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Resolution-PC 2014-049RESOLUTION NO. PC2014 -049 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2013 -05720 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00056) (1619 SOUTH EUCLID STREET) 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. 2013 -05720 to permit an 8 -lot, single family residential project with modifications to zoning development standards for that certain real property located at 1619 South Euclid Street, 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 "Property "); and WHEREAS, the Property is currently developed with a plant nursery and single family home and is located in the "T" (Transition) Zone. The Anaheim General Plan designates this Property for Low - Medium Density Residential land uses; and WHEREAS, Conditional Use Permit No. 2013 -05720 is proposed in conjunction with (1) Reclassification No. 2013- 00254, which is a request to rezone or reclassify the Property from the "T" (Transition) Zone to the "RS -4" (Single - Family Residential) Zone ( "Reclassification No. 2013 - 00254 "), and (2) Tentative Tract Map No. 17700, which would establish an 8 -lot, single family subdivision. The development comprising Tentative Tract Map No. 17700, Reclassification No. 2013 -00254 and Conditional Use Permit No. 2013 -05720 shall be referred to herein as the "Proposed Project "; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 30, 2014 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, by the adoption of a separate resolution concurrently with but prior in time to this Resolution, this Planning Commission has heretofore found and determined, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Proposed Project is within that class of projects which consist of in -fill development meeting the conditions described in Section 15332 of Title 14 of the California Code of Regulations ( "CEQA Guidelines ") and, pursuant to Section 15332 of the CEQA Guidelines, is 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 with respect to the request to permit an eight -lot, single- family residential subdivision with a deviation in zoning development standards pertaining to lot width, does find and determine the following facts: - I - PC2014 -049 1. The Proposed Project is properly one for which a conditional use permit is authorized under Section 18.04.160 (Development in the RS -4 Zone) of Chapter 18.04 (Single - Family Residential Zones) of the Code to provide for and encourage the development of high - quality residential units on small lots in order to provide additional housing choices and use land efficiently and to implement the Low - Medium Density Residential land use regulations in the General Plan; and 2. The Proposed Project, with the modifications of certain standards described herein below and under the conditions imposed, will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located. The Proposed Project is compatible with existing and surrounding land uses in the vicinity of the Property; and 3. With the modifications of certain standards described herein below and under the conditions imposed, 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 or to the health, safety and general welfare of the public. The Proposed Project maintains good overall project design to enhance the privacy and livability for residents within and around the Property and 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, Section 18.04.160 (Development in the RS -4 Zone) of Chapter 18.04 (Single- Family Residential Zones) of the Code requires the Planning Commission to review development in the "RS -4" (Single - Family Residential) Zone using the "Guidelines for Small - Lot Development" and to make certain additional findings before the Planning Commission may approve a conditional use permit; and WHEREAS, the applicant has submitted a site plan for the Proposed Project, proposing 42 to 46 foot lot widths; and WHEREAS, upon review of the Proposed Project using the "Guidelines for Small -Lot Development ", the Planning Commission hereby finds and determines as follows: 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 will conform with the provisions of the proposed" RS -4 " (Single - Family Residential) Zone once the Property has been reclassified as such. The impact upon the surrounding area is minimal because the Proposed Project will provide an aesthetically pleasing point of entry, streetscape, and quality units which enhances the overall community. -2- PC2014 -049 the site. 3. Vehicular and pedestrian access is adequate to allow safe ingress and egress into 4. The Proposed Project is consistent with the Guidelines for Small -Lot Development, 5. The construction of an eight -lot, single - family residential subdivision with modified development standards pertaining to lot width 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 Project 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 will comply with Tentative Tract Map No. 17700 and the Subdivision Map Act, provided that Tentative Tract Map No. 17700 is 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. 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2013- 05720, contingent upon and subject to (1) the adoption by the City Council of an ordinance reclassifying the Property within the "RS -4" (Single - Family Residential) Zone in accordance with Reclassification No. 2013 - 00254, (2) approval of Tentative Tract Map No. 17700, now pending, and (3) 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. -3 - PC2014 -049 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 June 30, 2014. 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. V — Wkl Vn CHAIR, PLANNING COMMI N OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4- PC2014 -049 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 June 30, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: PERSAUD IN WITNESS WHEREOF, I have hereunto set my hand this 30`" day of June, 2014 SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM 102935- v2 /TReynolds -5 - PC2014 -049 EXHIBIT "A" DEV NO. 2013 -00056 -6- PC2014 -049 so ioo Source: Recorded Tract Maps and /or City GIS. Feet Please note the accuracy is +/- two to five feet. EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2013 -05720 (DEV2013- 00056) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO THE ISSUANCE OF GRADING PERMIT 1 The water quality management plan shall be submitted for review Public Works, and approval to Public Works, Development Services. Development Services 2 The property owner shall execute a drainage acceptance agreement to allow the drainage from the development to continue to flow south to Public Works, the remainder property not included within the final map. Such agreement shall be recorded in the Office of the Orange County Development Services Recorder. PRIOR TO THE ISSUANCE OF BUILDING PERMIT 3 All individual residential units shall have addressing readily readable from the street, indicating the address of that unit. All addressing Police Department shall be free from obstruction and either well lit during hours of darkness or of a highly contrasting color to its background. 