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PC 2010/05/24H:\TOOLS\PC Admin\PC Agendas\(052410).doc City of Anaheim Planning Commission Agenda Monday, May 24, 2010 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chairman: Panky Romero • Chairman Pro-Tempore: Stephen Faessel • Commissioners: Peter Agarwal, Todd Ament, Kelly Buffa, Joseph Karaki, Victoria Ramirez • Call To Order - 3:30 p.m. • Pledge Of Allegiance • Public Comments • Consent Calendar • Public Hearing Items • Commission Updates • Discussion • Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. A copy of the staff report may be obtained at the City of Anaheim Planning Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planning on Thursday, May 20, 2010, after 5:00 p.m. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Planning Commission using the following e-mail address: planningcommission@anaheim.net 05/24/10 Page 2 of 6 Anaheim Planning Commission Agenda - 3:30 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City 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. Minutes ITEM 1A Receiving and approving the Minutes from the Planning Commission Meeting of April 26, 2010. These minutes have been provided to the Planning Commission and are available for review at the Planning Department. Motion 05/24/10 Page 3 of 6 Public Hearing Items ITEM NO. 2 GENERAL PLAN AMENDMENT NO. 2010-00478 RECLASSIFICATION NO. 2010-00236 CONDITIONAL USE PERMIT NO. 2010-05483 TENTATIVE TRACT MAP NO. 17351 (DEV2010-00026) Owner: Abel Avalos Anaheim Redevelopment Agency 201 S. Anaheim Blvd. Anaheim, CA 92805 Applicant: Cheryl Casanova Brookfield Homes 3090 Bristol Street, Suite 200 Costa Mesa, CA 92626 Location: 407-425 South Anaheim Boulevard The applicant proposes to amend the Land Use Element of the General Plan to redesignate the property from the Mixed Use to the Medium Density Residential land use designation; reclassify the property from the I (SABC) to the RM-4 (SABC) zone; construct a 52 unit affordable condominium project with a deviation in zoning development standards and a density bonus; and establish a 6-lot, 52 unit attached condominium subdivision. Environmental Determination: A Negative Declaration has been prepared to evaluate the potential environmental impacts of this project in accordance with the provisions of the California Environmental Quality Act (CEQA). Resolution No. ______ Resolution No. ______ Resolution No. ______ Resolution No. ______ Project Planner: David See dsee@anaheim.net 05/24/10 Page 4 of 6 ITEM NO. 3 GENERAL PLAN AMENDMENT NO. 2010-00479 RECLASSIFICATION NO. 2010-00237 CONDITIONAL USE PERMIT NO. 2010-05484 TENTATIVE TRACT MAP NO. 17350 (DEV2010-00027) Owner: Abel Avalos Anaheim Redevelopment Agency 201 S. Anaheim Blvd. Anaheim, CA 92805 Applicant: Cheryl Casanova Brookfield Homes 3090 Bristol Street, Suite 200 Costa Mesa, CA 92626 Location: 518-538 South Anaheim Boulevard The applicant proposes to amend the Land Use Element of the General Plan to redesignate the property from the Low Medium Density Residential to the Medium Density Residential land use designation; reclassify the property from the I (SABC) to the RM-4 (SABC) zone; construct a 36 unit affordable condominium project with a deviation in zoning development standards and a density bonus; and establish a 2-lot, 36 unit attached condominium subdivision. Environmental Determination: A Negative Declaration has been prepared to evaluate the potential environmental impacts of this project in accordance with the provisions of the California Environmental Quality Act (CEQA). Resolution No. ______ Resolution No. ______ Resolution No. ______ Resolution No. ______ Project Planner: David See dsee@anaheim.net Adjourn to Monday, June 7, 2010 at 3:30 p.m. 05/24/10 Page 5 of 6 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:30 p.m. May 19, 2010_ (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY 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, Variances, 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 CITY 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. 05/24/10 Page 6 of 6 S C H E D U L E 2010 June 7 June 21 July 7 (Wednesday) July 19 August 2 August 16 August 30 September 13 September 27 October 11 October 25 November 8 November 22 December 6 December 20 I (S A B C ) D E V 2 0 1 0 -0 0 0 2 6 I N D U S T R I A L C -G (S A B C ) A P T S 6 D U C -G (S A B C ) R E T A I L R S -2 D U P L E X I (S A B C ) A U T O R E P A I R I (S A B C ) I N D U S T R I A L R M-3 V A C A N T R M-4 (S A B C ) F O U R P L E X I S F R I V A C A N T I (S A B C ) A U T O R E P A I R R S -2 D U P L E X IRESTAURANTSI C O N D O S I (S A B C ) V A C A N T C -G (S A B C ) R E T A I L I (S A B C ) R E T A I L R M-4 (S A B C ) A P T S 1 9 D U I (S A B C ) S T O R A G E F A C I L I T Y I (S A B C ) A U T O R E P A I R /S E R V I C E R M-4 (S A B C ) A P A R T M E N T S 1 6 D U C -G (S A B C ) R E T A I L C -G C A R W A S H C -G M O R T U A R Y C -G (S A B C ) P A R K I N G L O T R M-4 (S A B C ) D U P L E X R M-4 (S A B C ) A P T S 2 2 D U I (S A B C ) I N D U S T R I A L I (S A B C ) V A C A N T I (S A B C ) V A C A N T R M-4 (S A B C ) 7 D U R M-4 (S A B C ) P A R K V I E W T E R R A C E A P T S 2 4 D U C -G R E L I G I O U S U S E I (M U ) A P A R T M E N T S R M-4 (S A B C ) D U P L E X C -G S E R V I C E S T A T I O N C -G (S A B C ) A P T S 6 D U T (SABC)PARKI (S A B C ) I N D U S T R I A L R M-4 (S A B C ) A P T S 9 D U I S U B S T A T I O N I S F R I S F R I S F R I S F R I S F RRM-3 (S A B C ) I N D U S T R I A L R S -2 S F R RM-3 (SABC)DUPLEXRM-3 (SABC)SFRR S -2 S F R R S -2 S F R I (S A B C ) R E T A I L I (S A B C ) V A C A N T A l p h a (D o w n t o w n A r e a ) R e d e v e l o p m e n t A r e a C o m m e r c i a l /I n d u s t r i a l (S o u t h A n a h e i m B l v d A r e a ) R e d e v e l o p m e n t A r e a C o m m e r c i a l /I n d u s t r i a l (S o u t h A n a h e i m B l v d A r e a ) R e d e v e l o p m e n t A r e a || 2 5 4 '||232' I (S A B C ) I N D U S T R I A L S ANAHEIM BLVDW B R O A D W A Y S LEMON STS CLAUDINA STW E L M S T W S A N T A A N A S T E S A N T A A N A S T E E L L S W O R T H A V E S ZEYN STS CLEMENTINE STS LANDMARK LN5 S. EAST STE . B R O A D W A Y E . L I N C O L N A V E W . B R O A D W A Y S. HARBOR BLVDS. WALNUT STN. HARBOR BLVDS. ANAHEIM BLVDW . L I N C O L N A V E 10943407-425 South Anaheim Boulevard DEV2010-00026 Subject Property APN: 037-022-11 037-022-04 037-022-08 037-022-14 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009 S ANAHEIM BLVDW B R O A D W A Y S LEMON STS CLAUDINA STW E L M S T W S A N T A A N A S T E S A N T A A N A S T E E L L S W O R T H A V E S ZEYN STS CLEMENTINE STS LANDMARK LN5 S. EAST STE . B R O A D W A Y E . L I N C O L N A V E W . B R O A D W A Y S. HARBOR BLVDS. WALNUT STN. HARBOR BLVDS. ANAHEIM BLVDW . L I N C O L N A V E 10943407-425 South Anaheim Boulevard DEV2010-00026 Subject Property APN: 037-022-11 037-022-04 037-022-08 037-022-14 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2010-*** RESOLUTION NO. PC2010-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CEQA NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION AND RECOMMENDING TO THE CITY COUNCIL ADOPTION OF GENERAL PLAN AMENDMENT NO. 2010-00478 PERTAINING TO THE LAND USE ELEMENT (DEV2010-00026) (407–425 SOUTH ANAHEIM BOULEVARD) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for General Plan Amendment 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; and designated on the City of Anaheim General Plan for Mixed Use land uses; and WHEREAS, the Anaheim City Council did adopt the Anaheim General Plan by Resolution No. 69R-644, showing the general description and extent of possible future development within the City; and WHEREAS, on May 25, 2004, the City Council, by its Resolution No. PC2004- 95, adopted a comprehensive update to the General Plan for the City of Anaheim; and WHEREAS, General Plan Amendment No. 2010-00478 proposes to amend the Land Use Element of the Anaheim General Plan as follows: 1. Amend ‘Figure LU-4: Land Use Plan” of the Land Use Element of the General Plan to redesignate the subject property from the Mixed Use land use designation to the Medium Density Residential land use designation as shown on Exhibit “B” attached hereto and incorporated herein by this reference as if set forth in full. WHEREAS, General Plan Amendment No. 2010-00478 is proposed in conjunction with Reclassification No. 2010-00236 to reclassify the property from the I (SABC) to the RM-4 (SABC) zone, Conditional Use Permit No. 2010-05483 to construct a 52 unit affordable condominium project with a deviation in zoning development standards and density bonus, and Tentative Tract Map No. 17351 to establish a 6-lot, 52 unit attached condominium subdivision; and WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, 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, to hear and consider evidence for and against said proposed project actions, including General Plan Amendment No. 2010- 00478, and to investigate and make findings and recommendations in connection therewith; and - 2 - PC2010-*** WHEREAS, said Commission, after due consideration, inspection, investigation and study made by itself, and after due consideration of, and based upon, all evidence and reports offered at said hearing, does hereby find: 1. That the proposed amendment maintains the internal consistency of the General Plan, as the proposed modifications to the General Plan are consistent with Goal 2.1 of the Land Use Element to provide a variety of quality housing opportunities to address the City’s diverse housing needs. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the proposed amendment to the Anaheim General Plan would result in a variety of quality housing opportunities to address the City’s diverse housing needs; and 3. The proposed amendment would maintain the balance of land uses within the City, in that the proposed amendment would provide a variety of quality housing opportunities to address the City’s diverse housing needs and would be consistent with the existing Medium Density Residential designation for the neighboring properties to the west; and 4. That the subject property proposed to be designated to a new land use, as depicted on Attachment A-1, is physically suitable to accommodate the proposed modification, including but not limited to access, physical constraints, topography, provision of utilities, and compatibility with surrounding land uses; and NOW, THEREFORE, BE IT RESOLVED, the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. BE IT FURTHER RESOLVED, that pursuant to the above findings, the Anaheim Planning Commission does hereby recommend that the City Council of the City of Anaheim approve General Plan Amendment No. 2010-00478, unconditionally, as described above. 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 for this project. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. - 3 - PC2010-*** 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. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION 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: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of May, 2010. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2010-*** - 5 - PC2010-*** EXHIBIT “B” [DRAFT] ATTACHMENT NO. 3 - 1 - PC2010-*** RESOLUTION NO. PC2010-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT A CEQA NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING RECLASSIFICATION NO. 2010-00236 (DEV2010-00026) (407– 425 SOUTH ANAHEIM BOULEVARD) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Reclassification for certain real property situated at 407 – 425 South Anaheim Boulevard in the City of Anaheim, County of Orange, State of California, as more particularly described in 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 Mixed Use land uses; and WHEREAS, the applicant requests to reclassify the property from the I (SABC) to the RM-4 (SABC) zone, consistent with the proposed General Plan land use designation of Medium Density Residential in conjunction with General Plan Amendment No. 2010-00478; and WHEREAS, Reclassification No. 2010-00236 is proposed in conjunction with General Plan Amendment No. 2010-00478 to redesignate the subject property from the Mixed Use land use designation to the Medium Density land use designation, Conditional Use Permit No. 2010-05483 to construct a 52 unit affordable condominium project with a deviation in zoning development standards and density bonus, and Tentative Tract Map No. 17351 to establish a 6-lot, 52 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 reclassification and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. Reclassification of the subject property from the I (SABC) to the RM-4 (SABC) zone would be consistent with the proposed Medium Density Residential land use designation on the General Plan. 2. The proposed reclassification of subject property is necessary and/or desirable for the orderly and proper development of the community and is compatible with the - 2 - PC2010-*** properties to the north and east, which are designated for Medium Density Residential and Institutional land uses and zoned I (SABC), respectively. 3. The proposed reclassification of subject property does properly relate to the zones and their permitted uses locally established in close proximity to subject property and to the zones and their permitted uses generally established throughout the community. NOW, THEREFORE, BE IT RESOLVED, the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby unconditionally approve the subject Reclassification to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to exclude the above-described property from the I (SABC) zone and to incorporate said described property into the RM-4 (SABC) zone. BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject property; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole discretion. Final approval of this zoning reclassification shall also be contingent upon City Council approval of General Plan Amendment No. 2010- 00478. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 24 , 2010. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: ___________________________________________________ SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 3 - PC2010-*** 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: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of May, 2010. ___________________________________________________ SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2010-*** [DRAFT] ATTACHMENT NO. 4 - 1 - PC2010-*** RESOLUTION NO. PC2010-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2010-05483 (DEV2010-00026) (407–425 SOUTH ANAHEIM BOULEVARD) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2010-05483, to construct a 52 unit affordable condominium project with a deviation in zoning development standards and 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 Mixed Use land uses; and WHEREAS, Conditional Use Permit No. 2010-05483 is proposed in conjunction with General Plan Amendment No. 2010-00478 to redesignate the property from the Mixed Use to the Medium Density Residential land use designation, Reclassification No. 2010-00236 to reclassify the property from the I (SABC) to the RM-4 (SABC) zone, and Tentative Tract Map No. 17351 to establish a 6-lot, 52 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 - 2 - PC2010-*** 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 96 on-site parking spaces and 26 off-site parking spaces along the new public streets, for a total of 122 spaces, are proposed within the subdivision. State Law requires parking incentives to be granted for projects that provide a minimum of ten percent of the project as affordable units. Six 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 94 spaces are required for this project under State Law in compliance with Code. Since 96 on-site and 26 off- site spaces are provided, for a total of 122 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 (10,400 s.f. required; 17,608 s.f. proposed), the buildings are well articulated, and the facades are embellished with attractive façade 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. 2010-05483 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. 2010-05483 to construct a 52 unit affordable condominium project with a deviation in zoning development standards on property located at 407 – 425 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. - 3 - PC2010-*** 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 the event of an appeal. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2010-*** 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: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of May, 2010. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2010-*** - 6 - PC2010-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2010-05483 (DEV2010-00026) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF 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. Planning 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. Planning 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. Planning 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 5 Plans submitted for building permits shall include Planning - 7 - PC2010-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY a 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 The developer shall coordinate with the Electrical Engineering Division of the Public Utilities Department to establish electrical service requirements and submit electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. Public Utilities- Electrical 8 Any required relocation of City electrical facilities shall be at the developer’s expense. Landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be shown on plans submitted for building permits. Public Utilities- Electrical 9 The property owner/developer shall submit to the Public Works /Development Services Division, for review and approval, a Water Quality 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 directly connected impervious areas, creating reduced or “zero discharge” areas, and conserving natural areas. • Incorporate applicable Routine Source Public Works – Development Services - 8 - PC2010-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 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. 