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Resolution-PC 2006-112~. ~ ' RESOLUTION NO. PC2006-112 ' 'A RESOLUTION OF THEANAHEIM PLANNING COMMISSION THAT-PETITION FOR CONDITIONAL USE PERMIT NO: 2006-05150 BE GRANTED (3319-3321 WEST LINCOLN AVENUE) _ WHEREAS, the Anaheim 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 NORTH 300'FEET OF THE SOUTH 340 FEET OF THAT'PORTION OF THE SOUTH ONE-HALF OF THE SOUTHEAST QUARTER OF-THE SOUTHWEST QUARTER OF SECTION 11, JN TOWNSHIP 4 SOUTH, RANGE 11 WEST, W THE RANCHO'LOS COYOTES, AS PER MAP RECORDED'IN. BOOK 51, PAGE 11, MISCELLANEOUS MAPS, fN THE OFFICE OF THE : COUNTY RECORDER OF SAID COUNTY WHEREAS, the Planning Commission did hold a public hearing atthe Civic Center in the City of Anaheim on November 1`3, 2006, at 2:30 p.m., notice of'said public 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 permif and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued' from the November 13, and November 27, 2006, Planning Commission meetings; 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: 9: That the proposed request to construct a 12-unit attached single-family residential condominium complex is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section Nos. 18.06.030.040.0402 (Dwellings - Single-Family Attached) and 18.06.160. 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 because the proposed project is compatible with existing and surrounding land uses and complies with all provisions of the code, and would operate in a` manner that is compatible and consistent with surrounding land uses. ' 3. That 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 pa~icular area as demonstrated by the lac,k of waivers. 4. 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 tra~c 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 bythe California Environmental Quality Act (CEQA) performed as part of the General Plan Update approved by the City Council on May 25, 2004. 5. 7hat 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. 6. 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\PC2006-112 ~ ~ ' CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Thatthe Anaheim Planning _ Commission has reviewed the proposal; and does hereby approve the Negative Declaration upon finding that the' declaration'reflects the independent judgment of theiead 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 Planning Commission'does hereby grant subjectPetition 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 health and safety 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 installedand maintained as shown on submitted plans.' 2. That final landscape and fencing plans in compliance with Zoning Gode requirements for the subject property shall be submitted to the Planning Department for review and approval. Said plans shall show minimum 24-inch boX size trees or a minimum brown trunk height of 8 to 10 feet, shrubs, - groundcover, and clinging vines to be planted in layers on all walls visible from the, public right-of-way ` and within landscaped setbacks. The landscape material selected shall be appropriate to the width of the planter area. Any decision made by the Planning Department regarding said plan may be ' ' appealed to the Planning Commission as a Reports and Recommendations item. All trees shall be properly and professionally maintained by the property owner to ensure mature, healthy growth. Such information shall be specifically shown on the plans submitted for building permits. '. 3. That all air-conditioning facilities and other ground-mounted eguipment 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 aq 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 orderly fashion_by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) ; hours from time of discovery. 6. That this Conditional Use Permit is granted subject to the approval of Reclassification No: 2006- ` 00187, and approval and recordation of Tentative Tract Map No. 17081, 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 street lights shall be installed along Lincoln Avenue and a bond posted to guarantee that the lights are installed as approved by the Electrical Engineering Division. The street lights shall be installed prior to final building and zoning inspections. Said information shalf be specifically shown on plans submitted for building permits. 9. 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. ~ ~ 10. That any reguired relocation of City electrical facilities shall be atthe developer's expense: That landscape and/or hardscape screening of all pad-mounted equipment shal} be required and shall be shown on plans submitted for building permits. 11: That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses: 12. 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. That if gates are proposed, such installation shall conform to Engineering Standard Plan No. 475 and shall be subject to the review and , approyal of the City Traffic and Transportation;Manager. Said information shall be specifically shown on plans submitted for building permits. 13: Thaf plans shall be submitted to the City Traffic and-l'ransportation Manager:for review and approval of wall and fenceJocations to determine conformance with Engineering Standard No. 116. 14. That the owner shall be responsible for the relocation/removal of any traffic signal equipment or any other related equipment in the event that street widening or the new driveway entry conflict with existing equipment. 15. That a written Solid Waste Management Plan shall be submitted to the Public Works Departrrient, Streets and Sanitation bivision. 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. . 16. 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. 17. That all backflow equipment shaU be located above ground outside of the street setback area in a mannerfiully screened from all public streets. Anybackflow assemblies currently installed in a vauft 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. _ 18. That since 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. _ _ 19. 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, shallbe coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 20. 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) feet from the water main to the sewer line. 21. 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 for the project. This information will be used #o determine the adequacy of the existing water system to -3- PC2006-112 ~ ~ 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 WatecUtility'Rates, Rules and Regulations. 