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RES-2008-037RESOLUTION NO. 2008 -037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING MISCELLANEOUS PERMIT NO. 2007 -00233 TO CONSTRUCT A 53 -UNIT AFFORDABLE APARTMENT COMPLEX WITH A DENSITY BONUS AND INCENTIVES PERTAINING TO STRUCTURAL HEIGHT AND A LANDSCAPE SETBACK. WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for approval of a density bonus to construct a 53 -unit affordable apartment complex with incentives pertaining to maximum structural height and landscape and building setbacks on approximately 1.21 acres of real property generally located on Greenleaf Avenue just south of Glenoaks Avenue in the City of Anaheim, as shown on Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 3, 2008, at 2:30 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, to hear and consider evidence for and against Miscellaneous Permit No. 2007 -00233 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Anaheim City Planning Commission, by its Resolution No. PC2008 -35, made certain findings and approved Miscellaneous Permit No. 2007 -00233 to permit the construction of a 53 -unit affordable apartment complex with incentives pertaining to maximum structural height and landscape and building setbacks; and WHEREAS, within the time prescribed by law, the applicant did appeal said Planning Commission decision to the Anaheim City Council; and WHEREAS, thereafter, the City Council did set said application for a de novo public hearing, which public hearing was duly noticed in the manner provided by law; and WHEREAS, on April 8, 2008, the City Council held a duly noticed public hearing, gave all persons interested therein an opportunity to be heard, and independently reviewed and considered the evidence presented in the Staff Report to the City Council, including the recommendations and findings of the Anaheim City Planning Commission as set forth in Planning Commission Resolution No. PC2008 -35, and the oral and written evidence presented at the City Council public hearing; and WHEREAS, the City Council, after due consideration of the recommendations and findings of the Anaheim City Planning Commission, and all evidence, testimony and reports offered at said hearing, does hereby declare and find as follows: 1. That the proposed density bonus to construct a 53 -unit affordable apartment complex is authorized under Sections 18.52.040 and 18.52.090 of the Anaheim Municipal Code and includes Tier Two incentives to increase the maximum building height to four stories and to reduce a portion of the minimum landscape setback to 2 feet adjacent to an emergency hammerhead turnaround area where 5 feet is required. 2. That the proposed density bonus is consistent with the Land Use element of the Anaheim General Plan in that it implements the following goals and policies: GOAL 2.1: Continue to provide a variety of quality housing opportunities to address the City's diverse housing needs; Policy: facilitate new residential development on vacant or underutilized infill parcels. GOAL 6.1: Enhance the quality of life and economic vitality in Anaheim through strategic infill development and revitalization of existing development; Policy: Continue to provide special incentives and improvement programs (e.g., density bonuses, parking requirement reductions, low interest home improvements loans, Neighborhood Improvement Program, etc.) to revitalize residential neighborhoods, major business corridors and employment centers. GOAL 7.1: Address the jobs- housing relationship by developing housing near job centers and transportation facilities; Policies: Address the jobs- housing balance through the development of housing in proximity to local job centers and develop housing that addresses the need of the City's diverse employment base. 3. That granting of the density bonus under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the scale and character of the existing neighborhood and nearby land uses. 4. That the affordable housing development will preserve the integrity and character of the zoning district and the General Plan. 5. That the affordable housing development will be consistent with design guidelines established for affordable housing and will comply with all affordability requirements. 6. That development of the project with requested development incentives is subject to implementation of a density bonus housing agreement as defined in Anaheim Municipal Code Section 18.52.230. WHEREAS, pursuant to the provisions of the California Environmental Quality Act "CEQA and the CEQA Guidelines, the City Council finds and determines that the proposed project is exempt under Section 21159.23 of the California Public Resources Code. COA Conditions of Approval Responsible for Monitoring TIMING PRIOR TO ISSUANCE OF A BELUDING PERMIT COA 1 That final detailed elevation plans including colors and materials shall be submitted for review to the Planning Commission as a "Reports and Recommendations" item. Planning COA 2 That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits. Planning COA 3 That all air conditioning facilities and other ground- mounted equipment shall be properly shielded from view and the sound buffered from adjacent residential properties. Such information shall be specifically shown on the plans submitted for building permits. Planning COA 4 That an automatic fire sprinkler system shall be designed, installed and maintained as required by the Fire Department. Such information shall be specifically shown on the plans submitted for building permits. Fire COA 5 That the locations for future above ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments. Utilities Electrical Engineering NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Anaheim, for the reasons hereinabove specified, does hereby approve said density bonus application with incentives pertaining to maximum structural height and landscape and building setbacks, upon the