10 The property owner/developer shall: • Demonstrate that all structural BMPs described in the Project WQMP have been 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. Public Works – Development Services 11 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. Building 12 On going during project operation, no parking areas shall be fenced or otherwise enclosed for outdoor storage purposes. Code Enforcement 13 Plans shall be submitted showing stop control for the private street at Elm Street and Santa Ana Street. Public Works – Traffic 14 All requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities- Water 15 All existing water services and fire lines shall conform to current Water Utility Standards. Any Public Utilities- Water - 9 - PC2010-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY existing water services that are not approved by the Utility for continued use shall be upgraded to current standards, or abandoned by the developer. If the existing services are no longer needed, they shall be abandoned by the developer. 16 The developer shall submit a water system master plan, including a hydraulic distribution network analysis, for 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. Public Utilities- Water 17 Since this project has a common landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed and shall comply with City Ordinance No. 5349 and Chapter 10.19 of the Anaheim Municipal Code. Said information shall be shown on plans submitted for building permits. Public Utilities- Water 18 The developer/owner shall provide a detailed water usage analysis and building plans for Public Utilities 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. Public Utilities- Water 19 The developer/owner shall submit improvement plans for Public Utilities Water Engineering review and approval in determining the conditions necessary for providing water service to the project. Public Utilities- Water 20 Water improvement plans shall be submitted to the Water Engineering Division for approval and a 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. Public Utilities- Water 21 Individual water service and/or fire line connections shall be required for each parcel or residential unit per Rule 18 of the City of Anaheim’s Rates, Rules, and Regulations. If the developer forms a legal association of all the Public Utilities- Water - 10 - PC2010-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY properties served, and records it with the 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. 22 The location of trash and recycle barrels to be collected on trash collection day, and the storage of 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. Public Works – Sanitation 23 Excluding model homes, the final map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor. Public Works – Development Services PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS 24 The property owner/developer shall: • Demonstrate that all structural BMPs described in the Project WQMP have been 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. Public Works – Development Services 25 Fire lanes shall be posted with “No Parking Any Time.” Said information shall be specifically shown on plans submitted for building permits. Fire - 11 - PC2010-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 26 ADA compliant curb access ramps with truncated domes shall be constructed at Anaheim Boulevard/Elm Street, Anaheim Boulevard/Santa Ana Street, and both sides of the private street “A” in conformance with Public Works Standard Detail No. 111-3. Public Works – Development Services 27 Anaheim Boulevard, Elm Street, Santa Ana Street, and the private road “A” shall be improved per the Public Works Department street right of way requirements. Obtain a Right-of-Way Construction Permit from the Development Services Division. Public Works – Development Services 28 A stop sign shall be installed and a stop legend shall be painted on the private street in the northbound direction at Elm Street and in the southbound direction at Santa Ana Street. Public Works – Development Services GENERAL 29 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. Code Enforcement 30 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. Planning [DRAFT] ATTACHMENT NO. 5 -1- PC2010-*** RESOLUTION NO. PC2010-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING TENTATIVE TRACT MAP NO. 17351 (DEV2010-00026) (407 – 425 SOUTH ANAHEIM BOULEVARD) WHEREAS, the Planning Commission did receive a verified Petition for A Tentative Tract Map to establish a 6-lot, 52 unit attached condominium subdivision, for that certain real property situated in the City of Anaheim, County of Orange, State of California, as more particularly described in Exhibit “A” attached hereto and incorporated herein by this reference; and 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 Mixed Use land uses; and WHEREAS, Tentative Tract Map No. 17351 is proposed in conjunction with General Plan Amendment No. 2010-00478 to redesignate the property from the Mixed Use to the Medium Density Residential land use designation, Reclassification No. 2010-00236 to reclassify the property from the I (SABC) to the RM-4 (SABC) zone, and Conditional Use Permit No. 2010-05483 to construct a 52 unit affordable condominium project with a deviation in zoning development standards and density bonus; 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 amendment to Tentative Tract Map No. 17351, as described above, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed subdivision, including its design and improvements, is consistent with the proposed Medium Density Residential land use designation in the Anaheim General Plan and the development standards contained in the RM-4 (Multiple Family Residential) zone. 2. That the site is physically suitable for the type and density of the proposed industrial subdivision. 3. That the design of the subdivision is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, as the site is currently vacant and no sensitive environmental habitat has been identified. -2- PC2010-*** 4. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems, as the site is currently vacant and 52 residential units will be constructed on the property in compliance with Code requirements. 5. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. WHEREAS, the Planning Commission has reviewed the proposal and does hereby find and determine that the Negative Declaration is adequate to serve as the required environmental documentation in connection with this request. NOW BE IT FURTHER RESOLVED that the Planning Commission does hereby approve Tentative Tract Map 17351, to read as shown in Exhibit “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 welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED that the 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 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 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. 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 the event of an appeal. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2010-*** 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: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of May, 2010. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2010-*** -5- PC2010-*** EXHIBIT “B” TENTATIVE TRACT MAP NO. 17351 NO CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO FINAL MAP APPROVAL 1 A maintenance covenant shall be submitted to the Public Works Department, Development Services Division and approved by the City Attorney's office. The covenant shall include provisions for maintenance of private facilities, including compliance with approved Water Quality Management Plan, and a maintenance exhibit. Maintenance responsibilities shall include parkway landscaping and irrigation on Elm Street, Anaheim Boulevard, and Santa Ana Street and the private street. The covenant shall be recorded concurrently with the final map. Public Works – Development Services 2 All existing structures shall be demolished. Demolition permits shall be obtained from the Building Division. Public Works – Development Services Building 3 The legal property owner shall execute a Subdivision Agreement, in a form approved by the City Attorney, to complete the required public improvements in areas not covered under the Cooperation Agreement between the city of Anaheim and the Anaheim Redevelopment Agency at the legal property owner’s expense. Said agreement shall be submitted to the Public Works Department, Subdivision Section, approved by the City Attorney and City Engineer and then recorded concurrently with the final map. Public Works – Development Services 4 Street improvement plans shall be submitted to the Public Works Department for improvements along the frontages of Elm Street, Santa Ana Street, Anaheim Boulevard, and the private street Improvements shall conform to the Greater Downtown Anaheim Guideline and approved by the City Engineer. Prior to the issuance of a building permit, a bond shall be posted in an Public Works – Development Services -6- PC2010-*** amount approved by the City Engineer and in a form approved by the City Attorney. 