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Resolution-PC 2011-091RESOLUTION NO. PC2011 -091 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2011 -05557 (DEV2011- 00032) (SOUTHEAST CORNER OF KROEGER STREET AND SANTA ANA STREET) WHEREAS, the Anaheim City Planning Commission (hereinafter "Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2011 -05557 to permit the construction of 226 attached condominiums, including some affordable units, with a deviation in zoning development standards and a density bonus with zoning incentives for that certain real property located at the southeast comer of Kroeger Street and Santa Ana Street in the City of Anaheim, County of Orange, State Of California, as more particularly shown in Exhibit "A ", attached hereto and incorporated herein by this reference (the "subject property "); and WHEREAS, the 12 -acre subject property is currently vacant and is located in the RM -4 (Multiple Family Residential) Zone. The Anaheim General Plan designates this property for Medium Density Residential land uses; and WHEREAS, Conditional Use Permit No. 2011 -05557 is proposed in conjunction with Tentative Tract Map No. 17422; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 21, 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 "Procedures ", to hear and consider evidence for and against said proposed conditional use permit and variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for an amendment to the conditional use peinnit and a variance, does find and determine the following facts: The applicant requests approval of Conditional Use Permit No. 2011 -05557 with deviations from the following code sections to permit reduced front yard and building to building setbacks: SECTION NOS. 18.06.090.010.0102 AND 18.06.160.030 Minimum front yard setback. (Setback requirement established by conditional use permit; 15 feet required along public and private streets; 3 to 8 feet proposed for the buildings and 1 foot proposed for the patio walls). - 1 PC2011 -091 SECTION NOS. 18.06.090.050 AND 18.06.160.030 Minimum building to building setback. (Setback requirement established by conditional use permit; 30 feet required; 13 feet proposed). 1. The uses within the project are compatible because all proposed uses are residential and consistent with the existing neighborhood characteristics. 2. The proposed structures related to the project are compatible with the scale, mass, bulk, and orientation of existing buildings in the surrounding area and further conform with the provisions of the proposed zoning; the site; 3. Vehicular and pedestrian access are adequate to allow safe ingress and egress into 4. The construction of 226 attached condominiums with reduced front and building to building setbacks will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because surrounding properties are also developed with residential uses with similar densities. 5. The impact upon the surrounding area is minimal because this development provides an aesthetically pleasing point of entry, streetscape and quality units which enhances the overall community and; 6. The project complies with the General Plan and Subdivision Map Act; and 7. The size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety and 226 attached condominium units are consistent with the neighborhood characteristics and surrounding land uses. 8. The traffic generated by the proposed residential subdivision will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the volume of traffic planned for the streets and highways in the area. 9. State Law includes specific parking standards for projects that provide a minimum of 10% affordable units. Because this project includes 57 units (25 %) that would be affordable for low and moderate income families, the State parking standards are applicable and require a minimum of 447 spaces. Since 515 spaces are provided, the project complies with State law. NOW, THEREFORE, BE IT RESOLVED, the Planning Commission 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 2 PC2011 -091 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. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2011- 05557, subject to the conditions of approval as stated in Exhibit `B" attached hereto and incorporated herein by this reference, which conditions are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that the Conditional Use Permit No. 2011 - 05557, is hereby approved subject to the approval of Tentative Tract Map No. 17422, now pending. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. 3 PC2011 -091 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 21, 2011. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Mt. rricipal Code pertaining to appeal procedures and may be replaced by a City Council Resolutio in ti e event of an appeal. ATTEST: i� G s ?'�: —ate f �' C -`^ —,• SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) CHAIRMAN, A AHEIM CITY P G COMMISSION I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on November 21, 2011, . by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 21 day of November, 2011. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 PC2011 -091 E11, - B1 T "A" DEV NO. 20111 -00932 APN: 037 - 124 -05 037- 123 -21 037 - 123 -03 037 - 124 -04 037 - 301 -26 037 - 124 -01 037 - 124 -02 037 - 124 -03 037 - 123 -06 �W1TER 5� P t Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. 5 PC2011 -091 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 1 All backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets and alleys. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Said information shall be shown on plans and approved by Water Engineering and the Cross Connection Control Inspector before submittal for building permits. Public Utilities - Water Engineering, Planning 2 All requests for new water services, as well as any modification, relocations, or abandonments of existing water services, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. All existing water services shall conform to current Water Services Standards Specifications. Any water service 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 owner /developer shall be responsible for the costs to upgrade or to abandon any water service. Public Utilities, Water Engineering 3 If this project's common area has new landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19 of Anaheim municipal Code and Ordinance No. 5349 regarding water conservation. Public Utilities, Water Engineering 4 The legal property owner shall irrevocably offer to dedicate to the City of Anaheim (Water Engineering Division) an Easement twenty (20) feet in width for water mains, meters, fire hydrants and other public water facilities inside the property. City will not be responsible for replacement of private street hardscape during repair, replacement or maintenance of water facilities. To that end, the following language shall be included in the water facilities easement deed: Property owner shall effectuate and pay the costs for removal, repair or restoration of any materials within the water facilities easement area, including but not limited to, decorative /architectural features, concrete, stamped or colored concrete, brick, tile, stone, pavers, rock, slate, turf block, bio swales, walls, monuments or other decorative architectural material in addition to or in place of standard asphalt. Property owner shall be responsible for the repair and /or replacement of the affected materials at no cost to City. City will only backfill to grade with dirt or install temporary pavement material within that portion of the easement affected by its work. Public Utilities, Water Engineering EXHIBIT "13" CONDITIONAL USE PERMIT NO. 2011-05557 (DEV2011- 00032) 6 PC2011 -09 1 5 Prior to submitting the water improvement plans for approval, the developer /owner shall submit to the Public Utilities Water Engineering an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off -site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. Public Utilities, Water Engineering 6 Water improvement plans shall be submitted to the Water Engineering Division for approval and a performance bond in the amount approved by the City Engineer and from approved City Attorney shall be posted with the City of Anaheim. Public Utilities, Water Engineering 7 The emergency vehicular access lane shall be paved and accessible to the City's water utility emergency repair and maintenance equipment at all times. Public Utilities, Water Engineering 8 The developer shall submit a water system master plan, including a hydraulic distribution network analysis, to the Water Engineering Division for 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. Public Utilities, Water Engineering 9 No public water mains or public water facilities shall be installed in any paseos or decorative hardscape /paved areas. Public Utilities, Water Engineering 10 Public water mains and public water facilities shall not be permitted in private alleys and /or driveways. Public Utilities, Water Engineering 11 Water main looping inside the project boundaries shall be provided. Public Utilities, Water Engineering 12 Separate services and systems shall be installed for private domestic and fire water facilities. Public Utilities, Water Engineering 13 All fire services two inches and smaller shall be metered with a UL listed meter, Hersey Residential Fire Meter with Translator Register, or approved equal. Public Utilities, Water Engineering -7 PC2011 -091 14 Units may be "master metered ", provided there is a legal association all of those properties /units served that is recorded with the Orange County Recorder. The association's CC &R's shall contain provisions that define the perpetual responsibility for the payment of all water utility services provided and the individual responsibility of all association members. Public Utilities, Water Engineering 15 Large water meters shall be located on private property in an easement, outside of the required setback area. Public Utilities, Water Engineering 16 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. Public Utilities, Electrical Engineering 17 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. Public Utilities, Electrical Engineering 18 Prior to connection of electrical service, the legal owner shall submit payment to the City of Anaheim for service connection fees. Public Utilities, Electrical Engineering 19 Plans shall be submitted showing stop control for the private street intersection at Santa Ana Street and for the internal private street intersections. Subject property shall thereupon be developed and maintained in conformance with said plans. Public Works, Traffic and Transportation 20 Prior to the issuance of the first building permit, excluding the model homes, a final tract map shall be submitted to and approved by the City of Anaheim Department of Public Works and the Orange County Surveyor for technical review. All applicable conditions of approval shall be complied with and said map shall be filed in the Office of the Orange County Recorder. Public Works, Development Services 21 Street improvement plans, including landscaping and irrigation, shall be submitted for improvements along the frontage of Valencia Street, Water Street, Santa Ana Street, Kroeger Street, private streets "A" and "C" and private alley "B ". The full right - of-way width for Private streets "A" and "C" shall be designed per option 3 of City Standard 162, with Parking Permitted on one side, except for the parkway width which shall be 4.5 feet minimum. Public Works, Development Services -8 PC2011 -091 22 Sewer improvement plans shall be submitted for the