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Resolution-PC 2008-2• • RESOLUTION NO. PC2008-2 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05268 BE APPROVED (3083 AND 3087 WEST BALL ROAD) WHEREAS, the Anaheim Planning Commission did receive a verified petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California described as follows: 3083 West Ball Road: THE WEST 165 FEET OF THE SOUTH 264 FEET OF THE WEST HALF OF THE WE5T HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFRONIA. EXCEPTING THEREFROM THE WEST 6 FEET OF THE SOUTH 150 FEET THEREOF. 3087 West Ball Road: THE EAST 66 FEET OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, AND THE WEST 6 FEET OF THE SOUTH 150 FEET OF THE WEST 165 FEET OF THE SOUTH 264 FEET OF THE WEST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 10, 2007 at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the January 7, 2008, Planning Commission meeting; and WHEREAS, said 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, does find and determine the following facts: 1. That the applicant proposes a conditional use permit to construct a 20-unit detached single-family residential planned unit subdivision with modification of development standards. -1- PC2008-2 • • 2. That the proposed request to construct a 20-unit attached single-family residential planned unit condominium complex with modification to standards is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section Nos. 18.06.030.040.0402 (Dwellings -Single-Family Attached) and 18.06.160. 3. That the proposed use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because the proposed project is compatible with surrounding land uses and complies with all provisions of the code except as requested herein. 4. That the new buildings are compatible with the scale, mass, bulk, and orientation of existing buildings in the surrounding area. The project is consistent with applicable design guidelines adopted by the City. 5. That vehicular and pedestrian access is adequate. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 6. That 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. 7. That three persons indicated their presence at said public hearing in opposition; and that one letter was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby approve subject Petition for Conditional Use Permit on the basis of the aforementioned findings and subject to the following conditions of approval: COA Conditions of Approval Responsible for Monitorin TIMIIIVG: P RIOR TO ISSUANCE ~F BUILDING PERMIT. COA1 That final detailed elevation plans including colors and Planning materials shall be submitted to the Planning Services Division for review and approval. Any decision by staff regarding said plans maybe appealed to the Planning Commission as a "Reports and Recommendations" item. -2- PC2008-2 • • COA Conditions of Approval Responsible for Monitorin COA2 That all air-conditioning facilities and other ground-mounted Planning equipment shall be properly shielded from view and the sound buffered from adjacent residential properties. Such information shall be specifically shown on the plans submitted for building permits. COA3 That roll-up garage doors shall be shown on plans submitted Planning for building permits. Said doors shall be installed and maintained as shown on submitted plans. COA4 That all plumbing or other similar pipes and fixtures located Planning on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits. COAS That an automatic fire sprinkler system shall be designed, Fire Department installed and maintained as required by the Fire Department. Such information shall be specifically shown on the plans submitted for building permits. COA6 That the locations for future above-ground utility devices Planning including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments. COAT That any required relocation of City electrical facilities shall Utilities -Electrical be at the developer's expense. That landscape and/or Engineering hardscape screening of all pad-mounted equipment shall be required and shall be shown on plans submitted for building permits. COA8 That gates shall not be installed across any driveway or Public Works - private street in a manner which may adversely affect Traffic vehicular traffic in the adjacent public street. That if gates are proposed, such installation shall conform to Engineering Standard Plan No. 475 and shall be subject to the review and approval of the City Traffic and Transportation Manager. Said information shall be specifically shown on plans submitted for building permits. -3- PC2008-2 r~ • COA Conditions of Approval Responsible for Monitorin COA9 That plans shall be submitted to the City Traffic and Public Works - Transportation Manager for review and approval of wall and Traffic fence locations to determine conformance with Engineering Standard No. 115. COA10 That the owner shall be responsible for the Public Works - relocation/removal of any equipment in the right-of--way in Traffic the event that street widening or the proposed driveway entry conflict with existing equipment. COAL l That all backflow equipment shall be located above ground Water outside of the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback areas in a manner fully screened from all public streets and alleys. Said information shall be shown on plans and approved by Water Engineering and Cross Connection Control Inspector before submittal for building permits. COA12 That since this project has a common landscaping area Water exceeding 2,500 square feet, a separate irrigation meter shall be installed and shall comply with City Ordinance No. 5349 and Chapter 10.19 of the Anaheim Municipal Code. Said information shall be shown on plans submitted for building permits. COA13 That all existing water services and fire lines shall conform Water to current Water Services Standards Specification. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The applicant shall be responsible for the costs to upgrade or abandon any water service or fire line. COA14 That prior to application for water meters, fire line or Water submitting the water improvement plans for approval, the developer/owner shall submit to the Public Utilities Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall occur in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations. -4- PC2008-2 u LJ COA Conditions of Approval Responsible for Monitorin COA15 That prior to issuance of the first building permit, excluding Public Works - model homes, the final map shall be submitted to and Development approved by the City of Anaheim and the Orange County Services Surveyor and then shall be recorded in the Office of the Orange County Recorder (Subdivision Map Act, Section 66499.40). COA16 That prior to issuance of a building permit, the City of Public Works - Anaheim Sewer Impact Mitigation fee for Zone B of Development $1,727/unit for the West Anaheim Area shall be paid. Services COA17 That prior to issuance of building permit, the final map shall Public Works - be submitted to and approved by the City of Anaheim and Development the Orange County Surveyor and then shall be recorded in Services the Office of the Orange County Recorder (Subdivision Map Act, Section 66499.40). COA18 That streets within the development shall be privately Planning maintained. On-street parking is allowed only in designated Public Works - parking stalls. Said information shall be indicated on the Development building, grading and street improvement plans to include Services either no parking signs or red curbs to identify the parking restriction. COA19 That the property owner/developer shall provide the Planning Community Development Department a 90-day notice prior to the demolition of the houses on the properties. COA20 That prior to issuance of a building permit, plans shall be Public Works - submitted to the City Traffic and Transportation Manager Traffic for his review and approval showing conformance with the current version of Engineering Standard Details 436 and 470 pertaining to parking standards. Subject property shall thereupon be developed and maintained in conformance with said plans. COA21 That prior to the issuance of a building permit, plans shall Public Works - show conformance with the current version of Engineering Traffic Standard 115 pertaining to sight distance visibility for signs, landscaping, and fence/wall locations to the satisfaction of the City Engineer. -5- PC2008-2 • COA Conditions of Approval Responsible for Monitorin COA22 That the entry of the street shall have a minimum 5-foot Public Works - wideparkway and 5-foot wide sidewalk on each side of the Development street. Services COA23 That final landscape and fencing plans in compliance with Planning Zoning Code requirements for the subject property shall be submitted to the Planning Department for review and approval. Said plans shall show minimum 24-inch box size trees or a minimum brown trunk height of 8 to 10 feet, shrubs, groundcover, and clinging vines to be planted in layers on all walls visible from the public right-of--way and within landscaped setbacks. The landscape material selected shall be appropriate to the width of the planter area. Decorative pavement shall be shown at the vehicular entry to the site. Any decision made by the Planning Department regarding said plan maybe appealed to the Planning Commission as a Reports and Recommendations item. TIMI ' G: P Rl'DR TO ISSUANCE OF GRADING PERMIT COA24 That the applicant shall submit to the Public Works Public Works - /Development Services Division, for review and approval, a Development Water Quality Management Plan, as described in Drainage Services Area Management Plan for Orange County. Said WQMP shall: • Address Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporate applicable Routine Source Control BMPs. • Incorporate Treatment Control BMPs. • Describe the long-term operation and maintenance, identifies the responsible parties, and funding mechanisms for the Treatment Control BMPs. COA25 That the applicant shall demonstrate that coverage has been Public Works - obtained under California's General Permit for Stormwater Development Discharges Associated with Construction Activity by 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. 