following conditions of approval which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the Citizens of the City of Anaheim: COA Conditions of Approval Responsible for Monitoring Utilities Electrical Engineering COA 6 That any required relocation of City electrical facilities shall be at the developer's expense. That landscape and/or hardscape screening of all pad- mounted equipment shall be required and shall be shown on plans submitted for building permits. COA 7 That all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback areas in a manner fully screened from all public streets and alleys. Said information shall be shown on plans and approved by Water Engineering and the Cross Connection Control Inspector before submittal for building permits. Water COA 8 That since this project has a common landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed and shall comply with City Ordinance No. 5349 and Chapter 10.19 of the Anaheim Municipal Code. Said information shall be shown on plans submitted for building permits. Water COA 9 That all existing water services and fire lines shall conform to the current Water Services Standards Specification. 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 applicant shall be responsible for the costs to upgrade or abandon any water service or fire line. Water COA 10 That plans shall be submitted showing stop control for the eastbound direction of the driveway where it intersects Greenleaf Avenue. A stop sign shall be installed and stop legend shall be painted on the driveway in the eastbound direction at the driveway intersection. Subject property shall thereupon be developed and maintained in conformance with said plans. PW Traffic COA 11 That plans submitted for building permits shall include a note that on -going during project operation no required parking areas shall be fenced or otherwise enclosed for outdoor storage uses. PW Traffic -3- COA Conditions of Approval Responsible for Monitoring COA 12 That plans submitted for building permits shall include a note that fire lanes shall be posted with "No Parking Any Time" prior to final building and zoning inspections. PW Traffic COA 13 That Lot Line Adjustment No. 650 must be approved by the City Engineer and recorded in the office of the Orange County Recorder. PW Development Services COA 14 That prior to application for water meters, fire line or submitting the water improvement plans for approval, the property owner /developer shall submit to the Public Utilities Water Engineering Division 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 occur in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations. Water COA 15 That plans submitted for building permits shall show television security cameras which will monitor the exterior grounds of the property. Said cameras shall be located on the exterior of the building. Police COA 16 That the north driveway shall be aligned with the centerline of Glenoaks Avenue. Said information shall be shown on plans submitted for building permits. PW Traffic TIMING. PRIOR TO ISSUANCE OF GRADING PERMIT COA 17 That the property owner /developer shall submit to the Public Works /Development Services Division, for review and approval, a Water Quality Management Plan, as described in Drainage Area Management Plan for Orange County. Said WQMP shall: Address Site Design Best Management Practices (BMPs) such as minimizing impervious areas, PW Development Services maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. Incorporate applicable Routine Source Control BMPs. Incorporate Treatment Control BMPs. Describe the long -term operation and maintenance, identifies the responsible parties, and funding mechanisms for the Treatment Control BMPs. -4- COA Conditions of Approval Responsible for Monitoring TIMING: PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS COA 18 The property owner /developer 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 property owner /developer is prepared to implement all non structural BMPs described in the Project WQMP Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. PW Development Services COA 19 The subject 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 through 12, and as conditioned herein. Planning GENERAL COA 20 That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities Department. Water COA 21 That any tree planted on -site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty -four (24) hours from time of discovery. Planning COA 22 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. Planning COA Conditions of Approval Responsible for Monitoring COA 23 That building permits shall be obtained within one (1) year from the date of approval of this Resolution to exercise the entitlement for a density bonus housing development. Such time limitation may be extended by the Planning Director in accordance with Section 18.60.170 of the Anaheim Municipal Planning Code. COA 24 That 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 Planning (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that the City Council of the City of Anaheim 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 the time within which rehearings must be sought is governed by the provisions of Section 1.12.100 of the Anaheim Municipal Code and the time within which judicial review of final decisions must be sought is governed by the provisions of Section 1094.6 of the Code of Civil Procedure and Anaheim City Council Resolution No. 79R -524. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 8th day of April 2008, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway NOES: Council Member Kring ABSENT: NONE ABSTAIN: NONE ATTEST: CI Y CLERK OF THE CITY OF ANAHEIM 68437.v 1 /MGordon CITY OF AN IM By: MAYO OF THE CIT OF AHEIM 5i) 100 Fce, U) z W 0 0 CATALPA AVE GLENOAKS AVE Miscellaneous Permit No. 2007 -00233 Subject Property Property Description EXHIBIT A W. CRESCENT AVE 0 O m 2 W. LA PALMA AVE k N W CRESCENT AVE 10483