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Resolution-PC 2005-159! • RESOLUTION NO. PC2005=159 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0:2005-05050 BE GRANTED (601 SOUTH WESTERN AVENUE) - WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim,`County of Orange, State of California, described as: THE EAST .172.00 'fEET OF THAT PORTION OF THE NORTH HALF OF THE' ' NORTHEAST QUARTER ' OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALCFORNIA, AS'PER MAPRECORDED IN'BOOK 51, PAGE 11 OF'MISCELLANEOUS MAPS, JN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHERLY OF THE LAND CONVEYED TO ORANGE COUNTY FLOOD CONTROL ' DISTRICT BY DEED RECORDED MARCH 5, 1959, IN BOqK 4614, PAGE 493 OF OFFICIAL RECORDS. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in : the City of Anaheim on December 12; 2005, at 2:30 p.m., notice of said pu6lic hearing having been duly given `as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter ' ' 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study madeby itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, tloes'find and determine #he following facts: 1. ° That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.04.160 to construct four (4), small-lot, single family residences. 2. That the proposed use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located as staff believesthe proposed project is . compatible with existing and surrounding land uses and that the minor deviations from the Code as provided in Section 18.04.160 would achieve a well designed and livable project, while being compatible and consistent with surrounding land uses. The proposed use would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed and because the size and shape of the site for the project is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area. 3. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area as the proposed project because the project would be implementing the Low-Medium Density Residential land use designation of the General Plan. This designation was environmentally analyzed as part of the environmental review process required by the California Environmental Quality Act (CEQA) performed as part of the General Plan Update approved by the City Council on May 25, 2004. 4. That 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. 5. That a person indicated their presence at said public hearing in opposition pertaining to the proposed driveway; and that no correspondence was received in opposition to the subject petition. Cr\PC2005-159 -1- PC2005-159 • • CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim City Planning Commission has reviewed the proposaf to construct a 4-unit detached residential subdivision and does ' hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during 4he public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Pefition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order topreserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That roll-up garage doors shall be shown on plans submitted forbuilding permits. Said doorsshall be installed and maintained as shown on submitted plans. 2. That final7andscape and fencing plans shall be submitted to the Planning Services Division for review ' and approval. The fencing plan shall incorporate a six (6) foot high decorative block wall along the - north, south, and west property lines and a planter adjacent the east elevation (garage) of the unit at the corner of Orange and Westem Avenues, The landscape plan shaU incorporate a layered landscape theme and indicate clinging vines, shrubs and groundcover between the block wall and the - northern property line. Said plans shall show minimum 24-inch box size evergreen, trees within the front yards of each home (two (2) trees per property). Any decision made by the Planning Services Division regarding said plan may be appealed to the Planning Commission as a Reports and Recommendation item. 3. That all air-conditioning facilities and other ground-mounted equipment`shall be properly shielded from view and the sound buffered from adjacent residential properties. Such information shall be specifically shown on the plans submitted for building permits. : 4. That all plumbing or other similar pipes and fixtures focated on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials'. Said information shall be specifically shown on the plans submitted for building permits. 5. That the property shall be permanently maintained in an orderly fashion by providing regular landscape ' maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 6. That this Conditional Use Permit is granted subject to the approval of Rectassification No. 2004-00171 approval and recordation of Tentative Parcel Map No. 2005-259, now pending. 7. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 8. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific 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. 9. That any required relocation of City electrical facilities shall be at the developer's expense. That landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be shown on plans submitted for building permits. 10. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 11. That gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic in the adjacent public street: Installation of any gates shall conform to Engineering Sfandard Plan No. 609 and shall be subject to the review and approval of the City Traffic -2- PC2005-159 • • and Transportation Manager. Said information shall be specifically shown on plans submitted for building permits. 12. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval of wall and fence locations to determine conformance with Engineering Standard No. 115. 