Resolution-PC 2006-52. ~
RESOLUTION NO. PC2006-52
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION ,
THAT PETITION FOR COIVDITIONAL USE PERMIT NO. 2006-05092.BE GRANTED
(111-125 WEST ELM STREET)
WHEREAS, the Anafieim Planning Commission did receive a verified Petition for Conditional
Use I'ermit to construct a 52=unit affordable apartment complex with a density bonus and incentives for
certain real property situated in the City of Anaheim, County of Orange, State of California, described as:
' THE SOUTHERLY 150 FEET OF THE ORIGINAL TOWN LOT 54; RECORDED IN
BOOK 4, PAGES 629-630 OF DEEDS IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY
THE EASTERLY RECTANGULAR ONE-HALF OF TOWN LOT 55 OF ANAHEIM, IN
THE C17Y OF ANAHEIM, AS PER MAP RECORDED IN BOOK 4 PAGES 629 AND 630
OF DEEDS, IN THE OFFICE OF THE'COUNTYRECORDER OF SAID COUNTY
WHEREAS, the Planning Commission did hold a publichearing at the Civic Center in the
City of Anaheim on June 12, 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
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 request to construct a 44-foot high, 52-unit affordable apartment comptex
with a density bonus 60 dwelling units per acre permitted; 68 dwelling units per acre proposed) and
incentives is properly one for which a conditional use permit is authorized by Anaheim Municipal Code
Section 18.32.030.120 with the fol~owing incentives
(a) SECTION NO. 18.32.040 Minimum lot size. (3 acres required; 0.76 acre
proposed).
(b) SECTION NO. 18.40.060 Dedication and improvement of ripht-of-wav. 60-foot
wide public right-of-way required; 55 feet proposed).
2. That at least thirty (30) percent of the total units will be allocated for low income households;
therefore, the project would be in compliance with the density bonus provisions of State Law (Government
Code Section 65915).
~ 3. That the density bonus and incentives pertaining to (a) minimum lot size and (b) dedication
and improvement of right-of-way are hereby approved because the applicant has submitted a density bonus
application requesting a density bonus and incentives pursuant to State Law (Govt. Code Section 65915).
State Law requires that three incentives be granted for projects that provide a minimum of at least 30 percent
of the total units for low income households. This project provides affordable units for low income
households for 100 percent of its units. In addition, in regards to incentive (b), the proposed streets would
connect to and be similar in width to the existing street grid.
4. That the proposed project is compatible with existing and surrounding land uses and
maintains good overall project design.
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5. That the project would not adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed because the site plan is weU designed with adequate
setbacks to the street and within the development.
6. 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 detrimenta- to the particular'area.
` 7. That the granting of this conditional use permit underthe conditions imposed, would not be ,
detrimenta{ to the heatth and safety of the citizens of the City of Anaheim. :
8. That modification to setback and height standards would be compatible with existing and
surrounding land uses and that the modifications from the Code allowed under the Mized Use Ordinance
(Chapter 18.32); would achieve a good project designed to preserve and enhance the neighborhood. The
applicanthas demonstrated that the setback and height modifications are necessary to make the housing
units.economically feasible.
- 9. That the modifications would allow for a development thaf provides a unified street frontage
similar to other residential development in the Downtown, exceeds the amount of recreational space required
by code, and promotes compatibility with surrounding development that is currently under construction in a
manne~ that would not adversely affect the adjoining land uses and the growth and development of the area
in which it is proposed.
10. That commercial floor area would not be needed in conjunction with this residential project
since theproject is located on a local residential street.with no commercial activity or'attractions, and since
the project would be located in closeproximity to ofifice, retail, business services; personal services, public
spaces and uses, and other community amenities within Downtown Anaheim.
11. 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 environmenta{
review is required. Therefore, 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.
2006-05092.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subjectPetition 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 presenre the
safety and general welfare of the Citizens of the City of Anaheim:
1. That the City of Anaheim Sewer {mpact Mitigation fee for the Old Town Basin 8 Area shall be paid.
2. That all existing driveway approaches on Elm 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. Said information shall be specifically shown on plans submitted for building
permits. _
3. That prior to issuance of a grading permit, the applicant sha11 submit to the Public Works Department
Development Secvices 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. '
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• Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area
. Managemenf 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 1ong-term operation and maintenance of the Treatment
Control BMPs.
4. That prior to issuance of a certificate of occupancy, the applicant shall:
'. Demonstrate that all structural BMPs described in #he 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.
• bemonstrate 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.
, 5. 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 shall be specifically shown
on plans submitted for building permits.
6. 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 Division prior to issuance
' of a building permit. ,
7. That plans shall be submitted to the City Traffic and Transportation Manager for k~is review and approval in
conformance with the Engineering Standard No. 115 pertaining to sight distance visibility for the sign or
wall/fence locations.
8. 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. 402B, 436 and 470 pertaining to
parking standards and driveway locations. Subject property shall thereupon be developed and maintained
in conformance with said plans.
9. That no required parking area shall be fenced or otherwise enclosed for storage uses.
10. That no compact parking spaces shall be permitted.
11. That an on-site trash truck tum around area shall be provided per Engineering Standard Detail No. 4Z6 or
an approved altemative, which shall be shown on plans as required by the Department of Public Works,
Sanitation Division. Said information shall be specifically shown on plans submitted for bui{ding permits.
12. That trash storage areas shall be provided and maintained in a Iocation 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 walis 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 specifically shown on the plans
submitted for building permits.
