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Resolution-PC 2017-037RESOLUTION NO. PC2017-037 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2016-05875 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00043) (3315-3325 WEST LINCOLN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for Conditional Use Permit No. 2016-05875 to permit the construction of an 22 -unit attached, single-family residential project (the "Project") with modified development standards, i.e., a reduction in setback requirements and distance between buildings of the "RM -3" Multiple -Family Residential Zone, for that certain real property located at 3315-3325 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, Conditional Use Permit No. 2016-05875 is proposed in conjunction with a request (i) to rezone or reclassify a portion of the Property from the "C -G" Transition Zone to the "RM -3" Multiple -Family Residential Zone, which reclassification is designated as "Reclassification No. 2016-00294"; and (ii) a tentative tract map to createa 22 unit condominium subdivision on the Property, which is designated as "Tentative Tract Map No. 18038"; and WHEREAS, Reclassification No. 2016-00294, Conditional Use Permit No. 2016-05875, and Tentative Tract Map No. 18038 shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the 1.26 -acre project site consists of two parcels. The easterly parcel is currently developed with a church and religious school and is zoned "RM -3" Multiple Family Residential. The westerly parcel is currently developed with a commercial building and is zoned "C -G" General Commercial. The properties are designated for Low -Medium Density Residential land uses by the General Plan; and WHEREAS, all development within the "RM -3" Multiple -Family Residential Zone that includes single-family attached dwelling units is subject to approval by the Planning Commission of a conditional use permit pursuant to Subsection .010 (Residential Planned Unit Development) of Section 18.06.160 (Residential Planned Unit Development) of Title 18 (Zoning) of the Anaheim Municipal Code (the "Code"). Pursuant to subsection .030 (Modification of Other Standards) of Section 18.06.160 (Residential Planned Unit Development), the minimum setback requirements, as set forth in Section 18.06.090 (Structural Setbacks), including Interior Setbacks, Landscaped Portion of Setbacks, and the Setbacks between Buildings, may be modified in order to achieve a good project design, privacy, livability, and compatibility with surrounding uses provided that the Planning Commission makes certain findings set forth in Subsection .050 (Findings) of Section 18.06.090 (Residential Planned Unit Development). If approved, Conditional Use Permit No. 2016-05875 will permit the reduction in the street setbacks, interior setbacks, landscape setbacks, and setbacks between buildings requirements of the "RM -3" Multiple -Family Residential Zone for the Property; and - 1 - PC2017-037 WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 3, 2017 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 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, 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 City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the adoption of this Resolution, this 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 and will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, pursuant to Subsection .030 (Modification of Other Standards) of Section 18.06.160 (Residential Planned Unit Development), this Planning Commission, after due consideration, inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, including the plans submitted by the applicant, does hereby find and determine the following facts with respect to Conditional Use Permit No. 2016-05875: 1. The uses within the Project are compatible with the surrounding land uses; 2. New buildings or structures related to the Project are compatible with the scale, mass, bulk, and orientation of existing buildings in the surrounding area. Said existing buildings conform with the provisions of the Zoning Code; 3. Vehicular and pedestrian access are adequate; 4. The Project is consistent with any adopted design guidelines applicable to the Property and the Project; 5. The size and shape of the site proposed for the Project is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area; 6. The traffic generated by the Project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; - 2 - PC2017-037 7. The Project complies with the General Plan and will comply with the zoning for the Property, upon approval of an amendment to the Zoning Map of the Anaheim Municipal Code to rezone and reclassify the Property into the "RM -3" Multiple -Family Residential Zone by the adoption by the City Council of an ordinance reclassifying the Property in accordance with Reclassification No. 2016-00294, now pending. 8. 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. WHEREAS, this 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. This 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, based upon the aforesaid findings and determinations, this Planning Commission does hereby approve and adopt Conditional Use Permit No. 2016-05875, contingent upon and subject to: (1) the adoption by the City Council of an ordinance authorizing an amendment to the Zoning Map to rezone and reclassify the Property to the "RM -3" Multiple -Family Residential Zone under Reclassification No. 2016-00294, and (2) the adoption by this Planning Commission of a resolution approving Tentative Tract Map No. 18038, all of which entitlements are now pending; and (4) 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. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City -Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. -3 - PC2017-037 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 April 3, 2017. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on April 3, 2017, by the following vote of the members thereof. AYES: COMMISSIONERS: BOSTWICK, CALDWELL, CARBAJAL, DALATI, LIEBERMAN, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: HENNINGER IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of April, 2017. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2017-037 EXHIBIT "Alt DEV NO. 2016-00043 - 5 - PC2017-037 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2016-05875 (DEV2016-00043) - 6 - PC2017-037 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT PRIOR TO ISSUANCE OFA GRADING PERMIT 1 The project's Final Grading, Soils, and Drainage Reports shall be submitted Public Works, for review and approval to the Development Services Division. Development Services 2 The final Water Quality Management Plan (WQMP) shall be submitted for Public Works, review and approval to Public Works Development Services Division and Development Services comply with the most current requirements of the Orange County Drainage Area Management Plan (DAMP). 3 The property owner shall submit project improvement plans that incorporate Public Works, the required drainage improvements and the mechanisms proposed in the Development Services approved Final Drainage Report. Post -development storm event run-off shall be less than or equal to the existing pre -development storm event run-off. No offsite run-off shall be blocked during and after grading operations or perimeter wall construction. Finish floor elevations shall be 1 -ft. minimum above water surface elevations of 100 -year storm event. 4 The applicant shall demonstrate that coverage has been obtained under Public Works, California's General Permit for Stormwater Discharges Associated with Development Services Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number. The applicant shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall be kept at the project site and be available for City review upon request. 