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Resolution-PC 2014-105RESOLUTION NO. PC2014 -105 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2014-05730 AND VARIANCE NO. 2014 -04976 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014- 00018) (641 — 701 SOUTH BROOKHURST STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission ") did receive a verified petition for Conditional Use Permit No. 2014 -05730 to construct a 40 -unit attached and detached small -lot single family residential project with modified development standards and Variance No. 2014 -04976 to permit a deviation from the City's private street standard pertaining to parkway and sidewalk widths for that certain real property located at 641 -701 South Brookhurst Street, 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 -05730 and Variance No. 2014 -04976 is proposed in conjunction with Tentative Tract Map No. 17754 to permit a 40 -unit residential subdivision (herein referred to collectively as the "Proposed Project "); and WHEREAS, the 2.49 -acre Property includes one property developed with a motel and a portion of an adjacent property that is partially developed with a motel. The Property is located in the "C -G" General Commercial Zone meaning that the Property is subject to the zoning and development standards described in Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code (the "Code "). The Property is also located within the Brookhurst Commercial Corridor (BCC) Overlay Zone, meaning that the regulations contained in Chapter 18.22 ( Brookhurst Commercial Corridor (BCC) Overlay Zone) of the Code shall apply to the Property and shall supersede any inconsistent regulations of the "CG" General Commercial Zone. However, the Property is also located within the Residential Opportunity (RO) Overlay zone, which is intended to implement the City's Housing Element of the General Plan by providing "by- right" housing development opportunities consistent with a property's General Plan land use designation and consistent with the development standards and requirements set forth in Chapter 18.06 (Multiple - Family Residential Zones). The Anaheim General Plan designates this Property for Low - Medium Density Residential land uses; WHEREAS, by Resolution No. 2013 -150 adopted on September 24, 2013, the City Council certified Environmental Impact Report No. 2012 -00346 and adopted Findings and a Statement of Overriding Considerations and Mitigation Monitoring Program No. 122A (collectively referred to as EIR No. 2012 - 00346), in support of the adoption of the Housing Opportunities Rezoning Project; and WHEREAS, the Planning Commission hereby finds and determines that, in accordance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA ") and Title 14 of the California Code of Regulations (herein referred to as the "CEQA Guidelines "), (i) EIR No. 2012 -00346 serves as the appropriate environmental documentation for proposed Conditional Use Permit No. 2014 -05730 and Variance No. 2014 -04976 and satisfies all of the requirements of CEQA; (ii) none of the conditions described in Sections 15162 or 15163 of the CEQA Guidelines calling for the preparation of a subsequent or supplemental environmental documentation have occurred in connection with the proposed Conditional Use Permit No. 2014 -05730 and Variance No. 2014- - 1 - PC2014 -105 04976; and (iii) no further environmental documentation needs to be prepared under CEQA for the proposed Conditional Use Permit No. 2014 -05730 and Variance No. 2014 - 04976; 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, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 17, 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 with respect to Conditional Use Permit No. 2014 - 05730, 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 Subsection .010 of Section 18.06.160 of the Anaheim Municipal Code (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 Proposed Project complies with and implements the City's Housing Element of the General Plan by providing "by- right" housing development opportunities consistent with the Property's General Plan land use designation and is consistent with the development standards and requirements for the "RM- 3" Multiple Family Residential Zone set forth in Chapter 18.06 (Multiple - Family Residential Zones) of the Code. 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 and pedestrian 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, subject to compliance with the conditions contained herein. WHEREAS, the Planning Commission does further find and determine that the request for a variance in conjunction with the proposed 40 -unit attached and detached single family residential project should be approved for the following reasons: -2- PC2014 -105 SECTION NO. 18.40.060.090 Private Street Improvements. (6 -foot wide parkways required on both sides of the street; parkways proposed on one side of the street) 1. That the strict application of the Code would deprive the subject property of privileges enjoyed by other properties in the vicinity because the property has unique site constraints, due to the narrow and deep property configuration, that precludes the ability to provide 6 -foot wide parkways to meet current Code requirements while maintaining required parking, recreational areas, and vehicular circulation areas. 2. That there are special circumstances applicable to the Property pertaining to its topography and location, which do not apply to identical zoned properties in the vicinity because of the lot configuration. The lot is narrow in width and long in depth and it would be difficult to provide the Code - required private street improvements. The City Engineer approved the request by the applicant to modify the City's private street standard pertaining to the reduced number of parkways. 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 -05730 and Variance No. 2014 - 04976, contingent upon and subject to (1) approval of Tentative Tract Map No. 17754, which entitlement is now pending, (2) 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 (3) the adoption by the City Council of an ordinance for Zoning Code Amendment No. 2014 -00120 amending the Zoning Code to increase the maximum height of detached single family residences in the RM zones from 30 feet /two stories to 40 feet/three stories. 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 -3- PC2014 -105 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 November 17, 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 thgevnt of an appeal. CHAIRMAN, PLANNI COMMISSION OF UIE CITY OF Al'WIEIM ATTEST: "'0 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 November 17, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this 17 day of November, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4- PC2014 -105 EXHIBIT "A" DEV2014 -00018 APN: 127 - 231 -35 127- 241 -67 i 127 - 241 -70 W ORANGE AVE o LLJ a a LL Q Q pZ 2E LL LL OO U Z } F- z U H V) 599.90' H 231' m = N Y 0 _ O Q 371' W 00 W NIOBE AVE O 0-- a O p CITY OF ANAHEIM UNINCORPORATED i i W STONYBROOK DR i 1 e so ioe Source: Recorded Tract Maps and/or City GIS. ee: Please note the accuracy is +1- two to five feet. - 5 - PC2014 -105 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2014-05730 AND VARIANCE NO. 2014-04976 (DEV2014- 00018) -6- PC2014 -105 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT PRIOR TO ISSUANCE OF A GRADING PERMIT 1 A Water Quality Management Plan (WQMP) shall be submitted for Public Works, review and approval to the Public Works Department. The final WQMP Development Services shall address the following items: - Infiltration via pervious pavers and infiltration wells are acceptable considerations for this site. More information regarding the criteria which can preclude infiltration from being used (e.g. depth to groundwater, prior subsurface contamination, etc.) shall be identified and considered for Final WQMP (in particular the depth to groundwater relative to the infiltration wells with consideration for mounding affects). - Sizing of the LID /Treatment Control shall be required for Final WQMP. - All stormwater form areas other than roof drains and flat landscape area shall be pretreated for anticipated pollutants (as required by regulations) as well as for fine sediment (to preserve the infiltration capacity of the system). - The pavers must be designed to accommodate vehicular traffic (including routine trash truck access and occasional fire engine access). 2 Prior to approval of the grading and private storm drain plans, the plans Public Works, and drainage report shall demonstrate the terminal detention basin and Development Services in -line flow restrictions have been sized to match the pre - development site flows as required by the City Engineer. The water surface elevation for the drainage system shall provide adequate freeboard to the residential pad elevations as required by the City's design criteria. All drainage items shall be made part of the homeowner's maintenance obligations and shall be added to the tract maintenance covenant. No off -site run -off shall be blocked during and after grading operations or perimeter wall construction. 3 The developer shall demonstrate in the final drainage report that the Public Works, site "developed condition" flows match the site "existing condition" Development Services flows and that improvements to the downstream deficient city storm drain are not required as a result of this project. The site storm drain plans shall be approved prior to grading plan approval. -6- PC2014 -105 -7- PC2014 -105 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 4 The existing electrical facilities near the boundary with 631 South Public Works, Brookhurst Street shall be relocated at the cost of the applicant if they Development Services interfere with the proposed development. 5 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 storm drains connecting to a City storm drain. 6 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 7 All new water mains, services, meters, backflow devices, laterals, fire public Utilities, Water hydrants, and appurtenances shall be designed and installed in Engineering accordance with the Public Utilities Department Water Engineering Administrative Procedures and Design Guidelines and the Water Services Standard Specifications, both of which are available on the Public Utilities Department's website http: / /www.anaheim.net /. 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 Engineering and 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, public Utilities, Water as well as any modifications, relocations, or abandonments of existing Engineering water services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. 10 If this is an individual homeowner project with a landscaping area Public Utilities, Water (including pools or other Water features) exceeding 5,000 square feet, Engineering a Landscape Documentation Package, a Certification of Completion 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. -7- PC2014 -105 -8- PC2014 -105 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 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. The owner /developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 12 The Owner shall irrevocably offer to dedicate to the City of Anaheim Public Utilities, Water (i) an easement for all large domestic above - ground water meters and 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. 13 The developer /owner shall submit a water system master plan, Public Utilities, Water including a hydraulic distribution network analysis, for Public Utilities Engineering Water Engineering review and approval. The master plan shall demonstrate the adequacy of the proposed on -site water system to meet the project's water demands and fire protection requirements. 14 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. 15 The developer /owner shall submit a set of improvement plans for Public Utilities, Water Public Utilities Water Engineering review and approval in determining Engineering the conditions necessary for providing water service to the project. 