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PC 2006/08/21a i la ni issi a Monday, August 21, 2006 Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California ® Chairman: Gail Eastman ® Chairman Pro-Tempore: Kelly Buffa e Commissioners: Stephen Faessel, Cecilia Flores, Joseph Karaki, Panky Romero, Pat Velasquez ® Call To Order Preliminary Plan Review 1:00 P.M. • Discussion. on Mobile Home Park Overlay • Staff update to Commission on various City developments and issues (As requested by Planning Commission) • Preliminary Plan Review for items on the August. 21, 2006 agenda ® Recess To Afternoon Public Hearing Session • Reconvene To Public Hearing. 2:30 P.M. For record keeping purposes if Vou wish to make a statement regarding any item on the agenda please complete a speaker card in advance and submit it to the secretary. ® Pledge Of Allegiance . Public Comments ® Consent Calendar ® Public Hearing Items ® Adjournment You may leave a message for the Planning. Commission. using the fallowing e-mail address: planningcommission(a)anaheim.net H:\docs\clerical\agendas\082106.doc (08/21106) Page 1 Anaheim Planning Commission Agenda - 2:30 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim Planning Commission. or public comments on agenda items with the exception of public hearing items. Consent Calendar: The items on the Consent Calendar will be acted an by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. Minutes 1A. Receiving and approving the Minutes from. the Planning Commission Meeting of August 7, 2006 (Motion) H:\dots\clerical\agendas\062106.doc (08/21/06) Page 2 Public Hearina Items: 2a. CEQA ENVIRONMENTAL IMPACT REPORT N0.280 Request for (PREVIOUSLY CERTIFIEDI Continuance to 2b. AMENDMENT NO. 4 TO THE PACIFICENTER SPECIFIC October 2, 2006 PLAN NO. 88-3 (TRACKING NO. SPN2006-00034) Owner: Tustin Retail Center, LLC, Attn: Julie Collins, 3670 West Oquendo Road, Las Vegas, NV 89118 Agent: Mark Frank, Promotional Signs, 20361 Hermana Circle, Lake Forest, CA 92630 Location: 3610-3720 East La Palma Avenue and 1001-1091 North Tustin. Avenue: Property is approximately 25.8 acres and is located at the southwest corner of La Palma Avenue and Tustin Avenue (The Pacificenter Specific Plan No. 88-3). Request to modify the zoning and development standards pertaining to signage and hotel occupancy limitations for the Pacificenter Specific Plan No. 88-3. Continued from the May 31, June 12, and July 24, 2006, Planning Commission meetings. Project Planner. (dherrick@anaheim. net) Specific Plan Resolution No. 3a. CEQA NEGATIVE DECLARATION 3b WAIVER OF CODE REQUIREMENT 3c. CONDITIONAL USE PERMIT NO. 2005-05055 Owner: Albert Bahu, 757 Encanto, Corona, CA 92883 Location: 5700 East La Palma Avenue: Property is approximately 0.52-acre and is located at the southeast corner of La Palma Avenue and Imperial Highway. Request to construct a three (3) unit commercial retail center and to permit roof-mounted equipment in the Scenic Corridor (SC}Overlay Zone with waiver of minimum landscape and structural setback. Project Planner: Continued from the July 10, and 24, 2D06, Planning Commission meetings. (kwong2@anaheim.net) Conditional Use Permit Resolution No. H:\docs\clerical\agendas\082106.doc (08/21 /O6) Page 3 4a. CEQA ENVIRONMENTAL IMPACT REPORT NO. 330 (PREVIOUSLY-CERTIFIED) 4b. ZONING CODE AMENDMENT NO. 2006-00049 Agent: City of Anaheim, 200 South Anaheim Boulevard, Anaheim, CA, 92805 Location: Citywide Request to amend Chapter 18.52 (Density Bonus) of the Anaheim Municipal Code to reflect current California State Government Code Sections 65915 through 65918, Density Bonuses and Other Incentives, and to request approval of a Density Bonus Implementation Regulations document to be project Planner. referenced in Chapter 18.52. (tsato@anaheim.net) Continued from the July 1D,. and August 7, 2006, Planning Commission meetings. 5a. GEQA NEGATIVE DECLARATION Request for Sb. CONDITIONAL USE PERMIT N0.2006-05111 Continuance to September 6, 2006 Owner: North Anaheim Associates, LLC, 1945 Placentia Avenue, Costa Mesa, CA 92627 Agent: Aspen Associates Telecom, Amit Patel, 1223 Federal Avenue, No. 212, Los Angeles, CA 90025 Location: 1045 North Kemp Street*: Property is approximate 20-acres, having a frontage of 183 feet on the west side of Kemp Street and is located 448 feet north of the centerline of La Palma Avenue Request to permit a telecommunications facility disguised as a palm-tree with accessory ground-mounted equipment in an industrial office park.. Continued from the July 24, and August 7, 2006, Planning Commission meetings. *Advertised as 1075 North Kemp Street. Project Planner: (kwong2@anaheim. net) Conditional Use Permit Resolution No. H:\dots\clerical\agendas\082106.doc (08/21 /06) Page 4 6a. CEQA NEGATIVE DECLARATION 6b WAIVER OF CODE REQUIREMENT 6c. CONDITIONAL USE PERMIT NO. 2006-05119 Owner: Donald G. Strenk, BP West Coast Products, 4 Centerpointe Drive, La Palma, CA 90623-1066 Agent: Tim Saivar, TW Layman Associates, 16633 Ventura Boulevard, # 1320, Encino, CA 91436 Location: 700 South State College Boulevard: Property is approximately 0.46-acre and is located at the southeast corner of State College Boulevard and South Street. Request to construct a four (4) unit commercial retail center with waiver of minimum landscape and structural setback. Conditional. Use Permit Resolution No. 7a. CEQA NEGATIVE DECLARATION 7b. RECLASSIFICATION NO. 2006-00181 7c. CONDITIONAL USE PERMIT NO. 2006-05120 7d. TENTATIVE TRACT MAP NO. 17019 Owner: Dragomir Lisak and Sonja Lisak, 3211 West Lincoln Avenue, Anaheim, CA 92804 Agent: Mahendra Desai, Desai Construction, 2040 South Santa Cruz Street, Suite 115, Anaheim, CA 92805 Location: 3211 West Lincoln Avenue: Property is approximately 0.44-acre, having frontages of 137 feet on the north side of Lincoln Avenue and is located 161 feet west of the centerline of Western Avenue. Reclassification No. 2006-00181 -Request reclassification of the subject property from the C-G (General Commercial) zone to the RM-3 (Multiple-Family Residential) zone, or a less intense zone. Conditional Use Permit No. 2006-05120 -Request to construct a 6-unit attached single-family residential condominium complex. Tentative Tract Map No. 17019 - To establish a 1-lot, 6-unit airspace attached residential condominium subdivision. Reclassification Resolution No. Conditional Use Permit Resolution No. Requeslfor Continuance. to September 6, 2006 Project Planner. QpramirezQ anaheim. net) Pmjecf Planner: (pramimz oQanaheim.net) Adjourn To lNednesday, September 6, 2006, at 1:00 P.M. for Preliminary Plan Review and Workshop on Green Building Program and Proposed Historic Palm. District. H:\docs\clerical\agendas\082106.doc (08/21 /06 ) Page 5 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 10:00 a.m. August 18, 2006 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND /~. COU~NyCI`L^DnIS,,PLAY-KI/O~SK SIGNED: Vl B~~/ 17I !/~G~!' If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits and Variances will be final 22 days after Planning Commission action and any action regarding Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office,. shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM PLANNING COMMISSION In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (714) 765-5139. Notification no later than 10:00 a.m. on the Friday before the meeting will. enable the City to make reasonable arrangements to ensure accessibility to this meeting. Recorded decision information. is available 24 hours a day by calling the Planning Department's Automated Tele hone S stem at 714-765.5139. H:\docs\clerical\agendas\082106.doc (08/21 /06) Page 6 SCHEDULE 2006 September 6 (Wed) ~~ September 18 ~) October 2 October 16 October 30 November 13 November 27 December 11 II December 27 (Wed) II H:\dots\clerical\agendas\082106.doc (08/21106) Page 7 Item No. 2 " NP49T2 LUP ]341 EAGLE pR IvAR ]4x61 CORVETTE MIKE SP 94-1 Wp. FIRM1L RCL 61-62-69 (23) CUP 261fi CUP 2]59 MELVILLE WAV CUP 325C W GENERFL ELECTRIC GP 94-1 RLL fit-fi2L9 (321 SP 94-1 W RLL 61 EZL9 (32) ~ RCL 614i24i9 (32) INpUSTL IAL rv'. Q LANYpN GATE PLAZA m INO. FIRMS FIRMS V Z SP gat R 9P 844 6566-2d ( 3 (n c 'N SP B4T F CL 65.6G24( LLfi566t9 L m ,~ SP B4-1 u RLL fi65)-14 (n RLL 65661] WPtibd A RCL fit-fi2E9 (32) y~-o LL 61-63b919 ~ LIIP ]B]B EL~PWTING m LVP ]961 F PCN 96-06 B~p~G CENTERS m ~ SP B4-1 ¢ 6ERV. STN, RCL 61Pfi24i9 (64)C ~ aP -' LA PALMA AVENUE ~~-]45'~ ~, ~ 9P 04-1 RLL 6541624 (Z1) ., RLL 65-6613 CUP 2306 VAR 4329 SMALL OFFICES SP 94 1 - RC161-62-69(3) sP 9an ~ CUP 3644 ~ - A a) R 5 SP 68 3 I,. V 4 sscsth ec& SP 94-1 Q ~. T-SPN2006-00034 AUT0 T-cUPZ99z-94iT4 REPAIR RCL 61.62-69 (36) Q RCL 66-67-14 ~ ' cuP zp914u33e CUP 3669 O RCL 58-68-112 L% RESrnL?fi~s INDUSTRIAL v CUP 4119 I~ - " FIRM Q- CUP 3410 ~ -- ~ CUP 3371 ~ ~ (y( RaeLe°%se pal (fl/ CUP 3366 ~% ~ cvPssu `< CUP 3216 Z vARwe4 Q 0. VAR 4103 W SP 94-i vl Q ? FSP 2002 00006 I e ~ ' RCL fiS66-24 (26) 's (VAR 4134) 5 ~ ' ' ~ ~ RLL SJ ~3 a9(]s) O COMMERCIAL RETAIL ~` Z CUP 2019 ,SHQP JNQ CEJJTEF3._r l Q CUP 1967 ~ ~ , ~ CUP 1902 fCn ~ < r ,~ ~ ~ VAR 3976 :" ~ ~ H1 m Q RCL 6Sfie-13 0. s F ~ S -i. sP 94n O - ti MALL COMMERCIAL - A sMALUNp ti ~-. ~ ' , SHOPS . " ~ )' m FIRMS = 1 ~ ~ ffi "I O - 4 .'z > ~ f- y Z Nx ~ , ~ ro f ~r- i „ ., ~( ~ a , s r o Q xF r3 - ~ ~ 9P 94.1 , , S , { ~ s , 11~ , `; y ~ ~ a~ *` LEVIT2 sP ed-1 cuP 36x6 ~ , ~ ,L +'~ 1 ~ snuLUNp. n t ~, S 1' ~ -;`f ` ° FIRM ~3 : tL a ~ B aBIWI J ~ ~ X SP 94-1 RCL 65-66 (Res pf IntenLl /~ RIVERSIDE FREEWAY RCL 5Fa6G / / ~ / ` T-CUP 2003-[ ` / \ 1 CUP 402 CUP 216'. pI IV ALL PROPERTIES ARE IN THE MERGED REDEVELOPMENT PROJECT AREA (NORTHEAST AREA) Specific Plan No. 88-3 Subject Property TRACKING NO. SPN2006-00034 Date: August 2l, 2006 Scale: 1 " = 200' Requested By: TUSTIN RETAIL CENTER, LLC Q.S. No. 150 3610-3720 East La Palma Avenue and 1001-1091 North Tustin Avenue (The Pacificenter Specific Plan 88-3) 10053 .Staff Report to the Planning Commission August 21, 2006 Item No. 2 2a. 2b. (Motion for Continuance) {TRACKING NO. SPN2006-00034) SITE LOCATION AND DESCRIPTION: (1) This irregularly-shaped., 25.8-acre property is located at the southwest corner of La Palma Avenue and Tustin Avenue, having frontages of 745 feet on the south side of La Palma Avenue and 1.,240 feet on the west side of Tustin Avenue (3610 - 3720 East La Palma Avenue and 1001 - 1091 North Tustin Avenue;. The Pacificenter Specific Plan No. 86-3). REQUEST: (2) .The applicant requests approval of Amendment No. 4 to the Pacificenter Specific Plan. No. 88-3 to modify the zoning and development standards pertaining to signage and hotel occupancy limitations. BACKGROUND: (3) .This item was continued from,the May 31, 2006, June 12, 2006 and July 24, 2006, Commission meetings to allow the applicant and staff time to review other options `for monument signage. j4) This property is developed with amixed-use commercial center, a home improvement retail store, offices, a 150-room hotel, two drive-through restaurants and supporting commercial uses. The Anaheim General Plan designates this property and the property to the east for General Commercial land uses. The properties to the north and west are designated as Mixed Use land uses. To the south is the SR-91 (Riverside) Freeway. (5) The applicant, Mark Frank, has submitted the attached letter dated August 15, 2006,. requesting a continuance to the October 2, 2006, Commission meeting in order to work ...with staff regarding. a comprehensive signage program for the entire property. RECOMMENDATION: (6) That the Commission, by motion, continue this item to the October 2, 2006, Planning Commission meeting. SPN2006-0034conld. 1 Attachment -Item No. 2 From: Mark Frank [mailto:mfrank@promosigns.com] Sent: Tuesday, August 15, 2006 6:01 PM To: Della Herrick Cc: David See Subject: RE: Continued staff report Please continue this to October 2nd. This will give me time to find out where everybody is with this. Mark A. Frank 20361 Hermana Circle Lake Forest, CA 92630 Phone: 949.458.1000 #114 Mobile: 714.724.8764 E-Mail: mfrank@promosigns.com Item. No. 3 SP 94-1 SP 94-1 ~ NORTHEAST RCL 89-90-48 INDUSTRIAL AREA RCL 88-69-59 RCL 89-90-48 RGL 84-BS-04 ~ RCL 87-88-08 RCL 65-66-25 RCL 86-87-29 (Res of Intent to ML) RCL 65-66-25 (2) RCL 65-66-17 RCL 65-66-17 CUP 2003-04699 p C-G CUP2005-05049 CUP 3881 a RCL 75-76-D2 T-CUP 2004-04889 CUP 3253 p RCL 69-70-64 CUP 2003-04822 CUP 3514 O RCL 69-70-18 CUP 3881 VAR 4192 m CUP 2005-tl5tl29 CUP 3414 VAR 4156 ~ CUP 3822 CUP 3240 SHOPPING CNTR. m CUP 2077 CUP 2905 D.A. 5 ~ CUP 1934 VAR 3892 4 CUP 1786 (CUP 3314) CUP 1715 (CUP 1585) SP 94-1 ~ VAR 3977 CINEMA CITY RCL 65.6G25 y VAR 2733 THEATRES (Res onmamlo MLl t (RCL 68-69-68) RCL 77-78-22 D.A. S RcLfisss•n o cc (CUP 1090) VAR 4282 RCL69-70.18 VAR 31458 Z RCL69-70.fi4 (VAR 4404 S) V-31455 RCL fi5-6617 (VAR.4307) e4NK .C CUP 3914 (VAR 2930) A.s a Dvaeii4 CANYON VILLAGE a RssrauRANr SHOPPING CENTER v 167 ~ ~~ (/.( P SP 94-1 SP 94-1 ~ RCL637484(`" ACMAgI/E~(/ RCL 65-66-17 RCL 84-95-07 - RCL fiB-70.16 Hi ,V TCUP 2093-04810 RCL fi5-66-25(1) RCL 65-66-17 Z CUP 2002-04644 CUP 3711 CUP 2005-05055 V' CUP 3965 pCN B6-04. yCUP 2/48 ¢~ DA. S ~-- :VAR 3854 > IN-N-0UT $.S./MINI MKT. VAR 2387 Ff "` REST. & CAR WASH a D.A s 5 ® 2 C-G C-G RCL69-70-64 ° U RCL69-7tl-64 RCL69-70-18 RCL69-7064 SP 94-i ~ = RCL 09-70'18 CUP 2365 RCL 69-70-18 RCL 76-77-16 RCL 65-66-17 VAR 4145 T-CUP 2003-047fi RCL fi5-6fi-25 CUP 3234 J CUP 2392 VAR 3420 S T-CUP 2002-0459 (Res of 101ent b ML) CUP3233 Q CUP 1635 CUP 1420 T-CUP 2005-04973 CUP 1722 Q. ANAHEIM HILLS. NURSERY T-CUP 2003-04910 cup 1721 TRAVELODGE CUP 2002-04644 VAR 4267 tl.l T-CUP 2002-04fi09 VAR 4252 11 CUP 2001-04465 VAR 3963 T-CUP 2000-04219 CUP 4115 ANAHEIM.HILLS VILLAGE SHOPPING CENTER D.A. 5 n ® m S4 SPACE RCL 6TS-66-25 R~ v ER OPEN (ReRCL165-06-1D ML) SANTA ANA OPENSPACE - N ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE. Subject Property Conditional Use Permit No. 2005-05055 Date: August 21, 2006 - Scale: 1" = 200' Requested By: ALBERT BAHU Q.S. No. 184 5700 East La Palma Avenue 1otle2 Conditional Use Permit No. 2005-05055 Requested By: ALBERT BAHU 5700 East La Palma Avenue Subject Property Date: August 21, 2006 Scale: 1" = 200' Q.S. No. 184 1-0082 ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE. Date ofAerial Photo: Staff Report to the Planning Commission August 21, 2006 Item No. 3 $a. CEQA NEGATIVE DECLARATION {Motion) 3b. WAIVER OF CODE REQUIREMENT (Motion) 3c. 'CONDITIONAL USE PERMIT N0. 2005-05055 (Resolution) SITE LOCATION AND DESCRIPTION: (1) This irregularly-shaped 0.52-acre property is located at the southeast corner of La Palma Avenue and Imperial Highway, having frontages of 1.40 feet on the east side of Imperial Highway and 167 feet on the south side of La Palma Avenue (5700 East La Palma ., Avenue). ..REQUEST: (2) The applicant requests approval of a conditional use permit under authority of Code Section Nos. 18.08.030.040.0402 (Commercial Retail Centers) and 18.18.090.010 to .construct a four (4) unit commercial retail center and to permit roof-mounted equipment in the Scenic Corridor(SC) Ovarlay Zone with waiver of the following: (a) SECTION N0.18.18.090.010.0102 .Minimum landscaped setback. 25 feet required; 9 -1.9.5 feet proposed) (b) SECTION NO. 18.18.090.010.0102 Minimum structural setback. 50 feet required; 19 feet proposed to the utility equipment) BACKGROUND: (3) This item was continued from the July 10 and July 24, 2006, Planning Commission meetings to allow the applicanftime to modify the site, landscape, and elevation plans. (4) The property. is currently vacant and is zoned C-G (SC) (General Commercial, Scenic Corridor Ovarlay). Ttte Anaheim General Plan designates this property for General Commercial land uses.> Surrouhding properties in all directions are also designated for :General Commercial land uses. (5) The following zoning actions pertain to this property: (a) Variance No. 3854 (waiver df improvement of required setback adjaceht to Imperial Highway to expand a parking area for an existing service station/convenience market) was approved by he Planning Commission on October 24,;1988. The service station no longer exists and therefore, staff has Included a condition of approval requiring termination of this permit. Srcup2005-05055kIw82106.doc Page 1 Staff Report to the Planning Commission August 21, 2006 Item No. 3 (b) Conditional Use Permit No. 2148 (to permit a convenience market with gasoline services in the CL (SC) Zone with waivers of maximum size of price signs, free- standing signs in the SC Zone and permitted number of wall signs) was approved by the City Council on March 17, 1981. The service station no longer exists and therefore, staff has included a condition. of approval requiring termination of this ; permit. (c) Variance tJo. 2307 (waiver of (1) requirement that a service station be integrated. within a shopping center,. (2) minimum required landscaped setback, (3) permitted identification sign, and (4) hours of operation limitation in order to establish a service station) was approved by the City Council on January 11, 1972. The service station no longer exists and therefore, staff has included a condition of approval requiring .termination of this permit. DEVELOPMENT PROPOSAL: (6) The applicant requests a conditional usepermit to construct a 4,800 square foot .:freestanding building consisting of four (4) commercial retail tenant spaces and roof- mounted equipment on a vacant parcel The tenant spaces are intended for retail and ake-out ~estauranf (less than 10 seats) uses. The overall site plan (Exhibit No. 1) indicates the proposed retail center would be located at the southeast corner of the property abutting the south and east property lines. The following is a photograph of the site in its present condition. Page 2 Staff Report to the Planning Commission August 21, 2006 :Item No. 3 (7) The site plan indicates the following proposed structural and landscape setbacks:. Direction Code RequirediProposed ` Buildin Setbacks - ' Code+Required/Proposed . Landsca a Setback North (adjacent to La 'Palma Avenue 50 feet / 50 feet , 25 feet./ 9-15 feet Sduth 0 feet /-0 feet -0 feet /D feet fast 0 feet / 0 feet -0 feet / 0 feet West (adjacent to Im erial Hi hwa 50 feet 1.51 feet to building,'; 19 feefto utilit a ui merit 25 feet / 9-11 feet {8) Access to the site would be provided via one (1) driveway along La Palma Avenue. The site plan indicates a total of 27 parking spaces proposed fo[this commercial retail oenter. The applicant has indicated the proposed tenantspaces would'be limited to ..general retail and take-out restaurants. Code requires a minimum df 26 parking spaces for this center based on the ratio of 5.5 parking spaces Per 1,000 square feet of gross floor area of general retail. space or take-out restaurant (5.5 x 4.8= 26). The proposed number of spaces would meet the minimum Code requirement for general retail uses and take-out restaurants. Future tenants such as fast food uses with greater than ten (10) seats would require additional parking spaces.; In such case, the applicant would need to provide additional. spaces or,request a parking variance. (9) Due to the concerns expressedpy the Planning Commission at the July 24, 2006, meeting pertaining to the lack of visibility for the easterly commercial unit, the applicant has redesigned the location of he trash enclosure and utility equipment. The revised site plan indicates he trash enclosure and transformer would be located along the south property line adjacent to Imperial Highway. 'In addition, an electrical equipment room was added adjoining the westerly unit. In order to minimize the trash enclosure and transformer's visibility to Imperial Highway, the applicant has included tall hrubbery to provide adequate screening from he street and patrons visiting the site. The new design and location of the trash enclosureend utility equipment have been reviewed and approved by the Public Works and Public Utilities Departments. The proposed' location would.provide adequate area for trash service to the site, provide accessibility for servicing the utility equipment, and :would eliminate the equipment clutter along the front elevation of the center. (10) The floor plan (Exhibit No. 2) indicates that the proposed retail units would consist of four (4) tenant spaces but no,specific interior improvements are provided. on the floor plan. The individual tenant spaces would average 1,200 square feet, for a total ofd,800 square feet. Storefront entrances would be located along the north side of the building facing the parking lot and La Palma Avenue. 'Page 3 .Staff Report. to the Planning. Commission August 21, 2006 Item No. 3 ~ N~~,a+.*~tt r sr~ E 1~1 j ~C t~~ ~'~~ ~`~j ~I "" i~? *2 ~ ~~ei~j ~ ~ ?ae, ~rw.~~~ v~~~ ~s ~~ 5 ~, ~"G`,£~'~vak~~+~ii°`+a" T~~~~ i f~3I Ira ~~ y ~} i ~ ,,T'I-~i-^~v~~~~~x,~r„{ '~'c~ ~" .jr~ ~n-"~'~"y 'S'z ~e~,.~~~~ ~'u.n ~~ II Fi~~.' ~k i" ~ r,3~~ ~i'`~'+'~. ~"~~ s~1. 3 ~~~~-S ss"s'-:°s~?~,., tl~r ~ ~ ~ ~ ~~~ G~ ~{ ~ p y } rte' ~ I s ~ r Proposed North Elevation (Facing La Palma Avenue) (11) The revised elevation plans as shown above, color rendering and materials board (Exhibit Nos. 3, 4, and 5) indicate a 27 foot high, single-story building incorporating a 'contemporary design. Architectural features such as metal canopy With cable supports; stone veneer, and stucco. Smooth stucco and stacked stone wainscoting `would be used along the bottom of the building .reinforcing its contemporary design. In addition, the plans indicate the utilization of espresso-colored millions to complement the brown tones of the stucco and stacked stone. (12) The roof and section plan (Exhibit No. 2) reflects the conceptual location and number of 'roof-mounted units. 'The applicant has indicated there would be potentially up o four (4) HVAC units. The roof is fully surrounded py a parapet wall and other architectural features of the building. The roof section indicates'the roof-mounted equipment wouldbe 'completely screened from view from the right-of-way on La Palma Avenue ahd Imperial Highway. The roof section drawing further indicates dhe parapet wouldbe a minimum of 6.5 feet high and the HVAC units a maximum of foul (4) feet tdheight. According to this information, the proposed roof-mounted. equipment would be screened from every direction " ih compliance with Code. (13) .The landscape plans (ExhibitNo. 6) indicate a variety of canopy trees and shrubs surrounding the proposed commercial retail building: The plan reflects an 11-foot wide Jandscape planter along Imperial Highway and a 9 to 15-foot wide landscape planter along to Palma Avenue.' Code requires a 25-foot witle' landscape setback along both frontages. The lahtlscaped areas adjacent to the street frontages would consist of a 2-foot high berm .adjacent to a proposed 30-inch high decorative wall along`La Palma Avenue'and Imperial Highway. 'Plans propose fifteen (15) trees (8 alonglmperial Highway and 7 along La Palma Avenue) as well as shrubs and groundcover within'the landscape setback. Code requires one (1) tree for every twenty (20) lineal feet of street frontage (7 trees on Imperial. Highway and 8 trees on La Palma Avenue). The landscaped planters within the parkingarea are proposed with trees, shrubs and groundcover. Code requires a minimum of one (1) tree per 3,000 square feet of parking area andlor vehicular accessways.:,Code further requires ' no more than ten (10) parking spaces adjacent to each other without being separated by a landscape area A raised landscaped. planter is proposed adjacent to the west elevation as recommended by staff to soften that building elevation. With exception bf the requested landscapesetback waiver alongLa Palma Avenue and Imperial Highway, -' the landscape plans comply with Code. Page 4 Staff Report to the Planning Commission August 21, 2006 Item No. 3 (14) The site plan and elevation plan (Exhibit Nos. 1 and 3) indicate the conceptual location of proposed wall and monument signage for the commercial center Although specific tenants have not yet been'identified, planspropose four (4) wall signs affixed to the north. elevation facing La Palma Avenue. Code`permits wall signs for advertising, provided the #otai area of any such sign shall not exceed ten percent. (1p%) of the area of the face of the building to which such sign is affixed. The Scenic Corridor Overlay permits a maximum of two (2) wall signs for a unit provided that the wall signs are located on parallel wails on opposite sides of the building.'The Code further provides that the letter height shall. not 'exceed 24-inches fora 1 to 3-storybuilding. The conceptual well signseomply with code ..limitations. Plans also indicate a monument sign located at the corner of imperial Highway and La,Palma Avenue, however, details of the sign were not submitted. The monument sign would be located outside of the fine-of-sight triangle. Since. specific tenant signage has not been identified. at this time, staff is recommending a condition. of approval, requiring the applicant to submit a comprehensive final detailed sign program for the entire center for staff review once the specific sign design end tenant signage have been determined. (15) The submitted letterbf operation indicates the site would be constructed in one phase. The letter also indicates the proposed uses would consist of retail and take-out businesses. The hours of operation;'empioyee information and tenant mix are unknowh for the units at .'this time. 'ENVIRONMENTAL IMPACT ANALYSIS: (16) Staff has reviewed the proposal to construct a 4-unit commercial retail center with roof-mounted equipment, and the Initial.Study (a .copy of which is available for review in the Pianning Department) and finds no significant environmental impact and, therefore, recommends that a Negative.Declaration be approved upon a findingby the Planning Commission that the Negative Declaration reflects the independentjudgment of the lead agency; and that it has considered the proposed Negative beciaration together with any comments received dining the public review process antl further finding on the basis of the Jnitlal Study .and any comments received chat there is ho substahtiaf evidence that the 'project will have a significant effect on the environment. EVALUATION: (17) Commeccia(retail centers (two or more commercial tenant spaces) and roof-mounted equipment are permitted in the C-G (SC) Zone, subject to the approval of a conditional use permit. However, when roof-mounted equipment is proposed, Code requires #hat it be demonstrated that the equipment is required tote placed onthe roof bythe nature of the particular use or by Title 15 (Buildings antl Housing) and that "Such roof-mounted equipment shall be subject to the following provisions and shall be 'clearly shown on plans submitted for review to'the City of Anaheim. Submitted plans shall .include line-of-sight drawings from surrounding properties, demonstrating fhe effectiveness of the proposed method of screening. .01 Screening of equipment shall be provided by acceptable, permanent building `.materials, the same as or similar to those which are used in the construction of the Underlying building, or equipment shall6e screened from view by acceptable Page 5 Staff Report to the Planning Commission .August 21, 200fi Item No. 3 architectural features of the building itself. Said screening shall not exceed the height limit and shall not consist of wood lattice work. .02 Permanent, mature landscaping may also be utilized, but only if it provides a complete and sutircient, year-round screening. A3 Equipment shall not be visible from any public street, public or private property at finished grade level, or any tloor7evel of any residential structure.: .04 /n order to minimize the visibility of screening methods and materials, all equipment shall be painted fo match the roof on which ft is located, as well aspainted to match anymaterials used for equipment screening. , :05 The method and/or screening material used shall not be readily recognizable as a screening device but shall be integrated into the design of the building as a part " thereof. .O6 All equipment screening shall be retained and maintained in good condition. (AMC 18.18.090.020.0201.) ° Based on the size of the building and the proposed uses, the site cannot accommodate the ,equipment on the ground. The four (4) roof-mounted units proposed would not be visible from Le Palma Avenue and ImperiaLHtghway or the surrounding private property to the east and. south df the commercial center. The parapet screening is incorporated into the architecture of the building and would comply with all the requirements of the Code pertaining to the establishment of roof-mounted equipment within the Scenic Corridor as indicated above. Because the equipment would not be visible from any public street, public br private. property at finished grade IeveF or any floor level of any residential structure, and would comply with Code, staff recommends aooroval of the [equest for roof-mounted ;.equipment. (18) Waiver (e)pertains tq the minimum landscaped setback adjacent to an arterial highway. Code requires a 25-foot wide landscaped setback along arterial highways and. plans indicate a setback ranging from 9 to 16 feet adjacent to La Palma Avenue and 11 to 19.5 feet adjacent to Imperial Highway to accommodate parking. The following is an aerial of the site. 1n Fall 2006, this portion of La Palma Avenue will be widened by the City; as a result, properties adjacent to this site. along La Palma Avenue will lose,portions of their existing landscaped setback to accommodate the widening.. As a result of the proposed widening,;the property to the east of the commercial center (Best Western Anaheim Hills Motel) and the adjacent Keno's restaurant would have a reduced landscaped setback of -less than five (5) feet. Imperial Highway will also be widened..The motel to the south of the property has already dedicatedproperty for the widening, and would continue to have a reduced landscaped setback of 15 feet, Staff feels that the minimum landscaped waiver. can be justified by the constrained size of the property and the facfthat there ere similar bircumstances of reduced landscaped setbacks along Imperial. Highway and La Palma Avenue due to the street widening. Therefore, staff recommends aoprovaf of the waiver. Page 6 Staff Report to the Planning Commission August 21, 2006 Item No. 3 (22) ,The Planning Commission also directed staff to research the feasibility of an 'underground transformer due to the site's irregular shape and size.; Staff discussed the possibility with the Public Utilities Department, and it was determined that as a result of the site size and use, an underground transformer would not besuitable for the property. The installation of a vault requires venting,'emergencyeccess doors, Wand isoften suitable only when subterranean parking is proposed.:The vault would not provide for adequate emergency access and would not be ideal forthe necessary on-going maintenance and access. (23) At the meeting, staff expressed concerns that the location of the proposed loading. area would not be functional and recommended the applicant relocate the loading <area .adjacent to the buildings The epplicant has`revised the site plan and relocated the loading space in front ofthe building. Staff believes this new location would be more accessible for future enants and would be minimize interference with on-site vehicular parking and circulation. {24) Although the parking lot landscaping meets the minimum requirements of the Code, staff is concerned with the lack of landscaping adjacent to the proposed building. In order o accent the west elevation, staff recommended 4he addition of a landscaped >planter along the west elevation.aThe applicant has revised plans to include a three (3) foot wide raised planter along the west elevation.=Due to the limited width of the landscape setback provided along La Palma. Avenue and Imperial Highway, staff recommentls layered landscaping rather than a landscaped berm with a decorative wall as .proposed along the street frontages. Landscaped berms are difficult to maintain within narrow landscape planters and staff is concerned that over time, the berm would .deteriorate and become unsightly. Staff recommends that the applicant submit final landscape plans showing layered landscaping where a berm would be infeasible. (25) Goal 6:1 bf the Communitypesign Element of the General Plan reads as follows: Focus activity centers at fhe intersections of selected major corridors fo provide convenient and attractive concentration of retail and office uses. ° .Page 8 approved commercial retail centers,'the four (4) units proposed for the site and building ize are similar to recently approved commercial centers in the City. Center Address !~ .. -Site Size Gross Floor ~ Number of . Average~Unit 'Area GPA ` "Units Size ` 101 South. 0.4 Acres 4,367 s.f:< 13 1,456 s.f. Brookhurst Street 1131 West Lincoln 0.39 Acres 3,897 s:f. 3 1,299 s.f. Avenue 420 South State 0.4 Acres 4,993 s.f.: 4 ;1,248 s.f. Colle eBoulevard 676 South State 0.42 Acres 4,407 s.f. > 3 1,469 s.f. Colle a Boulevard :5700 East La Palma 0.52 Acres '::4,800 s.f.> 4 1,200 s.f. Avenue ' Staff Report to the Planning Commission August 21, 2006 Item No. 3 Several policies are indicated in order to implement this goal In summary, the design. policies include the following: • Locate buildings close to the street with shielded parking • Encourage pedestrian-scale features such as'public art and awnings e Incorporate architectural interest through varied rooflines, colors, materials, and lighting • Provide layered landscaping • Provide gathering spaces such as outdoor eating areas, water features, courtyards, `etc. • ScreenLtilities (26) The property is located at a very prominent intersection of the City, and is highly visible to vehicular traffic. Therefore; staff believes it is extremely important for the building to be well articulated in a manner that is consistent with the. Community Design Element of the..General Pian. Based upon the discussion from the July 24, .2006, publichearing, the applicant has redesigned the building elevations and incorporated several of the design features encouraged by the Communitypesign Element. Examples include metal awnings, decorative lighting, quality materials, varied colors, and screened utility equipment. Staff believes the revised elevations meet the intent of the Community Design`Element and would. architecturally enhance the surrounding. A condition of approval has been added to require that detailed .final elevation plans be submitted for staff review to work out the details of the proposed building. In addition, he relocated trash enclosure and utility equipment has created a space in front of the building that may be used for outdoor seating if a food use isestablished in the commercial center ' (27) Staff is supportive of this request to construct a new 4-unit. commercial retail center. Careful.consideration has bean given to the design,and functionality of theproposed retail center." The architect has worked closely with staff to provide a quality design that is consistent with the Community Design Element of the General Plan. Based upon the project's compliance with recommended`conditions and th® quality project design, staff recommends approval of the project. FINDINGS: (28) When practical difficulties or unnecessary hardships result from strict enforcement of the Zoning Code, a modification maybe granted for the purpose of assuring that noproperty, because of special circumstances applicable to it, shall be deprived ofprivileges commonly :enjoyed by other properties in the same vicinity and zone, The sole purpose of any variance or code waiver Is to prevent discrimination and none shall be approved which would have the effect ofgranting a special' privilege not shared by other similarproperties. Therefore, before any variance or code waiver is granted by the Planning Commission, it shall be shown: (a} That there are special circumstances applicable to the property such as size, shape, topography, location or surroundings, which do not apply to other identically zoned properties in the vicinity; and (b) That strict application of the Zoning Code deprives the property of privileges enjoyed -- by other properties under identical zoning classification in the vicinity. Page 9 Staff Report to the Planning Commission August 21, 2006 Item No. 3 (29) Before the Planning Commission grants any conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: {a) That the use is properly one for which a conditional use permit is authorized by the Zoning Code, or is an unlisted use as defined in Subsection _030 (Unlisted Uses Permitted) of Section No. 18.66.040 (Approval Authority); (b) That the use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; (c) That the size and shape;of the site for the use is adequate to allow the full - development of the proposed use in a manner not tletrimental to the particular area or to the health and safety; (d) That the traffic generated by the use will not impose an undue burden upon the streets and highways designed and improved. to .carry the traffic in the area; and (e) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. RECOMMENDATION: (30) :Staff recommends that unless additional or contrary information is received during the meeting, and based upon the evidence submitted to the Planning Commissibn, including the evidence presented in this staff report, and oral and written evidence presented at the public hearing, the Planning Commission take the following actions: (a) By motion, aaprove a Negative Declaration for the project. (b) By motion, anurove waivers (a) pertaining to minimum landscape setback and (b) pertaining to structural setback based on the findings contained in the attached. draft resolution. (c) By resolution, aaarove the applicant's proposal,to construct a four (4) unit commercial retail center and to permit. roof-mounted equipment, by adopting the attached resolution, including the findings and conditions of,approvat contained herein. Page 10 RESOLUTION NO. PC2006-'"` A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION. FOR CONDITIONAL USE PERMIT NO. 2005-05055 BE GRANTED (5700 EAST LA PALMA AVENUE) WHEREAS, the Anaheim Planning 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; THAT PORTION OF PARCEL 2, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP FILED IN BOOK 30, PAGE(S) 48, OF PARCEL MAPS ON FILE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY RIGHT OF WAY LINE OF IMPERIAL HIGHWAY, SAID POINT BEING THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE IN SAID EASTERLY RIGHT OF WAY LINE SHOWN. ON SAID MAP AS "NORTH 1° 23' 00" EAST 664.08 FEET"; THENCE NORTH 88° 37' 00"WEST ALONG SAID RIGHT OF WAY TINE OF IMPERIAL HIGHWAY A DISTANCE OF 20.00 FEET TO AN ANGLE POINT THEREIN; THENCE SOUTH 1° 23' 00" WEST ALONG SAID RIGHT OF WAY LINE OF IMPERIAL HIGHWAY A DISTANCE OF 135.76 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE OF IMPERIAL HIGHWAY SOUTH 68° 3T 00" EAST AT RIGHT ANGLES TO SAID RIGHT OF WAY.LINE A DISTANCE OF 160.00 FEET; THENCE NORTH 1° 23' 00" EAST PARALLEL WITH SAID RIGHT OF WAY LINE OF IMPERIAL HIGHWAY A DISTANCE OF 136.37 FEET TO A POINT IN THE SOUTHERLY RIGHT: OF WAY LINE OF LA PALRNA AVENUE 90.00 FEET WIDE, AS SHOWN ON SAID MAP, SAID SOUTHERLY RIGHT OF WAY LINE AT SAID POINT BEING THE ARC OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1,355.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 9° 55' 05" EAST; THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF LA PALMA AVENUE, THROUGH A CENTRAL ANGLE OF 5° 5T 02" AN ARC DISTANCE OF 140.73 FEET TO A POINT IN SAID EASTERLY RIGHT OF WAY LINE OF IMPERIAL HIGHWAY;. THENCE SOUTH 1° 23' 00"WEST ALONG SAID EASTERLY RIGHT OF WAY LINE OF IMPERIAL HIGHWAY A DISTANCE OF 14.24 FEET TO THE POINT_ OF BEGINNING.. TOGETHER WITH THE SOUTHERLY HALF OF LA PALRNA AVENUE ADJOINING SAID LAND OF THE NORTH, AS SAID AVENUE IS DESCRIBED IN THE DEED TO THE CITY OF ANAHEIM, RECORDED MAY 19, 1970, IN BOOK 9293, PAGE 251., OFFICIAL RECORDS. EXCEPTNG THEREFROM THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED OCTOBER 14,.1952, IN BOOK 2395, PAGE 522, OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THOSE PORTIONS DESCRIBED AS PARCELS 1 AND 2 IN THE FINAL ORDER OF CONDEMNATION RECORDED DECEMBER 12, 2002 AS INSTRUMENT NO. 2002001131191 OF OFFICIAL RECORDS, PARCEL B: THAT PORTION OF PARCEL 2, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP FILED IN BOOK 30, PAGE(S) 48, OF PARCEL MAPS ON FILE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE EASTERLY RIGHT OF WAY LINE OF IMPERIAL HIGHWAY; SAID POINT BEING THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE IN SAID EASTERLY RIGHT OF WAY LINE SHOWN ON SAID MAP AS "NORTH 1° 23' 00" EAST 664.08 FEET"; THENCE NORTH 88° 3T 00"-WEST ALONG SAID RIGHT OF WAY LINE OF IMPERIAL HIGHWAY A DISTANCE OF 20.00 FEET TO AN ANGLE POINT THEREIN; THENCE _.. SOUTH 1' 23' 00" WEST ALONG SAID RIGHT OF WAY OF IMPERIAL HIGHWAY A DISTANCE OF 135.76 FEET TO THE TRUE POINT OF BEGINNING OF THE LAND HEREIN DESCRIBED; RUNNING THENCE SOUTH 88° 37' 00" EAST AT RIGHT ANGLES TO SAID RIGHT OF WAY LINE A DISTANCE OF 11.82 FEET TO THE BOUNDARY LINE OF THE LAND CONVEYED TO Cr\PC2006-0 -1- PC2006- THE STATE OF CALIFORNIA BY DEED RECORDED OCTOBER 14, 1952 IN BOOK 2395, PAGE 522, OFFICIAL RECORDS; THENCE NORTH 66° 48' 55" WEST, ALONG SAID BOUNDARY LINE, 12.82 FEET TO AN ANGLE POINT THEREIN; THENCE SOUTH 1° 23' 00" WEST 4.76 FEET TO THE TRUE POINT OF BEGINNING. PARCEL C: THAT PORTION OF THE RANCHO CANON DE SANTA ANA, IN THE CITY OF ANAHEIM, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THAT CERTAIN CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 1355 FEET AND AN ARC LENGTH OF 445.24 FEET, IN THE SOUTHERLY TINE OF THE STRIP OF LAND, 90 FEET WIDE,. AS DESCRIBED IN THE DEED TO THE CITY OF ANAHEIM FOR LA PALMA AVENUE, RECORDED MAY 19, 1870 IN BOOK 9293, PAGE 261., OFFICIAL. RECORDS, WITH THE EASTERLY LINE OF THE LAND ACQUIRED BY THE STATE OF CALIFORNIA IN THE DEED RECORDED OCTOBER 14, 1952 IN BOOK 2395, PAGE 522, OFFICIAL RECORDS, AND RUNNING THENCE. WESTERLY ALONG THE WESTERLY CONTINUATION OF SAID CURVE FORM THE TANGENT WHICH BEARS NORTH 85° 38° 21" WEST THROUGH AN ANGLE OF 0° 25' 39" AN ARC DISTANCE OF 10.11 FEET; THENCE TANGENT NORTH 86° 04' 00" WEST 0.74 FEET TO A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 22 FEET; THENCE WESTERLY. ALONG SAID LAST MENTIONED CURVE THROUGH AN ANGLE OF 24° 24' 18", AN ARC DISTANCE OF 9.37 FEET TO THE NORTHERLY PROLONGATION OF THAT CERTAIN COURSE DESCRIBED AS HAVING A LENGTH OF 131 FEET IN SAID DEED TO THE STATE OF CALIFORNIA; THENCE ALONG SAID PROLONGATION SOUTH 1° 50' 03" WEST 10.64 FEET TO THE NORTHERLY TERMINUS OF SAID COURSE; THENCE ALONG THE BOUNDARY LINES OF SAID LAND SO ACOUIRED BY THE STATE OF CALIFORNIA, SOUTH 88° 09' 57" EAST 20 FEET AND NORTH 1° 50' 03" EAST 1424 FEET TO THE POINT OF BEGINNING.. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim. on July 10, 2006 af2:30 p.m., notice of said public hearing having been. duly given as required by law and in accordance with the provisionsof 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 that said public hearing was continued to the July 24 and August 21, 2006, Planning Commission meetings; 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 use, to construct a four (4) unit commercial retail center and to permit roof-mounted equipment in the Scenic Corridor (SC) Overlay Zone, is properly one for which a conditional use permit is authorized by Anaheim MunicipaCCdde Section. 18.08.030A40:0402 (Commercial Retail Centers) and 18.18.090.010 with waivers of the following: (a) SECTION NO. 18.18.090.010.0102 (b) SECTION NO. 1.8.18.090.010.0102 Minimum landscaped setback. (?5 feet required; 9-19.5 feet proposed) Minimum structural setback. (50 feet required; 19 feet proposed to the utility equipment) ' 2. That the above-mentioned waivers (a) and (b) are hereby approved as the site is uniquely constrained'by its small size and required street widenings on both frontages. This small size limits the acceptable locations to place above ground utility equipment away from public view. Additionally, the ...neighboring properties to the south. and east provide similar landscape setbacks. -2- PC2006- 3. That the proposed commercial retail building as conditioned herein would not adversely affect the adjoining land uses and the growth: and development of the area in which it is proposed to be located. 4. That the size and shape of the site for the use 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. 5. That the traffic generated by the use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the design of the commercial building provides adequate parking on-site and adequate access from La Palma Avenue. 6. That granting of the conditional use permit under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land. use that is compatible with the surrounding area 7. That "' 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 the Anaheim Planning Commission has reviewed the proposal; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit,. upon. the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the number of tenant spaces for this commercial retail center shall be limited to four (4). Said information shall be specifically shown on plans submitted for building permits. 2. That no video, electronic or other amusement devices shall be permitted on the premises. 3. That all public phones shall be located inside the building. 4. That no outdoor vending machines shall be permitted on the property. 5. That there shall. be no outdoor storage permitted on the premises. 6. That no roof-mounted balloons or other inflatable devices shall be permitted on the property. 7. That no banners or other advertising shall be displayed unless a Special Event Permit is first obtained to authorize said display. 8. That adequate lighting of parking lots,. driveway, 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 all persons, property, and vehicles on-site: Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval g.:,__, That all trash generated from this commercial retail center shall be properly contained in trash. bins located within approved trash enclosures. The number of bins shall. be adequate and the trash pick- up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Community Preservation Division of the Planning Department shall -3- PC2006- determine the need. for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid by the business owner. 10. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 476 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits. 11. That a plan sheet far solid waste storage, collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation. Division for review and approval. 12. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities. by the use of plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 13. That the project shall provide for accessible truck deliveries on-site. Such information shall be specifically shown on plans submitted for building permits. 14. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event. that it is removed, damaged,. diseased and/or dead. 16. That alf roof-mounted. equipment shall be subject to Anaheim Municipal Code Section 18.18.090.020.0202 pertaining to the "SC" Scenic Corridor Overlay Zone and 18.38.170 pertaining to the C-G (General Commercial) Zane. Such information. shall be specifically shown on plans submitted for building permits. 16. That 4-foot high. street address numbers shall be displayed flat on the roof of the building in a color that contrasts with the roof material. The numbers shall. not be visible from the streets. or adjacent properties. Said information shall be specifically shown on plans submitted for building permits. 17. That the property shall. be permanently maintained in an orderly fashion by the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of discovery. 18. That a final coordfriated sign program for the entire center including specifications for the monument sign and wall signs, shall be submitted to the Planning Services Division for review and approval as to placement, design, and materials. Said plans for the monument sign shall incorporate the stone treatment used on the building, a minimum 18-inch. high base including 9-inch. high address letters, and a decorative cornice treatment along the full length of the monument sign. The. signage shall be designed to complement the architecture of the commercial retail center. Any decision by staff may be appealed to the Planning Commission as a "Reports and Recommendations" item. 19. That all new backflow equipment shall be located above ground and outside of the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. P,ny other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by the Water Engineering Department. _ 20. 'That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonments of existing water services and fire lines, shall be coordinated through Water Engineedng Division of the Anaheim Public Utilities Department. -4- PC2006- 21. That since this project has a landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19 of the Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. 22. That all existing water services and fire lines shall conform to current Water Service Standards Specifications. Any water service andlor fire line that does not meet current standards shall be upgraded if continued use if necessary or abandoned if the existing water service is no longer needed. The ownerldeveloper shall be responsible for the costs to upgrade or to abandon any water service of fire line. 23. That prior to the 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 DAMP. • Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. • 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. 24. That prior to issuance of a certificate of occupancy, the applicant shall: a bemonstrate that all structural BMPs described in the Project WOMP 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 WOMB • Demonstrate that an adequate number of copies of the approved. Projects WOMP are available onsite. e ...Submit for review and approval by the City an Operation and Maintenance Plan for :.all structural BMPs. 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 permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points,. etc.). 26. That any required relocation of City electrical facilities shall be at the developer's expense. 27. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 28. .That any proposed freestanding sign on subject property shall be a monument-type not exceeding. seven (7) feet in height as measured from the grade of the sidewalk and shalt be subject to the review and approval of the City Traffic and Transportation Manager to determine adequate lines-of- sight,,. 29. That plans shall be submitted to the Traffic and Transportation manager for his review and approval - ` showing conformance with Engineering Standard No. 115 pertaining to sight distance visibility for the monument sign and wall location.. -5- PC2006- 30. That plans shall be submitted to the Planning Services Division for review and approval in conformance with the current version of Engineering Standard Plan Nos. 436, and 470 pertaining to parking standards and driveway location. Subject property shall thereupon be developed and maintained in conformance with said plans. 31. That an Emergency Listing Card, Form. ADP-281 shall be completed and submitted in a completed form to the Anaheim Police Department. 32. That final elevation plans shall be submitted to the Planning Services Division for review by Planning Services. Said plans shall incorporate a ledge stone or similar enhanced treatment and decorative lighting along each building elevation,-Any decision by staff may be appealed to the Planning Commission as a "Reports and Recommendations" item. 33. That all plumbing or other similar pipes and fixtures located on the exterior of the building 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. 34. That final landscape plans in compliance with Zoning Code requirements 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 on all walls visible from the public right-of-way and within landscaped setbacks. The landscape material selected shall be appropriate to the width of the planter area. Said plan shall also include a landscaped planter along the west building elevation (facing Imperial Highway). Any decision made by the Planning Department regarding said plan may be appealed to the Planning Commission as a Reports and Recommendations item. 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 property owner shall work with the adjacent motel to refurbish the landscaping adjacent to the east and south property lines after construction. of the new commercial center. 36. That the property owner shall submit a letter requesting termination of Variance No. 3854 (waiver of improvement of required setback adjacent to Imperial Highway to expand a parking area for an existing service station/convenience market), Variance No. 2307 (waiver of (1) requirement that a service station be integrated within a shopping center, (2) minimum required landscaped setback, (3) permitted identification sign, and (4) hours of operation limitation in order to establish a service station), and Conditional Use Permit No. 2148 (to permit a convenience market with gasoline services in the CL(SC) Zone with waivers of maximum size of price signs, free-standing signs in the SC Zone and' permitted number of wall signs) to the Planning Services Division. 37. That the subject property shall be developed substantially in accordance with the plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department Exhibit Nos. 1 through 6, and as conditioned herein. 38. 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, 8, 10, 1 i, i2, 13, 15, 16, 18, 19, 21, 25, 28, 2B, 30, 32, 33, 34, and 36 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 Cotle. 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. 23 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. -6- PC2006- 40, That prior to final building and zoning inspections, Condition Nos. 24, 3t, 35 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 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. 42. 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 structure. 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 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 August 21, 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. CHAIRMAN. ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anahetm Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on August 21, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of _.... , 2006. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -7- PC2006- fj- %Gl~ ~. L.fi.