Resolution-PC 2009-023RESOLUTION NO. PC2009-023
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A NEGATNE DECLARATION AND
APPROViNG MISCELLANEOUS CASE NO. 2009-00298
(2748 WEST LINCQLN AVENUE)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Density Bonus Application for certain real property situated in the City of Anaheim, County of
Orange, State of California, shown on ExhibiY "A", attached hereto and incorporated herein by
this reference.
WHEREA3, the Density Bonus Application was submitted in conjunction with a
petition for approval of Reclassification No. 2009-00227 to reclassify the property from the
Geoeral Commercial (C-G) zone to the Multiple-Family Residential (RM-4) zone, consistent
with the General Plan ]and use designation of Medium De~sity Residential; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on February 18, 2009, 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 hear and consider evidence for and against said proposed
De~sity Bonus Application and Reclassification and to invesYigate and make findings and
xecommendations in connecCion therewiCh;
WHEREAS, said Commission, afrer due inspection, investigation and study made
by itself and an its behalf, and afCer due consideraYion of all evideuce and reports offered at said
hearing, does find and determine the following facts:
l. ThaC Che proposed Density Bonus Application to construct a 45-unit affordable
aparCment complex is authorized under Anaheim Municipal Code Seckion 18.52.090 and
inclades one Tier Two ince~tive Por a reductioa in the minimum interior setback requirement
alo~g the east, west, and sonth property lines. A 15-foot landscage and building setback is
required along the east property line and 10 feet is proposed; a 35-foot landscape and building
setback is required along the south property line and 14 feet is proposed; and a 5-foot landscape
setback is required along the west property line and a 2-foot planter is proposed.
2. ThaC granting of the Density Bonus Application under the conditions imposed,
wi11 not be detrimenCal to the healtb and safety of Che ciCizens of Che City of Anaheim and will
provide a land use that is compatible with the scale and character of the existing neighborhood
and nearby land uses.
3. That the affordable hoasing development will preserve the integrity and characCer
of the zoning district and the Genera] Plan.
4. That the affoxdable housing developmenY will be consiste~t with design guidelines
established for affordable housing and will comply with all affordability requirements.
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5. That development ofthe project with the requested development incentive is
subject to implementation of a density bonus housing agreement as defined in Anaheim
Municipal Code Section 18.52.230.
6. That the applicant's pro-forma has demonstrated that the requested incentives
would be necessazy to make the housing units economically feasible.
7. That no one indicated their presence at said public hearing in opposition; and that
one letter of correspondence was received in opposition to the subject petition.
WHEREAS, the Anaheim City Planning Commission has reviewed the proposal
and does hereby find that the Negative Declazation is adequate to serve as the required
environmental documentation in connection with this request; and
BE IT FURTHER RESOLVED that the Anaheim CiTy Plazu~ing Commission, for
the reasons hereinabove stated, does hereby approve Miscellaneous Case No. 2009-00298
subject to the conditions of approval described in E~ibit "B" attached hereto and incorporated
by this reference which are hereby found to be a necessary prerequisite to the proposed use of the
subject property in order to preserve the health, safety and general welfaze of the Citizens of the
City of Anaheim.
BE IT FURTHER RESOLVED, that amendments, modifications and revocations
of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim City 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 declazed 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. Failure to pay all chazges 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 tt~e Planning Commission
meeting of February 18, 2009. 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.
CHAIRMA,N, A~IAHEIM PL~iNNING COMMISSION
1
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ATTEST:
SENIOR ~~RETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on February 18, 2009, by the following vote of the merabers
thereo£
AYES: COMMISSIONERS: AGARWAI., BUFFA, EASTMAN, FAESSEL,
KAR AKI, RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WIIEREOF, I have hereunto set my hand this ~ V~ day of
Mazch, 2009. ~
SECRETARY, ANAHEIM PLANNING COMMISSION
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EXHIBiT "A"
NTISCELLANEOUS NO. 2009-0029$
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EXHIBIT "B"
MISCELLANEOUS QERMIT NO. 2009-00298
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONITORING
PRIOR TO ISSUANCE OFA BUILDING PERMIT
1 All plumbing or other similaz pipes and fixtures located Planning
on the exterior of the building shall be fully screened by
archiCectural devioes and/or appropriate building
materials. Said information shall be specifically shown
on the plans submitted for building permits,
3 All air-conditioning facilities and other ground-mounted Planning
equipment shaU be properly shielded from view and the
sound buffered from adjacent residential properties.
Said informaYion sbail be specifically shown on the plans
submitted for building permiCS.
3 Locations for future above-ground utility devices Planning
inoluding, but not limited to, electrica] transfotmers,
water backflow devices, gas, commanications and cable
devices, eCC., shall be shown on plans submitted for
' building permits. Plans shaA also idenYify the specific
screening treatments of each device (i.e. landscape
screening, color of walls, maYerials, ide~rifiers, access
points, etc.) and shall be subject to the review and
approval of the appropriate City departments.
