Loading...
Resolution-PC 2006-10~ ~ RESOLUTION NO. PC2006-10 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION. THAT APPLICATION fOR CONDITIONAL USE PERMIT N0. 2005=05052 BE GRANTED : (648 SOUTH MAGNOLIA AVENUE) ' WHEREAS;`the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City ofAnaheim, County of Orange, State of California, described as THE NORTH 75 FEET OF THE SOUTH 150 FEET OF THE NORTH ' 6 ACRES OF THE WEST MALF OF THE WEST HALF. OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18 TOWNSMIP 4 SOUTH RANGE 10 WEST IN THE RANCHO LOS COYOTES IN THE CITY OF ANANEIM COUNTY OF ORANGE STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 51 PAGE 7 ET SEQ OF MISCELLANEOUS MAPS iN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in ~ the City of Anaheim on January 9, 2006, at 2:30 p.m.; notice of said public hearing having been duly giv.en 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 made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.06.160 to construct a 7-unit semi-attached residential condominium complex. 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 befieves the proposed project is compatible with existing and surrounding land uses and that the minor deviations from the Code as provided in Section 18.06.160 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 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 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 ofAnaheim. 5. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. Cr\PC2006-10 -1- PC2006-10 ; ~ ~ CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim City Planning Commission hasreviewed the'proposal to construct a 7-unit semi-attached residential condominium complex 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 the 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 Petition 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 to preserve 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 for building permits; Said doors shall be installed and maintained as shown on submitted plans. 2. That final landscape 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 east property lines and a minimum three-foot high landscaped berm within the frontiandscaped setback on Magnolia Avenue. The landscape plan shall incorporate layered landscaping within the front setback and clinging vines, shrubs and groundcover adjacent to all block walls and the northern property line. Said plans shall show minimum 24-inch box size evergreen, trees within the front yard. 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 located 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 orderlyfashion 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 Reclassification No. 2005- 00172, and approval and recordation of Tentative Tract Map No. 16974, 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 Standard Plan No. 609 and'shall be subject to the review and approval of the City _2_ PC2006-10 ~ ~ Traffic 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 Na 115. 13. That a written Solid Waste Management Plan shall be submitted to the Public Works Department, Sfreets 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. That 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 ManagementPlan. 15. That 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. 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. 18. 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. 19. 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. 20. 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 Division of the Anaheim Public Utilities Department. 21. 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 -3- PC2006-10 ~ ~ owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 22. 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 ofAnaheim. 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) feet from the water main to the sewer line. 23. That prior to application for water meters, fire line or submitting the water improvement plans for approval, the developer/owner shall submit to the Public Utilities Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peaK hour water demands forthe project. This .information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Anyoff-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. 24. That a master water meter shall be installed on Magnolia Avenue. The master meter shall be above ground on private property with an easement#ive-foot around the meter pad and the backflow device shaUbe behind the building setback line and maintained by the property owner/homeowners association. 25. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 6, as conditioned herein. 26. That final detailed elevation plans and colors and materials shall be submitted to the Planning Services Division for review and approval. Any decision by staffregarding said plans may be appealed to the Planning Commission as a"Reports and Recommendations" item. 27. That the developer shall submit a landscaping and irrigation plan to the Public Works Department, Development Services Division to improve Magnolia Avenue. The parkway irrigation shall be connected , to the on-site irrigation system and maintained by the property owner. A Right-of-Way Construction Permit shall be obtained from the Developmenf Services Division for all work performed in the right-of- way. The improvements shall be constructed prior to final building and zoning inspections. 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, 11, 12, 13, 16, 18, 19, 22, 26 and 27, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Chapter 18.60 of the Anaheim Municipal Code. 29. That prior to approval of a grading plan, Condition Nos. 14 and 17, above-mentioned, shall be complied with. 30. That prior to final building and zoning inspections, Condition Nos. 15, 24, 25 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 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 deemednull and void. ' =4- PC2006-10 ~ ~ BE IT FURTHER RESOLVED that the applicant is responsible for paying aU 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 this 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 the Planning Commission meeting of January 9, 2006. Said resofution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appe pro res and may be replaced by a City Council Resolution in the event of an appeaL HAIRMAN, H PLANNING COMMISSIO ATTEST: /?' ' - 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 the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 9, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, KARAKI,PEREZ, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of ,R , 2006. . . / ^ l~~j • . . . ~ . NIOR SECRETARY, ANAHEIM PLANNING COMM1551UN -5- PC2006=10