PC 2011/05/23City of Anaheim
Planning Commission
Agenda
Monday, May 23, 2011
Council Chamber, City Hall
200 South Anaheim Boulevard
Anaheim, California
Chairman: Stephen Faessel
Chairman Pro-Tempore: Peter Agarwal
Commissioners: Todd Ament, Joseph Karaki, Harry Persaud
Victoria Ramirez, John Seymour
Call To Order -5:00 p.m.
Pledge Of Allegiance
Public Comments
Consent Calendar
Public Hearing Items
Commission Updates
Discussion
Adjournment
For record keeping purposes, if you wish to make a statement regarding any item on the
agenda, please complete a speaker card in advance and submit it to the secretary.
A copy of the staff report may be obtained at the City of Anaheim Planning Department,
200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also
available on the City of Anaheim website www.anaheim.net/planningon Thursday,
May19, 2011, after 5:00 p.m. Any writings or documents provided to a majority of the
Planning Commission regarding any item on this agenda (other than writings legally
exempt from public disclosure) will be made available for public inspection in the
Planning Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim,
California, during regular business hours.
You may leave a message for the Planning Commission using the following
planningcommission@anaheim.net
e-mail address:
H:\TOOLS\PC Admin\PC Agendas\(052311).doc
APPEAL OF PLANNING COMMISSION ACTIONS
Any action taken by the Planning Commission this date regarding Reclassifications,
Conditional Use Permits, Variances, Public Convenience or Necessity Determinations,
10 days
Tentative Tract and Parcel Maps will be final after Planning Commission action
unless a timely appeal is filed during that time. This appeal shall be made in written form to
the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk.
The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for
public hearing before the City Council at the earliest possible date. You will be notified by
the City Clerk of said hearing.
If you challenge any one of these City of Anaheim decisions in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this
notice, or in a written correspondence delivered to the Planning Commission or City Council
at, or prior to, the public hearing.
AnaheimPlanning Commission Agenda -5:00 P.M.
Public Comments:
This is an opportunity for members of the public to speak on any item under the jurisdiction of
the Anaheim City Planning Commission or public comments on agenda items with the
exception of public hearing items.
Consent Calendar:
The items on the ConsentCalendar will be acted on by one roll call vote. There will be no
separate discussion of these items prior to the time of the voting on the motion unless
members of the Planning Commission, staff,or the public request the item to be discussed
and/or removed from the Consent Calendar for separate action.
05/23/11
Page 2of 6
Reports and Recommendations
ITEM NO. 1A
CONDITIONAL USE PERMIT NO. 2010- 05483A
(DEV2010- 00026A)
CONDITIONAL USE PERMIT NO. 2010- 05484A
(DEV2010- 00027A)
Location: 407 -425 South Anaheim Boulevard and
518 -538 South Anaheim Boulevard
The applicant requests review of final building elevation and
vehicular circulation plans for previously- approved 52 unit and
36 unit affordable condominium complex projects.
Environmental Determination: A previously- approved
Negative Declaration has been determined to serve as the
appropriate environmental documentation for this project in
accordance with the provisions of the California
Environmental Quality Act (CEQA).
Motion
Motion
Project Planner:
David See
dsee(5)anaheim. net
05/23/11
Page 3 of 6
Public Hearing Item
ITEM NO. 2
VARIANCE NO. 2011 -04845 Resolution No.
(DEV2011- 00014)
Location: 1658 West Orangewood Avenue
The applicant proposes to add a second story apartment
unit to an existing 3 -unit apartment complex with reduced
setbacks and less parking than required by Code.
Environmental Determination: The proposed action is Project Planner:
Categorically Exempt from the requirement to prepare David See
additional environmental documentation per California dsee(olanaheim.net
Environmental Quality Act (CEQA) Guidelines - Class 3
(New Construction or Conversion of Small Structures).
Adjourn to Monday, June 6, 2011 at 5:00 p.m.
05/23/11
Page 4 of 6
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
4:30p.m.May 18, 2011_
(TIME)(DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK
SIGNED:
ANAHEIM CITY PLANNING COMMISSION
The City of Anaheim wishes to make all of its public meetings and hearingsaccessible to
all members of the public. The City prohibits discrimination on the basis of race, color, or
national origin in any program or activity receiving Federal financial assistance.
If requested, the agenda and backup materials will be made available in appropriate
alternative formats to persons with a disability, as required by Section 202 of the
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and
regulations adopted in implementation thereof.
Any person who requires a disability-related modification or accommodation, including
auxiliary aids or services, in order to participate in the public meeting may request such
modification, accommodation, aid or service by contacting the Planning Department either
in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at
(714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled
meeting.
La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a
todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza ,
color u origen nacional en cualquier programa o actividad que reciba asistencia financiera
federal.
Si se solicita, la agenda y los materiales de copia estarán disponible en formatos
alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección
202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las
normas federales y reglamentos adoptados en aplicación del mismo.
Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo
medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar
dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria
de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o
por teléfono al (714) 765-5139, antes de las 10:00 de la mañana un día habil antes de la
reunión programada.