diversion connection at Olive and Water Street. The diversion shall connect the existing 8 inch diameter line, in Water Street east of Olive Street, with the 15 inch diameter line in Water Street west of Olive Street. Sewer manholes SW084224 and SW084222, respectively. The diversion shall include a 12 inch diameter Extra Strength VCP, a minimum 2% slope, match flow lines, and create trough in manholes bases where required. The 12 inch diameter VCP at manhole SW084266, flowing south in Olive Street, shall not be "plugged ". A permanent separation wall shall be constructed at this manhole to allow flow to reach this southerly line in the event of a surcharge. Public Works, Development Services 23 The developer shall enter into an unsubordinated recorded agreement with the City of Anaheim pursuant to California Government Code Section 65915 to provide a minimum of fifty seven (57) units to be sold as affordable 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 forty five (45) years from the date of issuance of occupancy permits. A copy of the recorded covenant shall be submitted to the Planning Services Division. Planning PRIOR TO ISSUANCE OF A GRADING PERMIT 24 The applicant shall submit to the Planning — Building Division for review and approval a Water Quality Management Plan that: • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. • Incorporates Treatment Control BMPs as defined in DAMP. • Describes the long -term operation and maintenance requirements for the Treatment Control BMPs. • Identifies the entity that will be responsible for long -term operation and maintenance of the Treatment Control BMPs, and describes the mechanism for funding the long -term operation and maintenance of the Treatment Control BMPs. Planning, Building Division 25 The OWNER shall demonstrate that coverage has been obtained under California's General Permit for Stormwater Discharges Associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Water Discharge Identification (WDID) Number. The OWNER shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall be kept at the project site and be available for City review on request. Planning, Building Division 9 PC2011 -091 PRIOR TO THE FINAL BUILDING INSPECTIONS 26 The required street right -of -way improvements shall be installed prior to final zoning and building inspection. Public Works, Development Services 27 The property owner /developer shall: submit the Final As- Graded Grading Plan and demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. Planning, Building Division 28 Prior to final building and zoning inspection, the applicant shall: • Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the applicant is prepared to implement all non- structural BMPs described in the Project WQMP. • Demonstrate that an adequate number of copies of the approved Projects WQMP are available onsite. Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. Planning, Building Division 29 Fire lanes shall be posted with "No Parking Any Time." Said information shall be specifically shown on plans submitted for building permits. Public Works, Traffic and Transportation 30 A stop sign shall be installed and stop legend shall be painted on the private streets in the eastbound direction at the easternmost private drive intersection, in the northbound and southbound directions at the western private street intersection, and in the northbound direction at Santa Ana Street on the west private street. Public Works, Traffic and Transportation 31 The recordation of a Save Harmless in -lieu of Encroachment Agreement is required for any private storm drains connecting to a City storm drain. Public Works, Development Services 32 ADA compliant curb access ramps with tnuicated domes shall be constructed at Santa Ana Street, Kroeger Street, Valencia and the Private Streets in conformance with Public Works Standard Detail 111 -3. Public Works, Traffic and Transportation GENERAL - 10 - PC2011 -091 33 Ongoing during business operations, the developer shall be responsible for restoring any special surface improvements other than asphalt paving within the right -of -way and City easements, including but not limited to colored concrete, bricks, porous asphalt and concrete, pavers, hardscape, lighting irrigation, and landscaping that becomes damaged during any excavation, repair, or replacement of City owned water facilities. Provisions for the restoration and maintenance of all said special surface improvements shall be included in the recorded Master CC &R's for the project. These requirements shall be included in all easement deeds for water facilities. Public Utilities, Water Engineering 34 The location of trash and recycle barrels to be collected on trash collection day, and the storage 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 information shall be specifically shown on the plans submitted for building permits. Public Works Department, Streets and Sanitation 35 On going during project operation, no parking areas shall be fenced or otherwise enclosed for outdoor storage purposes. Code Enforcement 36 Prior to commencement of structural framing, fire hydrants shall be installed and charged as required and approved by the Fire Department. Fire Department 37 An all- weather access road as approved by the Fire Department shall be provided during construction. Fire Department 38 Fire hydrants shall meet minimum Fire Department Specifications and Requirements for spacing, distance to structure and available fire flow. Fire Department 39 Emergency vehicular access shall be provided and maintained in accordance with Fire Department Specifications and Requirements. Fire Department 40 This condition was deleted at the public hearing. 41 The subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 23, as conditioned herein. Planning Division - 11 - PC2011 -091.