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Resolution-PC 2003-71~ RESOLUTION NO. PC2003-71 • A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 2003-04558 BE GRANTED, IN PART WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance for certain real property situated in the City of Anaheim, County of Orange, State of California described as: ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF ANAHEIM, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF VINEYARD LOT G-4, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGES 629 AND 630 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY SIDE OF LOS ANGELES STREET AS SHOWN ON SAID MAP DISTANT SOUTHERLY 198.00 FEET FROM THE SOUTHWEST CORNER OF LOS ANGELES AND SANTA ANA STREETS; THENCE SOUTHERLY 50.00 FEET ALONG THE WESTERLY LINE OF SAID LOS ANGELES STREET; THENCE WESTERLY 265.00 FEET PARALLEL WITH SAID SANTA ANA STREET; THENCE NORTHERLY 50.00 FEET PARALLEL WITH SAID LOS ANGELES STREET; THENCE EASTERLY 265.00 FEET TO THE POTNT OF BEGINNING. EXCEPT THE EASTERLY 9.00 FEET WHICH WAS CONVEYED TO THE CITY OF ANAHEIM FOR THE WIDENING OF LOS ANGELES STREET BY A DEED RECORDED OCTOBER 14, 1908 IIV 800K 159, PAGE 323 OF DEEDS, RECORDS OF SAID ORANGE COUNTY. PARCEL 2: THAT PORTION OF VINEYARD LOT G-4, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGES 629 AND 630 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY SIDE OF LOS ANGELES STREET, AS SHOWN ON SAID MAP DISTANT SOUTHERLY 248.00 FEET FROM THE SOUTHWEST CORNER OF LOS ANGELES AND SANTA ANA STREETS; THENCE SOUTHERLY 50.00 FEET ALONG THE WESTERLY LINE OF SAID LOS ANGELES STREET; THENCE WESTERLY 265.00 FEET PARALLEL WITH SAID SANTA ANA STREET; THENCE NORTHERLY 50.00 FEET PARALLEL WITH SAID LOS ANGELES STREET; THENCE EASTERLY 265.00 FEET TO THE POINT OF BEGINNING. EXCEPT THE EASTERLY 9.00 FEET WHICH WAS CONVEYED TO THE CITY OF ANAHEIM FOR THE WIDENING OF LOS ANGELES STREET BY A DEED RECORDED OCTOBER 14, 1908 IN BOOK 159, PAGE 323 OF DEEDS, RECORDS OF SAID ORANGE COUNTY. PARCEL 3: THAT PORTION OF VINEYARD LOT G-4, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGES 629 AND 630 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: cr\PC2003-071.doc -1- PC2003-71 ~ ~ BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID LOT DISTANT EASTERLY 130.00 FEET FROM THE NORTHWEST CORNER OF SAID LOT; THENCE EASTERLY 50.00 FEET ALONG SAID NORTHERLY LINE; THENCE SOUTHERLY, AT RIGHT ANGLES, 100.00 FEET; THENCE WESTERLY, AT RIGHT ANGLES, 50.00 FEET; THENCE NORTHERLY 100.00 FEET TO THE POINT OF BEGINNING. PARCEL 4: THAT PORTION OF VINEYARD LOT G-4, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGES 629 AND 630 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID LOT, DISTANT WESTERLY 265.00 FEET FROM THE NORTHEAST CORNER OF SAID LOT; THENCE WESTERLY 116.00 FEET ALONG THE NORTHERLY L INE OF SAID LOT TO A POINT DISTANT EASTERLY 180.00 FEET FROM THE NORTHWEST CORNER OF SAID LOT; THENCE SOUTHERLY, AT RIGHT ANGLES, 100.00 FEET; THENCE WESTERLY, AT RIGHT ANGLES, 50.00 FEET; THENCE SOUTHERLY, AT RIGHT ANGLES, 137.00 FEET; THENCE EASTERLY, AT RIGHT ANGLES, 96.00 FEET; THENCE SOUTHERLY, AT RIGHT ANGLES, 61.00 FEET; THENCE EASTERLY 70.00 FEET PARALLEL WITH THE NORTHERLY LINE OF SAID LOT TO A LINE THAT IS PARALLEL WITH AND DISTANT 265.00 FEET FROM THE EASTERLY LINE OF SAID LOT; THENCE NORTHERLY 298.00 FEET PARALLEL WITH THE EASTERLY LINE OF SAID LOT TO THE POINT OF BEGINNING. PARCEL 5`. THE WESTERLY 173.00 FEET, MEASURED ALONG THE NORTHERLY LINE THEREOF, OF THAT PORTION OF VINEYARD LOT G-4, AS SHOWN ON A MAP RECORDED !N BOOK 4, PAGES 629 AND 630 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF LOS ANGELES STREET AS SHOWN ON SAID MAP DISTANT SOUTHERLY 298.00 FEET FROM THE SOUTHWESTERLY CORNER OF SANTA ANA AND LOS ANGELES STREETS AS SHOWN ON SAID MAP; THENCE WESTERLY 335.00 FEET PARALLEL WITH THE NORTHERLY LINE OF SAID SANTA ANA STREET; THENCE SOUTHERLY 50.00 FEET PARALLEL WITH THE SAID WESTERLY LINE OF LOS ANGELES STREET; THENCE EASTERLY 86.00 FEET PARALLEL WITH SAID NORTHERLY LINE OF SANTA ANA STREET; THENCE SOUTHERLY 28.00 FEET PARALLEL WITH SAID WESTERLY LINE OF LOS