5 The legal property owner shall irrevocably offer to dedicate to the City of Anaheim (Water Engineering Division) an easement twenty (20) feet in width for water service mains and/or an easement for large meters and other public water facilities. Public Utilities- Water 6 That the property owner shall provide the City of Anaheim Electrical Engineering Division of the Public Utilities Department with a public utilities easement to be determined as electrical design is completed. Public Utilities- Electrical 7 The final map shall be submitted to the City of Anaheim Department of Public Works and the Orange County Surveyor for technical review and verified that all applicable conditions of approval have been complied with and then shall be recorded in the Office of the Orange County Recorder. Public Works – Development Services 8 The property owner shall irrevocably offer to dedicate to the City of Anaheim the easements per street right-of-way section herein for streets, public utilities and other public purposes. Corner cut-off dedication at Anaheim Boulevard and Ellsworth Avenue is required. Public Works – Development Services GENERAL CONDITIONS 9 Subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit No. 1 (Tentative Tract Map), and as conditioned herein. Planning DENSITY BONUS MEMORANDUM WITH COMMUNITY DEVELOPMENT AFFORDABLE FOR-SALE HOUSING DEVELOPMENT Date of this Agreement: May 19, 2010 Developer Name: Brookfleld Homes Developer Address: 3090 Bristol Street, Suite 200, Costa Mesa, CA 92626 Project Address: 407 – 425 South Anaheim Boulevard, Anaheim, CA 92805 Name of Development: Anaheim Boulevard West Number of Units: Total units 52 Affordable units Low Income Type of Development: 52 Condominiums/Townhomes 10% Affordable Program: Density Bonus XX The City of Anaheim may grant a density bonus and other incentives (collectively referred to as a “Density Bonus”) for an Affordable For-Sale Housing Development, pursuant to Chapter 4, Section 65915 of the California Government Code and Title 18, Chapter 18.52 of the Anaheim Municipal Code. Upon approval of a Density Bonus, the City of Anaheim shall enter into a Density Bonus Housing Agreement with the developer and/or owner (hereinafter referred to as ‘Developer”) of the Affordable For-Sale Housing Development pursuant to the requirements listed of Chapter 18.52. This Density Bonus Memorandum with Community Development, executed by the Developer and the Anaheim Community Development Department, shall serve as a memorandum acknowledging the basic terms that will be included in the Density Bonus Housing Agreement and shall be submitted to the Planning Department by the Developer at the same time the Developer applies for the Density Bonus. Prior to final map approval, or where a map is not being processed, prior to the issuance of any grading or building permits for an Affordable For-Sale Housing Development, the Developer shall execute and record against the parcel or parcels designated for the construction of affordable units a Density Bonus Housing Agreement, and if required by the Density Bonus Housing Agreement, a declaration of covenants, conditions, and restrictions (“CC&R’s”) that sets forth the terms and conditions of approval of said Density Bonus. The Density Bonus Housing Agreement/CC&Rs shall be binding on the Developer and all future owners and successors in interest thereof. Developer acknowledges that the Density Bonus Housing Agreement/CC&R’s will include, but not be limited to, the following terms and conditions: 1. That at least six (6) of the total number of units, 10% of 52 units, shall be Affordable Housing Units. Affordable Housing Units shall consist of any unit for which an initial sale: a) Is made to a Low Income Household, ATTACHMENT NO. 6 b) at an Affordable Housing Cost, c) to a household receiving assistance under any of Anaheim’s Homebuyer Downpayment Assistance Programs. Affordable Housing Units shall have sales price restrictions as follows: two (2) of the approximately seven hundred twenty-one (721) square foot Plan I townhomes shall be sold at prices not to exceed Two Hundred Seventy-Two Thousand Dollars ($272,000); and four (4) of the approximately one thousand forty-nine (1,049) square foot Plan 2 townhomes shall be sold at prices not to exceed Three Hundred Twenty-Nine Thousand Nine Hundred Dollars ($329,900). Household income limits for Low Income Households (51%-80% of the area median income for Orange County, adjusted for appropriate household size) are as established by the California Department of Housing and Community Development (HCD). The Affordable Housing Cost for Low Income Households shall be calculated as the product of 30% times 70% of the area median income for Orange County adjusted for the household size appropriate for the unit (Health & Safety Code Section 50052.5(b)(4). Household size appropriate to the unit is the number of bedrooms plus one as derived from the standards of California Redevelopment Law. Qualification of prospective Low Income households shall be based on actual- household income limits. 2. That the affordable units shall be constructed concurrently with other units unless both the City and the applicant agree within the Density Bonus Housing Agreement to an alternative schedule for development. 3. That the affordable units shall be interspersed throughout the Affordable For-Sale Housing Development. 4. That the term of affordability shall be for a minimum period of thirty (30) years, or a longer period of time if required by a construction or mortgage financing assistance program, mortgage insurance program, or law. 5. That the Occupancy of each unit in the Affordable For-Sale Housing Development shall not exceed two (2) persons per bedroom plus one (1) person. 6. That the Housing Services Agency shall be afforded a first right of refusal in referring eligible buyers to affordable units: a) Low-Income Households who have been displaced from their residences due to programs or projects implemented by the Anaheim Community Development Department; b) Low-Income Households who have applied for and have received homebuyer (financial) assistance from the Housing Services Agency; c) Low-Income Households who are listed on the Housing Services Agency’s waiting list for affordable housing and who live and/or work in Anaheim; and d) Low-Income Households who live and/or work in Anaheim. 7. That the owner of the Affordable For-Sale Housing Development agrees to comply with all reporting requirements under the Affordable Housing Development Program. By signing and returning this Density Bonus Memorandum with Community Deveopment, as the Developer and owner of the Affordab’e ForSale Housing Development, I concur and agree to all of the terms and conditions set forth above and agree to execute a Density Bonus Housing Agreement. __________________________ ________________ John O’Brien, Brookfield Homes Date Receipt Ackowledged: By: ________________________ ________________ Abel Avalos Date Redevelopment Manager PROJECT SUMMARY CONDITIONAL USE PERMIT NO. 2010-05483 Development Standard Proposed Project RM-3 Standards Site Area 2 acres N/A Density 26 du/ac 36 du/ac max. Recreational Leisure Area 10,400 s.f. min. 17,608 s.f. Parking 96 on-site 122 total 26 off-site 94** Landscaping and Building Setbacks *** 10 feet North 10 feet South 10 feet East 10 feet West 15 feet 15 feet 20 feet 20 feet Building Height 38 feet 40 feet ** An affordable housing parking incentive is allowed per Code Section 18.52.100. *** Modification to setback standards is allowed in order to achieve good project design, privacy, livability, and compatibility with surrounding land uses. ATTACHMENT NO. 7 SITE PHOTOS CUP2010-05483 ATTACHMENT NO. 8 ATTACHMENT NO. 9 05/19/2010 1/8” = 1’-0” 1 BRICK ELEVATIONS FRONT ELEVATION SIDE ELEVATION 05/19/2010 1/8” = 1’-0” 2 STUCCO ELEVATIONS FRONT ELEVATION SIDE ELEVATION 03/03/2010 1/8” = 1’-0” 1 FIRST FLOOR MOTOR COURT ALLEY PLAN 6 3 BD - 2½ BA 1790 S.F. 2-CAR GARAGE SIDE BY SIDE PLAN 7 3 BD - 3½ BA 1880 S.F. 2-CAR GARAGE SPLIT PLAN 6 3 BD - 2½ BA 1790 S.F. 2-CAR GARAGE SIDE BY SIDE PLAN 7 3 BD - 3½ BA 1880 S.F. 2-CAR GARAGE SPLIT 135’ - 8”144’ - 8”RAMP 72’ @ 2%U E PLAN 6 GARAGE 20’ x 23’ PLAN 7 GARAGE 11’-6” x 24’ PLAN 7 GARAGE 22’ x 11’ PLAN 1 GARAGE 23’ x 11’ PLAN 2 GARAGE 23’ x 11’ PLAN 4 TANDEM GARAGE 40’-6” x 11’ PLAN 3 TANDEM GARAGE 48’ x 11’ PLAN 5 GARAGE 24’-6” x 20” PLAN 5 GARAGE 20’ x 23’ PLAN 3 TANDEM GARAGE 42’ x 11’ KITCHEN LIVING 15’ x 17’ ENTRY FOYER BEDRM 3 14’-6” x 13’-6” BATH U ELEV ELEV LOBBY LOBBY PDR UP UP UP PATIO UE PLAN6 GARAGE 20’ x 23’ PLAN 7 GARAGE 11’-6” x 24’ PLAN 7 GARAGE 22’ x 11’ PLAN 1 GARAGE 23’ x 11’ PLAN 2 GARAGE 23’ x 11’ PLAN 4 TANDEM GARAGE 40’-6” x 11’ PLAN 3 TANDEM GARAGE 48’ x 11’ PLAN 5 GARAGE 24’-6” x 20” PLAN 5 GARAGE 20’ x 23’ PLAN 3 TANDEM GARAGE 42’ x 11’ KITCHENLIVING 15’ x 17’ ENTRY FOYER BEDRM 3 14’-6” x 13’-6” BATH U ELEV ELEV LOBBY LOBBY PDR UP UP UP PATIO 03/03/2010 1/8” = 1’-0” 2 SECOND FLOOR BDRM 2 11’ x 13’-6” M BATH M BATH M BATH MASTER BDRM 14’ x 13’-6” MASTER BDRM 12’ x 15’ MASTER BDRM 12’ x 14’-6” KITCHEN DINING 11’ x 11’TER 11’ x 9’-6” 104 sf TER 10’ x 10’-6” 105 sf TER 11’ x 9’ 99 sf TER 10’ x 9’-6” 95 sf KITBDRM 3 11’ x 11’ BDRM 2 11’ x 11’ BDRM 2 11’ x 11’E E PDR ELEV ELEV BA 2 W.I.C. W.I.C. W.I.C. BA 2 BA2 DN UP DN LIVING 14’ x 13’-6” LIVING 16’ x 15’-6” LIVING 14’ x 12’ DINING 15’-6” x 11’ M. BATH MASTER BDRM 13’ x 13’-6” FLEX 16’ x 11’-6” E DECK 7’ x 11’-6” 80 sf BATHBDRM 2 11’-6” x 11’-6” LIVING 16’-’6” x 15’-6” KITCHEN/ DINING KITCHEN/ DINING PLAN 3 2 BD - 2 BA 1196 S.F. 2-CAR GARAGE TANDEM PLAN 4 2 BD + FLEX 2 BA 1436 S.F. 2-CAR GARAGE TANDEM PLAN 5 3 BD - 2 BA 1470 S.F. 2-CAR