Resolution-PC 2006-82~ ~,
RESOLUTION NO: PC2006-82
" A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION -
THAT PETITION FOR CONDITIONAL USE FERMIT N0. 2006-05072 BE GRANTED, IN PART
(525 AND 711 EAST SOUTH STREET)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
UsePermit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as: _
PARCEL 1: PARCELS 1'AND 2 OF PARCEL MAP NO. 85-364, AS SHOWN ON A MAP
, FIL'ED IN BOOK 210, PAGES 37AND 38 OF PARCEL MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF. ORANGE COUNTY, CALIFORNIA.
PARCEL 2:PARCEL 3 AS SHOWN ON A MAP FILED IN BOOK 210 PAGES 37AND :
38 OF PARCEL MAPS, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CACIFORNIA, AS SHOWN ON RECORDS OF SAID ORANGE COUNTY.
WHEREAS, the Planning Commission'did hold a public hearing at the Civic Center in the
City of Anaheim on September 18, 2006, at 2:30 p.m., notice of said public hearing having been duty 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#herewith; 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 339 unit single-family attached condominium
planned unit development with modification of development standards and to relocate a legal nonconforming ,
ground-mounted telecommunications antenna is properly one for which a conditional use permit is
- authorized by Anaheim Municipal Code Section Nos. 18.06.030.040.0402 (Single-Family Attached
Dwellings), 18.06.160.010 and :18.06.030.040.0402 (Antennas- Telecommunications - Stealth Ground-
Mounted) with waivers of:
(a) SECTION NO. 18.06.040.010 Minimum lot area per dwellin4 unit. 2 400 s.f. per
unit required; 1.558 s.f. per unit proposed).
(b) SECTION NO. 18.06.090.050 Minimum setbacks between buildinas. 40 feet
required; 20 to 40 feet proposed).
(c) SECTION NO. 18.06.090.060 Maximum wall length. (Maximum 20 feet permitted;
110 feet proposed).
(d) SECTION NO. 18.38.060.0404 Interior setback for telecommunications antenna. (5
feet required; 0 feet for equipment room and 2 feet for
antenna proposed).
(e) SECTION NO. 18.40.060.020
ReQUired improvement of riQht-of-wav. 60-foot wide
public right-of-way required; 52 to 55 feet proposed).
(f) SECTION NO. 18.46.110.020
Cr\PC2006-82
Maximum fence heiqht. (Maximum 8 feet permitted;
14 feet proposed).
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2. That waiver (a) pertaining to the°minimum lot areaper dwelling unit is hereby approved
on the basis that the areas which would be dedicated for use as a public park and the proposed public and
private streets prevent the project from meeting the minimum lot area per dwelling unit. The number of
streets are proposed in order to continue the existing street pattern in the area'and contributes to the
reduction to the minimum lot are per dwelling unit. The overall project complies with the densities
established by the Low-Medium Density Residential General Plan designation, including that portion of the
project in the RM-4 zone, which would allow for higher densities.
3. That waiver (b) pertaining to the minimum setback between buildings is hereby
approved on the basis tha# the requirement is being met along the fronts of adjacent buildings. The
requested waiver applies to the separation of building sides and rears in various locations throughout the
development: The requirement cannot be mef due to the required locations of proposed public streets, which
bisect the property, and have impacted the proposed configuration of buildings. The area between buildings
would include landscaping and a window arrangement to protect the privacy or residents.
4. That waiver (c) pertaining to the maximum wall length is hereby approved on the basis
that the intent of the Code is to ensure articulation along building elevations for multiple-family dwellings.
This intent of the Code is fulfilled by use of balconies, patios and decorative architectural elements.
Compliance with code for #he rear eleva#ions wouldlimit the efficiency of the proposed units and create
articulation in areas'that are not readily visible to the public right-of-way.
5. That waiver{d) pertaining to the interior setback for the telecommunications antenna
and associated utility cabinet is hereby approved due to its location adjacent to a private drive and that
maintaining the required setback would cause the room to encroach within the vehicular accessway. In
addition tfie equipment will be located adjacent to a 14-foot high sound wall and deviation will be
imperceptible for the uses to the east.
6. That the waiver (e) pertaining to the 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 the improvements and the traffic impacts associated with the proposed project.
7. That waiver (f) pertaining to the maximum fence height is approved on the basis that
the proposed wall height is consistent with other previously-approved developments and that it would
function as a visual and sound barrier separating the Metrolink rail road and the proposed residential
buildings.