ANGELES STREET; THENCE EASTERLY 249.00 FEET PARALLEL WITH SAID NORTH LINE OF SANTA ANA STREET; THENCE NORTHERLY 78.00 FEET ALONG THE WESTERLY LINE OF SAID LOS ANGELES STREET TO THE POINT OF BEGINNING. PARCEL 6: THAT PORTION OF VINEYARD LOT G-4, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGES 629 AND 630 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF LEMON AND SANTA ANA STREET AS SHOWN ON SAID MAP; THENCE SOUTHERLY 237.00 FEET ALONG THE EASTERLY LINE OF SAID LEMON STREET; THENCE EASTERLY 130.00 FEET PARALLEL WITH THE NORTHERLY LINE OF SAID SANTA ANA STREET; THENCE NORTHERLY 237.00 FEET PARALLEL WITH SAID EASTERLY LINE OF LEMON STREET, TO SAID NORTHERLY LINE OF SANTA ANA STREET; THENCE WESTERLY 130.00 FEET ALONG SAID NORTHERLY LINE TO THE POINT OF BEGINNING. -2- PC2003-71 ~ PARCEL 7: • THAT PORTION OF VINEYARD LOT G-4, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGES 629 AND 630 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SANTA ANA AND LOS ANGELES STREETS AS SHOWN ON SAID MAP; THENCE SOUTHERLY 198.00 FEET ALONG THE WESTERLY LINE OF SAID LOS ANGELES STREET; THENCE WESTERLY 265.00 FEET PARALLEL WITH THE SOUTHERLY LINE OF SAID SANTA ANA STREET; THENCE NORTHERLY 198.00 FEET PARALLEL WITH THE SAfD WESTERLY LINE OF LOS ANGELES STREET TO THE SOUTHERLY LINE OF SAID SANTA ANA STREET; THENCE EASTERLY 265.00 FEET TO THE POINT OF BEGINNING. EXCEPT THE EASTERLY 9.00 FEET WHICH WAS CONVEYED TO THE CITY OF ANAHEIM FOR THE WIDENING OF LOS ANGELES STREET BY A DEED RECORDED OCTOBER 14, 1908 IN BOOK 159, PAGE 32.3 OF DEEDS, RECORDS OF SAID ORANGE COUNTY. PARCELS: THAT PORTION OF VINEYARD LOT G-4, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGES 629 AND 630 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE EASTERLY LINE OF LEMON STREET AS SHOWN ON SAID MAP, QLSTANT S.Q.UTH.ERLY 237.00 FEET FROM TME SOUTHEAST GORNER OF SANTR ANA AND LEMON STREETS, AS SHOWN ON SAID MAP; THENCE SOUTHERLY 139.00 FEET ALONG THE EASTERLY OF LEMON STREET; THENCE, AT RIGHT ANGLES, EASTERLY 226.00 FEET; THENCE, AT RIGHT ANGLES, NORTHERLY 139.00 FEET; THENCE WESTERLY, AT RIGHT ANGLES, 226.00 FEET TO THE POINT OF BEGINNING. PARCEL 9: THAT PORTION OF VINEYARD LOT G-4, AS SHOWN ON A MAP RECORDED IN BOOK 4 PAGES 629 AND 630 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF LOS ANGELES STREET 298.00 FEET SOUTHERLY FROM THE SOUTHWEST CORNER OF SANTA ANA AND LOS ANGELES STREETS AS SHOWN ON SAID MAP; THENCE WESTERLY PARALLEL WITH SANTA ANA STREET 335.00 FEET; THENCE SOUTHERLY PARALLEL WITH THE WEST LINE OF LOS ANGELES STREET 50.00 FEET; THENCE EASTERLY PARALLEL WITH SANTA ANA STREET 86.00 FEET; THENCE SOUTHERLY PARALLEL WITH LOS ANGELES STREET 28.00 FEET; THENCE EASTERLY PARALLEL WITH SANTA ANA STREET 249.00 FEET TO SAID WEST LINE OF LOS ANGELES STREET; THENCE NORTHERLY ALONG SAID WEST LINE OF LOS ANGELES STREET 78.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE EASTERLY 9.00 FEET CONVEYED TO THE CITY OF ANAHEIM FOR STREET PURPOSES. ALSO EXCEPTING THEREFROM THE SOUTHWESTERLY 173.00 FEET, MEASURED ALONG THE NORTHWESTERLY LINE THEREOF. -3- PC2003-71 ~ / • WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 5, 2003, at 1:30 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 18.03, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and that the public hearing was continued to the May 19, 2003 Planning Commission meeting; 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 petitioner proposes waiver of the following to construct 20 detached and 36 attached 'affordable' single-family residential dwelling units with incentives in lieu of a density bonus under the authority of Code Section 18.56.030.020.0201: (a) Sections 17.08.036 - Minimum private street standards. 17.08.043 (6-foot wide parkway required along private street cul-de-sacs; 17.08.390 none proposed along the 'bulb' of the proposed cul-de-sac 17.650 adjoining three residential lots) and 18.04.080.080 (b) Sections 18.04.043.101(a) - Maximum wall heiqht. 18.31.063.011 (3-foot hiqh wall permitted in the required 20-foot setback 18.31.064.070 along a Collector Street; and 18.56.052.020.Q2Q2. 6.