Resolution-PC 2007-3• •
RESOL-U710N NO: PC2007-3
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
AMENDING RESOLUTION NO. PC2006-52 APPROVING
CONDITIONAL USE PERMIT NO. 2006-05092
{111-125 WEST ELM STREET)
WHEREAS, on June 12, 2006, the Anaheim Planning Commission did, by its Resolution No.
PC2006-52, approve Conditional Use Permit No. 2006-05092 to construct a 52-unit affordable apartment
compiex with a density bonus (60 dwelling units per acre permitted; 68 dweNing units per acre proposed) and
incentives for minimum lot size and dedication.and improvement of right-of-way; and
WHEREAS, Resolution Na PC 2006-52, adopted in connection with subject conditional use
permit, includes the following conditions of approval:
"3L Thaf the applicant shall agree to construct, operate and maintain the Affordable Units in accordance
with a written "Afifordability Agreement" between the applicant and the City, in a form acceptable to
the City Attorney and Community DevelopmenfiDepartment, 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 Services Division for review
and approval by the Planning Commission as a Reports and Recommendations item:'
37. That the developer shall submit public sewer improvemen4 plans to the Public Works Department,
Development Services Division and a bond shalf be posted to guarantee that the existing six (6}
inch VCP sewer in Elm Street west to Lemon Street and then south to Santa Ana Street is replaced
with an eight (8) inch VCP sewer fine (approximately 920 feet). The improvement shal{ be
constructed prior to final building and zoning inspections."
WHEREAS, the applicant has requested to modify the "affordability" component of the project,
add a third incentive, and amend/delete conditions of approval pertaining to an affordability agreement and
sewer improvements; and
WHEREAS, the applicant has requested review of final elevation plans for a 52-unit affordable
apartment complex; and
WHEREAS, this property is currently developed with a historically-significant single family
home and detached garage; the underlying zoning is I(MU) (Industrial; Mixed Use Overlay); the Anaheim
General Plan designates this property ior Mixed Use land uses; and this property is located within the
Merged Redevelopment Project Area; and is situated in the City of Anaheim, County of Orange, State of
California, described as follows, to wit:
PARCEL A: 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 COUN7Y.
PARCEL B: THE EASTERLY RECTANGULAR ONE-HALF OF TOWN LOT 55 OF
ANAHEIM, IN THE CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOK 4 PAGES
629 AND 630 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
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WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on January 8, 2007, af 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 amendment to 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 construcf a 44-foot high, 52-unit affordable apartment complex
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 autharized by Anaheim Municipal Code
Section 9 8.32.030.120 with the following incentives: '
(a) SECTION NO. 18.32.040 .
(b) SECTION NO. 18.32.080.030**
(c) SECTION NO. 18.40.060
Minimum lot size. (3 acres required; 0.76 acre
proposed).
Minimum width of pedestrian accesswavs.
~ to 12 feet required; 5 to 10 feet proposed) ,
Dedication and imqrovement of riqht-of-wav. 60-foot
wide public right-of-way required; 55 feet proposed).
**Additional incentive.
2. That at least either (a) fifteen percent (15%) of the total number of units will be allocated for
~ Very Low Income Households or (b) thirty percent (30%) of the total number of units will be allocated for
Lower Income Households (the "Affordabte Units"); 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, (b) dedication and
improvement of right-of-way and (c) minimum width of pedestrian accessways are hereby apqroved 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 fifteen percent (15°!0) of the total number of units for Very Low Income
Households or thirty percent (30%) of the total number of units for Lower Income Households. In addition, in
regards to incentive (b), the proposed street frontage adjacent to the project would be similar to the existing
street width.
4. The additional incentive pertaining to minimum width of pedestrian access ways is hereby
apqroved as State Law requires that three incentives be granted for projects that pravide a minimum of at
least thirty percent (30%) of the total units for Lower Income Households or fifteen percent (15%) of the total
units for Very Low {ncome Households. The requested incentive has been reviewed and approved by the
Fire Department for life/safety issues, and the project would be in compliance with the density bonus
provision of State Law as indicated above.
5. That the request for modification to the affordability is hereby approved since the project
would be in compliance with the density bonus provisions of State Law (Government Code Section 65915).
6. 7hat the request for modification of Condition No. 31 pertaining to the affordability
agreement is hereby a~proved since the modification would not change the intent or purpose of the
condition.
7. That the request to delete Condition No. 37 pertaining to public sewer improvement plans
associated with the project is Mereby approVed since the improvements referenced in the previous approval have
been incorporated into and are subject to an existing Cooperation Agreementbetween the Redevelopment
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Agency and the Public Works Department. Additionally, these improvements would be complete by December,
2008, and coordinated with the completion of this project
8. That the proposed project is compatible with existing and surrounding land uses and
_ maintains good overall project design.
9. That the project would not adversely affect#he 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.
10. That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposed use in` amanner not detrimental to the particular area.
11. 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.
12. 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 Mixed Use Ordinance
(Chapter 18.32), would achieve a good project designed to preserve and enhance the neighborhood. The
applicant has demonstrated that the setback and height modifications are necessary to make the housing
units economically feasible.
