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Resolution-PC 2013-045RESOLUTION NO. PC2013 -045 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2012-05643 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2012- 00135) (3083 — 3087 WEST BALL ROAD) WHEREAS, the Planning Commission of the'City of Anaheim (herein referred to as the 'Planning Commission') did receive a verified petition to approve Conditional Use Permit No. 2012 -05643 to permit a 15 -unit condominium project with a deviation in zoning development standards (herein referred to as the 'Proposed Project ") for those certain real properties located at 3083 — 3087 West Ball Road, in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Properties "); and WHEREAS, the Properties are currently developed with two single family homes and are located in the T (Transition) Zone. The Anaheim General Plan designates the Properties for Corridor Residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 17, 2013 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 (Procedures) of the Anaheim Municipal Code (herein referred to as the "Code "), 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 WHEREAS, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA" ), the Planning Commission finds and determines that Environmental Impact Report No. 330 ( "EIR 330 "), certified in conjunction with the City's General Plan Update program, is all that is necessary in connection with the Proposed Project and its approval and that none of the conditions set forth in Sections 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent environmental impact report or a supplement to EIR 330 have occurred; 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 with respect to the request for to permit a 15 -unit condominium project with a deviation in zoning development standards, does find and determine the following facts: 1. The Proposed Project is properly one for which a conditional use permit is authorized under Anaheim Municipal Code Section 18.06.160 (Residential Planned Unit Development); and 2. The Proposed Project, with the modifications of certain standards described herein below, 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 existing and surrounding land uses in the vicinity; and - I - PC2013 -045 3. With the modifications of certain standards described herein below, the size and shape of the site is adequate to allow the full development of the Proposed Project in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because the Proposed Project maintains good overall project design to enhance the privacy and livability for residents within and around the Proposed Project; and 4. The traffic generated by the Proposed Project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the Proposed Project has been designed to accommodate the required on and off site parking, vehicular circulation, and trash collection; and 5. 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 and will provide a land use that is compatible with the surrounding area. WHEREAS, the applicant requests approval of modifications of the following code sections to permit modified front, interior, and building -to- building setbacks, which modifications are authorized by subparagraph ".030 Modification of Other Standards" of Section 18.06.160 of the Code in order to achieve a good project design, privacy, livability, and compatibility with surrounding uses: SECTION NOS. 18.06.090.010.0101 AND 18.06.160.030 SECTION NOS. 18.06.090.040 AND 18.06.160.030 SECTION NOS. 18.06.090.050 AND 18.06.160.030 Minimum front setbacks. (Setback requirement established by conditional use permit; 20 -foot setback required; 15 feet proposed). Minimum interior setbacks. (Setback requirement established by conditional use permit; 35 feet required; 15 feet proposed). Minimum building to building setbacks. (Setback requirement established by conditional use permit; 30 feet required; 15 feet proposed). 1. The uses within the Proposed Project are compatible because all proposed uses are residential and consistent with the existing neighborhood characteristics. 2. The proposed structures related to the Proposed Project are compatible with the scale, mass, bulk, and orientation of existing buildings in the surrounding area and further conform with the provisions of the proposed zoning. The impact upon the surrounding area is minimal because this development provides an aesthetically pleasing point of entry, streetscape, and quality units which enhances the overall community. 3. Vehicular and pedestrian accesses are adequate to allow safe ingress and egress into the site. 4. The Proposed Project is consistent with applicable design guidelines adopted by the City. -2- PC2013 -045 5. The construction of 15 attached condominiums with modified development standards 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 surrounding properties are also developed with residential uses with compatible densities. - 6. 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. 7. The Proposed Project complies with the General Plan and Reclassification No. 2013- 00253, approved concurrently with the adoption of this Resolution. 8. The granting of the conditional use permit under the conditions imposed will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2012 - 05643, 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 Conditional Use Permit No. 2012 -05643 is approved contingent upon and subject to approval by the City Council of a proposed ordinance approving Reclassification No. 2013- 00253. 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. 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 the revocation of the approval of this application. -3- PC2013 -045 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 17, 2013. 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. Uf CHAIR, ANAHEIM CITY NNING COMMISSION ATTEST: SENIOR ARY, ANAHEIM CITY 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 June 17, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this 17 day of June, 2013. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 4- PC2013 -045 EXHIBIT "A" DEV NO. 2012-00135 APN: 079 - 894 -08 R DR 'a 0 J � W LYN ROSE DR a 4 W GLEN HOLLY DR a r 69' '^ N � H K Y 165' > C o O o � 0 M 4 N = H 228' W BALL RD G W a a N ®! ® Source_ Recorded Tract Maps and /or City GIS. o. Please note the accuracy is +/- two to five feet. -5- PC2013 -045 EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2012-05643 (DEV2012- 00135) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO THE ISSUANCE OF A BUII DING PERMIT 1 All plumbing or other similar pipes and fixtures located on the Planning 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. 