Loading...
Resolution-PC 2017-051RESOLUTION NO. PC2017-051 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING MISCELLANEOUS CASE NO. 2017-00649 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2017-00004) (1248 EAST LINCOLN AVENUE AND 1241 EAST BROADWAY) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified application for a density bonus for a proposed housing development (the "Density Bonus Application") on certain real property located at 1248 East Lincoln Avenue and 1241 East Broadway in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Density Bonus Application, designated as "Miscellaneous Case No. 2017-00649", was submitted in conjunction with a petition for approval of Reclassification No. 2017-00303 to construct a 54 -unit senior apartment complex (the "Project"), with all of the apartment units (the "Density Bonus Units") offered for rent to "extremely low, very low, and low income tenants", as defined in Section 50093 of the California Health and Safety Code, at an "affordable housing cost", as defined in Section 50052.5 of the California Health and Safety Code; and WHEREAS, in consideration for providing housing affordable to extremely low, very low, and low income tenants, the applicant has requested a density bonus with certain development concessions and incentives, including waivers or reductions of development standards, which the applicant has represented are necessary to provide affordable housing costs for the Density Bonus Units; and WHEREAS, the Project, Miscellaneous Case No. 2017-00649 and Reclassification No. 2017-00303 shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, on May 15, 2017, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Anaheim Municipal Code (the "Code"), to hear and consider evidence for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for "projects", as that term is defined in Section 15378 of the CEQA Guidelines; and - 1 - PC2017-051 WHEREAS, the Planning Commission finds and determines that the Proposed Project is within that class of projects (i.e., Class 32 — In -fill Development projects) which consists of in -fill development meeting the conditions described in Section 15332 of the CEQA Guidelines; that is, (a) the project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations, (the proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses, (c) the project site has no value as habitat for endangered, rare or threatened species, (d) approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality, and (e) the site can be adequately served by all required utilities and public services. The Planning Commission finds and determines that the Property is located within an "urbanized area", as that term is defined in Section 15387 of the CEQA Guidelines, and meets the aforementioned conditions and will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposal is for 54 units on a 1.1 -acre project site, which is a 35 percent density bonus, is the maxmim allowed by Code; and 2. That the following Tier Two concessions and incentives are necessary to provide 100 percent of the apartment units within the Project for rent at an affordable cost to extremely low, very low, and low income tenants under Section 18.52.090 of Chapter 18.52 (Density Bonuses) of the Code: (i) a reduction in the minimum interior setback requirement along the east, south, and west property lines where an 11 -foot building setback along the east property line is proposed and a 20 -foot building setback would be required, and a 15'-4" building setback along the south property line is proposed and a 20 -foot building setback would be required, and where a 0 -foot landscape setback along the south property line is proposed and a 5 -foot landscape setback would be required; (ii) a reduction in the minimum floor area for a one bedroom units where a 520 square foot floor area is proposed and a 700 square foot minimum floor area would be required; and 3. That granting of the the density bonus or incentives will not have a specific adverse impact upon public health and safety or on the physical environment, or on any real property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to moderate income households. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. - 2 - PC20t7-051 NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this Planning Commission, for the reasons hereinabove stated, does hereby approve Miscellaneous Case No. 2017-00649 subject to the conditions of approval described in Exhibit B attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED that amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) 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 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 delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 15, 2017. ?04�1'-2z CHAIRPERSON, PLANNING OMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 3 - PC2017-051 STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on May 15, 2017, by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, DALATI, GILLESPIE, KEYS, LIEBERMAN, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: CARBAJAL IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of May, 2017. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2017-051 EXHIBIT "Aft DEN" NO. 2017-00004 Source: Recorded Traci Me" aft&or"GIS F;;;. F'IeBSt iK11e the accuracy 45 +J- two to IrvE; lea1 - 5 - PC2017-051 EXHIBIT "B" MISCELLANEOUS PERMIT NO. 2017-00649 (DEV2017-00004) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL 1 With the exception of the one (1) manager's unit, all units in the Project Planning and Building shall be occupied by qualified "Senior Citizens" and "Senior Department, Households", which terms mean a household where at least one (1) person Planning Services in residence is sixty-two (62) years of age or older or a "qualified Division permanent resident" or a "permitted health care resident" meeting the provisions under California Civil Code Section 51.3 (b). 2 The property owner shall irrevocably offer to dedicate to the City of Public Works Anaheim an easement 53 feet in width from the centerline of Lincoln Department, Avenue. Development Services Division 3 The following minimum horizontal clearances shall be maintained Public Utilities between proposed water laterals, meters, devices and other facilities: Department, • 10 -feet minimum separation (outside wall -to -outside wall) from Water Engineering sanitary sewer mains and laterals Division • 5 -feet minimum separation from all other utilities, including storm drains, gas, and electric • 5 -feet minimum from driveway approaches and curb returns. • 10 -feet minimum separation from structures, footings, and trees, and stormwater BMP's. 4 No public water mains or laterals shall be allowed under parking stalls or Public Utilities parking lots. Department, Water Engineering Division 5 Any new water service connections shall be made to the 12 -inch ductile Public Utilities iron water main on Lincoln Avenue. No new connections shall be allowed Department, on the existing 8 -inch cast iron water main. Water Engineering Division 6 That curbs adjacent to the drive aisles shall be painted red to prohibit Public Works parallel parking in the drive aisles. Red curb locations shall be clearly Department, labeled on building plans. Traffic Engineering Division 7 California MUTCD sign R3-2 shall be installed to prohibit left -turns out Public Works of the driveway. Department, Traffic Engineering Division 8 The subject property shall be developed substantially in accordance with Planning and Building the plans and specifications submitted to the City of Anaheim by the Department, applicant and which plans are on file with the Planning Department, Planning Services Division - 6 - PC2017-051 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT including Tract Map, Site Plan, Floor Plans, and Elevations, and as conditioned herein. 9 Approval of this application constitutes approval of the proposed request Planning and Building only to the extent that it complies with the Anaheim Municipal Zoning Department, Code and any other applicable City, State and Federal regulations. Planning Services Approval does not include any action or findings as to compliance or Division approval of the request regarding any other applicable ordinance, regulation or requirement. 10 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as "Indemnitees") from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 11 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. PRIOR TO ISSUANCE OF A GRADING PERMIT 12 The property owner shall submit project improvement plans that Public Works incorporate the required any drainage improvements and the mechanisms Department, proposed in the approved Drainage Report. No offsite run-off shall be Development Services blocked during and after grading operations or perimeter wall Division construction. 13 A Grading plan shall be submitted to the Department of Public Works, Public Works Development Services Division for review and approval. Department, Development Services Division 14 That the developer/owner shall submit a set of improvement plans for Public Utilities Public Utilities Water Engineering review and approval in determining Department, the conditions necessary for providing water service to the project. Water Engineering Division 15 Any tree planted on-site shall be replaced in a timely manner in the event planning and Building that it is removed, damaged, diseased and/or dead. That the property shall Department, be permanently maintained in an orderly fashion by providing regular - 7 - PC2017-051 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT landscape maintenance, removal of trash or debris, and removal of graffiti Planning Services within two (2) business days from time of discovery. Division 16 Prior to the issuance of any Grading and Building Permits for an Community and Affordable Rental Housing Development, the Developer shall execute Economic and record against the development site a Density Bonus Housing Development Agreement that sets forth the terms and conditions of approval of said Department Density Bonus. The Density Bonus Housing Agreement shall be binding on the Developer and all future owners and successors in interest thereof. PRIOR TO ISSUANCE OFA BUILDING PERMIT 17 All plumbing or other similar pipes and fixtures located on the exterior of Planning and Building the building shall be fully screened by architectural devices and/or Department, appropriate building materials. Said information shall be specifically Planning Services shown on the plans submitted for building permits. Division 18 All air-conditioning facilities and other ground -mounted equipment shall Planning and Building be properly shielded from view and the sound buffered from adjacent Department, residential properties. Said information shall be specifically shown on the Planning Services plans submitted for building permits. Division 19 Locations for future above -ground utility devices including, but not Planning and Building limited to, electrical transformers, water backflow devices, gas, Department, communications and cable devices, etc., shall be shown on plans Planning Services submitted for building permits. Plans shall also identify the specific Division 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. 20 That a private water system with separate water service for fire protection Public Utilities and domestic water shall be provided and shown on plans submitted to Department, the Water Engineering Division of the Anaheim Public Utilities Water Engineering Department. Division 21 That water submetering shall be furnished and installed by the Public Utilities Owner/Developer and a water submeter shall be installed to each Department, individual unit. Provisions for the ongoing maintenance and operation Water Engineering (including meter billing) of the submeters shall be the responsibility of Division the Owner/Developer and included and recorded in the Master CC & Rs for the project. 22 That all backflow equipment shall be located above ground outside of the Public Utilities street setback area in a manner fully screened from all public streets and Department, alleys. Any backflow assemblies currently installed in a vault will have Water Engineering to be brought up to current standards. Any other large water system Division equipment shall be installed to the satisfaction of the Water Engineering Division outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown - 8 - PC2017-051 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT on plans and approved by Water Engineering and Cross Connection Control Inspector. 23 That all requests for new water services, backflow equipment, or fire Public Utilities lines, as well as any modifications, relocations, or abandomnents of Department, existing water services, backflow equipment, and fire lines, shall be Water Engineering coordinated and permitted through Water Engineering Division of the Division Anaheim Public Utilities Department. 24 That all existing water services and fire services shall conform to current Public Utilities Water Services Standards Specifications. Any water service and/or fire Department, line that does not meet current standards shall be upgraded if continued Water Engineering use is necessary or abandoned if the existing service is no longer needed. Division The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 25 That the developer/owner shall submit to the Public Utilities Department Public Utilities Water Engineering Division an estimate of the maximum fire flow rate Department, and maximum day and peak hour water demands for the project. This Water Engineering information will be used to determine the adequacy of the existing water Division 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.1 of the Water Utility Rates, Rules, and Regulations. 26 Owner shall install an approved backflow prevention assembly on the Public Utilities water service connection(s) serving the property, behind property line and Department, building setback in accordance with Public Utilities Department Water Water Engineering Engineering Division requirements. Division 27 Street improvement plans shall be submitted for improvements along the Public Works frontage of Lincoln Avenue. Improvements shall conform to the City Department, Standards and as approved by the City Engineer. Parkway landscaping Development Services and irrigation shall be installed. Improvement bond shall be posted in an Division amount approved by the City Engineer and in a form approved by the City Attorney. A cash in lieu in an amount approved by the City Engineer and sufficient to pay for the required curb widening, and shall be paid to the City of Anaheim prior to certification of occupancy. 28 A lot line adjustment and certificate of compliance shall be required prior Public Works to issuance of the building permit. Department, Development Services Division 29 Traffic control plans will need to be submitted for review and approval Public Works with the Right -of -Way Construction Permit. Pedestrian access shall be Department, maintained on both sides of Lincoln Avenue due to proximity to Lincoln Traffic Engineering Elementary School. Additionally, work hours may be limited to outside Division of school hours. Any proposed field changes from the approved Traffic - 9 - PC2017-051 NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT Control plans shall be coordinated with the Construction Services Inspector and submitted to Traffic Engineering for review and approval. PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 30 All required WQMP items shall be inspected and operational. Public Works Department, Development Services Division 31 All required public street, sidewalk, landscaping, irrigation, sewer and Public Works drainage improvements shall be constructed prior to final building and Department, zoning inspections and are subject to review and approval by the Development Services Construction Services inspector. Division -10- PC2017-051