13. '-That a comprehensive trash management program shall be submitted to thePublic Works Department, Streets and Sanitation Division, Said program shall include information on the following: a detailed, scaled site plan showing the storage and collection areas for automated trash barrels for each unit, the location of any trash enclosure with enclosure details drawings, and truck access. 14. ' Prior to the issuance of grading permit, the applicant shall submit to the Public Works Department Development Services Division for review and approval a Water Quality Management Plan that: • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. . Incorporates the applicable Routine' Source Control BMPs as` defined ` in the Drainage Area Management Plan. 15. Prior'to issuance of certificate of occupancy, the applicant shall: •= Demonstrate that all structural BMPs described in the Project WQMP have been constructed and _ installed in conformance with approved plans and specifications. • Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP. • Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 16. That the City of Anaheim Sewer Impact Mitigation fee for the Combined West Anaheim Area, Zone B shall be paid. The mitigation fee is currently $1,669/unit for single family developments. 17. The vehicular access rights to Orange Avenue and Western Avenue, except at street opening, sha11 be released and relinquished to the City of Anaheim. 18. That the Developer shall remove the existing driveway approaches and replace with curb, gutter, parkway landscaping and sidewalk. Obtain a Right of Way Construction Permit from 4he Development Services Division. 19. That the developer shall submit grading plans to the Public Works Department, Development Services Division and post a bond to guarantee that the street improvements are constructed as approved by the City Engineer. The improvements shall be constructed prior to final building and zoning inspections. 20. That all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards: Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback areas in a manner fully screened from all public streets and alleys. Said information shall be shown on plans and approved by Water Engineering and Cross Connection Control Inspector before submittal for building permits. -3-: PC2005-159 • • 21. That if this project has a common landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed and shall comply with City Ordinance No. 5349 and Chapter 10.19 of the Anaheim Municipal Code. Said information shall be shown on plans submitted for building permits. 22. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through Water Engineering Divisiorr of the Anaheim Public Utilities Department. 23. That all existing water services and fire lines shall conform to current Water Services Standards Specifications. Any water service and/or fire 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. 24. That prior to submitting water improvement plans, the developer shall submit a water system master ' plan, including a hydraulic distribution network analysis, for Public Utilities Water Engineering review and approval. The master plan shall demonstrate the adequacy"of the proposed on-site water system to meet the project's water demands and fire protection requirements.' 25. That water improvement plans shall be submitted to the Water Engineering Division for approval and a performance bond in the amount approved by the City Engineer and City Attorney shall be posted with the City of Anaheim. That the water improvement plans shall indicate a minimum clearance of five (5) , feet from the water main to the curb and gutter and a minimum clearance of ten (10) feef from the water main to the sewer line. 26. That prior to application for water meters, fire line or submitting the water improvement plans for approval, the developer/owner shall submit to the Pu61ic Utilities Water'Engineering Division an estimate of the maximum fire flow 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 occur in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations. : 27. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1, as conditioned herein. 28. That prior to issuance of a building permit, or within a period of one (1) year from the date of this , resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 6, 8, 9, 12; 13, 16, 17, 19, 20, 21, 25 and 26, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 29. That prior to approval of a grading plan, Condition No. 14, above-mentioned, shall be complied with. 30. That prior to final building and zoning inspections, Condition Nos. 15, 18, 19, 23 and 27, above-mentioned, shall be complied with. 31. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning 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. BE IT RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanYs 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. -4- PC2005-159 . .. . . ~~ . .. ~ ~ ' ~, ~ . ' . . ~~~ ~\ . . . .. ~ . . . ~ . . . •~ ~~ . . ' ~.~ .. . ~ . . . 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 or prior to the issuance of building permits for thi"s project, whichever occurs first. 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 thePlanning Commission meeting of December 12, 2005. Said resolution is subject to the appeal provisions sef forth in Chapter 18.60, "Zoning Provisions = General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a: City Council Resolution in the event of an .appeaL , , IRMA , NAH IM P ANNING COMMISSION ATTEST: : ~~ ~r~~ ~.~=~'t""~ f SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission; do hereby certify that tfie foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on December 12, 2005, by the following vote of the.members thereof: ' AYES: ` COMMISSIONERS: BUFFA, EASTMAN, KARAKI, PEREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: FLORES, VELASQUEZ .,,~-. W WITNESS WHEREOF, I have hereunto set my hand this ~ 1 T~ day of ~ , 2006. ~ ~.C'~ ~~~-'~ - /~i ~s~'L" SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION