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RES-2016-044RESOLUTION NO. 2 01 6-044 A RESOLUTION OF THE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND ADOPTING CONDITIONAL USE PERMIT NO. 2015-05804 AND DETERMINING THAT SAID ACTION IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15332 OF TITLE 14 OF THE CALIFORNIA CODE OF REGULATIONS. (DEV2015-00057) (1609 AND 1615 WEST CERRITOS AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission") did receive a verified petition for: (i) a request to rezone or reclassify that certain real property located at 1609 and 1615 West Cerritos Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property"), from the "RS -2" Single -Family Residential Zone to the "RS -4" Single -Family Residential Zone, which reclassification is designated as "Reclassification No. 2015-00280"; (ii) Conditional Use Permit No. 2015-05804; and (iii) Tentative Tract Map No. 17882, which would establish an 11 -lot, single family subdivision on the Property (the "Project"). Reclassification No. 2015-00280, Conditional Use Permit No. 2015-05804, Tentative Tract Map No. 17882 and the Project shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Property is currently developed with two single-family residences and accessory structures and is located in the "RS -2" Single -Family Residential Zone. The Anaheim General Plan designates the Property for Low Density Residential land uses; and WHEREAS, all development within the "RS -4" Single -Family Residential Zone is subject to the provisions of Section 18.04.160 (Development in the RS -4 Zone) of Chapter 18.04 (Single -Family Residential Zones) of the Anaheim Municipal Code (the "Code"), which provides that all such development is subject to the approval of a conditional use permit; and WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on September 21, 2015 to hear and consider evidence for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith. Notice of said public hearing was duly given as required by Section 65090 of the California Government Code and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code. The public hearing was continued by the Planning Commission to October 19, 2015, at which time, the public hearing was continued again by the Planning Commission to November 2, 2015. While the public hearing was once again continued by the Planning Commission on its own motion on November 2, 2015 to December 14, 2015, the City elected to give notice of said continued public hearing, in the same manner as it did for the initial public hearing; and WHEREAS, following said public hearing and 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 (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the Planning Commission found and determined that the Proposed Project is within that class of projects which consist of in -fill development meeting the conditions described in Section 15332 of the CEQA Guidelines, will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, following said public hearing, the Planning Commission adopted its Resolution No. PC2015-102, approving Reclassification No. 2015-00280 to authorize an amendment to the Zoning Map of the Code to rezone and reclassify the Property into the "RS -4" Single -Family Residential Zone and recommending that the City Council adopt an ordinance reclassifying the Property in accordance with Reclassification No. 2015-00280; and WHEREAS, the Planning Commission concurrently adopted its Resolution No. PC2015- 103, approving Conditional Use Permit No. 2015-05804, including the lot areas and widths as shown on the site plan on file with the City, 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. 2015-00280, (2) the approval of Tentative Tract Map No. 17882, and (3) the conditions of approval set forth in Exhibit B attached to Resolution No. PC2015-103; and WHEREAS, the Planning Commission also concurrently adopted its Resolution No. PC2015-104, approving Tentative Tract Map No. 17882, 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. 2015-00280, and (2) the conditions of approval set forth in Exhibit B attached to Resolution No. PC2015-104; and WHEREAS, within the time prescribed by law, an interested party or parties did appeal said Planning Commission actions to the City Council; and WHEREAS, thereafter, the City Council did set the matter for a de novo hearing, which public hearing was duly noticed in the manner provided by law; and WHEREAS, at the time and place fixed for said public hearing, the City Council did hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard, and did receive evidence and reports, and did consider the recommendations and action of the Planning Commission; and WHEREAS, pursuant to and in accordance with the provisions of CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, this City Council finds and determines that the Proposed Project is within that class of projects which consist of in -fill development meeting the conditions described in Section 15332 of the CEQA Guidelines. Specifically, the Proposed Project (a) is consistent with the applicable General Plan designation 2 and all applicable General Plan policies, as well as with the applicable zoning designation and regulations, (b) is no more than five acres in size substantially surrounded by urban uses, (c) has no value as a habitat for endangered, rare or threatened species, (d) would not result in significant effects relating to traffic, noise, air quality, or water quality, and (e) the Property can be adequately served by all required utilities and public services. Accordingly, pursuant to Section 15332 of the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, at said public hearing and pursuant to Subsection .060 of Section 18.04.160 (Development in the RS -4 Zone), this City Council, after due consideration, inspection, investigation and study made by itself and in its behalf, and after due consideration of the recommendations of the Planning Commission and all evidence and reports offered at said hearing does hereby find and determine that all of the conditions and criteria set forth in the Code with respect to Conditional Use Permit No. 2015-05804 are present; that is: 1. The uses within the Proposed Project are compatible. 2. New buildings or structures related to the Proposed Project are compatible with the scale, mass, bulk, and orientation of existing buildings in the surrounding area, provided the existing buildings conform with the provisions of the Zoning Code. The lot sizes and widths proposed are adequate to ensure quality design that is compatible with the adjacent residential neighborhood and is not anticipated to adversely affect development of the area. With the modifications of certain standards described herein 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. 