-foot hi.qh wall .proposed_ 5 feet from Santa-Ana ~tFee~)- (c) Sections 18.31.063.012 - Minimum structural setback adiacent to a Collector Street and 18.56.052.020.0202 (Santa Ana Street) (d) Section 18.56.053.030.0303(1) - Minimum structural setback adiacent to an arterial hiqhwav. (17 feet required along Anaheim Boulevard; 12-15 feet proposed between private front porches and Anaheim Boulevard) (e) Section 18.56.053.0303(5) - Required recreational leisure area. (Minimum 500 sa.ft. per attached dwellinct unit required, totaling 18,000 sp.ft. for 36 attached units); 267 sq.ft. per unit proposed, totaling 9,600 sq.ft.) (f) Section 18.99.050 - Additional Incentives in lieu of a Densitv Bonus. (Maximum 25% deviation from the applicable development standards permitted; deviations for waivers (b), (d) and (e) range from 29% to 100%) 2. That the proposed residential subdivision will be located in the 'Neighborhood Residential' and 'Boulevard Residential' Districts of the '(SABC)' (South Anaheim Boulevard Corridor Overlay) Zone; and that the property is currently zoned ML (Limited Industrial ) with a Resolution of Intent to the SABC Overlay Zone. 3. That waiver (a), minimum private street standards, is hereby approved on the basis that there is no reasonable relationship between the need for the required improvement (6-foot wide parkway around the `bulb' of the private street cuf-de-sac} and the type of development project on which said requirement is imposed. -4- PC2003-71 ~ • 4. That the above-mentioned waivers (b) maximum wall height, (d) minimum structural setback adjacent to an arterial highway, (e) required recreational leisure area and (f) additional incentives in lieu of a Density Bonus are hereby granted on basis that the petitioner has submitted a detailed financial analysis prepared by an independent economic consultant specializing in real estate valuation and redevelopment to justify additional incentives in lieu of a density bonus as permitted under subsection 18.99.030.020 of the Anaheim Municipal Code and Section 65915 of the California Government Code, as discussed in paragraph (25) of the Staff Report to the Planning Commission dated May 19, 2003; and that said study concludes that the equivalent financial value of the density bonus exceeds the value of all four incentives being requested. 5. That waiver (c), minimum structural setback adjacent to a collector street, is hereby denied on the basis that it was deleted following public notification. 6. That this variance, as approved and under the conditions imposed, will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the property is located. 7. That the selected Additional Incentives (waivers) will contribute significantly to the ability of this Eligible Housing Development to provide housing to Lower Income Households and Very Low Income Households at an Affordable Housing Cost. 8 That the selected Additional Incentives will be the most compatible with the character of this Eligible Housing Development and to the surrounding area, relative to other Additional Incentives which might be granted. 9 That the selected Additional Incentives will not have a detrimental impact on services and infrastructure such as traffic volumes and road capacities, school enrollments, recreational resources and parks and water, sewer and storm drain facilities; and will be the most compatible with the public health, safety and welfare; provided that if every Additional Incentive which might be selected would have a detrimental impact on services and infrastructure, the selected Additional Incentives will cause the least impact, relative to other Additional Incentives which might otherwise be granted, on services and infrastructure. 10. That if this Eligible Housing Development were an apartment project which proposed to dedicate a minimum of 50% of its units to Qualifying Residents, the following Additional Incentives would not be granted unless a conditional use permit was obtained for the Eligible Housing Development under Section 18.94 of the Anaheim Municipal Code: (a) reduction in floor space requirements, (b) reduction in vehicle parking requirements and (c) increase in structural height imitations. 