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Resolution-PC 2006-35~ ~ RESOLUTION NO: PC2006-35 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THATPETITION FOR CONDITIONAL USE PERMIT N0. 2006-05076 BE GRANTED (516 EAST SANTA ANA STREET) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit to constructa 135-unit semi-attached affordable single family residential condominiumproject for certain real property situated in the `City of Anaheim, County of Orange, State of California, described as: "~`h~ ; ~~r~t~n p~r~e~ a~~` ~~tl ~~~~ed ~ ~e ~i~ +af` ~nata~im, ~c~ua~~ ~f ~r~n~~, ~t;~-fi~ c~f ~atifa~i~. l~~a~~ th~t p~~r~3:+a~ ~a#" 8~~~~ ~'~". ~~~~e~° ~~~~k ~`J~t~r ~1~y ~nd ~a~r S~~et ~ ' ~~a~n +~n #~a~ ~~-~u~at~i~a~~aan ~r~' Th~d~~~ R~i~~~~ ~~~li~F~~~~~ ~af'~,fii~~~ Ln~ +~~-~'; f~~d in :~~a~~ 1, P~~~s lE} ~,n~l l~~af l~a~~e~i~n~ca~~ ~~~ i~, ih~ GY~~ ~f ~~ ~+~ur~ty ~ec~rd~~ of s~i~ t~r~uge ~~-un~'3 l~ing ~~itl~in a st,ri~a ~af l~d af va.zz~~b~1~ w~dtfi~ ~e r+~f~r~+~~ 1i~~e ofv~hi~~ is descrit~~d as ~'callc~as: +C~ . ~£l~~I~~ ~t ~~ c~a~~+ex°li~a~ i~~~tic~~ ~~ ~~ive ~'~~ wi~ ~a~~ ~~ ~~t'~~ ~s sl~~,w~ ` c~~t P~el Iv1ap "~'t~. ~5-~+~4; ~iled iz~ Bat~~ '~:1~1, Pa,~;e~ 37 ~n~i ~~ ~f`F~rc~I 1~I~~ i~ the C~~fice ~~ ~~ +~4u~t~° ~~e~~-nci~r c~f ~,~a~ ~~ ~au~t~t~ th~.c~ ~~r~n~ t~~ e~~at~~i~e c~£ ~~nt~ .~na ~~~~ as ~h~~~m cn ~aid ~''~el ~~ l~T~~h ~`~4~'18'4~~' Ei~ ~~~.~ ~~~~ ~ t~ c~t~rl~~ +~f`~+~l~os~ ~tt~t a~ ~h~~ crn par~el ~p ~~. ~i-2~~~ ~1~t~ in B~~k ~3f~, p~~~~ ~~ ~~ ~~ +~f :P~1 ~p~ in ~aic~ t~~fi~ c~f th~ ~t~~ 1Z~~cn~l~r, ~.~i~1 p~~.~t he~i~~~~ r~f~ri~~1 ta as ~`~raa~t "A°}, ~ien~ +~a~tinuin~ ~lvn~ s~ic~ c~terline I+~a~th 7~~'1~"42" E~t ~3~.72 f~~t tc> ~th~ '~R~.7E ~'flI~`~'° ~~' ~~~~~I~~G, t~reuc~ ~ar~11~~ v4~ith t~e c~~tertin~ ~f C~!1i~e S#r~e~ ~ sht~~ ~~~tid I'~r~11 II~11~p 1`~v. ~~-~~~ ~t~~tih 15°~2'~~" East 733.$1 fe~t ~c~ th~ ir~t~arse~~iax~ ~it~ ~~ir~~ p~a~ll~~ ~itl~ t~r,ti ~~.~{~ f~et ~~rtheriy c~f th+~ n~rth~i~l~r baundary lin~ of ~aid P~r~~~ I'v~~S I~I+m. ~~-~~54; said intersectiaz~ being her~ina~ter referred tQ as Point "B"; thenc~ ~~~ng sai+~ para~l~l li~e ~'outf~ ~7~~~1~b~" '~~st ~3~4.7~ feet to the iniers~e~ion ~vith a line which is p~11~1 ~~i~~ ~a~id ~~~terlin~ ~f t3~live ~tr~~t ~nd passe~ t~irou~h ~~e her~irr ~t~v~~+~ r~f~r~~c~ ~'+ai~t i°~,', ~~id ~~t~~ct~t~n b~ing f~~reina#~~r re~~rre~i tcr a~ Po~nt ",G~°; thenc~ alc~n;~ s~+d ~~st p~arall+~~ lin~ 7~vrtl~ 15°3~'33" West'~~3.~8 f~ttcr said Foint "~,,. ~'~i+~ ~firip €~f land sh~11 he 5~.4t~ fe~~ tivide, I~ix~g 27.~Q fe~~ ~~st~rly sn~ v~ e~~erly of sai~d re~er~n~~ lin~, between th~ TI~~.I'~ PC31NT t~~ T~E~17'JNING anc~ ~~aint "£~"~ ~~~.~90 f~t ~ic~~t Iying 27.54 fe~t northerty antl 92.~~ f~+~t sc~utherly af s~id refer~n~e li~~, b~ureen ~~ints `~°' and "C,,; and 55.00 f~t wide, lying 2?.~0 feet easterl}7 ~nci «rest~z°I}~ nf s~d re~~r~rte~ lin+~„ ' IJ~iGI'v ~r~rn ~~1~W ~Fl.iif ~~ ii A !!. - . ~ ~ .. ~"1 E~~EPTXN~ 'THEI2~FRC}~I th~t p~ortion ~f la~~. i~ring ~ortherly ~f a 1i~~ parall~l wi~ a~d ~ ~ 3~.7~ ~`~~ s+~~.t~~rr~y c~~'~~~ c~err~t~rlin~ ~f ~~~~ t~~ ~#~~~~. '~'~Z~t c~~~i~ p~rrc~l ~~ l~c~ ~~~~~d in ~e ~a~ ci~'~n~h~~m~, C;~~a~t~ ~~` t3~ran~e, ~t~~~ o~ ~ali~`~-r~, b~aa~~ ~h~t ~r~-~i~a~a ~~ ~~~~1~ Er~b,~ ~.r~~~~r ~tr~~ ~z~+~ ~~~+~~ .~~1~;~ ~ ~+~~n ~~. th+~ ~~-~u~c~~i~n a~~`Th~~~c~re'~~i~r°~ ~~~~~~i~~~~ ~~~~~~~i~s~ I,~t f~-~, ~i~~~ in ~t~~~ ~,1P~g~s lt} ~n~ 1 ~ ~af~i~~1~~~~ ~1~~ i~ t~~ +~ff~e ~~t~~ +~c~um~ i~.~~rrc~~~ ~~~~i~ {3r~n~ ~o~n~~`b d~~ri ~s ~11ca~v~, ~~~'II'~~l"~II~+~ ~t ~~ ~~~r~~ in~~~~ion ~a~' ~1~v~ ~~e~t ~i~ ` s~#~ :~ St~ee~ ~s ~1~~~n . c~~ ~'~rrcel ~~p ~s~. 5~~~~~, fil~i irt ~oc~1~ ~~~1, P~g~~ 3~ ~~~ 3~ c~~'~`~~~ ~~ps in th~ Of~e~ c~f th~ ~c~~~t~ ~.~ar~~~° ~f s~~ ~raaa~e ~~~rzty~~ ~~~~: alr~~,~ ~e ~~~t+~1~nc of ~a~#~ Ana~ ~~rre~t ~ ~~c~~~ t~~ ~~id 1~~~ I~1~~ 1'~~rth -7~°1~'4~"` ~~~'~~S,~D~ ~t ~~ ~he ~~n~~r1~ ~f'1vi~lro~~ S~~t ~ s~~~~r c~~ P'~r~~1 ~~ I~a. ~r-~~~r ~`~~~ i~x ~~r~~ ~~(?, ~~~e~ ~~ ~~ ~~ aF ~~e~ ~ii~s u~ s~~ t~f~i~e o~ th~ ~~~a ~~~r~er, ~~it~ ~~~s~ 1~~i~~ ~t~ ~Li~ ~'QI~T'T C)F ~~~~1'~TII'~+G; ~la~i~c~ ~~~i~z~~~~~ ~l~~g ~~d c~~t~r~~t~~ N~xt~a ~~1~'1'8'~?'~ ~~t ~~~~"~~ ~`~t~ t~~r~c~ ~~~i1~1 ~ft~ the ~~~~r~~~ c~f t3~i~e S~e~ ~s shcrv~rn i~n s~id ~~rc:~l ~a~ I'~~. ~~-~~~ ~~~u~~ 25~'~~'~~" ~~s# "~3~.~1 f~~ t~ ~h~ i~~~s~~i~n +~f`~ li~e ~~rr~il~l ~it~z ~c~ ~~~~~1 ~~~t ~~~3x~r1~r +~~t~+e a~~rt~rt~ ~~iuu~~y,li~i~ ~f P~~1.l~a~ :~l`~l'~, ~5-~~; ther~~e ;al~n~ ~~i€~ p~1~1 line ~+~ut~a ~"~~'?~ w~€kk'~'~~t ~~~.'~~ fe~~ t~ ~:h~ i~-~~r~e~cti~~ wi~h'a lin~ tiv~ich ~ par~~le~ wi~ s~~d ~e~t~rIi~~ ~f ~~v~ ~~~ aa~c~ pass~s #~r~~u~h sai~ ~'~.LIE Pi~i~T C~~ BE~A~~TIItiI+~; t~en+~~ a~~~~ ~~~~ l~sst p~~r~~e~ ~in~ ~ia~ ~~~'~~t3~" ~~s~ ~33.~$ ~~et tc~ the ~'~t~~ ~`t3~T' +t~F ~E~I~11~II'~~. E~~EP"Tll~t~ T~~~~~~ ~lie z~~rrt~erly ~~.7~ f~et, easterl~ ~~'.~i} f~e~, s~~th~rl~ ~?.~~ ~~tt an€i ~~~terl~ ~~i .~~ f~:~t ~f~ie al~o~e described Iant~. ~ ~ ~~ ~~~i~ ~a~+~~~ c~~ 1~d s~tu~t+e~ ia~~ ~~e ~at~ a~ ~~im, ~~C~ a~~ 4~ng~~ ~t~#~ o~ +~~if~rr~ia~ k~~a~~ th~.t pt~~~n ~~ ~31c~~~ ~~~.~" a~ ~h~a~ ~n ~~ ~e-~~b~~~ia~ ` ~f 'fi~+ci~a~ ~,~i~~r°~ ~ub~~isf~tt t~~`~~~~a°~ I,~~ ~~~~ ~i~~ ~n ~~~~ 1, P~~~ 1f} a~ci'11 ~~`~i~~~l~~n~s~us I~'C~s in ~~ fl£~'ic~ ~a~~e ~~~~' Re~r~~ ~~'~~i~ C}ran~~ ~unt~, ~e~+cr~~~ ~s ~11t~~~; I3E~II~1~1~~ ~:~ th~ ~e~a~~~]i~~ in~+~~e~~i~n c~f Q~i~~ ~t~~~ ~at~i ~~~t~ ~~. ~~t ~ shh~w~ a~n ~'~el 1~~ I~3~. ~~-3~~, ~ile~rl;~~ B~~~C ~1~, P'~~~ ~"1 ~~ ~~ ~fFar~ei ~~s in ~~ C~~'i~e ~~t~~ Cc~~i~t~r ~~~c~r~1~r c~f ~a~ ~~~ C~~t~~~ t~~n~~ ~l+~u~ t~a~ ~~r~~~r1i~~ of ~~~ ,t~~. ~tree~ ~ ~~€~v~n ~n s~i~l ~~~11~~ ~`~~~t'?~~~ ~"~~"~ ~t ~~~~~1~ ~`+~t tt~ ~~ ~~t~rrlin~ ~elrc>se ~#r+~t ~s ~~c~~t c~n-~"~~ ~~t~~ ~~, ~"?~~~'~, ~~~d i~ B~~~C ~~~, ~~~~ ~? ~~~ ~.~ ~fP~~l Ix+I~}~s in ~ai~ Df~'~c~ c~~`th~ ~~a~tt~r ~~rt~r~ ~~~ae p~ar~1~I ~i~i ~h~ ~~~~r1in~ eaf Cl~tive ~tr~ a~ ~~it~~ ~at~ ~sa:id ~~~ ~vl~ 2`~c~. .~~-~6~ ~'c~~th'~~~~'~~'" ~~st ~~~.~t8 f~~t tr~ ~ ~~i~t c~n th~ n~r~~r1y ~f ~ai~ P'~+c~1 ~~~p ~T~~ ~~-~~~ ~~~n~~ ~Icsn~ ~a~t~ r~rt~i~r~~ ~undary I~~a~ a~d its ~~~e~~~rIy pzr~l~ga~~n ~~~:~~i ~4~~.1't~~" ~'e.~~ ~~~.~ f~~ tc~ ~ai~ ~~t~rli~~ a~~t~li~~ ~tre~t} th~r~~ ~~~ng s~ic~ ~~~+~rline ' ~f ~Iiv~ ~~~~~ ~T~~ 1 ~°`3~'~~" ~~~t ~~~,~~ ~~~~ ~~ ~~ F~I~':E' t~~: ~~~II'~fitI~~. :~~~~T`~i~+G TH~~t~FR~~ fi~~ n~~~~ri~ ~~.~'~ f~t, ~~~~~~~ ~~.~t~ f~t~ ~~u~he~~~ ~~.tl~ ~`~~t, a~d +w~r~~ ~~.~~ f~e~ c~~`~~ ~b~~~'d~escrib~ ~~~ad, ' _ T~~~ ~r~ain pa~~~ af ~~n~. ~it~~B~d i~ ~Yi~ +~ity c~~ ~.nati~irr~~ ~c~u~t~ ~f C3raa~g~, ~ta#~ a~~ ~~~~+~rni~ 1~~~t~d. v~ithin th~~ ~~riivn ~f ~l+a~k °`A~' ~nd '~4'at~r A1~y ~ ~h~~ ~n ~e 1~.~ ~~€~ivisian o~'~'l~~oda~ R.eis~r's Subd~vision ~f ~'in~~~r~ L~~ txA~, ~~e~ i~ ~o~~ 1, ~'a~s ~~ ~n~ 11 of l~i~~ellane~us ~~~s in the {~~fic~ of ~h~ C~t~~n~y ~~ccar~i~r af ~a.i~i ~}r~ng~ ~~unt~r, b~ing th~ sc~u~a~rly 3t~.0~ ~`e~t a~#h~t pare~~ of land mc~re pa~icu~.a.rl~ des~~alae~ as fc~ll~a~v~: ~~~G~f1~~IN+E; at the centerlin~ i~t~rs~ction ~f ~~ive Street ~ith ~an~a .~1sta ~treet as ~hc~~n ~n' P'arcel Nia~ I~'c~. 8~~~~~, file~ in ~d~a~ 21~, P~~~ 3~' an~ 3~ ca~~`~cel l~iaps i~ th~ C}~ic~ ~~~e Ccr~~nt~ R~~orc~er o~ said ~r~.nge ~aunt~; ~}ien~e alvng t~e c~t,~rlin~e c~f ~~.nt~ ~r~a St~eet as : s~tc~wrr orx ~aid F~rc~I ~~~p 3~Itrrth'~~°18'42" E~st 3~5.~~ f~~tt t~o th~ r~nt~rlin~ of~~lrt~~~ S~~ as sho*~m on P~°cel 1vla~ 1\j~i. 8~-~.~7, filec~ in ~ool~ ~~U, ~a~e~s 22 ~d 2~ c~~ P'ar~~~ ~p~ in sai~ C3~fi~~ ~f ~he ~ounty ~e~c~rde~r~ the~~~ ~~rall~l with t~~ eenterline ~f t~lav~ ~~r~~t ~s ~h~av+~ ~~ safd P~r~el A2a~ Nc~. ~~-~~4 ~~uth 1~°3~'3~" ~~t ~25~~8 f~~t to ~. p~~nt c~n the ~artherl~ bs~t~~~ line of ~aici P~rc~l Map ~i~. 85-36~? thence alc~ia~ saic~ ~a~r~h~rly b~und~ ~n~ its ti~~t~r1}~ prol~n~ati~n Sau~h 7~°~1'Q~" W'~st ~~S.fl4 f~et ta s~id c~nt~riin~ ~f ~?li~e ~~et, ~~7~21~~ ~~OI~~ ~s1t~C~ ~~11~~tIit1~ [7~ C~~fV4'. S~i:t N4i'C~l ~~`~~~.`3~" "~'~~t ~~5.$~ ~'~~t t~ t~~ ~~I~+iT t)F B~~I~-1N~N~. ~ ~X+~EP'~'IN~ T~E~~t.+~~ ~~ e~~ferl~r ~"~.~~ fe~~ ~nd ~v~st~rly 3~1.'~~ f~et r~f th~ ab~ve dcscribe~i land. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 17, 2006, at 2:30 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, to hear and consider evidence for and against said proposed conditional use permit and to investigate and - make findings and recommendations in connection therewith; and ' -3- PC2006-35 ~ '~ : 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 proposed use is properly one for which a conditional use permit is authorized by; Anaheim Municipal Code Sections 18.06.030.040.0402 and 18.06.160.010 with waiver of (a) SECTION NO. 18.40.060.020 Reauired improvement of riqht-of-wav. 60-foot wide public right-of-way required; 52 to 55 feet proposed). 2. ' That the waiver of required improvement of right-of-way is hereby approved on the basis that the proposed streets would connect to and be similar in width to the'existing street grid; therefore, there is no reasonable relationship between the need for the full required dedication and #he improvements and the traffic impacts associated with the proposed project. 3. That the proposed project is compatible with existing and surrounding land uses and maintains good oyerall project design. 4: That the project would not adversely affect the adjoin+ng lantl uses and the growth and development of the area in which it is proposed because the site plan is well designed with adequate setbacks to the street and within the development. 5. That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area. 6. That the granting of this conditional use permit under the conditions imposed, would not be detrimental to the health and safety of the citizens of the City of Anaheim. 7. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That as demonstrated by the analysis included in the Final Environmental Impact Report No. 330 EIR (Final EIR) and Addendum, the proposed project actions will not result in new significant impacts or substantial increases in the severity of previously identified significant impacts; and, therefore, no supplemental or subsequent environmental review is required. The Planning Commission hereby determines that the previously-certified Final EIR with the Addendum and Mitigation Monitoring Plan No. 122, are adequate to serve as the required environmental documentation for the proposed project actions in connection with Conditional Use Permit No. 2006-05076. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, 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 all existing driveway approaches on Olive Street and Santa Ana Street shall be removed and replaced with curb, gutter, parkway landscaping, and sidewalk. A Right-of-Way Construction Permit shall be obtained from the Public Works Department. 3. That the private streets within the development shall be privately maintained. On-street parking shall be allowed only in designated parking stalls. The grading and street improvement plans shall either include no parking signs or red curbs to identify the parking restrictions at locations specified by the Public Works ' Department. _4- PC2006-35 ~ ~ 4. That the appiicant shaii submitto the Public Works Department Devefopment Services Division for review and approval a Water Quality Management Plan that: • Addresses SiteDesign Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directlyconnected 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 the 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 7ong-term operation and mainfenance 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. '• Demonstrafe 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 Na 115. Said information shall be specifically 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. Installation of any gates shall conform to Engineering Standard Plan No. 475 and shall be subject to the review and approval of the Planning Services bivision prior to issuance of a building permit. 8. That plans shall be submitted to the City Traffic and Transportation Manager for 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 Planning Services Division for 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 shall be permitted. 12. That an on-site trash truck tum around area shalt be provided per Engineering Standard Detail Na 476 and shown on plans as required by the Department of Public Works, Sanitation Division. Said information shalf be specifically shown on plans submitted for building permits. 13. That trash storage areas shall be provided and maintained 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, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls ofthe storage areas shall be protected from -5- PC2006-35 ~ ~ 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 specifically 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 forfuture above-ground utility devices 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 ' deyice (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate Ciry departments. ' 16. That all requests for new water services or fire lines, as well as any,modifications; relocations, or abandonmenf of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities Department: 17. That a0 existing water services and fire lines shall conform to current Water Services Standards - Specifications. Any water service and/or fire iine 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 or fire line. 18. . That all backflow equipment shall be located above ground outside `of the front 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. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division outside of the front setback area in a manner#ully screened from all public street and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. 19. That since this project has landscaping area exceeding 2,500 square feet, a separate irrigation meter shall : 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. 20. That prior to submitting water improvement plans, the developer shall submit a water system master plan, ; including a hydraulic distribution network analysis, for Public 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 demand and fire protection requirements. 21. That water improvement plans in areas not covered under the Gooperation Agreement between the City of Anaheim and the Anaheim Redevelopment Agency shall be submitted to the Water Engineering Division for approval and a performance bond in the amount approved by the City Engineer and in a form approved by the City Attomey shall be posted with the City of Anaheim. 22. That prior to rendering water service, the developer shall submit a set of improvement plans for Public Utilities Water Engineering review and approval in determining the conditions necessary for providing water service to the project. 23. 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 senre the project shall occur in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations. 24. That the property owner/developer shal{ install street fights vn the public streets in areas not covered under the Cooperation Agreement between the ,City of Anaheim and the Anaheim Redevelopment Agency _ -6- PC2006-35 ' ~ ~ 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 instal{ed prior to occupancy. 25. That the property owner/developershall provide the City of Anaheim with a public utilities easement to be determined as electrical design is compieted. 26. That any required relocation of City electrical facilities in areas nof covered under the Cooperation Agreement between the City of Anaheim and the Anaheim Redevelopment Agency shall be at the , developer's expense. Landscape and/or hardscape screening of all pad mounted equipment shall be required and shall be shown on plans submitted for builtling permits. : 27. That the entire property shall be permanently maintained in an orderly fashion by providing regular Jandscape maintenance, removal of trash or de6ris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 28. That any tree planted on-site shall be replaced in a timefy manner in the event that it is removed, - damaged; diseased and/or dead. 29. That if required by the Urban Forestry Division of the Community Services Department, street trees shall ` be installed, by the property owner, within the public rights-of-way adjacent to Santa Ana Street, Olive Street, Kroeger Street, and Melrose Street. The size, type and number of trees shall be provided to the satisfaction of the Urban Forestry Division of the Community Services Department. Said information shall be specifically shown on plans submitted for building permits. 