3. Vehicular and pedestrian access are adequate in that Public Works Staff determined that a traffic study is not required for the Proposed Project since it does not meet the minimum threshold of 100 vehicle trips in the a.m. or p.m. peak hours. The City's Traffic Study Guidelines state that a traffic study is required when a project's trips generation is expected to exceed 100 vehicle trips in the a.m. or p.m. peak hours. The Proposed Project would generate traffic well below this threshold and, therefore, a traffic study was not required. The overall net increase of 9 new homes would not exceed the City's General Plan which allows a density of up to 6.5 dwelling units per acre. 4. The Proposed Project is consistent with any adopted design guidelines applicable to the parcel or parcels in that the Proposed Project is consistent with the City's "Guidelines for Small -Lot Development" in that the proposed development incorporates these guidelines into the project based on the large size of the lots, adequate private yard areas, varied architectural features, and a well-designed private street (the "A" street portion) which includes on -street parking spaces, sidewalks, and parkways. 5. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area in that the Proposed Project, with the modifications of certain standards described herein below and under 3 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 in that the lot sizes and widths proposed are adequate to ensure quality design that is compatible with the adjacent residential neighborhood and therefore it is not anticipated to adversely affect development of the area. 6. The Proposed Project has been designed to accommodate the required on- and off-site parking, vehicular circulation, and trash collection and 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 it will provide a standard street width with on -street parking, parkways and sidewalks along "A" street and a 25 -foot hammerhead with a 4 -foot sidewalk on the north side of `B" Street. A street deviation was requested by the applicant and approved by the City Engineer to allow waiver of the parkway and minimum street width along "B" Street. 7. The impact upon the surrounding area has been mitigated to the maximum extent practicable in that site development standards proposed for the Proposed Project are consistent with the development standards of the "RS -4" Single -Family Residential Zone and the Low Density General Plan designation. 8. The Proposed Project complies with the General Plan and Subdivision Map Act in that the City's General Plan Land Use designation allows up to 6.5 dwelling units per gross acre and the Proposed Project is 13% less than the maximum at 5.7 dwelling units per gross acre. The detached single family small lot subdivision use is compatible with detached single family residential uses that surround the project site. The Proposed Project is consistent with the site development standards of the "RS -4" Single -Family Residential Zone; thus, the size and shape of the site proposed for the use is adequate to allow the full development of the Proposed Project. The Proposed Project is compatible with existing and surrounding single family residential land uses in the vicinity of the Property. 9. The granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. WHEREAS, this City Council 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. This City Council 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 based upon the aforesaid findings and determinations, this City Council does hereby approve and adopt Conditional Use Permit No. 2015-05804, including the lot areas and widths as shown on the site plan on file with the City, 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 El Reclassification No. 2015-00280, (2) approval of Tentative Tract Map No. 17882, 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. BE IT FURTHER RESOLVED that the time within which a rehearing must be sought is governed by the provisions of Section 1.12.100 of the Anaheim Municipal Code. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 2 3 day of February , 2016, by the following roll call vote: AYES: Mayor Pro Tem Kring and Council Members Murray and Brandman NOES: Mayor Tait and Council Member Vanderbilt ABSENT: None ABSTAIN: None CITY OF ANAHEIM `r Zt-1-1 I MAYOR OF THE CITY OF ANAHEIM ATTEST: 4 ", � i, "/'� CITY CLERK OF THE CITY OF AHEIM 114726/TJR EXHIBIT "A" DEV NO. 2015-00057 A P N : 129-212-31 129-212-32 a a a W HARRIET LN z a 0 W BUENA VISTA AVE 280' W LULLABY LN 0 o M M 20' co 210' N (D N W CERRITOS AVE 50, W MELLS LN Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2015-05804 (DEV2015 -00057) NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT PRIOR TO THE ISSUANCE OF A GRADING PERMIT 1 The project final WQMP shall be submitted for review and approval Public Works, and approved by the development services department of public Development Services works. 2 The developer/owner shall submit a set of improvement plans for Public Utilities — Public Utilities Department Water Engineering Division review and Water Engineering approval in determining the conditions necessary for providing water service to the project. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 3 All individual residential units shall have addressing readily readable from the street, indicating the address of that unit. All addressing Police Department shall be free from obstruction and either well lit during hours of darkness or of a highly contrasting color to its background. 4 All exterior doors shall have adequate security hardware, e.g. Police Department deadbolt locks. 5 Wide-angle peepholes or other viewing device shall be designed into all dwelling -unit front doors and all solid doors where exterior Police Department visibility is compromised. 6 Door locks shall be so constructed that both the deadbolt and deadlocking latch can be retracted by a single action of the inside Police Department doorknob/lever/turn-piece. 7 Landscaping shall be of the type and situated in locations to maximize observation while providing the desired degree of aesthetics. Police Department 8 The final map shall be submitted to and approved by the City of Public Works, Anaheim and the Orange County Surveyor and then shall be recorded Development Services in the Office of the Orange County Recorder (excluding model homes). 