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Resolution-PC 2022-068 - 1 - PC2022-068 RESOLUTION NO. PC2022-068 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2021-06121 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2021-00188) (1442 NORTH DALE AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for Conditional Use Permit No. 2021-06121 to permit the construction of an 18-unit attached, single-family residential project with modified development standards, i.e., a reduction in the interior landscape setback and building-to-building setback requirements of the "RM-3" Multiple-Family Residential Zone, for that certain real property generally located 225 feet east of the northern terminus of Dale Avenue and commonly referred to as 1442 North Dale 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. 2021-06121 is proposed in conjunction with and a tentative tract map to permit a 1-lot, 18 unit attached single-family residential subdivision of the Property for condominium purposes, which is designated as "Tentative Tract Map No. 19177", and Development Permit No. 2021-00188 for a five percent Density Bonus and a Tier One development incentive for interior setbacks. Conditional Use Permit No. 2021-06121, Tentative Tract Map No. 19177, and Development Permit No. 2021-00188 shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Property is approximately 0.93 acres in size and is currently developed with a single-family home, detached garage, and two accessory structures. 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 “T” Transition 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. 2021-06121 will permit the reduction in building-to- building setbacks and interior landscape setback; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 6, 2022, 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 - 2 - PC2022-068 hear and consider evidence and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith. The Planning Commission continued the public hearing to July 6, 2022, at 5:00 p.m.; 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 (California Code of Regulations, Title 14, Chapter 3, Sections 15000-15387) (herein referred to as the "CEQA Guidelines"), and the City's CEQA Procedures, 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 .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. 2021-06121: 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. The proposed buildings are single-family attached, two-story residential project at a density and scale that is compatible with the surrounding single-family-attached, two-story residential uses in the vicinity. 3. Vehicular and pedestrian access are adequate because the project entry has been designed in accordance with City standards and new stop signs will be installed adjacent at the project entry. 4. The Project is consistent with any adopted design guidelines applicable to the Property because the project has been designed to include quality architecture, sound attenuation, common recreational areas, and sufficient building setback buffers from the existing Parkdale townhome community. 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 because the project has been designed to include Code compliant parking and recreational areas, sufficient building setbacks from the surrounding townhome community, and new pedestrian paths within the neighborhood. - 3 - PC2022-068 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 because the Project and infrastructure has been designed to sufficiently accommodate traffic generated by the project. 7. The Project will comply with the General Plan and zoning for the property because the project will provide for the development of a quality single-family attached living environment with design amenities, such as private open space or common recreation areas. The permitted density range under the Low-Medium density residential designation is from zero to 18 dwelling units per gross acre. The proposed project will have a density of 19.4 dwelling units per acre. 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; and 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 detract from 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. NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and determinations, the Planning Commission does hereby recommend that the City Council of the City of Anaheim approve and adopt Conditional Use Permit No. 2021-06121, contingent upon and subject to: (1) the adoption by the Planning Commission of a resolution approving Tentative Tract Map No. 19177, which entitlements are now pending; and (2) 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 - 6 - PC2022-068 - 7 - PC2022-068 EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2021-06121 (DEV2021-00188) 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 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 ensure all required plans and studies shall be prepared by a Registered Professional Engineer. Public Works, Development Services 4 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 5 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 6 The owner/developer shall Submit 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 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 Public Works, Development Services - 8 - PC2022-068 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT (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. 