8. That the proposed relocation of a legal nonconforming ground-mounted
telecommunications antenna is granted in part, approving the relocation of a single carrier monopalm and
denying a three carrier monopine because the monopine facility would be highly visible and the trees
proposed would not be an adequate to provide a backdrop suitable to the facility.
9. That the proposed project is compatible with existing and surrounding land uses and
maintains good overall project design.
10. 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 well designed with adequate
setbacks to the street and within the development.
11. 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.
12. 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.
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13. 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 ~UALITY ACT FINDING: That as demonstrated by the
analysis included in the Final fnvironmental lmpact Report No. 330 EIR (Final EIR) and Addendum, the
proposed project actions will not resul# 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 Na 2006-05072.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions which arehereby
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:
: Telecommunications antenna:
1. That the applicant shall submit plans and photosimulations for a single carrier monopalm or monopine
telecommunications antenna. The alternative selected shall be subjectto review and approval by the
Planning Services Division. The submitted landscape plan shall reflect tree species appropriate for the
selected facility. Any decision by staff may be appealed to the Planning Commission as a Reports and
Recommendations item. '
2. That this telecommunications facility shall be limited to no more than three (3) sectors with no more
than four (4) panel antenna on each sector and accessory ground-mounted equipment. The twelve
(12) antennas shall be limited to a to an operating center height of 65 feet. No additional antennas or
equipmenf cabinets shall be permitted without the approval of the Planning Commission at a noticed
public hearing. Said information shall be specifically shown on the plans submitted by building permits.
3. That the antennas shall be finished and painted to match the faux palm or pine tree. Said information
shall be specifically shown on the plans submitted by building permits.
4. That the equipment enclosure shall be constructed of materials that match the adjacent sound wall and
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. Any decision by staff may be
appealed to the Planning Commission as a"Reports and Recommendations" item.
5. That all equipment, including supply cabinets and power meter shall be screened from the public view.
In addition the cable connecting to the equipment shall be underground and shall not be visible to the
public. Said information shall be specifica~ly shown on plans submitted for building permits.
6. That the Operator shall ensure that its installation and choice of frequencies will not intertere with in the
800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity for
public safety and related purposes.
7. 7hat before activating this facility, the Operator shall submit to a post-installation test to confirm that
the facility does not interfere with the City of Anaheim's Public Safety radio equipment. This test shall
be conducted by the Communications Division of the Orange County Sheriff's Department or a Division
approved contractor at the expense of Operator.
8. 7hat the Operator shall provide a 24-hour telephone number to the Planning Services Division (to be
forwarded to the Fire and Police Departments) to which interference problems may be reported, and
shall resolve all interterence complaints within 24 hours.
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9. That#he Operator shall ensure that any of its contractors, sub-contractors or agents, or any other user
of the facility, shali comply with the terms and conditions of this permit.
10. That should this telecommunication facility be sold, the Planning Services Divisions shall be notified
within 30 days of the close of escrow.
11. That any required relocation of City electrical facilities shall be at the petitioner's expense: Landscape
and/or landscape screening of all pad mounted equipment shall be required and shall be specifically
shown on plans submitted for building permits.
12. That the applicant shall obtain a Right-of-Way Construction Permit from the Public Works Department
for any work within the public right-of-way, including but not limited to installation of conduit, cable, and
electrical service lines.
Conditional Use Permit:
13. That prior to issuance of a building permit, excluding model homes and the recreation center with the
concurrence of the Public Works Department and the City Attorney's Office, the final map shall be
`submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be
recorded in the Office of the Orange County Recorder.
14. , That the City of Anaheim Sewer Impact Mitigation fee for the Old Town Basin 8 Area shall be paid.
15. That all existing driveway approaches on Olive Street and South Street shall be removed and replaced !
with curb, gutter, parkway landscaping, and sidewalk. Said information shall be specially shown on :
plans submitted for building permits. A Right-of-Way Construction Permit shall be obtained from the
Public Works Department. Improvements must be complete prior to final building and zoning
inspections.
16. That the private streets within the devefopment shall be privately maintained. On-street parking shal{ ,
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.
17. That, prior to issuance of a grading permit, 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 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 long-term operation and maintenance of the Treatment
Control BMPs.
18. That, prior to issuance of certificate of occupancy, 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.
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• ` Demonstrate that an' adequate number of copies of the approved Project WQMP are availabie
onsite. _
• Submit for' review and approval by the City an Operation and Maintenance Plan for all structural
BMPs. : : _
19. That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City
Engineer in conformancewith Engineering Standard No. 115. Said information shall be specifically
shown on plans submitted for building permits.
