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RES-2010-198 RESOLUTION NO. 2010- 198 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2010-05515 AND VARIANCE NO. 2010- 04815. (DEV2010- 00087) WHEREAS, the Anaheim City Planning Commission (hereinafter "Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2010 -05515 to permit the construction of 32 single - family residences with a reduced rear yard setback area of 13 feet, 5 inches for 13 of the 32 units 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 Variance No. 2010 -04815 to allow reduced driveway lengths for 18 of the 32 lots: Section No. 18.42.030.040 Minimum driveway length: (20 feet required; 18 feet proposed) WHEREAS, the subject property is currently developed with two single- family residences and is located in the T (Transition) Zone. 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 (i) Reclassification No. 2010 -00238 to reclassify the property from the T (Transition) Zone to the RS -4 (Single - Family Residential) Zone, and (ii) Tentative Tract Map No. 17387 to establish a 32 -lot subdivision to permit the construction of 32- single- family residences, including three lettered lots for non - residential purposes; 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 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, did adopt its Resolution No. PC2010 -086 granting Conditional Use Permit No. 2010 -05515 and Variance No. 2010- 04815; 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 -1- 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 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 said conditional use permit that all of the conditions and criteria set forth in the Anaheim Municipal Code are present as follows: 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 to the provisions of the proposed zoning. 3. Under the conditions imposed, vehicular and pedestrian access is adequate to allow safe ingress and egress to and from the site. 4. The reduced rear yard setbacks for 13 of the 32 lots will not adversely affect the adjoining residential land uses or the general growth and development of the area in which the residential development is proposed to be located. 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. 7. 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 the particular area or to the health and safety. 8. Under the conditions imposed, the traffic generated by the proposed 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 City Council does further find and determine that the requested variance to allow reduced driveway lengths for 18 of the 32 lots should be approved for the following reasons: 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 -2- 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. Improvement of this property is restricted by these characteristics creating a development hardship. 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 Conditional Use Permit No. 2010 -05515 to permit the construction of 32 single - family residences with a reduced rear yard setback area of 13 feet, 5 inches for 13 of the 32 units and Variance No. 2010- 04815 to allow reduced driveway lengths for 18 of the 32 lots. BE IT FURTHER RESOLVED that the City Council does hereby grant 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 Conditional Use Permit No. 2010 -05515 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. - 3 - 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 9th day of November , 2010, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway NOES: Council Member Kring ABSENT: NONE ABSTAIN: NONE CITY OF AN EIM By: MA OR OF THE CIT F ANAHEIM ATTEST: CITY CLERK OF THE CITY OF AN EIM 79963.v1 /MGordon -4- EXHIBIT "A" DEV2010 -00087 APNs: L. I 079- 441 -10 079- 441 -11 �- 0 111111 g 111 o 0 0 W cc 111 g IN W TERANIMAR DR W 618.05'. Q Z W b In —1 0 C F N = 618.05' v I— w W ■ W DEERWOOD D 1 W BALL RD t I J. I I I r C SO ico Source: Recorded Tract Maps and /or City GIS. Up v Please note the accuracy is +1- two to five feet. Feer 11011 -5- EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2010-05515 (DEV2010- 00087) REVIEW BY SIGNED NO. CONDITIONS OF APPROVAL OFF BY PRIOR TO THE ISSUANCE OFA BUILDING PERMIT 1 All backflow equipment shall be located above ground outside of the street Public setback area in a manner fully screened from all public streets and alleys. Any Utilities - backflow assemblies currently installed in a vault shall be brought up to Water current standards. Said information shall be shown on plans and approved by Engineering 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, Public relocations, or abandonments of existing water services and fire lines, shall be Utilities - coordinated through Water Engineering Division of the Anaheim Public Water Utilities Department. Engineering 3 This project has a new landscaping area exceeding 2,500 square feet, a Public separate irrigation meter shall be installed in compliance with Chapter 10.19 Utilities - of Anaheim municipal Code and Ordinance No. 5349 regarding water Water conservation. Engineering 4 All existing water services and fire lines shall conform to current Water Public Services Standards Specifications. Any water service and /or fire line that does Utilities - not meet current standards shall be upgraded if continued use is necessary or Water abandoned if the existing service is no longer needed. The owner /developer Engineering 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 Public Anaheim (Water Engineering Division) an Easement twenty (20) feet in width Utilities - for water service mains and /or an Easement for large meters and other public Water water facilities. Engineering 6 Prior to apply for water meters, fire line or submitting the water improvement Public plans for approval, the developer /owner shall submit to the Public Utilities Utilities - Water Engineering an estimate of the maximum fire flow rate and maximum Water day and peak hour water demands for the project. This information will be Engineering 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- 7 Water improvement plans shall be submitted to the Water Engineering Public Division for approval and a performance bond in the amount approved by the Utilities - City Engineer and from approved City Attorney shall be posted with the City Water of Anaheim. Engineering 8 Prior to rendering water service, the developer /owner shall submit a set of Public improvement plans for Public Utilities Water Engineering review and Utilities - approval in determining the conditions necessary for providing water service Water to the project. Engineering 9 Prior to approval of permits for improvement plans, the property Public owner /developer shall coordinate with Electrical Engineering to establish Utilities - electrical service requirements and submit electric system plans, electrical Electrical panel drawings, site plans, elevation plans, and related technical drawings and Engineering specifications. 10 Prior to connection of electrical service, the legal owner shall provide to the Public City of Anaheim a Public Utilities easement with dimensions as shown on the Utilities, approved utility service plan. Electrical Engineering 11 Prior to connection of electrical service, the legal owner shall submit payment Public to the City of Anaheim for service connection fees. Utilities, Electrical Engineering 12 Street improvement plans shall be submitted for improvements along the Public Works 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 Development sidewalk, curb and gutter, catch basins, parkway landscaping, accessible ramps, Services 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 Public Works 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 Development for any private storm drains connecting to a City storm drain. Services 14 Prior to issuance of the first building permit, excluding model homes, the final Public Works 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 Development applicable conditions of approval have been complied with and then shall be Services filed in the Office of the Orange County Recorder. 15 Prior to the issuance of a building permit, plans shall be submitted showing Public Works stop control for the private street. A stop sign shall be installed and STOP — Traffic and legend shall be painted in the eastbound direction at Western Avenue prior to Transportation final building and zoning inspection. Subject property shall thereupon be Services developed and maintained in conformance with said plans. -7- 16 Prior to the issuance of a building permit, foundation system plans shall be Public Works submitted the Building Division demonstrating compliance with the — requirements of State of California Special Publication 117A (Guidelines for Development Evaluating and Mitigating Seismic Hazards). Specifically, the design of the Services proposed 32 detached single - family dwellings will include a foundation system to account for the potential effects of soil liquefaction. 17 Prior to the issuance of a grading permit, the applicant shall submit to the Public Works Public Works Department, Development Services Division for review and — approval a Water Quality Management Plan that: Development • Addresses Site Design Best Management Practices (BMPs) such as Services 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. 18 Prior to issuance of the grading permit, the OWNER shall demonstrate that Public Works coverage has been obtained under California's General Permit for Stormwater — Discharges Associated with Construction Activity by providing a copy of the Development Notice of Intent (NOI) submitted to the State Water Resources Control Board Services 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. 19 Prior to issuance of the grading permit, the OWNER shall submit a Drainage Public Works 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 Development the Orange County Hydrology Manual and the applicable City of Anaheim Services 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. - 20 Within ninety (90) days of the date of this resolution, or prior to the issuance Public Works of the first building permit, whichever occurs first, a conformed copy or a — copy of recorded agreement to reserve drainage easements shall be submitted Development for the following: 5 -foot wide private drainage easements for the proposed Services private storm drains located within the lots that accept off -site drainage across the north Tract boundary. PRIOR TO THE FINAL BUILDING INSPECTIONS 21 The required public improvements shall be installed prior to final zoning and Public Works building inspection. — Development Services 22 The property owner /developer shall:submit the Final As- Graded Grading Plan Public Works and demonstrate that all structural BMPs described in the Project WQMP have — been constructed and installed in conformance with approved plans and Development specifications. Services 23 That prior to final building and zoning inspection, the applicant shall: Public Works • Demonstrate that all structural BMPs described in the Project Development WQMP have been constructed and installed in conformance with Services 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. 24 That prior to final building and zoning inspection, fire lanes shall be posted Public Works with "No Parking Any Time." Said information shall be specifically shown on — plans submitted for building permits. Development Services 25 Until such time that a two -way left turn lane is installed on Western Avenue Public Works adjacent to the project, movement to and from the private street shall be — Traffic and restricted to right turn in- right turn out. Prior to final inspection, appropriate Transportation signage shall be installed on Western Avenue and the private street consistent Services with the current version of the California Manual of Uniform Traffic Control Devices. GENERAL 26 Implementation of this conditional use permit is contingent upon City Council Planning adoption of an ordinance finalizing Reclassification No. 2010- 00239, Division reclassifying subject property from the T (Transition) to the RS -4 (Single - Family Residential Zone. 27 On -going during project operation, no parking areas shall be fenced or otherwise Code enclosed for outdoor storage purposes. Enforcement -9- 28 On -going during project construction, the project shall comply with SCAQMD Rule 403 regarding the control of fugitive dust emissions and existing City of planning Anaheim dust suppression practices that minimize dust and other emissions Department, through frequent watering of the site, street sweeping, suspending grading and Building excavation activities in high winds (25 mph or more), and a traffic control plan Division to minimize traffic flow interference from construction activities, etc., that will be incorporated into the construction plans. 29 Prior to commencement of structural framing, fire hydrants shall be installed Fire and charged as required and approved by the Fire Department. Department 30 An all- weather access road as approved by the Fire Department shall be Fire provided during construction. Department 31 Fire hydrants shall meet minimum Fire Department Specifications and Fire Requirements for spacing, distance to structure and available fire flow. Department 32 Emergency vehicular access shall be provided and maintained in accordance Fire with Fire Department Specifications and Requirements. Department 33 The Conditions, Covenants and Restrictions (CC &R's) shall restrict parking of Planning recreational vehicles, including but not limited to boats, travel trailers and Division motor homes on the private street and within the front setback areas of the residential tract. 34 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 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. - 10 -