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Resolution-PC 2010-116RESOLUTION NO. PC201 0- 116 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 3 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION AND APPROVING VARIANCE NO. 2010 -04832 (DEV2O10- 00156) (428 SOUTH MELROSE STREET) WHEREAS, the Anaheim City Planning Commission (hereinafter "Planning Commission ") did receive a verified Petition for Variance for certain real property located at 428 South Melrose 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; and WHEREAS, the petitioner requests a variance from the front, side, and rear yard setbacks and to allow fewer parking spaces than required by code zone to construct two affordable single family residences in the RM -4 (Multiple- Family Residential) Zone; the Anaheim General Plan designates this property for Low Density Residential land uses; and WHEREAS, Code allows a single - family residence to be constructed in the RM -4 zone by applying either the RS -2 or RS -3 single- family zone development standards. The RS -3 zone standards were applied to this project because this zone is designed to accommodate residences on smaller lots and has reduced front and rear yard setback requirements. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 8, 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 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, does find and determine the following facts: 1. That the applicant requests to deviate from the following to construct two 2- story, single - family residences: SECTION NO. 18.04.090.010 Maximum Lot Coverage - DELETED SECTION NO. 18.04.100.010.0101 Minimum front yard setback (15 feet required; 4 to 10 feet proposed) 1 PC2010 -116 SECTION NO. 18.04.100.010.0101 SECTION NO. 18.04.100.010.0101 Minimum rear yard setback (15 feet required: 5 feet proposed) SECTION NO. 18.42.030.040 Minimum side yard setback (5 feet interior setback required; 3.5 feet proposed to open parking space. 9 feet required for reversed building frontage along Santa Ana Street: 4 feet proposed) Minimum number of parking spaces (4 spaces per unit required -- 2 garage spaces and 2 spaces in front of the garage; 3 spaces per unit proposed — 2 garage spaces and 1 open space on the side of the garage) 2. The requested variance is hereby approved because there are special circumstances applicable to the property pertaining to the extremely limited size of the existing legal nonconforming lots. 3. Strict application of the Code would deprive the property of privileges enjoyed by other properties under the identical zoning classification in the vicinity in that the existing 3,216 square foot lots are the same size as the other properties on the 400 block of South Melrose Street. Moreover, the overall property size will be increased from 6,432 square feet to 7,037 square feet to better accommodate the construction of two new single family homes. 4. The request for reduced parking can be justified because the homes will eventually be sold as affordable units per an agreement with the Anaheim Redevelopment Agency after the energy efficient demonstration project is complete. Moreover, the Affordable Housing Parking Incentive Report, prepared by LSA Associates, Inc. concludes that the parking demand for affordable housing projects are less than market rate homes based on a lower auto ownership for the lower income households. Also, the proposed three spaces per unit would exceed the density bonus parking standard of 2.5 spaces per unit for affordable units. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 3 (New Construction or Conversion of Small Structures) 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 Variance No. 2010 -04832 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference, which 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. 2 PC2010 -116 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 this Variance is approved without limitations on the duration of the use. Amendments, modifications and revocations 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 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 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 the revocation of the approval of this application. THE FOREGOING RES meeting of November 8, 2010. A F1 EST: TION was adopted at the Planning Commission CHAIRMAN PRO -TEMP ANAHEIM CITY PLANNING COMMISSION A/A._, SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2010 -116 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 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 November 8, 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 8 day of November, 2010. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 4 PC2010 -116 1 APN: 037 - 113 -181 Feet EXHIBIT "A" DEV2010- 00156 100 5 Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. 11038 PC2010-116 PRIOR TO BUILDING PERMIT EXHIBIT "S" VARIANCE NO. 2010-04832 (DEV2010- 00156) NO. CONDITIONS OF APPROVAL 1 Individual water service and/or fire line connections shall be required for each parcel per Rule 18 of the City of Anaheim's Water Rates, Rules, and Regulations. 2 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. 3 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. 4 The legal property owner shall submit a Lot Line Adjustment to reconfigure the existing parcels. The Lot Line Adjustment shall be approved by the City Surveyor and recorded in the office of the Orange County Recorder. 5 Improvements on Melrose Street and the public alley shall conform to the City Standards and as approved by the City Engineer and shall include sidewalk, curb and gutter. parkway landscaping, and parkway irrigation connected to the private on -site main. 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. 6 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: SIGNED REVIEW BY OFF BY Water Engineering Electrical Engineering Electrical Engineering Public Works Development Services Public Works Development Services Public Works Development Services 6 PC2010 -116 SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY • 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. 7 All requests for new water services or fire lines, as well as Water Engineering 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 PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 8 All new driveways shall be constructed as required by the Public Works City Engineer in conformance with Engineering Standard Development No. 114 -A. The existing alley, including the valley gutter, Services shall be reconstructed as required by the City Engineer in conformance with Engineering Standard No. 131. 9 Prior to final building and zoning inspections, the improvements to Melrose Street and the public alley shall be completed. Public Works Development Services 7 PC2010 -116 SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY 10 Prior to final building and zoning inspections, the applicant Public Works shall: Development • Demonstrate that all structural BMPs described Services 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. GENERAL 11 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1, (Site/First Floor), 2 (Second Floor), 3 and 4 (Elevations), and 5 (Roof), and as conditioned herein. Planning 8 PC2010 -11 b