Resolution-PC 2005-94s ~
RESOLUTION NO. PC2005-94
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2005-04652 BE GRANTED
(802-808 EAST BROADWAY, 801 EAST SANTA ANA STREET
AND 4Q9-421 SOUTH VINE STREET)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Variance
for certain real property situated in the City of Anaheim, County of Orange, State of California described as:
LOTS 1 AND 2 IN BLOCK H OF THE LORELEI TRACT, IN THE CITY OF ANAH~IM,
COUNTY OF ORANGE, S7ATE OF CAUFORNIA, AS PER MAP RECORDED IN BOOK 29,
PAGE 24, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY CALIFORNIA.,
LOT 3 IN BLOCK "H' OF LORELEI TRACT, W THE CITY OF ANAHEIM, COUNTY OF
ORANGE, S7ATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 29, PAGE 24,
MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY CALIFORNIA.
L07S 4, 5, 6, 7, 8, 9, 10, 11 AND 12 IN BLOCK "H" OF THE LORELEI TRACT, CITY OF
ANAHEIM, COUNTY ~F ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 29, PAGE 24, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY
CALIFORN IA.
LOTS 13, 14 AND 15 IN BLOCK "H" OF THE LORELEI TRACT, CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 29,
PAGE 24, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY CALIFORNIA.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on June 13, 2005, at 2:00 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 variance and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said 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 petitioner proposes waivers of the following to construct a 3-story, 60 unit affordable
apartment complex:
(a) SECTION NO. 18.06.090.010.0102 Minimum front vard setback. (20 feet required
along Broadway; 18 feet, 8 inches to 29 feet
proposed).
(b) SECTION NO. 18.06.090.060 Maximum and minimum buildinq wall lenath.
(Maximum 20 feet and minimum 12 feet required;
45 and 7 feet proposed).
(c) SECTION NO. 18.40.060 Improvement of public riqht of wav. (8 foot
parkways along Vine Street and Santa Ana Street
required; 5 foot parkway proposed).
(d) SECTION NO. 18.42.030.020.0206 Type of parkinq spaces. (Enclosed garages not
permitted; 62 garage spaces proposed).
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- (e) SECTION NO. 18.46.060 Required parkina lot landscapinp. (Landscape
~' break required for every 10`parking spaces; no
{andscape breakproposed).
(f) ' SECTION NO. 18.46.910.030 Maximum wall heiqht. (8 feet high permitted; 14'
feet high proposed along the west property line). ,
(g} SECTION NO. 18.58.050.010 Minimum number of parkinq spaces. 117
required; 106 proposed).
(h) SECTION NO. 18.58.060.010 Minimum interior setback. (15'feet required; 9
feet, 6 inches to 17 feet 4 inches proposed).
2. That the above-mentioned waivers are hereby granted on basis that there are special
circumstances applicable to the property such as size, shape, topography, location and surroundings which
do not apply to other identically zoned property in the same vicinity; and that strict application of the Zoning
Code deprives the property of privileges enjoyed by other properties in the identical zone and classification in
the vicinity.
3. That there are exceptional or extraordinary circumstances or conditions appficable to the
property involved or to the intended use of the property, including constraints such as a narrow lot depth,
three street frontages, and close proximity to a railroad track, that do not apply generally to the property or
class of use in the same vicinity and zone.
4. That the requested variance is necessary for the preservation and enjoyment of a substantial
property right possessed by other property in the same vicinity and zone, and denied to the property in
question.
5. That the requested variance will not be materially detrimental to the public welfare or
injurious to the property or improvements in such vicinity and zone in which the property is located.
6. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to subject petition.
CAUFORNIA ENVIRONMENTAL QUALITY ACT FINDfNG: That the Anaheim Planning
Commission has reviewed the proposal to construct a 3-story, 60 unit affordable apartment complex and
does hereby find that a 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 Planning Commission does
hereby grant subject Petition for Variance, upon the following conditions 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:
1. That the City of Anaheim Sewer Impact Mitigation fee for the Old Town Basin 8 Area shall be paid.
2. That as a condition of the abandonment of the existing northerly alley, the legal property owner shall
relocate the existing sewer and reserve an easement for public sewer purposes.
