Resolution-PC 2007-100• ~
RESOLUTION NO. PC2007-100
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
AMENDING CONDITIONAL USE PERMITNO. 2004-04917 -
AND CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2004-131,
ADOPTED THEREWITH
(TRACKING NO: CUP2007-05238) _
(891 SOUTH WALNUT STREET)
WHEREAS,: the Anaheim Pianning Commission did receive a verified Petition for Conditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
PARCEL A: '
PARCEL 1 OF PARCEL MAP NO. 87-237, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER FILED W BOOK 225, PAGES 34 AND 35
OFPARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY:
WHEREAS, on November 1, 2004, the Anaheim Planning Commission, by its Resolution
No. PC2004-131 approved Conditional Use Permit No: 2004-04917 to establish a 151-unit seniorcitizen's
apartment retirement community including independent living, assisted living, memory impairment and '
various recreation facilities for senior citizens and retain an existing 99-bed skilled nursing facility and chapel
with waiver of minimum structural setback and landscape setback adjacent to a single family zone, minimum
number of parking spaces, maximum fence height, maximum structural height and minimum floor area per
dwelling unit; and
WHEREAS, on February 6, 2006, the Anaheim Planning Commission, by its Motion
approved a request for a time extension to comply with conditions of approval for a previously approved 151-
unit senior citizen's apartment retirement community including independent living, assisted living, memory
impairment and various recreation facilities for senior citizens and retain an existing 99-bed skilled nursing
facility and chapel with waivers; and
WHEREAS, said Resolution No. PC2004-131 includes the following condition of approvaL•
"43. 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 30 as
conditioned herein °
WHEREAS, this property is currently developed with a 99-bed skilled nursing facility and
chapel; that the facility is zoned Multiple-Family Residential (RM-4); and the Anaheim General Plan
designates this property for Low Density Residential land uses; and
WHEREAS, the applicant has requested amendm nt of this conditional use permit to amend
exhibits to construct an additional five units for a previously-appro~ed senior apartment complex, pursuant to
Code Section 18.06.030.0404.0402 (Senior Citizen Housing) of th~ Anaheim Municipal Code; and
WHEREAS, the Planning Commission did hold a ublic hearing at the Civic Center in the
City of Anaheim on August 20, 2007, at 2:30 p.m., notice of said p blic hearing having been duly given as
required by law and in accordance with the provisions of the Anah~im Municipal Code, Chapter 18.60, to
hear and consider evidence for and against said proposed conditi nal use permit and to investigate and
make findings and recommendations in connection therewith; and
Cr\PC2007-100 ` -1- PC2007-100
• ~
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behaif, and after due consideration of aii evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the proposal to amend exhibits to construct an additional #ive units for a previously=
approved senior apartment complex is properly one for which a co ~ditional use permit is authorized by
Anaheim Municipal Code Section No. 18.06.030.010 (Senior Citize~ Mousing).
2. That the proposed additional five, one bedroom units, as conditioned herein, would not
adverse(y affect the adjoining land uses and the growth and develop~ ment of the area in which it is proposed
to be located because the site was previousiy approved with a similar land use with no adverse affects to
adjoining iand uses.
3. That the size and shape of the site for the senior citizen housing is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area or to the health and
safety.
4. That granting of the conditional use permit under t e conditions imposed, will not be
detrimentai to the health and safety of the citizens of the City of An~heim and wil! provide a land use that is
compatible with the surrounding area.
5. 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 QUAUTY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to construct an additional fibe units for a previously-approved senior
apartment complex and does hereby find that the Mitigated Negative Declaration previously approved in
connection with Conditional Use Permit No. 2004-04917 is adequa~e to serve as the required environmental
documentation in connection with this request.
NOW, THEREFORE, BE IT RESOLVED that the aheim Planning Commission for the
reasons hereinabove stated does hereby amend and approve Con itional Use Permit No. 2004-04917
(Tracking Na CUP2007-05238) to amend exhibits to construct an dditional five units for a previously-
approved senior apa~tment complex.
BE IT FURTHER RESOLVED that Anaheim Planning Commission does hereby amend the
conditions of approval of Resolution No. PC2004-131, pertaining to Conditional Use Permit No. 2004-04917,
as follows:
Modified conditions in bold.
1. That an Encroachment License for the 6-foot high wrought iron fence along Walnut Street shall be
obtained from the Public Works Department.
2. That a minimum 6-foot high block wall shall be installed along the north property line abutting the
single-family residential zone boundary. Said block wall shall be planted with clinging vines on the
south side in order to reduce graffiti opportunities. Said information shall be specifically shown on
plans submitted for building permits.
3. 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. ,
-2- PC2007-100
• ' ~ .
4. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 610
and maintained to the satisfaction of the Pubiic Works Department, Streets and Sanitation Division.
The turn-around area shali be provided through each construction phase of the project. Said
turn-around area shall be specifically shown on plans submitted for building permits. _
5. That trash storage areas shall be provided and maintained in a location acceptabie to the Public Works
Department, Streets and Sanitation Division and in accordance with approved plans on file with said
Department. Said information shall be specifically shown on plans submitted for building permits.
6. 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
7. That a comprehensive solid waste management program shaq be submitted to the Public Works
Department, Streetsand Sanitation Division.
8. Thaf any existing driveway approaches on Ball Road or Walnut Streef that are being closed shall be
replaced with curb, gutter, parkway landscaping and s+dewalk. Al! proposed new driveways on Ball
Road and Walnut Street shall conform with Public Works'Standard Detail No. 115-A. Said information
shall be specifically shown on plans submitted for building permits.
9. That the existing buildings (except the Chapel and 99 Bed Skilled Nursing Facility) on the property shall be
demotished. The legal property owner shall obtain a demolition permit from the Building Division.
10. That all backflow equipment shall be located above ground outside of the street setback area in a
manner fully screened from all public streets. Any backflow assemblies currently installed in a vault
shall comply with current standards. Any other large water system equipment shall be installed to the
satisfaction of the Water Engineering Division outside of the street setback areas in a manner fully
screened from all public streets and alleys. Said information shalt be shown on plans and approved by
Water Engineering and Cross Connection Control Inspector before submittal for building permits.
11. That since this project has a common landscaping area exceeding 2,500 square feet, a separate
irrigation meter shall be installed and shall comply with City Ordinance Na. 5349 and Chapter 10.19 of
the Anaheim Municipal Code. Said information shall be shown on plans submitted for building permits.
12. 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.
13. That address number shall be position so as to be readily readable from the street. Minimum number
height of 12 inches recommended. Numbers should be illuminated during hours of darkness. Said
information shall be specifically shown on plans submitted for building permits.
14. That 4 foot high rooftop numbers shall be placed on the roof in a contrasting color to the roofing
material and shall not be visible from adjacent public streets. Said information shall be specifically
shown on plans submitted for building permits.
15. That adequate lighting of parking lots, shipping and receiving areas, circulation areas, aisles,
passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of
sufficient wattage to provide adequate illumination to make clearly visible the presence of any person
on or about the premises during the hours of darkness and provide a safe, secure environment for ap
persons, property and vehicles on-site. Said information shall be specifically shown on plans
submitted for building permits.
-3- _ PC2007-100 , .
• •
16. That the property shail be pecmanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four
(24) hours from the #ime of discovery.
Prior to issuance of a aradin~ qermit, the #ollowin~ conditions shall be complied with:
,
17. That prior to grading plan approval, the applicant shaii demonstrate that coverage has been obtained
under California's General Permit for Stormwater Discharges Associated with Construction Activity by
providing a copy of the Notice of Intenf (NOI) submitted to the State Water Resources Control Board
and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDI)
Number. The applicant shall prepare and impiement a Stormwater Poliution Prevention Plan
(SWPPP). A copy of the current SWPPP shall be kept at the project site and be available for City '
review on request. ,
18. That priar to grading plan approval, the applicant shall submit a Drainage Study prepared by a
registered professional Civil Engineer in the State of California. ° The Study shall be based upon and
reference the latest edition of the Orange County Hydrology Manual the applicable City of Anaheim
Master Plan' of Drainage for the project area. All drainage sub-area boundaries per the Master Plan #or
Drainage shall bemaintained. The Study shall include: an analysis of 10-, 25- and 100-year storm
frequencies; an analysis of all drainage impacts to the existing storm drain system based upon the
ultimate project build-out condition; and address whether off-site and/ or on-site drainage '' -
improvements (such as detentionLretention basins or surface runoff reduction) will be required to
prevent downstream properties from becoming flooded.
19. That the City of Anaheim Sewer lmpact Mitigation fee for the Old Town/Basin 8 Area shall be paid. The
mitigation fee is currently $1,706/unit for multi-family developments. '
20. That prior to the issuance of 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 opera4ion and maintenance of the Treatment
Control BMPs, and
• Describes the mechanism for funding the long-teRn operation and maintenance of the Treatment :
Control BMPs.
Prior to final buildinq and zonin4 inspections the followin~ conditions shall be complied with:
21. 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 30 (Revision No.1 to Exhibits 5, 6,
and 7) as conditioned herein.
22. 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.
. ~
23. That final landscape and irrigation plans shall be submitted to the Planning Services Division forreview
and approvaL Said plans shall show minimum 24-inch box size evergreen trees on maximum 20 foot
centers along the north property line. Any decision made by the Pianning Services Division regarding
said plan may be appealed to the Planning Commission as a Reports and Recommendations item. All
trees'shali be properly and professionally maintained to ensure mature, healthy growth.
