THE ISSUANCE OF BUILDING PERMITS
15
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 applicable conditions of approval have been complied
with and then shall be filed in the Office of the Orange County Recorder.
16
A private water system with separate water service for fire protection and
Public Utilities,
domestic water shall be provided and shown on plans submitted to the Water
Water Engineering
Engineering Division of the Anaheim Public Utilities Department.
17
Water submetering shall be furnished and installed by the Owner/Developer
Public Utilities,
and a water submeter shall be installed to each individual unit. Provisions for
Water Engineering
the ongoing maintenance and operation (including meter billing) of the
submeters shall be the responsibility of the Owner/Developer and included
and recorded in the Master CC & Rs for the project.
18
All backflow equipment shall be located above ground outside of the street
Public Utilities,
setback area in a manner fully screened from all public streets and alleys.
Water Engineering
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 shown on plans and
approved by Water Engineering and Cross Connection Control Inspector.
19
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 Water Engineering Division of the Anaheim Public
Utilities Department.
20
All existing water services and fire services shall conform to current Water
Public Utilities,
Services Standards Specifications. Any water service and/or fire line that
Water Engineering
does not meet current standards shall be upgraded if continued use is
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.
21
The Owner shall irrevocably offer to dedicate to the City of Anaheim (i) an
Public Utilities,
easement for all large domestic above -ground water meters and fire hydrants,
including a five (5) -foot wide easement around the fire hydrant and/or water
Water Engineering
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,
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
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.
22
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
Water Engineering
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.
23
The property owner/developer shall coordinate with Electrical Engineering
Public Utilities,
to establish electrical service requirements and submit electric system plans,
Electrical Engineering
electrical panel drawings, site plans, elevation plans, and related technical
drawings and specifications.
24
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
25
The property owner/developer shall underground any existing and new
Public Utilities,
power poles and lines.
Electrical Engineering
26
The paved pedestrian path along the northerly property line shall be extended
Planning and Building
to provide access to the Euclid Street right-of-way. Such information shall
Department,
be specifically shown on the plans submitted for building permits.
Planning Services
Division
27
Landscaping shall be installed within the 15 -foot setback along the north
Planning and Building
property line to provide additional screening between properties. The
Department,
developer shall submit a Landscape and Irrigation Plan depicting planting
Planning Services
material that provides the necessary screening to the satisfaction of the
Division
Planning Services Division.
PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS
28
All required on-site Water Quality Management Plan (WQMP), sewer, storm
Public Works,
drain, and public right-of-way improvements shall be completed,
Development Services
operational, and are subject to review and approval by the Construction
Services Inspector.
29
Curbs adjacent to the drive aisles shall be painted red to prohibit parallel
Public Works,
parking in the drive aisles. Red curb locations shall be clearly labeled on
Traffic Engineering
building plans.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
30
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
Traffic Engineering
City Engineer.
31
"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.
32
All entrances to parking areas should be posted with appropriate signs per
Police Department
22658(a) C.V.C. to assist in removal of vehicles at the property
owner's/manager's request.
33
Monument signs and addresses shall be well lighted during hours of
Police Department
darkness.
ON-GOING DURING PROJECT GRADING, CONSTRUCTION AND OPERATIONS
34
Any Graffiti painted or marked upon the premises or on any adjacent area
Police Department
under the control of the licensee shall be removed or painted over within 24
hours of being applied.
35
Trash storage areas shall be provided and maintained in a location acceptable to
Public Works
the Public Works Department, Streets and Sanitation Division and in
Department,
accordance with approved plans on file with said Department. Said storage
Streets and Sanitation
areas shall be designed, located and screened so as not to be readily identifiable
Division
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.
GENERAL
36
The subject Property shall be developed substantially in accordance with
Planning and Building
plans and specifications submitted to the City of Anaheim by the applicant
Department,
and which plans are on file with the Planning Department, and as
Planning Services
conditioned herein.
Division
37
Conditions of approval related to each of the timing milestones above shall be
Planning and Building
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 building
Division
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.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
38
The applicant is responsible for paying all charges related to the processing
Planning and Building
of this discretionary case application within 30 days of the issuance of the
Department,
final invoice or prior to the issuance of building permits for this project,
Planning Services
whichever occurs first. Failure to pay all charges shall result in delays in the
Division
issuance of required permits or may result in the revocation of the approval
of this application.
39
The Applicant shall defend, indemnify, and hold harmless the City and its
Planning and Building
officials, officers, employees and agents (collectively referred to individually
Department,
and collectively as "Indemnitees") from any and all claims, actions or
Planning Services
proceedings brought against Indemnitees to attack, review, set aside, void,
Division
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.
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