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Resolution-PC 2022-050 - 1 - PC2022-050 RESOLUTION NO. PC2022-050 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2021-06117 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2021-00023) (1075-1085 NORTH HARBOR BOULEVARD AND 523 WEST VICTOR AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for Conditional Use Permit No. 2021-06117 to permit the construction of a 31-unit attached, single-family residential project with modified development standards, i.e., a reduction in building-to-building setbacks and interior structural setbacks for that certain real property generally located on the west side of Harbor Boulevard approximately 150 feet south of Romenya Drive, commonly referred to as 1075-1085 North Harbor Boulevard and 523 West Victor 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 1.75 acres in size and is currently developed with three commercial buildings. The Land Use Element of the Anaheim General Plan designates the Property for Low Medium density residential land uses. The Property is located in the “C-G” General Commercial Zone. The development standards and regulations of Chapter 18.06 (Multiple-Family Residential Zones) of the Anaheim Municipal Code (the "Code") shall apply to the Proposed Project consistent with the General Plan designation for the Property, and pursuant to the provisions of the State of California’s Housing Accountability Act codified in Section 65589.5 of the California Government Code; and WHEREAS, single-family, attached dwelling developments within the RM-3 (Multiple-Family Residential) zone are subject to the approval by the Planning Commission of a conditional use permit pursuant to Table 6-A of Section 18.06.030 (Uses). Pursuant to subsection .030 of Section 18.06.160 (Residential Planned Unit Development), the minimum setbacks set forth in Section.090 of Chapter 18.06 (Multiple-Family Residential Zones) may be modified in order to achieve a good project design, privacy, livability, and compatibility with surrounding uses. If approved, Conditional Use Permit No. 2021-06117 will permit the reduction in building-to- building setbacks and interior structural setbacks; and WHEREAS, on March 14, 2022, the Planning Commission did hold a public hearing and continued the public hearing to March 28, 2022, 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 proposed Conditional Use Permit No. 2021-06117 and to investigate and make findings 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 the Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's CEQA Procedures, - 2 - PC2022-050 the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the Project qualifies for a Class 32 – In -Fill Development Project Categorical Exemption under the California Environmental Quality Act (CEQA) (Public Resources Code, Sections 21000-21189.57) as set forth in Sections 15332 and 15300.2 of the State CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3, Sections 15000-15387); and WHEREAS, pursuant to Subsection .050 (Findings) 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. 2021-06117: 1. The proposed use is properly one for which a conditional use permit is authorized by this code because the project will implement the RM-3 zone standards pursuant to the State of California’s Housing Accountability Act codified in Section 65589.5 of the California Government Code, thereby allowing single-family attached residential uses subject to approval of a conditional use permit; 2. 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 project is a townhome development designed at a density and scale that is compatible with the surrounding multiple-family residential, single-family residential, and commercial land uses in the vicinity. 3. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety because the Project will include Code compliant parking, recreational areas, and sufficient building setbacks from the from surrounding properties. The Proposed Project will also include buildings that will be adequately setback from the surrounding structures to create massing that is compatible with surrounding neighborhoods; 4. 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 improvements to the public right-of-way and the project’s access will be constructed in accordance with City standards and are designed to carry the traffic in the area; 5. 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; and 6. The setback modifications achieve a good project design, privacy, livability, and compatibility with surrounding uses. The proposed design would include elevations that will be separated by attractive landscaped paseos, common area landscape, or drive aisles for garages, and would have adequate separation to ensure a quality living environment. Buildings 1 and 2 of the project are proposed with three-story primary walls adjacent to the south property line and setback a minimum of 15-feet; though defined as a primary wall because it would include a kitchen window on the second floor, the project design would - 3 - PC2022-050 include only bathroom windows on the third floor. Since the design would be limited to bathroom windows on the third floor and these buildings would be adjacent to a commercial use, the project will provide good design that is compatible with existing development and meets the intent of the interior setback requirement. 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 negate 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. BE IT FURTHER RESOLVED that, based upon the aforesaid findings and determinations, the Planning Commission of the City of Anaheim does approve Conditional Use Permit No. 2021-06117 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. 