30. That all 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 sha11 be specifically shown on the pfans submitted for building permits. 31. That all dwelling units shall be assigned street addresses, and all public and private streets shall be assigned street names, by the Planning Department. 32. That the applicant shall agree to construct, operate and maintain the Affordable Units in accordance with a written "Affordability Agreement" between the applicant and the City, in a form acceptable to the City 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 shall be subject to the 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. : 33. That final building elevation plans shall be submitted to the Planning Department for review and approval. Any decision made by the Planning and Community Development Departments regarding said plan may be appealed to the Planning Commission as a Reports and Recommendations item. Such information shall be specifically shown on the plans submitted for building permits. 34. That final landscape and fencing plans for the subject property shall be submitted to the Planning Department for review and approval. Said plans shall show minimum 24-inch box size trees; shrubs, groundcover, and cfinging vines to be planted in layers. The landscape material selected shall be ' appropriate to the width of either the parkway or the pfanter area. 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. 35. 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 31, and as conditioned herein. -7- PC2006-35 ~ ~ 36. That prior to issuance of a building permit, or within a period of one (1) year from the date of#his resolution, whichever occurs first, Condition Nos. 1, 4, 5, 6, 7, 8, 9, 12, 13, 14;15, 18, 19, 20, 21, 23, 24, 25; 26, 29; 30, 31, 33 and 34, 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. _ 37. That prior to final building and zoning inspections, Condition Nos. 2, 24 and 32, above-mentioned, shall be complied with. ' 38. 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 fo compliance or approval of the request ' regarding any other applicable ordinance, regulation or requirement. BE 1T FURTHER RESOLVED 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, #hen this Resolution, and any approvals herein contained, shall be deemed null and void. BElT FURTHER RESOLVED that the`applicant is responsible forrpaying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior.to the issuance of building permits #or this project, whichever occurs first. 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 Aprif 17, 2006. Said resolution is subject to the appeal provisions set fo ' Chapter 18.60, "Zoning Provisions - General" of the Anaheim Municipal Code pertainin e procedures a ay be replaced by a City Council Resolution in the event of an appeaL . CHAIRM , ANAHEIM PLANNING MMISSI N ATTEST: ~ .. SENIO S RETARY, ANAHEIM P ANN COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. , CITY OF ANAHEIM ) I, Marie Witkay, 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 April 17, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, KARAKI, ROMERO , NOES: COMM{SSIONERS: NONE ABSENT: COMMISSIONERS: FLORES, VELASQUEZ VACANT: COMMISSIONERS: ONE VACANCY IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of , 2006. ` ~-/' - SENIOR S RETARY, ANAHEIM PLA NIN MISSION '-8- PC2006-35