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Resolution-PC 2017-019RESOLUTION NO. PC2017-019 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING VARIANCE NO. 2016-05083 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00136) (2726 WEST LINCOLN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified application for Variance No. 2016-05083 to permit the construction of 34 single-family attached residences with building and landscape setbacks narrower than required by the Anaheim Municipal Code (the "Code") (collectively referreded to herein as "Proposed Project") on certain real property located at 2726 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"); and WHEREAS, the Property is approximately 1. 17 acres in size, located in the "RM - 4" Multiple -Family Residential Zone, and is developed with four single family homes. The Property is designated on the Land Use Element of the General Plan for "Medium Density Residential" land uses; and WHEREAS, Variance No. 2016-05083 was submitted in conjunction with Tentative Tract Map No. 18046 to establish a 1 -lot, 34 -unit attached condominium subdivision (the "Project"); and WHEREAS, on January 23, 2017, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; 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 "projects", as that term is defined in Section 15378 of the CEQA Guidelines; and WHEREAS, the Planning Commission finds and determines that the Proposed Project is within that class of projects (i.e., Class 32 — In -fill Development projects) which consists of in -fill development meeting the conditions described in Section 15332 of the CEQA Guidelines; that is, (a) the project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations, (the proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses, (c) the project site has no value as habitat for endangered, rare or threatened species, (d) approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality, and (e) the site can be adequately served by all required utilities and public services. The Planning Commission finds - 1 - PC2017-019 and determines that the Property is located within an "urbanized area", as that term is defined in Section 15387 of the CEQA Guidelines, and meets the aforementioned conditions and will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request to construct 34 single-family attached residences with building and landscape setbacks that are narrower than required by the Code, has determined that Variance No. 2016-05083 should be approved for the following reasons: SECTION NO. 18.06.090.010.0101 SECTION NO. 18.06.090.030 SECTION NO. 18.06.090.040 Minimum front landscaped and structural setback. (20 feet required; 12 feet, 6 inches proposed) Minimum interior setback. (20 feet structural, 5 feet landscape required; 13 feet, 4 inches structural, 0 to 4 feet, 6 inches landscape proposed) Minimum setback within 150 feet of single- family residential. (55 feet required; 10 feet proposed) 1. That there are special circumstances applicable to the Property, including size, shape, location and surroundings, which do not apply to other property under the identical zoning classification in the vicinity of the proposed Project. The property has a narrow shape, which presents unique challenges to this site not experienced by other nearby properties in the same zone. The Project doesn't not comply with the above setback requirements due to the narrowness of the lot and the required vehicle back up clearance of the open parking spaces proposed, as well as the trash and fire truck turnaround. 2. That, because of these special circumstances, strict application of the Zoning Code deprives the property of privileges enjoyed by other property under the identical zoning classification in the vicinity due to the limited developable area, specifically the narrow width of portions of the property. In fact, this is the narrowest parcel located on Lincoln Avenue between Dale Avenue and Magnolia Avenue. 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. - 2 - PC2017-019 NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this Planning Commission, for the reasons hereinabove stated, does hereby approve Variance No. 2016-05083 subject to the conditions of approval described in Exhibit B attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED that amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City 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 the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 23, 2017. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 3 - PC2017-019 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM 1 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 January 23, 2017, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, CARBAJAL, HENNINGER, LIEBERMAN, SEYMOUR NOES: COMMISSIONERS: DALATI ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of January, 2017. i SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2017-019 EXHIBIT "A" DEV NO. 2016-00136 APN: 126-022-18 126-022-17 4A D a � � Q > z z LU a J z W LINCOLN AVE W LINCOLN AVE 85' a z N N O O O O 84' W TOLA AVE J F- V1 a vi z V Q Q O O w y N � ©o so ioo Source: Recorded Tract Maps and/or City GIS. Fv Please note the accuracy is +/- two to five feet. -5 - PC2017-019 EXHIBIT `B" VARIANCE NO. 2016-05083 (DEV2016-00136) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OFA GRADING PERMIT 1 Right of entry and private drainage easement are required from the Public Works property owner to the south to allow the proposed storm drain crossing Department, the lot. Development Services Division 2 OCFCD permit is required for the connection to the Carbon Creek Public Works Channel. Department, Development Services Division 3 Capacity assessment is required for the drainage system in Lincoln Public Works Avenue in case the property owner to the south denies access and/or Department, OCFCD denies connection permit, resulting in drainage diverting Development Services northerly. Additional storm drain system may be required in Lincoln Division Avenue to be constructed by the developer to handle the excess development flow if the City system accepting the flow found to be deficient. 