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 on request. -6- PC2008-2 s • COA Conditions of Approval Responsible for Monitorin COA26 That the applicant shall submit a Drainage Study prepared Public Works - by a registered professional Civil Engineer in the State of Development California. The Study shall be based upon and reference the Services latest edition of the Orange County Hydrology Manual and the applicable City of Anaheim Master Plan of Drainage for the prof ect area. All drainage sub-area boundaries per the Master Plan for Drainage shall be maintained. The Study shall include: an analysis of 10-, 25- and 100-year storm frequencies; an analysis of all drainage impacts to the existing storm drain system based upon the ultimate project build-out condition; and address whether off-site and/ or on- site drainage improvements (such as detention/ retention basins or surface runoff reduction) will be required to prevent downstream properties from becoming flooded. TIMING: P RIOR TO FINAL BUILDING AND ZONING INSPECTIONS. COA27 That prior to final building and zoning inspections, fire lanes Public Works - shall be posted with "No Parking Any Time." Said Traffic information shall be specifically shown on plans submitted for building permits. COA28 That grading plans and a separate street improvement plan Public Works - shall be submitted for the widening of Ball Road (existing: 30- Development feet from centerline to curb; proposed: 40-feet from centerline Services to curb per City standard 160-A). A 5-foot wide sidewalk and 8-foot wide landscaped parkway shall be constructed with parkway irrigation connected to the on-site irrigation system and maintained by the property owner. A bond shall be posted for all required public improvements in an amount approved by the City Engineer and a form approved by the City Attorney prior to final map approval. ARight-of--Way Construction Permit shall be obtained from the Department of Public Works, Development Services Division for all work performed in the right-of--way. The improvements shall be constructed prior to final building and zoning inspections. COA29 That vehicular access rights to Ball Road, except at street Public Works - openings, shall be released and relinquished to the City of Development Anaheim. Services COA30 That existing driveway approaches on Ball Road shall be Public Works - removed and replaced with curb, gutter, parking landscaping Development and sidewalk. ARight-of--Way Construction Permit from the Services Department of Public Works, Development Services Division shall be obtained. Improvements must be completed prior to final building and zoning inspections. -~_ PC2008-2 • COA Conditions of Approval Responsible for Monitorin COA31 The applicant shall: Public Works - • Demonstrate that all structural BMPs described in the Development Project WQMP have been constructed and installed in Services conformance with approved plans and specifications. • Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP • Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. COA32 That subject property shall be developed substantially in Planning accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 5, and as conditioned herein. GEN RAL COA33 That on-going during project operation, no required parking Planning areas shall be fenced or otherwise enclosed for outdoor storage uses. COA34 That the sanitary sewer and storm drains for this Public Works - development shall be privately maintained except the Development mainline sewer and storm drain within the public streets. Services COA35 That all requests for new water services or fire lines, as well Water as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. COA36 That this Conditional Use Permit is granted subject to the Planning approval of Reclassification No. 2007-00213, and approval and recordation of Tentative Tract Map No. 17164, now pending. COA37 That any tree planted on-site shall be replaced in a timely Planning manner in the event that it is removed, damaged, diseased and/or dead. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of discovery. -8- PC2008-2 • • COA Conditions of Approval Responsible for Monitorin COA38 That the CC&R's for the development shall include Public Works - provisions that require that the two-car garages be utilized Development for the parking of vehicles. Services COA39 That approval of this application constitutes approval of the Planning proposed request only to the extent that it complies with the Anaheim Municipal Zoning 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. COA40 That conditions with timing of prior to issuance of a grading Planning or building permit shall be completed within a period of one (1) year from the date of this resolution. Such time limitation maybe extended by the Planning Director as permitted by Code Section 18.52.220 (Time to Exercise Entitlement). COA41 That timing for compliance with conditions of approval may Planning 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 Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that the Anaheim 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 the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. -9- PC2008-2 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 7, 2008. 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 maybe replaced by a City Council Resolution in the event of an appeal. CHA A ,ANAHEIM ING COMMISSION ATTEST: ~ ~~ v `--' ~~ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on January 7, 2008, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, KARAKI, VELASQUEZ NOES: COMMISSIONERS: ROMERO ABSENT: COMMISSIONERS: FAESSEL IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of January, 2008. w~ SECRETARY, ANAHEIM PLANNING COMMISSION -10- PC2008-2