Resolution-PC 2014-108RESOLUTION NO. PC2014 -108
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO. 2014 -05753 AND VARIANCE NO. 2014 -04982
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00046)
(701 EAST CYPRESS STREET)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission ") did receive a verified petition for Conditional Use Permit No. 2014 -05753 to
permit a 38 -unit small lot, single family residential project, and Variance No. 2014 -04982 for (i)
driveway lengths less than permitted by the Anaheim Municipal Code (the "Code "), (ii) a
deviation from the City's private street standard pertaining to parkway widths, and (iii) a wall
height that exceeds Code requirements for that certain real property located at 701 East Cypress
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 -05753 and Variance No. 2014 -04982 are proposed in
conjunction with Reclassification No. 2014 -00273 and Tentative Tract Map No. 17811 to
construct a 38 -unit single family residential project (herein referred to collectively as the
"Proposed Project ") and is contingent upon the adoption by the City Council of Zoning Code
Amendment No. 2014- 00120, an ordinance that will increase the permitted height of detached
single - family residences in the "RS -4" Single Family Residential and "RM" Multiple Family
Residential Zones; and
WHEREAS, the Property is currently developed with an industrial building. The
Property is located in the "RS -3" (Single Family Residential) and "I" (Industrial) zones. 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-
05753 and Variance No. 2014 - 04982; 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,
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(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,
(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, 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, does find and determine the following facts with respect to Conditional Use Permit
No. 2014 - 05753:
1. The request to permit the Proposed Project is properly one for which a conditional
use permit is authorized under paragraph .010 of Subsection .160 of Section 18.04 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
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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
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 38 -unit small lot, single family residential project
should be approved for the following reasons:
SECTION NO. 18.40.060.090
Private Street Improvements.
(6 -foot wide parkways required on both sides
of the private street; 3 -foot wide parkways
proposed)
SECTION NO. 18.42.030.040.0401
SECTION NO. 18.46.110.020
Minimum drivewa lengths.
(20 feet required; 18 feet proposed)
Maximum wall height.
(8 -foot high wall permitted adjacent to a
railroad track; 14 feet high proposed)
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 since the site has frontages on two public streets, that precludes the ability to provide
the Code required private street improvements and driveway lengths. In addition, the City
Engineer approved the request by the applicant to modify the City's private street standard
pertaining to the reduced parkway widths.
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
the site has frontages on two public streets and is located adjacent to a railroad track. Moreover,
the proposed 14 -foot high wall is intended to separate residential uses from a railroad right -of-
way and will serve to attenuate the train sound levels to less than 65 dB CNEL for the outdoor
recreation areas and the 45 dB CNEL interior noise standard. This wall height would be
consistent with other previously- approved residential developments adjacent to the same railroad
track.
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.
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NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2014 -05753 and Variance No. 2014 - 04982, contingent
upon and subject to (1) the adoption by the City Council of an ordinance reclassifying the
Property to the "RS -4" Single Family Residential Zone in accordance with Reclassification No.
2014 - 00273, (2) approval of Tentative Tract Map No. 17811, 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 Zoning Code Amendment No.
2014 - 00120, an ordinance that will increase the permitted height of detached single - family
residences in the "RS -4" Single Family Residential and "RM" Multiple Family Residential
Zones. 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.
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 thatvelit of an appeal.
CHAIRMAN, PLANOMMISSION
�F THE CITY OF A A IM
ATTEST:
1
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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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 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.
E ETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV INTO. 2014 -00046
: 035- 176 -03
035- 176 -02
035 - 176 -15
035 - 176 -14
035 - 176 -10
035- 176 -06
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2014-05753 AND
VARIANCE NO. 2014-04982
(DEV2014- 00046)
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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 storm 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.
4
Prior to issuance of grading permit, the Owner shall submit a Final
Public Works,
Drainage Study prepared by a registered professional Civil Engineer in
Development Services
the State of California. The study shall be based upon and reference the
latest edition of the Orange County Hydrology Manual and the
applicable City of Anaheim Master Plan of Drainage for the project area.