7 The owner/developer shall submit a Preliminary Geotechnical Report to the Public Works Development Services Division for review and approval. The report shall address any proposed infiltration features of the WQMP. Public Works, Development Services 8 The owner/developer shall submit a copy of the approved permit and/or other form of approval of the project from the following agency: Caltrans Public Works, Development Services 9 At the time of grading plan submittal, a Fire Master Plan (Fire access plan) shall be submitted by the owner/developer to Anaheim Fire & Rescue for review. Anaheim Fire & Rescue 10 The owner/developer shall ensure the following: During construction, construction contractors shall comply with South Coast Air Quality Management District’s (South Coast AQMD’s) Rules 402 and 403 to minimize construction emissions of dust particulates. South Coast AQMD Rule 402 requires that air pollutant emissions of dust and particulates. South Coast AQMD Rule 402 requires that air pollutant emissions not be a nuisance off site. Rule 402 prohibits the discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health, or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property. SCAQMD Rule 403 requires that fugitive dust be controlled with Best Available Control Measures so that the presence of such dust does not remain visible beyond the property line of the emission source. This rule is intended to reduce PM10 emissions from any transportation, handling, construction, or storage activity that has the potential to generate fugitive dust. This requirement shall be included as notes on the contractor specifications. Table 1 of Rule 403 lists the Best Available Control Measures that are applicable to all construction projects. The measures include, but are not limited to, the following: a. Portions of a construction site to remain inactive longer than a period of three months will be seeded and watered until grass cover is grown or otherwise stabilized. b. All on-site roads will be paved as soon as feasible or watered periodically or chemically stabilized. c. All material transported off site will be either sufficiently watered or securely covered to prevent excessive amounts of dust. d. The area disturbed by clearing, grading, earthmoving, or excavation operations will be minimized at all times. Planning and Building Department, Planning Services Division - 9 - PC2022-068 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT Where vehicles leave a construction site and enter adjacent public streets, the streets will be swept daily or washed down at the end of the workday to remove soil tracked onto the paved surface. PRIOR TO ISSUANCE OF A BUILDING PERMIT 11 Prior to the issuance of a building permit, plans shall be submitted by the owner/developer showing four-way stop control at the project access/Peppertree Drive intersection. Stop signs shall be installed and stop legends shall be painted prior to final building and zoning inspection. Subject property shall thereupon be developed and maintained in conformance with said plans. Public Works, Traffic Engineering 12 The owner/developer shall record Tract Map No. 19177 pursuant to the Subdivision Map Act and in accordance with City Code. Provide a duplicate photo Mylar of the recorded map to the City Engineer's office. Public Works, Development Services 13 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 14 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 15 The owner developer shall ensure that all Landscape plans comply with the City of Anaheim adopted Landscape Water Efficiency Guidelines. This ordinance is in compliance with the State of California Model Water Efficient Landscape Ordinance (AB 1881). Public Works, Development Services 16 The owner/developer shall submit plans demonstrating the following: Access to Rescue Windows and Other Required Openings All buildings equipped with openings, as required by the Fire and Building Code shall be provided with an approved direct access route from the fire access road to accommodate fire department operations. The access route shall be a minimum of six (6) feet in width and be designed to accommodate a twenty-one (21) foot fire department ladder. A clear area of at least eight (8) feet in width shall be maintained free of permanent obstructions below all required rescue windows to allow for fire department ladder placement. This shall be covered in the Fire Master Plan. Anaheim Fire & Rescue 17 The owner/developer shall ensure that all California Building Code and California Fire Code requirements are followed for permit issuance. Any fire permits which includes fire sprinklers, fire alarm, etc shall be submitted directly to Anaheim Fire Department. Anaheim Fire & Rescue PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 18 Prior to Final Building and Zoning Inspections, the 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 Director, and City Public Works, Traffic Engineering - 10 - PC2022-068 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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 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. 