GARAGE SIDE BY SIDE W.I.C. UP DN BDRM 2 11’ x 13’-6” M BATH M BATH M BATH MASTER BDRM 14’ x 13’-6” MASTER BDRM 12’ x 15’ MASTER BDRM 12’ x 14’-6” KITCHEN DINING 11’ x 11’TER 11’ x 9’-6” 104 sf TER 10’ x 10’-6” 105 sf TER 11’ x 9’ 99 sf TER 10’ x 9’-6” 95 sf KIT BDRM 3 11’ x 11’ BDRM 2 11’ x 11’ BDRM 2 11’ x 11’E E PDR ELEV ELEV BA 2 W.I.C. W.I.C. W.I.C. BA 2 BA2 DN UP DN LIVING 14’ x 13’-6” LIVING 16’ x 15’-6” LIVING 14’ x 12’ DINING 15’-6” x 11’ M. BATH MASTER BDRM 13’ x 13’-6” FLEX 16’ x 11’-6” E DECK 7’ x 11’-6” 80 sf BATH BDRM 2 11’-6” x 11’-6” LIVING 16’-’6” x 15’-6” KITCHEN/ DINING KITCHEN/ DININGPLAN 3 2 BD - 2 BA 1196 S.F. 2-CAR GARAGE TANDEM PLAN 4 2 BD + FLEX 2 BA 1436 S.F. 2-CAR GARAGE TANDEM PLAN 5 3 BD - 2 BA 1470 S.F. 2-CAR GARAGE SIDE BY SIDE W.I.C. UP DN PLAN 6 3 BD - 2½ BA 1790 S.F. 2-CAR GARAGE SIDE BY SIDE PLAN 7 3 BD - 3½ BA 1880 S.F. 2-CAR GARAGE SPLIT PLAN 6 3 BD - 2½ BA 1790 S.F. 2-CAR GARAGE SIDE BY SIDE PLAN 7 3 BD - 3½ BA 1880 S.F. 2-CAR GARAGE SPLIT 03/03/2010 1/8” = 1’-0” 3 THIRD FLOOR PLAN 3 2 BD - 2 BA 1196 S.F. 2-CAR GARAGE TANDEM PLAN 2 1 BD + FLEX 1½ BA 1162 S.F. 1-CAR GARAGE PLAN 5 3 BD - 2 BA 1470 S.F. 2-CAR GARAGE SIDE BY SIDE PLAN 1 1 BD - 1 BA 910 S.F. 1-CAR GARAGE 832 MASTER BDRM 14’-6” x 12’-6” E P ELEV FLEX 10’-6” x 12’ BATH LIVING 14’-6” x 14’ KITCHEN/ DINING DECK 13’ x 11’ 143 sf BDRM 3 10’-4” x 11’ BDRM 2 11’ x 13’ M BATH MSTR BDRM 13’-6” x 12’-6” TER 10’ x 11’-6” 115 sf DECK 11’ x 6’-6” 69 sf MASTER BDRM 13’-6” x 14’ PDRBA BA2 LIVING 13’-8” x 14’ KITCHEN/ DINING M BATH M BATH MASTER BDRM 12’ x 15’ MASTER BDRM 12’ x 14’-6” TER 11’ x 9’ 99 sf TER 10’ x 9’-6” 95 sf KITBDRM 1 11’ x 11’ BDRM 2 11’ x 11’ BDRM 2 11’ x 11’ E E ELEV BA 1 W.I.C. W.I.C. W.I.C. SERV W.I.C. BA 1 LIVING 16’x 15’-6” LIVING 14’ x 12’ DINING 15’-6” x 11’ KITCHEN/ DINING DN DN E PLAN 3 2 BD - 2 BA 1196 S.F. 2-CAR GARAGE TANDEM PLAN 2 1 BD + FLEX 1½ BA 1162 S.F. 1-CAR GARAGE PLAN 5 3 BD - 2 BA 1470 S.F. 2-CAR GARAGE SIDE BY SIDE PLAN 1 1 BD - 1 BA 910 S.F. 1-CAR GARAGE 832 MASTER BDRM 14’-6” x 12’-6” E P ELEV FLEX 10’-6” x 12’ BATH LIVING 14’-6” x 14’ KITCHEN/ DINING DECK 13’ x 11’ 143 sf BDRM 3 10’-4” x 11’ BDRM 2 11’ x 13’ M BATH MSTR BDRM 13’-6” x 12’-6” TER 10’ x 11’-6” 115 sf DECK 11’ x 6’-6” 69 sf MASTER BDRM 13’-6” x 14’ PDR BA BA2 LIVING 13’-8” x 14’ KITCHEN/ DINING M BATH M BATH MASTER BDRM 12’ x 15’ MASTER BDRM 12’ x 14’-6” TER 11’ x 9’ 99 sf TER 10’ x 9’-6” 95 sf KIT BDRM 1 11’ x 11’ BDRM 2 11’ x 11’ BDRM 2 11’ x 11’ E E ELEV BA 1 W.I.C. W.I.C. W.I.C. SERV W.I.C. BA 1 LIVING 16’x 15’-6” LIVING 14’ x 12’ DINING 15’-6” x 11’ KITCHEN/ DINING DN DN E PLAN 6 3 BD - 2½ BA 1790 S.F. 2-CAR GARAGE SIDE BY SIDE PLAN 6 3 BD - 2½ BA 1790 S.F. 2-CAR GARAGE SIDE BY SIDE SQ. FT. ACREAGEA PRIVATE ALLEY 10,007 0.231 RESIDENTIAL 6,178 0.142 RESIDENTIAL 7,159 0.163 RESIDENTIAL 25,031 0.574 RESIDENTIAL 7,237 0.175 RESIDENTIAL 25,162 0.586 RESIDENTIAL 6,193 0.14STREET DEDICATION 15,027 0.34TOTAL 101,994 2.00PROPOSED LAND USELOT NUMBER LOT AREA 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. IDEV2010-00027VACANTRM-3 (SABC)DUPLEXI (S A B C ) I N D U S T R I A L I (S A B C ) I N D U S T R I A L I (S A B C ) V A C A N T I R E S T A U R A N T S I (S A B C ) R E T A I L RM-3 (SABC)FOURPLEXR S -2 S F R RS-2 (SABC)SFRI S F R R S -2 D U P L E X C -G (S A B C ) R E T A I L I (S A B C ) I N D U S T R I A L R M -4 (S A B C ) D U P L E X I C O N D O S R M -4 (S A B C ) A P A R T M E N T S 1 6 D U R S -2 D U P L E X R S -2 S F R R S -2 S F R I (S A B C ) I N D U S T R I A L I I N D U S T R I A L I (S A B C ) I N D U S T R I A L R S -3 S F R I (S A B C ) V A C A N T C -G (S A B C ) R E T A I L R S -3 S F R R S -3 S F R I (M U ) A P A R T M E N T S R M -4 (S A B C ) A P T S 1 2 D U I (S A B C ) R E T A I L R S -2 S F R I (S A B C ) A U T O R E P A I R I (S A B C ) S U B S T A T I O N I (S A B C ) I N D U S T R I A L R S -3 S F R I (S A B C ) R E T A I L R M -3 V A C A N T I S F R I S F R I S F R R S -3 S F R R S -3 S F R R S -3 S F R R S -3 S F RRS-2 S F R I (S A B C ) I N D U S T R I A L ||311' C o m m e r c i a l /I n d u s t r i a l (S o u t h A n a h e i m B l v d A r e a ) R e d e v e l o p m e n t A r e a C o m m e r c i a l /I n d u s t r i a l (S o u t h A n a h e i m B l v d A r e a ) R e d e v e l o p m e n t A r e a C o m m e r c i a l /I n d u s t r i a l (S o u t h A n a h e i m B l v d A r e a ) R e d e v e l o p m e n t A r e a I (S A B C ) V A C A N T || 1 4 2 'S ANAHEIM BLVDS CLAUDINA STE W A T E R S T E S A N T A A N A S T W W A T E R S T E E L L S W O R T H A V E S ZEYN STW E L M S T S LEMON STS EMILY STW S AN T A A N A S T S PHILADELPHIA STS CLAUDINA STS LANDMARK LN5 S. EAST STE . B R O A D W A Y E . L I N C O L N A V E W . L I N C O L N A V E W . B R O A D W A Y S. WALNUT STS. HARBOR BLVDS. ANAHEIM BLVD10944518-538 South Anaheim Boulevard DEV2010-00027 Subject Property APN: 251-084-02 251-084-03 251-084-04 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009 S ANAHEIM BLVDS CLAUDINA STE W A T E R S T E S A N T A A N A S T W W A T E R S T E E L L S W O R T H A V E S ZEYN STW E L M S T S LEMON STS EMILY STW S AN T A A N A S T S PHILADELPHIA STS CLAUDINA STS LANDMARK LN5 S. EAST STE . B R O A D W A Y E . L I N C O L N A V E W . L I N C O L N A V E W . B R O A D W A Y S. WALNUT STS. HARBOR BLVDS. ANAHEIM BLVD10944518-538 South Anaheim Boulevard DEV2010-00027 Subject Property APN: 251-084-02 251-084-03 251-084-04 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2010-*** RESOLUTION NO. PC2010-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CEQA NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION AND RECOMMENDING TO THE CITY COUNCIL ADOPTION OF GENERAL PLAN AMENDMENT NO. 2010-00479 PERTAINING TO THE LAND USE ELEMENT (DEV2010-00027) (518– 538 SOUTH ANAHEIM BOULEVARD) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for General Plan Amendment 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; and designated on the City of Anaheim General Plan for Low Medium Density Residential land uses; and WHEREAS, the Anaheim City Council did adopt the Anaheim General Plan by Resolution No. 69R-644, showing the general description and extent of possible future development within the City; and WHEREAS, on May 25, 2004, the City Council, by its Resolution No. PC2004- 95, adopted a comprehensive update to the General Plan for the City of Anaheim; and WHEREAS, General Plan Amendment No. 2010-00479 proposes to amend the Land Use Element of the Anaheim General Plan as follows: 1. Amend ‘Figure LU-4: Land Use Plan” of the Land Use Element of the General Plan to redesignate the subject property from the Low Medium Density Residential land use designation to the Medium Density land use designation as shown on Exhibit “B” attached hereto and incorporated herein by this reference as if set forth in full. WHEREAS, General Plan Amendment No. 2010-00479 is proposed in conjunction with Reclassification No. 2010-00236 to reclassify the property from the I (SABC) to the RM-4 (SABC) zone, Conditional Use Permit No. 2010-05483 to construct a 52 unit affordable condominium project with a deviation in zoning development standards and density bonus, and Tentative Tract Map No. 17351 to establish a 6-lot, 52 unit attached condominium subdivision; and WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, 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, to hear and consider evidence for and against said proposed project actions, including General Plan Amendment No. 2010- 00479, and to investigate and make findings and recommendations in connection therewith; and - 2 - PC2010-*** WHEREAS, said Commission, after due consideration, inspection, investigation and study made by itself, and after due consideration of, and based upon, all evidence and reports offered at said hearing, does hereby find: 1. That the proposed amendment maintains the internal consistency of the General Plan, as the proposed modifications to the General Plan are consistent with Goal 2.1 of the Land Use Element to provide a variety of quality housing opportunities to address the City’s diverse housing needs. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the proposed amendment to the Anaheim General Plan would result in a variety of quality housing opportunities to address the City’s diverse housing needs; and 3. The proposed amendment would maintain the balance of land uses within the City, in that the proposed amendment would provide a variety of quality housing opportunities to address the City’s diverse housing needs and would be consistent with the Low Medium Density Residential and Institutional designations for the adjacent properties; and 4. That the subject property proposed to be designated to a new land use, as depicted on Attachment A-1, is physically suitable to accommodate the proposed modification, including but not limited to access, physical constraints, topography, provision of utilities, and compatibility with surrounding land uses; and NOW, THEREFORE, BE IT RESOLVED, the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. BE IT FURTHER RESOLVED, that pursuant to the above findings, the Anaheim Planning Commission does hereby recommend that the City Council of the City of Anaheim approve General Plan Amendment No. 2010-00479, unconditionally, as described above. 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 for this project. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. - 3 - PC2010-*** 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. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION 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: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of May, 2010. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2010-*** - 5 - PC2010-*** EXHIBIT “B” [DRAFT] ATTACHMENT NO. 3 - 1 - PC2010-*** RESOLUTION NO. PC2010-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT A CEQA NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING RECLASSIFICATION NO. 2010-00237 (DEV2010-00027) (518– 538 SOUTH ANAHEIM BOULEVARD) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Reclassification for certain real property situated at 518 – 538 South Anaheim Boulevard in the City of Anaheim, County of Orange, State of California, as more particularly described in 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, the applicant requests to reclassify the property from the I (SABC) to the RM-4 (SABC) zone, consistent with the proposed General Plan land use designation of Medium Density Residential in conjunction with General Plan Amendment No. 2010-00479; and WHEREAS, Reclassification No. 2010-00237 is proposed in conjunction with General Plan Amendment No. 2010-00478 to redesignate the subject property from the Mixed Use land use designation to the Medium Density land use designation, Conditional Use Permit No. 2010-05483 to construct a 52 unit affordable condominium project with a deviation in zoning development standards and density bonus, 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 reclassification and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. Reclassification of the subject property from the I (SABC) to the RM-4 (SABC) zone would be consistent with the proposed Medium Density Residential land use designation on the General Plan. 2. The proposed reclassification of subject property is necessary and/or desirable for the orderly and proper development of the community and is compatible with the - 2 - PC2010-*** properties to the south, west, and east, which are designated for Low Medium Density Residential and Institutional land uses and zoned I (SABC), respectively. 3. The proposed reclassification of subject property does properly relate to the zones and their permitted uses locally established in close proximity to subject property and to the zones and their permitted uses generally established throughout the community. NOW, THEREFORE, BE IT RESOLVED, the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby unconditionally approve the subject Reclassification to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to exclude the above-described property from the I (SABC) zone and to incorporate said described property into the RM-4 (SABC) zone. BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject property; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole discretion. Final approval of this zoning reclassification shall also be contingent upon City Council approval of General Plan Amendment No. 2010- 00479. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 24 , 2010. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: ___________________________________________________ SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 3 - PC2010-*** 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: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of May, 2010. ___________________________________________________ SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2010-*** [DRAFT] ATTACHMENT NO. 4 - 1 - PC2010-*** RESOLUTION NO. PC2010-*** 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 - 2 - PC2010-*** 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 the subdivision. 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 façade 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. - 3 - PC2010-*** 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 the event of an appeal. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2010-*** 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: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of May, 2010. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2010-*** - 6 - PC2010-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2010-05484 (DEV2010-00027) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF 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. Planning 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. Planning 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. Planning 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 5 Plans submitted for building permits shall include a note that on-going during project operation no Planning - 7 - PC2010-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 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 The developer shall coordinate with the Electrical Engineering Division of the Public Utilities Department to establish electrical service requirements and submit electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. Public Utilities- Electrical 8 Any required relocation of City electrical facilities shall be at the developer’s expense. Landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be shown on plans submitted for building permits. Public Utilities- Electrical 9 The developer shall submit a sewer study to determine any sewer capacity impacts resulting from this project and the related required improvements. Public Works – Development Services 10 The property owner/developer shall submit to the Public Works /Development Services Division, for review and approval, a Water Quality 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 directly connected impervious areas, creating reduced or “zero discharge” areas, and conserving natural areas. • Incorporate applicable Routine Source Public Works – Development Services - 8 - PC2010-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 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 property owner/developer shall: • Demonstrate that all structural BMPs described in the Project WQMP have been 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. Public Works – Development Services 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. Building 13 On going during project operation, no parking areas shall be fenced or otherwise enclosed for outdoor storage purposes. Public Works – Traffic 14 Plans shall be submitted showing stop control at Ellsworth Street and Santa Ana Street. Code Enforcement 15 All requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities- Water 16 All existing water services and fire lines shall conform to current Water Utility Standards. Any existing water services that are not approved by the Utility for continued use shall be upgraded to Public Utilities- Water - 9 - PC2010-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY current standards, or abandoned by the developer. If the existing services are no longer needed, they shall be abandoned by the developer. 17 The developer shall submit a water system master plan, including a hydraulic distribution network analysis, for 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. Public Utilities- Water 18 Since this project has a common landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed and shall comply with City Ordinance No. 5349 and Chapter 10.19 of the Anaheim Municipal Code. Said information shall be shown on plans submitted for building permits. Public Utilities- Water 19 The developer/owner shall provide a detailed water usage analysis and building plans for Public Utilities 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. Public Utilities- Water 20 The developer/owner shall submit improvement plans for Public Utilities Water Engineering review and approval in determining the conditions necessary for providing water service to the project. Public Utilities- Water 21 Water improvement plans shall be submitted to the Water Engineering Division for approval and a 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. Public Utilities- Water 22 Individual water service and/or fire line connections shall be required for each parcel or residential unit per Rule 18 of the City of Anaheim’s Rates, Rules, and Regulations. If the developer forms a legal association of all the properties served, and records it with the 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 Public Utilities- Water - 10 - PC2010-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 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 collected on trash collection day, and the storage of 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. Public Works – Sanitation 24 Excluding model homes, the final map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor. Public Works – Development Services PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS 25 Fire lanes shall be posted with “No Parking Any Time.” Said information shall be specifically shown on plans submitted for building permits. Fire 26 The property owner/developer shall: • Demonstrate that all structural BMPs described in the Project WQMP have been 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. Public Works – Development Services 27 ADA compliant curb access