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Resolution-PC 2014-075RESOLUTION NO. PC2014 -075 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2014 -05745 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014- 00009) (2651 WEST LINCOLN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission ") did receive a verified petition for Conditional Use Permit No. 2014 -05745 to construct a 41 -unit single family attached residential project, for that certain real property located at 2651 West Lincoln Avenue, in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "). Conditional Use Permit No. 2014 -05745 is proposed in conjunction with Reclassification No. 2014 -00263 and Tentative Tract Map No. 17720 to construct a 41 -unit single family attached residential project (herein referred to collectively as the "Proposed Project "); and WHEREAS, the Property is currently developed with a recreational vehicle park. The Property is located in the C -G (General Commercial) Zone. The Anaheim General Plan designates this Property for Low Medium Density Residential land uses; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines "), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project, including Conditional Use Permit No. 2014- 05745; and WHEREAS, pursuant to and in accordance with Section 15183.3 of the CEQA Guidelines, an Environmental Checklist has been prepared for the Proposed Project. The Planning Commission has carefully reviewed and considered the information contained in the Environmental Checklist prior to acting upon the Proposed Project. Based upon the information contained in the Environmental Checklist, the Planning Commission finds and determines as follows: (1) The Environmental Checklist has been completed in compliance with the requirements of Section 15183.3 of the CEQA Guidelines and provides an adequate assessment of the potentially significant environmental impacts of the Proposed Project, (2) The Proposed Project is located in an urban area on a site that has been previously developed and adjoins existing urban uses on at least 75% of the perimeter of the Property, (3) "Uniformly applicable development policies or standards ", as defined in paragraph (f) of Section 15183.3 of the CEQA Guidelines, which have been adopted by the City, apply to the Proposed Project, - 1 - PC2014 -075 (4) The Proposed Project will not have any significant effects on the environment, and (5) The Environmental Checklist documents that the Proposed Project satisfies the applicable performance standards for infill projects set forth in Appendix M of the CEQA Guidelines and is, therefore, eligible for streamlining the environmental review process prescribed in Section 15183.3; and WHEREAS, as the "lead agency" under CEQA, the Planning Commission finds and determines that no additional environmental review is required under CEQA and, therefore, authorizes and directs that staff prepare and file a Notice of Determination as provided in Section 15094 of the CEQA Guidelines; and WHEREAS, based upon the information contained in the Environmental Checklist, the Planning Commission further finds and determines that the Proposed Project is categorically exempt from the requirement for the preparation of any additional environmental documents under CEQA pursuant to Section 15332 (Class 32 — In -Fill Development Projects) of the CEQA Guidelines; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 25, 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 of the Anaheim Municipal Code, to hear and consider evidence and testimony 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, does find and determine the following facts: 1. The request to permit the Proposed Project is properly one for which a conditional use permit is authorized under paragraph .0402 of Subsection .040 of Section 18.06.030 of the Code; and 2. The Proposed Project would not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located. The Project complies with and implements the City's General Plan and, along with the Proposed Project's design, recommended conditions of approval have been included to reduce or eliminate any potential impacts; and 3. The size and shape of the site is adequate to allow the full development of the Proposed Project, in a manner not detrimental to either the particular area or health and safety because the site can accommodate the parking, traffic, and circulation without creating detrimental effects on adjacent properties; 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 parking, vehicular circulation, and trash collection; and -2- PC2014 -075 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, subject to compliance with the conditions contained herein. 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. 2014 - 05745, contingent upon and subject to (1) the adoption by the City Council of an ordinance reclassifying the Property to the "RM -3" Residential Multiple Family Zone in accordance with Reclassification No. 2014 - 00263, (2) approval of Tentative Tract Map No. 17720, both of which entitlements are now pending, (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, and (4) the adoption by the City Council of an ordinance for Zoning Code Amendment No. 2014 -00119 amending the Zoning Code to permit tandem parking spaces in the "RM -3" Multiple Family Residential Zone. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. -3- PC2014 -075 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 August 25, 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. IZMAN, PLA G COMMISSION OF THE OF ANA I ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM 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 August 25, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 25 day of August, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4- PC2014 -075 EXHIBIT "A" 11I UMMIGIOUM. IIIIII111 APN: 070 -534 -15 W BRUCE AVE a z W a J z W YALE AVE 192' io h O N NEW LIFE WAY V C 4 z w W = Cr Q � u J z z 149' 2 1 W LINCOLN AVE W LINCOLN AVE W LINCOLN AVE z 0 z N t� I� ®" Source: Recorded Tract Maps and /or City GIS. 1 Please note the accuracy is +/- two to five feet. -5- PC2014 -075 EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2014-05745 (DEV2014- 00009) -6- PC2014 -075 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT PRIOR TO ISSUANCE OF A GRADING PERMIT 1 The water quality management plan shall address the following items: Public Works, • The WQMP shall include additional information such as soils Development Services analysis, prior contamination, depth to groundwater, etc. to determine the acceptability and capability of this site to use infiltration. • The criteria identified in the DAMP in order to allow infiltration to occur on a site must be evaluated and deemed adequate for the determination to be made to infiltrate onsite. • The applicant shall obtain approval for infiltration from the City and from the Orange County Water District. The City will coordinate the review of this proposed infiltration system to obtain comments. • The WQMP and grading plans shall show that flows are conveyed to the infiltration areas. • The WQMP shall show the required pretreatment for any focused infiltration. The pretreatment system may be landscape swales, filter strips or bio- retention areas (rain gardens), prior to reaching the infiltration system. 2 Prior to issuance of the grading permit and right -of -way construction Public Works, permit for the storm drain and sewer, whichever occurs first, a Save Development Services Harmless agreement in -lieu of an Encroachment Agreement is required to be executed, approved by the City and recorded by the applicant on the property for any stone drains connecting to a City storm drain. 3 The property owner shall submit project improvement plans that Public Works, incorporate the required drainage improvements and the mechanisms Development Services proposed in the approved Drainage Report. No offsite run -off shall be blocked during and after grading operations or perimeter wall construction. PRIOR TO APPROVAL OF PLANS RELATED TO WATER ENGINEERING 4 The Owner shall irrevocably offer to dedicate to the City of Anaheim (i) Public Utilities, Water an easement for all large domestic above - ground water meters and fire 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 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 -6- PC2014 -075 -7- PC2014 -075 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 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. 5 The developer /owner shall submit to the Public Utilities Department, Public Utilities, Water Water Engineering Division an estimate of the maximum fire flow rate 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. 6 The existing 4 -inch FM water meter serving the property is substandard Public Utilities, Water and must be abandoned, cut and capped at the main per City standards Engineering prior to the issuance of any building permits. PRIOR TO THE ISSUANCE OF BUILDING PERMITS 7 A private water system with separate water service for fire protection and Public Utilities, Water domestic water shall be provided. Engineering 8 All backflow equipment shall be located above ground outside of the Public Utilities, Water street setback area in a manner fully screened from all public streets and 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 all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. 9 All requests for new water services, backflow equipment, or fire lines, as Public Utilities, Water well as any modifications, relocations, or abandonments of existing water Engineering services, backflow equipment, and fire lines, shall be coordinated and permitted through the Water Engineering Division of the Anaheim Public Utilities Department. 10 This is a project with a landscaping area exceeding 2,500 square feet, a Public Utilities, Water Landscape Documentation Package and a Certification of Completion Engineering are required and a separate irrigation meter shall be installed in compliance with Chapter 10.19 of Anaheim Municipal Code and Ordinance No. 6160 relating to landscape water efficiency. 11 All existing water services and fire services shall conform to current Public Utilities, Water Water Services Standards Specifications. Any water service and /or fire 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. -7- PC2014 -075 -8- PC2014 -075 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT The owner /developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 12 All public improvement plans and approved design shall be submitted. Public Works, The legal property owner shall post a security to complete the required Development Services public improvements. The improvements shall be completed prior to Final Building and Zoning Inspections. 13 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 Development Services Department of Public Works and the Orange County Surveyor for technical review and that all applicable conditions of approval have been complied with and then shall be filed in the Office of the Orange County Recorder. 14 Plans shall be submitted showing stop control for the proposed private Public Works, drive. A stop sign shall be installed and stop legend shall be painted on Development Services private drive in the southbound direction at Lincoln Avenue prior to final building and zoning inspection. Subject property shall thereupon be developed and maintained in conformance with said plans. 15 Curbs adjacent to the drive aisles shall be painted red to prohibit parallel Public Works, parking in the drive aisles. Red curb locations shall be clearly labeled on Development Services building plans. PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS 16 Address numbers shall be positioned so as to be readily readable from Police Department the street. Numbers should be visible during hours of darkness. 17 Fire lanes shall be posted with "No Parking Any Time." Said Public Works, Traffic information shall be specifically shown on plans submitted for building Engineering permits. 18 The required public improvements shall be installed prior to final zoning Public Works, and building inspection. Development Services 19 The developer shall improve Lincoln Avenue per the West Lincoln Public Works, Avenue Corridor Master Plan or as approved by the City Engineer Development Services (public) including: widen the north side of Lincoln Avenue 3 foot; install curb, gutter, pavement, and accessible ramps; relocate utilities as required; install a 9 foot parkway (full sidewalk) with trees in an alternating planting of Washingtonia palms and Tipuana Tipu trees 30 feet on center. The palms will be placed in 4'X 8' planters at the back of curb face. The Tipuana trees will be placed along the right of way line, at the back of the sidewalk, in 4'X 8' planters. 20 ADA compliant curb access ramps with truncated domes shall be Public Works, constructed at the intersections of Lincoln Avenue on both sides of the Development Services private drive in conformance with Public Works Standard Detail 111 -3. -8- PC2014 -075 -9- PC2014 -075 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 21 All required WQMP items shall be inspected and operational. Public Works, Development Services 22 All required public 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. ON -GOING DURING PROJECT OPERATIONS 23 Any Graffiti painted or marked upon the premises or on any adjacent Police Department area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 24 Trash storage areas shall be provided and maintained in a location Public Works acceptable to the Public Works Department, Streets and Sanitation Division Department, Streets and and in accordance with approved plans on file with said Department. Said Sanitation Division storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum 1- gallon size clinging vines planted on maximum 3 -foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 25 Vehicle gates shall not be installed across the project driveway or access Public Works, Traffic roads without providing a vehicle turnaround area. Engineering GENERAL 26 The subject Property shall be developed substantially in accordance with Planning Department, plans and specifications submitted to the City of Anaheim by the Planning Services applicant and which plans are on file with the Planning Department, and Division as conditioned herein. 27 Conditions of approval related to each of the timing milestones above shall Planning Department, be prominently displayed on plans submitted for permits. For example, Planning Services conditions of approval that are required to be complied with prior to the Division 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. -9- PC2014 -075 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 28 The applicant is responsible for paying all charges related to the Planning Department, processing of this discretionary case application within 30 days of the Planning Services issuance of the final invoice or prior to the issuance of building permits Division 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. 29 The Applicant shall defend, indemnify, and hold harmless the City and Planning Department, its officials, officers, employees and agents (collectively referred to Planning Services individually and collectively as "Indemnitees ") from any and all claims, Division 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 -075