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Resolution-PC 2012-065RESOLUTION NO. PC2012 -065 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM DETERMINING THAT A PREVIOUSLY APPROVED NEGATIVE DECLARATION IS THE APPRPRIATE ENVIRONMENTAL DETERMINATION FOR THIS REQUEST AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010 -05483 (DEV2010- 00026B) (401 — 425 SOUTH ANAHEIM BOULEVARD) WHEREAS, on May 24, 2010 and subject to certain conditions of approval, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission "), by its Resolution No. PC2010 -035, did approve Conditional Use Permit No. 2010 -05483 to construct a 52 -unit condominium project to include affordable units, a deviation in zoning development standards, and a density bonus (herein referred to as the "Original CUP ") on that certain real property located at 407 — 425 South Anaheim Boulevard in the City of Anaheim, as legally described on Exhibit A attached hereto and incorporated herein by this reference (the "Property "); and WHEREAS, the Property is currently vacant and is located in the RM -4 (SABC) (Multiple Family Residential; South Anaheim Boulevard Corridor Overlay) zone. Property is designated for Medium Density Residential land uses in the City of Anaheim General Plan; and WHEREAS, the Planning Commission did receive a verified Petition for an amendment to the Original CUP (herein referred to as "Conditional Use Permit No. 2010 - 05483B ") to construct a 60 -unit condominium project to include affordable units, a deviation in zoning development standards, and a density bonus (collectively referred to herein as the "proposed project"); and WHEREAS, the conditions of approval which were the subject of the Original CUP shall be referred to herein collectively as the 'Previous Conditions of Approval; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 10, 2012, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions Chapter 18.60 of the Anaheim Municipal Code, to hear and consider evidence for and against the proposed project to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission finds and determines that the Negative Declaration approved in connection with Conditional Use Permit No. 2010 -05483 is adequate to serve as the required environmental documentation in connection with this request as the requested action will not result in any additional environmental impacts beyond those originally considered and addressed; and - 1 - PC2012 -065 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 pertaining to the request for an amendment to the Original CUP to construct a 60 -unit condominium project to include affordable units, a deviation in zoning development standards, and a density bonus, does find and determine the following facts: 1. That the proposed amendment to the Original CUP to construct a 60 -unit condominium project is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.06.160 (Residential Planned Unit Development) of the Zoning Code. 2. The proposed amendment to the Original CUP to construct a 60 -unit condominium project would not adversely affect the surrounding land uses and the growth and development of the area in which it is proposed to be located because the proposed project is compatible with existing and surrounding land uses. 3. The size and shape of the Property is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because the project maintains good overall project design to enhance the privacy and livability for residents within and around the project. 4. The traffic generated by the proposed residential project use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because 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 108 on -site parking spaces 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 as affordable units. Six units within the development (10 percent of this project) would be affordable for low income families; therefore, the project would qualify for the parking reduction permitted by State Law. A minimum of 108 spaces are required for this project under State Law in compliance with Code. Since 108 on -site spaces are provided, the project provides adequate parking under State law. WHEREAS, the applicant requests approval of modifications of the following code sections to permit modified lot coverage, front yard and interior setbacks, and building to building setbacks: SECTION NOS. 18.06.080.010 Maximum lot coverage. AND 18.06.160.030 (Lot coverage requirement established by conditional use permit; 45% required and 54% proposed). -2- PC2012 -065 SECTION NOS. 18.06.090.010.0101 AND 18.06.160.030 SECTION NOS. 18.06.090.050 AND 18.06.160.030 Minimum front and interior buildinn setbacks. (Setback requirements established by conditional use permit; 15 to 20 -foot front yard setback required and 7.5 to 15 feet proposed; 20 -foot interior setback required and 7.5 feet proposed). Minimum building to building setbacks. (Setback requirement established by conditional use permit; 40 feet required and 20 to 41 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 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. 3. Vehicular and pedestrian access are adequate to allow safe ingress and egress into the site. 4. The project is consistent with applicable design guidelines adopted by the City. 5. The construction of 60 attached condominiums with modified development standards 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. 6. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve Conditional Use Permit No. 2010- 05483B, subject to the conditions of approval described in Exhibit B attached hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the 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. -3- PC2012 -065 BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. BE IT FURTHER RESOLVED that the conditions of approval attached to this Resolution as Exhibit B amends the Previous Conditions of Approval and, except as specifically amended hereby, the Previous Conditions of Approval shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the conditions of approval attached to this Resolution as Exhibit B and the Previous Conditions of Approval, the conditions of approval attached to this Resolution as Exhibit B shall control and govern the Property. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 10, 2012. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 ( " Zoning Provisions - General") of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM CITY PUNNING COMMISSION ATTEST: - zl — SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2012 -065 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 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 September 10, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL, PERSAUD IN WITNESS WHEREOF, I have hereunto set my hand this 10 day of September, 2012. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC2012 -065 EXHIBIT "A" DEV NO. 2010- 00026B APN: 037 - 022 -19 037 - 022 -21 037 - 022 -16 037 - 022 -18 037 - 022 -15 037 - 022 -17 037 - 022 -20 N N 2 0 e BR 2 ���E✓ FNtp -PNA -STS, r - 6 - PC2012 -065 ® 0 50 ' 00 Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is + / - two to five feet. EX FHBIT `B" AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010-05483 (CONDITIONAL USE PERMIT NO. 2010-05483B) (DEV2010- 00026B) NO. C CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 1 All plumbing or other similar pipes and fixtures located on Planning 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. 2 All 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. 3 Locations for future above - ground utility devices including, Planning 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. 4 The 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. A copy of the recorded covenant shall be submitted to the Planning Services Division. 5 Plans 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. 6 All backflow equipment shall be located above ground Planning 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 -7- PC2012 -065 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 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. 7 Electric system plans, electrical panel drawings, site plans, Public Utilities - elevation plans, and related technical drawings and Electrical specifications shall be submitted to the Electrical Engineering Division of the Public Utilities Department to establish electrical service. 8 Any required relocation of City electrical facilities shall be Public Utilities - provided. Landscape and/or hardscape screening of all pad- Electrical mounted equipment shall be required and shall be shown on plans submitted for building permits. 9 A Water Quality Management Plan (WQMP), as described in Building Drainage Area Management Plan for Orange County, shall be submitted to the Public 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. 10 The WQMP shall: Building • Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the property owner /developer is prepared to implement all non - structural BMPs described in the Project WQMP. • Demonstrate that an adequate number of copies of the approved Project WQMP are available on site. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 11 All 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. -8- PC2012 -065 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 12 Plans shall be submitted showing stop control for the private Public Works — street at Elm Street and Santa Ana Street. Subject property Traffic shall thereupon be developed and maintained in accordance with said plans. 13 All requests for new water services or fire lines, as well as Public Utilities - any modifications, relocations, or abandonment of existing Water water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 14 All 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. If the existing services are no longer needed, they shall be abandoned. 15 A water system master plan, including a hydraulic distribution Public Utilities - network analysis, shall be submitted for Public Utilities Water 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. 16 Since 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. 17 A detailed water usage analysis and building plans shall be Public Utilities - submitted for Public Utilities Water Engineering review and Water 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. 18 Improvement plans shall be submitted for Public Utilities Public Utilities - Water Engineering review and approval in determining the Water conditions necessary for providing water service to the project. 19 Water 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 in a form approved by the City Attorney, shall be posted with the City of Anaheim. -9- PC2012 -065 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 20 Individual 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 a legal association of all the properties served is 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 payment of all water utility service provided and the individual responsibility of all association members. 21 The 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. 22 The developer shall revise and resubmit all previously approved Public Works — grading, street, storm and sewer improvement plans for Elm Development Street, Santa Ana Street, and Anaheim Boulevard to the Public Services Works Department, Development Services Division. All Public Works improvements shall be constructed prior to final building and zoning inspection. PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS 23 The WQMP shall: Building • Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the property owner /developer is prepared to implement all non - structural BMPs described in the Project WQMP. • Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 24 Fire lanes shall be posted with "No Parking Any Time." Said Fire information shall be specifically shown on plans submitted for building permits. _10- PC2012 -065 - 11 - PC2012 -065 CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF NO. BY 25 A stop sign shall be installed and stop legend shall be painted Public Works — on the private drive in the northbound direction at Elm Street Development and in the southbound direction at Santa Ana Street. Services 26 A railroad crossbuck sign shall be installed on the private Public Works — drive at Santa Ana Street. Traffic 27 If necessary, the developer shall be responsible for removing Public Works — and relocating any traffic signal infrastructure at the Traffic intersection of Santa Ana Street and Anaheim Boulevard, at the developer's expense, as illustrated in the approved street improvement plans. GENERAL 28 Any tree planted on -site shall be replaced in a timely manner Code in the event that it is removed, damaged, diseased and/or Enforcement dead, That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of discovery. 29 The 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 — 15, and as conditioned herein. - 11 - PC2012 -065