4 Plans submitted for building permits shall include a note Planning
that on-;oing during project operation no required
parking areas shall be fenced or otherwise enclosed for
outdoor storage uses.
5 The legal property owner shall enter into an Planning
unsubordinated recorded a~reement with the City of
Anaheim pursuant to Cali£omia Government Code
Section 65915 to provide that a minimum of twenty (20)
percent of the total proposed number of residential units
shall be rented as very low income hpusing units as
detlned in Califom3a Govemment Code Section 65915
and with appropriate rental controls as approved by the
CiCy of Anaheim for a period of not less than fifty 6ve
(55) years from the date of issuance of occupancy
permits. A aopy of the recorded covenanC shall be
submitted to the Planning Services Division.
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6 A private water system with separate water service for Public Utilities -
fire protection and domestic water shall be provided. Water
7 Any required relocation of City elecYrica] faailities shall Publ~c Utilities -
be at the developer's expense, with the exception of the Electrical
existing uYility poles along the east property line.
Landscape and/or hardscape screening of all pad-
mounted equipment shall be required and shall be shown '
' on plans submitted for building permits.
8 All backflow equipment shall be located above ground Public Utilities -
outside of the street setback area in a manner fully Water
screened from all public streets. Any backflow
assemblies carrently installed in a vault sball be brought
up to current standards. Any other large water system
equipment sball be installed Co the satisfaeCion of Che
WaCer Engineering Division i~ either uoderground vaults
or outside of the street setback areas in a manner fully
sereened from all public streets and alleys. Said
information shall be shown on plans and approved by
Water Engineering and the Cross Connection Control
IospecCOr before submittal for buildi~g pernuts.
9 Since t6is project has a common landscaping area Public Utilities -
exceeding 2,500 square feet, a separafe irrigation meter ' Water
shall be insYalled aad shall comply with City Ordinance
No. 5349 and Chapter 1019 of Che Anaheim Municipal
Code. Said information shall be shown on plans
submitted for bnilding permits.
l0 The developer shall submiC sCreet improvement plans to Pablic Works
improve Lincoln Avenne, including plaoting and
irrigaCion for the p~blic parkway, to Che Public Works
Department, Development Services Division. The
parkway landscaping strips shall be constructed with the
irrigation connected to the on-site irrigaCion system and
maintained by the property owner. The developer shall
sobmit a bond to guarautee that Che improvements are
constructed prior to final zoning and building
inspections.
] 1 The legal property owner sha11 submit an application for ~ Public Works
a Subdivision Map Act Certificate of Compliance to the
Public Works Department, Development Services
Division. A Certificate of Compliance or Canditional
Certificate of Compliance shall be approved by the City
Engineer and recorded in the O~ce of the County
Recorder.
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12 ' The property owner shall irrevocably offer to dedicate to Public Works
the City of Anaheim an easement sixty (60) feet in width
from Che cenYerline of Yhe street aloug Lincoln Avenue
for street widening purposes.
13 The property owner/developer shall submit to the Public Public Works
Works /Development Services Division, for review and
approval, a Water Qoality Management Plan, as
described in 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 direcdy
connected impervious areas, creating reduced or
"zero discharge" areas, and conserving natural
areas.
• Incorporate applicable Roatine Source Control
BMPs.
• Incorporate Treatment Control BMPs.
Describe the long-term operation and maintenance,
identifies the responsible parties, and funding
mechanisms for the Treatment Control BMPs.
14 The property owner/developer shall: Public Works
o Demonstrate that all structural BMPs described in
the Project WQMP have been constructed and
installed in conformance with approved plans and
specifications.
• DemonsCrate thaC the propeRy owner/developer is
prepared to implement all non-stnictural BMPs
described in the Project WQMP
• Demonstrate that an adequake number of copies of
the approved Project WQMP are available onsite.
Submit for review and approval by the City an Operation
and Maintenance Plan for all structural BMPs.
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
15 Plans submitted for building pemvts shall ioclude a note Public Works
thaz fire lanes shall be posted wiCl~ "No Parking Any
Time" prior to final buildin~ and zoning inspections.
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GENERAL CONDITIONS
16 Any tree planted on-site shail be replaced in a timely Code Enforcement
manner in the event tHaC it is removed, damaged,
diseased and/or dead. That Yhe property shall be
permanently maintained in an orderly fashion by
prouiding regular landscape maintenance, removal of
trash or debris, and removal of graffiti within t~vo (2)
business days from time of discovery.
17 The subject property shall be developed substantially in Planning
accordance with the plans and specifications submitted
to the Ciry of Anaheim by the applicant and which plans
are on file with the Planning Department Exhibit Nos. 1
(Site Plan), 2-4 (Floor Plans), 5(Unit Plans), and 6
(ElevaCions) and as conditioned herein.
18 Approval of this application constitates approval of the Planning
proposed raquest only to Che extent that it complies with
the Anaheim Municipal Zoning Code and any other
applicable Ciry, State and Federal reg~lations. Approval
does not include any action or findings as to compliance
or approval of the request regarding any other applicable
ordinance, regulation or requirement.
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