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3. That the property owner shall irrevocably offer to dedicate to the City of Anaheim an easement 45- feet in
width {5' feet additional dedication from'existing right-of-way) from the construction centerline of the street
along Broadway for road, public utilifies and other public purposes.'Corner cut-off dedications are also
required on Vine Street at Broadway and Santa Ana Street.
4. That the applicant shall submit to the Public Works Department Development Services 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 fhe Drainage Area
Management Plan. _
• lncorporates Treatment Control BMPs as defined in the DAMP.
• Describes the long-term operation and maintenance requirements for the Treatment Control BMPs.
• ldentifies #he entity that will be responsible for long-term operation and maintenance of the
Treatment Control BMPs, and
• Describes the mechanism for #unding the long-term operation and maintenance of the Treatment
Control BMPs.
5. That 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 Project WQMP are available
onsite.
• Submit for review and approval by the City an Operation and Maintenance Plan for all structural
BMPs.
6. That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City
Engineer in conformance with Engineering Standard No. 115. Said information sha11 be spec~cally shown
on plans submitted for building permits.
7. That gates shall not be installed across the driveway in a manner which may adversely affect vehicular
traffic in the adjacent public street. {nstal{ation of any gates shall conform to Engineering Standard Plan
No. 475 and shall be subject to the review and approval of the City Traffic and Transportation Manager
prior to issuance of a building permit.
8. That plans shall be submitted to the City Traffic and Transportation Manager#or his review and approval in
conformance with the Engineering Standard No. 115 pertaining to sight distance visibility for the sign or
wall/fence locations. -
9. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval
showing conformance with the current version of Engineering Standard Plan Nos. 436 and 470 pertaining
to parking standards and driveway locations. Subject property shall thereupon be developed and
maintained in conformance with said plans.
10. That no required parking area shall be fenced or otherwise enclosed for storage uses.
11. That no compact parking spaces sha{{ be permitted. ,
12. That an on-site trash truck turn around area shall be provided per Engineering Standard Detail No. 476
and shown on plans as required by the Department of Public Works, Sanitation Division. Said information
shall be specifically shown on plans submitted for building permits.
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13. That trash storage areas shall be provided and maintained in a locatiorr acceptable to the Public Works
Department, Streets and Sanitation Division and in accordance with approyed plans on file with said
Department. Said storage areas shall be designed, located and screened so as not to be readily
identifiable#rom adjacent streets or highways. The wails of the storage areas shall be protected from
graffiti opportunities by the use of plant materials such' as minimum 1-gallon size clinging vines planted on
maximum 3-foot centers or tall shrubbery. Said information shall be speci~cally shown on the plans
submitted for building permits. " .
14. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the
Public Works Department, Streets and Sanitation Division for review and approvaL
15. ' That the locations for future above-ground utiVity devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on
pfans 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 fhe review and approval of the appropriate City departments. :
16. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonment of existing water services and fire lines, shalL be coordinated through the Water Engineering
Division of the Anaheim'Public Utilities Department.
17. 7hat all existing water services and ~re lines sfiall conform to current Water Services Standards ,
Specifications. Any water service and/or fire line that does not meet current standards shali be upgraded if
continued use is necessary or abandoned if the existing service is nolonger needed. The ,
owner/developer shall be responsible for the costs to upgrade or#o abandon any water service or fire line.
18. That since this project has landscaping area exceeding 2,500 square feet, a separate irrigation meter shaU
be installed and comply with City Ordinance No. 5349 and Chapter 10.19 of Anaheim Municipal Code.
' Said information shall be specifically shown on plans submitted for building permits.
19. That prior to application for water meters, fire line or submitting the water improvement plans for approval,
the developer/owner shall submit to the Public Utilities Water Engineering Division an estimate of the
maximum fire flow rate and maximum day and peak hour water demands for the project. This information
will be used to determine the adequacy of the existing water system to provide the estimated water
demands. Any off-site water system improvements required to serve the project shall occur in accordance
with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations.