13. That a plan sheet for solid waste storage and collection and a plan for recycfing shall be submitted to the
Public Works Department, Streets and Sanitation Division for review and approvaL
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1 G. That the locations for future above-ground utility devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cabie 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.
15. 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
16. That all existing water services and fire lines shall conform to current Water Services Standards
Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if
continued use is necessary or abandoned if the existing service is no longerneeded. The
owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line.
17. That a11 backflow equipment shaff 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 fully screened
from all public street and alleys. Said information shall be specificallyshown on plans and approved by
Water Engineering"and Cross Connection Control Inspector. :
18. That since this project has landscaping area exceeding 2,500 square feet; a separafe irrigation meter shall
be installed and comply with City Ordinance No. 5349 and Chapfer 10.19 of Anaheim Municipal Code.
Said information shallbe specifically shown on plans submitted for building permits. -
19. That prior to submitting water improvement plans, the developer shall submit a water sysfem 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 projecYs water demand and fire protection requirements.
20. That water improvement plans in areas not covered under the Cooperation Agreement befinreen 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 Attorney shall be posted with the City of Anaheim.
21. 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.
22. That prior to application for water meters, fire line or submitting the water improvement plans for approval,
the developer/owner shalt 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.
23. That the property owner/developer shall install street lights on the public streets 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.
24. That the properry owner/developer shall provide the City of Anaheim with a public utilities easement to be
determined as electrical design is completed.
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25. That any required relocation of City electrical facilities shall be at the developer's expense. Landscape
and/or hardscape screening of all pad mounted equipment shall be required and shali be shown on plans
submitted for building permits.
26. That the entire property shall be permanentlymaintained in an orderly fashion by providing regular
landscapemaintenance, removal of trasli or debris, and removal of gra~ti within twenty-four (24) hours
from time of occurrence. '
27. 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.
- 28. That if required by the Urban Forestry Division of the Community Services Department, street trees shall
be instaAed, by the property owner, within the public rights-of-way adjacent to Elm 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 infor~mation shall be specifically shown on,plans submitted for building permits.
29. 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 publicright-of-way.
_Such information shall be specifically shown on the plans submitted forbuilding permits.
30. That all dwelling units shall be assigned street addresses, and all public and private streets shall be
assigned street names, bythe Planning Department.
31. That the applicant shall 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 ta 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 o~cial 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.
32. That a maintenance covenant shall be submitted to the Public Works Department, Development Services
Division and approved by the City Attorney's oifice. The covenant shall incfude provisions for -
maintenance of private facilities, including compliance with approved an Water Quality Management Plan
and maintenance exhibit. The covenant shall be recorded prior to the issuance of a building permit.
33. That final building elevation plans shall be submitted to the Planning Services Division for review and
approval by the Planning Commission as a Reports and Recommendations item.
34. That finaf 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 clinging vines to be planted in layers and shall also show decorative hardscape '
treatment within the central courtyard area. The landscape material selected shall be appropriate to the
width of either the parkway or the planter area. Any decision made by the Planning and Community
Development Departments regarding said plan may be appealed to the Planning Commission. AI1 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 the approval of Conditional Use Permit No. 2006-05092 is hereby granted subject to the approval
of, and finalization of, Reclassification No. 2006-00178, now pending.
36. That the property owner shall submit a letter to the Planning Department requesting termination of
Conditional Use Permit No. 1473 (to permit a motorcycle repair facility with outdoor storage with
waivers of required screening of outdoor uses and minimum number of parking spaces).
37. That the developer shall submit public sewer improvement plans to the Public Works Department,
Development Services bivision and a bond shall be posted to guarantee fhat the existing six (6) inch <
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VCP sewer in Elm Street west to Lemon Street and then south fo Santa Ana Street is replaced with an
eight (8) inch VCP sewer line (approximately 920 feet). The improvement shall be constructed prior to
final building and zoning inspections.
38. That subject property shall be developed substantially in accordance with pfans and specifications
submitted to the City of Anaheim by the petitioner and Which plans are on file with the Planning
' Depaitment marked Exhi6it Nos. 1 through 9, and as conditioned herein.
39. That prior to issuance of a grading permit, or within a period of one (1) year from the date of this resolution,
whichever occurs first, Condition No. 3, above mentioned, shall be complied with. Extensions for further
time to complete said conditions may be granted in accordance with Section 18.60.170.
40. 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, 5, 6, 7, 8;11,12; 13, 14,17, 18, 23, 24, 25,:28, 29,
30, 31, 32, 33, 34, 36, and 37; above-mentioned, shall be complied with. Extensions for further time to -
complete said conditions may lie granted in accordance with Section 18.03.09Q of the Anaheim Municipal
Code.
41. That prior to final building and zoning inspections, Condition Nos. 4, 16, 23, 37, and 38; above-mentioned,
shall be complied wifh.
42. 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 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 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 refated
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 for 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
June 12, 2006. 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 evenf of an appeaL :
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HAIRMAN, ANAHEIM PI.ANNING COMMISSION
ATTEST:
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA ) _
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify ,
#hat the.foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on June 12, 2006, by the following vote of the members thereof:
AYES:' COMMISStONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
1N WITNESS WHEREOF, I have hereunto set my hand this ~ r~ day of
, 2006.
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/l~'~.-iz-a-=~--
SENIORSECRETARY, ANAHEIM PLANNING COMMISSION