20. That gates shall not be installed across the drivewayin 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.
21. 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
walVfence locations.
22. 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 forbuilding permits.
23. That trash storage areas shall be provided and maintained in a location acceptable to the Pubtic Works
Department, Streets and Sanitation Division and in accordance with approved plans on file' with said
Department. Said information shall be specifically shown on the plans submitted for building permits.
24. 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
25. That the locations for future 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 perrnits. 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.
26. 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.
27. That all existing water services and fire lines shall conform to current Water Services Standards
Specifications. Any water service andlor fire line 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.
28. 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 fully 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.
29. 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 perrnits.
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30. That prior to submitting water improvement plans, the developer shall submit a water system mas#erplan,
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.
31. That water improvement plans in areas not covered under the Cooperation 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 Attorney shalf be posted with the City of Anaheim.
32. ' That prio~ 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
waterservice to the project.
33. 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
wilf be used #o 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 shatl occur in accordance
with Rule No. 15A.6 of the 1Nater, Utiliry Rates, Rules and Regulations.
34. That the property owner/developer shall install street lights on the public streets in areas not covered
under the Cooperation Agreement between the City of Anaheim and the Anaheim Redevelopment Agency
as required by the Electrical Engineering Division. A bond for the installation of the street lights shall be
posted with the Ciry of Anaheim prior to issuance of building permits. The street lightsshall be installed
prior to occupancy.
35. That the property owner/developer shall provide the City of Anaheim with a public utilities easement to be
determined as electrical design is completed.
36. That any required relocation of City electrical facilities in areas not covered under the Cooperation
Agreement between the City of Anaheim and the Anaheim Redevelopment Agency shall be af 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 building permits.
37. 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 discovery.
38. 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.
39. That street trees shall be installed, by the property owner, within the public rights-of-way adjacent to Olive
Street, South 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 spec'rfically shown on plans submitted for building permits.
40. 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 shall be specifically shown on the plans submitted for building permits.
41. That the applicant shall agree to construct affordab(e units and record in the official records of Orange
County, Califomia, an unsubordinated density bonus housing agreement, in a form acceptable to the
City Attorney and Community Development Department, against each of the affordable units. The
affordable units shall be subject to the requirements of the density bonus housing agreement for a
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period of thirty (30) years, beginning on the date a certificate of occupancy is granted for the affordable
units:
42. That final building elevation plans shall be submitted to the Planning Department for review and
approval. Any decision made by the Planning and Comm.unity Development Departments regarding said
plan may be appealed to thePlanning Commission as a Reports and Recommendations item. Such
information shall be specifically shown on the plans submitteci for building permits.
` 43. 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 for all trees
required by Code, minimum 5 gallon shrubs for fifty percent (50%) of shrubs required by Code,
groundcover, and clinging vines to be planted in layers. The landscape material selected sha11 be
appropriate to the width of either the parkway or the plan#er area. Any decision matle by the Planning and
Communiry Development Departments regarding said plan maybe 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.
44. That the owner shall submit a request for termination of Variance No. 3530 (waiver of maximum number
of compact parking spaces and minimum number of parking spaces to construct an industrial
warehouse facility), Variance Na 4242 (waiver of minimum number of parking spaces to construct a _
49,615 square foot office area within a 406,992 square foot industrial complex) and Administrative
AdjustmentNo. 138 (waiver of maximum fence height to construct a six foot high wrought iron fence
within the required setback area) since these entitlements are no longer necessary.
45. 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 36, and as conditioned herein.
46. 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, 5,12, 13, 14, 15, 19, 20, 21, 22, 23, 24, 25, 28,
29, 31, 34, 36, 39, 40, 41, 42, 43, and 44, above-mentioned, shall be complied with. Extensions for further
#ime to complete said conditions may be granted in accordance with Section 18.60 of the Anaheim
Municipal Code.
47. 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.17, above-mentioned, shall be complied with. Extensions for further
time to complete said conditions may be granted in accordance with Section 18.60 of the Anaheim
Municipal Code. :
48. That prior to final building and zoning inspections, Condition Nos. 6, 8, 15, 18, 34 and 45,
above-mentioned, shall be complied with.
49. That 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.
50. 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 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, 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 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
September 18, 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 event of an appeal. :
,
CHAIRMA , AHE PLANNING COMMISS
ATTEST: .
1
-.r. n -~-°
/' ,
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 September 18, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
WITNESS WHEREOF, I have hereunto set my hand this ~ q~ day of
~t , 2006.
/(~t~,..,-s~t-~-- / ~ ~~o
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
PC2006-82