13. That the modifications would allow for a development that 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
manner that would not adversely affect the adjoining land uses and the growth and development of the area
in which it is proposed.
14. That commercial floor area would not be needed in conjunction with this residential project
since the project is located on a local residential street with no commercial activity or attractions, and since
the project would be located in close proximity to office, retail, business services, personal services, public
spaces and uses, and other community amenities within Downtown Anaheim.
15. That no one indicated their presence at said public hearing in opposition; and that an e-mail
was received expressing concems pertaining 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. 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 City Planning Commission does
hereby approve the amendment to Conditional Use Permit No. 2006-05092, as described above; and
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
amend the conditions of approval of Resolution No. PC2006-52, relating to Conditional Use Permit No. 2006-
05092, as follows:
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 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 inforrnation shall be specifically shown on plans submitted for building permits.
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3. That prior to issuance of a grading perrriit; the applicant shali submit to the Public Works Department
Development Services Division for review and approvaf 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 de~ned 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 {ong-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 the Project WQMP have been constructed and
installed in conformance with approved plans and specifications.
• Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the
Project WQMP. :
: • Demonstrate that an adequate number of copies of the approved Project WQMP are available
onsite.
• Submit for review and approval by the City an Operation and Maintenance Plan for all structural
BMPs.
~ 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 ptans 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 appcoval 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 his review and approval in
conformance with the Engineering Standard No. 115 pertaining to sight distance visibility for the sign and
walUfence 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. 4026, 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 turn around area shall be provided per Engineering Standard Detail No. 476 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 building permits.
12. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works
Department, Streets and Sanitation Division a~d in accordance with approved plans on Fle with said
Department. Said storage areas shall be designed, located and screened so as not to be readily
identifiable from adjacent streets or highways. Thewalls 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
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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 recycling shall be submitted to the
Public Works Department, Streets and Sanitation Division for review and approvaL
14. : 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, materiels, 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 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. :,
17. 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 instafled 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
fram all public streets and aAeys. Said information shall be specificaNy shown on plans and approved by
Water Engineering and the Cross Connection Control Inspector.
18. 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 the Anaheim Municipal Code.
Said information shall be specifically shown on plans submitted for building permits.
19. 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 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 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 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 shall submit to the Public Utilities Water Engineering Division an estimate of the
maximum fire flow rate and maximum day and peak hour water demands for the project. This information
will be used to determine the adequacy of the existing water system to provide the estimated water
demands. Any off-site water system improvements required to serve the project shall occur in accordance
with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations.
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.
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24. Thatthe property owner/developer shall provide the City of Anaheim with a public utilities easement to be
determined as electrical design is completed:
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 shall be shown on plans
submitted far building permits.
26. That the entire property shall be permanently maintained in an orderly fashion byproviding regular
landscape maintenance, removal of trash or debris, and removal of graffiti 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 installed, 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 ForestryDivision of the Community
Services Department. Said information shall be specifically shown on plans submitted for building permits.
29. That all air conditioning apparatus and other roof and ground-mounted equipment shaA 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.
30. That all dwelling units shall be assigned street addresses, and all public and private streets shall be '
assigned street names, by the Planning Department.
31. That the applicant shall agree to construct, operate and maintain the Affordable Units in accordance
with a written "Density Bonus Housing Agreement" between the applicant and the City, in a form
acceptable to the City Attorney and Housing Authority, 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 Density Bonus
Housing 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 office. The covenant shall include provisions for
maintenance of private facilities, including compliance with an approved Water Quality Management Plan
and maintenance exhibit. The covenant shall be recorded prior to the issuance of a bui{ding 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 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 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. 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 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 PermitNo. 1473 (to permit a motorcycle repair facility with outdoor storage with
waivers of required screening of outdoor uses and minimum number of parking spaces).
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37. Intentionally deleted at the January 8, 2007, Commission meeting as requested.
38. 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 ~fe with the Pfanning
Department marked Exhibit Nos. 1 through 9, and as conditioned herein.
39. Thatprior to issuance of a grading permit, or within a period of one (1) year from the date of this resolution,
whichever occurs first, Condition Na 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 ~rst, Condition Nos. 1, 2, 5, 6, 7, 8, 11, 12, 13, 14, 17, 18, 23, 24, 2528, 29,
30, 31, 32, 33, 34, 36, and 37, above-mentioned, shall be complied with. Extensions for further time to
complete said conditions may be granted in accordance with Section 18.60.170 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 with.
42. That approval of #his 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 otherapplicabie ordinance, regulation or requirement.
SE IT FURTHER RES~LVED 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 tT 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 RESOLU~ION was adopted at the Planning Commission meeting of
January 8, 2007. Said resolution is subject to the appeal provisions set fort in Chapter 18.60 "Procedures"
of the Anaheim Municipal Code pertaining to appeal procedures a replac d City Council
Resolution in the event of an appeal. ~
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CAUFORNIA )
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 January 8, 2007, by the fol{owing vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT. COMMISSIONERS: FLORES
tN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
, ,r , 2007.
h~ ~~LZ~r'~•.~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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