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Resolution-PC 2017-058RESOLUTION NO. PC2017-058 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2017-05917 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00100) (2730 WEST BALL ROAD) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for Conditional Use Permit No. 2017-05917 to permit the construction of a 41 -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 -4" Multiple -Family Residential Zone, and density bonus incentives, for that certain real property located at 2730 West Ball 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, Conditional Use Permit No. 2017-05917 is proposed in conjunction with a tentative tract map to create a 1 -lot, 41 -unit condominium subdivision on the Property, which is designated as "Tentative Tract Map No. 18097"; and WHEREAS, Conditional Use Permit No. 2017-05917, and Tentative Tract Map No. 18097 shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the 1.78 -acre project site consists of one parcel developed with a single family home and is zoned "T" Transition Zone, is within the "R -O" Residential Opportunity Overlay Zone, and designated for Medium Density Residential land uses by the General Plan, and is therefore subject to the "RM -4" Multiple Family Residential Zone standards; and WHEREAS, all development within the "RM -4" 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 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. 2017-05917 will permit the reduction in the interior setbacks, and setbacks between buildings requirements of the "RM -4" Multiple -Family Residential Zone for the Property; and - 1 - PC2017-058 WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 26, 2017, 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 the Planning Commission continued the item to the July 10, 2017 meeting; 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. 2017-05917: 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; - 2 - PC2017-058 7. The Project complies with the General Plan and will comply with the zoning for the Property. 8. The granting of the conditional use permit under the conditions unposed 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 Pen -nit No. 2017-05917, contingent upon and subject to: (1) the adoption by this Planning Commission of a resolution approving Tentative Tract Map No. 18097, all of which entitlements are now pending; and (2) 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. -3 - PC2017-058 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 July 10, 2017. 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: �w 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 July 10, 2017, by the following vote of the members thereof- AYES: hereof AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE, KEYS, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: LIEBERMAN IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of July, 2017. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2017-058 EXHIBIT "A" DEV NO. 2016-00100 APN: 126-310-10 J W Ln tn W BALL RD 28' 105' ot U Z O Cr Q S Ln o'� m m o � cD h I LL LL V Q 128' V1 LOLA AVE Ln _J Q F- d' H a LL LLO Lnu � u ,ter Source: Recorded Tract Maps and/or City GIS. art Please note the accuracy is +/- two to five feet. -5 - PC2017-058 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2017-05917 (DEV2016-00100) - 6 - PC2017-058 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT PRIOR TO ISSUANCE OFA GRADING PERMIT 1 The applicant shall prepare and submit a grading plan showing building Public Works, footprints, pad elevations, finished grades, drainage routes, retaining walls, Development Services erosion control, slope easements and other pertinent information in accordance with Anaheim Municipal Code and the California Building Code, latest edition. 2 The applicant shall prepare and submit a final drainage study, including Public Works, supporting hydraulic and hydrological data to the City of Anaheim for review Development Services and approval. The study shall confine or recommend changes to the City's adopted Master Drainage Plan by identifying off-site and on-site storm water runoff impacts resulting from build -out of permitted General Plan land uses. In addition, the study shall identify the project's contribution and shall provide locations and sizes of catchments and system connection points and all downstream drainage -mitigating measures including but not limited to offsite storm drains and interim detention facilities. 3 The applicant shall submit a final Geotechnical Report to the Public Works Public Works, Development Services Division for review and approval. The report shall Development Services address all City comments provided in the preliminary report. 4 The owner shall obtain the required coverage under California's General Public Works, Permit for Stormwater Discharges associated with Construction Activity by Development Services 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. 5 The owner shall prepare a Stormwater Pollution Prevention Plan (SWPPP). Public Works, The SWPPP shall be kept at the project site and be available for Public Works Development Services Development Services Division review upon request. 6 The applicant shall submit a Water Quality Management Plan (WQMP) to the Public Works, City for review and approval. The WQMP shall be consistent with the Development Services requirements of Section 7 and Exhibit 7.II of the Orange County Drainage Area Management Plan (DAMP) for New Development/ Significant Redevelopment projects. identify potential sources of pollutants during the long-term on-going maintenance and use of the proposed project that could affect the quality of the stormwater runoff from the project site; define Source Control, Site Design, and Treatment Control (if applicable) best management practices (BMPs) to control or eliminate the discharge of pollutants into the surface water runoff; and provide a monitoring program to address the long- - 6 - PC2017-058 - 7 - PC2017-058 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT term implementation of and compliance with the defined BMPs. Submit three (3) copies and a plan checking deposit to the Public Works/Development Services for review and approval. 7 All required plans and studies shall be prepared by a Registered Professional Public Works, Engineer in the State of California. Development Services 8 That the developer/owner shall submit a set of improvement plans for Public Public Utilities, Utilities Water Engineering review and approval in detennining the conditions Water Engineering necessary for providing water service to the project. PRIOR TO THE ISSUANCE OF BUILDING PERMITS 9 The applicant shall record Tract Map No. 18079 for condominium purposes Public Works, only pursuant to the Subdivision Map Act and in accordance with City Code. Development Services Provide a duplicate photo Mylar of the recorded map to the City Engineer's office. 10 The applicant shall provide a certificate, from a Registered Civil Engineer, Public Works, certifying that the finished grading has been completed in accordance with Development Services the City approved grading plan. 11 On-site drives, paseos, sewer and storm drain facilities shall be privately Public Works, owned and maintained. Development Services 12 All required public improvements shall be designed and constructed in Public Works, accordance with City Code, Standards and Specifications. Development Services 13 A Right of Way Construction Permit shall be obtained from the Public Works, Development Services Division for all work performed in the public right- Development Services of -way. 14 All Landscape plans shall comply with the City of Anaheim adopted Planning Division, Landscape Water Efficiency Guidelines. This ordinance is in compliance Planning and Building with the State of California Model Water Efficient Landscape Ordinance Department (AB 1881). 15 Prior to the issuance of a building permit, the applicant shall submit draft Public Works, Traffic Covenants Conditions and Restrictions (CC&Rs) that are prepared by an Engineering authorized professional for review and approval by the City Engineer, Planning Director, and City Attorney, which will generally provide for the following: a. A requirement that residents shall use designated parking area, including garages, only for the parking of vehicles. b. A provision that parking garages are subject to inspection by the Association or City of Anaheim staff. - 7 - PC2017-058 - 8 - PC2017-058 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT c. A provision requiring that proposed amendments to the CC&Rs shall be submitted for review to the City Engineer, Planning Director or designee, and shall be approved by the City Attorney prior to the amendment being valid. d. A provision that the City is a third -party beneficiary to the CC&Rs and has the right, but not the obligation, to enforce any of the provisions of the CC&Rs relative to common area and utility maintenance, Water Quality Management Plan, and internal parking. 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 Water Engineering for 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 inforination 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 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 - 8 - PC2017-058 - 9 - PC2017-058 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 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. 22 The developer/owner shall submit to the Public Utilities Department Water Public Utilities, 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 If any off-site water system improvements are required to serve the project, Public Utilities, a performance bond in the amount approved by the City Engineer and form Water Engineering approved by City Attorney shall be posted with the City of Anaheim. PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS 24 All public improvements shall be constructed by the developer, inspected Public Works, and accepted by Construction Services prior to final building and zoning Development Services inspection. 25 All remaining fees/deposits required by Public Works department shall be Public Works, paid in full. Development Services 26 The applicant shall set all Monuments in accordance with the final map and Public Works, submit all centerline ties to Public Works Department. Any monuments Development Services damaged as a result of construction shall be reset to the satisfaction of the City Engineer. 27 The applicant shall construct street improvements on Ball Road including Public Works, not limited to curb, gutter, ADA ramp sidewalk, parkway, parkway drain Development Services and existing driveway removal. Ball Road is under street cut moratorium, additional grind and overlay shall be required for any street cut on Ball Road. Limits to be determined by the City Engineer during the final design. 28 The applicant shall construct all required street improvements on Macduff Public Works, Street along the project's frontage including but not limited to curb, gutter, Development Services widening, I/2 width of full pavement section, ADA ramps, sidewalk, cross gutter and Parkway. Additional grind and overlay beyond the street CL may - 9 - PC2017-058 _10- PC2017-058 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT be required to achieve the required street cross slope. Limits of the grind and overlay beyond the street CL will be determined by the City Engineer during the final design. 29 Vehicle gates shall not be installed across the project driveways or access Public Works, roads without approval from Traffic Engineering, and said gates shall Traffic Engineering conform to the current version of Engineering Standard Detail 475. 30 A minimum of two connections to public water mains and water looping Public Utilities, inside the project are required. Water Engineering 31 The owner shall install an approved backflow prevention assembly on the Public Utilities, water service connection(s) serving the property, behind property line and Water Engineering building setback in accordance with Public Utilities Department Water Engineering Division requirements. 32 The following minimum horizontal clearances shall be maintained between Public Utilities, proposed water main 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, footings, trees, and stormwater BMPs. 33 No public water main or public water facilities shall be installed in private Public Utilities, alleys or paseo areas. Water Engineering 34 No public water mains or laterals allowed under parking stalls or parking Public Utilities, lots. Water Engineering 35 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. Engineering Water 36 Prior to commencement of structural framing, fire hydrants shall be installed Fire & Rescue and charged as required and approved by the Fire Department. Life Safety Division 37 An all-weather access road as approved by the Fire Department shall be Fire & Rescue provided during construction. Life Safety Division 38 Fire hydrants shall meet minimum Fire Department Specifications and Fire & Rescue Requirements for spacing, distance to structure and available fire flow. Life Safety Division 39 Emergency vehicular access shall be provided and maintained in accordance Fire & Rescue with Fire Department Specifications and Requirements. Life Safety Division _10- PC2017-058 - 11 - PC2017-058 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT ON-GOING DURING PROJECT GRADING, CONSTR UCTION AND OPERATIONS 40 Any Graffiti painted or marked upon the premises or on any adjacent area Planning and Building under the control of the licensee shall be removed or painted over within 24 Department, hours of being applied. Code Enforcement Division GENERAL 41 Prior to final map approval, the Developer shall execute and record against Community and the Property a Density Bonus Housing Agreement in a form and substance Economic Development acceptable to the Planning Director and the City Attorney, and if required Department by the Density Bonus Housing Agreement, a declaration of covenants, conditions, and restrictions ("CC&R's") that sets forth the terms and conditions of approval of said Density Bonus. The Density Bonus Housing Agreement/CC&R's shall be binding on the Developer and all future owners and successors in interest thereof The Density Bonus Housing Agreement shall require the Density Bonus units to be offered for sale to the initial buyer of the Density Bonus units at an affordable housing cost to moderate income households and shall include the requirement for an equity sharing agreement, whereby the initial buyer of each Density Bonus unit shall enter into an agreement with the City requiring each such initial buyer to pay to the City upon the initial resale of each Density Bonus unit the City's proportional share of appreciation in accordance with paragraph .0105 (For - Sale Housing) of subsection .010 (Approval) of Section 18.52.040 (General Density Bonus) of the Code. 42 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 43 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. 44 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. - 11 - PC2017-058 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 45 The Applicant shall defend, indemnify, and hold harmless the City and its Planning and Building 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. 46 Although the project would be limited to developed and disturbed land, Planning and Building direct impacts to migratory nesting birds must be avoided to comply with Department, the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code Planning Services (CFGC). Thus, compliance with these existing federal and state regulations Division is required to minimize any potential impacts to nesting birds and raptors. - 12- PC2017-058