Resolution-PC 2008-78RESOLUTION NO. PC2008-78
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINING THAT PREVIOUSLY-APPROVED ENVIRONMENTAL IMPACT REPORT
NO. 330 AND ADDENDUM ARE THE APPROPRIATE ENVIRONMENTAL
DOCUMENTATION AND APPROVING AN AMENDMENT TO CONDITIONAL USE
PERMIT NO. 2006-05072 AND AMENDING RESOLUTION NO. PC2006-82
(NORTHEAST CORNER OF OLIVE STREET AND SOUTH STREET)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition
for an amendment to previously-approved CondiYional Use Pem~it No. 2006-05072 in
conjunction witl~ a request for approval of Tentative Tract Map No. 17295 to modify project site
boundaries, Uuilding configuration and streets including a reduction in the Yotal number of
dwelling units from 339 to 270, a modi~cation of development standards to provide a reduced
bufiding setbaclc adjacent to fiiture Public Street A and a Tier Two Inceutive For a reduction in
required parlcing for an affordable single-family attached condonliiuiwi planned unit
development for certain real property in the City of Auaheim, County of Orange, State of
California, shown on Exliibit "A", attached hereto and incorporated herein by this reference.
WHEREAS, on Septeinber 18, 2006, the Ai~aheim City Pla~ming Conamission, by
its Resolution No. PC2006-82, did approve Conditional Use Permit No. 2006-05072 to construct
a 339 wiiY single-family atYached condomiiuum planned unit developinent wiYh modification of
development standards and to relocate a legal nonconforming ground-mounted
Yeleco3mnunications aute~ma; and
WHEREAS, this property is currenfly under constniction, with a portion of the
approved units sold and occupied; and
WHEREAS, the Anaheim General Plan designates tliis property for Low-Mediwn
and Medieml DensiCy Reside~~tial land uses and this property is located in tlie Muitiple-Family
Residential (RM-3 and RM-4) zones; and
WHEREAS, tlie Planning Commission did hold a public liearing at the Civic
Center in tlie City of Anaheim on August 18, 2008, at 2:30 p.m., norice of said public l~earing
13aving been duly given as required by law and in accordance with tlie provisions of the Anaheim
Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed
amendmenY to conditional use permit wit11 a modification of development standards perCaining to
a building setback and a tier two developmenY ince~~tive for a fiirther reduction in required
}~arlcing ai3d to investigate and malce fndings and recomn~endations in connection Cherewith; and
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WHEREAS, said Cominission, after dt~e inspection, investigation and study inade
by itself and ii~ its behalf, and after due consideration of all evidence and reports offered aY said' '"
lieariug, does fnd and determine the following facts:
i. That an amendmenY to the conditional use permit and modi6cation of the required
seYbaclc are permitted under authority of Code Sections 18.60.190 and 18.06.160.030,
resPectively;
2. That an amendment to the condiCiona] use permit to ameiid a previously-approved
conditional use pennit will not adversely affect the adjoining laud uses or the growth and
developme~~t of Che area because a decrease in Che total mmiber of units is proposed sucl~ tl~at Uie
project is less intense tlaan previously approved;
3. That the size and sliape of the site, as amended, is adequate to allow full
development of the proposed use in a manner not deYrimental to tlie particular area nor Yo the
peace, health, safety, uid general welPare because it is substa~~tially consistent with the previous
approval;
4. That granting of Ylie amendment to the eonditional use pem~it under the condiCions
imposed will not be detrimental to the healtl~ and sa~fety of Che citizens of flie City oF P.3iaheim
ai~d wiil provide a land use that is compatible with the surrounding area becatise tlae requested
ameudment would be substantially consisCent wiCh tl~e previo~ts approval;
5. That fhe traffic generated by the developmeut, as amended, will not impose an
iindue burden upo~z the streets a~~d highways designed and improved to cany the traffic in the
area because the amended proposal includes a decrease in the overall number of ttnits;
6. That Che Cier two incentive for a fiirtlier reduction of parlcing is required to provide
affordable l~ousing costs based upon infom~ation contaiued in the financial analysis provided by
the applica~rt aiad reviewed by the Comnninity Development DepartmeilY;
7. That tlte Yier two incentive for a further reduction of parking would not have a
specific adverse impact upon public healtli and safety or on the pliysical environment, or on any
real property tliat is listed in the Califomia Register of Historical Resources, and for which tliere
is no feasible method to satisfactorily mitigate or avoid Yl~e specific adverse impact witlioiit
rendering fhe development tmaffordable to very low, low, lower, or moderate income
housel~olds; and
8. Tlaat no one indicated their presence at said piiblic heari~~g in opposition; and Chat
no con~espondence was received in opposition to tlie suUjecY petition.
