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Resolution-PC 2010-039RESOLUTION NO. PC2010 -039 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2010 -05484 (DEV2010- 00027) (518— 538 SOUTH ANAHEIM BOULEVARD) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2010- 05484, to construct a 36 unit affordable condominium project with a deviation in zoning development standards and a density bonus, pursuant to Code Section No. 18.06.160 of the Anaheim Municipal Code 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, this property is currently vacant and is located in the I (SABC) (Industrial; South Anaheim Boulevard Corridor Overlay) zone. The Anaheim General Plan designates this property for Low Medium Density Residential land uses; and WHEREAS, Conditional Use Permit No. 2010 -05484 is proposed in conjunction with General Plan Amendment No. 2010 -00479 to redesignate the property from the Low Medium Density Residential to the Medium Density Residential land use designation, Reclassification No. 2010 -00237 to reclassify the property from the I (SABC) to the RM -4 (SABC) zone, and Tentative Tract Map No. 17350 to establish a 2 -lot, 36 unit attached condominium subdivision; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 24, 2010, at 3:30 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 conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. The proposed residential project is properly one for which a conditional use permit is authorized under Code Section 18.06.160. 2. The proposed residential project will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located. The proposed use and density will not have an adverse affect on the surrounding industrial and residential land uses. 3. The size and shape of the site proposed for the residential project is adequate to allow the full development of the proposed use in a manner not detrimental to either the 1 PC2010 -039 particular area or health and safety because there will be adequate parking, recreational areas, privacy, and landscaping to accommodate the proposed density. 4. The traffic generated by the proposed residential project use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the project has been designed to accommodate the required on and off site parking, vehicular circulation, and trash collection. 5. The applicant applied for a density bonus application requesting a parking incentive pursuant to State Law. A total of 64 on -site parking spaces and 15 off -site parking spaces along the new public streets, for a total of 79 spaces, are proposed within, and adjacent to, the subdivisign. State Law requires parking incentives to be granted for projects that provide a minimum of ten percent of the project as affordable units. Four units within the development (10 percent of this project) would be affordable for families of low income; therefore, the project would qualify for the parking reduction permitted by State Law. A minimum of 64 spaces are required for this project under State Law in compliance with Code. Since 64 on -site and 15 off site spaces are provided, for a total of 79 spaces, the project provides adequate parking under state law. 6. As authorized under Code Section 18.06.160, the applicant requests a modification to RM -4 zone development standards pertaining to maximum lot coverage, minimum front and interior setbacks, and building to building setbacks. These modifications can be justified since the amount of recreational space exceeds Code requirements (7,200 s.f. required; 9,966 s.f. proposed), the buildings are well articulated, and the facades are embellished with attractive facade treatments such as decorative front porches. WHEREAS, the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration in connection with Conditional Use Permit No. 2010 -05484 is adequate to serve as the required environmental documentation in connection with this request. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated does hereby approve Conditional Use Permit No. 2010 -05484 to construct a 36 unit affordable condominium project with a deviation in zoning development standards on property located at 518 538 South Anaheim Boulevard as requested by the applicant_ 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) and 18.60.200 (City- Initiated Revocation or Modification of Permits) 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 declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. -2- PC2010 -039 BE IT FURTHER RESOLVED that timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that 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. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 24, 2010. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in theevent of an appeal. 14/ CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2010 -039 STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, Eleanor Morris, 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 May 24, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, BUFFA, FAESSEL, KARAKI, RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 24 day of May, 2010. SECRETARY, ANAHEIM CITY PLANNING COMMISSION 4 PC2010 -039 APNs: 251- 084 -02 251 -084 -03 251 984 -04 (2® so rr c EXHIBIT "A" DEV2010 -00027 5 Source: Recorded Tract Maps andlar City GIS. Please note the accuracy is +1- two to five feet. 10944 PC2010 -039 NO. EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2010-05484 (DEV20110- 00027) CONDITIONS OF APPROVAL REVWW BY PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 1 All plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits. 2 All air- conditioning facilities and other ground mounted equipment shall be properly shielded from view and the sound buffered from adjacent residential properties. Said information shall be specifically shown on the plans submitted for building permits. 3 Locations for future above- ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments. 4 The legal property owner shall enter into an unsubordinated recorded agreement with the City of Anaheim pursuant to California Government Code Section 65915 to provide that a minimum of ten percent of the total proposed number of residential units shall be sold as low income housing units as defined in California Government Code Section 65915 and with appropriate price controls as approved by the City of Anaheim for a period of not less than fifty five (55) years from the date of issuance of occupancy permits. A copy of the recorded covenant shall be submitted to the Planning Services Division. Planning Planning Planning Planning SIGNED OFF BY 6 PC2010 -039 5 Plans submitted for building permits shall include a Planning note that on -going during project operation no required parking areas shall be fenced or otherwise enclosed for outdoor storage uses. 6 All backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback areas in a manner fully screened from all public streets and alleys. Said information shall be shown on plans and approved by Water Engineering and the Cross Connection Control Inspector before submittal for building permits. Planning 7 Electric system plans, electrical panel drawings, site Public Utilities plans, elevation plans, and related technical Electrical drawings and specifications shall be submitted to the Electrical Engineering Division of the Public Utilities Department to establish electrical service. 8 Any required relocation of City electrical facilities Public Utilities shall be provided. Landscape and/or hardscape Electrical screening of all pad mounted equipment shall be required and shall be shown on plans submitted for building permits. 9 A sewer study to determine any sewer capacity Public Works impacts resulting from this project and the related Development required improvements shall be submitted to the Services Public Works /Development Services Division for review and approval. 10 A Water Quality Management Plan (WQMP), as Public Works described in Drainage Area Management Plan for Development Orange County, shall be submitted to the Public Services Works/Development Services Division, for review and approval. Said WQMP shall: Address Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. 7 PC2010 -039 Incorporate applicable Routine 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. 11 The WQMP shall: Public Works Demonstrate that all structural BMPs Development described in the Project WQMP have been Services constructed and installed in conformance with approved plans and specifications. Demonstrate that the property owner /developer is prepared to implement all non- structural BMPs described in the Project WQMP Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 12 All condominium units shall be assigned street addresses by the Building Division. Street names for any new public or private street (if requested by the developer or required by the City) shall be submitted to and approved by the Building Division. 13 On going during project operation, no parking areas Public Works shall be fenced or otherwise enclosed for outdoor Traffic storage purposes. 14 Plans shall be submitted showing stop control at Ellsworth Street and Santa Ana Street. Building Code Enforcement 15 All requests for new water services or fire lines, as Public Utilities well as any modifications, relocations, or Water abandonment of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 8 PC2010 -039 16 All existing water services and fire lines shall Public Utilities conform to current Water Utility Standards. Any Water existing water services that are not approved by the Utility for continued use shall be upgraded to current standards, or abandoned. If the existing services are no longer needed, they shall be abandoned. 17 A water system master plan, including a hydraulic Public Utilities distribution network analysis, shall be submitted for Water Public Utilities Water Engineering review and approval. The master plan shall demonstrate the adequacy of the proposed on -site water system to meet the project's water demands and fire protection requirements. 18 Since this project has a common landscaping area Public Utilities exceeding 2,500 square feet, a separate irrigation Water 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. 19 A detailed water usage analysis and building plans Public Utilities shall be submitted for Public Utilities Water Water Engineering review and approval in determining the adequacy of the existing water system to meet the project's water requirements. Any system improvements shall be done in accordance with Rule No. 15A.6 of the water utility's Rates. Rules and Regulations. 20 Improvement plans shall be submitted to the Public Public Utilities Utilities Water Engineering for review and approval Water in determining the conditions necessary for providing water service to the project. 21 Water improvement plans shall be submitted to the Public Utilities Water Engineering Division for approval and a Water performance bond in the amount approved by the City Engineer and from approved by the City Attorney shall be posted with the City of Anaheim. 22 Individual water service and/or fire line connections Public Utilities shall be required for each parcel or residential unit Water per Rule 18 of the City of Anaheim's Rates, Rules, and Regulations. If a legal association of all the properties served is formed, and recorded with the 9 PC2010 -039 Orange County Recorder, then more than one premise may be served through a single service connection from the public water system. The association's CC &R's shall contain provisions that define the perpetual responsibility for the payment of all water utility service provided and the individual responsibility of all association members. 23 The location of trash and recycle barrels to be Public Works collected on trash collection day, and the storage of Sanitation the barrels, shall be provided in a location acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage areas shall be designed and located inside the garage. Said information shall be specifically shown on the plans submitted for building permits. 24 Excluding model homes, the final map shall be Public Works submitted to and approved by the City of Anaheim Development and the Orange County Surveyor. Services 25 Final colored building elevations and vehicular circulation plans shall be submitted to the Planning Department for Planning Commission review as a "Reports and Recommendations" item. PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS 26 Fire lanes shall be posted with "No Parking Any Time." Said infatuation shall be specifically shown on plans submitted for building permits. Planning 27 The WQMP shall: Public Works Demonstrate that all structural BMPs Development described in the Project WQMP have been Services constructed and installed in conformance with approved plans and specifications. Demonstrate that the property owner /developer is prepared to implement all non structural BMPs described in the Project WQMP Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. Fire 10 PC2010 -039 28 ADA compliant curb access ramps with truncated Public Works domes shall be constructed at Anaheim Development Boulevard/Ellsworth Street in conformance with Services Public Works Standard Detail No. 111 -3. 29 Anaheim Boulevard, Ellsworth Street, and the public Public Works alley shall be constructed per the Public Works Development Department street right of way requirements. Obtain Services a Right -of -Way Construction Permit from the Development Services Division. 30 A stop sign shall be installed and a stop legend shall Public Works be pained on the alley in the northbound direction at Development Santa Ana Street and in the southbound direction at Services Ellsworth Street. 31 The construction of the public alley shall be Public Works completed. The alley easement for the portion Development outside of the property boundary shall be obtained. Services 32 All sewer improvements identified in the sewer study Public Works Development Services shall be completed. 33 A railroad crossbuck sign shall be installed on the Public Works public alley at Santa Ana Street. 34 Any tree planted on -site shall be replaced in a timely 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 regular landscape maintenance, removal of trash or debris, and removal of graffiti within two (2) business days from time of discovery. 35 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 (Conceptual Landscaping), 2 (Solid Waste Management Plan), 3 (Technical Site Plan), 4 (Tentative Tract Map), 5, (Zoning Calculation Plan), 6 (First Floor Plan), 7 (Second Floor Plan), 8 (Third Floor Plan), 9 (Elevations), and as conditioned herein. Traffic GENERAL Code Enforcement Planning 11 PC2010 -039