05/23/11
Page 5of 6
S C H E D U L E
2011
June 6
June 20
July 6
(Wed)
July 18
August 1
August 15
August 29
September 12
September 26
October 10
October 24
November 7
November 21
December 5
December 19
05/23/11
Page 6of 6
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL
USE PERMIT NO. 2010-05483. (DEV2010-00026)
WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as
the "Planning Commission") did receive a verified Petition for Conditional Use Permit No. 2010-
05483,toconstruct a 6-lot, 52 unit attached affordable condominium project with a deviation in
zoning development standards and a density bonus,pursuant to Code Section No. 18.06.160of
the Anaheim Municipal Code for that certain real property located at 407 – 425 South Anaheim
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;and
WHEREAS, the subject property is currently vacant land and is zoned I (SABC)
(Industrial; South Anaheim Boulevard Corridor Overlay). The Anaheim General Plan currently
designates this property for Mixed Use land uses; and
WHEREAS, Conditional Use Permit No. 2010-05483 proposes to permit a
deviation in zoning development standards to allow a maximum lot coverage of 53percent; a
setback of 7.5feet around the perimeter of the property; and a 20to 45-foot setback between
condominium buildings; and an affordable housing reduced parking incentive to allow a
minimum of 96parking spaces; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on May 24, 2010, at 3:30 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 “Procedures”, to hear and consider evidence for and against
Conditional Use Permit No. 2010-05483 and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, at said public hearing, the Planning Commission did adopt its
Resolution No. PC2010-035 containing a report of its findings, a summary of the evidence
presented at said hearing, and did approve Conditional Use Permit No. 2010-05483; and
WHEREAS, Conditional Use Permit No. 2010-05483 is proposed in conjunction
with General Plan Amendment No. 2010-00478 to re-designate the subject property from the
Mixed Use land use designation to the Medium Density land use designation; Reclassification
No. 2010-00236 to reclassify the property from the I (SABC) (Industrial, South Anaheim
Boulevard Corridor Overlay) Zone to the RM-4 (SABC) (Multiple-Family Residential, South
Anaheim Boulevard Corridor Overlay) Zone;and Tentative Tract Map No. 17351to establish a
6-lot, 52 unit attached condominium subdivision; and
WHEREAS, pursuant to Section 18.68.040 of the Anaheim Municipal Code the
City Council is the approval authority for general plan amendments; and
WHEREAS, prior to adopting or amending a general plan, the City Council is
required to hold at least one public hearing, notice of such public hearing to be provided as
required by state law; and
WHEREAS, pursuant to subsection 18.60.150.020 of the Anaheim Municipal
Code, when multiple discretionary land use applications are submitted for concurrent Planning
Commission review and approval, and one or more of such applications requires City Council
review and approval, all such applications shall be subject to full review and approval by the
City Council as the granting authority; and
WHEREAS, upon receipt of said Resolution No. PC2010-035, summary of
evidence, report of findings and recommendations of the Planning Commission, the City Council
did fix the 20th dayof July, 2010, as the time, and the City Council Chamber in the Civic Center
as the place for a public hearing on proposed Conditional Use Permit No. 2010-05483 and did
give notice thereof in the manner and as 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, the CityCouncil does find, after careful consideration of all
evidence and reports submitted to the Planning Commission and the action taken by said
Commission, and all evidence and reports offered at said public hearing before the City Council,
that all of the conditions and criteria set forth in the Anaheim Municipal Code are present for the
following reasons:
1.The proposed residentialproject is properly one for which a conditional use
permit is authorized under Code Section 18.06.160.
2.The proposed residentialproject will not adversely affect the adjoining land uses,
or the growth and development of the area in which it is proposed to be located. The proposed
use and density will not have an adverse affect on the surrounding industrial and residential land
uses.
3.The size and shape of the site proposed for the residentialproject is adequate to
allow the full development of the proposed use in a manner not detrimental to either the
particular area or health and safetybecausethere will be adequate parking, recreational areas,
privacy, and landscaping to accommodate the proposed density.
4.The traffic generated by the proposed residentialprojectuse will not impose an
undue burden upon the streets and highways designed and improved to carry the traffic in the
areabecause the project has been designed to accommodate the required on and off site parking,
vehicular circulation, and trash collection.
5.The applicant applied for a density bonus application requesting a parking
incentive pursuant to State Law. A total of 96 on-site parking spaces and 26 off-site parking
spaces along the new public streets, for a total of 122 spaces, are proposed within, and adjacent
to, the subdivision. State Law requires parking incentives to be granted for projects that provide
a minimum of ten percent of the project as affordable units. Six units within the development
(10 percent of this project) would be affordable for families of low income; therefore, the project
would qualify for the parking reduction permitted by State Law. Aminimum of 94 spaces are
required for this project under State Law in compliance with Code. Since 96 on-site and 26 off-
site spaces are provided, for a total of 122 spaces, the project provides adequate parking under
state law.
6.As authorized under Code Section 18.06.160, the applicant requests a
modification to RM-4 zone development standards pertaining to maximum lot coverage,
minimum front and interior setbacks, and building to building setbacks. These modifications can
be justified since the amount ofrecreational space exceeds Code requirements (10,400 s.f.
required; 17,608 s.f. proposed), the buildings are well articulated, and the facades are
embellished with attractive façade treatments such as decorative front porches.
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 Anaheim City Council does
hereby grant Conditional Use Permit No. 2010-05483 subject to the conditions of approval
described in Exhibit “B”attached hereto and incorporated herein 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 safety and general welfare of the Citizens of the City of Anaheim.
BE IT FURTHER RESOLVED thatthe 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 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. 2010-05483 is
hereby approved subject to the approval by the City Council of General Plan Amendment No.
2010-00478, Reclassification No. 2010-00236, and Tract Map No. 17351, now pending.
BE IT FURTHER RESOLVED that approval of thisapplication constitutes
approval of the proposed request only to the extent that itcomplies withthe 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 is approved and adopted by the City Council
of the City of Anaheim this ____ day of __________, 2010, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By: ___________________________________
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
77867.v1/MGordon
EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 2010-05483
REVIEW BYSIGNED
CONDITIONS OF APPROVAL
NO.
OFF BY
PRIOR TO THE ISSUANCE OF A BUILDING PERMIT
1All plumbing or other similar pipes and fixtures Planning
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.
2All air-conditioning facilities and other ground-Planning
mounted equipment shall be properly shielded
from view and the sound buffered from adjacent
residential properties. Said information shall be
specifically shown on the plans submitted for
building permits.
3Locations for future above-ground utility devices Planning
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.
4The legal property owner shall enter into an Planning
unsubordinated recorded agreement with the City
of Anaheim pursuant to California Government
Code Section 65915 to provide that a minimum of
ten percent of the total proposed number of
residential units shall be sold as lowincome
housing units as defined in California Government
Code Section 65915 and with appropriate price
controls as approved by the City of Anaheim for a
period of not less than fifty five (55) years from
the date of issuance of occupancy permits. A
copy of the recorded covenant shall be submitted
to the Planning Services Division.
5Plans submitted for building permits shall include Planning
a note that on-going during project operation no
required parking areas shall be fenced or
otherwise enclosed for outdoor storage uses.