2 All air - conditioning facilities and other ground- mounted equipment Planning shall be properly shielded from view and sound buffered from adjacent residential properties. Said information shall be specifically shown on the plans submitted for building permits. 3 Locations for future above - ground utility devices including, but not Planning 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. 4 All backflow equipment shall be located above ground outside of the Planning 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 the Cross Connection Control Inspector before submittal for building permits. 5 Electric system plans, electrical panel drawings, site plans, elevation Public plans, and related technical drawings and specifications shall be Utilities - submitted to the Electrical Engineering Division of the Public Electrical Utilities Department to establish electrical service. 6 Any required relocation of City electrical facilities shall be provided. Public Landscape and/or hardscape screening of all pad- mounted equipment Utilities - shall be required and shall be shown on plans submitted for building Electrical permits. -6- PC2013 -045 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 7 All condominium units shall be assigned street addresses by the Planning Building Division. Street names for any new public or private street (if requested by the developer or required by the City) shall be submitted to and approved by the Planning Division. 8 Plans shall be submitted showing stop control for the private drive at Public Works Ball Road. The design of the site access point shall be "at- grade ". A — Traffic stop sign shall be installed and stop legend shall be painted on the driveway in the southbound direction at Ball Road prior to final building and zoning inspection. Subject property shall thereupon be developed and maintained in conformance with said plans. 9 Curbs adjacent to the drive aisles shall be painted red to prohibit Public Works parallel parking in the drive aisles. Red curb locations shall be — Traffic clearly labeled on building plans. Subject property shall thereupon be developed and maintained in conformance with said plans. 10 All requests for new water services or fire lines, as well as any Public modifications, relocations, or abandonment of existing water services Utilities - and fire lines, shall be coordinated through Water Engineering Water Division of the Anaheim Public Utilities Department. 1 I All existing water services and fire lines shall conform to current Public Water Utility Standards. Any existing water services that are not Utilities- approved by the Utility for continued use shall be upgraded to current Water standards or abandoned. If the existing services are no longer needed, they shall be abandoned. 12 Since this project has a common landscaping area exceeding 2,500 Public square feet, a separate irrigation meter shall be installed and shall Utilities - comply with City Ordinance No. 5349 and Chapter 10.19 of the Water Anaheim Municipal Code. Said information shall be shown on plans submitted for building permits. 13 A detailed water usage analysis and building plans shall be submitted Public for Public Utilities Water Engineering review and approval in Utilities - determining the adequacy of the existing water system to meet the Water project's water requirements. Any system improvements shall be done in accordance with Rule No. 15A.6 of the water utility's Rates, Rules and Regulations. 14 Improvement plans shall be submitted for Public Utilities Water Public Engineering review and approval in determining the conditions Utilities - necessary for providing water service to the project. Water 7- PC2013 -045 NO. CONDITIONS OF APPROVAL BY SIGNED OFF BY 15 The location of trash and recycle barrels to be collected on trash Public Works collection day, and the storage of the barrels, shall be provided in a — Sanitation location acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage areas shall be designed and located inside the garage. Said information shall be specifically shown on the plans submitted for building permits. 16 Prior to the issuance of grading permit, the applicant shall submit to the Public Works Building and Public Works Department/Development Services for — review and approval a Final Water Quality Management Plan that: Development • Addresses Site Design Best Management Practices (BMPs) such as Services minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. • Incorporates Treatment Control BMPs as defined in the DAMP. • Describes the long -term operation and maintenance requirements for the Treatment Control BMPs. • Identifies the entity that will be responsible for long -term operation and maintenance of the Treatment Control BMPs, and • Describes the mechanism for funding the long -term operation and maintenance of the Treatment Control BMPs. PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS 17 Prior to issuance of certificate of occupancy, the applicant shall: • Demonstrate that all structural BMPs described in the Project Public Works WQMP have been constructed and installed in conformance with approved plans and specifications. Development • Demonstrate that the applicant is prepared to implement all non- Services 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. 18 Fire lanes shall be posted with "No Parking Any Time." Said information shall be specifically shown on plans submitted for building permits. Fire -8- PC2013 -045 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL 19 Any tree planted on -site in commonly maintained areas shall be Code replaced in a timely manner in the event that it is removed, damaged, Enforcement diseased and/or dead. 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. 20 The property shall be developed substantially in accordance with Planning 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— 6, and as conditioned herein. 21 The Applicant shall defend, indemnify, and hold harmless the City Planning and its officials, officers, employees and agents (collectively referred to individually and collectively as "Indemnitees ") from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set 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. 22 The applicant is responsible for paying all charges related to the Planning processing of this discretionary case application within 30 days of the 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 result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 23 Final site, floor, and elevation plans shall be submitted to the Planning Planning Department for review and approval. Said plans shall show the following: • Opaque windows on the second floor for all habitable rooms facing neighboring single family homes. • Opaque glass and decorative treatments for all bathroom windows. • 24 -inch box trees in the rear yard of each unit which abuts neighboring single family homes. -9- PC2013 -045