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NOW, THEREFORE, BE IT RESOLVED t13at the Anaheiin Planning
Cominission has reviewed flie proposal and does l~ereby find that the previously-approved
Environmenta] Impact Report No. 330 and Addendum approved in connection with Conditional
Use Perntit No. 2006-05072 are adequate to serve as the required eavironmental documentation
in cocuiectio~i with this request.
BE IT FURTHER RESOLVED that tlie Analiei~n Planning Commission Por tlie
reasons hereinabove stated does hereby approve the proposed amendn~ent to Condational Use
Perniit IQo. 2006-05072 and amend, in Yheir entirety, the conditions of approval adopted an
comlection with Flanning Commissio~~ Resolution No. PC2006-8? as dascribed in ExliibiC "B"
attached hereto and incor~~orated by this reference, which are hereby found to be a necessary
prerequisite to the proposed use oFthe subject property in order to preserve the health, saPety and
generll welfare of the Citizens of tl~e City of Anaheii~i. ~
BE IT FURTHER RESOLVED, tllat except as amended herein Planning
Commission Resol~ution No. PC2006-82, remains in fiill force and effect.
BE IT FURTHER RESOLVED Yl~at the Anaheinz Plamiing Cominission does
I~ereUy find a~~d determiize that adopYion of this Resolution is expressly predicated upon applica~~Ys
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 judgmenY of the coLirt of
competentjurisdiction, then this Resolution, and any approvals herein contained, shall Ue deemed
null and void.
AND BE IT FURTHER RESOLVED that the property owner/applicant is
responsiUle for paying all charges related Co t7ie processing of Yhis discretionary case application
within 15 days of flie issuance of the fii~al invoice, prior to tlie issuutce of building permits or
conmiencement ofactivity for tllis project, whicliever occLUS first. Failure Co pay all cl~arges shall
result in delays in Che issuance of required permits or the revocation of the approval of this
application.
THE FOREGOING RESOLUTION was adopted at the Planning Commissioil
naeeting of August 18, 2008. 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
inay be replaced by a CiYy Council Resolution in tl~e event oF an appeal. ~ ~
CHAIl2MAN, Al~.H~IM PLANNIIjiG COMMISSION
ATTES~I I/!/` /" ~./
lti/
SECRETARY, ANAHEIM PLANNING COMMISSION
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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 resoluYion was passed and adopted at a meeting of the,Pmaheim
Planning Coinmission lield on August 18, 2008, by the following vote of the members Yhereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, FAESSEL, I{ARAKI, RAMIREZ,
ROMERO
NOL,S: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: EASTMAN
IN WITNESS WHEREOF, I have hereunto set my l~and this ~_ day of
August, 2008.
SENIOR~$CRETARY, ANAHEIM PLANNING COMMISSION
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EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 2008-05322
~~
~ ~~ .........
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~ ~ ~ Source: Recorded Trad tufeps end/orCity GIS.
Ple ese nMe th e accuracy i s+!- two ta five feet.
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2008-05322
Responsibie for
No. Conditions of Approval Monitorin
PRIOR TO ISSUANCE OF GILADING PERMIT
1 ThaY the applicant s1~a11 submit the revised grading plan to the Public Works
Deparh~zent ofPtiblic Works, Devetopment Services Divisioi~ for
review and approval.
2 That Cl~e applicant shall demonstrate contin~ious coverage tmder Public Works
California's General Perniit for Stonnwater Discharges
Assoaiated wifli Constriiction Activity by providing a copy of the
Notice of batent (I~IOn submitted to the State Water Resources
Control Board and a copy of fhe subsequent notification of the
issuance of a W~ste Discharge Identification (WDID) Numbar.
The applicant sl~all prepare and implement a SConnwater Pollutioia
Prevention Plan (S WPPP). A copy of Yl~e current SWPPP shall be
]cept aY tl~e project site a~zd be available for City review on request.
3 That Che applicant shall submit a revised Drainage St~idy Public Works
prepared by a registered professional Civil Engineer in tlie State
oF California.
4 That Cl~e applica~it shall subjnit to the Public Works Depart~nent Pt~blic Worlcs
Development Services Division for review and approval a revised
Water Quality Management Plan Uiat:
• Addresses Site Design Best Management Practices
(BMPs) sucU as minimizi~~g i~npervioLis areas,
maxiniizing permeability, minlmiziag directly comiected
impervious areas, creating reduced or "zero discharge"
areas, and conserving nahiral areas.
o Incorporates the applicable Routine Source Control BMPs
as defined in the Drai~iage Area Maz~agement Plan.
• I~~corporates Treatment Cantrol BMPs as defined in tl~e
DAMP.
o Describes flie long-tenn operation and maintei~az~ce
requirements for Yhe Treatment Control BMPs.
• Identifies the entity YliaC will be respousible for long-tea-m
operation and inaintenance of the Treatment Contro]
BMPs, and
• Describes Yhe n~echa~~ism for funding tl~e long-tenn
operaCioi7 and maintenance of tl~e Treatment Control
BMPs.
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PRIOR TO ISS UANCE OF A B UILDING PERMIT OR WITHIN ONE YEAR FROM THE
DATE OF THIS RESOL UTION, WAICHEVER OCCURS FIRST
5 That the applicant shall agree to construct affordable uniYs and Cammunity
record in the official records of Orange County, California, an Development
iaiisubordinated density Uon~~s ]~ousing agreement, in a fornt
acceptabie to Yl~e City Attorney a~1d CommuniYy Development
Department, againsY eacli of tl~e affordable units. The
affordaUle units shall be subject to the rec~uirements of tlie
density bonus housing agreement for a period of thirty (30)
years, begimiing on tlle date a certificate of occupancy is
granted for 1he aPfordable units.
6 That the applicant shall submit a revised landscape plazt for Planning
review by tl~e Plam~ing Services Division. Any decision by stafF
may Ue appealed to the Plaiming Commission as a Reports and
Recommendations item.
7 That all air conditioning apparatus and other roof and ground- Planning
mounYed equipnient shall be properly shielded from view and the
sound bufPered fro~n adjacent residential properties and the public
riglit-of-way. Such infom~ation shall be specifically shown on tl~e
pllns sub~niYYed for bi~ilding permits.
8 Prior to issuance of a building perniit, the City of Anaheim Sewer Public Worlcs
Impact Mitigation fee for the Old Towi~/ Basin $ Area shall be
paid.
9 Prior Yo iss~iance of T11e first building permiC, excluding b~iildings Fublic Works
unaffectecl by the revised site plan, the final map shall be
suUmitted to and approved by the City of Anaheim and the
Orange County Surveyor and then sl~all be recorded in the Offce
of Yhe Orange County Recorder (Subdivision Map Act; Section
66499.40).
10 Tl~at a plan sheet for solid waste storage and eollection and a pla~~ P~iblic Wodcs -
for recycling sliall be subniitted to tUe Public Worlcs Department, SYreets and
Streets and Sanitation Division for review and approval. Sanitation
11 That an on-site trash trucl< tiirn-around area shall be mainYained Public Wodcs -
to the satisfacCio~~ of tlie PuUlic Warks Deparhnent, Streets and Streets and
Sanitation Division. Sanitation
i2 Tlaat gates shall not be installed across any driveway or private Public Worlcs -
street in a maiuier which may adversely afFect vehicular traffic Traffic and
on Yhe adjacent puUlic street. I~isYallation of 2ny gates sl~all be Transportation
s~ibject to review and ap~~roval by the City Traffic and
Trai~sportation Manager prior to issuance of a btiilding permii.
