Resolution-PC 2014-062RESOLUTION NO. PC2014 -062
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING A MITIGATED NEGATIVE DECLARATION
AND MITIGATION MONITORING PLAN AND
CONDITIONAL USE PERMIT NO. 2014 -05733
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2013- 00015)
(1807 -1855 WEST ORANGE AVENUE,
EXCLUDING A PORTION OF 1853 ORANGE AVENUE)
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.
2014 -05733 to permit a 37 -lot, single family residential project with modifications to zoning
development standards for that certain real property located at 1807 — 1855 West Orange
Avenue, excluding a portion of 1853 West Orange Avenue developed with a church, 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 is currently developed with single - family residential structures,
a plant nursery, and a portion of the Orange Avenue Baptist Church parking lot on approximately
5.7 acres and is located in the "T" (Transition) Zone. The Anaheim General Plan designates this
Property for Low Density Residential land uses; and
WHEREAS, Conditional Use Permit No. 2014 -05733 is proposed in conjunction with (1)
Reclassification No. 2014 - 00266, 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.
2014 - 00266 "), and (2) Tentative Tract Map No. 17701, which would establish a 37 -lot, single
family subdivision. The development comprising Tentative Tract Map No. 17701,
Reclassification No. 2014 -00266 and Conditional Use Permit No. 2014 -05733 shall be referred
to herein as the "Proposed Project "; 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 the Implementation of the California
Environmental Quality Act (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, a draft Mitigated Negative Declaration was prepared in accordance with
CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual to evaluate the
physical environmental impacts of the Proposed Project. The Mitigated Negative Declaration
was circulated for a 30 -day public /responsible agency review on July 7, 2014. A complete copy
of the Mitigated Negative Declaration is on file and can be viewed in the Planning Division of
the City. Copies of said document are also available for purchase; and
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WHEREAS, in conformance with CEQA and the CEQA Guidelines a Mitigation
Monitoring Plan has been prepared for the Proposed Project and includes mitigation measures
that are specific to the Proposed Project. A complete copy of the Mitigation Monitoring Plan is
on file and can be viewed in the Planning Division of the City; and
WHEREAS, based upon a thorough review of the Proposed Project and the Mitigated
Negative Declaration, including the Mitigation Monitoring Plan and the comments received to
date and the responses prepared, staff finds that the Proposed Project will have a less than
significant impact upon the environment with the implementation of the conditions of approval
and the mitigation measures attached to this Resolution; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on July 28, 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 consider the
Mitigated Negative Declaration and to hear and consider evidence for and against the Proposed
Project and to investigate and make findings and recommendations in connection therewith; 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 a 37 -lot, single - family residential subdivision
with a deviation in zoning development standards pertaining to setbacks, lot coverage and lot
width, does find and determine the following facts:
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 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
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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
lot coverage and setbacks in conformance with the development standards of the RS -4 zone, with
the exception of the following modifications: twelve lots developed with the largest floor plan
have lot coverage of 50.5 %, where 50% lot coverage is typically permitted; and, Lot 29 has a
four -foot wide setback on the west property line adjacent to the church parking lot, where a five -
foot wide setback is typically required; 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.
3. Vehicular and pedestrian access is adequate to allow safe ingress and egress into
the site.
4. The Proposed Project is consistent with the Guidelines for Small -Lot
Development.
5. The construction of a 37 -lot, single - family residential subdivision with modified
development standards pertaining to setbacks and lot coverage, as described above, 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 modifications to the development standards are minor in
nature and are compatible with the surrounding residential neighborhood and church property;
6. The traffic generated by the Proposed Project will not impose an undue burden
upon the streets and highways designed and improved to cant' the traffic in the area.
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7. The Proposed Project complies with the General Plan and will comply with
Tentative Tract Map No. 17701 and the Subdivision Map Act, provided that Tentative Tract Map
No. 17701 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, based upon the foregoing findings and
recitals, that the Planning Commission hereby adopts the Mitigated Negative Declaration and
Mitigation Monitoring Plan, and does find and determine their adequacy to serve as the required
environmental documentation for the Proposed Project, based upon a finding by the Planning
Commission that the Mitigated Negative Declaration reflects the independent judgment and
analysis of the lead agency; that it has considered the proposed Mitigated Negative Declaration
and Mitigation Monitoring Plan together with any comments and responses received during the
public review process; and, further finding on the basis of the Initial Study that there is no
substantial evidence, with the imposition of the mitigation measures identified in the Mitigation
Monitoring Plan that the Proposed Project will have a significant effect on the environment.
BE IT FURTHER RESOLVED that the Planning Commission does hereby approve
Conditional Use Permit No. 2014 - 05733, 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. 2014 - 00266, (2) approval of Tentative
Tract Map No. 17701, 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.
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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
July 28, 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.
ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION OF THE
CITY OF ANAHEIM
OF THE
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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 28, 2014, by the following vote of the
members thereof:
AYES: COMMISSIONERS: CALDWELL, SEYMOUR, LIEBERMAN, RAMIREZ
NOES: COMMISSIONERS: NONE
ABSTAINED: COMMISSIONERS: DALATI
ABSENT: COMMISSIONERS: AGARWAL, BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this 28 day of July, 2014.
SECRETARY, PLANNING COMMISSION OF THE
CITY OF ANAHEIM
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EXHIBIT "-1"
DEN 2013- 00015
APN: 128- 121 -01
128. 121.26
128.121.15
128- 121 -08
128 - 121 -06
128- 121 -09
128 - 121 -03
128. 121 -05
128- 121 -04
128. 121.11
128.121 -24
128.12114
128. 121 -02
128 - 121 -25
128.121.13
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EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2014-05733
(DEV2013- 00015)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
PRIOR TO THE ISSUANCE OF A GRADING PERMIT
1
The water quality management plan shall be submitted for review and
Public Works,
approval to Public Works, Development Services.