22. That a master water meter shall be installed on Lincoln Avenue. The master meter shall be above ground on private property with an easement five-foot around the meter pad and the, backflow device shall be behind the building setback line and maintained by the property owner/homeowners association. Said information shall be specifically shown on plans submitted for builtling permits. 23. That fina( detailed elevation plans including colors and materials shall be submitted to the Planning Services Division for review and approval. Any,decision by staff regarding said plans may be ' appealed #o the Planning Commission as a"Reports and Recommendations" item: 24. That the developer shall submit a landscaping and irrigation plan to the Public Works Department, Development Services Division to improve Lincoln 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 theDevelopment Servicesbivision for all work performed in #he right-of-way.. The improvements shall be constructed prior to final building and zoning inspections. , 25. That the owner shall submit a letter to the Planning Services Division requesting termination of Conditional Use Permit No. 4140 (to permit a church within an existing office building with waiver of min. number of parking spaces and min. setback of an institutional use adjacent to a residential zone) since this permit is no longer necessary. 26. Prior to the issuance of grading permit, the applicant shall submit to the Public Works Department " Development Services Division for review and approvat a WaterQuality 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. ~• Incorporates Treatment Control BMPs as defined in the DAMP. • Describes the long-term operation and maintenance requirements for the Treatment:Control BMPs. • Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs, and • Describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. 27. That prior to issuance of certificate of occupancy, the applicant shalL• • Demonstrate that all stnactural 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. _ 28. That prior to issuance of the first building permit, excluding model homes, the final map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder (Subdivision Map Act, Section 66499.40). 29. That since the site is located within a liquefaction zone on a Seismic Hazard Map issued by the State of California Divisions of Mines and Geology (DMG), #he developer must submit a geotechnical report that -4- ' PC2006-112 ~ ~ meets #he requirements for a"Screening Investigation for Liquefaction Potential" as identified in DMG special pu6lication 117 "Guidelines for Evaluating and Mitigating Seismic Hazards in California" prior to 9 9p PP 9 9 9 q p q ucted ` the a'bsence of li ruefact oln haza ds t hen the om nrehensh esC antitative evall att on must be c nd strate to develop mitigation recommendations to effectively reduce the hazard to an acceptable level. 30. That prior to issuance of building permits, the developer shall submit improvement plans to the Public' Works Department, Development Services Division to improve Lincoln Avenue. No curb relocation is required at this time. Lincoln Avenue shall'be improved to haVe a 14' parkway adjacent to curb and 5' sidewalk. Street trees shall be installed on Lincoln Avenue in conformance with Public Works Standard Detail 11 O and the Department of Public Works Landscape and lrrigation Manual for Public Streets, Highway, Right-of-way and Easements. 31. That prior to obtaining Engineering ctearance for building permit, the following items must be : submitted and approved; '• Any revisions to the original grading plan related to the building pad. •: Two (2) copies of the interim soils report indicating pad compaction and site stability. • The original and two (2) copies of a letter of certification for the building pads from the civil ' engineer, Exhibit D. Exhibit D can 6e found on the following City of Anaheim website: www anaheim.net/depts servc/pub .works/dev svc/fq qroc.htm 32. That final site and floor plans shall be submitted to staff to ensure a minimum second floor setback of 15-feet from interior property lines is provided as required by Code: Said information shall be 'specifically shown on plans submitted for building permits. 33. 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 5, and as conditioned herein. 34. That prior to approval of a grading plan, Condition Nos. 16, 26 and 29, above-mentioned, shall be complied with: - 35. 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, 10, 12, 13, 15, 17, 18, 20, 22, 23, 24, 25, 28, 30, 31 and 32, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.170 of the Anaheim MunicipaL 36. That priorto final building and zoning inspections, Condition Nos. 8, 16, 24, 27 and 33, above-mentioned, shall be complied with. 37. 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. 38. That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equiva~ent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code , and (iii) the applicant has demonstrated significant progress toward establishment of the use or ' approved development. -5- PC2006-112 : ~ ~ BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption ofthis Resolution is expressly predicated upon applicanYs comp(iance 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 ofi any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE JT FURTHER RESOLVED that the applicant is responsible for paying all charges re~ated 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 approva( of this application. THE FOREGOING RESOLUTION was adopted at the.Planning Commission meeting of December 11, 2006. Said resolution is subject to the appeal provisions set forth in'Chapter 18.60, "Zoning Provisions- GeneraP' of the Anaheim Municipal Code pertaining to appeal proce and may be replaced by a City Council Resolution in the event of an appeaL ,-,' ~~`'CHAIRMAN, A EIMPLANNING COMMIS N ° ATTEST: // 7~/~~~~~,~~~ r ~-~~ ~ ~ #",;-^_"' ~~~ ~ `r't " " ~ SENIORSECRETARY; ANAHEIMPLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. _ CITY OF ANAHEIM ) l, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on : December 11, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ,~. IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of c. ~r , 2007. ~~ ~~ ~~~ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION` -6- PC2006-112 "