4 All exterior doors shall have adequate security hardware, e.g. Police Department deadbolt locks. 5 Wide -angle peepholes or other viewing device shall be designed into all dwelling -unit front doors and all solid doors where exterior Police Department visibility is compromised. 6 Door locks shall be so constructed that both the deadbolt and deadlocking latch can be retracted by a single action of the inside Police Department doorknob /lever /turn- piece. 7 Landscaping shall be of the type and situated in locations to maximize observation while providing the desired degree of aesthetics. Police Department 8 Prior to issuance of the first building permit, excluding model homes, Public Works, the final map shall be submitted to and approved by the City of Development Services Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder. -7- PC2014 -049 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 9 Plans shall be submitted showing stop control for the private street at Euclid Avenue. A stop sign shall be installed and stop legend shall Public Works, be painted in the eastbound direction at Euclid Avenue prior to final building and zoning inspection. Subject property shall thereupon be Development Services developed and maintained in conformance with said plans. 10 The developer shall submit for review and approval a sewer plan and Public Works, profile for construction of the private sewer system. The private Development Services sewer improvements shall be completed prior to final building and zoning inspection. PRIOR TO APPROVAL OF PLANS RELATED TO WATER ENGINEERING 11 Individual water service and /or fire line connections will be required Public Utilities — for each parcel or residential, commercial, industrial unit per Rule 18 Water Engineering of the City of Anaheim's Water Rates, Rules and Regulations. 12 Water improvement plans shall be submitted to the Water Public Utilities — Engineering Division for approval and a performance bond in the Water Engineering amount approved by the City Engineer and form approved by City Attorney shall be posted with the City of Anaheim. 13 The developer /owner shall submit to the Public Utilities Department Public Utilities — Water Engineering Division an estimate of the maximum fire flow Water Engineering 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 be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. 14 The Owner shall be responsible for restoring any special surface Public Utilities — improvements, other than asphalt paving, within any right -of -way, Water Engineering public utility easement or City easement area including but not limited to colored concrete, bricks, pavers, stamped concrete, walls, decorative hardscape or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for maintenance of all said special surface improvements shall be included in the recorded Master C,C & R's for the project and the City easement deeds. 15 A private water system with separate water service for fire Public Utilities, Water protection and domestic water shall be provided. Engineering 16 All requests for new water services or fire lines, as well as any Public Utilities — modifications, relocations, or abandonments of existing water Water Engineering services and fire lines, shall be coordinated through Water -8- PC2014 -049 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT Engineering Division of the Anaheim Public Utilities Department. 17 A Landscape Documentation Package, a Certification of Completion Public Utilities — and a separate irrigation meter shall be installed in compliance with Water Engineering Chapter 10.19 of Anaheim Municipal Code and Ordinance No. 6160 relating to landscape water efficiency. 18 All existing water services and fire services shall conform to current Public Utilities — Water Services Standards Specifications. Any water service and /or Water Engineering 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 owner /developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 19 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 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. PRIOR TO APPROVAL OF PLANS RELATED TO ELECTRICAL ENGINEERING 20 Electric system plans, electrical panel drawings site plans, elevation Public Utilities — plans, and related technical drawings and specifications shall be submitted to the Electrical Engineering Division of the Public Electrical Engineering Utilities Department to establish electrical service. PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS 21 Fire lanes shall be posted with "No Parking Any Time." Said Fire Department information shall be specifically shown on plans submitted for building permits. 22 The developer shall complete all improvements on Euclid Street and Public Works, the private street, including accessible curb ramps with truncated Development Services domes on both sides of the private street in conformance with Standard Detail 111 -3. -9- PC2014 -049 -10- PC2014 -049 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 23 The applicant shall: • Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with Public Works, approved plans and specifications. Demonstrate that the applicant is prepared to implement all non- Development Services structural BMPs described in the Project WQMP. • Demonstrate that an adequate number of copies of the approved Projects WQMP are available onsite. Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 24 All required street, landscaping, irrigation, sewer and drainage Public Works, improvements shall be constructed prior to final building and zoning Construction Services inspections and are subject to review and approval by the Construction Services inspector. GENERAL 25 Conditions of approval related to each of the timing milestones above Planning Department shall be prominently displayed on plans submitted for permits. For example, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans submitted for building 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. 26 The Applicant shall defend, indemnify, and hold harmless the City Planning Department 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. -10- PC2014 -049 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 27 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the Planning 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 result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 28 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant Planning Department and which plans are on file with the Planning Department. - 11 - PC2014 -049