16 Water improvement plans shall be submitted to the Water Engineering Public Utilities, Water Division for approval and a performance bond in the amount approved Engineering by the City Engineer and form approved by City Attorney shall be posted with the City of Anaheim. -8- PC2014 -105 -9- PC2014 -105 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 17 Individual water service and /or fire line connections will be required Public Utilities, Water for each parcel or residential, commercial, industrial unit per Rule 18 Engineering of the City of Anaheim's Water Rates, Rules and Regulations. 18 The Owner shall be responsible for restoring any special surface Public Utilities, Water improvements, other than asphalt paving, within any right -of -way, 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. 19 A minimum of two connections to public water mains and water Public Utilities, Water looping inside the project are required. Engineering 20 The following minimum horizontal clearances shall be maintained Public Utilities, Water between proposed water main and other facilities: Engineering - 10 -feet minimum separation (outside wall - to-outside wall) from sanitary sewer mains and laterals, and any buildings, footings, and walls - 5 -feet minimum separation from all other utilities, including storm drains, gas, and electric - 3 or 6 -feet minimum separation from curb face - 10 -feet minimum separation from large trees Minimum water main horizontal and vertical separation shall be per COA Std. W -130 21 No public water main or public water facilities shall be installed in Public Utilities, Water private alleys or paseo areas. Engineering 22 No public water mains or laterals allowed under parking stalls or Public Utilities, Water parking lots. Engineering 23 All fire services 2 -inch and smaller shall be metered with a UL listed Public Utilities, Water meter, Hershey Residential Fire Meter with Translator Register, no Engineering equals. 24 Water meters shall not be installed within driveways or parking Public Utilities, Water spaces. Engineering PRIOR TO APPROVAL OF PLANS RELATED TO ELECTRICAL ENGINEERING 25 Prior to approval of permits for improvement plans, the property Public Utilities, owner /developer shall coordinate with Electrical Engineering to establish Electrical Engineering electrical service requirements and submit electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. -9- PC2014 -105 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 26 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 Electrical Engineering shown on the approved utility service plan. 27 Prior to connection of electrical service, the legal owner shall submit Public Utilities, payment to the City of Anaheim for service connection fees. Electrical Engineering PRIOR TO THE ISSUANCE OF BUILDING PERMITS 28 All individual residential units shall have addressing readily readable Police Department from the street, indicating the address of that unit. All addressing shall be free from obstruction and either well lit during hours of darkness or of a highly contrasting color to its background. 29 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 concurrently with the Subdivision Agreement and the Maintenance Covenant. 30 Plans shall be submitted showing stop control for private street access. A Public Works, stop sign shall be installed and stop legend shall be painted on the Development Services private street in the southeast bound direction at Brookhurst Street prior to final building and zoning inspection. Subject property shall thereupon be developed and maintained in conformance with said plans. 31 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 Traffic and building plans. Transportation PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 32 Fire lanes shall be posted with "No Parking Any Time." Said information Fire Department shall be specifically shown on plans submitted for building permits. 33 The required public improvements shall be installed prior to final zoning Public Works, and building inspection. Development Services 34 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. 35 The developer shall improve the streets as follows: 1) improve private Public Works, streets per City Standard Detail 162 or as approved by the City Engineer, Development Services 2) improve Brookhurst Street per City Standard No. 160 -A Major Arterial 6 -lanes divided or as approved by the City Engineer (public). -10- PC2014 -105 - 11 - PC2014 -105 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 36 ADA compliant curb access ramps with truncated domes shall be Public Works, constructed at the intersection of Brookhurst Street on both sides of the Development Services private street in conformance with Public Works Standard Detail 111 -3. 37 All required WQMP items shall be inspected and operational. Public Works, Development Services 38 All required public street, landscaping, irrigation, sewer and storm drain Public Works, improvements shall be constructed prior to final building and zoning Development Services inspections and are subject to review and approval by the Construction Services inspector. 39 The legal property owner shall record in the Official Records of the Public Works, County of Orange a covenant satisfactory to the Director of Public Development Services Works requiring the property owner to maintain operational the designated permeable and infiltration on -site areas until such time as the Director of Public Works determines that the City's storm drain is no longer deficient. 40 Mature evergreen trees shall be planted along the perimeter of the Planning Department property and common recreational areas in order to screen visibility from third story windows into the backyards of adjacent single family residential properties as shown on the submitted plans. ON -GOING DURING PROJECT OPERA TIONS 41 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. 42 Gated entryways are not permitted without obtaining appropriate permits. Public Works, Traffic A vehicle turnaround area outside of the gates would be required. Engineering GENERAL 43 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. 44 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. - 11 - PC2014 -105 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 45 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. 46 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. - 12 - PC2014 -105