Development Services
2
The property owner shall submit project improvement plans that
incorporate the required drainage improvements. No offsite run -off shall
Public Works,
be blocked during and after grading operations or perimeter wall
construction.
Development Services
3
The OWNER shall demonstrate that coverage has been obtained under
Public Works,
California's General Permit for Stormwater Discharges Associated with
Development Services
Construction Activity by 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 Water Discharge
Identification (WDID) Number. The OWNER 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.
PRIOR TO ISSUANCE OF BUILDING PERMIT
4
All individual residential units shall have addressing readily readable
from the street, indicating the address of that unit. All addressing shall be
Police Department
free from obstruction and either well lit during hours of darkness or of a
highly contrasting color to its background.
5
Prior to issuance of the first building permit, excluding model homes, the
Public Works,
final map shall be submitted to and approved by the City of Anaheim and
Development Services
the Orange County Surveyor and then shall be recorded in the Office of
the Orange County Recorder.
6
The developer shall submit for review and approval a sewer plan and
Public Works,
profile for construction of the private sewer system. The private sewer
Development Services
improvements shall be completed prior to final building and zoning
inspection.
7
Plans shall be submitted showing stop control for both private drives at
Public Works,
Avenue. A stop sign shall be installed and stop legend shall be
painted in the southbound direction on both streets at Orange Avenue
Traffic and
Lj Orange
prior to final building and zoning inspection. Subject property shall
Transportation
thereupon be developed and maintained in conformance with said plans.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
8
That all backflow equipment shall be located above ground outside of the
Public Utilities,
street setback area in a manner fully screened form all public streets and
Water Engineering
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 al public streets and alleys. Said information shall be specifically
shown on Poland and approved by Water Engineering and Cross
Connection Control Inspector.
9
All existing water services and fire services shall conform to current
Public Utilities,
Water Services Standards Specifications. Any water service and /or fire
Water Engineering
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.
10
The developer /owner 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.6 of the Water Utility Rates, Rules, and
Regulations.
PRIOR TO APPROVAL OF PLANS RELATED TO WATER ENGINEERING
11
Individual water service and/or fire line connections will be required for
Public Utilities,
each parcel or residential, commercial, industrial unit per Rule 18 of the
Water Engineering
City of Anaheim's Water Rates, Rules and Regulations.
12
Water improvement plans shall be submitted to the Water Engineering
Public Utilities,
Division for approval and a performance bond in the amount approved
Water Engineering
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 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.6 of the Water Utility Rates, Rules, and
Regulations.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
14
The Owner shall be responsible for restoring any special surface
Public Utilities,
improvements, other than asphalt paving, within any right -of -way, public
Water Engineering
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
All requests for new water services or fire lines, as well as any
Public Utilities,
modifications, relocations, or abandonments of existing water services
Water Engineering
and fire lines, shall be coordinated through Water Engineering Division
of the Anaheim Public Utilities Department.
16
The Owner shall irrevocably offer to dedicate to the City of Anaheim (i)
Public Utilities,
an 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 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
17
Prior to approval of permits for improvement plans, the property
Public Utilities,
owner /developer shall coordinate with Electrical Engineering to establish
electrical service requirements and submit electric system plans,
Electrical Engineering
electrical panel drawings, site plans, elevation plans, and related
technical drawings andspecifications.
18
Prior to connection of electrical service, the legal owner shall provide to
Public Utilities,
the City of Anaheim a Public Utilities easement with dimensions as
shown on the approved utility service plan.
Electrical Engineering
19
Prior to connection of electrical service, the legal owner shall submit
Public Utilities,
payment to the City of Anaheim for service connection fees.
Ll Electrical
Engineering
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS
20
Fire lanes shall be posted with "No Parking Any Time." Said information
Fire Department
shall be specifically shown on plans submitted for building permits.
21
The developer shall complete all improvements on Orange Avenue and
Public Works,
the private streets, including accessible curb ramps with truncated domes
Development Services
on both sides of the private streets in conformance with Standard Detail
111 -3.
22
The applicant shall:
Demonstrate that all structural BMPs described in the Project
Public Works,
WQMP have been constructed and installed in conformance with
Development Services
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
Projects WQMP are available onsite. Submit for review and approval by
the City an Operation and Maintenance Plan for all structural BMPs.
23
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.
24
Mature evergreen trees shall be planted along the perimeter of the
project's backyards in order to screen visibility from second story
Planning Department
windows into the backyards of adjacent properties.
25
Second story bathroom windows shall be opaque.
Planning Department
26
The landscape parkways adjacent to Orange Avenue shall be planted
Planning Department
with ground cover, low growing shrubs and trees.
ON GOING DURING PROJECT OPERATIONS
27
Gated entryways are not permitted without obtaining appropriate permits.
Public Works,
A vehicle turnaround area outside of the gates would be required.
Traffic and
Transportation
28
Trees and landscaping within street parkways on Orange Avenue and all
Planning Department
private streets shall be permanently maintained by the Homeowners
Association in good condition.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
GENERAL
29
Conditions of approval related to each of the timing milestones above shall
Planning Department
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.
30
The Applicant shall defend, indemnify, and hold harmless the City and
Planning Department
its officials, officers, employees and agents (collectively referred to
individually and collectively as "hidemnitces ") 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.
31
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.
32
The property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the applicant and
Planning Department
which plans are on file with the Planning Department.
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