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RES-2010-128RESOLUTION NO. 2010 -128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2010-05483. (DEV2010- 00026) WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as the "Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2010- 05483, to construct a 6 -lot, 52 unit attached 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 that certain real property located at 407 - 425 South Anaheim Boulevard in the City of Anaheim, County of Orange, State of California, as more particularly shown in Exhibit "A ", attached hereto and incorporated herein by this reference; and WHEREAS, the subject property is currently vacant land and is zoned I (SABC) (Industrial; South Anaheim Boulevard Corridor Overlay). The Anaheim General Plan currently designates this property for Mixed Use land uses; and WHEREAS, Conditional Use Permit No. 2010 -05483 proposes to permit a deviation in zoning development standards to allow a maximum lot coverage of 53 percent; a setback of 7.5 feet around the perimeter of the property; and a 20 to 45 -foot setback between condominium buildings; and an affordable housing reduced parking incentive to allow a minimum of 96 parking spaces; 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 Conditional Use Permit No. 2010 -05483 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, at said public hearing, the Planning Commission did adopt its Resolution No. PC2010 -035 containing a report of its findings, a summary of the evidence presented at said hearing, and did approve Conditional Use Pen No. 2010- 05483; and WHEREAS, Conditional Use Pen No. 2010 -05483 is proposed in conjunction with General Plan Amendment No. 2010 -00478 to re- designate the subject property from the Mixed Use land use designation to the Medium Density land use designation; Reclassification No. 2010 -00236 to reclassify the property from the I (SABC) (Industrial, South Anaheim Boulevard Corridor Overlay) Zone to the RM -4 (SABC) (Multiple - Family Residential, South Anaheim Boulevard Corridor Overlay) Zone; and Tentative Tract Map No. 17351 to establish a 6 -lot, 52 unit attached condominium subdivision; and WHEREAS, pursuant to Section 18.68.040 of the Anaheim Municipal Code the City Council is the approval authority for general plan amendments; and -1- WHEREAS, prior to adopting or amending a general plan, the City Council is required to hold at least one public hearing, notice of such public hearing to be provided as required by state law; and WHEREAS, pursuant to subsection 18.60.150.020 of the Anaheim Municipal Code, when multiple discretionary land use applications are submitted for concurrent Planning Commission review and approval, and one or more of such applications requires City Council review and approval, all such applications shall be subject to full review and approval by the City Council as the granting authority; and WHEREAS, upon receipt of said Resolution No. PC2010 -035, summary of evidence, report of findings and recommendations of the Planning Commission, the City Council did fix the 20th day of July, 2010, as the time, and the City Council Chamber in the Civic Center as the place for a public hearing on proposed Conditional Use Permit No. 2010 -05483 and did give notice thereof in the manner and as provided by law; and WHEREAS, at the time and place fixed for said public hearing, the City Council did hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard, and did receive evidence and reports, and did consider the same; and WHEREAS, the City Council does find, after careful consideration of all evidence and reports submitted to the Planning Commission and the action taken by said Commission, and all evidence and reports offered at said public hearing before the City Council, that all of the conditions and criteria set forth in the Anaheim Municipal Code are present for the following reasons: 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 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 -2- spaces along the new public streets, for a total of 122 spaces, are proposed within, and adjacent to, 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 fagade treatments such as decorative front porches. WHEREAS, the City Council 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. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Council does hereby grant Conditional Use Permit No. 2010 -05483 subject to the conditions of approval described in Exhibit `B" attached hereto and incorporated herein 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 safety and general welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and detennine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that 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. -3- BE IT FURTHER RESOLVED that Conditional Use Permit No. 2010 -05483 is hereby approved subject to the approval by the City Council of General Plan Amendment No. 2010 - 00478, Reclassification No. 2010- 00236, and Tract Map No. 17351, now pending. 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 is approved and adopted by the City Council of the City of Anaheim this 27th day of July , 2010, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE CITY OF ANAHEIM By: MAYOR OF THVCITA& ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 77867.v 1 /MGordon EXHIBIT "A" DEV2010 -00026 APN: 037 - 022 -11 03702204 03702208 w gROAOwAv 10949 -5- o so co Source: Recorded Tract Maps and /or City GIS. v Please note the accuracy is +/- two to five feet. F—t EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2010-05483 No. Conditions of Approval Review by SIGNED OFF BY All plumbing or other similar pipes and fixtures Planning 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 buildina hermits. 2 All air - conditioning facilities and other ground- Planning 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 3 Locations for future above - ground utility devices Planning 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 4 The legal property owner shall enter into an Planning 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. M 5 Plans submitted for building permits shall include Planning 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 Planning 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. 7 Electric system plans, electrical panel drawings, Public Utilities - site plans, elevation plans, and related technical Electrical drawings and specifications shall be submitted to the Electrical Engineering Division of the Public Utilities Department to establish electrical service. 8 Any required relocation of City electrical facilities Public Utilities - shall be provided. Landscape and /or hardscape Electrical screening of all pad- mounted equipment shall be required and shall be shown on plans submitted for building permits. 9 A Water Quality Management Plan (WQMP), as Public Works — described in Drainage Area Management Plan for Development Orange County, shall be submitted to the Public Services Works /Development Services Division for review and approval. Said WQMP shall: • Address Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing penneability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporate applicable Routine Source Control BMPs. • Incorporate Treatment Control BMPs. • Describe the long -tern operation and maintenance, identifies the responsible parties, and funding mechanisms for the Treatment Control BMPs. -7- 10 The WQMP shall: Public Works — • Demonstrate that all structural BMPs Development described in the Project WQMP have been Services constructed and installed in conformance with approved plans and specifications. • Demonstrate that the property owner /developer is prepared to implement all non - structural BMPs described in the Project WQMP. • Demonstrate that an adequate number of copies of the approved Project WQMP are available on site. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 11 All condominium units shall be assigned street Building 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. 12 On going during project operation, no parking Code Enforcement areas shall be fenced or otherwise enclosed for outdoor storage purposes. 13 Plans shall be submitted showing stop control for Public Works — the private street at Elm Street and Santa Ana Traffic Street. 14 All requests for new water services or fire lines, as Public Utilities - well as any modifications, relocations, or Water abandonment of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 15 All existing water services and fire lines shall Public Utilities - conform to current Water Utility Standards. Any Water existing water services that are not approved by the Utility for continued use shall be upgraded to current standards or abandoned. If the existing services are no longer needed, they shall be abandoned. 16 A water system master plan, including a hydraulic Public Utilities - distribution network analysis, shall be submitted Water 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 p rotection requirements. 17 Since this project has a common landscaping area Public Utilities- I exceeding 2,500 square feet, a separate irrigation Water meter shall be installed and shall comply with City Ordinance No. 5349 and Chapter 10.19 of the Anaheim Municipal Code. Said information shall be shown on plans submitted for building permits. 18 A detailed water usage analysis and building plans Public Utilities - shall be submitted for Public Utilities Water Water Engineering review and approval in determining the adequacy of the existing water system to meet the project's water requirements. Any system improvements shall be done in accordance with Rule No. 15A.6 of the water utility's Rates, Rules and Regulations. 19 Improvement plans shall be submitted for Public Public Utilities - Utilities Water Engineering review and approval Water in determining the conditions necessary for p roviding water service to the project. 20 Water improvement plans shall be submitted to Public Utilities - the Water Engineering Division for approval and a Water performance bond in the amount approved by the City Engineer, and in a form approved by the City Attorney, shall be posted with the City of Anaheim. 21 Individual water service and /or fire line Public Utilities - connections shall be required for each parcel or Water residential unit per Rule 18 of the City of Anaheim's Rates, Rules, and Regulations. If a legal association of all the properties served is formed, and recorded with the 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 Public Works — collected on trash collection day, and the storage Sanitation 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. 23 Excluding model homes, the final map shall be Public Works — submitted to and approved by the City of Anaheim Development and the Orange County Surveyor. Services 24 Final colored building elevations and vehicular Planning circulation plans shall be submitted to the Planning Department for Planning Commission review as a "Reports and Recommendations" item. 25 The WQMP shall: Public Works — • Demonstrate that all structural BMPs Development described in the Project WQMP have been Services constructed and installed in conformance with approved plans and specifications. • Demonstrate that the property owner /developer is prepared to implement all non - structural BMPs described in the Project WQMP. • Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 26 Fire lanes shall be posted with "No Parking Any Fire Time." Said information shall be specifically shown on plans submitted for building permits. 27 ADA compliant curb access ramps with truncated Public Works — domes shall be constructed at Anaheim Development Boulevard /Elm Street, Anaheim Boulevard /Santa Services Ana Street, and both sides of the private street "A" in conformance with Public Works Standard -10- Detail No. 111 -3. 28 Anaheim Boulevard, Elm Street, Santa Ana Street, Public Works — and the private road "A" shall be improved per the Development Public Works Department street right of way Services requirements. Obtain a Right -of -Way Construction Permit from the Development Services Division. 29 A stop sign shall be installed and a stop legend Public Works — shall be painted on the private street in the Development northbound direction at Elm Street and in the Services southbound direction at Santa Ana Street. -10- 30 A railroad crossbuck sign shall be installed on the Public Works — private drive at Santa Ana Street. Traffic 31 Any tree planted on -site shall be replaced in a Code Enforcement 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. 2 The property shall be developed substantially in Planning accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1(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), 10 (Four Unit Floor Plans), and 11 (Four Unit Elevations), and as conditioned herein. -11-