4 Prior to issuance of the grading permit, the applicant shall submit to the Public Works Public Works Development Services Division for review and approval a Department, Water Quality Management Plan that conforms with current Orange Development Services County Guidelines and Requirements as well as the City's WQMP Division Review Checklist. 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 Department, Harmless agreement in -lieu of an Encroachment Agreement is required Development Services to be executed, approved by the City and recorded by the applicant on Division the property for any storm drains connecting to a City storm drain. 6 That the developer/owner shall submit a set of improvement plans for Public Utilities Public Utilities Water Engineering review and approval in determining Department, the conditions necessary for providing water service to the project. Water Engineering Division 7 The developer shall demonstrate that all building pads will be a Planning and Building minimum of 1 -foot above the base flood elevation. The developer shall Department, provide an elevation certificate issued by FEMA, or other materials planning Services determined to be sufficient by Planning Services Division staff. Division - 6 - PC2017-019 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF A BUILDING PERMIT 8 All plumbing or other similar pipes and fixtures located on the exterior of Planning and Building the building shall be fully screened by architectural devices and/or Department, appropriate building materials. Said information shall be specifically Planning Services shown on the plans submitted for building permits. Division 9 All air-conditioning facilities and other ground -mounted equipment shall Planning and Building be properly shielded from view and the sound buffered from adjacent Department, residential properties. Said information shall be specifically shown on Planning Services the plans submitted for building permits. Division 10 Locations for future above -ground utility devices including, but not Planning and Building limited to, electrical transformers, water backflow devices, gas, Department, communications and cable devices, etc., shall be shown on plans Planning Services submitted for building permits. Plans shall also identify the specific Division screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments. l l Prior to approval of permits for improvement plans, the property Public Utilities owner/developer shall coordinate with Electrical Engineering to establish Department, electrical service requirements and submit electric system plans, Electrical Engineering electrical panel drawings, site plans, elevation plans, and related Division technical drawings and specifications. 12 Owner shall install an approved backflow prevention assembly on the Public Utilities water service connection(s) serving the property, behind property line Department, and building setback in accordance with Public Utilities Department Water Engineering Water Engineering Division requirements. Division 13 That a private water system with separate water service for fire Public Utilities protection and domestic water shall be provided and shown on plans Department, submitted to the Water Engineering Division of the Anaheim Public Water Engineering Utilities Department. Division 14 That water submetering shall be furnished and installed by the Public Utilities Owner/Developer and a water submeter shall be installed to each Department, individual unit. Provisions for the ongoing maintenance and operation Water Engineering (including meter billing) of the submeters shall be the responsibility of Division the Owner/Developer and included and recorded in the Master CC & Rs for the project. 15 That all backflow equipment shall be located above ground outside of the Public Utilities street setback area in a manner fully screened from all public streets and Department, alleys. Any backflow assemblies currently installed in a vault will have Water Engineering to be brought up to current standards. Any other large water system Division - 7 - PC2017-019 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. 16 That all requests for new water services, backflow equipment, or fire Public Utilities lines, as well as any modifications, relocations, or abandonments of Department, existing water services, backflow equipment, and fire lines, shall be Water Engineering coordinated and permitted through Water Engineering Division of the Division Anaheim Public Utilities Department. 17 That all existing water services and fire services shall conform to current Public Utilities Water Services Standards Specifications. Any water service and/or fire Department, line that does not meet current standards shall be upgraded if continued Water Engineering use is necessary or abandoned if the existing service is no longer needed. Division The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 18 The Owner shall irrevocably offer to dedicate to the City of Anaheim (i) Public Utilities an easement for all large domestic above -ground water meters and fire Department, hydrants, including a five (5) -foot wide easement around the fire hydrant Water Engineering and/or water meter pad. (ii) a twenty (20) foot wide easement for all Division 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. 19 That the developer/owner shall submit to the Public Utilities Department Public Utilities Water Engineering Division an estimate of the maximum fire flow rate Department, and maximum day and peak hour water demands for the project. This Water Engineering information will be used to determine the adequacy of the existing water Division 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. 