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13 That the locaCions for Fiihire above-ground utility devices Public Utilities -
i~~cluding, but not limited to, eleetrieal tru~sformers, water Elactri~cal
baclcflow devices, ~as, communications and cable devices, etc.,
sUall be showa~ on plans submitted for b~~ilding permiYs. Pla~~s
shall also ideniify tlze specific scraening treatments of each device
(i.e. landscape screening, color ofwalls, nraterials, identifiers,
access points, ete.) a~~d shall be sLibjecC to the review and approval
of the appropriate City departments.
14 That all requests for new water services or fire lines, as well as Public Utilities -
any modificatio»s, relocations, or abandomnenY oFexisting water Water
services and fire lines, shall Ue coordinated tluough the Water
Engineeiing Division of the Anaheim Public Utilities DepaRme~~t.
15 That all existing waYer services and fire lines shall eonform to PuUlic Utilifies -
current WaYer Services Stai~dards Specifications. Airy water Water
service and/or fire line that does not meet current sta~~dards sl~all
be upgraded ifcontinued use is necessary or abandoned if tl~e
existing service is no longer ueeded. The owner/developer shall
be responsiUle for lhe costs to upgrade or to abandon any water
~ service or fire line.
16 Tl~at all backflow equipment shall be located above ground Public Utilities -
outs4de of tUe front setback area in a manner fiilly screened from Water
all public streeYS uid alleys. Any backflow assemblies currently
iaistalled in a vault shall be brought up to current standards. Any
otller large water system equipinent shall be installed Co the
satisfaction oFthe Water Engineering Division outside of tlie front
setUack area in a maau~er fully screened from all public street and
alleys. Said infotmation shall be specifically shown on pla~~s and
approved by Water Engineering a~~d Cross Com~ection.Co~atrol
Llspector.
17 Tl~at since this project has iandscaping area exceeding 2,500 Public UCiliYies -
square feet, a separate irrigation meter slaall be installed and Water
comply with City Ordinance No. 5349 and Cl~apter 10.19 of
.Snaheim Municipal Code. Said information shall be specifically
shown on plans sLibmitted for building permits.
18 That, if required, the legal property owner sl~all irrevocably Public Utilities -~
offer to dedicate to the City of Anaheiin (Water Engii~eeriiig Water
Division) a~i EasemenY twenty (20) feeY in width for water
service mains and/or an Easement £or ]arge ineters and other
public water facilities.
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19 ThaY flie developer/owner sl~all siibmit a water system master Public Utilities -
plui, i~acliiding a hydraulic distriUution »etworlc analysis, for Water --
Fublic Utilities Water Engineering review and approvaL The
anaster plan sl~all den~onstrlte the adeqtiacy of the proposed on-
site water system to meet the projecYs water demands and fire
protection require~nenYs.
20 ~ That the developer/o~nnier sl~all submit to the Public Utilities Public UYilities -
WaYer Engineering an estimate of tlie tnaximum fre flow rate Water
and maximum day and peak hour water demands for the project.
Tl~is iuforniation will be tised to detemiiiae the adeGuacy of the
existing water system to provide the estimated water demands.
Any off-site water system improvements required to serve the
project sliall be done iit accordance with Rule No. 15A.6 of tlie
WaYer Utility Rates, Riiles, aud Regulations.
21 That individual water service and/or fire line comiections will Ptiiblic Utilities -
be required for each parcel or residential, commercial, indusirial Water
~mit per Rule i 8 of Cl~e City of Anaheim's Water RaCas, Rules
and Regulations, or a legal association CC&R shall be rec~uired
amoirg separate property owners related to perpetual payment of
all water utility services provided.
22 Tl~at the previously approved Water ImprovemenC Plans for Public Utilities -
Tracts 16994 and 17077 (W-3074) sl~all be revised to reflect tl~e Water
proposed new Uuilding plotting and w~Yer system and submitted
to the PuUlic Utilities Department, Water Engineering Division
for review and approval.
23 That the previottsly approved hydraulic networlc analysis for Public Utilities -
TracYS 1699~ and 17077 shall be revised to reflect the new Water
p~iblic water sysCem network and submitted to tl~e Ptiblic
UYiliYies Departmeiit, Water Engineering Division for review
and approval.
24 That no public water inains shall be located witl~in the proposed Piiblic Utilities -
landscaped Paseo or Private Alley. Water
25 That water looping inside the project is rec~uired. Public Utilities -
Water
26 That the developer shall coordinate wit3~ Anaheim Public Utilities -
Redevelopment Agency on the property to the north to provide, Water
if possible, looping to tlle development to the nortl~.