24. That a~nal detailed signage program (revising Exhibit No. 29) indicating sigrrtypes and location shall
be submitted to the Planning Service Division for review and approval. Freestanding signs visible to
the public right-of-wayshall be limited to one (1) 20 square foot identification sign per frontage. Any
decision madeby thePlanning Services Division regarding said sign program may be appealed to the
Planning Commission as a Reports and Recommendations item.
25. That all air-conditioning facilities and other ground-mounted equipment shall be properly shielded from
view and the sound buffered #rom adjacent residential properties. Such information shail be
specifically shown :on the plans submitted for building permits.
26. That the existing public utilities easement shail be abandoned. An abandonment application, copy of .
recorded easement, Grand Deed or Title Report, and sketch of the area to be abandoned shall be
submitted to the Real Property Section of the Public Works Department.
27. That the developer shall submit landscape and irrigation plans for the public parkway along Walnut
Street. The plans shall be included in the street improvement plans and shall be approved by the
Planning andPublic Works Departments.
28. That the legal property owner shall irrevocably offer to dedicate an easement to the City of Anaheim for
a corner cutoff at the Walnut Street and Ball Road intersection.
29. That the City of Anaheim Drainage Impact and lmprovement Fee for the South Central Area shall be
paid. The fee is currently $16,312 per acre.
30. That water improvement plans shall be submitted to the Water Engineering Division for approval and a
performance bond in the amount approved by the City Engineer and CityAttorney shall be posted with
the City of Anaheim.
Prior to Occupancv of the Facilitv:
31. That prior to occupancy of the facility the developer shall submit street improvement plans to the Public
Works Department, Development Services Division to improve Walnuf Street (Secondary with a bike '
lane and a 45-foot %2 width) in conformance with Public Works Standard Detail 160-A. Walnut Street
shall be widened 15 feet per Standard Detail 160-A (existing 20-feet between centerline and curb, 35-
feet required). A 5-foot wide parkway landscaping strip and 5-foot wide sidewalk shall be constructed
with the parkway irrigation connected to the on-site irrigation system and maintained by the property
owner. No additional right-of-way dedication is required. A bond shall be posted in an amount
approved by the City Engineer and a form approved by the City Attorney prior to issuance of a building
permit. A Right-of-Way Construction Permit shall be obtained from the Development Services Division
for all work performed in the right-of-way. The improvements shall be constructed prior to the
certificate of occupancy.
32. 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,
_5_ PC2007-100
. ~
• Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite,
and
• Submit for review and approval by the City an Operation and Maintenance Plan for all structural
BMPs.
Generai Conditions:
33. That any tree planted on-site shail be repiaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
34. That the two guest units shall not be used as primary residences.
35. That the ancillary support services for the residents shall only be used for residence, their guest and
' persons employed at this facility.
36. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
37: That any required relocation'of City electrical facilities shall be at the developer's expense including the
existing electrical power poles located along #he north propertyline. That landscape and/or hardscape
screening of all pad-mounted equipment shall be required and shall be shown on plans submitted #or
building permits.
38: ' 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 permits. Plans shall also identify the specific screening treatments of each
device (i.e. landscape screening, color of walls, materials, identifiers, accesspoints, etc.) and shall be
subject to the review and approval of the appropriate City departments.
39. That the 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.
40. That all plumbing or other similar pipes and fixtures located on the exterior of the buildings shall be
fully screened by architectural devices and/or appropriate building materials. Said information shall be
specifically shown on the plans submitted for building permits.
41. That all existing water services and fire lines shall conforrn 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 longer needed. The
owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire Jine.
42. That the developer shall be responsible for compliance with all mitigation measures within the
assigned time frames and any direct costs associated with the attached Mitigation Monitoring Program
No. 125 as established by the City of Anaheim and as required by Section 21081.6 of the Public
Resources Code to ensure implementation of those identified mitigation measures.
43. 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.
44. Extensions for further time to complete conditions of approval may be granted in accordance with
Section 18.60.170 of the Anaheim MunicipaL
-6- PC2007-100 `
. ~
45, 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 approva! of the
request regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that, except as amended herein, Resolution No. 2004-131
shall remain in fuil force and effect. '
'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 related
totheprocessing 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 ali 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#he Planning Commission meeting of
August 20, 2007. Said resolution is subject to the appeal provisions sef 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
CHAIRMAN O TE ORE, ANAHEI PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1, 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 August 20, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, EASTMAN, FAESSEL, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BUFFA
IN WITNESS WHEREOF, I have hereunto set my hand this l0 ?~ day of
t , 2007. '
~-s -~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION