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RES-2010-186 RESOLUTION NO. 2010 -186 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 2010 -04820 AND AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 767 AND AMENDING CONDITIONS OF APPROVAL OF RESOLUTION NO.1807- SERIES 1965 -66. (TRACKING NO. CONDITIONAL USE PERMIT NO. 767A) (DEV2010- 00067) WHEREAS, on October 18, 1965, the Anaheim City Planning Commission (hereinafter referred to as "Planning Commission "), by its Resolution No. 1807- SERIES 1965- 66 did approve Conditional Use Permit 767 to establish a 136 space trailer park on that certain real property located at 211 South Beach Boulevard in the City of Anaheim, County of Orange, State of California, as more particularly shown in Exhibit "A" attached to Resolution No. 1807 - SERIES 1965 -66 and incorporated therein (the "existing mobile home park "); and WHEREAS, the Planning Commission did receive a verified Petition for an amendment to Conditional Use Permit No. 767 to permit the construction of 14 manufactured homes on a one (1) acre parcel that is adjacent to and proposed to be operated in conjunction with the existing mobile home park for that certain real property located at 147 South Beach Boulevard 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 a variance to allow a smaller front yard setback than permitted by code: SECTION NO. 18.14.100.010 Minimum front landscaped setback. (25 feet front yard landscaped setback required; 20 feet proposed) WHEREAS, the subject property is currently developed with two single - family residences, a garage and accessory structures and is located in the T (Transition) Zone. The Anaheim General Plan designates this property for Low - Medium Density Residential land uses; and WHEREAS, the amendment to Conditional Use Permit No. 767 is proposed in conjunction with Variance No. 2010- 04820; Zoning Code Amendment No. 2010 - 00091; and Reclassification No. 2010 - 00239; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 2, 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 -1- 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, did adopt its Resolution No. PC2010 -065 granting the amendment to the conditional use permit and requested variance; and WHEREAS, within the time prescribed by law, an interested party or parties did appeal said Planning Commission decision to the Anaheim City Council; and WHEREAS, thereafter, the City Council did set the matter for a de novo hearing, which public hearing was duly noticed in the manner provided by law; and WHEREAS, at the time and place fixed for said public hearing, the City Council did hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard, and did receive evidence and reports, and did consider the same; and WHEREAS, after careful consideration of the recommendations of the City Planning Commission and all additional evidence and reports offered at said public hearing before the City Council, the City Council does hereby find and determine, with respect to the request for an amendment to said conditional use permit, that all of the conditions and criteria set forth in the Anaheim Municipal Code are present as follows: 1. The proposal to construct 14 manufactured homes with a smaller front setback than allowed by code is properly one for which a conditional use permit is authorized under Code Section 18.14.030.040 and 18.26.040. 2. The construction of 14 manufactured homes 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 subject one -acre parcel is currently surrounded on three sides by an existing mobile home park and the proposed 20 foot setback aligns with the adjacent properties. 3. 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 as the addition of 14 manufactured homes is consistent with the adjacent mobile home park neighborhood characteristics and surrounding land uses. 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 the traffic generated by this use will not exceed the volume of traffic planned for the streets and highways in the area. 5. The granting of the amendment to the conditional use permit to allow 14 manufactured homes will not be detrimental to the health and safety of the citizens of the City of Anaheim because the use is compatible to the existing and adjacent mobile home park and will have the identical residential characteristics. WHEREAS, the City Council does further find and determine that the request for a variance of the front landscape setback should be approved for the following reasons: -2- 1. The variance pertaining to the minimum landscaped setback requirements 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 this property is surrounded on three sides by a mobile home park with an existing setback of 20 feet, therefore an increased setback for this property would be uncharacteristic for this area and deter from the streetscape aesthetics. 2. The approval of the requested variance would create a consistent setback with adjacent properties that have the identical zoning classification. There are also special circumstances with respect to the property's size and depth in relation to other "T" zoned properties in the immediate vicinity which are generally much larger than the property in question. WHEREAS, the City Council 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. NOW, THEREFORE, BE IT RESOLVED that the City Council, for the reasons hereinabove specified, does hereby grant the amendment to Conditional Use Permit No. 767 to permit the construction of 14 manufactured homes on a one (1) acre parcel that is adjacent to and proposed to be operated in conjunction with the existing mobile home park and Variance No. 2010- 04820 to allow a smaller front yard setback than permitted by code. BE IT FURTHER RESOLVED that the City Council does hereby amend and restate the conditions of approval adopted in connection with Resolution No. 1807- Series 1965- 66, approving Conditional Use Permit No. 767, to read 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, except as expressly amended herein, Resolution No. No. 1807- Series 1965 -66 shall remain if full force and effect. BE IT FURTHER RESOLVED that the amendment to Conditional Use Permit No. 767 is hereby approved subject to the approval of Zoning Code Amendment No 2010 -00091 and Reclassification No. 2010- 00239, now pending. - 3 - 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 City Council 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 conditions, 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 Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT 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 is approved and adopted by the City Council of the City of Anaheim this 26thday of October , 2010, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE CITY OF ANAHEIM By: MAYOR OF TH CI OF ANAHEIM .. ATTEST: CITY CLERK OF TH C Y 0 ANAHEIM 79700.v 1 /MGordon -4- EXHIBIT "A" DEV2010 -00067 I J I APN: 135- 261 -09 I W LINCOLN AVE \ G] " CO V W m N 200' (N_ f V 206' VI 0 Feet 100 Fee Sou rce: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. 