6All backflow equipment shall be located above Planning
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.
7Electric system plans, electrical panel drawings, Public Utilities-
site plans, elevation plans, and related technical Electrical
drawings and specifications shall be submitted to
the Electrical Engineering Division of the Public
Utilities Department to establish electrical service.
8Any required relocation of City electrical facilities Public Utilities-
shall be provided. Landscape and/or hardscape Electrical
screening of all pad-mounted equipment shall be
required and shall be shown on plans submitted
for building permits.
9A Water Quality Management Plan(WQMP), as Public Works –
described in Drainage Area Management Plan for Development
Orange County, shall be submitted to the Public Services
Works/Development Services Division for review
and approval. Said WQMP shall:
Address 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.
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.
10The WQMPshall:Public Works –
Development
Demonstrate that all structural BMPs
Services
described in the Project WQMP have been
constructed and installed in conformance
with approved plans and specifications.
Demonstrate that the property
owner/developeris 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.
11All condominium units shall be assigned street Building
addresses by the Building Division. Street names
for any new public or private street (if requested by
the developer or required by the City) shall be
submitted to and approved by the Building
Division.
12On going during project operation, no parking areas Code Enforcement
shall be fenced or otherwise enclosed for outdoor
storage purposes.
13Plans shall be submitted showing stop control for Public Works –
the private street at Elm Street and Santa Ana Traffic
Street.
14All requests for new water services or fire lines, as Public Utilities-
well as any modifications, relocations, or Water
abandonment of existing water services and fire
lines, shall be coordinated through Water
Engineering Division of the Anaheim Public
Utilities Department.
15All existing water services and fire lines shall Public Utilities-
conform to current Water Utility Standards. Any Water
existing water services that are not approved by
the Utility for continued use shall be upgraded to
current standards or abandoned. If the existing
services are no longer needed, they shall be
abandoned.
16A water system master plan, including a hydraulicPublic Utilities-
distribution network analysis, shall be submittedWater
for Public UtilitiesWater Engineering review and
approval. The master plan shall demonstrate the
adequacy of the proposed on-site water system to
meet the project’s water demands and fire
protection requirements.
17Since this project has a common landscaping area Public Utilities-
exceeding 2,500 square feet, a separate irrigation Water
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.
18A detailed water usage analysis and building plans Public Utilities-
shall be submitted for Public Utilities Water Water
Engineering review and approval in determining
the adequacy of the existing water system to meet
the project’s water requirements.Any system
improvements shall be done in accordance with
Rule No. 15A.6 of the water utility’s Rates, Rules
and Regulations.
19Improvement plans shall be submitted for Public Public Utilities-
Utilities Water Engineering review and approval Water
in determining the conditionsnecessary for
providing water service to the project.
20Water improvement plans shall be submitted to Public Utilities-
the Water Engineering Division for approval and a Water
performance bond in the amount approved by the
City Engineer, and in a form approved by the City
Attorney, shall be posted with the City of
Anaheim.
21Individual water service and/or fire line Public Utilities-
connections shall be required for each parcel or Water
residential unit per Rule 18 of the City of
Anaheim’s Rates, Rules, and Regulations. If a
legal association of all the properties servedis
formed, and recorded with the Orange County
Recorder, then more than one premise may be
served through a single service connection from
the public water system. The association’s
CC&R’s shall contain provisions that define the
perpetual responsibility for the paymentof all
water utility service provided and the individual
responsibility of all association members.
22The location of trash and recycle barrels to be Public Works –
collected on trash collection day, and the storage Sanitation
of the barrels, shall be provided in a location
acceptable to the Public Works Department,
Streets and Sanitation Division,and in accordance
with approved plans on file with said Department.
Said storage areas shall be designed and located
inside the garage. Said information shall be
specifically shown on the plans submitted for
building permits.
23Excluding model homes, the final map shall be Public Works –
submitted to and approved by the City of Anaheim Development
and the Orange County Surveyor. Services
24Final colored building elevations and vehicular Planning
circulation plans shall be submitted to the
Planning Department for Planning Commission
review asa “Reports and Recommendations”
item.
PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS
25The WQMPshall:Public Works –
Development
Demonstrate that all structural BMPs
Services
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.
26Fire lanes shall be posted with “No Parking Any Fire
Time.” Said information shall be specifically
shown on plans submitted for building permits.
27ADA compliant curb access ramps with truncated Public Works –
domes shall be constructed at Anaheim Development
Boulevard/Elm Street, Anaheim Boulevard/Santa Services
Ana Street, and both sides of the private street “A”
in conformance with Public Works Standard
Detail No. 111-3.
28AnaheimBoulevard, Elm Street, Santa Ana Street, Public Works –
and the private road “A” shall be improved per the Development
Public Works Department street right of way Services
requirements. Obtain a Right-of-Way Construction
Permit from the Development Services Division.
29A stop sign shall be installed and a stop legend shall Public Works –
be painted on the private street in the northbound Development
direction at Elm Street and in the southbound Services
direction at Santa Ana Street.
30Arailroad crossbuck sign shall be installed on the Public Works –
private drive at Santa Ana Street.Traffic
GENERAL
31Any tree planted on-site shall be replaced in a Code Enforcement
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 two (2) business days
from time of discovery.
32The property shall be developed substantially in Planning
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(Conceptual
Landscaping), 2 (Solid Waste Management Plan),
3 (Technical Site Plan), 4 (Tentative Tract Map),
5, (Zoning Calculation Plan), 6 (First Floor Plan),
7 (Second Floor Plan), 8 (Third Floor Plan), 9
(Elevations), 10 (Four Unit Floor Plans), and 11
(Four Unit Elevations), and as conditioned herein.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL
USE PERMIT NO. 2010-05484. (DEV2010-00027)
WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as
the "Planning Commission") did receive a verified Petition for Conditional Use Permit No. 2010-
05484,toconstruct a 2-lot, 36 unit attached affordable condominium project with a deviation in
zoning development standards and a density bonus,pursuant to Code Section No. 18.06.160of
the Anaheim Municipal Code for that certain real property located at 518-538 South Anaheim
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;and
WHEREAS, the subject property is currently vacant land and is zoned I (SABC)
(Industrial; South Anaheim Boulevard Corridor Overlay). The Anaheim General Plan currently
designates this property for Low Medium Density Residential land use; and
WHEREAS, Conditional Use Permit No. 2010-05484 proposes to permit a
deviation in zoning development standards to allow a maximum lot coverage of 60 percent; a
minimum fully landscaped street setback of 3 to 6feet along street frontages, 7feet along the
northerly property line, and 3feet along the easterly property line; and a 20-foot setback between
condominium buildings; and an affordable housing reduced parking incentive to allow a
minimum of 64 parking spaces; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on May 24, 2010, at 3:30 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 “Procedures”, tohear and consider evidence for and against
Conditional Use Permit No. 2010-05484 and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, at said public hearing, the Planning Commission did adopt its
Resolution No. PC2010-039 containing a report of its findings, a summary of the evidence
presented at said hearing, and did approve Conditional Use Permit No. 2010-05484; and
WHEREAS, Conditional Use Permit No. 2010-05484 is proposed in conjunction
with General Plan Amendment No. 2010-00479 to re-designate the subject property from the
Low Medium Density Residential land use designation to the Medium Density land use
designation; Reclassification No. 2010-00237 to reclassify the property from the I (SABC)
(Industrial, South Anaheim Boulevard Corridor Overlay) Zone to the RM-4 (SABC) (Multiple-
Family Residential, South Anaheim Boulevard Corridor Overlay) Zone; and Tentative Tract Map
No. 17350 to establish a 2-lot, 36 unit attached condominium subdivision; and
WHEREAS, pursuant to Section 18.68.040 of the Anaheim Municipal Code the
City Council is the approval authority for general plan amendments; and
WHEREAS, prior to adopting or amending a general plan, the City Council is
required to hold at least one public hearing, notice of such public hearing to be provided as
required by state law; and
WHEREAS, pursuant to subsection 18.60.150.020 of the Anaheim Municipal
Code, when multiple discretionary land use applications are submitted for concurrent Planning
Commission review and approval, and one or more of such applications requires City Council
review and approval, all such applications shall be subject to full review and approval by the
City Council as the granting authority; and
WHEREAS, upon receipt of said Resolution No. PC2010-039, summary of
evidence, report of findings and recommendations of the Planning Commission, the City Council
did fix the 20th day of July, 2010, as the time, and the City Council Chamber in the Civic Center
as the place for a public hearing on proposed Conditional Use Permit No. 2010-05484 and did
give notice thereof in the manner and as 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, the City Council does find, after careful consideration of all
evidence and reports submitted to the Planning Commission and the action taken by said
Commission, and all evidence and reports offered at said public hearing before the City Council,
that all of the conditions and criteria set forth in the Anaheim Municipal Code are present for the
following reasons:
1.The proposedresidentialproject is properly one for which a conditional use
permit is authorized under Code Section 18.06.160.
2.The proposed residentialproject will not adversely affect the adjoining land uses,
or the growth and development of the area in which it isproposed to be located. The proposed
use and density will not have an adverse affect on the surrounding industrial and residential land
uses.
3.The size and shape of the site proposed for the residentialproject is adequate to
allow the full development ofthe proposed use in a manner not detrimental to either the
particular area or health and safetybecausethere will be adequate parking, recreational areas,
privacy, and landscaping to accommodate the proposed density.
4.The traffic generated by the proposedresidentialprojectuse will not impose an
undue burden upon the streets and highways designed and improved to carry the traffic in the
areabecause the project has been designed to accommodate the required on and off site parking,
vehicular circulation, and trash collection.
5.Theapplicant applied for a density bonus application requesting a parking
incentive pursuant to State Law. Atotal of 64 on-site parking spaces and 15off-site parking
spaces along the new public streets, for a total of 79spaces, are proposed within the subdivision.
State Law requires parking incentives to be granted for projects that provide a minimum of ten
percent of the project asaffordable units. Four units within the development (10 percent of this
project) would be affordable for families of low income; therefore, the project would qualify for
the parking reduction permitted by State Law. Aminimum of 64spaces are required for this
project under State Lawin compliance with Code. Since 64 on-site and 15off-site spaces are
provided, for a total of 79spaces, the project provides adequate parking under state law.
6.As authorized under Code Section 18.06.160, the applicant requests a
modification to RM-4 zone development standards pertaining to maximum lot coverage,
minimum front and interior setbacks, and building to building setbacks. These modifications can
be justified since the amount of recreational space exceeds Code requirements (7,200 s.f.
required; 9,966 s.f. proposed), the buildings are well articulated, and the facades are embellished
with attractive façade treatments such as decorative front porches.
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 Anaheim City Council does
hereby grant Conditional Use Permit No. 2010-05484 subject to the conditions of approval
described in Exhibit “B”attached hereto and incorporated herein 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 safety and general welfare of the Citizens of the City of Anaheim.
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 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 FURTHERRESOLVED that Conditional Use Permit No. 2010-05484 is
hereby approved subject to the approval by the City Council of General Plan Amendment No.
2010-00479, Reclassification No. 2010-00237, and Tract Map No. 17350, now pending.
BE IT FURTHER RESOLVED that approval of thisapplication constitutes
approval of the proposed request only to the extent that itcomplies 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 is approved and adopted by the City Council
of the City of Anaheim this ____ day of __________, 2010, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By: ___________________________________
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
77862.v1/MGordon
EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 2010-05484
RESPONSIBLE
FOR
NO.CONDITIONS OF APPROVALMONITORING
PRIOR TO THE ISSUANCE OF A BUILDING PERMIT
1All plumbing or other similar pipes and fixtures located on the Planning
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.
2All air-conditioning facilities and other ground-mounted Planning
equipment shall be properly shielded from view and the sound
buffered from adjacent residential properties. Said information
shall be specifically shown on the plans submitted for building
permits.
3Locations for future above-ground utility devices including, but Planning
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.
4The legal property owner shall enter into an unsubordinated Planning
recorded agreement with the City of Anaheim pursuant to
California Government Code Section 65915 to provide that a
minimum of ten percent of the total proposed number of
residential units shall be sold as low income housing units as
defined in California Government Code Section 65915 and
with appropriate price controls as approved by the City of
Anaheim for a period of not less than fifty five (55) years from
the date of issuance of occupancy permits. A copy of the
recorded covenant shall be submitted to the Planning Services
Division.
5Plans submitted for building permits shall include a note that Planning
on-going during project operation no required parking areas
shall be fenced or otherwise enclosed for outdoor storage uses.
6All backflow equipment shall be located above ground outside Planning
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
RESPONSIBLE
FOR
NO.CONDITIONS OF APPROVALMONITORING
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.
7The developer shall coordinate with the Electrical Engineering Public Utilities-
Division of the Public Utilities Department to establish Electrical
electrical service requirements and submit electric system
plans, electrical panel drawings, site plans, elevation plans, and
related technical drawings and specifications.
8Any required relocation of City electrical facilities shall be at Public Utilities-
the developer’s expense. Landscape and/or hardscape Electrical
screening of all pad-mounted equipment shall be required and
shall be shown on plans submitted for building permits.
9The developer shall submit a sewer study to determine any Public Works –
sewer capacity impacts resulting from this project and the Development
related required improvements. Services
10The property owner/developer shall submit to the Public Works Public Works –
/Development ServicesDivision, for review and approval, a Development
Water Quality Management Plan, as described in Drainage Services
Area Management Plan for Orange County. Said WQMP
shall:
Address 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.
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.
11The property owner/developershall:Public Works –
Development
Demonstrate that all structural BMPs described in the
Services
Project WQMP have been constructed and installed in
conformancewith approved plans and specifications.
Demonstrate that the property owner/developeris
prepared to implement all non-structural BMPs described
in the Project WQMP
RESPONSIBLE
FOR
NO.CONDITIONS OF APPROVALMONITORING
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.
12All condominium units shall be assigned street addresses by the Building
Building Division. Street names for any new public or private
street (if requested by the developer or required by the City) shall
be submitted to and approved by the Building Division.
13On going during project operation, no parking areas shall be Public Works –
fenced or otherwise enclosed for outdoor storage purposes.Traffic
14Plans shall be submitted showing stop control at EllsworthStreetPublic Works –
and Santa Ana Street. Traffic
15All requests for new water services or fire lines, as well as any Public Utilities-
modifications, relocations, or abandonment of existing water Water
services and fire lines, shall be coordinated through Water
Engineering Divisionof the Anaheim Public Utilities
Department.
16All existing water services and fire lines shall conform to Public Utilities-
current Water Utility Standards. Any existing water services Water
that are not approved by the Utility for continued use shall be
upgraded to current standards, or abandoned by the developer.
If the existing services are no longer needed, they shall be
abandoned by the developer.
17The developer shall submit a water system master plan, Public Utilities-
including a hydraulic distribution network analysis, for Public Water
Utilities Water Engineering review and approval. The master
plan shall demonstrate the adequacy of the proposed on-site
water system to meet the project’s water demands and fire
protection requirements.
18Since this project has a common landscaping area exceeding Public Utilities-
2,500 square feet, a separate irrigation meter shall be installed Water
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.
19The developer/owner shall provide a detailed water usage Public Utilities-
analysis and building plans for Public Utilities Water Water
Engineering review and approval in determining the adequacy
of the existing water system to meet the project’s water
RESPONSIBLE
FOR
NO.CONDITIONS OF APPROVALMONITORING
requirements. Any system improvements shall be done in
accordance with Rule No. 15A.6 of the water utility’s Rates,
Rules and Regulations.
20The developer/owner shall submit improvement plans for Public Utilities-
Public Utilities Water Engineering review and approval in Water
determining the conditions necessary for providing water
service to the project.
21Water improvement plans shall be submitted to the Water Public Utilities-
Engineering Division for approval and a performance bond in Water
the amount approved by the City Engineer and from approved
by the City Attorney shall be posted with the City of Anaheim.
22Individual water service and/or fire line connections shall be Public Utilities-
required for each parcel or residential unit per Rule 18 of the Water
City of Anaheim’s Rates, Rules, and Regulations. If the
developer forms a legal association of all the properties served,
and records it with the Orange County Recorder, then more
than one premise may be served through a single service
connection from the public water system. The association’s
CC&R’s shall contain provisions that define the perpetual
responsibility for the paymentof all water utility service
provided and the individual responsibility of all association
members.
23The location of trash and recycle barrels to be collected on Public Works –
trash collection day, and the storage of the barrels,shall be Sanitation
provided in a location acceptable to the Public Works
Department, Streets and Sanitation Division,and in accordance
with approved plans on file with said Department. Said storage
areas shall be designed and located inside the garage.Said
information shall be specifically shown on the plans submitted
for building permits.
PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS
24Fire lanes shall be posted with “No Parking Any Time.” Said Fire
information shall be specifically shown on plans submitted for
building permits.
25ADA compliant curb access ramps with truncated domes shall Public Works –
be constructed at Anaheim Boulevard/Ellsworth Street in Development
conformance with Public Works Standard Detail No. 111-3. Services
RESPONSIBLE
FOR
NO.CONDITIONS OF APPROVALMONITORING
26The developer shall improve AnaheimBoulevard, EllsworthPublic Works –
Street, and the public alley per the Public Works Department Development
street right of way requirements.Services
27A stop sign shall be installed and a stoplegend shall be painted Public Works –
on the alley in the northbound direction at Santa AnaStreet and Development
in the southbound direction at EllsworthStreet.Services
28The construction of the public alley shall be completed. The
alley easement for the portion outside of the property boundary
shall be obtained.
29All sewer improvements identified in the sewer study shall be
completed.
GENERAL
30Any tree planted on-site shall be replaced in a timely manner in Code Enforcement
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 two
(2) business days from time of discovery.
31The property shall be developed substantially in accordance Planning
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 (Technical Site Plan), 2
(Amended Tentative Tract Map), 3 (Amended Zoning
Calculation Plan), 4 (Conceptual Landscaping), 5(District
Monumentation Plan), 6 (Recreational Center Plan), 7(Wall
and Fence Plan), 8 (Solid Waste Management Plan), 9-11
(Parcel J Elevations), 12-14 (Parcel J Floor Plans), 15-16
(Parcel K Elevations), 17-18 (Parcel K Floor Plans), and 19
(Parcel K Roof Plan), and as conditioned herein.
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City of Anaheim
PLANNING DEPARTMENT
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That the City Council take the following actions:
1.By motion, determine that a Negative Declaration is the appropriate
environmental determination for this request per the California Environmental
Quality Act.
2.Adopt a resolution approving General Plan Amendment No. 2010-00478 to
change the General Plan land use designation for these properties from the Mixed
Use to the Medium Density Residentialdesignation.
3.Adopt a resolution approving Reclassification No. 2010-00236 to rezone subject
properties from the I (SABC) to the RM-4 (SABC) zone.
4.By motion,introduce an ordinance finalizing Reclassification No. 2010-00236.
5.Adopt a resolution approving Conditional Use Permit No. 2010-05483, a request
to construct a 52-unit, affordable condominium project with a deviation in zoning
development standards and an affordable housing incentive.
6.Adopt a resolution approving Tentative Tract Map No. 17351, to establish a 6-
lot, 52-unit attached condominium subdivision.
Ü×ÍÝËÍÍ×ÑÒæ
This 2-acre site is developed with vacant industrial buildings. The General Plan
designates this sitefor Mixed Use development. The siteis located in the Merged
Redevelopment Project Area and is owned by the Redevelopment Agency. The
Planning Commission recommended Council approval of the requested actions on May
24, 2010.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
GENERAL PLAN AMENDMENTNO. 2009-00478
July 27, 2010
Page 2of 4
General Plan Amendment:
The applicant proposes to amend theGeneral Plan designation from MixedUse to
Medium Density Residentialto allow a52-unit condominium development.The intent
of the existing MixedUse designation is to encourage higher density residential
development along the South Anaheim Boulevard corridor while providing convenient
retail opportunities for area residents. Amending the General Plan to a Medium Density
Residential designation would still provide opportunities for higher density residential
development. Staff believes that the planned commercial development directly across
Anaheim Boulevard, includinga restaurant, brewery, outdoor marketplace and renovated
Packing House building, will provide an ample mix of commercial development
consistent with the goal of providing convenient convenient retail uses in close
proximity to housing. In addition, the proposed General Plan designation would be
consistent with the existing Medium Density Residential designation to the west of the
property.The requested amendment would also be consistent with various goals and
policies included in the Land Use and Housing Elements of the General Plan which seek
to encourage new residential development on vacant or underutilized infill parcels in the
Downtown area while encouraging residential development within employment-rich,
transit accessible locations.
Zone Change:
The property is located in the South Anaheim Boulevard Corridor (SABC) Overlay
zone.The SABC Overlay Zone is intended to provide additional land use options and
development standards for the improvement of the South Anaheim Boulevard Corridor,
consistent with the goals of the area’s Redevelopment Plan. These goals include the
development of a variety of higher-density residential uses along the corridor and retail
and restaurant uses at key intersections.The underlying zoning designation on the
property is Industrial. The applicant proposes to rezone the property to the RM-4
(Multiple Family Residential) zone. This rezoning would implement the proposed
Medium Density Residential designation and would accommodate the proposed 52-unit
condominium complex. The Redevelopment Agency has invested in new housing
developments, infrastructure, historic preservation projects, and commercial
developments in the Downtown area. The requested rezoning would complement and
support the existing and proposed development in the Downtown area, the goals of the
Redevelopment Project area, and ongoing City programs identified in Anaheim’s
Housing Element.Staff recommends approval of the rezoning request.
Conditional Use Permit:
The applicant proposes to construct a 52-unit condominium complexconsisting of 1,2
and 3-bedroom units.Six of the 1-bedroom units would be affordable to low income
households. The project includes two, 3-story auto court buildings. These buildings
would wrap around aninternal auto court providing garage access, and the front doors to
most of the units would be oriented outward towards the adjacent public streets or
GENERAL PLAN AMENDMENTNO. 2009-00478
July 27, 2010
Page 3of 4
internal landscaped paseos.The project also includes four, 3-story townhome buildings
designed with garage access froma private driveway and units that front onto
landscaped paseos.
Condominium projectsdesigned with flexible development standards are permitted in
the RM-4zone, subject to the approval of a conditional use permit. The project has been
evaluated against applicable RM-4 zone development standards and is in compliance
with the exception of lot coverage, minimum front and interior setbacks, and building to
building setback distances. These deviations are fully described in the attached staff
report to the Planning Commission. Staff believes that thesemodificationsare justified
in this case since the amount of recreational and open space provided within the
development significantly exceeds Code requirements,therefore providing adequate
privacy, light and open area within the project. In addition, the buildings will be
embellished with façade treatments such as decorative front porches, a mix of building
colors and materialsand extensive building articulationwhich, combined, provide an
attractive building appearance. An 8-foot high block wall and trees would be provided
along the west property line to buffer the residential units from the adjacent industrial
business.
State Law limits the maximimum number of parking spaces a City may require for
projects that provide a minimum of 10%affordable units. Because this proposal
includes six units that would be affordable for low income families, the State parking
standards are applicable. Under State law the City may require up to 94spaces;
however, the applicant may provide more.The applicant is proposing 96 spaces, and
therefore the project complies with State law.
Tentative Tract Map:
The tentative tract map indicates a 6-lot subdivision to allow for the future construction
of 52 condominium units. The proposed subdivision, including its design and
improvements, is consistent with the proposed Medium Density Residential land use
designation of the Anaheim General Planand applicable zoning standards.
Staff recommends approval of the proposed General Plan amendment and zone change
as they are consistent with various goalsand policies contained in the Land Use and
Housing Elements of the General Planand would complement on-going development
plans for the Downtown area. Staff also recommendsapproval of therequested
conditional use permit and tentative tract map because the project will provide a quality
living environment that is compatible with surrounding land uses.
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There is no impact to the General Fund.
GENERAL PLAN AMENDMENTNO. 2009-00478
July 27, 2010
Page 4of 4
Respectfully submitted,
Sheri Vander Dussen
Planning Director
߬¬¿½¸³»²¬æ
1.Resolution(General Plan Amendment)
2.Resolution (Zoning Reclassification)
3.Ordinance (Reclassification)
4.Resolution (Conditional Use Permit)
5.Resolution (Tentative Tract Map)
6.LocationMaps
7.Applicant’s Letter of Request
8.Planning CommissionStaff Report
9.Planning CommissionMinutes
10.Development Plans
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City of Anaheim
PLANNING DEPARTMENT
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That the City Counciltake the following actions:
1.By motion,determine that a Negative Declaration is the appropriate
environmental determination for this requestper the California Environmental
Quality Act.
2.Adopt a resolutionapprovingGeneral Plan Amendment No. 2010-00479to
change the General Plan land use designation for thesepropertiesfrom the Low-
Medium Density Residential to the Medium Density Residentialdesignation.
3.Adopt a resolution approvingReclassification No. 2010-00237to rezone subject
propertiesfrom the I (SABC) to the RM-4 (SABC) zone.
4.By motion,introduce an ordinance finalizing Reclassification No. 2010-00237.
5.Adopt aresolution approvingConditional Use Permit No. 2010-05484to
construct a36unit affordable condominium project with a deviation in zoning
development standardsand an affordable housing incentive.
6.Adopt a resolution approvingTentative Tract Map No. 17350to establish a 2-lot,
36unit attached condominium subdivision.
Ü×ÍÝËÍÍ×ÑÒæ
This 1-acre site is currently vacant.The General Plan designates this site for Low-
Medium Density Residential land uses. The property is located in the Merged
Redevelopment Project Areaand is owned by the Redevelopment Agency. The
Planning Commissionrecommended Council approval of the requested actions on May
24, 2010.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
GENERAL PLAN AMENDMENT NO. 2009-00479
July 27, 2010
Page 2of 4
General Plan Amendment:
The applicant proposes to amend theGeneral Plan designation from Low-Medium
Density Residential toMedium Density Residentialto accommodate the proposed 36-
unit condominium development.The Low-Medium Density Residential designation
allows up to 18 residential units per acre while the Medium Density Residential
designation allows up to 36 residential units per acre. Staff supports this amendment
request becausethe proposed increase in permitted residential density would be
consistent and compatible with the higher density residential environment planned along
this segment of the South Anaheim Boulevard corridor. In addition, the land uses
immediately adjacent to this site include an industrial use to the north and a newly
constructed electrical substation to the east,across a public alley. Therefore, the
proposed general plan designation would not be incompatible with, or negatively impact,
surrounding land uses. The requested amendment would also be consistent with various
goals and policies included in the Land Use and Housing Elements of the General Plan
which seek to encourage new residential development on vacant or underutilized infill
parcels in the Downtown area while encouraging residential development within
employment-rich, transit accessible locations.
Zone Change:
The property is located in the South Anaheim Boulevard Corridor (SABC) Overlay
zone. The SABC Overlay Zone is intended to provide additional land use options and
development standards for the improvement of the South Anaheim Boulevard Corridor,
consistent with the goals of the area’s Redevelopment Plan. These goals include the
development of a variety of higher-density residential uses along the corridor and retail
and restaurant uses at key intersections. The applicant proposes to rezone the property to
the RM-4(SABC)zone. This rezoning would implement the proposedMedium Density
Residential designation and would accommodate the proposed 36-unit condominium
complex. The Redevelopment Agency has invested in new housing developments,
infrastructure, historic preservation projects, and commercial developments in the
Downtown area. The requested rezoning would complement and support the existing
and proposed development in the Downtown area, the goals of the Redevelopment
Project area, and ongoing City programs identified in the Housing Element. Staff
recommends approval of the rezoning request.
Conditional Use Permit:
The applicant proposes to construct a 36-unit condominium complexconsisting of 1, 2
and 3-bedroom units.Four of the 1-bedroom units would be affordable to low income
households. The project is comprised of two, 3-story auto court buildings. These
buildings would wrap around aninternal auto court providing garage access, and the
front doors to most of the units would be oriented outward towards the adjacent public
streets streets or internal landscaped paseos.Each building would have 18 units.
GENERAL PLAN AMENDMENT NO. 2009-00479
July 27, 2010
Page 3of 4
Condominium projectsdesigned with flexible development standards are permitted in
the RM-4zone, subject to the approval of a conditional use permit. The project has been
evaluated against applicable RM-4 zone development standards and is in compliance
with the exception of lot coverage, minimum front and interior setbacks, and building to
building setback distances. These deviations are fully described in the attached staff
report to the Planning Commission. Staff believes that thesemodificationsare justified
in this case since the amount of recreational and open space provided within the
development significantly exceeds Code requirements, therefore providing adequate
privacy, light and open area within the project. In addition, the buildings will be
embellished with façade treatments such as decorative front porches, a mix of building
colors and materials and extensive building articulation which, combined, provide an
attractive building appearance.
State Law limits the maximimum number of parking spaces a City may require for
projects that provide a minimum of 10% affordable units. Because this proposal
includes six units that would be affordable for low income families, the State parking
standards are applicable. Under State law the City may require up to 64spaces. The
applicant is proposing 64 spaces, and therefore the project complies with State law.
Tentative Tract Map:
The tentative tract map indicates a 2-lot subdivision to allow forthe construction of 36
condominium units. The proposed subdivision, including its design and improvements,
is consistent with the proposed Medium Density Residential land use designation of the
Anaheim General Planand the proposed RM-4 (SABC) zoning.
Staff recommends approval of the proposed General Plan amendment and zone change
as they are consistent with various goalsand policies contained in the Land Use and
Housing Elements of the General Planand would complement on-going development
plans for the Downtown area. Staff also recommends approval of the requested
conditional use permit and tentative tract map because the project will provide a quality
living environment that is compatible with surrounding land uses.
×ÓÐßÝÌ ÑÒ ÞËÜÙÛÌæ
There is no impact to the General Fund.
