Resolution-PC 2010-086RESOLUTION NO. PC2010 -086
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A NEGATIVE DECLARATION
IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION
AND APPROVING CONDITIONAL USE PERMIT NO. 2010 -05515 AND
VARIANCE NO. 2010-04815
(DEV2010- 00087)
(851- 905 SOUTH WESTERN AVENUE)
WHEREAS, the Anaheim City Planning Commission (hereinafter "Planning
Commission ") did receive a verified Petition for Conditional Use Permit No. 2010 -05515 and
Variance No. 2010 -04815 to permit the construction of 32 single - family residences with certain
lots having rear yard setback areas measuring 13 -feet, 5- inches in depth; and, to allow certain
lots to maintain driveway lengths smaller than required by code on a 3.39 -acre parcel for that
certain real property located at 851- 905 South Western Avenue in the City of Anaheim, County
of Orange, State Of California, as more particularly shown in Exhibit "A ", attached hereto and
incorporated herein by this reference (the "subject property "); and
WHEREAS, the subject property is currently developed with two single - family
residences and is located in the T (Transition) Zone proposed to be reclassified to the RS -4
(Single Family Residential) Zone in connection with this application. The Anaheim General
Plan designates this property for corridor residential land uses; and
WHEREAS, Conditional Use Permit No. 2010 -05515 and Variance No. 2010-
04815 are proposed in conjunction with Reclassification No. 2010 -00238 and Tentative Tract
Map No. 17387; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on September 27, 2010 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 the Anaheim
Municipal Code, Chapter 18.60 "Procedures ", to hear and consider evidence for and against said
proposed conditional use permit and variance and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, the Planning 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 with respect to the request for an amendment to the conditional use permit
and a variance, does find and determine the following facts:
The applicant requests Conditional Use Permit No. 2010 -05515 with a deviation
from the following code section to permit the construction of 32 single family homes with a rear
yard setback:
SECTION NO. 18.04.100.0101 & 18.04.160 Minimum rear yard setback.
(15 feet required; 13 feet5 inches
proposed).
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1. The uses within the project are compatible because all proposed uses are
residential and consistent with the existing neighborhood characteristics.
2. The proposed structures related to the project are compatible with the scale, mass,
bulk, and orientation of existing buildings in the surrounding area and further conform with the
provisions of the proposed zoning;
the site;
3. Vehicular and pedestrian access are adequate to allow safe ingress and egress into
4. The construction of 32 single - family residences having reduced rear yard setbacks
than allowed by code 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 surrounding properties are
also residential properties.
5. The impact upon the surrounding area has been mitigated to the maximum extent
practicable by providing variation in the reduced rear yard setback in order to stagger the
footprints of the structures to provide an aesthetically pleasing streetscape;
6. The project complies with the General Plan and Subdivision Map Act; and
7. The size and shape of the site for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area or to the
health and safety and 32 single - family residences are consistent with the neighborhood
characteristics and surrounding land uses.
8. The traffic generated by the proposed 32 -lot residential subdivision will not
impose an undue burden upon the streets and highways designed and improved to carry the
traffic in the area because the traffic generated by this use will not exceed the volume of traffic
planned for the streets and highways in the area.
WHEREAS, the Planning Commission does further find and determine that the
request for a variance of a reduced driveway length should be approved for the following
reasons:
SECTION NO. 18.42.030.040 Minimum driveway length.
(20 feet required; 18 feet proposed).
1. The variance pertaining to the minimum driveway length is hereby approved
because strict application of the Zoning Code would deprive the property of privileges enjoyed
by other properties under identical zoning classification in the vicinity because of the narrowness
of this property's width. In addition, approval of this variance would create a visually appealing
streetscape that provides variation in the building footprints which enhances the overall quality
of the project.
2. There are also special circumstances with respect to the property's size,
shape and depth in relation to other residentially zoned properties in the immediate vicinity
which are larger than the independent parcels proposed in conjunction with this request.
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Improvement of this property is restricted by these characteristics creating a development
hardship.
NOW, THEREFORE, BE IT RESOLVED, the Planning Commission has
reviewed the proposal and does hereby find that the Negative Declaration is adequate to serve as
the required environmental documentation in connection with this request 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.
BE IT FURTHER RESOLVED that the Planning Commission does hereby
approve a Conditional Use Permit No. 2010 -05515 and Variance No. 2010 -04815 as requested
by the applicant.
BE IT FURTHER RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2010 -05515 and Variance No. 2010-04815, subject to the
conditions of approval as stated in Exhibit "B" attached hereto and incorporated herein by this
reference, which conditions are hereby found to be a necessary prerequisite to the proposed use
of the subject 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 Anaheim Municipal 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 Anaheim
Municipal Code and (iii) the applicant has demonstrated significant progress toward
establishment of the use or approved development.