~~tiru Attachment -Item No. 3 . ~ SECTION 4 APPLICANT'S STATEMENT OF 7USTIFICATION FOR VARIANCE/CODS WAIVER (NOT REQUIILED FOR PARKING WAIVER) REQUEST FOR V/AIVER OF CODE SECTION: (A sepazate statement is required for each Code waiver) PERTAINING TO: ~U/L~/LAG 5'ETt~AOKS "Sections 18.74.060 of the Anaheim Municipal Code requires that before any variance or Code waiver maybe granted by the Zoning Administrator or Planning Commission, the following shall be shown: • 1. That there aze special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; »d 2. That, because of such special circumstances, strict applicafion of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoninob Administrator or Plamiing Commission to .arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully -- and as completely as possible. If you need additional space, you may attach additional pages. I. Are there. special cumstances that apply to the property in matters such as size, shape, topography, location or surroundings? Yes _ No. ~. If your answer is "Yes," describe the special circumstances: ~AtL. DEa7Ci3~TioNS~ n~' ,~/O/~EsT fFAV£ SEEM OF3TiFrNED .i3,~' 'F .. C ~"-0 ~.. ECT SET811 GAGS N/.4KE T7E/ELO~/NCB ANY B!J/LD/NG ~/~'1f7O55/BL.E ~. Are the special crcumstances that apply;o the property different from'other properties in the vicinity which are in the same zone as your, property? _ Yes _ No ' If your atisweris `ryes;' describe how the pTOperty is different: AT Iii r /LATER SEC'i70rJ of '72rre ~.. M.~iJO.e - STQ EFT4 w/TN NO ACC-E.SS ALLaI+(/ED ~'R/~/riY /M~.E''R-/.4 L 3. , : Do the special circumstances applicable to thp'property deprive it of privileges currently enjoyed by neighboring ' properties located within the same zone? Yes _No If your answer if `ryes," descrrbe the special circumstances: -/UO OTh/E.2 SlTE~ _f1-T 2a~JlS' /NTE_25EGT[nn/ /$' Tff/S SMetLL AA/O ~`~ ' DEO/CA7'/o.t_rS a0 NOT /M~l4CT A:n/y ~TElER S/TE il5 A/~/JGi~j ' ~ETF3A!°%c s(Lon+[' /M~E6z/a L V~iRy ~E~z ,4zT,4C~~n ®TO. 4: Were the spec' ,circumstances created by cause's beyond the control of the property owner (or previous property owners)? _ Yes _ No . ~ EXPLAIN TJE~/G.4T/ONS jiND iFSfl-X!'DDIJ.t~fF//T O~ {~/S v~U~/A/.ESS ,.~ -rwi~S NOT OUt/V'•E6Z~S f»EG/~-'/oN NOR C~(~ra~ , The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which would have the effect of granting a special privilege nat shazed by other property in the same vicinity and zone which is not otlie~i~aexpress] au by zone Lions governing subject property. Use variances aze not.permitted. _ ~ o Signature roperty Owner or orize^ gent ate _. CONDITIONAL USE PERMIT7VARIANCE NO. CUP N0. 2~~5 - 0 5 0.5 ~ Item No. 4 e i 's •5 F s i Pi o] ri 85 sa f B ei < as &n „a e.e ;, @ ~? -i ?i ! ~f Sa a i' t3 ii i ~ is - t ~ E ~~ ~l "a en t. a f. as a 'a e m a 2 _ ± --^- mo o~w~ _~ ~ r~ l ~ 1 ~ ~ ~ ~~~. i ~~ l{ ~]a , . ~ V^` -ry1 JI ~ `ice -~. ~~ _~ '~'l. S_• ,~~~~k ~~ / / ~ ~/ ~~. ~ ~. ~~~ ,/ i t 8 ' f i Name w~. -~ f- .... ~~ i p 8a ~o a~ :a ~a fi ee ai i~ ~ ~ ~ ~° #% sa is ep a . . ae ~ p~ p Itl Zoning Code Amendment No. 2006-00049 Subject Property ' Date: August 21, 2006 Scale: Graphic Requested By: CITY OF ANAHEIM Q.S. No. nla Citywide toaeo Staff Report to the Planning Commission August 21, 2006 Item No. 4 Aa. CEQA ENVIRONMENTAL LMPACT REPORT NO. 330 (Previously Certified) (Motion) 4b. ZONING CODE AMENDMENT N0. 2006-00049 ,.: (Motion) SITE LOCATION AND DESCRIPTION: (1) This proposed Zoning Code Amendment would apply Citywide. PROPOSAL: {2) :This is aCity-Initiated (Planning and Community Development Departments) request to ;amend Title 18 (Zoning) of the Anaheim Municipal,Code to establish a new Density Bonus ordinance (attached) which would serve to implement State-mandated density bonus provisions for affordable and senior citizen housing.: The proposed ordinance would also serve to consolidate the density bonus provisions with Chapter 18.58 (Affordable Multiple- Family Housing Developments).* This item was originally advertised to include a request to approve a Density Bonus Implementation * < Regulations document which is no longer being requested. ,(3) The,proposed Zoning Code Amendment is also intended to meet one of the objectives of the City's Affordable Housing Strategic Plan (established in August 2005) which states: "Staff will explore and bring back to City Council a new density bonus ordinance to encourage low and very low income housing unit development " BACKGROUND: (4) In 1992, the City Council adopted an ordinance addinga Density Bonus chapter to the Zoning Code: in order encourage affordable housing developments. The ordinance was intended to oomply with State law pertaining to density bonus provisions and served to help achieve the affordable housing goals contained within the Housing Element of the City's General Plan. Since its initial adoption, the Chapter has been amended. to reflectperiodic changes to State density bonus law. (5) As part of the May 2004 comprehensive update of the City's General Plan and Zoning Code,,a new Chapter (1 t3.56),;'Affordable Multiple-Family Housing Developments", was established o provide additional affordablehousing incentives. The specific intent of the , .ordinance was to encourage developments that provide affordable rental housing for very dow income households .(very low income households are those making less than fifty .percent (50%a) of the County's median income). Planning and Community Development staff worked closely with affordable housing advocates on this Chapter and created a list of development standards, including reduced perimeter setbacks, reduced setbacks between. buildings and reduced parking ratios that were more flexible than the City's typical ' .development standards for multiple-family housing. These flexible standards were ..intended to make the development of affordable rental housing uhits more economically .feasible while minimizing the need for finahcial subsidies. Another important feature of this ordinance was that qualified projects could be approved administratively rather than going through the,public hearing process. (6) Significant revisions to State density bonus law were made in September 2004 and October 2005, in conjunction with SB1818 and SB435. (Government Code Sections 65915 __ through 65917, attached). ,Current State law now mandates that local jurisdictions grant a density bonus, reduced parking ratios and development incentives (e.g., Cotle waivers) to housing developments containing five or more affordable units. The percentage of density bonus and number of development incentives provided is commensurate to the level of Page 1 Staff Report to the Planning Commission .August 21, 2006 Item No. 4 affordability proposed. The provisions of State density bonus law are more thoroughly .described in paragraph nos. 9 through 13 of this report. (7) As a result of recent updates to the State density bonus law, certain incentives provided through the City's current Affordable Multiple-Family Housing Developments and Density Bonus Chapters are now less attractive to the development community in comparison to State law. Recent development activity reveals that developers are opting to utilize the provisions of the State density bonus law, as opposed to the City's local ordinances, primarily to take advantage of the State's reduced parking ratios which are even less Yestrictive than those included in the City's existing Affordable Multiple-Family Housing Developments ordinance:' As an example, the Gity's existing ordinance provides a ubstantial parking reduction for affordable units and a slight parking reduction for any <market rate units contained within the sameproject. In contrast, State taw allows for the substantial reduction to be applied to both the affordable and market rate units contained within the same project. (8) .Staff proposes that, iri additidn to updating the density bonus provisions to achieve consistency with State .law, that the Density Bonus and Affordable Multiple-Family Housing Developments Chapters of the Code be combined to ensure that developers bf affordable rental projects have the ability to take advantage of the full benefits prbvitled by the two separate Chapters (i.e., dehsity bonus, reduced parking standards and reduced site tlevelopment standards) with the option of following a nan-discretionary process. This action will also serve to achieve consistency between the Density Bonus and Affordable Multiple-Family Housing Developments Chapters. Further, the combination of Chapters will facilitate. any necessary future updates to the Code so that only one Chapter would need to be updated as State law changes. This approach inconsistent with the goals of the City's Affordable Housing Strategic Plan by eliminating any confusion caused by the need for developers to consult two different Chapters bf the Zoning Code while researching local affordable housing provisions. ' DISCUSSION: ' New State Density Bonus Provisions (g) The two most recent updates to State density bonus law made significant changes to the requirements and incentives that a City must provide to developers of affordable housing. These changes increased the density bonus,'added reduced parking. ratios, increased the number bf incentives that a developer can receive, and furtherlimjted a city's ability to 'require discretionary review df affordable housing projects. (10) The maximum density bonus increased from twenty five percent (25%) td thirty five percent (35%), based on a sliding scale dependent upon the number of affordableunits and level of affordability provided by the developec`Additiohal density bonuses must also be granted for housing developments that transfer land to the City for the development of affordable units or if the development provides a child care facility for use by its residents. Rental units must be provided at affordable7ates for a period of atleast thirty (30) years. For-sale ' units must be affordable to the initial purchaser and an equity-sharing. agreement must be enforced so that the City may recapture any initial subsidy and a proportionate share of appreciation to be used for the ~e-supply of affordable housing. __ (11) Housing developments that qualify for a density`bonus must also be granted reduced parkingtatios and allowed. to utilize tandem parking to meet required parking standards. State law also mandates that cities allowuncovered parking ih meeting required parking standards, which is presently allowed under current City ordinance. Page 2 Staff Report to the Planning Commission August 21, 2006 Item No. 4 (12) in addition to relaxed parking standards, one to three development incentives must be granted based do the level of affordability provided plus an additional incentive must be .grated if a child-care facility is provided on site. (13) The density bdnuse5and the retluced parking ratios must be approved if the housing development meets the affordability requirements. further, any additional incentives must be approved unless one of the two following specific findings can be made for denial; a. The incentive is not required in order to provide housing at affordable costs or rents. b. The incentive wouldhave a specific adverse impact upon public health and safety or the physical environment oron any real property that is listed in the California Register of Historical Resources and far which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering: the development unaffordable to low and moderate-income households. (14) Requiring a public hearing for a qualified project does. not conform to the spirit of the State density bonus law but may be warranted when the incentives ,requested by the development could significantly impact adjacent properties. Q discretionary process would alldw adjacent property owners to be notified of the development project. -The State density bonus law is clear that the granting of a density bonus and/or incentives shall not be interpreted,`n and ofitself, to require a general plan amendment, zoning change, conditional use permit,'or other discretionaryapprovaL Iln addition, if an affordable project must undergo discretibnary review, required findings :for denial are still limited to the two findings described above Proposed Density Bonus and Affordable Rental Housing Ordinance (15) The proposed ordinance includes modifications that would bring the Zoning Code into conformance with State. law while particularly encouraging affordable rental projects by offering greater incentives and an administrative 7eview process for qualifying multiple- family developments. ' If the proposed Code amendment is approved staff will .bring forward a proposal to repeal Chapter 18.58. (Affordable. Multiple-Family Housing Developments) in the near future. (16) Jn order to provide for anon-discretionary,'or ministerial, revrew process, staff proposes a two-tiered approach towards evaluating proposed developments and requested incentives. Applications for Tier One Incentives, described in paragraph no. 20,below, would. allow for ministerial. review of the development, including requested incentives, by the Planning Director. Tier Two Incentives, described in paragraph no. 22,below, or incentives in a quantity exceeding thoseorovided for by State law, would require review by the Planning ` Commissidn`through a publichearingprocess. (17) Affordable Rental Housing Developments (as defined in Section 18.52.110 of the proposed. ordinance) could receive all of the incentives identified under Tier One,lncentives and would be subject to the ministerial review processunless the applicant,requested incentives from the Tier' Two Incentives list:'Request for Tier Two Incentives would require a publiahearing which would offer public review consistent with the current Affordable Multiple-Family Housing Developments brdinance: However, a conditional use permit would not be required and denial of the incentives would have to be based on the findings identified rn paragraph no.13 above. Page 3 Staff Report to the Planning Commission August 21, 2006 Item No. 4 (18) .Developments that do not qualify as Affordable Rental Housing Developments and only avail themselves to the number and type of incentives authorized by State law would also be reviewed through a ministerial process.: (19) Any project requesting incentives identified on the Tier Two Incentives list, incentives not ', .listed in either category, or in a quantity of incentives exceeding the number identified by State law would be reviewed by the Planning Commission through a public hearing process. (20) Tier One Incentives subject to ministerial review include: ', a. Maximum site coverage of up to ninety percent (90%) b. Decreased. size for up to fifty percent (50%) pf the required number of trees (from twenty-four (24) inch boz to fifteeh (15) gallon) c. `Reduction of individual interior setbacks, as identified ih Table b2-G of the proposed ordinance d, Reduction of individual setbacks. between: buildings, as identified in Table 53-G of the proposed ordinance (21) Incentives (c) and (d) above are identical to those currently offered in the Affordable Multiple-Family Housing Developments grdinance.<Staff added (a) and,(b),above, in order to provide additional incentives to qualified affordable housing develgpments, <The increased allowable site coverage may be a necessary deviation from the Code in order to achieve he maximum allowable density bonus while utilizinga podium.-typeproduct.. The reduced size of required trees is intended o provide an economic benefit to developers of affordable housing, while still maintaining the quantities required by Code. (22) Tier Two Incentives, subject to Planning Commission review. include: a. Reduction of rightof-way dedication b. :Increased building height to fourstories o. Density bonus. greater,than thirty five percent (35%) s d. Further reduction in parking ratios e. Approval of mixed use zoning (23) Jncentives (a) and (b) above are incentives that have recently been requested by affordable housing developments. Incentives (c) and (d) are specifically mentioned in State density bonus law as incentives that a City may wish4o consider offering. Incentive (e) is required to be offered py State density bonus law. (24) >As part of its on-going efforts to encourage the development of affordable housing, staff will > continue to analyze additional incentives that could be granted administratively as aTier One incentive or any that should be specifically identified on the Tier Two Incentives list. Any. recommended changes would be brought forward for Commission and: Council review at slater date. (25) 'Developments pursued under the proposed ordinance would be required to enter into a Density Bonus Housing Agreement with he City, which would be recorded against the :property. The Agreement would include provisions to ensure on-going compliance with City and State requirements pertaining to density bonuses. (26) For projects that qualify as an Affordable Rental Housing Development, additional provisions must be included in the Density Bonus Housing Agreement, as described. in subsections 18.52.210.0701 through .0713 of the proposed ordinance. Requirements include a term of affordability for affordable rents of at least fifty-five (55) years, a parking Page 4 Staff Report to the Planning Commission August 21, 2006 Item No. 4 management plan, an obligation of the owner to provide professional on-site management, a limitation of the number of occupants within each unit, and. an obligation to give priority to ..tenants who currently live or work in Anaheim. (27) Procedures to apply for a density bonus are included in the proposed ordinance. .Applications for density bonus would be processed concurrently with any othertequested actions, such as a zoning reclassification. The initial step includes apre-application meeting with the Community Development staff.. The applicant would then be required to submit apre-file application to the Planning Department, followed by a format density bonus application. (28) As described in paragraph no. 11 above, an application for density bonus and related incentives must be granted unless specific findings can be made. Applications would be acted upon by the Planning Director or Planning Commission, with: appeals heard by the City Council ENVIRONMENTAL IMPACT ANALYSIS: (29) .Environmental Impact Report (EIR) No. 330 was adopted and certified on May 25, 2004, and adequately describes the potential environmental impacts associated with both ZCA2004-00029 and ZCA2006-00049 for the purposes of the California Environmental Quality Act, `In conjunction with EIR No. 330, Mitigation Monitoring Plan No. 122 was also adopted. The current project's environmental impacts have either been previously evaluated and addressed through the previous EIR and mitigation monitoring plan or have no impact on the environment. RECOMMENDATION: {30) Staff recommends that unless additional or contrary information isYeceived during the .public hearing, including the information in this staff report and the attachments hereto, that the Planning Commission take the following actions: {a) By motion, recommend that the City Council find and determine that no additional significant effect will result from the proposal, no new mitigation measures or alternatives will be required, and that the proposed Zoning Code Amendment No. 2006-00049 is within the scope of the Final. Environmental Impact Report No. 330 prepared in connection with Zoning Code Amendment No. 2004-00029, which was a comprehensive update to Title 18 (Zoning) of the Anaheim Municipal Code, and that Final EIR No, 330 is adequate to serve as the required environmental documentation for the proposed Zoning Code Amendment in compliance with the California Environmental Quality Act ("CEQA"). (b) By motion, recommend to the City Council the adoption of Zoning Code Amendment No. 2006-00049 to amend. Chapter 18.52 (Density Bonus) of the Anaheim Municipal. Code to implement State-mandated density bonus provisions for affordable and .senior citizen housing and, further, to incorporate the provisions of Chapter 18.58 (Affordable Multiple-Family Housing Developments) of the Anaheim Municipal Code into the same. Page 5 City of Anaheim I~LANNING DEPARTMENT August 21, 2006 City of Anaheim Planning Department 200 S. Anaheim Boulevard, Suite 162 Anaheim, CA 92805 Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of August 21, 2006. 4a. CEQA ENVIROMENTAL IMPACT REPORT NO. 330 (PREVIOUSLY CERTIFIED) 4b ZONING CODE AMENDMENT NO. 2006-00049 Owner: City-Initiated Location: Citywide: Request: City-Initiated (Planning and Community Development) request to amend Title 18 (Zoning) of the Anaheim Municipal Code to propose a new Density Bonus Ordinance (attached) to implement state-mandated density bonus provisions for affordable and senior citizen housing and, further, to incorporate the provisions of Chapter 18.58 (Affordable Multiple-Family Housing Developments).' This item was originally advertised to include a request to approve a Density Bonus Implementation Regulations document, which no longer applies. www.anaheim.net ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission has reviewed the proposal to amend Chapter 18.52 of the Anaheim Municipal Code (Zoning Code Amendment No. 2006- 00049) and does hereby recommend that the City Council, find that Previously Certified Environmental Impact Report No. 330 is adequate to serve as environmental documentation for Zoning Code Amendment No. 2006-00049. Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission does hereby recommend to the City Council the adoption of Zoning Code Amendment No. 2006-00049 to amend Chapter 18.52 (Density Bonus) of the Anaheim Municipal Code to implement State-mandated density bonus provisions for affordable and senior citizen housing and, further, to incorporate the provisions of Chapter 18.58 (Affordable Multiple-Family Housing Developments) of the Anaheim Municipal Code into the same. Sincerely,. Eleanor Morris, Senior Secretary Anaheim Planning Commission ZCA2006-00049_Excerpt 206 South Anaheim Boulevard P.0. Box 3222 Anaheim, California 92803 TEL (774) 765-5139 Attachment -Item No. 4 State Code Densit Bonus and Other Incentives Section -Far Affordable Units Chapter 4.3. Density Bonuses and Other Incentives 65415. Incentives for lower income housing development (a) When an applicant seeks a density bonus for a housing development within, or for the donation of land far housing within, the jurisdiction of a city, county, or city and county, that local govemmen[ shall provide the applicant incentives or concessions for the production ofhousing units and child care facilities as prescribed in. this section. All cities, counties, or cities and counties shall adopt an ordinance that specifies how compliance with this section will be implemented. (b) (1) A city, county, or city and county shall grant *** one density bonus, the amount of which shall be as specified in subdivision (g), and incentives or concessions, as described in subdivision (d), when *** an applicant for *** a housing development seeks and agrees to constme[ *** a housing development, excluding any units permitted by the density bonus awarded pursuant to [his section, that will contain at least any one of [he following: *** (A) Ten percent of the total units of a housing development for lower income households, as defined in Section 50079.5 of [he Health and Safety Code. *** (B) Five percent of the total units of a housing development for very low income households, as defined in Section 50105 of the Health and Safety Code. *** (C) A senior citizen. housing development as defined in Sections 5 ].3 and 51.12 of the Civil Code, or moblehome park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of [he Civil Code. (D) Ten percent of [he total dwelling units in a *** common interest development as defined in Section 1351 of the Civil Code for persons and families of moderate income,. as defined in Section 50093 of the Health and Safety Code, provided that all units in the development are offered [o the public for purchase. (2) For purposes of calculating the amount of the density bonus pursuant to subdivision (f), the applicant who requests a density bonus pursuant to this subdivision shall elect whether the bonus shalt be awarded on the basis of subparagraph (A), (B), (C), or (D) of paragraph (I ). (c) (l) An applicant shall agree [o, and [he city, county, or city and county shall ensure, continued affordability of all low *** -and very low income units that qualified the applicant for the award of [he density bonus for 30 years or a longer period of time if required by the constmc[ion or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. *** Rents for the lower income density bonus units shall be se[ at an affordable rent as defined in Section 50053 of the Health and Safety Code. Owner-occupied units shall be available at an affordable housing cost as defined in Section 50052.5 of the Health and Safety Code. (2) An applicant shall agree to, and the city, county, or city and county shalt ensure that, the initial occupant of the moderate-income units that are directly related to the receipt of the density bonus in the *** common interest development, as defined in *** Section 1351 of the Civil Code, are persons and families of moderate income, as defined in Section 50093 of [he Health and Safety Code ***, and that the units are offered at an affordable housing cost, as that cost is defined in Section 50052.5 of the Health and Safety.Code. The local government shall enforce an equity-sharing agreement, unless it is in conflict with [he requirements of another public funding source or law. The following apply to the equity-sharing agreement: (A) Upon resale, the seller of the unit shall retain the value of any improvements, the downpayment, and the seller's proportionate share of appreciation. The local govemmen[ shall recapture any initial subsidy and its proportionate share of appteciation, which shall [hen be used within three years for any of the purposes described in subdivision (e) of Sec[ion.33334.2 of [he Health and Safety Code that promote homeownership. (B) For purposes of this subdivision, the local government's *** initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale .,.. price to the moderate-income household, *** plus the amount of any downpayment State Codc Densit ~ Bonus and Other Incentives Section -for AElordable Units assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as [he initial market value. (C) For purposes of this subdivision, the local govemmenl's proportionate share of appreciation shall be equal to [he ratio of [he initial subsidy to the fair market value of the. home at the time of initial sale. (d) (1) An applicant for a density bonus pursuant to subdivision (b) may submit to a city, county, or city and county a proposal for the specific incentives or concessions that the applicant requests pursuant [o this section, and may request a meeting with [he city, county, or city and. county. The city, county, or city and county shall grant the concession or incentive requested by the applicant unless the city, county, or city and county makes a written finding, based upon substantial evidence, of either of the following: (A) The concession or incentive is not required in order to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c). (B) The concession or incentivewould have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment or on any real property [ha[ is listed in [he Califomia Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid [he specific adverse impact without rendering the development unaffordable to low- and moderate-income households. (2) The applicant shall receive the Following number of incentives or concessions: (A) One incentive or concession for projects that include at least 10 percent of the total units for lower income households, at least 5 percent for very low income households, or at least l0 percent for persons and families of moderate income in a *** common interest development. (B) Two incentives or concessions for projects that include at leas[ 20 percent of the total units for lower income households, a[ leas[ ] 0 percent for very low income househo]ds, or at Ieast.20 percent for persons and families of moderate income in a *** common interest development. (C) Three incentives or concessions for projects that include at leas[ 30 percent of the total units for lower income households, a[ least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a *** common interest development. (3) The applicant may initiate judicial proceedings if the city, county, or city and county refuses to grant a requested density bonus, incentive, or concession. If a court finds that the refusal to grant a requested density bonus, incentive, or concession is in violation of [his section, the court shall award [he plaintiff reasonable attorney's fees and costs of suit. Nothing in [his subdivision shall be interpreted to require a local government [o gmn[ an incentive or concession that has a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health, safety, or the~physical environment, and for which [here is no feasible method tosa[isfactorily mitigate or avoid the specific adverse impact. Nothing in this subdivision shall be interpreted to require a local government [o grant an incentive or concession that would have an adverse impact on any real property thatis listed in the Califomia Register of Historical Resources. The city, county, or city and county shall establish procedures for carrying out this section, that shall include legislative body approval of the means of compliance with this section. The city, county, or city and county shall also establish procedures for waiving or modifying development and zoning standards that would ~' otherwise inhibit the utilization of [he density bonus on specific sites. These procedures shall include, but not be limited [o,. such items as minimum lot size, side yard setbacks, and -..