Respectfully submitted,
Sheri Vander Dussen
Planning Director
߬¬¿½¸³»²¬æ
1.Resolution (General Plan Amendment)
2.Resolution (Zoning Reclassification)
GENERAL PLAN AMENDMENT NO. 2009-00479
July 27, 2010
Page 4of 4
3.Ordinance (Reclassification)
4.Resolution (Conditional Use Permit)
5.Resolution (Tentative Tract Map)
6.LocationMaps
7.Applicant’s Letter of Request
8.Planning CommissionStaff Report
9.Planning CommissionMinutes
10.Development Plans
MAY 23, 2011
PLANNING COMMISSION ACTION AGENDA
Anaheim Planning Commission Agenda –5:00 P.M.
Public Comments: None
Reports and Recommendations
ITEM NO. 1A
CONDITIONAL USE PERMIT NO. 2010-05483A Motion
(DEV2010-00026A)(Seymour/Karaki)
CONDITIONAL USE PERMIT NO. 2010-05484A
(DEV2010-00027A)
Approved
Location:407-425 South Anaheim Boulevard and
518-538 South Anaheim BoulevardVOTE: 6-0
Chairman Faessel and
The applicant requests review of final building elevation and Commissioners Agarwal,
vehicular circulation plans for previously-approved 52 unit and Karaki, Persaud, Ramirez and
36 unit affordable condominium complex projects.Seymour voted yes.
Commissioner Ament was
Environmental Determination: A previously-approved Negative absent.
Declaration has been determined to serve as the appropriate
environmental documentation for this project in accordance
Project Planner:
with the provisions of the California Environmental Quality Act
David See
(CEQA).
dsee@anaheim.net
05/23/11
Page 2of 3
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City of Anaheim
PLANNING DEPARTMENT
There is no new correspondence
regarding this item.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
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[DRAFT]ATTACHMENT NO. 2
RESOLUTION NO. PC2011-***
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT CLASS 3CATEGORICAL EXEMPTION
IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION
ANDDENYING VARIANCE NO. 2011-04845
(DEV2011-00014)
(1658 WEST ORANGEWOOD AVENUE)
WHEREAS, the Planning Commission did receive a verified Petition for
Variance No. 2011-04845 to add a second story apartment unit to an existing 3-unit apartment
complex with reduced setbacks and less parking than required by Codefor certain real property
situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit “A”,
attached hereto and incorporated herein by this reference; and
WHEREAS, this 0.19-acre property is developed with a1-story, 3-unit apartment
complex. The property is located in the RM-4 (Multiple Family Residential) zone and the
Anaheim General Plan designates the property for Medium Density Residential land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on May 23,2011, 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, to hear and consider evidence for and against said conditional
use permit and variance to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, the Planning Commission does further find and determine that the
request for a variance to add a second story apartment unit to an existing 3-unit apartment
complex with reduced setbacks and less parking than required by Codeshould be deniedfor the
following reasons:
SECTION NO. 18.42.040.010Minimum number of parking spaces.
(9spaces required;6spaces proposed).
SECTION NO. 18.06.090.030Minimum interior setback.
(20-35 feet requiredadjacent to the south, east,
and west property lines; 0 to 5 feet proposed).
1.The requested variance is hereby deniedbecause the lot size and configuration is
sufficient to accommodate the density being requested by the applicant without the need for
setback and parking variances.
2.The requested variance is hereby denied because the applicant has not
demonstrated that the strict application of the Zoning Code deprives theproperty of privileges
enjoyed by other properties under identical zoning classification in the vicinitysince other
setback and parking variances have not been granted in the vicinity.
-1-PC2011-***
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15303, 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.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby denyVariance No. 2011-04845.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to theprocessing 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 May 23, 2011.
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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 heldonMay 23,2011,by the following vote of the members thereof:
AYES:COMMISSIONERS:
NOES:COMMISSIONERS:
ABSENT:COMMISSIONERS:
rd
IN WITNESS WHEREOF, I have hereunto set my hand this 23day ofMay, 2011.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-2-PC2011-***
-3-PC2011-***
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ATTACHMENT NO. 4
PROJECT SUMMARY
VARIANCE NO.2011-04845
Development StandardProposed ProjectRM-4Standards
Site Area8,424 s.f.N/A
Density21du/ac36du/acmax.
Recreational Leisure Area1,097s.f.800s.f.min.
Parking6spaces*9spaces
Landscaping and Building See staff reportSee staff report
Setbacks*
Building Height25feet40 feet
*A variance is being requested for reduced parking and interior setback requirements.
MAY 23, 2011
PLANNING COMMISSION ACTION AGENDA
Public Hearing Item:
ITEM NO. 2
VARIANCE NO. 2011-04845Resolution No. 2011-041
(DEV2011-00014)(Seymour)
Location:1658 West Orangewood Avenue
Denied
The applicant proposes to add a second story apartment unit to
an existing 3-unit apartment complex with reduced setbacks and
less parking than required by Code.VOTE: 4-2
Chairman Faessel and
Environmental Determination: The proposed action is Commissioners Agarwal,
Categorically Exempt from the requirement to prepare additional Ramirez and Seymour voted
environmental documentation per California Environmental yeson a resolution to deny
Quality Act (CEQA) Guidelines -Class 3 (New Construction or the request.Commissioners
Conversion of Small Structures).Karaki and Persaud voted
no. Commissioner Ament
was absent.
Project Planner:
David See
dsee@anaheim.net
OPPOSITION:One personspoke in opposition, and one letter was received in opposition,to
the subject request.
Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rightsending at 5:00 p.m. on
Thursday, June 2, 2011.
DISCUSSION TIME:31minutes (5:04to 5:35)
MEETING ADJOURNED AT 5:37P.M.
TO MONDAY, JUNE 6, 2011AT 5:00P.M.
05/23/11
Page 3of 3
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1
Received at the D(21 / 1
Plan Commission n ectitt in connection with
Item No. /�
(ira��(�Medina. Senior Secretary
City of Anaheim
PLANNING DEPARTMENT
There is no new correspondence
regarding this item.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net