BE IT FURTHER RESOLVED that the Conditional Use Permit No. 2010 - 0551.5
and Variance No. 2010 -04815 are hereby approved subject to the approval of Reclassification
No. 2010 -00238 and Tentative Tract Map No. 17387, now pending.
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 Anaheim
Municipal Code.
BE IT FURTHER 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 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 Anaheim Municipal
Zoning Code and any other applicable City, State and Federal regulations. Approval does not
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include any action or findings as to compliance or approval of the request regarding any other
applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice. Failure to pay all charges shall result in the revocation of the
approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of September 27, 2010. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and
may be replaced by a City Council Resolution in the nt of an appeal.
4;
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
CHAIRMAN PRO - TEMPORE
ANAHEIM CITY PLANNING COMMISSION
li✓
SENIOR SE T RY, ANAHEIM CITY PLANNING COMMISSION
I, Grace Medina, 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 September 27, 2010, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, KARAKI, PERSAUD, RAMIREZ,
SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FAESSEL
IN WITNESS WHEREOF, I have hereunto set my hand this 27` day of September, 2010.
SENIOR SEC ARY, ANAHE IM CITY
NING COMMISSION
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- APNs:
079 -441 -10
- 079 -441 -11
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EXHIBIT "A"
DEV2010 -00087
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618.05'
618.05'
W BALL RD
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W TERANIMAR DR
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Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +h two to five feet.
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EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2010-05515
(DEV2010- 00087)
NO. CONDITIONS OF APPROVAL
PRIOR TO THE ISSUANCE OF A BUILDING PERMIT
1 All backflow equipment shall be 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 shall be brought up to
current standards. Said information shall be shown on plans and approved by
Water Engineering and the Cross Connection Control Inspector before
submittal for building permits.
2 All requests for new water services or fire lines, as well as any modification,
relocations, or abandonments of existing water services and fire lines, shall be
coordinated through Water Engineering Division of the Anaheim Public
Utilities Department.
3 This project has a new landscaping area exceeding 2,500 square feet, a
separate irrigation meter shall be installed in compliance with Chapter 10.19
of Anaheim municipal Code and Ordinance No. 5349 regarding water
conservation.
4 All existing water services and fire lines shall conform to current Water
Services Standards Specifications. Any water service and/or fire line that does
not meet current standards shall be upgraded if continued use is necessary or
abandoned if the existing service is no longer needed. The owner /developer
shall be responsible for the costs to upgrade or to abandon any water service or
fire line.
5 The legal property owner shall irrevocably offer to dedicate to the City of
Anaheim (Water Engineering Division) an Easement twenty (20) feet in width
for water service mains and /or an Easement for large meters and other public
water facilities.
6 Prior to apply for water meters, fire line or submitting the water improvement
plans for approval, the developer /owner shall submit to the Public Utilities
Water Engineering 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.6 of the
Water Utility Rates, Rules, and Regulations.
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REVIEW BY SIGNED
OFF BY
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Utilities -
Water
Engineering
Public
Utilities-
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Engineering
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7 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 from approved City Attorney shall be posted with the City
of Anaheim.
8 Prior to rendering water service, the developer /owner shall submit a set of
improvement plans for Public Utilities Water Engineering review and
approval in determining the conditions necessary for providing water service
to the project.
9 Prior to approval of permits for improvement plans, the property
owner /developer shall coordinate with Electrical Engineering to establish
electrical service requirements and submit electric system plans, electrical
panel drawings, site plans, elevation plans, and related technical drawings and
specifications.
10 Prior to connection of electrical service, the legal owner shall provide to the
City of Anaheim a Public Utilities easement with dimensions as shown on the
approved utility service plan.
11 Prior to connection of electrical service, the legal owner shall submit payment
to the City of Anaheim for service connection fees.
12 Street improvement plans shall be submitted for improvements along the
frontage of Western Avenue and the private street. Improvements shall conform
to the City Standards and as approved by the City Engineer and shall include
sidewalk, curb and gutter, catch basins, parkway landscaping, accessible ramps,
utility and street light relocation as required, and parkway irrigation connected to
the private on-site main. Prior to issuance of a building permit, a bond shall be
posted for the public improvements in an amount approved by the City Engineer
and a form approved by the City Attorney.
13 Prior to issuance of the first building permit and right-of-way construction
permit for the storm drain and sewer, whichever occurs first, a Save Harmless
in -lieu of Encroachment Agreement is required to be recorded on the property
for any private storm drains connecting to a City storm drain.
14 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 Department of
Public Works and the Orange County Surveyor for technical review and that all
applicable conditions of approval have been complied with and then shall be
filed in the Office of the Orange County Recorder.