-..... placement of public works improvements. State Code Density Bonus and Other Incentives Section -For Affordable Units. (e) In no case may a city, county, or city and county apply any development standard that will have the effect of precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives. permitted by this section. An applicant may submit. to a city, county, or city and county a proposal for the waiver or reduction of development standards and may request a meeting with the city, county, or city and county. If a court finds that the refusal [o grant a waiver or reduction of development standards is in violation of [his section, [he. court shall award the plaintiff reasonabte attorney's fees and costs of suit. Nothing in [his subdivision shall be interpreted to require a local government to waive or reduce. development standards if [he waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health, safety, or [he physical environment, and for which [hare is no feasible method [o satisfactorily mitigate or avoid the specific adverse impact. Nothing in this subdivision shall be interpreted to require a local government to waive or reduce development standards that would have an adverse impact on any real property that is listed in [he California Register of Historical Resources. (f) The applicant shall show [hat [he waiver or modification is necessary [v make the housing units economically feasible. (g) For the purposes of this chapter ***, "density bonus" means a density increase *** over the otherwise. maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as. of the date of application by the applicant [o [he city, county, or city and county. *** The applicant may elect to accept a lesser percentage of *** density bonus ***. The amount of density bonus [o which the applicant is entitled shall vary according [o the amount by which [he percentage of *** affordable housing units *** exceeds the percentage established in subdivision (b). (I) For housing developments meeting [he criteria of subparagraph (A) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows: Percentage Low-Income Percentage Density Bonus Units. 10 20 11 21.5 12 23 13 24.5 14 26 15 27.5 17 305 I8 32 19 338 20 35 (2) For housing developments meeting the criteria of subparagraph (B) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows: Percentage Very Low Percentage Density Bonus Income Units 5 20 6 225 7 25 8 27.5 9 30 10 32.5 11 35 ,, (3) For housing developments meeting the criteria of subpazagmph (C) of paragraph (1) of subdivision (b), [he density bonus shall be 20 percent. __ ,_ ,_ (4) For housing developments meeting. the criteria of subparagraph (D) of paragraph (1) of subdivision (b),the density bonus shall be calculated as follows: ~ _ ~ ~_ m ~ O d V ~ h0 ~ .N o 3 3 °c 0 ~~ m 0 . b ~ y j~ C O O id 4~ .~ [-r b .C U O~ O b O O N ;~ 'O 4 O ,~ O h O O O w C~ ' ' N O O a ~ 0 ti C nt m O. y O N O 0 of C O N G t~ O . ~,G ~ m C C b p ~`> .0 v ~ .~ .~ O i. C .a m O C~ 00 m o o 7 0 O U 4 4 C b N A U N 'd N p 0 _ VI p v [~ 0 Wis. ` E m C ^ o n O d p '~ ~~~ h ' F'y v= C N E O* N vi C o p 0~ 0 7 o C c c ;0 ou 0.w d ~.' N d° 8 "c 3 C C1 N '2 c m .. :. 5 .5 c ~ a N_ W C C t C N ~ b N vl ~ U C t n Ol N E ~ m n H . a .~ v a+ m m , ~ ~ . N y 9 n F O > O ,O d U .f k . C N N 4l m ~ W ^ P ~- H 000 ?.~. N N O N O m ,N O~~ y vi C m ~ ~ ....~ C~ m m m L>` b G .y J ~ ~ Vl lO [~ D] T O .-• N M V Vl ~O 1~ 00 O\ O r~. N M V Vl ~O 1~ 00 O\ O •-n N M V' VI i .~ .C .EO 'E ~ O 'vl W 'V N N '^ y V'1 b (~ ~ U ^^^^ .N. ~--~ ^^^^^ ^+ N N N N N N N N N N M M M M M M N C ~0 T~ C O o '0 C ~ N 7 rOn L L>' U ~ ~ ~ > = m ~ ~ ... ~ N C'C w m C id a~ vi . v E q y' ` ["" a¢ C~ E m mom. '~ `~ ~ E O o O C O N M^ v1 ~O [~ CO T O ~--~ N M V ~/1 ~O t~ 00 T O-~ N M V ~/1 ~O t~ 00 T O ^ d N> G "O' O N w y q y C ~ Cry O N P o ~ O -~ N M^ ^^ Pr . -~ ^^^ ^^^^^ N N N N N N N N N N M M M M M M M M M M 7 0 L ~ y ~ a ' . 'o E c a ~> ..a ° ~ cm~~ 0>~~ ~ ¢ 3 „ v 3 „ > p O C v v 7 v ....'O N A 00 State Code Density Bonus and Othcr Incentives Section -For Affordable Units 15 20 16 21 17 22 I8 23 19 24 2D 25 21 26 22 27 23 28 24 29 25 30 26 31 27 32 28 33 29 34 30 35 (2) *** This increase shall be in addition [o any increase in density mandated by subdivision (b), up to a maximum combined mandated density increase of 35 percent if an applicant seeks both [he increase required pursuant [o [his subdivision and subdivision (b). All density calculations resulting in fractional units shall be rounded up to [he next whole number. Nothing in this subdivision shall be constmed to enlarge or diminish the authority of a city, county, or city and county to require a developer to donate land as a condition of development. An applicant shall be eligible for the increased. density bonus described in. this subdivision if all of [he following conditions are met: *** (A) The applicant donates and transfers[he land no later than the date of approval of the final subdivision map, parcel map, or residential development application. *** (B) The developable acreage and zoning classification of [he land being. transferted are sufficient [o permit construction of units affordable [o very low income households in an amount not less than ] 0 percent of [he number of residential units of the proposed development. *** (C) The transferted land is at leas[ one acre in size or of sufficient size to permit development of at leas[ 40 units, has the appropriate general plan designation, is .appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible. No later than the date of approval of the final subdivision map, parcel map, or of the residential development, the transferted land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferted land, except that the local govemmen[ may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Section 65583.2 if [he design is not reviewed by the local government prior to the time of transfer ***. (D) The transferred land and [he affordable units shall be subject to a deed restriction ensuring continued affordability of [he units consistent with paragraphs (1) and (2) of subdivision (c), which shall be recorded on the property at the time of dedication. *** (E) The land is transferted to the local agency or to a housing developer approved by the local agency. The local agency may require the applicant [o identify and transfer the land to the developer.. *** (F) The transferted land. shall be within [he boundary of the proposed development or, if the local agency agrees, within one-quarter mile of [he boundary of the proposed development State Codc Densit Bonus and Other Incentives Section -For Affordable Units (i) (I) When an applicant proposes to cons[mct a housing development that conforms to the requirements of subdivision (b) and includes a child care facility that will be located on the premises of, as part of, or adjacent to, the project, the city, county, or city and county shall grant either of the following: (A) An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square fee[ in the child care facility. (B) An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility. (2) The city, county, or city and county shall require, as a condition of approving [he housing development, that the following occur: (A) The child care facility shall remain in operation for a period of time that is as long as or longer than [he period of time during which the density bonus units are required to remain affordable pursuant to subdivision (c). (B) Of the children who attend. the child care facility, the children of very low income households, lower income households, or families of moderate income shall equal a percentage [ha[ is equal [o or greater than the percentage of dwelling units that are required for very low income households, lower income households, or families of moderate income pursuant to subdivision (b). (3) Notwithstanding any requirement of this subdivision, a city, county, or a city and county shall not be required to provide a density bonus or concession for a child care facility if it finds, based upon substantial. evidence, that the community has. adequate child care facilities. (4) "Child care facility;' as used in this section, means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and schoolage child care centers. (j) "Housing development," as used in this section, means one or more groups of projects for residential units constructed in the planned development of a city, county, or city and county. For the purposes of this section, "housing development" also includes a subdivision or *** common interest development *** , as defined in Section 1351 of the Civil Code,. approved by a city, county, or city and county and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation ofan existing multifamily dwelling, as defined in subdivision (d) of Section 65863.4, where the result of the rehabilitation would be a net. increase in available residential units. For [he purpose of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas. of the housing development other than [he areas where the units for the lower income households are located. (k) The granting of a concession or incentive shall not be interpreted, in and. of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval. This provision is declaratory of existing law. (I) For the purposes of this chapter, concession or incentive means any of the following: (1) A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed [he minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but no[ limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces [hat would otherwise be required that results in identifiable, financially sufficient, and actual cos[ reductions. (2) Approval of mixed use zoningin conjunction with the housing project if commercial, office, industrial, or other land uses. will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned. development in [he area where the proposed housing project will be located. 6 State Codc Densit Bonus and Other Incentives Section -for Affordable Units (3) Other regulatory incentives or concessions proposed by the developer or the city, county, or city and county that result in identifiable, financially sufficient, and actual cost reductions. This subdivision does. not limit or require the provision of direct financial incentives for the housing development,. including [he provision of publicly owned land, by the city, county, or city and county, or the waiver of fees or dedication requirements. (m) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of [he California Coastal Ac[ (Division 20 (commencing with Section 30000) of the Public Resources Code. (n) Nothing in [his section shall be constmed [o prohibit a city, county, or city and county from granting. a density bonus greater than what is described in this section for a development that meets the requirements of this section or from granting a proportionately lower density bonus than what is required by this section for developments [ha[ do not meet [he requirements of this section. (o) For purposes of this section,. the following definitions shall apply: (1) "Development standard" includes site or construction conditions that apply to a residential development pursuant to any ordinance, general plan element, specific plan, charter amendment, or other local condition, law, policy, resolution, or regulation. (2) "Maximum allowable residential density" means the density allowed under the zoning ordinance, or if a range of density is permitted, means the maximum allowable density for the specific zoning range applicable to the project. (p) (1}Upon the request of [he developer,. no city, county, or city and county shall require a vehicular parking ratio, inclusive of handicapped and guest parking, of a development meeting the criteria of subdivision (b), that exceeds the following ratios: (A) Zero to one bedrooms: one onsite parking space. (B) Two to three bedrooms: two onsite parking spaces. (C) Four and more bedrooms: two and one-half parking spaces. (2) If the total number of parking spaces required for a development is other than a whole number, [he number shall be rounded up to the next whole number. For purposes of this subdivision, a development may provide "onsite parking" through tandem parking or uncovered parking, but not through onstree[ parking. (3) This subdivision shall apply to a development that meets the requirements of subdivision (b) but only at the request of the applicant. An applicant may request additional parking incentives or concessions beyond those provided in this section, subject to subdivision (d). (Amended by Slats. 1984, Ch. 1333. Na repealer; Amended by Stars. 1989, Ch. 841; Amended by Slats. /990,. Ch. 31. Effective September /1, 1990; Amended by Stars. 991, Ch. 1091; Amended by Slats. 1999, Ch. 968.; Amended by Slats. 2000, Ch. 556; Amended by Sm1s:1002, Ch. 1061; Amended by Stats.1003, Ch. 430; Amended by Slats. 1004, Ch. 918 Amended by Slats. 1005, Ch. 496.) 65995.5. Condo conversion incentives for low income housing development (a) When an applicant for approval to convert apartments [o a condominium project agrees [o provide at least 33 percent of the total units of the proposed condominium project to persons and families of low or moderate income as defined in Section 50093 of [he Health and Safety Code, or 15 percent of [he total units of [he proposed condominium project to lower income households as defined in Section 50079.5 of the Health and Safety Code, and agrees to pay for the reasonably necessary administrative costs incurred by a city, county, or city and county pursuant to this section, [he city, county, or city and ..county shall. either (1) grant a density bonus or (2) provide other incentives of equivalent financial value. A city, county, or city and county may place such reasonable conditions on [he granting of a density bonus or other incentives of equivalent financial value as it finds appropriate, including, but not limited to, conditions which assure continued affordability of units to subsequent purchasers who .._.,... are persons and families of low and moderate income or lower income households. State Codc Density Bonus and Other Incentives Section -For Affordable Units. (b) For purposes of [his section, "density bonus" means an increase in units of 25 percent over the number of apartments, to be provided within [he existing stmcture or structures proposed For conversion. (c) For purposes of this section, "other incentives of equivalent financial value" shall not be construed to require a city, county, or city and county to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements which the city, county, or city and county might otherwise apply as conditions of conversion approval. (d) An applicant for approval to convert apartments to a condominium project may submit to a city, county, or city and county a preliminary proposal pursuant [o this section prior to the submittal of any formal requests for subdivision map approvals. The city, county, or city and county shall,. within 90 days of receipt of a written proposal, notify the applicant in writing of [he manner in which it will comply with [his section. The city, county, or city and county shall establish procedures for carrying out [his section, which shall include legislative body approval of the means of compliance with this section. (e}Nothing in this section shall be constmed to require a city, county, or city and county to approve a proposal to convert apartments to condominiums. (f) An applicant shall be ineligible for a density bonus or other incentives under this section if the apartments proposed. for conversion constitute a housing development. for which a density bonus. or other incentives were provided under Section 65915. (Added by Stats. 1983, Cti. 634.) 65916. Direct financial contribution Where there is a direct financial contribution to a housing development pursuant to Section 65915 through participation in cos[ of infrastructure, write-down of land costs, or subsidizing the cost of construction,. the city, county, or city and county shall assure continued availability for low- and moderate-income units for 30 years. When appropriate, the agreement provided for in Section 65915 shall specify [he mechanisms and procedures necessary to carry out this section. (Added by Stats. 1979, Ch. 1107.) 65917. Policy In enacting this chapter it is the intent of the Legislature that the density bonus or other incentives offered by the city, county, or city and county pursuant [o [his chapter shall contribute significantly [o [he economic feasibility of lower income housing in proposed housing developments, In the absence of an agreement by a developer in accordance with Section 65915, a locality shall no[ offer a density bonus or any other incentive that would undermine the intent of this chapter. (Amended by Stats. 1982, Ch. 1263; Amended by Stats. 1989, Ch. 842; Amended by Stats. 2001, Ch. I I S J 65917.5. Commercial density bonus (a) As used in this section, the following terms shall have the following meanings: (I) "Child care facility" means a facility installed, opem[ed, and maintained under this section for the nonresidential care of children as defined under applicable state licensing requirements for the facility. (2) "Density bonus" means a floor area ratio bonus over the otherwise maximum allowable density permitted under the applicable zoning ordinance and land use elements of [he general plan of a city, including a charter city, city and county, or county of (A) A maximum of five square fee[ of floor area for each one square foot of floor area contained in the child care facility for existing structures.. (B) A maximum of 10 squaze feet of floor area for each one square foot of floor area contained in the child care facility for new stmctures. For purposes of calculating the density bonus under [his section, both indoor and outdoor square footage requirements for the child care facility as set forth in applicable state child care --~- -~ licensing requirements shall be included in the floor area of the child care facility. State Code Density Bonus. and Other Incentives Section -for Affordable [Inits (3) "Developer" means the owner or other person, including a lessee, having the right under the applicable zoning ordinance of a city council, including a charter city council, city and county board of supervisors, or county board of supervisors to make application for development approvals for the development or redevelopment of a commercial or industrial project. (4) "Floor area" means as to a commercial or industrial project, the floor area as calculated under the applicable zoning ordinance of a city council, including a charter city council, city and county board of supervisors, or county board of supervisors and as to a child care facility, the total area contained within the exterior walls of the facility and all outdoor areas devoted. to the use of the facility in accordance with applicable state child care licensing requirements. (b) A city council, including a charter city council, city and county board of supervisors, or county board of supervisors may establish a procedure by ordinance [o grant a developer of a commercial or industrial project, containing at least 50,000 square feet of floor area, a density bonus when that developer has set aside at least 2,000 square feet of floor area and 3,000 outdoor square feet to be used for a child care facility. The granting of a bonus shall no[ preclude a city council, including a charter city council, city and county board of supervisors, or county board of supervisors from imposing necessary conditions on the projector on the additional square footage. Projects constmcted under this section shall conform to height, setback, lot coverage, architectural review, site plan review, fees, charges, and other health, safety, and zoning requirements genernlly applicable to construction in the zone in which the property is located. A consortium with more than one developer may be permitted to achieve the threshold amount for the available density bonus with each developer's density bonus equal to the percentage participation of the developer. This facility may be located on the project site or maybe located offsite as agreed upon by [he developer and local agency. If the child care facility is not located on the site of the project, the local agency shall determine whether [he tocation of [he child care facility is appropriate and whether i[ conforms with the intent of this section. The child care facility shall bebf a size to comply with all state licensing requirements in order to accommodate a[ least 40 children. (c) The developer may operate the child care facility itself or may contrnct with a licensed child care provider to operate the facility. In all cases, the developer shall show ongoing coordination with a local child care resource and refersal network or local govemmen[al child care coordinator in order to qualify for the density bonus. (d) If the. developer uses space allocated for child care facility putposes, in accordance with subdivision (b), for any purposes other than for a child care facility, an assessment based on the square footage of the project maybe levied and collected by the city council, including a charter city council, city and county board of supervisors, or county board of supervisors. The assessment shall be consistent with the market value of the space. If [he developer fails to have the space allocated for the child care facility within three years, from [he date upon which the first temporary certificate of occupancy is granted, an assessment based on the square footage of the project may be levied and collected by [he city council, including a charter city council, city and county board of supervisors, or county board of supervisors in accordance with procedures to be developed by the legislative body of the city council, including a charter city council, city and county board of supervisors, or county board of supervisors. The assessment shall be consistent with the market value of the space. Any penalty levied against a consortium of developers shall be charged to each developer in an amount equal to the developer's percentage square feet participation. Funds collected pursuant to this subdivision shall be deposited by the city council, including a charter city council, city and county board of supervisors, or county board of supervisors into a special account to be used for childcare services or child care facilities. (e) Once the child care facility has been established, prior to the closure, change in. use, or reduction in the physical size of, [he facility, the city, city council, including a charter city council, city and county board of supervisors, or county board of supervisors shall be required to make a finding that the need for child care is no longer present, or is not present [o [he same degree as i[ was at the time the facility -was established. (f) The requirements of Chapter 5 (commencing with Section 66000) and of the amendments made to Sections 53077, 54997, and 54998, by Chapter 1002 of the Statutes. of 1987 shall not apply to actions taken in accordance with this section. State Code Density Bonus. and Other Incentives Section -For Affordable [hits (g) This section shall not apply to avoter-approved ordinance adopted by referendum or initiative. (Added by Stats. 1989, Ch. /3Z3.) Note: Stars. 1989, Ch. 1323 also reads: SEC. I. The Legislature finds and declares all of the following: (a) IL is [he intent of the Legislature to encourage greater development of facilities by the private sector at points of employment concentration. (b) It is the intent of [he Legislature to encourage and foster a public and private cooperative approach to providing child care services in California communities. (c) It is in the best interest of the state to develop and foster incentive driven programs to encourage commercial and industrial developers to provide children's centers, which can meet the needs of the city, including a charter city, city and county, or county. (d) II is the intent of the Legislature [o provide advisory guidelines which maybe adopted by a city council, including a charter city council, city and county board of supervisors, or county board of supervisors, for floor area ratio bonuses as one approach in addressing [he unmet need For childcare services in California communities. (e) It is in the best interest of the state to provide advisory guidelines which assist in reducing travel time for families by increasing onsite child care facilities in developments such as business., industrial parks, and retail centers. It is also in [he best interest of the state to create incentives for developers which will help to foster and attract business and tenants in. new developments. (f) I[ is the intent of the Legislature to provide guidelines for local. jurisdictions and [he private sector which will increase the number of facilities which are developed specifically for children that can enrich and nurture their physical and cognitive growth. (g) It is further [he intent of the Legislature that every city council, including a charter city council, city and county board of supervisors, or county board of supervisors, shall consider adopting. the floor area ratio bonus guidelines intotheir local general plans. 65918. Charter cities The provisions of [his chapter shall apply to charter cities. (Added by Stars. 1979, Ch. IZ07.J 10 Attachment -Item No. 4 Sections: 18.52.010 18.52.020 18.52.030 18.52.040 18.52.050 18.52.060 18.52.070 18.52.080 18.52.090 18.52.100 18.52.110 18.52.120 18.52.130 18.52.140 18.52.150 18.52.160 18.52.170 18.52.180 18.52.190 18.52.200 18.52.210 18.52.220 18.52.230 18.52.240 18.52.250 Chapter 18.52 DENSITY BONUS AIVD AFFORDABLE RENTAL HOUSING Purpose. Definitions. Implementation. Density bonus. Transfer of land. Condominium conversion. Parking ratios. Provision of child care facilities. Development incentives. Tier one incentives. Tier two incentives. Affordable rental housing developments. Density bonus standards. Approval authority. Application submittals. Application review. Determination of application completeness. Modification of application. Findings. Notice of approval or denial. Appeals. Time to exercise entitlement. Density bonus housing agreement. Conflict with other laws. Penalty for violations. 18.52.010 PURPOSE. The purpose of this chapter is to provide incentives for the production of housing for very low, lower and moderate income households, or senior households in accordance with Chapter 4.3 Section 65915 et. seq of the California Government Code and to encourage the construction of Affordable Rental Housing Developments for very low and lower income households. In enacting this chapter, it is the intent of the City to facilitate the development of affordable housing, to achieve the goals, objectives, and policies of the Housing Element of the General Plan and to provide a quality living environment for very low, lower and moderate income households that is compatible with surrounding land uses and neighborhoods. 18.52.020 DEFINITIONS. For purposes of this chapter, the following words, terms and phrases shall have the meanings ascribed herein: 52-1 Anaheim Zoning Code Density Bonus and Affordable 2ental Housing .010 "Affordable Housing Costs" is defined in Section 50052.5 of the California Health and Safety Code, and includes the sum of actual or projected monthly payments for all of the following costs associated with for-sale Affordable Units: principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowner association fees, and a reasonable allowance for utilities. .020 "Affordable Housing Rent" is defined by Section 50053 of the Health and Safety Code and means the monthly rent to be paid by a qualified tenant, including a reasonable allowance for utilities, for rental of Affordable Units reserved for Very Low or Lower Income Households, not exceeding the following calculations: .0201 Very Low Income: Fifty percent (50%) of the area median income for Orange County, adjusted for household size, multiplied by thirty percent (30%) and divided by twelve (12)• .0202 Lower Income: Eighty percent (80%) of the area median income for Orange County, adjusted for household-size, multiplied by thirty percent (30%) and divided by twelve (12). .030 "Affordable Rental Housing Agreement" means an unsubordinated legally binding agreement between the applicant and the City to be recorded against the property on which the Affordable Rental Housing Development is to be constructed to ensure that the requirements of this chapter are satisfied. The Affordable Housing Agreement shall comply with Section 18.52.240 of this chapter and shall, among other things, establish occupancy limits, the number, size, location and management of the Affordable Units, and the terms and conditions of affordability. .040 "Affordable Unit" means a dwelling unit subject to the provisions of this chapter that will be reserved for sale or rent to, and is made available at an Affordable Rent or Affordable Ownership Cost to very low, low, ormoderate-income households or is a unit in a Senior Citizen Housing Development. .050 "Child Care Facility" means. a child day care facility other than a family day care home, including but not limited to, infant centers, preschools, extended day care facilities, and school age child care centers. .060 "Common Interest Development' is defined in Section 1351 of the California Civil Code. .070 "Density Bonus" means a density increase over the maximum. allowable residential density, up the amount set forth in Section 18.52.040 (Density Bonus), 18.52.050 (Transfer of Land) or 18.52.060 (Condo Conversion). .080 "Density Bonus Housing Agreement" means a legally binding agreement in form and substance satisfactory to the City, between the applicant and the City that complies with the requirements of this chapter and ensures that the restrictions required by this chapter are satisfied. -.090 "Density Bonus Units" means those residential units granted pursuant to the provisions of this chapter that exceed the otherwise maximum allowable residential density for -the development site. Date of Draft: 8/ t 7/2006 52-2 Anaheim Zoning Code Density Bonus and Affordable Rental Housing .100 "Development Standard" means any zoning, ordinance, general plan element, specific plan, or other local condition, law, policy, resolution, or regulation relating to development of the property for which a Density Bonus is requested. .1 t0 "Equivalent Financial Incentive" means an alternative incentive of equivalent financial value,. based upon the land cost per dwelling unit, equal to at least the land cost per dwelling unit savings that would result from a Density Bonus, and/or a Density Bonus plus an additional incentive. .120 "Housing development," as used in this section, means one or more groups of projects for residential units constructed in the planned development of the City.. For the purposes of this section, "housing development" also includes a subdivision or common interest development, as defined in Section 1351 of the Civil Code, approved by the City and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units. For the purpose of calculating. a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located. .130 "Maximum Allowable Residential Density" means the density allowed under this title at the time of application, excluding the provisions of this chapter. If a range of density is allowed under this title, the "Maximum Allowable Residential Density" means the maximum allowable within the range. If the housing development is within a zoning classification other than residential, the "Maximum Allowable Residential Density" shall be the same as that for the RM-4 Zone for rental projects and the same as that for the RM-3 Zone for for-sale projects. .140 `:`Moderate Income" and "Persons and Families of Moderate Income" is defined in Section 50093 of the California Health and Safety Code. .150 "Professional On-Site Management" means an apartment management company that has sufficient experience, organizational stability and capacity to manage the Housing Development. The management company shall employ afull-time resident manager exclusively employed to manage the Housing Development. .160 "Senior Citizen Housing Development" is defined in Sections 51.3 and 51.12 of the Civil Code. .170 "Special Needs Population Units" are units restricted to certain groups who need services linked to their housing, such as: disabled households, handicapped, homeless persons, or chronically ill persons. 180 "Window, Primary" means a window that is not a Secondary Window. .190 "Window, Secondary" means a window located in a bathroom, closet, stairwell or corridor Date of Draft: 8/17/2006 52-3 Anaheim Zoning Code. 18.52.030 IMPLEMENTATION. Density Bonus and Affordable Renal Housing .010 The regulations and procedures set forth in this chapter shall apply throughout the City. Sections of the California Government Code referenced in this chapter, and application forms for complying with this chapter, shall be available to the public at the offices of the City. .020 Upon request from the applicant, the City shall grant a density bonus, the amount of which shall be as specified in Sections 18.52.040 (Density Bonus), 18.52.050 (Transfer of Land) and 18..52.060 (Condo Conversion), parking. ratios as specified in Section 18.52.070 (Parking Ratios) and one or more incentives, as set forth in Section 18.52.090 (Development Incentives), or an Equivalent Financial Incentive, when the applicant for a housing development meeting the requirements set forth in this section, contains at least any one of the following, except as provided in Section 18.52.190 (Findings): .0201 Very low income housing development: At least five percent (5%) of the total units of the housing development as affordable to Very Low Income households; .0202 Lower income housing development:. At least ten percent (10%) of the total units of the housing development as affordable to Lower Income households; .0203 Moderate income housing development: At least ten percent (10%) of the total units of a common interest development as affordable to persons and families of Moderate Income provided that all units in the development are offered to the public For purchase; or .0204 Senior citizen housing development: A senior citizen housing development as defined in Sections 51.3 and 51.12 of the Civil Code, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code unless prohibited by state and/or federal law. .030 Applicants for a Density Bonus Housing Development are eligible to receive reduced parking ratios as specified in Section 18.52.120 (Parking Ratios) and additional incentives as specified in Section 18.52.090 (Development Incentives) when they apply as an Affordable Rental Housing Development pursuant to Section 18.52.120 (Affordable Rental Housing Development). 040 Density Bonus Housing Developments shall be a minimum of five (5) dwelling units. .050 All density calculations resulting in fractional units shall be rounded up to the next whole number. The granting of a density bonus shall not require a general. plan amendment, zoning change, or other discretionary approval. .060 The Density Bonus Units shall not be included when determining the total number of Affordable Units in the housing development. .070 In cases where the applicant requests a density increase less than that identified in Section 18.52.040 (Density Bonus), no reduction will be allowed in the number of Affordable Units required. In cases where a density increase of more than thirty-five percent (35%) is requested, the requested density increase, if granted, shall be considered an additional incentive, pursuant to Section 18.52.090 (Development Incentives). .080 Any affordability requirements identified in this chapter shall be in addition to the requirements of Chapter 18.50 (Senior Citizens' Apartment Projects). Dale of Drag: 8/17/2006 52-4 Anaheim Zoning Code 18.52.040 DENSITY BONUS. Density Bonus and Affordable Rental Housing .010 For purposes of calculating the amount of the density bonus pursuant to Section 18.52.030 (Implementation), the applicant who requests a density bonus pursuant to this section shall elect whether the density bonus shall be awarded based on paragraphs .0201 (Very low income housing development), .0202 (Lower income housing development), .0203 (Moderate income housing development), or .0204 (Senior citizen housing development) of Subsection .020 of Section 18.52.030. .020 The amount of the density bonus to which the applicant is entitled shall vary according to the percentage of affordable housing units exceeding the percentage established in Section 18.52.030 (Implementation) and pursuant to the following tables. .0201 For housing developments meeting the criteria of Section 18.52.030.020.0201 for very low income housing developments, the density bonus shall be calculated as shown in Table 52-A (Very Low Income Density Bonus): Table 52-A Percentaee Verv Low Income Units I Percentaee Density Bonus 5 20 6 22.5 7 25 8 27.5 9 30 10 32.5 .0202 For housing developments meeting the criteria of Section 18.52.030.020.0202 for lower income housing developments, the density bonus shall be calculated as shown in Table 52-B (Lower Income Density Bonus): Table 52-B LOWER INCOME DENSITY BONUS 10 20 I I 21.5 12 23 13 24.5 14 26 15 27.5 16 29 17 30.5 18 32 19 33,5 20 35 Date of Draft:. 8/17/2006 52-5 Anaheim Zoning Code Density Bonus and Affordable Rental Housing .0203 For housing developments meeting the criteria of Section 18.52.030.020.0203 for moderate income housing developments, the density bonus shall be calculated as shown. in Table 52-C (Moderate Income Density Bonus): Table 52-C MODERATE INCOME DENSITY BONUS Moderate Income Units Percents a Densi Bonus 10 5 11 6 12 7 13 8 14 9 15 10 16 11 17 12 18 13 19 14 20 15 21 16 22 17 23 18 24 19 25 20 26 21 27 22 28 23 29 24 30 25 31 26 32 27 33 28 34 29 35 30 36 31 37 32 38 33 39 34 40 35 .0204 For housing developments meeting the criteria of Section 18.52.030.020.0204 for a senior citizen. housing development, the density bonus shall be twenty (20) percent. 18.52.050 TRANSFER OF LAND. :010 When an applicant for a tentative subdivision map, parcel map,. or other residential development approval donates land to the City for the development of very low income housing __„ .units as provided for in this section, the applicant shall be entitled to a fifteen (15) percent Date of Draft: 8/17/2006 52-6 Anaheim Zoning Code Density Bonus and Affordable Rental Housing increase above the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan for the entire development, as shown in Table 52-D (Transfer of Land Density Bonus). Table 52-D TRANSFER OF LAND DENSITY BONUS Percentaue Verv Low Income Units Percentage Density Bonus 10 15 11 16 12 17 13 18 14 19 15 20 16 21 17 22 18 23 19 24 20 25 21 26 22 27 23 28 24 29 ZS 30 26 31 27 32 28 33 29 34 30 35 .020 This increase shall be in addition to any increase in density mandated by Section 18.52.040 (Density Bonus), up to a maximum combined mandated density increase of thirty-five (34) percent if an applicant seeks both. the increase required pursuant to this Section and Section 18.52.040 (Density Bonus). .030 An applicant shall be eligible for the increased density bonus described in this section if all of the following conditions. are met: .0301 The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application. .0302 The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than 10 percent of the number of residential units of the proposed development. .0303 The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public "facilities and infrastructure. The land shall have appropriate zoning and development standards Date of Draft: 8/17/2006 32-7 Anaheim Zoning Cade Density Bonus and Affordable Rental Housing to make the development of the Affordable Units feasible. No later than the date of approval of the final subdivision map, parcel map, or of the residential development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, except that the City may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Government Code Section 65583.2 if the design is not reviewed by the local government prior to the time of transfer. .0304 The transferred land and the Affordable Units shall be subject to a deed restriction ensuring continued affordability of the units, pursuant to Section 18.52.130.030, which shall be recorded on the property at the time of dedication. .0305 The land is transferred to the City or to a housing developer approved by the Director of Community Development. The Director of Community Development may require the applicant to identify and transfer the land to the developer. .0306 The transferred land shall be within the boundary of the proposed development or, if the Director of Community Development agrees, within one-quarter mile of the boundary of the proposed development. 18.52.060 CONDOMINIUM CONVERSION. .010 When an applicant for approval to convert apamnents to a condominium project agrees to provide at least 33 percent of the total units of the proposed condominium project to persons and families of low or moderate income as defined in Section 50093 of the Health and Safety Code, or 15 percent of the total units of the proposed condominium project to lower income households as defined in Section 50079.5 of the Health and Safety Code, and agrees to pay for the reasonably necessary administrative costs incurred by the City pursuant to this section, the City shall either (1) grant a density bonus or (2) provide other incentives of equivalent financial value.. The City may place such reasonable conditions on the granting of a density bonus or other incentives of equivalent financial value as it finds appropriate, including, but not limited to, conditions which assure continued affordability of units to subsequent purchasers who are persons and families of low and moderate income or lower income households. .020 For purposes of this section, "density bonus" means an increase in units of twenty- five (25) percent over the number of apartments, to be provided within the existing structure or structures proposed for conversion. .030 For purposes of this section, `:`other incentives of equivalent financial value" shall not be construed to require the City to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements which the City might otherwise apply as conditions of conversion approval .040 An applicant for approval to convert apartments to a condominium project shall submit to the City aPre-File Application pursuant to Chapter 18.60 (Procedures) prior to the submittal of any formal requests for subdivision map approvals. The City shall, within ninety (90) days of receipt of a written proposal, notify the applicant in writing of the manner in which it will comply with this section. Date of Draft: 8/17/2006 52-8 Anaheim Zoning. Code Density Bonus and Affordable Rental Housing .OSO An application for approval to convert apartments to a condominium project shall submit a request for a Conditional Use Permit pursuant to the requirements of Section 18.38.100 (Condominium Conversions.) and a Density Bonus Application pursuant to the requirements set forth in this chapter. .060 Nothing in this section shall be construed to require the City to approve a proposal to convert apartments to condominiums. .070 An applicant shall be ineligible for a density bonus or other incentives under this section if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were provided under this chapter. 18.52.070 PARKTiVG RATIOS. .010 Upon the request of the developer, the parking ratios shown in Table 52-E (Parking Ratios), inclusive of handicapped and guest parking, of a development meeting the criteria of Section 18.52.040 (Density Bonus) or Section 1.8.52.120 (Affordable Rental Housing Development), shall be offered: Table 52-E PARHING RATIOS Minimum Number of Parkin S aces er Unit Affordable Density Bonus Rental Housing Total Number of Bedrooms Development Develo ment* Studio unit 1 1 1-bedroom 1 I 2-bedrooms 2 1.5 3-bedrooms 2 2 4 or more bedrooms 2.5 2 " To qualify as an Affordable Multi-Family Rental Project, applicants must comply with Section 18.52.120 (Affordable Rental Housing Development). Parking ratio for Affordable Rental Housing Developments applies only [o Affordable Units. Market rate units in Affordable Rental Housing Developments receive [he Density Bonus Development pazking ratios. .020 If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subsection, a development may provide onsite parking through tandem parking or uncovered pazking, but not through on-street pazking. .030 The parking incentive offered in this section shall not count as one of the incentives applicants are entitled to under Section 18.52.090 (Development Incentives). .040 An applicant may request additional pazking incentives beyond those provided in this section, subject to Section 18.52.090 (Development Incentives). 18.52.080 PROVISION OF CHILD CARE FACILITIES .010 When an applicant proposes to constmct a housing development that conforms to the -°requirements of Section 18.52.030 (Implementation) and includes a child care facility that will Date of Draft: 8/17/2006 52-9 Anaheim Zoning Code Density Bonus and Affordable Rental Housing be located on the premises of, as part of, or adjacent to, the project, the City shall grant either of the following, except as provided in Section 18.52.190 (Findings). .0101 An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the Child Care Facility; or .0102 An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the Child Care Facility. .020 The City shall require, as a condition of approving the housing development, that the following occur: .0201 The child care facility shall remain in operation for a period of time that is as long or longer than the period of time during which the density bonus units are required to remain affordable pursuant to Section 18.52.130 (Density Bonus Standards). .0202 Of the children who attend the child care facility, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or Families of moderate income pursuant to Section 18.52040 (Density Bonus). .030 Notwithstanding any requirement of this subdivision, the City reserves the right to deny a requested density bonus or concession for a child care facility if it finds, based upon substantial. evidence, that the community has adequate child care facilities. 18.52.090 DEVELOPMENT INCENTIVES. .010 An applicant requesting incentives pursuant to Section 18.52.030 (Implementation), shall as a minimum be granted the number of incentives identified in Table 52-F (Number of Incentives by Level of Affordability). Table 52-F NUMBER OF INCENTIVES BY LEVEL OF AFFORDABILITY Percentage of Number of Development Level of Affordability Affordable Units Incentives* At Least 5% 1 Very Low Income At Least 10% 2 At Least 15% 3 At Least 10% 1 Lower Income At Least 20% 2 At Least 30% 3 Moderate Income (for-sale At Least 10% i condominiums or planned At Least 20% 2 develo ments At Least 30% 3 *An additional incentive may be granted if the applicant is proposing a child care facility per [he requirements of Section 18.52.080 (Provision of Child Care Facilities). .020 Affordable Rental Housing Developments that comply with Section 18.52.120 (Affordable Rental Housing Developments) shall be granted, per the applicant's request, any Date of Drafr: 8/ 17/2006 52-] 0 Anaheim Zoning Code Density Bonus and Affordable Ren[af Housing Tier One Incentive. Any Tier One Incentive granted shalt not count towards an applicant's minimum. number of incentives provided in subsection .01.0 above. .030 The need for incentives will vary for different housing developments. The City reserves the right to allow additional incentives. .040 This chapter does not limit or require the provision of direct financial incentives for any proposed. development, including the provision of publicly owned land, by the City, or the waiver of fees or dedication requirements. .0401 Where there is a direct financial contribution to a housing development pursuant to this chapter through participation in cost of infrastructure, write-down of land costs, or subsidizing the cost of construction, the City shall assure continued availability for low- and moderate-income units for thirty (30) yeazs. When appropriate, the agreement shall specify the mechanisms and procedures necessary to carry out this requirement pursuant to Section 18.52.230 (Density Bonus Housing Agreement). .050 Applicants seeking a modification of development or zoning standards shall show that such modifications are necessary to make the housing development economically feasible in accordance with subdivision (f) of California Government Code Section 65915. .060 The City may offer an Equivalent Financial Incentive in lieu of granting. a Density Bonus and an additional incentive(s). The value of the Equivalent Financial Incentive shall equal at least the land cost per dwelling unit savings that would result from the Density Bonus and additional incentive, as supported by an independent analysis of the applicant's property, and must contribute significantly to the economic feasibility of providing the Affordable Units pursuant to this chapter. .070 The granting of an incentive shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval. 18.52.090 .TIER ONE INCENTIVES. .010 The following incentives shall be granted through the Ministerial Review procedures defined in Section 18.52.160 (Application Review): .0101 Increased allowable site coverage to a maximum of ninety percent (90%). .0102 Decreased size for fifty percent (50%) of the required trees from twenty four (24) inch box to fifteen (15) gallon. .0103 Reduction of a required interior lot line setback in conformance with Table 52-G (Setbacks from Interior Property Lines) below. For purposes of this subsection, minimum interior setbacks shall be determined independently for each story of the structure. Each setback reduction requested shall be counted as one incentive towazds the number of incentives granted as specified in Section 18.52.090 (Development Incentives). Date of Draft: 8/17/2006 52-I 1 Anaheim Zoning Code Density Bonus and Affordable Rental Housing Table 52-G FROM INTERIOR PROPERTY LINES Adjacent to Other Two-Stor Structures Prima Window/Exterior Door 30 feet I S feet Seconda Window 15 feet 10 feet Balconies 30 feet IS feet Blank Wall 15 feet 10 feet Minimum Landsca e Setback 5 feet 5 feet Three-Story Structures Prima Window/Exterior Door 35 feet 15 feet Second Window 20 feet 10 feet Balconies 35 feet 15 feet Blank Wall - 20 feet 10 feet Minimum Landsca e Setback 5 feet 5 feet Four-Story Structures* Prima Window/Exterior Door 55 feet 15 feet Seconda Window 45 feet 10 feet Balconies. 55 feet 15 feet Blank Wall 45 feet 10 feet Minimum Landsca e Setback 5 feet 5 feet '~ Four-story structures require Tier Two review and are subject [o a public hearing by the Planning Commission. .0104 Reduction of a required building separation setback in conformance with Table 52-H (Setbacks Between Buildings). If a building is parallel to another building of a different height, the setback for each wall as shown in the following table shall be halved for. each building, and then combined to determine the total setback between the buildings. Each setback reduction requested shall be counted as one incentive towards the number of incentives granted as specified in Section 18.52.090 (Development Incentives). Table 52-H SETBACKS BETWEEN BUILDINGS Two-Story Structures. Primary Window Secondary Window Blank Wall Prima Window 30 feet 20 feet IS feet Seconda Window n/a 15 feet 15 feet Blank Wall n/a n/a 10 feet Date of Draft: 8/I7/2006 52-12 Anaheim Zoning Code Density Bonus. and Affordable Rental Housing Table 52-H SETBACKS BETWEEN BUILDINGS Three-Stor Structures Primary Window Secondary Window Blank Wall Prima Window 40 feet 25 feet 15 feet Seconda Window n/a 15 15 Blank Wall n/a n/a 15 Four-Story Structures* Primary Window Secondary Window Blank Wall Prima Window 50 feet 35 feet 20 feet Seconda Window n/a 25 feet 20 feet Blank Wall n/a n/a 20 feet * Four-story stcuc[ures require Tier Two review and are subject to a public hearing by [he Planning Commission. 