9 The developer shall post bonds for improvements in the public right- Public Works, Of -way as approved by the City of Anaheim. Development Services NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT 10 Prior to issuance of the grading permit and right-of-way construction Public Works, permit for the sewer, whichever occurs first, a Save Harmless Development Services 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. 11 Plans shall be submitted to the Planning Department for review and Planning Department approval. Said plans shall show the following: - A ten foot wide side yard structural setback along the east property line of Lot 8 - Minimum 24 -inch box sized trees in the rear yards of Lots 4, 5, 6, 7, and 8 - Minimum 24 -inch box sized trees in the side (easterly) yard of Lot 8 PRIOR TO APPROVAL OFPLANS RELATED TO WATER ENGINEERING 12 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 Public Utilities Department 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. 13 All requests for new water services, backflow equipment, or fire Public Utilities Water lines, as well as any modifications, relocations, or abandonments of Engineering existing water services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. 14 All existing water services and fire services shall conform to current Public Utilities Water Water Services Standard Specifications. Any water service and/or Engineering fire line that does not meet current standards shall be upgraded if continued use if 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. RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 15 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. 16 The developer/owner shall submit a water system master plan, Public Utilities Water including a hydraulic distribution network analysis, for Public Engineering Utilities Water Engineering Division 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. 17 The developer/owner shall submit to the Public Utilities Department Public Utilities Water Water Engineering Division an estimate of the maximum fire flow Engineering rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. 18 Water improvement plans shall be submitted to the Public Utilities Public Utilities Water Department Water Engineering Division for approval and a Engineering performance bond in the amount approved by the City Engineer and form approved by City Attorney shall be posted with the City of Anaheim. 19 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. RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 20 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 CC&R's for the project and the City easement deeds. 21 Public water mains within the project boundary are required. The Public Utilities Water developer/owner shall dedicate a minimum of 20 -foot wide easement Engineering over said mains to the Water Division. 22 The following minimum horizontal clearances shall be maintained Public Utilities Water between proposed water main and other facilities: Engineering 23 A 10 -foot minimum separation (outside wall -to -outside wall) from Public Utilities Water sanitary sewer mains and laterals shall be provided. Engineering 24 A 5 -foot minimum separation from all other utilities, including storm Public Utilities Water drains, gas, and electric shall be provided. Engineering PRIOR TO APPROVAL OF PLANS RELATED TO ELECTRICAL ENGINEERING 25 Electric system plans, electrical panel drawings site plans, elevation Public Utilities — plans, and related technical drawings and specifications shall be submitted to the Electrical Engineering Division of the Public Electrical Engineering Utilities Department to establish electrical service. PRIOR TO THE FINAL'' B UILDING AND ZONING INSPECTIONS 26 Fire lanes shall be posted with "No Parking Any Time." Said Fire Department information shall be specifically shown on plans submitted for building permits. 27 The developer shall submit street improvement plans to the Public Public Works, Works department to construct all work in the right of way in Development Services conformance to Public Works standards. Grind and cap existing pavement in Cerritos Avenue up to the street centerline within the frontage of the parcel. The improvements shall be constructed prior to final building and zoning inspection. 28 The developer shall construct private streets in conformance with Public Works, City of Anaheim standard 162 and the approved deviation from the Development Services City Engineer. NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT 29 Fire lanes or no parking zones shall be posted with "No Parking Any Public Works, Time." Said information shall be specifically shown on plans submitted for building permits. Development Services 30 The proposed "Street A" shall have stop control at Cerritos Avenue. Public Works, Building plans shall show a stop sign on the private drive and a stop bar and legend painted on the street per the latest versions of the City Development Services of Anaheim Engineering Standard Details 434 and 436. 31 Vehicle gates shall not be installed across Private Street "A" project Public Works, entry without providing a vehicle turnaround area to the satisfaction Development Services of the City Standard Details and the City Engineer. 32 All required public improvements shall be completed and operational Public Works, and submitted for approval to the Construction Services Division Development Services Inspector. 33 All required WQMP improvements shall be operational and verified Public Works, by the Construction Services Division Inspector and the Development Services Development Services Division. 34 All sidewalks shall be ADA compliant. Public Works, Development Services 35 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. 36 Vines or other similar planting material shall be planted and Planning Department maintained on the block wall adjacent to Cerritos Avenue to soften the wall and discourage graffiti. GENERAL 37 Second floor balconies shall not be permitted on any units within the Planning Department project site. RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 38 Conditions of approval related to each of the timing milestones above Planning Department shall be prominently displayed on plans submitted for permits. For example, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to grading permits, final maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. 39 The Applicant shall defend, indemnify, and hold harmless the City Planning Department and its officials, officers, employees and agents (collectively referred to individually and collectively as "Indemnitees") from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 40 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. 41 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant Planning Department and which plans are on file with the Planning Department.