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PRIOR TO FINAL B UILDING AND ZONING INSPECTIONS
27 That the applicant shall: Public Worl<s -
o Demonstrate U~aC all stnictural BMPs descriUed in the
Revised Project WQMP l~ave been constructed and
insfalled iil confonnance with approved plans and
specifications.
• Demonstrate that the applicant is prepu~ed Yo ianplemenC
all non-structural BMPs described in tl~e Project WQMP
o Demonslrate tl~at an adequate munber of copies of the
approved Project WQMP are availaUle onsite.
• Submif for review and approval by the City an Operation
a~id Maintenance Plan for all strucCural BMPs.
28 Ttiat all existing driveway approaches on South Street shall be PuUlic Worl<s
replaced with curb, ~utter, parlcway la~idscaping and sidewallc.
Ol~taiii a Riglit of Way Construction Pe~niY from tlte
Development Services Division.
29 T1~aY ]a~~dscaping sllall be provided around tl~e above gro~md large Publie Utilities -
meter and fire line to shield from streel vie~v. Water
TLLECOMMUNICATIONS ANTENNA ~
30 `~hat Yhis Yelecommunicarions facility sl~ail be limited to no Planning
more than three (3) seetors with no more tl~an four (4) }~anel
anteruia on each sector and accessory ground-mounted
equipment. Tlte Ywelve (12) anYennas shall be limited to a to an
operating center height of 65 feet. No additional anteruaas or
ec~uipment cabineCs sl~all be pennitted witliout the approval of
Telecommunication Antenna Permit.
31 That the anYemlas sl~adl be finished and painted Yo match the Planning
faux pahn tree.
32 That before activaYing this facility, Che Operator shall submit to Pla~ming
a post-installation test to confirm that the_ facility does not Police
interfere with the CiYy of Anaheim's Public Safety radio
~ equipment. Tllis test shall be conducted Uy the
Communications Division of Cl~e Orange County Sheriffs
Departmeiit or a Division approved contractor at the expense of
Operator.
33 That the Operator shall provide a 24-hour telepl~one i~~imber to Plam~ing
tlie Plamiing Services Division (to be Fonvarded to the Fire ai~d
Palice Deparfinents) to w11icU interference problems may be
reported, and sl~all resolve all interference complaints wiYhin 24
liours
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34 ThaC a~~y required relocation of City electrical facilities shall be P~iblic UYiliYies -
at the petitioner's expense. Landscape and/or landscape Electrical
screening of all pad mocmYed equipment shall lie required and
sliall be specifically shown on plans submittad fo3- building ~~
penlzits.
35 That the applicant sl~all obtain a Rig1iY-of-Way Co»struction Public Works
Pem~it fxonz t]le Public Worlcs Department for any work withii3
the public rigiit-of-way, including buC not limited to installation
of cond~iit, cable, and elech-ical service lines.
GENEIlAL
36 That subject property shall be developed substa~rtially in Pla~ming
accordance with plails and specif cations submitYed to the City
of Anaheim by the peYiYioner and wliich plans are on file with
the Plaiming DepartmenY madced Revisian No. 1 of Exl~ibiY
Nos. 1 and 3 uld Exhibit Nos. 3 tlirougl~ 36, aizd as conditioned
herein.
37 ~ The timing for compliance with conditions of approval n~ay be Planning
anlended by the Planning Director upon a showing oFgood
cause provided (i) eqtiiivalent timialg is establisl~ed Yhat saCisfies
the origi~~al intenC and purpose of Che condition(s), (ii) the
modification complies with the .4naheim Municipal Code and
(iii) the applicant has demonstrated significant ~rogress toward
establislnnent of tlre lise or approved develppanent.
38 ThaY approval ofYltis application constitutes approval oFthe Plannin~
propased request only to the extenY thaY it complies witli the
Analleim Municipal Zoning Code and any oYher applicable City,
Stafe and Federal regulations. Approval does not include any
action or fndings as to compliance or ~pproval of the request
regarding any otller applicable ordina~lce, regulation or
rec~uirement.
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