Loading...
Resolution-PC 2019-039RESOLUTION NO. PC2019-039 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 2018-05113 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2018-00112) (112-114 NORTH CARLETON AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission") did receive a verified petition for Variance No. 2018-05113 to permit structural and landscape setbacks adjacent to interior property lines and a public alley less than required by the Anaheim Municipal Code (the "Code"), and to utilize recreational leisure areas within the required interior setback, to allow for the future construction of a four unit apartment complex (herein referred to collectively as the "Proposed Project") for certain real property located at 112-114 North Carleton Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property, approximately 0.15 acres in size and is currently vacant. The Anaheim General Plan designates the Property for Medium Density Residential land uses. The Property is located in the "RM -4" Multiple Family Residential Zone, meaning that the regulations contained in Chapter 18.06 (Multiple -Family Residential Zones) of the Anaheim Municipal Code (the "Code") shall apply; and WHEREAS, WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on October 28, 2019 to hear and consider evidence for and against proposed Variance No. 2018-05113 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"); 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, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 3 — New Construction or Conversion of Small Structures) which consist of the construction and location of limited numbers of new, small facilities or structures. Section 15303 of the CEQA Guidelines provides examples of projects that qualify for an exemption from the provisions of CEQA, one of which being the construction of apartments, duplexes and similar structures designed for not more than six dwelling units. Since the Proposed Project consists of the proposed construction of a four- - 1 - PC2019-039 unit apartment complex, the Proposed Project will not cause a significant effect on the environment and is, therefore, 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 pertaining to the request for Variance No. 2018-05113 to allow structural and landscape setbacks less than required by the Code, and use of the interior landscape setback for recreation leisure areas for a future four -unit apartment complex, should be approved for the following reasons: SECTIONS NO. 18.06.090.020.0201 AND 18.40.040.020.0201.01 SECTION NO. 18.06.090.030 SECTION NO. 18.06.100.020.0202 Minimum Structural Setback Adjacent to a Public Alley. (20 feet required; 7 feet proposed) Minimum Structural Setback Adjacent to an Interior Property Line. (15 feet required; 10 feet proposed on 1St floor) Common Recreational -Leisure Areas. Use of interior landscape setback for portion of recreational -leisure area. 1. There are special circumstances applicable to the Property including size, shape, location and surroundings, which do not apply to other properties under the identical zoning classification in the vicinity of the Proposed Project. With required alley and corner cutoff dedications, the resulting 6,584 square foot lot with a nonconforming lot width makes it difficult to meet all of the development standards while providing adequate setbacks for the proposed apartment complex. A variance will allow for the development of the Property that is compatible with other multiple -family apartment complexes on Carleton Avenue and Diamond Street. 2. The subject property has a width and depth of 50 by 133 feet and a lot area of approximately 0. 15 acres. Granting the variances would allow the property to be developed in a manner that is consistent with other multiple family residential properties in the vicinity because of the special circumstances applicable to the property. Because of these special circumstances, strict application of the Municipal Code deprives the property of privileges enjoyed by other properties that exist with similar interior setbacks in the area. Furthermore, the entire structural and landscape setback will be utilized for recreational leisure purposes and will consist of tree wells, landscape planters, decorative pavers, and amenities for tenants, 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. - 2 - PC2019-039 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Variance No. 2018-05113, contingent upon and subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete 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 October 28, 2019. Said Resolution is subject to the appeal provisions set forth in Section 18.60.130 (Appeals — Planning Commission Decisions) of 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. CH A ERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3 - PC2019-039 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 October 28, 2019, by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MEEKS, MULLEADY, VADODARIA, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE 2019. IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of October, SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2019-039 APN: 255-032-01 EXHIBIT "A" DEV NO. 2018-00112 W PEARL ST W LINCOLN AVE W DIAMOND ST ua Q Z O w J cc Q U 50' in t7 m m 50' W LINCOLN AVE 1N GENj " ' 5� Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. 5 - PC2019-039 EXHIBIT "B" VARIANCE NO. 2018-05113 (DEV2018-00112) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO THE ISSUANCE OF A GRADING PERMIT 1 The project's Final Grading, Soils, and Drainage Report, WQMP and Public Works Street Improvement Plans shall be submitted for review and approval Department, to the Development Services Division. Development Services Division 2 The final Water Quality Management Plan (WQMP) shall be Public Works submitted for review and approval to Public Works Development Department, Services Division and comply with the most current requirements of the Orange County Drainage Area Management Plan (DAMP). Development Services Division 3 The property owner shall submit project improvement plans that Public Works incorporate the required drainage improvements and the mechanisms Department, proposed in the approved Final Drainage Report. Post -development storm event run-off shall be less than or equal to the existing pre- Development Services development storm event run-off. No offsite run-off shall be blocked Division 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. 4 The developer shall submit street improvement plans, obtain a right of Public Works way construction permit, and post a security (Performance and Labor Department, & Materials Bonds) in an amount approved by the City Engineer and in a form approved by the City Attorney for the construction of all Development Services required public improvements within the City street right of way of Division Carleton Ave, Diamond Street and the adjacent public alley to include a 4 -ft. sidewalk at the ultimate right of way and 8 -ft. parkway with irrigation, new curb ramp, new driveway approaches, parkway drains, public utility improvements, alley improvements, etc. Improvements shall conforin to the applicable City Standards and as approved by the City Engineer. 5 The property owner shall irrevocably offer to dedicate to the City of Public Works Anaheim an additional 3 -ft. easement on the adjacent alley and a 25- Department, ft. by 25 -ft. corner cut-off easement at the corner of Carleton Avenue and Diamond Street for road, public utilities, and other public Development Services purposes. Division - 6 - PC2019-039 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 6 Prior to the issuance of a grading permit, the project Public Works applicant/developer shall take soil samples to ensure that no Department, contamination exists on-site. If any contamination exists, then the applicant shall contact the appropriate agency (i.e., Orange County Development Services Health Care Agency, Department of Toxic Substances and Control, or Division the Regional Water Quality Board) for review and coordination. With Planning and Building their oversight, additional environmental site assessment may be Department, Planning required and a determination shall be made as to whether a cleanup is Services Division required. Cleanup activities shall be consistent with all applicable State and local rules, regulations, and laws. A cleanup would not be considered complete until confirmatory samples of soil and/or groundwater reveal levels of contamination below the standards established by the oversight agency. In conjunction with the additional site assessment, a risk assessment may be prepared for the site to determine that there are no human or environmental risks associated with leaving contamination below specific levels in place. In the event that contamination exists, construction in the impacted area shall not proceed until a "no further action" clearance letter or similar determination is issued by the oversight agency and provided to the City of Anaheim, or until a land use covenant is implemented. 7 The Owner/Developer shall submit a set of improvement plans for Public Utilities Public Utilities Water Engineering review and approval in Water Engineering determining the conditions necessary for providing water service to the project. PRIOR TO THE ISSUANCE OFA BUILDING PERMIT 8 The Civil Engineer of Record shall survey and certify the design pad Public Works elevation and submit a line and grade certification. Department, Development Services Division 9 A cash -in -lieu payment based on the project engineer's cost estimate, Public Works in an amount determined by the City Engineer to be sufficient to pay Department, for future street narrowing along Carleton Ave and Diamond Street, shall be paid to the City of Anaheim. Development Services Division 10 The legal property owner shall submit an application for a Subdivision Public Works Map Act Certificate of Compliance to the Public Works Department, Department, Development Services Division. A Certificate of Compliance shall be approved by the City Engineer and recorded in the Office of the Development Services Orange County Recorder prior to issuance of a building permit. Division - 7 - PC2019-039 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 11 The applicant shall submit to the Public Works Development Services Public Works Division for review and approval a Lot Line Adjustment document. Department, The document shall be approved by the City Surveyor and recorded, Development Services along with conforming deed, in the office of the Orange County Division Recorder. 12 A private water system with separate water service for fire protection, Public Utilities irrigation, and domestic water shall be provided and shown on plans Water Engineering submitted to the Water Engineering Division of the Anaheim Public Utilities Department. 13 Per California Water Code, Division 1, Chapter 8, Article 5, Section Public Utilities 537-537.5) as amended by Senate Bill 7, water submetering shall be Water Engineering furnished and installed by the Owner/Developer and a water submeter shall be installed to each individual unit. Provisions for the ongoing maintenance and operation (including meter billing) of the submeters shall be the responsibility of the Owner and included and recorded in the Master CC&Rs for the project. 14 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 Water 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 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. 15 All requests for new water services, backflow equipment, or fire lines, Public Utilities as well as any modifications, relocations, or abandonments of existing Water Engineering water services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. 16 The Owner shall irrevocably offer to dedicate to the City of Anaheim Public Utilities (i) an easement for all large domestic above -ground water meters and Water 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 - 8 - PC2019-039 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. 17 The Owner/Developer 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.1 of the Water Utility Rates, Rules, and Regulations. PRIOR TO FINAL BUILDING AND ZONING INSPECTION 18 All required on-site Water Quality Management Plan, sewer, storm Public Works drain, and public right of way improvements shall be completed, Department, operational, and are subject to review and approval by the Construction Development Services Services InspSctor. Division 19 The Developer shall construct all improvements along the property's Public Works frontage on Carleton Avenue and Diamond Street shall be constructed Department, by the developer, inspected and approved by Public Works Inspector prior to the final building and zoning inspection. Development Services Division 20 All remaining fees/deposits required by Public Works department must Public Works be paid in full. Department, Development Services Division 21 Owner/Developer shall install an approved backflow prevention Public Utilities assembly on the water service connection(s) serving the property, Water Engineering behind property line and building setback in accordance with Public Utilities Department Water Engineering Division requirements. GENERAL CONDITIONS 22 Garages shall be made available for parking of vehicles at all times. Planning and Building Provisions for the garage parking requirement shall be included in the Department, lease agreements for the units. Planning Services Division - 9 - PC2019-039 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 23 The following minimum clearances shall be provided around all new Public Utilities and existing public water facilities (e.g. water mains, fire hydrants, Water Engineering service laterals, meters, meter boxes, backflow devices, etc.): • 10 feet from structures, footings, walls, stormwater BMPs, power poles, street lights, and trees. • 5 feet from driveways, BCR/ECR of curb returns, and all other utilities (e.g. storm drain, gas, electric, etc.) or above ground facilities. 24 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 Water Engineering equals. 25 All new landscaping shall be installed in conformance with Chapter 18.46 "Landscape and Screening" of the Anaheim Municipal Code Planning and Building and shall be maintained in perpetuity. Landscaping shall be replaced Department, in a timely manner in the event that it is removed, damaged, diseased Planning Services and/or dead. Division 26 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 "Indemnities") from any and all Planning Services claims, actions or proceedings brought against Indemnities to attack, review, set aside, void, or annul the decision of the Indemnities Division 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 Indemnities and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnities in connection with such proceeding. 27 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 for this project, whichever occurs first. Failure to pay all charges shall Planning Services result in delays in the issuance of required permits or may result in the Division revocation of the approval of this application. 28 The subject Property shall be developed substantially in accordance Planning and Building with plans and specifications submitted to the City of Anaheim by the Department, petitioner and which plans are on file with the Planning Department, and as conditioned herein. Planning Services Division -10- PC2019-039