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Resolution-PC 2010-114RESOLUTION NO. PC2010 -114 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT CLASS 15 AND CLASS 32 CATEGORICAL EXEMPTIONS ARE THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2010 -05523 (DEV2010- 00134) (2248 SOUTH LOARA STREET) WHEREAS, the Anaheim City Planning Commission (hereinafter "Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2010 -05523 to establish a 1 -lot, 5 -unit residential condominium subdivision and permit the construction of five single - family residences with modified rear yard and side yard setbacks; and, on a .53 -acre parcel for that certain real property located at 2248 South Loara Street 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, this property is currently vacant and is located in the Multiple Family (RM -2) Residential Zone. The Anaheim General Plan designates this property for Low - Medium Density Residential land uses; and WHEREAS, Conditional Use Permit No. 2010 -05523 are proposed in conjunction with Reclassification No. 2010 -00240 and Tentative Tract Map No. 17393; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 25, 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 clue 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 -05523 with modification from the following code sections to permit the construction of five single family homes with reduced side and rear yard setbacks: SECTION NO. 18.04.100.0101 & 18.04.160 Minimum side and rear yard setbacks. (10 feet required; 7 feet, 6 inches proposed). AND Minimum rear yard setback. (10 feet required; 5 feet proposed). 1 - PC2010 -114 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; 3. Vehicular and pedestrian access are adequate to allow safe ingress and egress into the site; 4. The construction of five single- family residences having reduced side and rear yard setbacks 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 project complies with the General Plan and Subdivision Map Act; and 6. 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 five single - family residences are consistent with the neighborhood characteristics and surrounding land uses. 7. The traffic generated by the proposed 1 -lot residential subdivision with five detached, single family residences 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. 8. 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. THEREFORE, BE IT RESOLVED, the proposed project falls within the definition of Categorical Exemptions, a Class 15 (Minor Land Divisions) and Class 32 (In -Fill Development Projects) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve a Conditional Use Permit No. 2010 -05523 as requested by the applicant. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2010- 05523, 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. -2- PC2010 -114 BE IT FURTHER RESOLVED that the Conditional Use Permit No. 2010 -05523 are hereby approved subject to the approval of Reclassification No. 2010 -00240 and Tentative Tract Map No. 17393, 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 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 October 25, 2010. Said resolution is subject to the appeal provisions sit forth in Chapter 18.60 "Procedures" of the Anaheim Munici.. o aining to app(al procedures and may be replaced by a City Council Resolution in the event . :n .ppeal ATTEST: CHA SECRETARY, ANAHEIM CITY PLANNING COMMISSION CITY PLANNING COMMISSION 3 PC2010 -114 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 October 25, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, FAESSEL, KARAKI, PERSAUD, SEYMOUR' NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AMENT, RAMIREZ IN WITNESS WHEREOF, I have hereunto set my hand this 25 day of October, 2010. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 PC2010 -114 APN: 090- 612 -01 I rrr—•— • • — 11 7 Erl o � zoo l�.� ,a Fe e! EXHIBIT "A" DEV2010- 00134 300.63' 300.63' — C W ORD WAY Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. 11033 - 5 - PC2010 -114 EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2010-05523 (DEV2010- 00134) NO. CONDITIONS OF APPROVAL PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 1 A private water system with separate water service for fire protection and domestic water shall be provided. 2 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 3 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. 4 The common landscaping area shall have a separate irrigation meter installed. 5 Prior to applying 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. 6 The existing fire hydrant nearest the property shall be upgraded by the applicant to current standards. 7 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. REVIEW BY SIGNED OFF BY Public Utilities - Water Engineering Public Utilities - Water Engineering Public Utilities- Water Engineering Public Utilities- Water Engineering Public Utilities - Water Engineering Public Utilities - Water Engineering Public Utilities - Electrical Engineering 6 PC2010 -114 8 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. 9 Prior to connection of electrical service, the legal owner shall submit payment . to the City of Anaheim for service connection fees. 10 A 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. 11 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. l 2 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. 13 The single bin trash enclosure shall be shown, on the building plans, in conformance to Public Works Standards. PRIOR TO THE FINAL BUILDING INSPECTIONS 14 The required public improvements shall be installed prior to final zoning and building inspection. 7 Public Utilities, Electrical Engineering Public Utilities, Electrical Engineering Public Works Development Services Public Works Development Services Public Works Development Services Public Works Operations Public Works Development Services PC2010 -114 15 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. 16 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. 17 Trash services shall be established and billed to the homeowner association 18 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. GENERAL 19 Implementation of this conditional use permit is contingent upon City Council adoption of an ordinance finalizing Reclassification No. 2010 - 00240, reclassifying subject property from the RM -2 (Multiple - Family Residential Zone) to the RS -4 (Single - Family Residential Zone). 20 On going during project operation, no parking areas shall be fenced or otherwise enclosed for outdoor storage purposes. 21 Prior to commencement of structural framing, fire hydrants shall be installed and charged as required and approved by the Fire Department. 22 An all- weather access road as approved by the Fire Department shall be provided during construction. 23 Fire hydrants shall meet minimum Fire Department Specifications and Requirements for spacing, distance to structure and available fire flow. 24 Emergency vehicular access shall be provided and maintained in accordance with Fire Department Specifications and Requirements. 8 Public Works Development Services Public Works Development Services Public Works Operations Planning Division — Planning Division Code Enforcement Fire Department Fire Department Fire Department Fire Department PC2010 -114 25 The subject property shall be developed substantially in accordance with plans Planning and specifications submitted to the City of Anaheim by the petitioner and Division which plans are on file with the Planning Department marked Exhibit No. 1 (Tentative Tract Map/Site Plan) Exhibit No. 2 (Floor Plans) Exhibit No. 3 (Elevation Plans) as conditioned herein. 9 PC2010 -11 4