20 That water improvement plans shall be submitted to the Water Public Utilities Engineering Division for approval and a performance bond in the amount Department, approved by the City Engineer and form approved by City Attorney shall - 8 - PC2017-019 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT be posted with the City of Anaheim. Water Engineering Division 21 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 Department, Department of Public Works and the Orange County Surveyor for Development Services technical review and that all applicable conditions of approval have been Division complied with and then shall be filed in the Office of the Orange County Recorder. 22 Prior to issuance of a Building Permit, the project shall record Solid Public Works Waste Management Plan (SWMP), including storage and collection in Department, CC&Rs. Operations Division PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 23 The developer shall improve Lincoln Avenue per the West Lincoln Public Works Avenue Corridor Master Plan or as approved by the City Engineer Department, (public). The improvements shall include ADA compliant curb access Development Services ramps with truncated domes to be constructed at the intersections of Division Lincoln Avenue on both sides of the driveway in conformance with Public Works Standard Detail 111-3. 24 All required street, landscaping, irrigation, sewer and drainage Public Works improvements shall be constructed prior to the first final building and Department, zoning inspections and are subject to review and approval by the Development Services Construction Services inspector. Division 25 All required site WQMP items shall be inspected and operational. Public Works Department, Development Services Division 26 The developer shall make a cash payment to the City of Anaheim in -lieu Public Works of street widening. Submit a construction cost estimate for review. Cash Department, in -lieu payment to be determined subsequently. Development Services Division 27 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 Department, shown on the approved utility service plan. Electrical Engineering Division 28 Prior to connection of electrical service, the legal owner shall submit Public Utilities payment to the City of Anaheim for service connection fees. Department, Electrical Engineering Division - 9 - PC2017-019 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL 29 Any tree planted on-site shall be replaced in a timely manner in the event Planning and Building that it is removed, damaged, diseased and/or dead. That the property Department, shall be permanently maintained in an orderly fashion by providing Code Enforcement regular landscape maintenance, removal of trash or debris, and removal Division of graffiti within two (2) business days from time of discovery. 30 That curbs adjacent to the drive aisles shall be painted red to prohibit Public Works parallel parking in the drive aisles. Red curb locations shall be clearly Department, labeled on building plans. Traffic Engineering Division 31 Vehicle gates shall not be installed across the project driveways or access Public Works roads without providing a vehicle turnaround area to the satisfaction of Department, the City Engineer. Traffic Engineering Division 32 Curbing shall be painted red designating area for trash truck turnaround. Public Works Department, Operations Division 33 The following minimum horizontal clearances shall be maintained Public Utilities between proposed water main and other facilities: Department, • 10 -feet minimum separation (outside wall -to -outside wall) from Water Engineering sanitary sewer mains and laterals Division • 5 -feet minimum separation from all other utilities, including storm drains, gas, and electric • 10 -feet minimum separation from structures, footings and trees • 6 -feet minimum separation from curb face 34 No public water mains or laterals allowed in alleys or paseo areas or Public Utilities under parking stalls or parking lots. Department, Water Engineering Division 35 All fire services 2 -inch and smaller shall be metered with a UL listed Public Utilities meter, Hersey Residential Fire Meter with Translator Register, no equals. Department, Water Engineering Division 36 The Applicant shall defend, indemnify, and hold harmless the City and Planning and Building its officials, officers, employees and agents (collectively referred to Department, individually and collectively as "Indemnitees") from any and all claims, Planning Services actions or proceedings brought against Indemnitees to attack, review, set Division - 10 - PC2017-019 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. 37 The subject property shall be developed substantially in accordance with Planning and Building the plans and specifications submitted to the City of Anaheim by the Department, applicant and which plans are on file with the Planning Department, planning Services including Tract Map, Site Plan, Floor Plans, and Elevations, and as Division conditioned herein. 38 Approval of this application constitutes approval of the proposed request Planning and Building only to the extent that it complies with the Anaheim Municipal Zoning Department, Code and any other applicable City, State and Federal regulations. Planning Services Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, Division regulation or requirement. 39 The applicant is responsible for paying all charges related to the Planning and Building processing of this discretionary case application within 30 days of the 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 Planning Services result in delays in the issuance of required permits or may result in the Division revocation of the approval of this application. - 11 - PC2017-019