ramps with truncated domes shall be constructed at Anaheim Boulevard/Ellsworth Street in conformance with Public Works Standard Detail No. 111-3. Public Works – Development Services - 11 - PC2010-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 28 Anaheim Boulevard, Ellsworth Street, and the public alley per the Public Works Department street right of way requirements. Obtain a Right-of-Way Construction Permit from the Development Services Division. Public Works – Development Services 29 A stop sign shall be installed and a stop legend shall be painted on the alley in the northbound direction at Santa Ana Street and in the southbound direction at Ellsworth Street. Public Works – Development Services 30 The construction of the public alley shall be completed. The alley easement for the portion outside of the property boundary shall be obtained. Public Works – Development Services 31 All sewer improvements identified in the sewer study shall be completed. Public Works – Development Services GENERAL 32 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. Code Enforcement 33 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. Planning [DRAFT] ATTACHMENT NO. 5 -1- PC2010-*** RESOLUTION NO. PC2010-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING TENTATIVE TRACT MAP NO. 17350 (DEV2010-00027) (518 – 538 SOUTH ANAHEIM BOULEVARD) WHEREAS, the Planning Commission did receive a verified Petition for a Tentative Tract Map to establish a 2-lot, 36 unit attached condominium subdivision, for that certain real property situated in the City of Anaheim, County of Orange, State of California, as more particularly described in Exhibit “A” attached hereto and incorporated herein by this reference; and 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, Tentative Tract Map No. 17350 is proposed in conjunction with General Plan Amendment No. 2010-00479 to redesignate the property from the Low M edium 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 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; 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 amendment to Tentative Tract Map No. 17350, as described above, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed subdivision, including its design and improvements, is consistent with the proposed Medium Density Residential land use designation in the Anaheim General Plan and the development standards contained in the RM-4 (Multiple Family Residential) zone. 2. That the site is physically suitable for the type and density of the proposed industrial subdivision. 3. That the design of the subdivision is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, as the site is currently vacant and no sensitive environmental habitat has been identified. -2- PC2010-*** 4. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems, as the site is currently vacant and 36 residential units will be constructed on the property in compliance with Code requirements. 5. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. WHEREAS, the Planning Commission has reviewed the proposal and does hereby find and determine that the Negative Declaration is adequate to serve as the required environmental documentation in connection with this request. NOW BE IT FURTHER RESOLVED that the Planning Commission does hereby approve Tentative Tract Map 17350, to read as shown in Exhibit “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 welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED that the 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 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 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. 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 the event of an appeal. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2010-*** 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: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of May, 2010. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2010-*** -5- PC2010-*** EXHIBIT “B” TENTATIVE TRACT MAP NO. 17350 (DEV2010-00027) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO FINAL MAP APPROVAL 1 A maintenance covenant shall be submitted to the Public Works Department, Development Services Division and approved by the City Attorney's office. The covenant shall include provisions for maintenance of private facilities, including compliance with approved Water Quality Management Plan, and a maintenance exhibit. Maintenance responsibilities shall include parkway landscaping and irrigation on Ellsworth Street and Anaheim Boulevard and the proposed public alley. The covenant shall be recorded concurrently with the final map. Public Works – Development Services 2 All existing structures shall be demolished. Demolition permits shall be obtained from the Building Division. Public Works – Development Services Building 3 The legal property owner shall execute a Subdivision Agreement, in a form approved by the City Attorney, to complete the required public improvements in areas not covered under the Cooperation Agreement between the city of Anaheim and the Anaheim Redevelopment Agency at the legal property owner’s expense. Said agreement shall be submitted to the Public Works Department, Subdivision Section, approved by the City Attorney and City Engineer and then recorded concurrently with the final map. Public Works – Development Services 4 Street improvement plans shall be submitted to the Public Works Department for improvements along the frontages of Ellsworth Street, Anaheim Boulevard, and the public alley. Improvements shall conform to the Greater Downtown Anaheim Guideline and approved by the City Engineer. Prior to the issuance of a building Public Works – Development Services -6- PC2010-*** permit, a bond shall be posted in an amount approved by the City Engineer and in a form approved by the City Attorney. 5 The legal property owner shall irrevocably offer to dedicate to the City of Anaheim (Water Engineering Division) an easement twenty (20) feet in width for water service mains and/or an easement for large meters and other public water facilities. Public Utilities- Water 6 That the property owner shall provide the City of Anaheim Electrical Engineering Division of the Public Utilities Department with a public utilities easement to be determined as electrical design is completed. Public Utilities- Electrical 7 The final map shall be submitted to the City of Anaheim Department of Public Works and the Orange County Surveyor for technical review and verified that all applicable conditions of approval have been complied with and then shall be recorded in the Office of the Orange County Recorder. Public Works – Development Services 8 The property owner shall irrevocably offer to dedicate to the City of Anaheim the easements per street right-of-way section herein for streets, public utilities and other public purposes. Corner cut-off dedication at Anaheim Boulevard and Ellsworth Avenue is required. Public Works – Development Services GENERAL CONDITIONS 9 Subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit No. 1 (Tentative Tract Map), and as conditioned herein. Planning DENSITY BONUS MEMORANDUM WITH COMMUNITY DEVELOPMENT AFFORDABLE FOR-SALE HOUSING DEVELOPMENT Date of this Agreement: May 19, 2010 Developer Name: Brookfleld Homes Developer Address: 3090 Bristol Street, Suite 200, Costa Mesa, CA 92626 Project Address: 518 - 538 South Anaheim Boulevard, Anaheim, CA 92805 Name of Development: Anaheim Boulevard East Number of Units: Total units 36 Affordable units Low Income Type of Development: 36 Condominiums/Townhomes 10% Affordable Program: Density Bonus XX The City of Anaheim may grant a density bonus and other incentives (collectively referred to as a “Density Bonus”) for an Affordable For-Sale Housing Development, pursuant to Chapter 4, Section 65915 of the California Government Code and Title 18, Chapter 18.52 of the Anaheim Municipal Code. Upon approval of a Density Bonus, the City of Anaheim shall enter into a Density Bonus Housing Agreement with the developer and/or owner (hereinafter referred to as ‘Developer”) of the Affordable For-Sale Housing Development pursuant to the requirements listed of Chapter 18.52. This Density Bonus Memorandum with Community Development, executed by the Developer and the Anaheim Community Development Department, shall serve as a memorandum acknowledging the basic terms that will be included in the Density Bonus Housing Agreement and shall be submitted to the Planning Department by the Developer at the same time the Developer applies for the Density Bonus. Prior to final map approval, or where a map is not being processed, prior to the issuance of any grading or building permits for an Affordable For-Sale Housing Development, the Developer shall execute and record against the parcel or parcels designated for the construction of affordable units a Density Bonus Housing Agreement, and if required by the Density Bonus Housing Agreement, a declaration of covenants, conditions, and restrictions (“CC&R’s”) that sets forth the terms and conditions of approval of said Density Bonus. The Density Bonus Housing Agreement/CC&Rs shall be binding on the Developer and all future owners and successors in interest thereof. Developer acknowledges that the Density Bonus Housing Agreement/CC&R’s will include, but not be limited to, the following terms and conditions: 1. That at least four (4) of the total number of units, 10% of 36 units, shall be Affordable Housing Units. Affordable Housing Units shall consist of any unit for which an initial sale: a) Is made to a Low Income Household, ATTACHMENT NO. 6 b) at an Affordable Housing Cost, c) to a household receiving assistance under any of Anaheim’s Homebuyer Downpayment Assistance Programs. Affordable Housing Units shall have sales price restrictions as follows: two (2) of the approximately seven hundred twenty-one (721) square foot Plan I townhomes shall be sold at prices not to exceed Two Hundred Seventy-Two Thousand Dollars ($272,000); and two (2) of the approximately one thousand forty-nine (1,049) square foot Plan 2 townhomes shall be sold at prices not to exceed Three Hundred Twenty-Nine Thousand Nine Hundred Dollars ($329,900). Household income limits for Low Income Households (51%-80% of the area median income for Orange County, adjusted for appropriate household size) are as established by the California Department of Housing and Community Development (HCD). The Affordable Housing Cost for Low Income Households shall be calculated as the product of 30% times 70% of the area median income for Orange County adjusted for the household size appropriate for the unit (Health & Safety Code Section 50052.5(b)(4). Household size appropriate to the unit is the number of bedrooms plus one as derived from the standards of California Redevelopment Law. Qualification of prospective Low Income households shall be based on actual- household income limits. 2. That the affordable units shall be constructed concurrently with other units unless both the City and the applicant agree within the Density Bonus Housing Agreement to an alternative schedule for development. 3. That the affordable units shall be interspersed throughout the Affordable For-Sale Housing Development. 4. That the term of affordability shall be for a minimum period of thirty (30) years, or a longer period of time if required by a construction or mortgage financing assistance program, mortgage insurance program, or law. 5. That the Occupancy of each unit in the Affordable For-Sale Housing Development shall not exceed two (2) persons per bedroom plus one (1) person. 6. That the Housing Services Agency shall be afforded a first right of refusal in referring eligible buyers to affordable units: a) Low-Income Households who have been displaced from their residences due to programs or projects implemented by the Anaheim Community Development Department; b) Low-Income Households who have applied for and have received homebuyer (financial) assistance from the Housing Services Agency; c) Low-Income Households who are listed on the Housing Services Agency’s waiting list for affordable housing and who live and/or work in Anaheim; and d) Low-Income Households who live and/or work in Anaheim. 7. That the owner of the Affordable For-Sale Housing Development agrees to comply with all reporting requirements under the Affordable Housing Development Program. By signing and returning this Density Bonus Memorandum with Community Deveopment, as the Developer and owner of the Affordab’e ForSale Housing Development, I concur and agree to all of the terms and conditions set forth above and agree to execute a Density Bonus Housing Agreement. __________________________ ________________ John O’Brien, Brookfield Homes Date Receipt Ackowledged: By: ________________________ ________________ Abel Avalos Date Redevelopment Manager PROJECT SUMMARY CONDITIONAL USE PERMIT NO. 2010-05484 Development Standard Proposed Project RM-4 Standards Site Area 1 acre N/A Density 36 du/ac 36 du/ac max. Recreational Leisure Area 7,200 s.f. 9,966 s.f. min. Parking 64 on-site 79 total 15 off-site 64* Landscaping and Building Setbacks ** 12 feet North 6 feet South 20 feet East 6 feet West 20 feet 15 feet 20 feet 20 feet Building Height 38 feet 40 feet * An affordable housing reduced parking incentive is allowed per Code Section 18.52.100 and State Law. ** Modification to setback standards is allowed in order to achieve good project design, privacy, livability, and compatibility with surrounding land uses. ATTACHMENT NO. 7 SITE PHOTOS CUP2010-05484 ATTACHMENT NO. 8 ATTACHMENT NO. 9 05/19/2010 1/8” = 1’-0” 1 BRICK ELEVATIONS FRONT ELEVATION SIDE ELEVATION 05/19/2010 1/8” = 1’-0” 2 STUCCO ELEVATIONS FRONT ELEVATION SIDE ELEVATION 05/19/2010 1/8” = 1’-0” 1 BRICK ELEVATIONS FRONT ELEVATION SIDE ELEVATION 05/19/2010 1/8” = 1’-0” 2 STUCCO ELEVATIONS FRONT ELEVATION SIDE ELEVATION 03/03/2010 1/8” = 1’-0” 1 FIRST FLOOR MOTOR COURT ALLEY PLAN 6 3 BD - 2½ BA 1790 S.F. 2-CAR GARAGE SIDE BY SIDE PLAN 7 3 BD - 3½ BA 1880 S.F. 2-CAR GARAGE SPLIT PLAN 6 3 BD - 2½ BA 1790 S.F. 2-CAR GARAGE SIDE BY SIDE PLAN 7 3 BD - 3½ BA 1880 S.F. 2-CAR GARAGE SPLIT 135’ - 8”144’ - 8”RAMP 72’ @ 2%U E PLAN 6 GARAGE 20’ x 23’ PLAN 7 GARAGE 11’-6” x 24’ PLAN 7 GARAGE 22’ x 11’ PLAN 1 GARAGE 23’ x 11’ PLAN 2 GARAGE 23’ x 11’ PLAN 4 TANDEM GARAGE 40’-6” x 11’ PLAN 3 TANDEM GARAGE 48’ x 11’ PLAN 5 GARAGE 24’-6” x 20” PLAN 5 GARAGE 20’ x 23’ PLAN 3 TANDEM GARAGE 42’ x 11’ KITCHEN LIVING 15’ x 17’ ENTRY FOYER BEDRM 3 14’-6” x 13’-6” BATH U ELEV ELEV LOBBY LOBBY PDR UP UP UP PATIO UE PLAN6 GARAGE 20’ x 23’ PLAN 7 GARAGE 11’-6” x 24’ PLAN 7 GARAGE 22’ x 11’ PLAN 1 GARAGE 23’ x 11’ PLAN 2 GARAGE 23’ x 11’ PLAN 4 TANDEM GARAGE 40’-6” x 11’ PLAN 3 TANDEM GARAGE 48’ x 11’ PLAN 5 GARAGE 24’-6” x 20” PLAN 5 GARAGE 20’ x 23’ PLAN 3 TANDEM GARAGE 42’ x 11’ KITCHENLIVING 15’ x 17’ ENTRY FOYER BEDRM 3 14’-6” x 13’-6” BATH U ELEV ELEV LOBBY LOBBY PDR UP UP UP PATIO 03/03/2010 1/8” = 1’-0” 2 SECOND FLOOR BDRM 2 11’ x 13’-6” M BATH M BATH M BATH MASTER BDRM 14’ x 13’-6” MASTER BDRM 12’ x 15’ MASTER BDRM 12’ x 14’-6” KITCHEN DINING 11’ x 11’TER 11’ x 9’-6” 104 sf TER 10’ x 10’-6” 105 sf TER 11’ x 9’ 99 sf TER 10’ x 9’-6” 95 sf KITBDRM 3 11’ x 11’ BDRM 2 11’ x 11’ BDRM 2 11’ x 11’E E PDR ELEV ELEV BA 2 W.I.C. W.I.C. W.I.C. BA 2 BA2 DN UP DN LIVING 14’ x 13’-6” LIVING 16’ x 15’-6” LIVING 14’ x 12’ DINING 15’-6” x 11’ M. BATH MASTER BDRM 13’ x 13’-6” FLEX 16’ x 11’-6” E DECK 7’ x 11’-6” 80 sf BATHBDRM 2 11’-6” x 11’-6” LIVING 16’-’6” x 15’-6” KITCHEN/ DINING KITCHEN/ DINING PLAN 3 2 BD - 2 BA 1196 S.F. 2-CAR GARAGE TANDEM PLAN 4 2 BD + FLEX 2 BA 1436 S.F. 2-CAR GARAGE TANDEM PLAN 5 3 BD - 2 BA 1470 S.F. 2-CAR GARAGE SIDE BY SIDE W.I.C. UP DN BDRM 2 11’ x 13’-6” M BATH M BATH M BATH MASTER BDRM 14’ x 13’-6” MASTER BDRM 12’ x 15’ MASTER BDRM 12’ x 14’-6” KITCHEN DINING 11’ x 11’TER 11’ x 9’-6” 104 sf TER 10’ x 10’-6” 105 sf TER 11’ x 9’ 99 sf TER 10’ x 9’-6” 95 sf KIT BDRM 3 11’ x 11’ BDRM 2 11’ x 11’ BDRM 2 11’ x 11’E E PDR ELEV ELEV BA 2 W.I.C. W.I.C. W.I.C. BA 2 BA2 DN UP DN LIVING 14’ x 13’-6” LIVING 16’ x 15’-6” LIVING 14’ x 12’ DINING 15’-6” x 11’ M. BATH MASTER BDRM 13’ x 13’-6” FLEX 16’ x 11’-6” E DECK 7’ x 11’-6” 80 sf BATH BDRM 2 11’-6” x 11’-6” LIVING 16’-’6” x 15’-6” KITCHEN/ DINING KITCHEN/ DININGPLAN 3 2 BD - 2 BA 1196 S.F. 2-CAR GARAGE TANDEM PLAN 4 2 BD + FLEX 2 BA 1436 S.F. 2-CAR GARAGE TANDEM PLAN 5 3 BD - 2 BA 1470 S.F. 2-CAR GARAGE SIDE BY SIDE W.I.C. UP DN PLAN 6 3 BD - 2½ BA 1790 S.F. 2-CAR GARAGE SIDE BY SIDE PLAN 7 3 BD - 3½ BA 1880 S.F. 2-CAR GARAGE SPLIT PLAN 6 3 BD - 2½ BA 1790 S.F. 2-CAR GARAGE SIDE BY SIDE PLAN 7 3 BD - 3½ BA 1880 S.F. 2-CAR GARAGE SPLIT 03/03/2010 1/8” = 1’-0” 3 THIRD FLOOR PLAN 3 2 BD - 2 BA 1196 S.F. 2-CAR GARAGE TANDEM PLAN 2 1 BD + FLEX 1½ BA 1162 S.F. 1-CAR GARAGE PLAN 5 3 BD - 2 BA 1470 S.F. 2-CAR GARAGE SIDE BY SIDE PLAN 1 1 BD - 1 BA 910 S.F. 1-CAR GARAGE 832 MASTER BDRM 14’-6” x 12’-6” E P ELEV FLEX 10’-6” x 12’ BATH LIVING 14’-6” x 14’ KITCHEN/ DINING DECK 13’ x 11’ 143 sf BDRM 3 10’-4” x 11’ BDRM 2 11’ x 13’ M BATH MSTR BDRM 13’-6” x 12’-6” TER 10’ x 11’-6” 115 sf DECK 11’ x 6’-6” 69 sf MASTER BDRM 13’-6” x 14’ PDRBA BA2 LIVING 13’-8” x 14’ KITCHEN/ DINING M BATH M BATH MASTER BDRM 12’ x 15’ MASTER BDRM 12’ x 14’-6” TER 11’ x 9’ 99 sf TER 10’ x 9’-6” 95 sf KITBDRM 1 11’ x 11’ BDRM 2 11’ x 11’ BDRM 2 11’ x 11’ E E ELEV BA 1 W.I.C. W.I.C. W.I.C. SERV W.I.C. BA 1 LIVING 16’x 15’-6” LIVING 14’ x 12’ DINING 15’-6” x 11’ KITCHEN/ DINING DN DN E PLAN 3 2 BD - 2 BA 1196 S.F. 2-CAR GARAGE TANDEM PLAN 2 1 BD + FLEX 1½ BA 1162 S.F. 1-CAR GARAGE PLAN 5 3 BD - 2 BA 1470 S.F. 2-CAR GARAGE SIDE BY SIDE PLAN 1 1 BD - 1 BA 910 S.F. 1-CAR GARAGE 832 MASTER BDRM 14’-6” x 12’-6” E P ELEV FLEX 10’-6” x 12’ BATH LIVING 14’-6” x 14’ KITCHEN/ DINING DECK 13’ x 11’ 143 sf BDRM 3 10’-4” x 11’ BDRM 2 11’ x 13’ M BATH MSTR BDRM 13’-6” x 12’-6” TER 10’ x 11’-6” 115 sf DECK 11’ x 6’-6” 69 sf MASTER BDRM 13’-6” x 14’ PDR BA BA2 LIVING 13’-8” x 14’ KITCHEN/ DINING M BATH M BATH MASTER BDRM 12’ x 15’ MASTER BDRM 12’ x 14’-6” TER 11’ x 9’ 99 sf TER 10’ x 9’-6” 95 sf KIT BDRM 1 11’ x 11’ BDRM 2 11’ x 11’ BDRM 2 11’ x 11’ E E ELEV BA 1 W.I.C. W.I.C. W.I.C. SERV W.I.C. BA 1 LIVING 16’x 15’-6” LIVING 14’ x 12’ DINING 15’-6” x 11’ KITCHEN/ DINING DN DN E PLAN 6 3 BD - 2½ BA 1790 S.F. 2-CAR GARAGE SIDE BY SIDE PLAN 6 3 BD - 2½ BA 1790 S.F. 2-CAR GARAGE SIDE BY SIDE SQ. FT. ACREAGEA PUBLIC ALLEY 8,537 0.201 RESIDENTIAL 22,765 0.522 RESIDENTIAL 23,692 0.54STREET DEDICATION 5,932 0.14TOTAL 60,926 1.40PROPOSED LAND USELOT NUMBER LOT AREA 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item.