10986 -5- EXHIBIT "B" CONDITIONAL USE PERMIT NO. 767A (DEV2010- 00067) SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 1 The Grading Plan and Water Quality Management Plan Public Works — shall be submitted to and approved by the City Engineer Development Services 2 The Sewer Study (i.e. OTH2O10- 00542) must be Public Works — approved by the City Engineer to determine sanitary Development sewer connection location and whether construction of Services downstream sewer improvements are required for the project or the Sewer Impact Fee (West Area) will be paid. 3 That prior to the issuance of a building permit, plans Planning Division shall be submitted showing conformance with the current version of Engineering Standard Details 436 and 470 pertaining to parking standards. Subject property shall thereupon be developed and maintained in conformance with said plans. 4 Building permits will be required for the foundation Building Division system and anchorage of the proposed manufactured homes. The foundations are to be engineered by a California licensed Civil /Structural Engineer. As an alternative to the engineered foundation system. A State approved foundation system and anchorage may be submitted. - 6 - PC2010 -065 5 That sixty (60) days prior to issuance of a demolition planning Division permit, a "Notice of Intent to Demolish" application shall be filed with the Anaheim Building Division noting the intent to demolish the single - family residential structure at 147 South Beach Boulevard (originally constructed c. 1855). Once the application is received, it will be forwarded immediately to the Historic Preservation program staff as well as appropriate organizations and interested individuals. Further, sixty days prior to issuance of a demolition permit, the property shall be posted with a prominent "Notice of Intent to Demolish" sign on the property (the City may assist with this action). The structure shall be offered to any interested parties within the 60 day period in order to develop a plan to preserve the structure either on -site or at an appropriate new location. If no alternative is identified as being acceptable to the permit applicant after the sixty day notice period expires, or such longer period as agreed to by the applicant, a demolition permit may be issued. PRIOR TO COMMENCEMENT OF BUILDING ACTIVITY 6 Prior to commencement of installation of Fire Department manufactured structures, fire hydrants shall be installed and charged as required and approved by the Fire Department. 7 An all- weather access road as approved by the Fire Fire Department Department shall be provided during construction. 8 Fire hydrants shall meet minimum Fire Department Fire Department Specifications and Requirements for spacing, distance to structure and available fire flow. 9 Emergency vehicular access shall be provided and Fire Department maintained in accordance with Fire Department Specifications and Requirements. 10 A private water system with separate water service for Public Utilities - fire protection and domestic water shall be provided. Water 11 All requests for new water services or fire lines, as Public Utilities - well as any modification, relocations, or abandonments Water of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. -7- 12 All backflow equipment shall be located above ground Public Utilities - outside of the street setback area in a manner fully Water 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. , • =�' ' e k , a ° II ' fit! 13 The property owner /developer shall:submit the Final As- Public Works — Graded Grading Plan and demonstrate that all structural Development BMPs described in the Project WQMP have been Services constructed and installed in conformance with approved plans and specifications. 14 Address numbers shall be positioned so as to be Police readily readable from the street. Numbers should be illuminated during hours of darkness. 15 All exterior doors to have adequate security hardware, Police e.g. deadbolt locks. 16 The locks shall be so constructed that both the Police deadbolt and deadlocking latch can be retracted by a single action of the inside doorknob /lever /turn piece. 17 Landscaping shall be of the type and situated in Police 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. 18 Trees should not be planted close enough to the Police structure to allow easy access to the roof, or should be kept trimmed to make climbing difficult. 19 On going during project operation, no parking areas shall Code Enforcement be fenced or otherwise enclosed for outdoor storage purposes. 20 Implementation of this conditional use permit is Planning Division contingent upon City Council adoption of an ordinance finalizing Reclassification No. 2010 - 00239, reclassifying subject property from the T Zone to the T (MHP) Zone and Zoning Code Amendment No. 2010 -00091 allowing "manufactured homes" as a permitted use within the MHP Overlay zone. -8- 21 The applicant shall defend, indemnify and hold harmless Planning the City and its agents, officials, officers, employees, city council, planning commission and their members from any claim, action or proceeding against any of the foregoing individuals or entities, the purpose of such litigation being to attack, set aside, void or annul this resolution or any approval of the application or related decisions, or the adoption of any environmental documents or the Negative Declaration prepared in conjunction with this request, which in any way relate to the approval of the proposed actions. Alternatively, at the City's election, the City may choose to defend itself from any claim, action or proceeding to attack, set aside, void or annul this resolution or any approval of the application or related decisions, or the adoption of any environmental documents or the Negative Declaration prepared in conjunction with this request with counsel of its choosing, in which case, the applicant shall reimburse the City for all of its costs, including attorney fees, arising from such claim, action or proceeding. The obligations set forth in this condition include the obligation to indemnify or reimburse the City for any attorney fees or monetary judgments that the City becomes obligated to pay as a result of any claim, action or proceeding within the scope of this condition. The City shall promptly notify the applicant of any claim, action or proceeding within the scope of this condition and the City shall cooperate in the defense of any such claim or action. -9-