5 Prior to issuance of the grading permit and right-of-way construction permit Public Works, for the storm drain and 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. PRIOR TO APPROVAL OF PLANS RELATED TO WATER ENGINEERING 6 That a private water system with separate water service for fire protection and Public Utilities, domestic water shall be provided and shown on plans submitted to the Water Water Engineering Engineering Division of the Anaheim Public Utilities Department. 7 That water submetering shall be furnished and installed by the Public Utilities, Owner/Developer and a water submeter shall be installed to each individual unit. Provisions for the ongoing maintenance and operation (including meter Water Engineering - 6 - PC2017-037 - 7 - PC2017-037 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT billing) of the submeters shall be the responsibility of the Owner/Developer and included and recorded in the Master CC & Rs for the project. 8 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 alleys. Water Engineering 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 That all requests for new water services, backflow equipment, or fire lines, as Public Utilities, well as any modifications, relocations, or abandonments of existing water services, backflow equipment, and fire lines, shall be coordinated and Water Engineering permitted through Water Engineering Division of the Anaheim Public Utilities Department. 10 That all existing water services and fire services shall conform to current Public Utilities, Water Services Standards Specifications. Any water service and/or fire line Water Engineering 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. 11 The Owner shall irrevocably offer to dedicate to the City of Anaheim (i) an Public Utilities Water easement for all large domestic above -ground water meters and fire hydrants, Engineering 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. 12 That the developer/owner shall submit to the Public Utilities Department Public Utilities Water Water Engineering Division an estimate of the maximum fire flow rate and Engineering 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 - PC2017-037 - 8 - PC2017-037 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 13 The Owner shall be responsible for restoring any special surface Public Utilities Water improvements, other than asphalt paving, within any right-of-way, public Engineering 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. 14 The following minimum horizontal clearances shall be maintained between Public Utilities Water any proposed water main, meter assembly, or appurtenance and other facilities: Engineering • 10 -feet minimum separation (outside wall -to -outside wall) from sanitary sewer mains and laterals * 5 -feet minimum separation from all other utilities, including storm drains, gas, and electric • 6 -feet minimum separation from curb face • 10 -feet minimum separation from structures, footings and trees. 15 No public water main or public water facilities shall be installed in private Public Utilities Water alleys or paseo areas. Engineering 16 No public water mains or laterals allowed under parking stalls or parking lots. Public Utilities Water Engineering 17 All fire services 2 -inch and smaller shall be metered with a UL listed meter, Public Utilities Water Hersey Residential Fire Meter with Translator Register, no equals. Engineering PRIOR TO THE ISSUANCE OF BUILDING PERMITS 18 Prior to issuance of the first building permit, excluding model homes, the final Public Works, map shall be submitted to and approved by the City of Anaheim Department of Development Services Public Works and the Orange County Surveyor for technical review and that all applicable conditions of approval have been complied with and then shall be filed in the Office of the Orange County Recorder. 19 A cash -in -lieu payment based on the project engineer's cost estimate, in an Public Works, amount determined by the City Engineer to be sufficient to pay for future Development Services street widening along Lincoln Avenue per the Lincoln Avenue Master Plan, shall be paid to the City of Anaheim. 20 Prior to the issuance of a building permit, the applicant shall submit draft Public Works, Covenants Conditions and Restrictions (CC&Rs) that are prepared by an Traffic Engineering authorized professional for review and approval by the Director of Public Works and City Attorney, which will generally provide for the following: a. A requirement that residents shall use designated parking area, including garages, only for the parking of vehicles. b. A provision that parking garages are subject to inspection by the - 8 - PC2017-037 - 9 - PC2017-037 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT Association or City of Anaheim staff. c. A provision requiring that proposed amendments to the CC&Rs shall be submitted for review to the Public Works Director or designee, and shall be approved by the City Attorney prior to the amendment being valid. d. A provision that the City is a third -party beneficiary to the CC&Rs and has the right, but not the obligation, to enforce any of the provisions of the CC&Rs. PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS 21 All required on-site Water Quality Management Plan, sewer, storm drain, and Public Works, public right of way improvements shall be completed, operational, and are Development Services subject to review and approval by the Construction Services Inspector. 22 The developer shall improve Lincoln Avenue per the Lincoln Avenue Corridor Public Works, Master Plan or as approved by the City Engineer. Development Services 23 That 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 Engineering building plans. ON --GOING DURING PROJECT GRADING, CONSTRUCTIONAND OPERATIONS 24 Any Graffiti painted or marked upon the premises or on any adjacent area Planning and Building under the control of the licensee shall be removed or painted over within 24 Department, hours of being applied. Code Enforcement Division GENERAL 25 The subject Property shall be developed substantially in accordance with plans Planning and Building and specifications submitted to the City of Anaheim by the applicant and Department, which plans are on file with the Planning Department, and as conditioned Planning Services herein. Division 26 Conditions of approval related to each of the timing milestones above shall be Planning and Building prominently displayed on plans submitted for permits. For example, conditions Department, of approval that are required to be complied with prior to the issuance of Planning Services building permits shall be provided on plans submitted for building plan check. Division This requirement applies to grading permits, final maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. - 9 - PC2017-037 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 27 The applicant is responsible for paying all charges related to the processing of Planning and Building this discretionary case application within 30 days of the issuance of the final Department, invoice or prior to the issuance of building permits for this project, whichever Planning Services occurs first. Failure to pay all charges shall result in delays in the issuance of Division required permits or may result in the revocation of the approval of this application. 28 The Applicant shall defend, indemnify, and hold harmless the City and its Planning and Building officials, officers, employees and agents (collectively referred to individually Department, and collectively as "Indemnitees") from any and all claims, actions or Planning Services proceedings brought against Indemnitees to attack, review, set aside, void, or Division annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. - 10- PC2017-037