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PC 2008/03/03ooP'~80E0£0)\sepua6y Od\uiwpy Od\SOOIFH aau•wiayeue uoissiwwoo uiuue~ ssazppe @ew-a 6uiMOpo~ ayq 6uisn uoissiwwo~ 6uiuue~d aye ~o~ a6essaw e anew ~(ew no,\ ;uawu~nofpy . swa;I 6ul~eaH allgnd . ~epuale~;uasuo~ . s;uawwo~ oilgnd . aouel6al~y;p a6pald • W'd 0£~Z Bu~aeaH olignd of auanuooaa . 6ul~eaH ollgnd o1 ssaaab . a;epd~;uawa13 6ulsnoH ueid le~aua~ aql uo doys~aoM . • e~a~oas aye o; ~~ ~~wgns pue aouenpe u~ p~eo aa~ea s e a~a~ woo asea~ epua a ay; uo wadi ue uip~e a~;uawa~e;s a aNew o~ ys~M no !i saso an ui aa~ p~ooa~ ~o~ epua6e g00Z `E yaeW ay; uo swa~l ~o~ nnalna~ ueid tieuiwilaad (uolsslwwo~ 6uluueld ~(q pa;sanba~ sy) sanssi pue s;uawdo~anap ~(lf~ snouen uo uolsslwwo~ o~ a~epdn ye~g 'W'd 00~ L nnainab ueid tieulwga~d . ~apa0 0l ila~ • zanbse~an fed `o~awo~ ~(~ued '~assae~ uayda~g 'uew~se3 ~le~ 'lenn~e6y ~a;ad a~auoissiwwo~ . I~e~e~ ydaso~ :a~odwal-ad uew~ley~ . elwo~i~e~ 'wiayeuy 'p~ena~no8 wiayeuy y;noS OOZ IIeH ~~I~ '~agwey~ ~louno~ 8002 £ y~a~ epuo~ llc~ l1IS~1 la~lll.1~ A ill Anaheim Planning Commission Agenda - 2:30 P.M. Pubtic 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 on 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. Reports and Recommendations Minutes ITEM IJO. 1A Receiving and approving the Minutes from the Planning Commission Meeting of January 23, 2008. Continued from the February 4, 2008, and February 20, 2008, Planning Commission Meetings. (Motion) ITEM NO. 1B Receiving and approving the Minutes from the Planning Commission Meeting of February 20, 2008. (Motion) 03/03/08 Page 2 of 7 Public Hearing Items: ITEM NO. 2 CEQA ENVIRONMENTAL IMPACT REPORT NO. 330 Request for (PREVIOUSLY-CERTIFIED) AND continuance to ZONING CODE AMENDMENT NO. 2008-00064 March 31, 2008 Agent: Planning Department City of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92805 Location: Citywide City-initiated request (Planning Department) to amend Project Planner: various sections of Title 18 "Zoning" of the Anaheim cflores@anaheim.net Municipal Code to establish maximum size requirements for flags and banners, to modify and clarify non-residential parking requirements as shown in Table 42-A , to establish maximum height of logos and trademark symbols for wall signs, to add provisions for reconstruction of non-conforming qualified historic structures in adopted Historic Districts to modify provisions related to prohibited locations of Second Residential Units, to modify irrigation requirements for required landscaping to amend Chapter 18.92 "Definitions", and to modify procedures to process appeals for public hearing items. CEQA Determination and Zoning Code Amendment Resolution No. 03/03/08 'Page 3 of 7 ITEM NO. 3 CEQA CATEGORICAL EXEMPTION CLASS 3 AND CONDITIONAL USE PERMIT NO. 2008-05294 WITH WAIVER OF CODE REQUIREMENT Applicant: Paul Chiavatti 1997 Orange Olive Road Orange, CA 92865 Location: 1340 West Pearl Street: Property is approximately .23-acre having a frontage of 54 feet on the south side of Pearl Street, approximately 294 feet north of the centerline of Wilshire Avenue. Request to permit residential group care facility for up to 24 Project Planner: residents with waiver of minimum number of parking spaces. skoehm@ananeim.ner CEQA Determination and Conditional Use Permit Resolution No. ITEM NO. 4 CEQA NEGATIVE DECLARATION AND TENTATIVE PARCEL MAP" NO. 2007-232 Owner: North Anaheim Associates, LLC. 3185 Pullman Avenue Costa Mesa, CA 92626 Applicant: BKM Development 3185 Pullman Avenue Costa Mesa, CA 92626 Location: Assessors Parcel No. 035-010-80: Property is approximately 4.61 acres, having a frontage of 131 feet on the west side of Patt Street and 229 feet an the west side of Kemp Street approximately 452 feet north of the centerline of La Palma Avenue. Request to establish a 3-lot industrial subdivision. Project Planner. Kwong2@anaheim.net "`Advertised as a tentative tract map. CEQA Determination and Tentative Parcel Map Resolution No. 03/03/08 Page 4 of 7 ITEM Np. 5 Owner: Anaheim Redevelopment Agency 201 South Anaheim Boulevard #1003 Anaheim, CA 92805 Applicant: Jamboree Housing 17701 Cowan Avenue #200 Irvine, CA 92614 Location: Assessors Parcel Nos. 272-081-05. 07; Property is approximately 1.29 acres and is located west of the terminus of Glenoaks Avenue at the Greenleaf Avenue intersection having a 418 foot frontage on the west side of Greenleaf Avenue and east of the I-5 Freeway. Request for Planning Commission determination of conformance with Density Bonus Ordinance to construct a 53-unit affordable apartment complex with development incentives pertaining to structural height and a landscape setback requirement adjacent to Greenleaf Avenue and the Interstate 5 Freeway. *Advertised as CEQA Statutory Exemption Section 15280 CEQA Determination and Miscellaneous Case Resolution No. Project Planner: Kwong2@anaheim.net Adjourn To Monday, March 17, 2008 at 1:00 P.M. for Preliminary Plan Review. 03/03/08 Page 5 of 7 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 2:00 o.m. February 28, 2008 (TIME) (DATE) LOCATION: COUNCIL CHA BER DISPLAY CASE AND COU I I PLAY KIOSK SIGNED: 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 Telephone System at 714-765-5139. 03/03/08 Page 6 of 7 SCHEDULE 2008 March 17 March 31 April 14 April 28 May 12 May 28 (Wed) June 9 June 23 July 7 July 21 August 4 August 18 September 3 (Wed) September 15 September 29 October 13 October 27 November 10 November 24 December 8 December 22 (Cancelled) 03!03/08 Page 7 of 7 Item No. 2 _ o~ - _ -_ -_ __ o zn co Crt cu win =c .um no_ ~C ~< ~< +.m re uue ~~rc s CRANGETHORPE FVENOE to PAlh1A AVEfNE LINCOLN AVE11t1E 84LL w ~ ~ c o nwo ~ 3`^_ NATELLA N a AvEtauE cxAPn~srv AvErvuE arc °aa n ~~ rums Zoning Code Amendment No. 2008-00064 Subject Property Date: March 3, 2008 Citywide to4ae 200 5. Anaheim Blvd. Suite#162 Anaheim, CA 92805 TeI: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net L®CATI®N: Citywide ItEOITEST: This is aCity-initiated request by the Planning Department to amend. various sections of Title 18 "Zoning" of the Anaheim Municipal Code. REC®MMENIDATI®N: Staff recommends that the Commission continue this request to March 31, 200 to allow time for staff to finalize the requested amendments. Kespectfully submitted, 1~~~ ~/~~~sG„~- Principal Pla/nner by, Manager Item No. 3 i , 7 l n O O 0 a RS-'I 1 J C RMr3 W R ~ 2 DU 10U ~ RNl-4 PARK WILSHIRE APTS 77 DU S~ \ ~'T ~~ ~~F ~/- q y ~S ~, ~~ ,oo «.: ~® Conditional Use Permit No. 2008-05294 1340 West Pearl Street DIAMOND ST 10484 -m-{ 54 ' {~ F- Y fD E J K Q nW- 4 U.EACH~ RM-4 - RM 4 CUP 2998-05294 4 DU m N .... . ~\ RS-t L ~ \ 1 DU EACH ~ ~~ P.5-t 2 ~~ ;r Gf Subject Property Date: March 3, 2008 VACANT WILSHIRE AVENU' -- GG VACAN ® ~ VACI I I RM-0 AF75 "mss io ou Arrs - :io ~u io ou w U r °-~ o- G ' REAL ESTAT E ~RESTAI JP.ANI LINCOLN AVENUE 61RCHMCNT DRIVE .~-.- RS-1 J 1 DU EACH RNI-4 CDfJD05 RM-3 115 DU PEARL STREET Conditional Use Permit ~Jo. 2DD8-05294 134G ~,1~est Pearl Street Sutject Properiy Date: March 3, 2008 10=54 '" ~~ Aerial Phnto: July 2006 ITEM NO. 3 PLANNING COMMISSION AGENDA REPORT City of Anaheim PLANNING DEPARTMENT DATE: MARCH 3, 2008 FROM: PLANNING SERVICES MANAGER SUBJECT: CONDITIONAL USE PERMIT NO. 2008-05294 WITH WAIVER OF CODE REQUIREMENT LOCATION: 1340 West Pearl Street APPLICANT/PROPERTY OWNER: The applicant and property owner is Paul Chiavatti.' REQUEST: The applicant requests to establish a residential care facility for up to 24 people. The applicant also proposes to provide 9 pazking spaces where 19 spaces are. required. RECOMMENDATION:. Staff recommends the Planning.Commission adopt the attachedsesolution; approving a Class 3 Categorical Exemption and approving Conditional Use Permit Not 2008-05294 with fewer parking spaces than required by ;code. BACKGROUND: This property is developed with a 2-story, 4-unit apartment building and is located in the Medium Density Residential. (RM-4) zone. The Anaheim General Plan designates this property and the adjacent properties to the east, wesf and south for Medium Density Residential land uses..: The property to the north is designated forLow- Medium Density Residential land uses. PROPOSAL: The. applicant requests approval of a conditional use permit to establish a 4-unit residential care facility for up to 24 people to be used as asubstance abuse recovery facility. The facility would provide onsite group counseling and vocational training to parolees from the State of California under an eazly release drug treatment program. Supervision of the property will be provided by a manager and two assistant managers one of which will be on site at all times. The site plan indicates nine on site parking spaces: a two car garage on Pearl Street with two off-street parking spaces. in the driveway and a five caz gazage to the reaz of the property. Residents aze not permitted to have automobiles. ,The provided parking spaces will be used by management and counselors. Three of the apartment units have two bedrooms and one unit has three bedrooms. Please refer to the summary chart attached to the staff report for project. details. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714)765-5139 Fax: (714) 765-5280 a~ww.anaheim.net GONDIT[ONAL. tiSP, PERMIT NO. 21708-05294 March 3.2008 Page ^- 0(3. ; AIelAL,YSIS: The project has been evaluated for compliance with applicable development standards. Following is staffs analysis and recommendations on the requested project: Conditional Use Permit: A conditional use permit is required for a residential care facility in the RM-4 zone. The applicant indicates in the letter of operation that the units will be rented to persons on parole for drug treatment purposes. There are three other residential care facilities also located on this street, at 1300, 1310 and 1320 West Pear] Street'At the Planning , Commission meetings far these: previous cases, concerns were raised by neighbors regarding insufficient parking in the neighborhood, tenants congregating outside, and the proximity of the facilities to children. In one ease, a condition was added to require enhancements to the south portion of the property to provide a location for the tenants to congregate onsite. A similar condition would not be necessary for this case as the property contains a patio azea within the property that is not adjacent to the street. There have been a total of 1 T reports of Code violations for the subject property and the three other residential care facilities on Pearl Street, with the majority of the reports for trash or trash containers left outside. Parking: The applicant requests fewer parking spaces than required by code.. Code requires 19 spaces and nine spaces are proposed. The applicant has submitted a letter of operation'stating that. residents will not be pennitted,to possess a vehicle:: As a result, no parking spaces will be needed for the residents. _The provided parking spaces will be used by the on=site manager and visitation by counselors andbther guests associated with the treatment program.' A parking waiver was approved for the facility located at 1320 West Peazl, which required 19 spaces and provided eight spaces. The other facilities were approved prior to the Zoning Code Update in 2004 and no CodeYequirements existed for residential bare facilities'at that time. No pazking problems'have been reported`at these locations. CONCLUSION:' ' The proposed project would provide a'supervised environment for!. rehabilitation and vocational training. Based upon staff's'research of the operational'history of the adjacent residential care facilities and the applicant's proposal and letter of operation, staff recommends approval of this residential'care facility. to establish aresidential care facility for up to 24 people with nine parking spaces where 19' are required by Code. Respectfully submitted, Con ed y,' ~il"`6~ i~~rl~lS~'~'" Principal Planner "ng Services Manager f ~~, CONDITIONAL. USG PGRMI"I' NO. ?008-D529A March 3, ?008 Page 3 of 3 Attachments: °- L Project Summary 2. Draft Resolution 3. Letter of Operation The following attachments were provided to the Planning Commission and are available for public review at the Planning Services Division at City Hall. 4. Plans 5. Site Photographs 6. Boazd and Caze/Residential Caze Facilities Maps :~TTA~~ivrEi~rT l~t~. >< PR~3ECT SUINIR?912Y "" C~IVIDITI®NAI. IJSE PERI\'IIT N®. ?008-09294 ISevelopment Standards ISeveiopment Standard Proposed Project la1VI-4 Zone Standards Parking (see parking table below) 9 spaces proposed 19 spaces required Front: 18 ft. Front: 1~ ft. Building and landscape setbacks Side: 5 ft.* Side: 15 ft. Rear: 26 ft.'s Rear: 15 ft. Building Height 2~ ft. 20 ft. Existing building setbacks are legally nonconforming. No expansion to the buildings are proposed; therefore a waiver of Code requirement is not being requested. Parking Ilse No. of beds Parking Ratio Parking Required 4 Unit Aparkment Building (Residential 24 0.8 per bed 19 Group Care Facility) Total 9* * A total of 9 spaces are proposed; therefore a parking waiver is being requested. (DRAFT] RESOLUTION NO. PC2008-*** ATTACHMENT NO. 2 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CATEGORICAL EXEMPTION, SECTION 15303, CLASS 3 (NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES) AND APPROVING CONDITIONAL USE PERMIT NO. 2008-05294 (1340 WEST PEARL STREET) 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, shown on Exhibit A, attached hereto and incorporated herein by this reference. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 3, 2008, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to heaz and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; 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 heazing, does find and determine the following facts: 1. That the proposed use to establish a residential care facility for up to 24 residents is properly one for which a conditional use permit is permitted under authority of Code Section No. 18.06.030.0040.0402 (Group Care Facilities) with waiver of the Following provision: SECTION NO. 18.42.040.010 Minimum number of ~azking spaces. (19 required; 9 proposed) 2. That the above-mentioned waiver, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to the proposal under the normal and reasonably foreseeable operation of such use because the residents are not permitted to drive and there aze a maximum of three staff members. 3. That the parking waiver, under the conditions imposed, will not increase the demand .and competition for parking spaces upon the public streets in the immediate vicinity, as indicated in the pazking demand letter provided by the applicant. Since the residents do not drive, all of the parking demand will be provided on-site .and will not increase the demand for parking on the public streets. -1- PC2008-*** 4. That the waiver will not increase the demand and competition for parking spaces upon adjacent properties in the immediate vicinity of the proposed use since all parking is contained on-site within the property boundaries. 5. That the waiver will not increase traffic congestion within the off-streef parking areas or lots provided for the proposed uses as ingress and egress to the site would be provided via one driveway along Pearl Street. 6. That the proposed residential care facility, 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 because the services provided are for the residents only and should operate seamlessly within the residential living environment. 7. That the size and shape of the site for the residential care facility 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. 8. 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. 9. That *** indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to the subject petition. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15303, Class 3 (New Construction or Conversion of Small Structures) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby approve 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 health and safety of the Citizens of the City of Anaheim: -2- PC2008-* I~tesponsible COA Conditions of Approval ffor 1Vlonitorin6 TIRIING: PRIOR TO dSSUANGE OFA B UILI)IN~ PL'RDgIT OR 6T'IT~IINA PERT®D ®F ONE (1) YEAR %'ROM THE I9ATE OF THIS RESOL IITION, WIdPC'HEVER OC'CUIdS FIRST COA1 The applicant shall provide to the Planning Department a copy Planning of the license, with any attached conditions, issued by the State of California Department of Alcohol and Drug Programs, authorizing the proposed use as a residential recovery facility. TII~IING:'PItIOR TO FINAL ~UILDII!'G AND ZONING INSPECT'ZONS ;' COA2 The subject property shall be developed substantially in Planning accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file Frith the Planning Department mazked Exhibit Nos. 1 through 3, and as conditioned herein. COA3 A valid business license shall be obtained from the City of Planning Anaheim, Business License Division of the Planning Department. GENERAL CONDITIONS COA4 That no signs shall be visible off=site identifying this use as a Planning residential care facility. COAS All recovery services, including counseling, shall be for the Planning residents at this address (1340 West Peazl Street) only. COA6 That the applicant shall provide a twenty four (24) hour per day Planning on-site manager who will be responsible for responding to any neighborhood concerns regazding the operations of the facility. The name and telephone number of the on-site manager shall be kept on file with the Code Enforcement Division and Planning Services Division of the Planning Department. COAT That all trash generated from the facility shall be properly Planning 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. COAL Complete a Burglary/Robbery Alarm Permit application, Form Police APD 516, and return it to the Police Department prior to initial alarm activation. -3- PC200R-*** COA9 That this residential care facility shall be limited to twenty four Planning (24) residents recovering from alcohol and/or chemical dependency, screened for successful integration into a residential setting and as stipulated by the applicant, no visitors other than those providing professional services associated with the treatment program shall be permitted nor shall residents be permitted to drive or maintain a personal vehicle on the premises. The facility shall benon-medical and shall be permitted to provide both group and individual counseling from 8 a.m. to 5 p.m., Monday through Friday with a maximum of three (3) employees/counselors. COA10 That timing for compliance with conditions of approval may be Planning 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 towazd establishment of the use or approved development. COAI 1 That extensions for further time to complete conditions of Planning approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. COA12 That approval of this application constitutes approval of the Planning proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all chazges 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 chazges shall result in delays in the issuance of required permits or the revocation of the approval of this application. -4- PC2008-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 3, 2008. 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, Grace Medina, 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 March 8, 2008; 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 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -5- PC2008 *** A'1'TACFi10~Ei~''~' I~'~. 3 T2nlla7y `l. Zd~g CITY- OF ANAHEIM Re: li40 W. Pearl St., Anaheim LETTER OF OPERATION 1997 Orange Olire Road 7H Orange, CA 9?ft65 Tel: (714)?96-i75i FaE: (714)?76-0?i7 This 4-Plea will be used as a substance abuse recovery facility licensed by the State of California for Alcohol and Drug Programs providmg residential treahnent and vocational training for pazolees from the State of California under an early release drug trearinent furlough or other similar program. Counseling will be iu-house mostly in-group sessions. Counselors can case manage the 24 residents; therefore, there will be no more than three counselors on site at any time. Testing is performed on each resident on a regular basis. Counseling services will be restricted to in-house residents only. A manager and two assistant managers of which at least one will be on site at all times to maintain the property and supervise operations. None of the residents are allowed to have automobiles of any kind. If 1•esidents must leave the building, an employee will make arrangements for their transportation. Employees will be the only people allowed to have autos. Therefore, only three cars at any one time will be on site. Once the treatment is completed, most tenants will return to their families, others may choose to go to sober Living at a different address. The operation of this residence shall be identical to the existing C.U.P.s of 1300 and 1310 W. Pear] 5t. PAUL CHIAVATTI CUP2008-05294 PC IVIEETIPdG: 03/03/08 Item I CERAMIC TILE DISTRIBUTORS I SU N W EST METALS I VACANT H- W W N Cn H- H Q 0. I STEPHAN CHEMICAL TPM 2007-232 m I TPM 2005 290 I VAR 2066-04604 ANAHEIM TOWING CO VAR 20P6-04665 VACANT I VACANT m PARK !: N VACANT iDU PARKING ApTS BDU 1 2Du ELECTRA GEAR pDU ~ 2DU ~ W ~ 3DU 2DU N ~ ~ a I ~ z Du a Du 2DU ~ ~ 2DU c-G ATCHESONS ITHOGRAPHY EXPRESS SHOP 02 CU C G ~~ Commercial/Industrial (North Central Area) Redevelopment Project Area Commercial/In dushial (Nodh Central Area) Redevelopment Projeci Area RM-4 T p 1 DU EACH PARK N JULIANNA AVE KET 2DU RM-4 E- 2DU z ~ O N 3DU > 0DU RM-4 LAS PALMAS APARTMENTS 61 DU N zDU Sou aou W ~ -~ ~ RM-4 -~ ouzo iDUZD iDU o aou N LA PALMA AVENUE _ _ v ,- ~ Subject Property Date: March 3, 2008 Tentative Parcel Map No. 2007-232 APN 03501080 10485 I :,.: '~ Subject Propert,~ Date: March 3, 2C10B Tentative Parcel PAap TJe. 2Qd7-232 =,PP~ 035~106G oas:, ITEM NO: 4 PLANNING COMMISSION AGENI2A REPORT City of Anaheim PLANNING DEPARTMENT DATE: MARCH 3, 2008 FROM: PLANNING SERVICES MANAGER SUBJECT: TENTATIVE PARCEL MAP NO. 2007-232 LOCATION: The site is a vacant parcel and identified with APN 035-010-80. APPLICANT/PROPERTYQWNER: The applicant is BKM Development and the property owner is North Anaheim Associates, LLC. REQUEST: The applicant requests to subdivide the property into three parcels. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolution'approving a Negative Declaration and approving Tentative Parcel Map No: 2007-232' BACKGROUND: This property is vacant and is located in the Industrial (I) zone and is 'within the Merged Redevelopment Project Area. The General Plan designates this property and the properties to the north and east'across Patt Street for Industrial land : uses. Properties to the east across Kemp Street are designated for Medium Density Residential land uses; properties to the'west and south aze`designated for Mixed Use land uses. On January 31, 2008, the Zoning Administrator continued the item to the February 14, `, 2008, meeting. The continuance was'requested by the applicant with staff's' concurrence, to allow additional time to analyze the proposed access From Kemp Street At the meeting, the'Zoning Administrator took public testimonies from two residents who reside on Kemp Street: Both residents voiced their concern regarding commercial' access to the subject site from Kemp' Street, noting the residential nature of the neighborhood on the east side'of the street, the safety of children and the potential use of alleys for commercial vehicle cut-through traffic to La Palma Avenue as theirprimazy ooncerns> This item was referred to the Planning Commission bythe Zoning Administrator on February 14, 2008. The proposed map is the third'and final'subdivision of a twenty-acre pazcel that previously contained Essex Wire Corporation and Equistar Chemicals. In 2005, the zoo s. Anaheim si~d. Zoning Administrator approved Tentative Parcel Map (TPM) No. 2005-147, a 21-lot' suite nisz industrial subdivision with frontage on Patt Street. In 2006, the Zoning Administrator Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net 'rL'N'I'A'PIVB PARCGI. MAP NO. ?007-232 Match 3, ?008` Page?oF3 approved TPM No. 2005-290, a 12-lot subdivision which also had frontage on Patt Street, Each-of - these subdivisions was designed for access to be taken solely from Patt`Street. These projects were conditioned in response to concerns of neighbors fiiving in the Kemp Streetneighborhood PROPOSAL: The applicant proposes to subdivide the property into three parcels. No'new~ construction on the property is proposed. Please refer to the summary chart attached to the staff report for project details. ANALYSIS: The project site has frontage' on both Kemp and' Patt Streets. Parcel 3 of the proposed parcel map is the only parcel with frontage on Patt Street. Vehicular access to the pazcels' is provided via Kemp and Patt Street for Parcel 3 and access only to Patf Street for Parcels l and 2. Staff believes industrial vehicular traffic on Kemp Street will create an unsafe condition for residents on the street due to the substandard street width, the unsafe turning radius at the comer of Kemp StreePand La Palma Avenue and the potential for vehicles to use adjacent residential streets and alleys. Staff has provided the following analyses and recommendations. Substandard width of Kemp Street: The width and configuration of Kemp: Street would not safely accommodate industrial vehicular traffic.: The Circulation Element and'Public Works Standard Details require a minimum right-of--way width of 60 feet for local residential streets and 72 feet for industrial serving streets. Kemp Street has aright-of--way width of 40 feet, andtherefore; it is not wide enough to safely serve truck traffic associated with industrial development. In September 2000, the' City determined that the width of the street was not suitable for industrial traffic and posted'signs on Kemp Street and in the adjacent neighborhood. Further, the corner radii on Kemp Street and La Palma Avenue is not adequate Por industrial vehicles or any combination trucks to safely make aright-turn from La Palma Avenue onto Kemp Street without encroaching into oncoming eastbound traffic on La Palma Avenue. Future median on La Palma Avenue: La Palma Avenue will have a raised median between Anaheim Boulevard and Olive Street, prohibiting left turns from Kemp. Street onto La Palma Avenue. As a result; access from Kemp Street would be restricted to right-turns only.. Vehicles exiting the property to go eastbound on La Palma Avenue would. first need to proceed westbound on La Palma Avenue and then make a U-turn at Anaheim Boulevard. Inbound traffic headed eastbound on La Palma Avenue would first need to make a U-turn at Olive Street, and then backtrack to Kemp Street. Trucks would .not be able make a U-turn at either intersection. Additionally, vehiclescould also utilize the alleys and local street in the adjacent residential neighborhood to reach the nearest signalized intersection at Olive. Street, increasing the commercial trafficin this neighborhood. Trucks would not be able use the alleys as they aze too narrow to maneuver through safely. Due to these ooncems; a condition of approval has been included that requires the property owner to relinquish vehiculaz access rights to Kemp Street to ensure that the adjacent residential streets will not. be negatively impacted by future development on the property. Further, there is a condition of approval that requires recordation of appropriate access easements to insure that all parcels have legal access to Patt Street. retvt~artv>; t'nar_et. mt~r n~o. zoo.-zs2 March 3.2008 Paee 3 of 3 I~'utare naodi~cation oI'tcaffic signal on La Palnaa Avenue and Anaheim Boulevard: The City has° awarded a contract to improve the intersection of La Palma Avenue and Anaheim Boulevard. The improvements include changes in Lane aligmnent that would facilitate the future conversion of the three-way intersection into afour-way intersection, with the fourth leg of the intersection likely to be a private driveway. No plans for this driveway are proposed at this time; however, in the future this driveway could potentially provide additional access to the site. Even though access at this point cannot be guaranteed at this time, adequate access would be provided to all portions of the site through the required easements to Patt Street. CONCLUSION: Staff is supportive of this request to subdivide the property into three parcels. The proposed subdivision is consistent with the General Plan and meets the minimum site requirements adequate for industrial uses. Staff believes the proposed conditions of approval pertaining to vehicular access rights on Kemp Street will help maintain the safety of the adjacent residential community both along Kemp Street and on adjacent residential streets and the orderly circulation of both pedestrian and vehicular traffic between the property and all streets and highways. Respectfully submitted, eI'1GId~~r~5`~ Principal Planner er Attachments: 1. Project Summary 2. Draft Resolution The following attachment was provided to the Planning Commission and is available for public review at the Planning Services Division at City Hall. 3. Tentative Pazcel Map ATTACIIIVIENT N®. 1 1P1~~JECT SiJPV[R'IARI' TILNTATI~i>C PAR~)CL NLAP N®. 2007-232 nebelo ~en~ se~,~aa~a ~~o osea >Pro•ee~ r saanaa~as Site Area 4.47 acres N/A Lot Size Parcel 1 0.945 acres N/A Parcel 2 ?.068 acres Parcel3 1.455 acres [DRAFT] A'T'TACHMENT N0.2 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CEQA NEGATIVE DECLARATION AND APPROVING TENTATIVE PARCEL MAP NO. 2007-232 (APN NO. 035-010-80) WHEREAS, the Anaheim Planning Commission did receive an application for Tentative Parcel Map No. 2007-232 for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit A, attached hereto and incorporated herein by this reference; WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center in the City of Anaheim on January 31, 2008, at 9:30 a.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 tentative parcel map and to investigate and make findings and recommendations in connection therewith; and that said hearing was continued to February 14, 2008; and WHEREAS, the Zoning Administrator referred said public hearing to the Planning Commission meeting on March 3, 2008, 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 tentative parcel map and to investigate and make Endings and recommendations in connection therewith; and WHEREAS, said Planning 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: That the proposed subdivision is consistent with the General Plan land use designation of Industrial and property is in the Industrial (I) zone. That the design or improvement of the proposed subdivision is consistent with the applicable General Plan. That the site is physically suitable For the proposed subdivision. 4. That the site is physically suitable for the proposed density of development. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. PC2008-*** That The design of the subdivision or the type ofimprovements will not conflict with easements, acquired by the public at large, for access through or use ofpropeaty within the proposed subdivision. - NObG', TIjEREFORE, BE IT RESOLVED that the Anaheim Planning Corptnission has reviewed the proposal and does hereby find and determine that the Negative Declaration reflects the independent judgment of the lead agency and that it has considered dre Negative Declaration together witlj any comments received during the public review process and fiuther 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. TFIEREFORE, BE IT FURTHER RESOLy~ED that the Anaheim Plaiming Commission does hereby approve Tentative Parcel Map No. 200%-232, upon the following conditions of approval 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: COA Conditions of Approval Responsible for Monitoring TIMING: PRIOR TO APPROl~AL OF' FINAL PARCEL MAP That atwenty-six (26) foot wide floating access easement over Parcel 3 in favor of Parcel 1 and 2 shall be recorded on the property for public PW - COA 1 utility and emergency purposes including ingress and egress rights for Development maintenance purposes. Said easement shall provide access rights to Services Patt Street and shall be recorded concurrently with the final parcel map. That atwenty-six (26) foot wide floating access easement over Parcel 2 in favor of Parcel 1 shall be recorded on the property for public PW - COA 2 utility and emergency purposes including ingress and egress rights Development for maintenance purposes. Said easement shall be recorded Services concurrently with the final parcel map. COA 3 The vehicular access rights to Kemp Street shall be released and PW Development relinquished to the City of Anaheim on the final map. Services That a final map shall be submitted to and approved by the City of PW COA 4 Anaheim and the Orange County Surveyor, and shall then be recorded Development in the Office of the Orange County Recorder. A reciprocal access Services agreement shall be recorded concurrently with the final parcel map. That the legal property owner shall execute a Subdivision Agreement, in a forni approved by the City Attorney, to complete the PW COA 5 required public improvements at the legal property owner's expense. . Development Said agreement shall be submitted to the Public Worlcs Department, Services Subdivision Section, approved by the City Attorney and City. Engineer and then recorded concurrently with the final parcel map. -2- PC2008-*~~ COA 6 That all parcels shall be assigned street addresses by the Building Division. PW Development Services That the final map shall be recorded within a period of two (2) years COA 7 from the date of this resolution. Extensions for further time to planning ~~ complete said conditions maybe granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. That timing for compliance with conditions of approval maybe amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original COA 8 intent and purpose of the condition(s), (ii) the modification complies Planning 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 detennine 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 discretionazy case .application within 15 days of the issuance of the final invoice or final map recordation, whichever occurs first. Failure to pay all charges shat] 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 March 3, ?008. 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 maybe replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2008-*** SPATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the P.naheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on March 3, ?008. IN WITNESS WHEREOF, I have hereunto set my hand this day of X008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2008-*** W w c a -~' 70 ~--tse_" m H a L ~~ ,~L. ~ Fec~ ~~ J LA PALMA AVENUE ~~ C~ ~ Property Description Tentative Parcel Map No. 2007-232 Subject Property o ~~ E a Z W.tn FALMAAVE z ¢ ~ ~¢ ~z _ z. O_ E LA PALMAAVE m. F N, O 10485 JULIANNA AVE Item No. 5 ~- ~` J \ ~ N \ ~ ~ v . ~ ~ W ~ J 0 RS-r O RS-2 G RS-2 LL RS_2 Q RS-2 1 DU EACH = 1 DU EP,CH U 1 DU EACH t DU EACH a ~ DU EACH VACANT CATALPA AVENUE RS-2 RS-2 DU EACH: 1 DU EAC GLENOAKS AVENUE RM-4 RCL 2006-00176 RCL 2001-00045 (,7 RCL 2000-00027 ~7 VAR 3823 m MI5 2007-00233 m VACANT ~ RM-4 rT1 m T RM-4 GLENOAICS APARTMENTS ~G '106 DU m Sq ~ T q 9~ 9 T~~~ ~G,9 y I SMALL IND. FIRMS n Su ~a, F Subject Property Pate: March 3 2008 Miscef aneous Permit No. 2007-00233 , W POMNEYA OF ~J W. LF PALM p ~ U w W LftESCENT AVE O W LFESS~NT NVE O APN 27208105 and 27208107 loans P~Iiscellaneous Permit Nn. 2007-00233 cPPd 2'20F310~ and 2720G'107 Subject Properly Date: March 3. 200fS 10463 `.. ": ~'~-; Aerial Photo: ~"~ ~~ July 2006 ITEM NO. 5; 200 5. Anaheim Blvd: Suite #1S2 Anaheim, GA 92805 Tel: 1714) 765-5138 Fax: (714) 765-5280 www.anaheim.net PLANNING COMMISSION AGENDA REPORT City of Anaheim PLANNING DEPARTMENT DATE: MARCH 3, 2008 FROM: PLANNING SERVICES MANAGER 'SUBJECT: MISCELLANEOUS CASENO. 2007=00233 LOCATION: The site is a vacant parcel and identified with Assessors Parcel Nos. 272-081-OS and 272-081-07. APPLICANT/PROPERTY OWNER: The applicant is Jamboree Housing Corporation and the property owner is the Anaheim Redevelopment Agency: REQUEST: The applicant requests Planning Commission determination of conformance with State density bonus law requirements to construct a 53-unit affordable aparhnentcomplexwith Tief2 development incentives pertaining o structuraTheightand alandscape setback requirement adjacent to the southwest property line. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolution;' approving a Statutory Exemption Section 21159.23 (Public Resources Code:- Affordable Housing): and approving Miscellaneous!Permit No. 2007-00233. BACKGROUND: The 1.2I-acre subjectproperty is vacant and is located in the Multiple Family (RM-4) zone: The General Plan designates. this property and properties to the east for Medium Density residential land uses, and properties. to the, north for Low Density residential land uses. The Interstate 5 Freeway is located west of the site. Section 65415 of the State: Goverrunent Code requires cities. to allow. certain density °, bonuses, development incentives and reduced parking requirements for housing developments that provide. opportunities to households with very-low, low and moderate incomes:; The Anaheim Zoning Code implemems these State requirements. -The Code provides,applicants with a menu of "tiered"incentives that :.offer two levels of review. based on the type of incentives. requested and the level of _affordability proposed. Tier One Incentives maybe approved by staff. Tier Two Incentives require a noticed public hearing. before the Planning Commission... The requested incentives shall be r granted;if the proposed housing development is in conformance with the requirements of Code; unless findings can be made for denial.. The Planning... YIISCELLANEOUS PERMIT NO. 2007-00233 March 3, 2005 Page 2 of 4' Commission may deny a requested incentive if it finds that the incentive is not required in order to provide affordable housing costs or rents, or finds that the project would have speci£c adverse impacts upon public health and safety or an adverse impact on the physical environment. PROPOSAL: The applicant requests a Planning Commission determination of conformance with the Density Bonus Code to construct a 53-unit affordable rental housing apartment complex with development incentives. The code permits a maximum of 44 units and a 20% density bonus is required to construct 9 additional apartments, for a total of 53 apartments. It is anticipated that the Community Development Department will enter-into an Affordable Housing Agreement in which the applicant will be required to provide a minimum of I 1 residences, which is 20% of the total units„as affordable to very-low income households.... The proposed apartment complex will be comprised of a single building with a subterranean parking garage. The complex would consist of one, two and three bedroom units; Project amenities include a 2,250 square foot resident service center, a 1,800 square foot tutoring center, and atot-lot. Please refer to the project summary chart attached to the staff report for project details. ANALYSIS: The project proposes 20.7% of the total units to be available for lower. income households; and is entitled to all Tier One Incentives and three Tier 2 Incentives as a matter of right. The following includes a detailed analysis of the requested incentives. Tier I Incentives: The applicant requests three Tier 7 Incentives from the City. Multiple- family residential development standards require a minimum landscape setback of IO feet and building setback of 55 feeYadjacent to a single-familyzone boundary:-A 5-fooflandscape setback and building setback of 53 feet is proposed and permitted as a Tier l` Incentive. The Code also requires the building to have a minimum 25 foot setback from the freeway. Tier I Incentives permit' a planned setback of 17 feet: -The applicant also requests a decreased tree size for 50% of the required trees from'24-inch box to 15 gallon: The applicantproposes to construct an affordable rental housing projectconforming to all Tier 1 Incentives. Tier 2 Incentives: The applicant requests two Tier 2 Incentives including the following:. Minimum perimeter landscaping:' The applicant 7equests areduction ofthe required landscape setback along the southwest property line abutting the Interstate 5 Freeway. A 5-foot wide landscaped planter is 7equired adjacent to the' freeway.=Plans indicate a landscaped area of up to 22 feet wide with the exception of a 2=foot portion for the hammerhead turn-around area for emergency vehicles 'The irregular triangle shape of the property limits the ability to provide a 5- foot wide landscape'setback'adjacent to this tum-around area. This incentive contributes to the affordability of the project as compliance could result in a reductionof affordable unitsand will not have an adverse impact upon the public health and safety or on the physical environment. Maximum building height:' Plans indicate a building with a height ranging between three and, four stories over a subterranean parking structure; The Density Bonus Code requires the approval of a Tier 2 Incentive for four-story height of'affordable housing structures: The applicant indicates the proposed four-story height is based on their intent to maximize the number of affordable units, while complying with minimum unit size and open space MISCELLANEOUS PEFMIT NO. 2007-00233 March 3. 2008 requirements: By adding the fourth story, the project gains nine affordable residential units. The building was designed Co he compatible with the single-family residential neighborhood to the north by keeping the building height closest to the neighborhood limited to three storiea ~Tfie four-story portion of the building will be adjacent to the freeway and Greenleaf Avenue. SiYrce the fourth story is located mostly along the freeway side, aesthetic and privacy impacts to the adjacent residents would be minimized. This is a Tier 2 Incentive which will provide nine additional affordable units and conforms to City criteria. The City is required to grant the requested incentives if the proposed housing development is in conformance with Code, unless it makes the proper findings for denial. The project is consistent with Code requirements to grant the requested incentives. The applicant's pro-forma on file with the Plalming Department has demonstrated that the requested incentives will be necessary to make the housing units economically feasible. Prior to issuance of building permits for this housing development, the applicant is required to enter into an Affordable Rental Housing Agreement with the City to ensure that the affordable units will remain restricted and affordable to the designated group for a period of at least 30 years and that all requirements of code will be met. Parking Requirements: Plans indicate 86 parking spaces in compliance with the 82 parking spaces required for affordable rental housing developments. The affordable rental housing development agreement would require that the number of vehicles permitted in the development is limited to the number of parking spaces provided. Building Architecture: Staff has concems regarding the proposed architecture. Staff believes it is extremely important for the building to be designed to include articulation and a complementary range of building colors and materials. These comments have been provided to the applicant, but they could not be addressed in time for this meeting. The applicant would like to proceed with the request and submit revised elevations for future review by the Commission if the Commission shares staff's concerns. CONCLiISION: The project will provide affordable housing in furtherance of the City's Housing Element, with a minimum of 20% of the total units to be rented as affordable to lower income households. The proposed project would be compatible with surrounding land uses and will not adversely affect the adjoining land uses. The applicant's pro-fornia has demonstrated that the incentives would be necessary to make the housing units economically feasible. Respectfully submitted, <''1 Principal Planner Attachments: 1. Project Summary 2. Draft Resolution 3. Letter of Request MISCC LLANL-OUS PGRMIT NO. 2007-00233 March 3, ?008 Page 4 of 4 Tlie following attachments were provided to the Planning Commission and are available for public review at the Planning Services Division at City Hall.: „ 4. Project Pro-forma ~. Site Photographs 6. Plans A"l"I'ACIi>~IEI,STT N®. 1 Plzor~ca sUn~n~Arz~ 1VilSCELLANE®US CASB+ NO. ?007-OU233 Development Standard Proposed Project ~'4 Standards {minimum unless noted) Site Area 1.21 acres N/A General Plan Density 49.5 du/acre* 36 du/acre maximum Lot Coverage 3S% SS% maximum Recreation Leisure Area 24.907 s.f. 10,600 s.f. Parking 86 spaces *** 82 Landscaping North {adjacent to SFR zone) S feet* 10 feet East (adjacent to Greenleaf Avenue) 1 S Feet 15 feet South and West (adjacent to I-S 2-20 feet** 5-10 feet Freeway) Building Setback North (adjacent to SPR zone) SO-57 feet`" SS feet East (adjacent to Greenleaf Avenue) 16-25 Feet 1 S feet South and West (adjacent to I-S 15-22 feet* 3S feet Freeway) Buildin Hei ht 33-43 feet** 40 feet maximum Number of bedrooms Unit 1 1 Bedroom, 703-770 s.£ N/A Unit 2 2 Bedrooms, 830-904 s.f. Unit 3 3 Bedrooms, 1,OOS-1,140 s.f. Tier 1 Incentive ** Tier 2 Incentive *** Density Bonus Standard ~~>~AFT) ~TT~c~M>~~T ~®. 2 RESOLUTION NO. PC2008 *** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A STATUTORY EXEMPTION SECTION 21159.23 (PUBLIC RESOURCES CODE (AFFORDABLE HOUSING) AND APPROVING MISCELLANEOUS PERMIT NO. 2007-00233 (APN Nos. 272-081-OS AND 272-081-07) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for a density bonus for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit A, attached hereto and incorporated herein by this reference. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 3, 2008, at 2:30 p.m., notice of said public hearing having been duly given as required by law .and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to heaz and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; 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 density bonus to construct a 53-unit affordable apartment complex is authorized under Anaheim Municipal Code Section 18.52.090 and includes Tier Two incentives to increase the maximum building height to four stories and to reduce a portion of the minimum landscape setback to 2 feet adjacent to an emergency hammerhead turnaround area where 5 feet is required. 2. That granting of the density bonus 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 scale and chaaacter of the existing neighborhood and neazby land uses. 3. That the affordable housing development will preserve the integrity and character of the zoning district and the General Plan. 4. That the affordable housing development will be consistent with design guidelines established for affordable housing and will comply with all affordability requirements. 5. That development of the project with requested development incentives is subject to implementation of a density bonus housing agreement as defined in Anaheim Municipal Code Section 18.52.230. 6. That *** indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to the subject petition. -1- PC2008-*** WHEREAS, the proposed project falls within the definition of Statutory Exemptions, Section 21159.23 (Public Resources Code -Affordable Housing) as defined in the State California.. Environmental Quality Act (CEQA) Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby approve subject Miscellaneous Permit, upon the following conditions of approval which aze hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the Citizens of the City of Anaheim: Responsible C®A Conditions off Approval for Monitorin TIMING: PRIG. R:~'lD'IS~fidT:~'N'~'~ ff9.~'~1 ~3R9.T~G„~?~dfr~l~',,...-~ ?~ COA 1 That final detailed elevation plans including colors and materials ' Planning shall be submitted for review to the Planning Commission as a "Reports and Recommendations" item. COA 2 That all plumbing or other similar pipes and fixtures located on Planning the exterior of the building shall be fully screened by azchitectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building pemmts. COA 3 That al] air-conditioning facilities and other ground-mounted Planning 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. COA 4 That an automatic fire sprinkler system shall be designed, Fire installed and maintained as required by the Fire Department. Such information shall be specifically shown on the plans submitted for building permits. COA 5 That the locations for future above-ground utility devices Utilities - including, but not limited to, electrical transformers, water Electrical backflow devices, gas, communications and cable devices, etc., Engineering 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. -2- PC2008-*** COA 6 That any required relocation of City electrical facilities shall be Utilities at the developer's expense. That landscape and/or handscape Electrical screening of all pad-mounted equipment shall be required and Engineering shall be shown on plans submitted for building permits. COA 7 That all hackflow equipment shall be located above ground Water 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 the Cross Connection Control Inspector before submittal for building permits. COA 8 That since this project has a common landscaping azea Water exceeding 2,500 squaze 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 shall be shown on plans submitted for building permits. COA 9 That all existing water services and fire lines shall conform to Water the current Water Services Standards Specification. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The applicant shall be responsible for the costs to upgrade or abandon any water service or fire line. COA 10 That plans shall be submitted showing stop control for the PW -Traffic eastbound direction of the driveway where it intersects Greenleaf Avenue. A stop sign shall be installed and stop legend shall be painted on the driveway in the eastbound direction at the driveway intersection. Subject property shall thereupon be developed and maintained in conformance with said plans. COA 11 ' That plans submitted for building permits shall include a note PW -Traffic that on-going during project operation no required pazking areas shall be fenced or otherwise enclosed for outdoor storage uses. -3- PC2008-*** COA 12 That plans submitted for building permits shall include a note PW -Traffic that fire lanes shall be posted with "No Parking Any Time" prior - to final building and zoning inspections. COA 13 That Lot Line Adjustment No. 650 must be approved by the City PW - Engineer and recorded in the office of the Orange County Development Recorder. Services COA 14 That prior to application for water meters, fire line or submitting Water the water improvement plans for approval, the property owner/developer 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. TIId~PNfs: d?'l~l~Zf ~'f~:IS`$'ZF~~VCE`~)F'(rd$f9~YIt~G"~+,,~~Z~' . COA 15 That the property owner/developer shall submit to the Public PW - Works /Development Services Division, for review and Development approval, a Water Quality Management Plan, as described in Services Drainage Area Management Plan for Orange County. Said WQMP shall: ® Address Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious azeas, creating reduced or "zero dischazge" azeas, and conserving natural azeas. ® Incorporate applicable Routine Source Contro] BMPs. o Incorporate Treatment Control BMPs. ® Describe the long-term operation and maintenance, identifies the responsible parties, and funding mechanisms for the Treatment Control BMPs. -4- PC2008-*** Tlld'II19~G: FRI®Id 7'O FIN,"BlIILDIN~ r$IV1) ~01VIIsIG II~ISPE~TIOIV. COA 16 The property owner/developer shall: PW - ® Demonstrate that all structural BMPs described in the Development Froject WQMP have been constructed and installed in Services conformance with approved plans and specifications. ® Demonstrate that the property owner/developer is prepazed to implement all non-structural BMPs described in the Project WQMP o Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. a Submit for review and .approval by the City an Operation and Maintenance Plan for all structural BMPs. COA 17 The subject property shall be developed substantially in Planning accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 12, and as conditioned herein. GEN$RAL ; COA 18 That all requests for new water services or fire lines, as well as Water any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Anaheim Public Ufilities Department. COA 19 That any tree planted on-site shall be replaced in a timely Planning manner in the event that it is removed, damaged, diseased and/or dead. That the property shall be permanently maintained in an orderly fashion by providing regulaz landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of discovery. COA 20 That approval of this application constitutes approval of the Planning 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 regazding any other applicable ordinance, regulation or requirement. -5- PC2008-*** COA 21 That building permits shall be obtained within one {1) year from Planning=-- the date of approval of this Resolution to exercise the entitlement for a density bonus housing development. Such time limitation maybe extended by the Planning Director in , accordance with Section 18.60.170 of the Anaheim Municipal Code. COA 22 That timing for compliance with conditions of approval maybe Planning 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 towazd establishment of the use or approved development. 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 March 3, ?008. 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 maybe replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -6- PC2008-*** STATE OP CALIFORNIA COUNTY OF ORANGE ) ss. CITY OF ANAHEID~f } I, Grace Medina, Seniot' Secretary of the Anaheim Platming Commission. do hereby certify that the foregoing resohttion ~~~as passed and adopted at a meeting of the Anabei?n Planning Commission held on March 3, ?008, 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 ?008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -7- PC2008-*** Exhibit A ~ ~ >- J Z W ..... J 0 0 ~ ~ z CATALPA AVE 363' GLENOAKS AVE m z s~' v a , T v ~ ~~ ~~F F ~'~Y ~~•: Property Description Miscellaneous Permit No. 2007-00233 ~W 0.0MNEYA iOF I W.IA PALM4 AVE ~ Subject Property W. CPESCENTAVE p o W LFESC ENT AVE 10463 t3~~~`L.A LLYB~17~~ ~LY. January 21, 2008 City of Anaheim Planning Department City Hall East Ms. Kimberly Wong, Assistant Planner 200 5. Anaheim Blvd. Anaheim, CA 92805 RE: Greenleaf- Density Bonus Application Letter Dear Ms. Wong: This letter addresses the City of Anaheim's Density Bonus Ordinance application submittal requirements per Section 18.52.150 of the City Zoning Code. This letter includes the following information: ® A brief description of the proposed housing development, including the total number of units, affordable units, and density bonus units proposed. o A description of the parking ratios to be used that will accompany the request. a A list of 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. ® A description of the on-site management operations (number of employees, hours, level of services provided'}. Project Description The proposed fifty-three (53} unit, three- to four-story Greenleaf Apartment project has 72 subsurface and 14 open surface parking spaces. It is a 100% affordable rental housing development for households with incomes between 30% .and 60% of Area Median Income. The project consists of eleven (11) one bedroom, twenty-seven (27} two bedroom, and fifteen (15) three bedroom units that range in size from 703 square feet for the smaller one bedroom units to 1140 square feet for the larger three bedroom units. Below is a table showing how many units of each size are J,1111~IOP('~8 Iloaisi~ie Carporaliuli a nonprofit corporation dedicated to providingatfordable housing 11701 Co~n!an #200 • Irvine, CA 92614.949.263.8676 • Fax 949.263.0647 • www.jamboreehousing.com Greenleaf Densiiy Bonus Application Letter January 27; 2008 being proposed. Number of bedrooms S uare Foot of Units Number of Units 1 Bedroom 703 S uare Feet 8 Units 1 Bedroom 770 S uare Feet 3 Units 2 Bedrooms 807 S uare Feet 20 Units 2 Bedrooms 907 S uare Feet 7 Units 3 Bedrooms 1005 S uare Feet 11 Units 3 Bedrooms 1140 S uare Feet 4 Units The project also includes a 2,250 square foot resident services center, 1,800 square foot tutoring center, and two tot-lot. Density Bonus Section 18.52.040.020.0202 allows for an increase in allowable density by 35% for projects that have at least 20% of its units for lower income residents. Without the density bonus, Greenleaf Apartments is entitled to 47 units. With the 35% density boost, Greenleaf Apartments can have up to 63 units. Currently, it is proposed that there will be 53 units, 10 less than the maximum allowable under the density bonus. An affordable rental development is proposed. Although the project is anticipated to be 100% affordable to very-low and low incomes, we commit to provide a minimum of 52 units to be affordable, 98% of the total units. The remaining unit, while expected to be an affordable unit, might be used as an unrestricted managers unit. Parking Ratios Due to the physical constraints of the site, meeting the parking requirements under the RM-3 zone district would be infeasible.. Modification to the parking standards is necessary in order to develop an economically viable project. The City of Anaheim Zoning Code Section 18.52 requires that to qualify for the parking ratios allowed under the City's Density Bonus Ordinance, a project must request and comply with Section 18.52.120 "Affordable Rental Housing Development" to be eligible for development incentives that include the reduced parking ratios. Section 18.42.030.0201 requires that RM-3 zoned multiple family residential projects provide parking based on 2.0 spaces per 1 bedroom, -z- Greenleaf Density Bonus Application Letter 2.25 spaces per 2 bedroom, and 3.0 spaces per 3 bedroom unit. This would require a total of 128 parking spaces for the Greenleaf project. A parking reduction consistent with the parking ratios shown under Table 52E (1 space/1 bedroom, 1.5 spaces/2 bedroom, 2 space/3 bedroom) of Section 18.52.070 is requested. This request would reduce the number of required off-street parking from 128 spaces down to 82 spaces, which the current design exceeds. Development Incentives. Due to the highly constrained nature of the site, the following incentives are necessary to develop an economically feasible project that is well designed, includes several amenities, meets the City's minimum parking requirements, and is capable of financially supporting the cost of professional on-site management, Tier 1 Development Incentives: ® Decreased size for fifty percent (50%) of the required trees from twenty four (24) inch box to fifteen (15) gallon. ® Reduction of a required building setback along the North property line to fifty (50) feet. a Reduction of a required building setback .along the South and West property line running along the I-5 soundwall to fifteen (15) feet. o Reduction of a required interior lot line minimum landscape setback along the North property line to five (5) feet. Tier 2 Development Incentives: ® Reduction of the landscape setback along the Southwest property line abutting Interstate-5 to zero (0) feet. o Increase maximum building height to four (4) stories. The following discussion provides an explanation :and/or justification far the need for each Tier 2 development incentive requested. Tier 2 Development Incentive #1 City of Anaheim Zoning Code Section fVo. 18.06.090.010.0102 requires a minimum landscape setback of 15 feet The site presents several challenges in designing a project that can be economically feasible while at the same time meet the applicable development standards. In order to preserve the maximum amount of developable space for the podium structure, fire access needs to be provided around the outside of the building. In accordance with Orange -3- Greanlea~ Density Lonus Application Letier January?9, 2QOR County Fire Authority development standards, a turnaround needs to be provided at the end of the Northern drive aisle. The hammerhead style turnaround is the most compact option offered by the County. However, the issue is that the hammerhead style turnaround that is being provided at Greenleaf encroaches into the landscape setback along the Interstate-5~ sound wall. Because of the orientation of the building and the triangular shape of the site, the hammerhead turn around cannot be shifted out of the setback without causing the project to lose at least three units. The loss of these three units would adversely affect the project by reducing the supportable debt and equity by $1,047,000. Tier 2 Development Incentive #2 City of Anaheim Zoning Code Secfion iVa. 98.52.990.010.0902 allows for an increase in the maximum building height to four (4) stories. In order to provide the maximum number of affordable units to the City of Anaheim while still meeting the minimum units size and public space requirements, a fourth story is required. By adding a fourth story the project gains nine units. With an understanding of the concerns that come with putting taller mult- family buildings adjacent to single family homes, it is being proposed that the Northern most row of apartments be maintained at three stories. This will minimize the concerns over line of sight into people's yards and homes, as well as soften the transition between the different building heights. The addition of these nine units will allow the project to support an additional $2,687,000 of debt and equity. These additional funds will ensure that the construction of this project is feasible, without which it would not be. Professional On-Site Management The project will be operated by a professional property management company, the John Stewart Company ("JSCo"). JSCo is afull-service housing management, development, and consulting organization employing over 1,000 people statewide. Their management portfolio contains over 200 properties, more than 20,000 residential units, and are home to over 65,000 California residents. JSCo provides comprehensive housing management services that reach beyond the traditional -4- Greenleaf Density Bonus Application Letter January 2i, 20p8 management services of maintenance and budgeting, to creating . community environments that foster high levels of physical, social. and emotional well-being among residents. JSCo will maintain a management office onsite and a full time property management professional (40 hours per week) will live in one of the project's units. JSCo will be responsible for the timely and efficient operation and administration of Greenleaf including: o Resident screening for income verification ® Leasing m Negotiation and administration of service contracts ® Financial management including the administration of operating and reserve accounts and preparation and presentation of financial statements o Enforcement of Governing Documents a Maintenance and Repair JSCo manages many affordable housing and special needs communities and is familiar with the regulatory requirements to maintain affordability. Furthermore, they have the experience working with health care and social service organizations that deliver services on-site at the properties they manage. Thank you in advance for your review and consideration of the proposed Greenleaf Apartments and our request for approval of the .aforementioned development incentives. Please contact me at (949) 263-8676 x134 or jokura@jamboreehousing.com should you have any questions or need additional information. Sincerely, JAMBOREE HOUSING CORPORATION U~ John Okura Senior Project Manager -5-