19 Prior to final building and zoning inspection, fire lanes shall be posted by the owner/developer with “No Parking Any Time.” Said information shall be specifically shown on plans submitted for building permits. Public Works, Traffic Engineering 20 If fire hydrants for proposed project are private hydrants serving this site, the owner/developer shall submit CC&R’s to Anaheim Fire & rescue for review and approval covering the private fire hydrants (if applicable). Anaheim Fire & Rescue 21 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 22 All remaining fees/deposits required by Public Works department must be paid in full by the owner/developer. Public Works, Development Services 23 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 24 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 Division. Public Works, Development Services 25 The owner/developer shall ensure that each individual residence or unit is clearly marked with its appropriate number and address. These shall be positioned so they are easily viewed from vehicular and pedestrian pathways throughout the complex. Main building numbers shall be a minimum height of 12” and illuminated during the hours of darkness. Address numbers shall be positioned so as to be readily readable from the street. Numbers shall be illuminated during hours of darkness. Police Department 26 The owner/developer shall ensure: • All exterior doors to have adequate security hardware, e.g. deadbolt locks. • The locks shall be so constructed that both the deadbolt and deadlocking latch can be retracted by a single action of the inside doorknob/lever/turn piece. Police Department - 11 - PC2022-068 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT • Wide-angle peepholes or other viewing device shall be designed into all dwelling-unit front doors and all solid doors where exterior visibility is compromised. 27 The owner/developer shall ensure: • Monument signs and addresses shall be well lighted during hours of darkness. • Adequate lighting of parking lots and associated carports, circulation areas, aisles, passageways, recesses, and grounds contiguous to residences shall be provided 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. Police Department 28 Prior to final inspection of the last residential unit, the owner/developer shall be responsible for repaving the portion of the private roadway within the Parkdale HOA that was used during construction activities, such that the roadway is returned to its condition prior to construction activities. Planning and Building Department, Planning Services Division GENERAL 29 The owner/developer shall contact the Yorba Linda Water District, Engineering at (714) 701-3100 regarding all applicable Water Standards and Fees. Public Utilities, Water Engineering 30 “No Trespassing 602(k) P.C.” signs shall be posted by the owner/developer at the entrances of parking areas and located in other appropriate places. Signs must be at least 2’ x 1’ in overall size, with white background and black 2” lettering. All entrances to parking areas shall be posted with appropriate signs per 22658(a) C.V.C. to assist in removal of vehicles at the property owner’s/manager’s request. Police Department 31 The owner/developer shall ensure: • Landscaping shall be of the type and situated in locations to maximize observation while providing the desired degree of aesthetics. Security planting materials are encouraged along fence and property lines and under vulnerable windows. • Trees shall not be planted close enough to the structure to allow easy access to the roof, or should be kept trimmed to make climbing difficult. Police Department 32 Residential buildings/units shall be pre-wired by the owner/developer for the future installation of an alarm system. Police Department - 12 - PC2022-068 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 33 Prior to the issuance of a building permit, the applicant shall submit draft Covenants, Conditions and Restrictions (CC&Rs) that are prepared by an authorized professional for review and approval by the City Engineer, Planning Director, and City Attorney, which will generally provide for the following: 1. A requirement that residents shall use designated parking area, including garages, only for the parking of vehicles. 2. A provision that parking garages are subject to inspection by the Association or City of Anaheim staff. 3. 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. 4. 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 relative to common area and utility maintenance, Water Quality Management Plan, and internal parking. Planning and Building Department, Planning Services Division 34 Prior to final map approval, the Developer shall execute and record against the Property a Density Bonus Housing Agreement in a form and substance acceptable to the Planning Director and the City Attorney, and if required by the Density Bonus Housing Agreement, a declaration of covenants, conditions, and restrictions (“CC&R’s”) that sets forth the terms and conditions of approval of said Density Bonus. The Density Bonus Housing Agreement/CC&R’s shall be binding on the Developer and all future owners and successors in interest thereof. The Density Bonus Housing Agreement shall require the Density Bonus units to be offered for sale to the initial buyer of the Density Bonus units at an affordable housing cost to moderate income households and shall include the requirement for an equity sharing agreement, whereby the initial buyer of each Density Bonus unit shall enter into an agreement with the City requiring each such initial buyer to pay to the City upon the initial resale of each Density Bonus unit the City's proportional share of appreciation in accordance with paragraph .0105 (For-Sale Housing) of subsection .010 (Approval) of Section 18.52.040 (General Density Bonus) of the Code. Community and Economic Development Department 35 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 - 13 - PC2022-068 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 36 The applicant 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 37 The Applicant 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’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