20. That the property owner/developer shall install street lights on Vine Street as required by the Electrical
Engineering Division. A bond for the installation of the street lights shall be posted with the City of
Anaheim. The street lights shall be installed prior to occupancy.
21. That the property owner/developer shall provide the City of Anaheim with a public utilities easement to be
determined as electrical design is completed.
22. That any required relocation of City electrical facilities shall be at the developer's expense. Landscape
and/or hardscape screening of all pad mounted equipmenf shall be required and shall be shown on plans
submitted for building permits.
23. That the entire 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 occurrence.
24. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
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25. 7hat if required by the Urban Forestry Division of the Community Services Department, street trees shall
be installed, by the property owner, within the public right-of-way adjacent to Broadway, Vine Street, and
Santa Ana Street. The size, type and number of trees shalf be provided to the satisfaction of the Urban
ForestryDivision of the Community Services Department.
26. That a-I air conditioning apparatus and other roof and ground-mounted equipment shall be properly
shielded from view and the sound buffered from adjacent residential properties and the public right-of-way.
Such information shall be specifically shown on the plans submitted for building permits.
27. That all dwelling units shall be assigned street addresses by the Building Division.
28. The applicantshall agree to construct, operate and maintain the Affordable Units in accordance with a
written "Affordability AgreemenY' between the applicant and the City, in a form acceptable to the Ciry
Attorney and Community Development Department, duly executed and acknowledged by the applicant
and the City; and recorded against the subject property in the official records of Orange County, California.
The Affordable Units shalf be subject to #he requirements of the Affordability Agreement for a period of
fifty-five (55) years, beginning on the date a certificate of occupancy is granted for the Affordable Units.
29. That clinging vines shall be installed on the masonry wall adjacent to the railroad tracks and shall be
permanentlymaintained in ari orderly fashion. Such information shall be specifically shown on the plans
submitted for building permits. ` '
30. That final landscape and fencing plans for the subject property shall be submitted to the Pfanning
Department forreview and approval. Said plans shall show minimum 24-inch box size trees, shrubs,
- groundcover, and cfinging vines to be planted in layers adjacent to the sound wall along the west property
line adjacent to the railroad tracks. The landscape material selected shall be appropriate to the width of
either the parkway or the planter area, including the planter area adjacent to the sound wall at the west
property line: The fencing shall be designed to allow visibility into the courtyard from Vine Street. A trellis
structure shall be constructed adjacent to the sound wall to soften and break up the mass of the wall. Any
decision made by the Planning and Community Development Departments regarding said plan may be
appealed to the Planning Commission. All trees shall be properly and professionally maintained by the
property owner to ensure mature, healthy growth. Such information shall be specifically shown on the
plans submitted for building permits.
31. That 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 14, and as conditioned herein.
32. That the plans submitted to the Building Division shall comply with the recommendations of the submitted
noise study dated November 30, 2004, Title24 and the Anaheim Uniform Building Code.
33. That prior to issuance of a building permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 8, 9,10, 14, 15, 16, 17, 20, 21, 22, 23, 24, 28,
29, 30, and 32, above-mentioned, shall be complied with. Extensions for further time to complete said
conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
34. That prior to final building and zoning inspections, Condition Nos. 5, 7, 22, 27, and 31, above-mentioned,
shall be complied with.
35. 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.
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BE IT FURTHERRESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated,upon applicanYs 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 thafthe Anaheim 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 anysuch 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 nul( and'void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 13, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures"
of the Anaheim Municipal Code pertaining to appeal procedures and a r lace by a' ouncil '
Resolution in the event of an appeaL
CNAIRMAN, ANA IMP NING COMMISSION
ATTEST:
~~~~l~~.~ iy~~~~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify '
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on June 13, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, KARAKI, PEREZ, P. ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
T IN WITNESS WHEREOF, I have hereunto set my hand this ~ 9 T"~ day of
~1uh~ , 2005.
iy~'~°
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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