18.52.100 TIER TWO INCENTIVES. .010 The following incentives shall be granted through the Public Hearing review procedures defined in Section 18.52.160 (Application Review): .0101. Reduction ofright-of--way dedication or improvements. .0102 Increased maximum building height and/or stories to a height of four (4) stories. .0103 A Density Bonus of more than thirty-five percent (35%). .0105 A decreased parking ratio in addition to the parking ratio permitted under Section 18.52.070 (Parking Ratios). .0105 Approval of mixed use zoning in conjunction with the housing. development if commercial, office; industrial, or other and uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing development and the existing or planned development in the area where the proposed housing development will be located. Applications for density bonus and mixed-use zoning shall be required to submit appropriate applications for reclassification of zoning and general plan amendment for a mixed use designation. .0106 Other regulatory incentives proposed by the applicant or the City that result in identifiable and actual cost reductions or avoidance. 18.52..110 AFFORDABLE RENTAL HOUSING DEVELOPMENTS .010 Affordable Rental Housing Developments are multiple family rental housing projects meeting-the minimum requirements of this section. Affordable Rental Housing Developments shall, at the request of the applicant, be granted any Tier One incentives as specifted in Sections Date of Draft: 8/17/2006 52-13 Anaheim Zoning Code Density Bonus and Affordable Rental 1-lousing ] 8.52.090 (Development Incentives). Such incentives shall. not count towards the minimum number of incentives granted by Section 18.52.090 (Development Incentives). .1.101 The development site shall not be less than one (1) acre, provided that, notwithstanding the foregoing, the Planning Director, in his or her discretion, may permit a project on a smaller development site upon a finding that the project can provide enough units to be financially capable of supporting the cost of Professional On-Site Management; .1102 The development site shall be in a RM-3 or RM-4 Zone and shall comply with the standards of the respective zone unless otherwise set forth in this chapter; .1103 The Affordable Rental Housing Development shall consist of not less than thirty six (36) units, provided that, notwithstanding the foregoing,. the Planning. Director, in his or her discretion,. may permit a project with fewer units to qualify as a Affordable Rental Housing Development upon a Finding that the project is financially capable of supporting the cost of Professional On-Site Management; .1104 Not less than the greater of (a) ten percent (10%) of the total units in the project or (b) five (5) units, shall be restricted as Affordable Units for not less than fifty-five (55) years; .1105 The ratio of each of the one, two, three, four or more bedroom Affordable Units as a percentage of the total Affordable Units shall not be less than the ratio of each of the one, two,. three and four or more bedroom units as a percentage of the total units in the Affordable Rental Housing Development; however, when calculating the ratio of Affordable Units as a percentage of total units, an Affordable Unit with a greater number of bedrooms may be substituted for a unit with fewer bedrooms and this requirement shall be considered met; provided, however, an Affordable Unit with fewer bedrooms may not be substituted for one with more bedrooms. For example, if the ratios for non-affordable units would require that the Affordable Rental Housing Development provide two one-bedroom, two two-bedroom and one three-bedroom Affordable Units, then the applicant may instead provide one one-bedroom, one two-bedroom, and three three-bedroom Affordable Units; .1 I06 The Affordable Units shall be interspersed throughout the Affordable Rental Housing Development; .1107 Occupancy of each unit in the Affordable Rental Housing Development shall not exceed two (2) persons per bedroom plus one (I); .I 108 Not more than thirty percent (30%) of the total units in the Affordable Rental Housing Development shall be one (1) bedroom units, provided that, notwithstanding the forgoing, the Planning Director, in his or her discretion, may permit a project with a greater percentage of one (1) bedroom units if they are targeted for special needs populations; .I 109 Upon completion of the Affordable Rental Housing. Development and prior to occupancy, the owner of the Affordable Rental Housing Development shall provide for Professional On-Site Management of all of the units in the Affordable Rental Housing Development; and .1110 The design of the proposed development shall comply with the guidelines set forth in the Residential Design Guidelines for Affordable Housing Development produced by the - -City of Anaheim, the Anaheim Historic District Preservation Plan and any other applicable Date of Draft: 8/17/2006 52-14 Anaheim Zoning Code Density Bonus and Affordable Rental Housing guidelines adopted by the City from time to time. In the event of a conflict between any of these guidelines and this chapter, the requirements of this chapter shall apply. .020 In determining the Affordable Housing Rent, the household and unit size assumptions shown in Table 52-I (Household and. Unit Size Assumptions for Affordable Rental Housing Developments) shall be used. unless the housing development is subject to different assumptions imposed by other governmental regulations: Table 52-I HOUSEHOLD AND UNIT SIZE ASSUMPTIONS FOR AFFORDABLE RENTAL HOUSING DEVELOPMENTS Unit Size Household Size SRO (residential hotel) unit 75% of 1 person 0 bedroom (studio) 1 person 1 bedroom 2 person 2 bedroom 3 person 3 bedroom 4 person 4 bedroom 6 person. .030 Affordable Units should bebuilt on-site wherever possible and, when practical, be dispersed within the housing development. The design and appearance of the Affordable Units shall be compatible with the design of the total housing development. Except as set forth herein, housing developments shall comply with all applicable development standards. .040 Affordable Rental Housing Developments using the parking ratio of Section (8.51.070 (Parking Ratios) shall be subject to a limitation on the number of vehicles permitted in development, equal to the number of parking spaces provided. Such limitation shall remain in full force and effect for so long. as the Affordable Rental Housing Development is maintained as multiple-family housing, or until the Density Bonus Housing Agreement is terminated by the City. .050 Parking spaces in an Affordable Rental Housing Development shall be used. only for parking operable vehicles. Such limitation shall remain in full force and effect for so long as the Affordable Rental Housing Development is maintained as multiple-family housing or until. the Affordable Housing Agreement is terminated by the City. .060 Circumstances may arise in which the public interest would be served by allowing some or all of the Affordable Units associated with one housing development to be produced and operated at an alternative development site. Where the applicant and the City form such an agreement, the resulting linked developments shall. be considered a single housing development for purposes of this chapter. Under these circumstances, the applicant shall be subject to the same requirements of this chapter for the Affordable Units to be provided on the altemative site. 18.52..130 DENSITY BONUS STANDARDS. ..010, A Density Bonus Housing Agreement shall be required for all housing developments subject to this chapter pursuant to Section 18.52.230 (Density Bonus Housing Agreement). Date of Draft: 8/17/2006 52-15 Anaheim Zoning Code Density Bonus and Affordable Rental Housing .0101 The agreement shall be recorded as a restriction on the parcel or parcels on which the Affordable Units will be constructed. .0102 The agreement shall. be consistent with Section 18.52.230 (Density Bonus Housing Agreement). .0103 The teens of the agreement shall be reviewed, revised and approved by the Director of the Community Development Department. .020 Affordable Units shall be constmcted concurrently with other units unless both the City and the applicant agree within the Density Bonus Housing Agreement to an alternative schedule for development. .030 Affordable Units shall remain restricted and affordable to the designated group for a period of at least 30 yeazs (or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program), notwithstanding the requirements for an Affordable Rental Housing Development subject to Section 18.52.120 (Affordable Rental Housing Developments), for Density Bonus Units that are affordable to Lower Income households or Very Low Income households. Rents for the lower income density bonus units shall be set at an affordable rent as defined in Section 50053 of the Health and Safety Code. Owner-occupied units shall be available at an affordable housing cost as defined in Section 50052.5 of the Health and Safety Code. .040 The initial occupant of Affordable Units in a Common Interest Development that are directly related to the receipt of the Density Bonus shall be offered at an affordable housing cost, as that cost is defined in Section 50052.5 of the health and Safety Code. The City shall enforce an equity-sharing agreement, unless it is in conflict with the requirements of another public funding source or law. The following shall apply to the equity-sharing agreement: .0401 Upon resale, the setter of the unit shall retain the value of any improvements, the downpayment, and the seller's proportionate shaze of appreciation. The local government shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within three years for any of the purposes described in Section 33334.2 of the Health and. Safety Code that promote homeownership. .0402 The City's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any downpayment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial mazket value. .0403 The City's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale: .0404 If applicable, the Density Bonus Housing Agreement shall include the provisions required by Section 65916 of the California Government Code. .050 . If the applicant has applied to construct a housing development that includes a Child Care~Facility, then the Density Bonus Housing Agreement shall include provisions. which require continued compliance with the requirements of of Section 18.52.080 (Provision of Child Care Facilities). Date of Draft: 8/17/2006 52-16 Anaheim Zoning Code Density Bonus and Affordable. Rental Flousing .060 Following execution of the agreement by all parties, the completed Density Bonus Housing Agreement, or memorandum thereof, or, if required by the Density Bonus Housing Agreement, a Declaration of Covenants, Conditions and Restrictions, shall. be recorded on the parcel or parcels designated for the construction of Affordable Units. The recordation shall take place prior to final map approval, or, where a map is not being processed, prior to issuance of building permits for such parcels or units. The Density Bonus Housing Agreement shall be binding on the developer of the housing development and all future owners and successors in interest thereof. 18.52.140 APPROVAL AUTHORITY Applications as specified in Section 18.52.150 (Application Submittals) shall be approved by the City through either a ministerial review by the Planning Director or through a public heazing by the Planning Commission.. Level of review is subject to the following: .010 Planning Director Review. The Planning Director has the approval authority for Density Bonus Applications that are for Density Bonus specified in Sections 18.52.040 (Density Bonus), 18.52.050 (Transfer of Land), and 18.52.060 (Condo Conversion), parking. ratios specified in Section 18.52.070 (Parking Ratios), and for requested incentives from tier one incentives specified in Section 18.52.100 (Tier One Incentives) and in the number specified in Section 18.52.090 (Development Incentives). .020 Planning Commission Review. The Planning Commission shall have the approval authority for Density Bonus Applications that are for Density Bonus specified in Sections 18.52.040 (Density Bonus), 1 &.52.050 (Transfer of Land), and 18.52.060 (Condo Conversion), parking ratios specified in Section 18.52.070 (Parking Ratios), and for requested. incentives that include at least one incentive from the tier two incentives specified in Section 18.52.110 (Tier Two Incentives) and/or in a number greater than specified in Section 18.52.090 (Development Incentives). 18.52.150 APPLICATION SUBMITTALS. .010 An application(s) pursuant to this chapter shall be processed concurrently with any other application(s) required for the housing development, including any that include discretionary land use decisions. Final approval or disapproval of an application (with right of appeal to the City Council) shall be made by the Planning Director, Planning Commission,. or City Council as ptescribed in Section 18.52.140 (Approval Authority), unless direct financial assistance is requested. If direct financial assistance is requested, the Planning Commission shall make a recommendation to the City Council, which will have the authority to make the final decision on the application. .020 Applicants for a Density Bonus Housing Development shall schedule apre- application conference with, and such conference shall be granted by, the Community Development Department to discuss and identify potential application issues, including any additional incentives requested pursuant to Section 18.52.090 (Development Incentives). No chazge-will be required for the pre-application conference. .030 - An applicant proposing a housing development pursuant to this chapter shall submit a Pre-file application to the Planning Department prior to the submittal of a Density Bonus ----Application. An applicant submitting such aPre-file application shall also submit a fee as Date of Draft: 8/17/2006 52-17 Anaheim Zoning Code Density Bonus and Affordable Rental Housing prescribed in Chapter 18.80 (Fees). A Pre-file application shall be filed on forms prescribed by the Planning Director and submittals shall include all required information and identified materials. In addition to the information required on the Pre-file application, the Pre-file application for Density Bonus shall also include: .0301 A brief description of the proposed housing development,. including the total number of units, Affordable Units, and Density Bonus Units proposed; .0302 A description of the parking ratios to be used that will accompany the request; .0304 A list of the incentives requested and a financial analysis (pro forma) for the project describing the incentives requested and why the incentives are necessary to provide the Affordable Units.proposed; and .0305 Other information as may be required by the Community Development Department. .040 Density Bonus Applications and copies of the regulations. and procedures set forth in this chapter shall be made available to the public at City Hall. All completed applications shall be filed with the Planning Department as stipulated in the application. An application shall be filed on forms prescribed by the Planning Director and submittals shall include all required information and identified materials. .050 Upon submission of a Density Bonus Application, the Community Development Department shall conduct a project review and seek to ensure compatibility of the housing development with the existing neighborhood scale and character of development. The Community Development Deparhnent shall make a recommendation to the approval authority regarding design review, any additional or Equivalent Financial Incentives, and other issues associated with the application. .060 Applications for Density Bonus subject to the provisions of this Chapter, shall contain, but not be limited to, the following: .0601 A description of the project; .0602 The type of density bonus applied for as described in Sections 18.52.040 (Density Bonus), .050 (Transfer of Land), and .060 (Condo Conversion); .0603 The pazking ratio requested to apply to the project; .0604 A financial analysis (pro forma), or other financial information satisfactory to the Planning Director or Planning. Commission as applicable; .0605 Environmental documentation, including: .Ol Information that the proposed project has no specific, adverse impact upon health, safety, or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; and .02 Information that the proposed project has no adverse impact on any real property that is listed in the California Register of Historical Resources. ' .0606 Description of each incentive requested; and .0607 Any other information as required by the Planning or Community _..: Development Department. Date of Draft: 8/17/2006 52-IS Anaheim Zoning Code Density Bonus and Affordable Renal 1-lousing .070 In addition to the application, the applicant shall provide, at the time of application, an executed letter of understanding in such form as is reasonably satisfactory to the City acknowledging the basic terms of the Density Bonus Housing Agreement, including the number of Affordable Units required under this chapter, as well as the unit type and Affordable Rent schedule or Affordable Housing Cost, as applicable, for such units. Approval of such letter by the Community Development Department shall be a prerequisite to the Planning Department or Planning Commission undertaking final action. on the application. .080 Applicant. The application may be submitted by the record owner or owners of each property comprising the proposed Development site. .090 Fees. Applications not initiated by the City Housing Authority or Redevelopment Agency shall be accompanied by a filing fee asset forth in Chapter 18.80 (Fees). 18.52.160 APPLICATION REVIEW. .010 Ministerial review: Density bonus applications requesting the number of incentives specified in Section 18.52.090 (Development Incentives) shall be acted upon by the Planning Director. Any decisions on any density bonus, parking ratio request, and/or incentives shall be made in accordance with the provisions of this chapter. .020 Public hearing: Density bonus applications requesting incentives beyond those allowed by Section 18.52.090 (Development Incentives) or those requesting incentives not listed or incentives from tier two incentives in Section 18.52.110 (Tier Two Incentives) shall be acted upon by the Planning Commission. A public hearing shall be held in accordance with the procedure set forth for public hearing in Chapter 18.60 (Procedures). Any decisions on any Density Bonus and/or incentives requested by the applicant shall be made in accordance with the provisions of this chapter. .030 If the applicant has applied to construct a housing development that includes a Child Care Facility, then, as a condition of approval of the housing development, the applicant shall agree to cause the Child Care Facility to (a) remain in operation for a period of time that is as long as or longer than the period. of time during which the Affordable Units are required to remain restricted and affordable to Very Low, Lower and/or Moderate Income Households, as applicable, in accordance with Section 18.52.130 (Density Bonus Standards) hereof; and (b) to include in its attendance a number of children from Very Low, Lower and/or Moderate Income Households, as applicable, equal to or greater than the percentage of Affordable Units restricted to such Very Low, Lower and/or Moderate Income Households, as applicable, required by Sections 18.52.040 (Density Bonus), .050 (Transfer of Land), and .060 (Condo Conversion) hereof. .040 The Community Development Department shall inform the applicant that the requested additional incentives shall be recommended for consideration with the proposed housing development,. or that alternative or modified additional incentives pursuant to Section 18.52.090 (Development Incentives) shall be recommended for consideration in lieu. of the requested incentives or that. such incentives are not appropriate or needed for the proposed housing development. If the Community Development Department recommends altemative or modified'ncentives, the recommendation shall establish how the alternative or modified incentives can be expected to have an equivalent affordability effect as the requested incentives. Date of Dratt: 8/17/2006 52-19 Anaheim Zoning Code Density Bonus and Affordable Rental Housing .050 If the Planning Director or Planning Commission makes any of the findings set forth in Section 18.52.190 (Findings), the written finding shall be provided to the applicant who may within 20 days of the postmarked findings, appeal the decision to the City Council by providing a written request to the City Clerk. 18.52.170 DETERMINATION OF APPLICATION COMPLETENESS. .010 Initial Determination. All applications submitted to the Planning Department will be processed to determine their completeness in accordance with. Section 18.060.050 (Determination of Application Completeness). .020 Determination. After the initial review period, if the application is deemed complete, city staff shall continue to process the request. If the application is incomplete, the applicant shall be informed in writing that additional specified information must be provided. 18.52.180 MODIFICATION OF APPLICATION. An application maybe modified by the applicant. Any prior finding of application completeness may be voided by submittal of a modification. Depending on the type and substance of the modification, the modified application may be distributed. again for completeness review and may require payment of a supplemental application fee. 18.52.190 FINDINGS .010 Applications for Qualified Affordable Housing Developments for Density Bonus pursuant to Sections 18.52.040 (Density Bonus), .050 (Transfer of Land), and .060 (Condo Conversion) and Pazking Ratios pursuant to Section 18.52.070 (Pazking Ratios) shall be approved by the City pursuant to the implementation of a Density Bonus Housing Agreement defined in Section 18.52.230 (Density Bonus Housing Agreement). .020 Review. It is the intent of this chapter that density bonus applications be reviewed by both the Planning Department and the Community Development Department for compliance with the provisions of this chapter, including affordability and design requirements. Applications shall be reviewed by other city departments where appropriate. Such review shall include a review of compliance with this chapter and other city codes, and, for Density Bonus Applications for an Affordable Rental. Housing Development, a review of compliance with the following standards: :0201 That the Affordable Housing Development will be compatible with the scale and character of the existing neighborhood. and nearby land uses. .0202 That the Affordable Housing Development will preserve the integrity and character of the zoning district and the General Plan. .0203 That the Affordable Housing Development will be consistent with design guidelines established for affordable housing and will comply with al! affordability requirements. .030 ~ The City shall approve the request for development incentives and in the number specified in Development Incentive's, Section 18.52.090 (Development Incentives) pursuant to the implementation of a Density Bonus Housing Agreement defined in Section 18.52.230 (Density Bonus Housing Agreement) unless it makes a written finding, based upon substantial --` evidence, of either of the following: Date of Draft: 8/17/2006 52-20 Anaheim Zoning Code Density Bonus and Affordable Rental Housing .0301 That the incentive is not required to provide affordable housing costs or affordable rents; or .0302 That the incentive would have a specific adverse impact upon public health and safety or on the physical environment, or on any real property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to very low, lower, or moderate income households. .040 The City shall approve the request for additional density bonus or incentive for the provision of a childcare facility specified in Section 18.52.080 (Provision of Child Care Facilities) unless it makes a written finding, based upon substantial evidence, of any of the following: .0401 That the additional density bonus or incentive for a child care facility does not significantly contribute to the economic feasibility of the construction of the construction of the child care facility; or .0402 That the additional incentive would have a specific adverse impact upon public health and safety or on the physical environment, or on any real property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. without rendering the development unaffordable to very low, lower, or moderate income households; or 0403 That the community has adequate child care facilities 18.52.200 NOTICE OF APPROVAL OR DENIAL. Not later than ten (10) days after the approval or denial of a Density Bonus Application, the Planning Deparhnent shall prepare and mail to the applicant and property owner a formal written notice of the action. Notwithstanding the foregoing., approval shall. not be effective until applicant executes a Density Bonus Housing Agreement in accordance with Section 18.52.230 (Density Bonus Housing Agreement). 18.52.210 APPEALS. .010 Initiation of appeal. Appeals may be filed by any applicant dissatisfied with any decision made on the application for a Density Bonus Housing Development. .020 Appeal authority. Any appeal of a decision of the approval authority pursuant to Section 18.52.140 (Approval Authority) maybe appealed to the City Council. .030 Application. The application for appeal shall be in writing. and clearly identify the appellant(s) and the reasons for appeal. All appeals shall be filed with the City Clerk. .030 Timeframe. An appeal of a decision of the approval authority must be filed by the applicant within fifteen (15) days from the date indicated on the written notification of the decision made by the approval authority. .040 Fees. Fees shall be paid. as specified in Chapter 18.80 (Fees). .050 Notification and hearing. Appeals of the decision of the approval authority shall be _ subject to the same notification and hearing requirements as specified in Chapter 18.60 (Procedures), except that the date of the public hearing before the City Council shall not exceed Date of Draft: 8/17/2006 52-27 Anaheim Zoning Code Density Bonus and Affordable Rental Housing sixty (60) days following receipt of the written appeal or the election of the City Council to review any action of the approval authority. .060 Revisions after appeal. If revised plans are submitted following appeal of a decision, the Planning Director may require these plans to be submitted to the Planning Commission for review and recommendation prior to City Council consideration. .070 Prior to the City Council public hearing,. an appeal may be withdrawn by the party who filed the appeal provided the withdrawal is submitted in writing to the City Clerk prior to or at the public hearing. However, if more than one party has filed an appeal, all of said parties must withdraw their appeal, otherwise the City Council shall consider the request. If a valid withdrawal is submitted,. the decision of the original approval authority shall stand as the final decision at the end of the original appeal period. 18.52.220 TIME TO EXERCISE ENTITLEMENT.. The approved term to obtain building permits, thereby exercising the entitlement for a Density Bonus Housing Development shall be one (1) year from the date of approval. Such time limitation may be extended as set forth. in Section 18.60.170 (Extension of Time to Exercise Entitlement) by the Planning Director. 18.52.230 DENSITY BONUS HOUSING AGREEMENT. .010 Applicants utilizing this chapter shall enter into a Density Bonus Housing Agreement with the City in accordance with this chapter and in a form and substance acceptable to the City. The terms of the agreement shall be reviewed, revised and approved by the Community Development Department.. .020 The Density Bonus Housing Agreement shall include pravisions which require continued compliance with the applicable requirements of the chapter. .030 If the applicant has applied to construct a housing development that includes a Child Caze Facility, then the Density Bonus Housing Agreement shall include provisions which require continued compliance with the requirements of subsection .030 of Section 18.52.1.60 (Application Review) above. .040 If applicable, the Density Bonus Housing Agreement shall include the provisions required by Section 65916 of the California Government Code. .050 Following execution of the agreement by all parties, the completed Density Bonus Housing Agreement, or memorandum thereof, or, if required by the Density Bonus Housing Agreement, a Declazation of Covenants, Conditions and Restrictions, shall be recorded on the parcel or parcels designated for the construction. of Affordable Units. The recordation shall take place prior to final map approval, or, where a map is not being processed, prior to issuance of building permits for such parcels or units. The Density Bonus Housing. Agreement shall be binding on the developer of the housing development and all future owners and successors in interest thereof .060 The Density Bonus Housing. Agreement, or memorandum thereof, shall be recorded against the development site prior to issuance of building permits for the Density Bonus Housing Development. The agreement shall be binding on all future owners and successors in interest. Date of Draft: 8/17/2006 52-22 Anaheim Zoning Code Density Bonus and Affordable Rental Housing .070 Applicants utilizing this chapter with the option for an Affordable Rental Housing Development shall enter into a Density Bonus Agreement with the City in accordance with this chapter and in a form and substance acceptable to the City. The terms of the agreement shall be reviewed, revised and approved by the Community Development Department. The agreement shall include, but not be limited to, the following: .0701 The Redevelopment Agency of the City of Anaheim and the Anaheim Housing Authority shall be third party beneficiaries of the Affordable Housing Agreement; .0702 The total number of units approved for the Affordable Rental Housing Development, including the number of Affordable Units; .0703 The location, unit sizes (square feet), and number of bedrooms of each of the Affordable Units; .0704 The standards for determining the Affordable Rent for each Affordable Unit; .0705 A term of at least fifty five (55) years; .0706 A description of the density bonus, parking ratio and development incentive(s), if any, being provided by the City; .0707 If the Affordable Rental Housing Development has received a parking ratio pursuant to Section 18.52.070 (Parking Ratios), a plan for parking management, which shall include a map depicting which pazking spaces are reserved and which. are not and shall include procedures for removal of inoperable vehicles and a limitation on the aggregate number of vehicles permitted in the Affordable Rental Housing Development in accordance with subsections .050 and .060 of Section 18.52.120 (Affordable Rental Housing Developments); .0708 The obligation of the owner to provide for Professional On-Site Management of the Affordable Rental Housing Development including maintenance thereof. Professional On- Site Management shall also monitor the use of pazking spaces within the Development to assure that the pazking spaces aze provided, maintained and used in accordance with the terms of the Agreement; .0709 A limitation on occupancy of each unit in the Affordable Rental Housing Development not to exceed more than such number of persons as is equal to the sum of the number of bedrooms in the unit, multiplied by two, plus one; .0710 The obligation of the owner to provide first priority to people who live or work in the City to rent the Affordable Units to the extent permitted by law and the obligation to provide the Anaheim Housing Authority, at initial. lease-up, with a sixty (60) day priority to refer rental applicants under its Section 8 Housing Choice Vouchers Waiting List and its Affordable Housing Waiting List, to the extent permitted by law; .0711 The obligation of the owner to comply with an acceptable written management plan to the Community Development Director setting forth the owner's policies and procedures for renting, managing, maintaining and operating the Affordable Rental Housing Development to assure a healthy and secure living environment for the residents, which is consistent with reasonable business practices and property management standards established in Orange County, California, and which shall be attached to the Agreement; Date of Draft: 8/17/2006 52-23 Anaheim Zoning Code Density Bonus. and Affordable Rental Housing .0712. A description of remedies for breach of the agreement by either party (the City may identify tenants as third party beneficiaries under the agreement); and .0713 Other provisions to ensure implementation and compliance with this chapter, matters addressed in the application, and the Agreement. 18.52.240 CONFLICTS WITH OTHER LAWS. .010 Nothing contained in this chapter shall be deemed to prohibit occupancy by any person of any dwelling unit in an affordable housing project where such prohibition would be in violation of, or conflict with, any provision of State law with which the City of Anaheim is required to conform. In the event of any such conflict, the applicable provision. of State law shall prevail .020 In the event that the provisions of Chapter 4.3 Section 65915 et. seq. of the California Oovemment Code are repealed or changed, the density bonus, parking ratios and deveiopment incentives for Affordable Rental Housing Developments as specified in Section 18.52.120 (Affordable Rental Housing Developments) shall continue to apply. 18.52.250 PENALTY FOR VIOLATIONS. It shall be unlawful for any person to occupy, or for any owner, operator or manager of any affordable housing. project to peanit the occupancy of, any dwelling unit within an affordable housing project in violation of any provision of this chapter. Any such violation shall be a misdemeanor punishable in the manner set forth in Section 1.01.370 (Violations of Code - Penalty) of Chapter LOi (Code Adoption and Construction). Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by any such person and shall be punishable accordingly. The criminal sanctions imposed by this section shall be in addition to any civil remedies, at law or in equity, which aze otherwise available to the City of Anaheim to remedy such violations. Date of Drag: 8/17/2006 52-24 Item No. 5 w I x r-13 Q 1 LW $OOZ Z VAq iO<6$4 GATiERY flI Q gIN6BUfl51(Y INL FACR COMMERCIAL STREET I ALLIEV RUILOIN6 Pfl0°UCTL I CL EtE23 WP1d]B J O , _ Q CUP 366] CERAMIC TILE ~ OILTpI6NfON5 NK1SW whlli ~ m W a a ~4531'dY T I rcn WP]Z95 6UNWE6TMETAL6 n¢~ well a INIenIIO LGI ~nxl a l VAR 10<F1B r-i rav r MIAHEIM TOWING CG I CUP 1136 CUP $OB9 I 0.a9EPi60N5 REAOYIAIK INC. I COUNTRY CITY TOWING WL 6 ~__ ' I LUP 2 WSp6H1 Vgp.10PS01665 (CW $W1.M110) VACANT 6 INO 9LW , I VAR i81S2 VAR 10<Y$ BRIOGFORG FOGOS C°RP I GNW 910 SYETE '.i~ -~.~ Z III NO0. CA BIE O I vnR$Iw 6TEPHAN CHEMICAL I VAR 150 I - APPIIEO POW CONCEPTS JULIAI 9 I vAR 16196 ELELTHAGEAR NLL ]6-$I-50 W LUP 19]1 VAR $1156 F WHEEL I WAREHOUSE ATCHE9ON9 FXPRE9SN a w W. _ ~ s°GiaP my~ Y u CanvnerdeUlntlus4iel (NGTIh Central Aree) Ratl9veb manl Mea __ -~ 1 1EGVN la FAOI ~G9Y¢0~U • °U U u v^" 1e 10 pled ENLH 160 1< G ~vm aalw 4°v yq ~~j, JV' ~ G H ~J `. 1E1 P ~S, 1~m1 ] °V 3VV N .INGUSrwu FlPM9 Z N _ LA PALMA AVENUE ~° m 20U \ U U 1. N 10 yp '/`L tOU v G 10U AGM l , %pU ~ OU10 AVM 6~ ° +~ FpLN ~~nn APT IOU °1 5 10U\OU p' Conditional Use Permit No. 2006-05111 Requested By: NORTH ANAHEIM ASSOCIATES, LLC 1045 North Kemp Street i Subject Property Date: August 21, 2006 Scale: Graphic Q.S. No. 70 ~ooso Staff Report to the Planning Commission August 21, 2006 .Item No. 5 5a. CEQA NEGATIVE DECLARATION 5b. CONDITIONAL USE PERMIT NO. 2006-05111 (Motion for Continuance) SITE LOCATION' AND DESCRIPTION: (1) This irregularly-shaped, 20-acre property has a frontage of 183 feet on the west side of .Kemp Street, a maximum depth of 377 feet and is located 448 feet north of the centerline of La Palma Avenue (1045 North Kemp Street). *Advertised as 1075 North. Kemp Street. REQUEST. (2) The applicant requests approval of a conditional use permit under authority of Code .Section 18.10.030.040.0402 (Telecommunications Ground-Mounted} and 18.38.060 (Telecommunications) to permit a telecommunications facility disguised as a palm tree with accessory ground-mounted equipment in an industrial office park. BACKGROUND: (3) This property is currently under construction for an industrial office park and is zoned. I (Industrial Zone).,The Anaheim General Plan designates this property for Industrial land .:uses. Properties to the north, east,. and a portion of the west are also designated for Industrial land uses; properties to the south and a portion of the west are designated for Mined Use land uses.. (4) This item was continued from the July 24 and August 7, 2006, Planning Commission meeting at the request of the applicant. (5) The applicant has submitted the attached letter dated, August 15, 2006, requesting a continuance to the September 8, 2006, Commission meeting. to allow for time to redesign the proposal RECOMMENDATION: (6) That the Commission, by motion, continue this item to the September 6, 2006, Planning Commission meeting.. srcup2006-05111 klw_cont Page 1 Attachment -Item No. 5 Pram: Brian Malliet [mailto:bmalllet@bkmdevelopment.com] Sent: ?uesday, August 15, 2006 2:39 PM To: Kimberly Wong Cc: APatel@AspenAssoclates.com; Caryn Shuriz; Brian Malliet Subject: RE: New Cell Site -Relocation Kimberly: I am formally requesting a 2 week continuance of the cell site issue. I would also like to meet again to go over all options drafted per your request. What time can we do? Brian K. Malliet Managing Partner bkm Development Company, LLC bmalllet ®bkmdevelooment.com New Contact Info: 3185 Pullman Avenue Costa Mesa, CA 92626 714.557.41A0 P 714.557.4114 P 949.254.7880 C Item No. 6 R~"` ~D~E Conditional Use Permit No. 2006-05119 x xs-2 cN lu p1ANP PVE Rg-2 t~~Ep y DRtve CNE~SE~ 0 7za~i -- Intentto L) RS-2 1 DU EACH ~ ~ ALDEN AVE 17 7 7 T (Res of Intent to L) „ I CUP 7379 y W rv~ _ ~ ~ R L 72 73- ) (Res of Intent to CL CG RCL6E07-07 CUP2005-04979 __ CUP 060 T-VAR 3004-04622 0 VAR 2004-04600 VACANT ~- Q w SOUTH (TREE ~ -135' O ^T ~ c-c tom; m T RCL 654i6d7 LL1 ~ CUP 2006-05118 CUP 2302 (7 ~ CUP 816 (:; tl.l ~ (CUP 2276) ~" ..I VACANT 5.8 4„. RCL6&e070 t..1 CUP2004-04863 CUP 1264 (CUP1103 f- (VAR 1685 Q NEIGHBURHOUO ~ SCENT ER L GG RCL 78-71-22 CUP 2884-048fi3 CUP 1264 NEIGHBORH000 SHOPPING CENTER W W to Q W U) W Requested By: DONALD G. STRENK 700 South State College Boulevard W 5 a Q 2 W = ~ ~ O ~ -- a RS-2 VAR 1885 UQU~ ~ CI W ~ CL 7071-0 a' CI CUP 1173 H r N g VAR 4034 U to a ( ~- RS-2 - ~ ® --T- RS-2 1 DU EP O O V IKING AVE NUE 1 DU EACH h ~//// \ \V\ ~ ~ ~ ~ I 1 I I 1 1 p 1 VAR 1 tl tn' .t ,r~.- Subject Property Date: August 21', 2006 Scale: 1" = 200' Q.S. No. 114 10106 u d a~ K ~mnx d~H a Staff Report to the Planning Commission August 2l, 2006 Item No. 6 6a. CEQA NEGATIVE DECLARATION 6b. WAIVER OF CODE REQUIREMENT 6c. CONDITIONAL USE PERMIT NO. 2006-05119 (Motion for Continuance) SITE LOCATION AND DESCRIPTION: (1) This rectangularly-shaped, 0.46-acre property is located at the southeast corner of State College Boulevard and. South Street, having frontages of 135 feet on the east side of State College Boulevard and 135 feet on the south side of South Street (700 South State College Boulevard). REQUEST: (2) The applicant requests approval of a conditionaF use permit under authority of Code Section Nos. 18.08.030.040.0402 (Commercial Retail Centers} to construct a four (4) unit commercial retail center with waiver of the following: (a) SECTION NO. 18.08.060.010.0101 Minimumlandscaped and structural :setback. 15 feet landscaped required; 4-15 feet proposed) BACKGROUND: (3) The property is currently contains a vacant service station and is zoned C-G (General Commercial). The Anaheim General Plan designates this property and properties to the south and east for Neighborhood Center Commercial land uses and properties to the north fior Low-Medium Density Residential and Low Density Residential land uses and properties to the wesffor Low Density Residential land uses. (4) .Staff has been working with the applicant in addressing the architectural design of the commercial center and has initiated work with an outside architectural consultant to provide feedback regarding the design. As indicated in the attached letter, the applicant acknowledges the need to continue this item to the September 6, 2006, Planning Commission Meeting. RECOMMENDATION: (5} Staff recommends the Planning Commission, continue this item. to the September 6, 2006, Commission meeting for the applicant to work with staff to redesign the project as indicated above. : Srcup2006-05119jpr Page 1 To: Subject: FW: John Ramirez State College & South Attachments: State College & South.pdf Attachment -Item No. 6 From: Tim Saivar [mailto:tim@twlayman.com] Sent: Wednesday, August. 09, 2006 12:52 PM To: John Ramirez Subject: FW: John Ramirez State College & South John we sent you this information on August 3 pursuant to your request we are sending it to you again. I will call you to confirm you received it. Tim Saivar,. AIA TW Layman Associates PH: 818-995-8952 FX: 818-995-8955 Tim@TWLayman.com -----Original Message----- From:. Tim Saivar Sent: Thursday, August 03, 2006 6:50 PM To: 'JPRamirez@anaheim.net' Subject: FW:John Ramirez. State College & South To: John Ramirez, Planning Department Re: State College & South ®ate: Tuesday, August 03, 2006 4:55 PM John Pursuant to our conversation today staff needs additional time to review the fagade design. Please find attached a copy of the elevations and site plan for the staff to use for further review to develop the building design. Last week we forward staff a revised design. We raised the building fagade height at the corner and removed the crossed hatched plaster screeds in the fagade sign band. The parapet molding, wall sconce lighting, the and plaster colors were also been changed. I understand we will need to be rescheduled from the August 20th Planning Commission hearing to the September 6th hearing. I will call you the end of next week to review any comments you may have. We appreciate your assistance, Tim Saivar; AIA TW Layman Associates file:///Hi/REPORTS/Planning%20Commission/08-2 L06.../ATT%20082106/ATT~201%20Continuance%20Request.htm (1 of 2)8/16/2006 3:20:54 AM Item No. 7 a 0 a T CUP 2405 TTM 17019 CENTRALIA C-G ELEMENTARY SCHOOL RCL 2006-00161 RCL 66-67-47 . r ®a ~ m a m ®- ' RCL 63-64-37 CUP 2006-05120 CUP 912 VETERINARY T CUP 3440 CUP 2405 SENIOR CITIZEN APARTMENTS 135 DU West Anaheim 136' VAR 3243 RM-4 RCL 1- 2-( VAR 3585 W Z W RM-4 Q RCL 63-64-19 Z VAR 1596 Q. 31 DU W •- V7 W '~ cG : -,, cL 636a-13 ~n} cuP2seo ~ VAR 2692 ., ECONO- LUfiE I ~ -137 ' - ~- 161 ' -m~ LINCOLN AVE ~ 1 C~ 4G I CUP 270] CUP 1900 RCL 63fi4-131 CUP 822 CUP 3534 1 CUP 3534 CUP 1763 I VAR 2037 Mc GCNALG'S REST. PG CUP 1026 RCL 6Sfi6A6 VqR 2152 CUP21fifi 1 CUP 1622 CARWASH/FiEST . 1 CUP 1d66 RM-4 RCL 84-65-16 VAR 3451 60 DU APTS. VACANT LANO RM-4 _ RCL 73-74-33 cG PcNS6-07 APARTMENTS RCL fit-fit-16 VPR1]ffiS CUP 414 VAR 1726 S CUP 404 CAElOT DR RM-4 RCL 62-63-96 VAR 15fi2 Reclassification No. 2006-00181 Conditional Use Permit No. 2006-05120 Tentative Tract Map No. 17019 Requested By: DRAGOMIR LISAK AND SONJA LISAK 3211 West Lincoln Avenue 191os POLK GG mm 4m -®--~ RCL 63fi4-9 [7e~ ~~m CUP 165fi tiu~ o!nQ UU U> rc ¢ CUP 2010 TIRE CENTER ~.®d C-G VAR 123E RCL 57-5539 qp~ g~ ; T-CUP 2004-04911 pCN 97-1 T-CUP2002-04566 (RCL 58-59 T-CUP 2002-04564 (CUP 300 CUP 2002-04547 (CUP 292 CUP 2001-04440 (CUP40:. T-CUP 2000-04209 (CUP 66 CUP 4114 CUP 3989 AI VAR 3784 SHC _ 2M-4 APART 84-8513 ENT R zado d7 I I s, Subject Property Date: August 21, 2008 Scale: 1" = 200' Q.S. No. 4 Reclassification No. 2006-001:81 Conditional Use Permit No. 2006-05120 Tentative Tract Map No. 17019 Requested By: DRAGOMIR LISAK AND SONJA LISAK 3211 West Lincoln Avenue r / f Dafe ofAedal Photo: JuN 2005 Subject Property Date: August 21, 2006 Scale: 1" = 200' Q.S. No. 4 10105 Staff Report to the Planning Commission August 21', 2006 Item No. 7 7a. CEQA NEGATIVE DECLARATION (Motion) 7b. 'RECLASSIFICATION N0. 2006-00181 "{Resolution) 7c. CONDITIONACUSE PERMIT N0. 2006-05120 {Resolution). 7d. TENTATIVE TRACT MAP N0. 17019 (Motion) SITE LOCATION AND DESCRIPTION: (1) .This rectangularly-shaped, b.43-acre property has a frontage of 137 feet on the north side of Lincoln Avenue, a maximum depth of 135 feet, and is located 161' feet west of the centerline of Western Avenue (3211 West Lincoln Avenue). REQUEST: (2) The applicant requests. approval of the following: (a) Reclassification No. 2006-00181- to reclassify the property from the C-G (General Commercial) zone to the RM-3 (Multiple-Family„Residential,) zone, or less intense zone:' (b) Conditional Use Permit No.2006-05120- to construct a 6-unit attached single-family residential condominium complex under authority of Code Section Nos. 18.06;030.040.0402 (Dwellings -Single-Family Attached) and 18.05.160. (c) Tentative Tract Map No, 17019 - to establish a 1-lot, 6-unit airspace attached residential condominium subdivision. BACKGROUND: (3) Thls property is developed with an animal hospital and is zonetl C-G (General Commercial) and is located in the Merged. Redevelopment Project Area. The Anaheim General Plan designates this property and properties to the north, south, and east for Low-Medium Density Residential land uses, and properties to the west for Medium Density Residential Jahd uses. PREVIOUS ZONING ACTIONS: (4) The following zoning action pertains to this property: (a) Conditional Use Permit No. 912 (to establish an animal hospital) was approved by the Planning Commission on January 16, 1967. This permit is ho longer necessary and. staff has included a condition of approval ~equiringlerminatidn of this entitlement. DEVELOPMENT PROPOSAL: '(5) The applicant is requesting reclassification of the property from the C-G zone to the RM-3 zone in connection with a conditional use permit and tentative tract map to construct a one lot, 6-unit attached single family residential condominium subdivision. The site plan (Exhibit No. 1) and. tentative tract map indicate the following site characteristics: CUP05120 PC082106 SRJR Page 1 StafF Report to the Planning Commission .August 21, 2006 Item No. 7 Development Stahdards Proposed Project RM•3 Zone Standards - Site Area after dedication 0.41 acres 17,949 s.f. N/A Number of Dwellin Units 6 dwellin units 7 units mazimom Avera a Land Area er Unit :2,991 s.f. 2,400 s.f. minimum Lot Covera a 33.0% 45% maximum Avg. Rec/Leisure Area per DU 401 s.f. per unit (2,409 s.f. total) 350 s.f. per unit (2,100 s.f. total) (6) The site plan (Exhibit No. 1) and tentative map indicate the following setbacks: Direction ~ °ProposedStructuraland Code=Required Adjace~tzoning,; ~; Landscaped Setbacks ~ .. ~~ Structural Setbacks _~;, °;~ RIIA-3 '' ~ North (adjacent to 10 feet structural (1s floor) 10 feet structural (1s floor) RM-4 multiple-family 10.13 feet structural (2n° floor)* 15 feet structural (2"d floor) residences) ' 5 feet lahdsca ed 5 feetlandsca ed East (adjacent to 10 feet structural (1 s floor) 10 feet structural (1 s floor) C-G commerciaq 15 feet structural (2nd floor) ; 15 feet structural (2"d floor) 5feetlandsca ed 5feetlahdsca ed South. (adjacent to 20 feefstructural 20 feet average structural N/A Lincoln Avenue) 20 feet landscaped 20 feet average .landsca ed West (adjacent to 90 feet structural (1` floor) 10 feet structural (1s_flgor) RM-4 multiple-family 18 feet structural (2"d floor) 15 feet structural (2nd floor) residences) 5 feet landsca ed 5 feet landsca ed 'Modification to standards is allowed in order to achieve good project design; privacy, livability, and cpmpatlbility with surrounding uses. (7) She site plan further indicates an existing 6-foot high block wall along the west property `Ijne, and. proposed six (6) and eight (8) foot high walls along the north ahd east property lines, respectively: Concrete brick pavers or colo~edlstamped concrete would be incorporated into the driveway entry as a decorative treatment. Code permits maximum three (3) foot high fences within the required street setback and a maximum height of six feet within alt. other required setbacks. Code further requires a decorative masonry wall eight feet in height where a residential property abuts a commercial. property. (8) Vehicular access would beprovided vta aprivate drive from Lincoln Avenue. The siteplan proposes 18 parking spaces wtthin the subdivision,'with twc (2) spaces within a garage for each unit and six (6) uncovered. spaces.: 'Code requires a total of 18 parking spaces based on the requirement of three (3) spaces fora 3-bedroom unit (3 x 6 units = 18 spaces). Of the 18 required parking. spaces, two (2) are required visitor spaces (0.25spaces x 6 units). The applicant does notpropose any gates across the entry to the private drive. (9) The floor,plans (Exhibit Nos.2 and 3,) indicate 2-story units consisting of an attached two- car garage, living room, nook, kitchen, and powder room on the first floor. The second floor would contain three bedrooms and two bathrooms, a small outdoor balcony off the master bedroom (for all but one unit), and a laundry area, summarized as follows: Page 2 Staff Report to the Planning Commission August 21, 2006 Item No. 7 "rte ~ ,~ ,~ .;ter ~ ~ ~~ ~~ . ,.::: 6UILDIN6#1 LINCOLN AVE-SOUTH ELEVATION BUILDING#2 .w~+r.y Elevationsas eenfromLincolnAvenue_ (10) Elevation drawings and colored renderings (Exhibit Nos. 2, 3, and 5) indicate slight variations to basically one elevation design for the two;proposed buildings. Plans indicate .that the buildings would be 26 feet, 2 inches high with a total df two stories. Elevation ; drawings indicate concrete the roofs, stucco finished exterior walls with the use of stone veneer, wood shutters, and decorative stucco articulation around the windows and doors. Primary entryways would be located underneath a secondary roof. An arched recessed !walkway would frame the,pedestrian entryway into the center units of Building 2. The building elevations facing Lincoln Avenue would Include the use of wood shutters, decorative foam around the windows and,doprs, decorative wood trellis, wood siding, and stone veneer. The color and materials board indicates the buildings would contain two color schemes. Building 1 would consist of a peach stucco color and terracotta accents, with Aspen stone veneer and Mahogany wood shutters. Building 2 would consist of a blue/gray stucco color and with river rock veneer. (11) The conceptual landscape plan (Exhibit No. 4) indicates seven (7) 24 inch box size Gold .Medallion trees, assorted shrubs. and ground cover, and sod tote planted along Lincoln Avenue. Code requires a minimum of 1 tree (24 inch box size) per 20 lineal feet of frontage for a total of 7 trees. The plan also indicates flue (5) Bronze Loquat trees (24-inch box size), and five (5) Queen Palms (15-gallon size) and associated ground cover within parking lot landscaping at the rear of the property. An assortment of shrubs and ground cover would also be planted along the perimeter of the property within the minimum. required five-foot wide lahdscapesetback areas along the east, west, and north propertylines. The plan also shows small planter boxes located between the garage door entrances along the private tlrive adjacent to Building 2, as well as landscaping along the perimeter of the building Page 3 .Staff Report to the Planning Commission August 21, 2006 Item No. 7 urrouhding the entrances and outdoor patio areas. Staff has included a conditioh of approval requiring hat all trees`be a minimum of 24-inch box in size or a minimum brown trunk height of 8-10 feet :Staff has also,included a condition of approval requiring a detailed landscape. plan reflecting the proposed planting of shrubs and ground cover to ensure the density of planting commensurate with other recently approved projects and incorporates a layered landscape theme. ENVIRONMENTAL IMPACT ANALYSIS: (12) ...Staff has reviewed the proposal and. the Initial Study (a copy of which is available for review in the Planning Department) and finds no significant environmental impact and, therefore, recommends that a Negative Declaration be approved upon a finding by the Planning `Commission that theNegative Declaration reflects the independent judgment of the lead agency; and that it has considered the proposed. Negative Declaration together with any , comments received during the public review process and further finding on the basis of the :.Initial Stutly and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. EVALUATION: (13) The Anaheim General. Plan Land Use Element designates this property for Low-Medium `Density Residential land uses, with a density range of 0 to 18 dwelling units peCacre. The `applicant proposes a reclassification of the property from the C-G zone to the RM-3 zone,. to construct 6 attached single family condominium dwelling units at a densitybf 13.6 dwelling units per acre. The proposed development would be compatible with the existing residential developments to the north and west (multiple-family residences zoned 12M-4). The project is also consistent with the density of the Low-Medium Density Residential land use designation fog the site. (14) The projecfsite contains parcels identified as a portion of Site Ho. 19 of the West Anaheim 'Area within the Housing Element w1tKa density range of up o 18 units peracre. Based on "4his density, the site could accommodate a maximum of 7,units; and a total of 6 units are planned: Thus, the proposed reclassification from a commercial to multiple-family residehtial zone would result in an increase ih the City'sfiousing stock and would be `consistenfwith the goals and policies contained in the Housing Element. > (15) Attached single family residences are permitted in the RM-3 Zone subject to the approval of a conditiohal use permit under authority of Code Section 18.06.160 pertaining to residential planned unit developments. (16) .Modification to development standards, including minimum lot. width, minimum floor area, maximum site coverage, setbacks, and minimum size of recreational-leisure areas are allowed in order to achieve a good project design, privacy, livability, and compatibility with 'surrounding uses as outlined in Code Section 18.06.160. Before the Planning Commission approves these modifications, it shall make the following findings: (i) The uses within. the project are compatible; Page 4 ana prryace _ __ garages -,~~ ,, ,a ~ ,,;, , ~ " ~,F 3211 West r~ h#. . W ~~~'- ~~ Lincoln Avenne ~,-. r ~. , r y d~u. .~ e.5 ~~ F9 '-a4 ~ ~..,e,v m" ik; .: -w .. 5.. .~.. .ems fez ~ ."er .1 ,g1 _.Y l ~ ~. Staff Report to the Planning Commission August 21, 2006 Item No. 7 (17) A setback modification is requested for setback adjacent to the north propertyline; 15 feet is required and 10-13 feet is proposed. Staff believes that this modification would be .justified in this casesince the amount of recreational space exceeds Code requirements, enhanced private yard areas are being provided, and the site design, architecture, landscaping, and window arrangement achieves the intent. ofthese development standards (no windows opening into bedroom areas along this elevation). As reflected in the aerial above, the proposed setbacks would not negatively impact the adjacent multiple family residential project to the north (where a 26-foot wide drive aisle abuts this property). To maximize the efficiency of the site, code requtred setbacks are provided where it is most important, with the deviation proposed where appropriate.' Overall, the proposed project would be compatible with existing and surrounding land uses,and this modification from the "Code allowed under the Planned Unit Development Ordinance (Chapter 113.06) would achieve a good project designed to preserve and enhance the neighbofiood in a manner `that is compatible in scale, mass and bulk with existing buildings in the area and consistent with the design guidelines for the area. Therefore; staff recommends aooroval of the modification,. as conditioned. (18) Staff has included standard conditions of approval relating to landscapedesign!and maintenance and review of detailed final elevation plans to incorporate more varied materials oh the portions of the east elevation that is visible from Western Avenue. Staff supports the project, subject to the cohditions contained in the draft resolution. (19) Staff has not received any public input from neighbors with regard to this project. Records indicate no open community preservation activity pertaining to;this property. FINDINGS: (20) Before the Planning Commission grants any conditional use permit, It must make a finding of fact that the evidence presented shows that all of the following conditions exist: (a) That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code, oois an unlisted use'as defined in Subsection .030 (Unlisted Uses Permitted) of Section 18.66.040 (Approved Authority); (b) That the proposed use will not adversely affect the adjoining lahd uses or the growth. and development of the area in which it is proposed to be located; (c) That the size and shape bf the siteproposed for the use is adequate to allow the full development of the proposed use ih a manner not detrimental to the particular area or to the health and safety; (d) That the trafficgenerated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and (e) That the granting of the conditionatuse permit under the conditions imposed, will not be detrimehtal to thehealth and safety of the citizens bf the City of Anaheim. (21) 'The State Subdivision Map Act (Government Code, Section 66473.5} makes it mandatory - to include in alt motions approving; or recommending approval of a tract map, a specific Page 6 Staff Report to the Planning Commission August 21, 2006 Item No. 7 finding that the proposed Subdivision together with its. design and improvement is consistent with the City's General Plan. Further, the law requires that the Commission make any of the following findings when denying or recommending denial of a tract map: 1. That the proposed map is not consistent with applicable General and Specific .Plans. 2. That the design or improvement of the proposed subdivision is not consistent with applicable General and Specific Plans. 3. That the site is not physically suitable for the type of development. 4. That the site is not physically suitable for the proposed density of development. 5. That the design of the subdivision or the proposed improvements are likely to cause substantial environments(damage or substantially and avoidably injure fish or wildlife br their habitat. 6. That the design of the subdivision or the type of improvements is likely to cause serious public health problems. 7. That the designpf the subdivision or the type of improvements will conflict with easemehts, acquired by the public at large, for access through or use ofproperty within the proposed subdivision." -RECOMMENDATION: (22) Staff recommends that, unless additional or contrary information is received during the meeting, and based upon the evidence submitted to the Planning Commission, including he evidence presented in this staff report, and oral and written evidence presented at the .public hearing, the Planning Commission take the following actions: {a) By motion, approve a Negative Declaration for the project. (b} By resolution, approve Reclassification No. 2006-00181 to reclassify the property from the C-G zone to the RM-3 zone, by adopting the attached resolution including the findings and. conditions contained therein. (c) By resolution, approve Conditional Use Permit No. 2006-05120 to construct a 6-unit attached single family residential condominium complexby adopting the attached resolution including the findings and conditions contained therein. (d) By motion, approve Tentative Tract Map No. 1701.9 to establish a 1-lot, 6-unit attached residential condominium subdivision based upon the attached conditions of approval and the findings that the design and improvement of the subdivision are consistent with the Generat Plan, and the site is physically suitable for the type and density of the proposed development. Page 7 [~~'~'~ RESOLUTION NO. PC2006-"` A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 2006-00181 BE GRANTED (3211 WEST LINCOLN AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified petition far Reclassification for real property situated in the City of Anaheim, County of Orange, State of California, described as follows: THE NORTH 135>00 FEET OF THE SOUTH. 175.00 FEET, MEASURED AT RIGHT ANGLES, OF THAT PORTION OF THE SOUTHEAST Y. OF THE SOUTHWEST Y< OF SECTION 11, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY OF ORANGE OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST'/< OF THE SOUTHWEST '/. THENCE SOUTH 89° 42' 10" WEST 297.69 FEET ALONG THE SOUTH LINE OF SAID SOUTHWEST'/. TO THE SOUTHWEST CORNER OF THE LAND CONVEYED TO J. K. DOYLE AND WIFE, BY DEED RECORDED APRIL 21, 1953 IN BOOK 2490, PAGE 157, OFFICIAL RECORDS; THENCE NORTH 3° OS' 35" WEST 216.59 FEET ALONG THE WEST LINE OF SAID LAND CONVEYED TO DOYLE TO AN ANGLE POINT THEREIN; THENCE NORTH 0° 29' 31" WEST 144.02 FEET ALONG SAID WEST LINE TO AN ANGLE POINT THEREIN; THENCE NORTH 89° '41' S5" EAST 309.06 FEET TO A POINT IN THE EAST LINE OF SAID SOUTHEAST Y< OF THE SOUTHWEST'/, NORTH 0° 14' S0" WEST 360.28 FEET FROM THE POINT OF BEGINNING; THENCE SOUTH. 0° 14' 50" EAST 36028 FEET TO SAID POINT OF BEGINNING. EXCEPT THE EAST 163.00 FEET THEREOF, MEASURED AT RIGHT ANGLES FROM THE EASTERLY LINE THEREOF, SAID LAND IS SHOWN ON A MAP FILED FOR RECORD IN BOOK 67, PAGE 28 OF RECORD OF SURVEYS, IN .THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 21, 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 "Procedures", to hear and consider evidence for and against said proposed reclassification 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 applicant proposes reclassification of subject property from the C-G (General Commercial) zone to the RM-3 (Multiple-Family Residential), or less intense zone. 2. That the Anaheim General Plan designates this property and the properties to the north, west, and east for Low-Medium Density Residential land uses. The RM-3 zone is a typical. implementation zone for this land use designation and the proposed reclassification would result in an increase in the City's housing stock and would be consistent with the goals and policies contained in the Housing Element. 3. _; That the proposed reclasslfication of subject property is necessary and/or desirable for the orderly and proper development of the community. CR\PC2006-0 -1- PC2006- 4. That the proposed reclassification of subject property does properly relate to the zones and their permitted uses locally established in close proximity to subject property and to the zones and their permitted uses generally established throughout the community. 5. That *'* indicated their presence at said public hearing in opposition; and that no correspondence was received: in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that. there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to exclude the above-described property from the C-G (General Commercial) Zone and to incorporate said described property into the RM-3 (Multiple-Family Residential) Zone upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of subject property in order to preserve the health and safety of the Citizens of the City of Anaheim: 1. That prior to introduction of an ordinance rezoning subject property, a preliminary title report shall be furnished to the Planning Services Division showing the legal vesting of title, a legal description and containing a map of the property. 2. That prior to placement of an ordinance rezoning subject property on an agenda for City Council consideration, Condition No. 1,above-mentioned, shall. be completed.: The City Council may approve or disapprove a zoning ordinance at its discretion. If the ordinance is disapproved, the procedure set forth in Anaheim Municipal Code Section 18.60.140 shall apply. The provisions or rights granted by this resolution. shall become null and void by action of the Planning Commission unless said. conditions are complied with within one (1) year from the date of this resolution, or such further time as the Planning Commission may grant. 3. That completion of these reclassification proceedings is contingent upon approval of Conditional Use Permit No. 2006-05120 and Tentative Tract Map No. 17019. 4. 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 this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject property; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole discretion. 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 conditions, 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. -2- PC2006- 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 August 21, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" 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, ANAHEIM PLANNING COMMISSION ATTEST: 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 August 21, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2006. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION. _3_ PC2006- RESOLUTION NO. PC2006-"` A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR. CONDITIONAL USE PERMIT NO. 2006-05120 BE GRANTED (3211 WEST LINCOLN AVENUE) WHEREAS, the Anaheim Planning 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 ax THE NORTH 135.00 FEET OF THE SOUTH' 175.00 FEET, MEASURED AT RIGHT ANGLES, OF THAT PORTION OF THE SOUTHEAST '/, OF THE SOUTHWEST '/, OF SECTION 11, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY OF ORANGE OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST'/. OF THE SOUTHWEST'/. THENCE SOUTH 89° 42' 10" WEST 297.69 FEET ALONG THE SOUTH LINE OF SAID SOUTHWEST % TO THE SOUTHWEST CORNER OF THE LAND CONVEYED TO J. K. DOYLE AND WIFE, BY DEED RECORDED APRIL 21, 1953 IN BOOK 2490, PAGE 157, OFFICIAL RECORDS; THENCE NORTH 3° OS' 35"WEST 216.59 FEET ALONG THE WEST LINE OF SAID LAND CONVEYED TO DOYLE TO AN ANGLE POINT THEREIN; THENCE NORTH 0° 29' 31" WEST 144.02 FEET ALONG SAID WEST LINE TO AN ANGLE POINT THEREIN; THENCE NORTH 89° 41' 55" EAST 309.06 FEET TO A POINT IN THE EAST LINE OF SAID SOUTHEAST Y, OF THE SOUTHWEST Y. NORTH 0° 14' 50" WEST 360.28 FEET FROM THE POINT OF BEGINNING; THENCE SOUTH. 0° 14' S0" EAST 360.28 FEET TO SAID POINT OF BEGINNING. EXCEPT THE EAST 163.00 FEET THEREOF, MEASURED AT RIGHT ANGLES FROM THE EASTERLY LINE THEREOF, SAID LAND IS SHOWN ON A MAP FILED FOR RECORD IN BOOK 67, PAGE 28 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim. on August 21', 2006, at 2:30 p.m., notice of said public hearing having been duly given as required bylaw 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 6-unit attached single-family residential condominium complex is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section Nos. 18.06.030.040.0402 (Dwellings -Single-Family Attached) and 18.06.160. 2. That the proposed use will. not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed. to be located because the proposed project is compatible with existing and surrounding land uses and that the minor deviations from the Code as provided in Section 18.06.160 would achieve a well designed and livable project, in a manner that is compatible and consistent with surrounding land uses. Cr\PC2006-0 -1- PC2006- 3. That the proposed use would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed because the size and shape of the site for the project is adequate to allow the full development of the proposed. use in a manner not detrimental to the particular area 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the project would be implementing: the Low-Medium Density Residential land use designation. of the General Plan. This designation was environmentally analyzed as part of the environmental review process required by the California Environmental Quality Act (CEQA) performed as part of the General Plan Update approved by the City Council on May 25, 2004. 5. That the granting of the conditional use permit under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim. 6. That **` 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 the Anaheim Planning Commission has reviewed the proposal; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial. evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That roll-up garage doors shall be shown on plans submitted for building permits. Said doors shall be installed and maintained as shown on submitted plans. 2. That final landscape and fencing plans in compliance with Zoning Code requirements 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 on all walls visible from the public right-of-way and within landscaped setbacks. The landscape material. selected shall be appropriate to the width of the planter area. Any decision made by the Planning Department regarding said plan may be appealed to the Planning Commission as a Reports and Recommendations item. 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. 3. That all. air-conditioning facilities and other ground-mounted equipment shall be properly shielded from view and the sound buffered from adjacent residential properties. Such information shall be specifically shown on the plans submitted for building permits. 4. That all plumbing or other similar pipes and fixtures located on the exterior of the building 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. 5. 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 discovery. -2- PC2006- 6. That this Conditional Use Permit is granted subject to the approval of Reclassification No. 2006- 00181, and approval and recordation of Tentative Tract Map No. 17019, now pending. 7. 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. 8. That street lights shall be installed along Lincoln Avenue and a bond posted to guarantee that the lights are installed as approved by the Electrical Engineering Division. The street lights shall be installed prior to final building and zoning inspections. Said information shalt be specifically shown on plans submitted for building permits. 9. 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, access points, etc.) and shall be subject to the review and. approval of the appropriate City departments. 10. That any required relocation of City electrical facilities shall be at the developer's expense. That landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be shown on plans submitted for building permits. ' 11. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 12. That gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic in the adjacent public street. That if gates are proposed, such installation shall conform to Engineering Standard Plan No. 475 and shall be subject to the review and approval of the City Traffic and Transportation Manager. Said information shall be specifically shown on plans submitted for building permits. 13. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval of wall and fence locations to determine conformance with Engineering Standard No. 115. 14. That the owner shall be responsible for the relocation/removal of any traffic signal equipment or any other related equipment in the event. that street widening or the new driveway entry conflict with existing equipment. 15. That a written Solid Waste Management Plan shall be submitted to the Public Works Department, Streets and Sanitation Division. Said program shall include Information on the following: a detailed, scaled site plan showing the storage and collection areas for automated trash barrels for each unit, the location of any trash enclosure with enclosure details drawings, and truck access. 16. That the developer shall submit grading plans to the Public Works Department, Development Services Division and post a bond to guarantee that the street improvements are constructed as approved by the City Engineer. The. improvements shall be wnstructed prior to final building and zoning inspections. 17. 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 be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback areas in a manner fully screened from all public streets and alleys. Said information shall be shown on plans and approved by Water Engineering and Cross Connection Control Inspector before submittal for building permits. -3- PG2006- 18. 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 No. 5349 and Chapter 10.19 of the Anaheim Municipal Code. Said information shalt be shown on plans submitted for building permits. 19. 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 Water Engineering Division of the Anaheim Public Utilities Department. 20. That water improvement plans shalt be submitted to the Water Engineering Division for approval and a performance bond in the amount approved by the City Engineer and City Attorney shall be posted with the City of Anaheim. That the water improvement plans shall indicate a minimum clearance of five (5) feet from the water main to the curb and gutter and a minimum clearance of ten (10) feet from the water main. to the sewer line. 21. 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. 22. That a master water meter shall be installed on Lincoln Avenue. The master meter shall be above ground on private property with an easement five-foot around the meter pad and the backflow device shall be behind the building setback line and maintained by the property owner/homeowners association. Said information shall be specifically shown on plans submitted for building permits. 23. That final detailed elevation plans including colors and materials shall be submitted to the Planning ServicesDivisionfor review and approval. Any decision by staff regarding said plans maybe appealed to the Planning Commission as a "Reports and Recommendations" item. 24. That the developer shall submit a landscaping and irrigation plan to the Public Works Department, Development Services Division to improve Lincoln Avenue. The parkway irrigation shalk be connected to the on-site irrigation system and maintained by the property owner. ARight-of-Way Constmction Pennik shall be obtained from the Development Services Division for all work performed in the right-of-way. The improvements shall be constructed prior to final building and zoning inspections. 25. That the owner shall submit a request for termination of Conditional Use Permit No. 912 (to establish an animal hospital) since this permit is no longer necessary. 26. 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 Controf BMPs as defined. ih the DAMP. ® Describes the Icng-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. -4- PC2006- 27. That prior to issuance of certificate of occupancy, the applicant shall: m Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed. in conformance with. approved plans and specifications. a Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP m Demonstrate that an adequate number of copies of the approved Project WOMP are available onsite. o Submit for review and approval by the City an Operation: and Maintenance Plan for all structural BMPs. 28. That prior to issuance of the first building permit, excluding model homes, 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 (Subdivision Map Act, Section 66499.40). 29. That since the site is located within a liquefaction zone on a Seismic Hazard Map issued by the State of California Divisions of Mines and Geology (DMG), the developer must submit a geotechnical report that meets the requirements fora "Screening Investigation for Liquefaction Potential" as identified in DMG special publication 117 "Guidelines for Evaluating and Mitigating Seismic Hazards in Califomia" prior to grading plan approval. Please note that if the findings of the screening investigation cannot demonstrate the absence of liquefaction hazards, then the comprehensive quantitative evaluation must be conducted to develop mitigation. recommendations to effectively reduce the hazard to an acceptable level. 30. That the developer shall submit. a cash payment in an amount determined by the City Engineer to be sufficient to pay for the required street improvements along Lincoln. Avenue. The cash payment shall be paid to the Public Works Department, Development Services Division prior to issuance of a building permit.. 31. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos.. 1 through 5, and as conditioned herein. 32. That prior to approval of a grading plan, Condition Nos. 17, 26 and 29, above-mentioned, shall be complied with. 33. 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, 6, 8, 9, 12, 13, 15, 17, 18, 22, 23, 24, 25, 28 and 30, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal. 34. That prior to final building and zoning inspections, Condition Nos. 8, 16, 17, 20, 21, 24, 27 and 31, above-mentioned, shall be compliedwith. 35. 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. 36. 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 (ill) the applicant has demonstrated significant progress. toward establishment of the use or `approved development. -5- PC2006- 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 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 August 21, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 16.60, "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, ANAHEIM PLANNING COMMISSION ATTEST: 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 August 21, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN W ITNESS W HEREOF, I have hereunto set my hand this day of _, 2006. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -6- PC2006- City of Anaheim I[~iLAI~dIVII'VG ~EPA~2'~'jil~~I~I`1<' August 21, 2006 Dragomir Lisak and Sonja Lisak 3211 West Lincoln Avenue Anaheim, CA 92804 Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of August 21, 2006, 7a. CEQA NEGATIVE DECLARATION 7b. RECLASSIFICATION NO. 2006-00181 7c. CONDITIONAL USE PERMIT N0.2006-05120 7d. TENTATIVE TRACT MAP NO. 17D19 Owner:. Dragomir Lisak and Sonja Lisak, 3211 West Lincoln Avenue, Anaheim, CA 92804 Agent: Mahendra Desai, Desai Construction, 2040 South. Santa Cruz Street, Suite 115, Anaheim, CA 92805 Location: 3211 West Lincoln Avenue: Property is approximately 0.44-acre, having frontages of 137 feet on the north side of Lincoln Avenue and is located 161 feet west of the centerline of Western Avenue. Reclassification No. 2006-00181 -Request reclassification of the subject property from the C-G (General Commercial) zone to the RM-3 (Multiple-Family Residential) zone, or a less intense zone. Conditional Use Permit No. 2006-05120 -Request to construct. a 6-unit attached single-family residential condominium complex. Tentative Tract Map No. 17019 -To establish a 1-lot, 6-unit airspace attached residential condominium. subdivision. www.anaheim.net ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission has reviewed the proposal to establish a 1-lot, 6-unit airspace attached residential condominium subdivision and does hereby approve the Negative Declaration upon a finding that the declaration reflects the independent judgment of the lead agency; and. that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis. of the Initial Study and comments received that there is no substantial evidence that the project will have a sign cant effect on the environment. "Commissioner XJOC offered a motion, seconded by Commissioner XJOC and MOTION CARRIED, that the Anaheim Planning Commission does hereby determine that the proposed tentative map, including its design and improvements, is consistent with the Anaheim General Plan, and does therefore approve Tentative Tract Map No. 17019, to establish a 1-lot, 6-unit airspace attached residential. condominium subdivision. subject to the following conditions: 200 South Anaheim Ooulevard P.0. Box 3222 Anaheim, California 92603 TEL (774)765-5139 1. That 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 (Subdivision Map Act, Section 66499.40). 2. The legal property owner shall execute a Subdivision Agreement, in a form approved by the City Attorney, to complete the required public improvements at the legal property owner's expense. Said agreement shall be submitted to the Public Works Department, Subdivision Section approved by the City Attorney and City Engineer and then recorded concurrently with the final parcel. map. 3. The vehicular access rights to Lincoln Avenue, except at the street opening, shall be released and relinquished to the City of Anaheim. 4. That the access drive, sanitary sewer and storm drain within the development shall be privately maintained. Improvement plans for the sanitary sewer, and private drainage system shall be submitted to the Public Works Department, Development Services Division cdncurrently with the final map. 5. Prior to final map approval, the City of Anaheim sewer connection fee shalt be paid. The fee is currently $350/acre. 6. That prior to issuance of the first building permit, excluding model homes, 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 .(Subdivision. Map Act, Section 66499.40). 7. .That prior to approval of the final map, a maintenance covenant, shall be submitted to the Subdivision Section and approved by the City Attorney's office. The covenant shall include provisions for maintenance of private facilities, including landscape and building maintenance, compliance with approved Water Quality Management Plan, and a maintenance exhibit. The covenant shall be recorded concurrently with the final map. 8. The property owner shall irrevocably offer to dedicate to the City of Anaheim, on the final map, easement 60-feet in width from the centerline of Lincoln Avenue for road, public utility and other public purposes. 9. That prior to final map approval, all units shall be assigned street addresses off of Lincoln Avenue by the Building Division. 10. That approval of this tract map is granted subject to the approval of Reclassification No. 2006-00181 and ConditionaLUse Permit No. 2006-05120,. now pending. 11. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 5, and as conditioned herein. 12. That prior to final tract map approval, Condition Nos. 2, 3, 4, 5, 6, 7, 8 and 9, above-mentioned, shall be complied with. F~ctensions for further time to complete said conditions may be granted in accordance with Section .113.03.090 of the Anaheim .Municipal 13. 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. 14. 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. Sincerely, Eleanor Morris, Senior Secretary Anaheim Planning Commission cc: Mahendra Desai, Desai Construction, 2040 S. Santa Cruz St., Ste 11.5, Anaheim, CA 92805 RCL20D6-00181_Excerpt