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. - 6 - PC2022-050 - 7 - PC2022-050 EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2021-06117, (DEV2021-00023) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF A GRADING PERMIT 1 The Owner/Developer shall prepare and submit a final grading plan showing building footprints, pad elevations, finished grades, drainage routes, retaining walls, erosion control, slope easements, and other pertinent information in accordance with Anaheim Municipal Code and the California Building Code, latest edition. Public Works, Development Services 2 The Owner/Developer shall prepare and submit a final drainage/hydrology study, including supporting hydraulic and hydrological data to the City of Anaheim for review and approval. The study shall confirm or recommend changes to the City's adopted Master Drainage Plan by identifying off-site and on-site storm water runoff impacts resulting from build-out of permitted General Plan land uses. In addition, the study shall identify the project's contribution and shall provide locations and sizes of catchments and system connection points and all downstream drainage-mitigating measures including but not limited to offsite storm drains and interim detention facilities. Public Works, Development Services 3 The Owner/Developer shall execute a Save Harmless Agreement with the City of Anaheim for any storm drain connections to a City storm drain system. The agreement shall be recorded by the applicant on the property prior to the issuance of any permits. Public Works, Development Services 4 The Owner/Developer shall ensure that all required plans and studies are prepared by a Registered Professional Engineer in State of California. Public Works, Development Services 5 The Owner/Developer shall obtain the required coverage under California’s General Permit for Stormwater Discharges associated with 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 Public Works, Development Services 6 The Owner/Developer shall prepare a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP shall be kept at the project site and be available for Public Works Development Services Division review upon request. Public Works, Development Services 7 The Owner/Developer shall submit a Water Quality Management Plan (WQMP) to the City for review and approval. The WQMP shall be consistent with the requirements of Section 7 and Exhibit 7.II of the Orange County Drainage Area Management Plan (DAMP) for New Development/ Significant Redevelopment projects, identify potential sources of pollutants Public Works, Development Services - 8 - PC2022-050 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT during the long-term on-going maintenance and use of the proposed project that could affect the quality of the stormwater runoff from the project site; define Source Control, Site Design, and Treatment Control (if applicable) best management practices (BMPs) to control or eliminate the discharge of pollutants into the surface water runoff; and provide a monitoring program to address the long-term implementation of and compliance with the defined BMPs. 8 The Owner/Developer shall submit a Geotechnical Report to the Public Works Development Services Division for review and approval. The report shall include any proposed infiltration features of the WQMP. Public Works, Development Services 9 The Owner/Developer shall submit a set of improvement plans to Public Utilities Water Engineering for review and approval in determining the conditions necessary for providing water service to the project. Public Utilities, Water Engineering PRIOR TO THE ISSUANCE OF BUILDING PERMITS 10 Prior to the issuance of a building permit, the Owner/Developer shall submit draft CC&Rs that are prepared by an authorized professional for review and approval by the City Engineer, Planning and Building Director, and City Attorney, which will generally provide for the following: a. A requirement that residents shall use designated parking areas, including the parking areas inside garages, only for the parking of vehicles. b. A provision that parking garages are subject to inspection by the management or City of Anaheim staff. c. A provision requiring that proposed amendments to the CC&Rs shall be submitted for review to the City Engineer, Planning 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 Rules and Regulations relative to common area and utility maintenance, Water Quality Management Plan, and internal parking. Planning & Building Department, Planning Services Division; Public Works, Development Services and Traffic Engineering 11 The Owner/Developer shall record Tract Map No. 19170 pursuant to the Subdivision Map Act and in accordance with City Code. Provide a duplicate phot Mylar of the recorded map to the City Engineer’s office. Public Works, Development Services 12 The Owner/Developer shall provide a certificate, from a Registered Civil Engineer, certifying that the finished grading has been completed in accordance with the City approved grading plan. Public Works, Development Services 13 The Owner/Developer shall abandon/quitclaim all existing easements in conflict with the proposed improvements on the project site. Public Works, Development Services 14 The Owner/Developer shall design full improvements per City Standards for all impacted public streets/facilities in accordance with City Code, Standards, and Specifications. Such improvements shall include, but not be Public Works, Development Services - 9 - PC2022-050 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT limited to the following: curb removal, new curb and gutter, new commercial driveway approaches, new sidewalk at the ultimate right-of- way location along Romneya Drive and Victor Avenue, and parkway landscaping with irrigation along Romneya Drive and Victor Avenue. 15 The Owner/Developer shall upsize the existing substandard 6-inch sewer main in Victor Avenue per the sewer study recommendation for this project and design and construct 10-inch sewer main improvements from the point of connection in Victor Avenue to the City Sewer line in Harbor Boulevard. Public Works, Development Services 16 A Right of Way Construction Permit shall be obtained by the Owner/Developer from the Development Services Division for all work performed in the public right-of-way. Public Works, Development Services 17 The Owner/Developer shall ensure all landscape plans comply with the City of Anaheim adopted Landscape Water Efficiency Guidelines. This ordinance complies with the State of California Model Water Efficient Landscape Ordinance (AB 1881). Public Works, Development Services 18 The Owner/Developer shall submit an interim soils report indicating pad compaction and site stability prepared by the project's Geotechnical Engineer of record. The pad compaction report needs to include a site plan showing the compaction testing locations. Public Works, Development Services 19 The Owner/Developer shall pay cash in lieu fee for the construction of the required ultimate public improvements along the project frontage of Harbor Boulevard, Romneya, Drive, and Victor Avenue per City of Anaheim Standard No. 160-A. The improvements include but are not limited to the following items: street widening, new pavement section, utilities relocation, concrete curb & gutter, sidewalk, landscaped parkway with irrigation, driveway approach, parkway culvert, street light, and other appurtenances. The cash in lieu fee shall also include the removal of all improvements within the ultimate right of way area along Harbor Boulevard (landscaping, trees, walkway, fences, etc.). Public Works, Development Services 20 A private water system with separate water service for fire protection and domestic water shall be provided by the Owner/Developer and shown on plans submitted to the Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities, Water Engineering 21 Prior to the issuance of a building permit, plans shall be submitted by the Owner/Developer showing a R3-5(R) (RIGHT-TURN-ONLY) sign and a right-turn arrow pavement legend at the project driveway on Harbor Boulevard. Subject property shall thereupon be developed and maintained in conformance with said plans. Public Works, Traffic Engineering 22 Prior to the issuance of a building permit, street improvement plans shall be submitted by the Owner/Developer showing a R6-1(R) (ONE-WAY) sign on the median directly in front of project driveway for review and approval. The sign shall be installed prior to the first building and zoning inspection. Public Works, Traffic Engineering 23 The property owner/project developer shall design and modify the existing median on Harbor Boulevard to restrict the access at the project driveway Public Works, Traffic Engineering - 10 - PC2022-050 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT on Harbor Blvd to right-turn in/out only. Prior to the issuance of the building permits, the property Owner/Developer shall submit median modification plans to the Public Works Department. All median modifications and improvements shall be completed prior to final building and zoning inspection. 24 Prior to the issuance of building permits, street improvement plans shall be submitted by the Owner/Developer to the Public Works Department – Traffic Engineering for review and approval of proposed signing and/or red curb painting. Signage and curb painting modifications shall be installed per the approved plans and shall be completed prior to the first final building and zoning inspection. Public Works, Traffic Engineering 25 That prior to issuance of building permits, a bond shall be posted by the Owner/Developer for all traffic related improvements including, but not limited to striping, signage, and median modifications as required for said project. All improvements identified as required for the project opening shall be completed prior to final building and zoning inspection. Public Works, Traffic Engineering 26 Per California Water Code, Division 1, Chapter 8, Article 5, Section 537- 537.5) as amended by Senate Bill 7, water submetering shall be furnished and installed by the Owner/Developer and a water submeter shall be installed to each individual unit. Provisions for the ongoing maintenance and operation (including meter billing) of the submeters shall be the responsibility of the Owner and included and recorded in the Master CC&Rs for the project. Public Utilities, Water Engineering 27 The Owner/Developer shall ensure all backflow equipment is located above ground outside of the street setback area in a manner fully screened from all public streets and alleys. 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. Public Utilities, Water Engineering 28 All requests for new water services, backflow equipment, or fire lines, as well as any modifications, relocations, or abandonments of existing water services, backflow equipment, and fire lines, shall be coordinated and permitted by the Owner/Developer through Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities, Water Engineering 29 The Owner/Developer shall ensure all existing water services and fire services conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded by the Owner/Developer 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. Public Utilities, Water Engineering 30 The Owner/Developer shall irrevocably offer to dedicate to the City of Anaheim (i) an easement for all large domestic above-ground water meters Public Utilities, Water Engineering - 11 - PC2022-050 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT and fire hydrants, 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. 31 The Owner/Developer shall submit to the Public Utilities Department 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 be done in accordance with Rule No. 15A.1 of the Water Utility Rates, Rules, and Regulations. Public Utilities, Water Engineering 32 Water improvement plans shall be submitted by the Owner/Developer to the Water Engineering Division for approval and a performance bond in the amount approved by the City Engineer and form approved by City Attorney shall be posted with the City of Anaheim. Public Utilities, Water Engineering 33 Individual water service and/or fire line connections will be required for each parcel or residential, commercial, industrial unit per Rule 18 of the City of Anaheim’s Water Rates, Rules and Regulations, and shall be provided by the Owner/Developer. Public Utilities, Water Engineering 34 All California Building Code (CBC) and California Fire Code (CFC) requirements shall be followed by the Owner/Developer for permit issuance. Any fire permits shall be submitted directly to Anaheim Fire Prevention Bureau. Anaheim Fire & Rescue PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS 35 All public improvements shall be constructed by the Owner/Developer, inspected, and accepted by Construction Services prior to final building and zoning inspection. Public Works, Development Services 36 All remaining fees/deposits required by Public Works department must be paid in full by the Owner/Developer. Public Works, Development Services 37 The Owner/Developer shall set all Monuments in accordance with the final map and submit all centerline ties to Public Works Department. Any monuments damaged as a result of construction shall be reset to the satisfaction of the City Engineer. Public Works, Development Services - 12 - PC2022-050 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 38 Record Drawings and As-Built Plans shall be submitted by the Owner/Developer for review and approval to the Department of Public Works, Development Services. Public Works, Development Services 39 Prior to Final Building and Zoning Inspections, the property Owner/Developer shall execute and record with the Orange County Recorder an unsubordinated declaration of Covenants Conditions and Restrictions (CC&Rs) to run with the land, satisfactory to the City Engineer, Planning and Building Director, and City Attorney, which restricts the installation of vehicle gates across the project driveways or access roads as the site design does not allow any such gates to conform to City of Anaheim Engineering Standard Detail 475 pertaining to gate set back distance, turnaround area, guest phone, separate lane for guest access, and minimum width for ingress/egress as required by the Fire Department. Should gates be desired in the future, an amendment to the CC&R’s approved by the City Engineer, Planning and Building Director and the City Attorney's office shall be recorded. Gates, if any, shall comply with the current version of City of Anaheim Engineering Standard Detail 475 and are subject to approval by the City Engineer. Public Works, Traffic Engineering 40 Owner/Developer shall install an approved backflow prevention assembly on the water service connection(s) serving the property, behind property line and building setback in accordance with Public Utilities Department Water Engineering Division requirements. Public Utilities, Water Engineering 41 A second on-site fire hydrant for this project shall be provided by the Owner/Developer and located within the project parcel. Anaheim Fire & Rescue 42 Rooftop address numbers for the police helicopter. Minimum size 4’ in height and 2’ in width. The lines of the numbers are to be a minimum of 6” thick. Numbers should be spaced 12” to 18” apart. Numbers should be painted or constructed in a contrasting color to the roofing material. Numbers should face the street to which the structure is addressed. Numbers are not to be visible from ground level. Police Department GENERAL 43 The Owner/Developer shall ensure that monument signs and addresses are well lighted during hours of darkness. Police Department 44 Adequate lighting of parking lots, circulation areas, aisles, passageways, recesses, and grounds contiguous to buildings shall be provided by the Owner/Developer with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on-site. The minimum recommended lighting level for covered portions of all parking structures is 1 foot-candle maintained, measured at the parking Police Department - 13 - PC2022-050 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT surface, with a maximum to minimum ratio no greater than 10:1. Monument signs and addresses shall be well lighted during hours of darkness. 45 Conditions of approval related to each of the timing milestones above shall be prominently displayed on plans submitted for permits. For example, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans submitted for building plan check. 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. Planning and Building Department, Planning Services Division 46 The Owner/Developer is responsible for paying all charges related to the processing of this discretionary case application within 30 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 may result in the revocation of the approval of this application. Planning and Building Department, Planning Services Division 47 The Applicant/Owner/Developer shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set 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/Owner/Developer’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. Planning and Building Department, Planning Services Division 48 All new landscaping shall be installed in conformance with Chapter 18.46 “Landscape and Screening” of the Anaheim Municipal Code and shall be maintained in perpetuity. Landscaping shall be replaced in a timely manner in the event that it is removed, damaged, diseased, and/or dead. Planning and Building Department, Planning Services Division