All drainage sub -area boundaries per the Master Plan for Drainage shall
be maintained, including applicable off -site areas. The study shall
include an analysis of 10, 25, and 100 -year storm frequencies, an
analysis of all drainage impacts to the existing storm drain system based
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
upon the ultimate project build -out condition, and address whether off -
site and /or on -site drainage improvements (such as detention/retention
basins or surface run -off reduction) will be required to prevent
downstream and upstream properties from becoming flooded.
PRIOR TO APPROVAL OF PLANS RELATED TO WATER ENGINEERING
5
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
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.
6
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.
7
The owner shall submit s set of improvement plans for review and
Public Utilities, Water
approval in determining the conditions necessary for providing water
Engineering
service to the project.
8
All fire services 2 -inch and smaller shall be metered with a UL listed
Public Utilities, Water
meter, Hersey Residential Fire Meter with Translator Register, no equals.
Engineering
9
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.
10
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.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
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.
11
A minimum of two connections to public water mains and water looping
Public Utilities, Water
inside the project are required.
Engineering
12
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
- 6 -feet minimum separation from curb face
13
No public water main or public water facilities shall be installed in
Public Utilities, Water
private alleys or paseo areas.
Engineering
14
No public water mains or laterals shall be allowed under parking stalls
Public Utilities, Water
or parking lots.
Engineering
PRIOR TO THE ISSUANCE OF BUILDING PERMITS
15
A private water system with separate water service for fire protection and
Public Utilities, Water
domestic water shall be provided.
Engineering
16
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.
17
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.
18
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.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
19
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.
20
Water improvement plans and approved design shall be submitted. The
Public Utilities, Water
legal property owner shall post a security to complete the required
Engineering
improvements. The improvements shall be completed prior to Final
Building and Zoning Inspections.
21
Plans shall be submitted showing stop control for both proposed private
Public Works,
streets. A stop sign shall be installed and stop legend shall be painted on
Development Services
private streets in the southbound direction at Cypress Street and in the
northbound direction at Adele Street. Subject property shall thereupon
be developed and maintained in conformance with said plans.
22
Curbs along both private streets shall be painted red to prohibit parallel
Public Works,
parking along both private streets. Red curb locations shall be clearly
Development Services
labeled on building plans.
23
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 the applicable conditions of approval have
been complied with and then shall be filed in the office of the Orange
County Recorder.
PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS
24
Address numbers shall be positioned so as to be readily readable from
Police Department
the street. Numbers shall be visible during hours of darkness.
25
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.
26
The required public improvements shall be installed prior to final zoning
Public Works,
and building inspection.
Development Services
27
ADA compliant curb access ramps with truncated domes shall be
Public Works,
constructed at the intersections of Adele Street on both sides of the
Development Services
private streets in conformance with Public Works Standard Detail 111 -3.
28
All required WQMP items shall be inspected and operational.
Public Works,
Development Services
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
29
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.
30
Prior to the issuance of Certificate of Occupancy of the 13 unit of the 38
Public Works,
proposed units, with the exception of 2 model units which may be
Development Services
offered limited occupancy for sales purposes only and not for use as a
residence, the two segment City's Sewer Improvements shall be
completed, or the date of July 25, 2016 shall have passed, and the one
segment Developer's offsite Sewer Improvement in Lincoln Avenue
shall be completed and operational.
31
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 Cypress Street and Adele Street per City Standard No. 160 -A
local street or as approved by the City Engineer (public).
ON DURING PROJECT OPERATIONS
32
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.
33
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.
34
Vehicle gates shall not be installed across the project driveway or access
Public Works, Traffic
roads without providing a vehicle turnaround area.
Engineering
GENERAL
35
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.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE DEPARTMENT
36
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.
37
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.
38
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.
39
Ongoing during project operations, vehicle gates shall not be installed
Public Works,
across the project driveway or access roads without prior City approval.
Development Services
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