15 Prior to the issuance of a building permit, plans shall be submitted showing
stop control for the private street. A stop sign shall be installed and STOP
legend shall be painted in the eastbound direction at Western Avenue prior to
final building and zoning inspection. Subject property shall thereupon be
developed and maintained in conformance with said plans.
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Public
Utilities-
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16 Prior to the issuance of a grading permit, the applicant shall submit to the
Public Works Department, Development Services Division for review and
approval a Water Quality Management Plan that:
• Addresses Site Design Best Management Practices (BMPs) such as
minimizing impervious areas, maximizing permeability, minimizing
directly connected impervious areas, creating reduced or "zero
discharge" areas, and conserving natural areas.
• Incorporates the applicable Routine Source Control BMPs as
defined in the Drainage Area Management Plan.
• Incorporates Treatment Control BMPs as defined in 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.
17 Prior to issuance of the grading permit, the OWNER shall demonstrate that
coverage has been obtained 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 Water Discharge
Identification (WDID) Number. The OWNER shall prepare and implement a
Stormwater Pollution Prevention Plan (SWPPP). A copy of the current
SWPPP shall be kept at the project site and be available for City review on
request.
18 Prior to issuance of the grading permit, the OWNER shall submit a Drainage
Study prepared by a registered professional Civil Engineer in the State of
California, The study shall be based upon and reference the latest edition of
the Orange County Hydrology Manual and the applicable City of Anaheim
Master Plan of Drainage for the project area. All drainage sub -area
boundaries per the Master Plan for Drainage shall be maintained, including
applicable off -site areas. The study shall include an analysis of 10, 25, and
100 -year storm frequencies, an analysis of all drainage impacts to the existing
storm drain system based upon the ultimate project build -out condition, and
address whether off-site and/or on -site drainage improvements (such as
detention /retention basins or surface run -off reduction) will be required to
prevent downstream and upstream properties from becoming flooded.
19 Within ninety (90) days of the date of this resolution, or prior to the issuance
of the first building permit, whichever occurs first, a conformed copy or a
copy of recorded agreement to reserve drainage easements shall be submitted
for the following: 5 -foot wide private drainage easements for the proposed
private storm drains located within the lots that accept off -site drainage across
the north Tract boundary.
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PRIOR TO THE FINAL BUILDING INSPECTIONS
20 The required public improvements shall be installed prior to final zoning and
building inspection.
21 The property owner /developer shall:submit the Final As- Graded Grading Plan
and demonstrate that all structural BMPs described in the Project WQMP have
been constructed and installed in conformance with approved plans and
specifications.
22 That prior to final building and zoning inspection, 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
Projects WQMP are available onsite. Submit for review and
approval by the City an Operation and Maintenance Plan for all
structural BMPs.
23 That prior to final building and zoning inspection, fire lanes shall be posted
with "No Parking Any Time." Said information shall be specifically shown on
plans submitted for building permits.
Until such time that a two -way left turn lane is installed on Western Avenue
adjacent to the project, movement to and from the private street shall be
restricted to right turn in- right turn out. Prior to final inspection, appropriate
signage shall be installed on Western Avenue and the private street consistent
with the current version of the California Manual of Uniform Traffic Control
Devices.
GENERAL
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25 Implernentation of this conditional use permit is contingent upon City Council
adoption of an ordinance finalizing Reclassification No. 2010- 00239,
reclassifying subject property from the T (Transition) to the RS -4 (Single- Family
Residential Zone.
26 On going during project operation, no parking areas shall be fenced or otherwise
enclosed for outdoor storage purposes.
27 Prior to commencement of structural framing, fire hydrants shall be installed
and charged as required and approved by the Fire Department.
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28 An all- weather access road as approved by the Fire Department shall be
provided during construction.
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Fire hydrants shall meet minimum Fire Department Specifications and
Requirements for spacing, distance to structure and available fire flow.
Emergency vehicular access shall be provided and maintained in accordance
with Fire Department Specifications and Requirements.
The Conditions, Covenants and Restrictions (CC &R's) shall restrict parking of
recreational vehicles, including but not limited to boats, travel trailers and
motor homes on the private street and within the front setback areas of the
residential tract.
32 The subject property shall be developed substantially in accordance with plans
and specifications submitted to the City of Anaheim by the petitioner and
which plans are on file with the Planning Department marked Exhibit No. 1
(Tentative Tract Map and Site Plan) Exhibit No. 2 (Elevation Plans) Exhibit
No. 3 (Floor Plans) Exhibit No. 4 (Landscape Parkway Plan) Exhibit No. 5
(Conceptual Landscape Plan) as conditioned herein.
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