11. That the proposed housing project for very low, fow, or moderate income households is hereby approved, in compliance with Section 65589.5(d) of the California Government Code which requires that a local agency shall not disapprove a housing project for or impose conditions of approval in a manner that renders the project infeasible for development for the use of very low, low, or moderate income households. 12. That the City of Anaheim has adopted a housing element pursuant to this article that has been revised in accordance with Section 65588 and that is in substantial compliance with this article, and that the development project is needed for the jurisdicfion to meet its share of the regional housing need for very low, low or moderate-income housing. 13. That this development project, as proposed and as approved, will not have a specific, adverse impact upon the public health or safety; and that, as used in this paragraph, a"specific, adverse impact: means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they exist on the date the application for this Variance was deemed complete. -5- PC2003-71 ~ ~ 14. That denial of this project or imposition of conditions is not required in order to comply with specific state or federal law, and there are feasible methods to comply without rendering the development unaffordable to low-and moderate-income households. 15. That approval of this development project will not increase the concentration of lower income households in a neighborhood that already has a disproportionately high number of lower income households. 16. That this development project is not proposed on land zoned for agriculture or resource preservation which is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, or which has in adequate water or wastewater facilities to serve the project. 17. That this development project is consistent with both the City of Anaheim's zoning ordinance and general plan land use designation as specified in any element of the general plan as it existed on the date the application for this Variance was deemed complete; and that the City of Anaheim has adopted a housing element pursuant to this article. 18. That nothing in Section 65589.5(f) of the California Government Code shall be construed to prohibit the City of Anaheim from requiring this development project to comply with written development standards, conditions, and policies appropriate to, and consistent with, meeting the quantified objectives relative to the development of housing, as required in the housing element pursuant to subdivision (b) of Section 65583; and that nothing in this section shall be construed to prohibit the City from imposing fees and other exactions otherwise authorized by law which are essential to provide necessary public services and facilities to the development project. 19. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal for waivers of minimum private street standards, maximum wall height, minimum structural setback adjacent to a collector street, minimum structural setback adjacent to an arterial highway, required recreational leisure area and additional incentives in lieu of a Density Bonus to construct 20 detached and 36 attached `affordable' single-family residential dwelling units with incentives in lieu of a density bonus on a irregularly-shaped 5.6-acre property located at the southwest corner of Santa Ana Street and Anaheim Boulevard with frontages of 531 feet on the south side of Santa Ana Street and 572 feet on the west side of Anaheim Boulevard, and further described as 100-142 West Santa Ana Street and 501-541 South Anaheim Boulevard (former trucking site); and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgement 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 Planning Commission does hereby grant subject Petition for Variance, in part, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safery and general welfare of the Citizens of the City of Anaheim: That the property owner/developer shall be responsible for compliance with all of the mitigation measures set forth in Mitigation Monitoring Plan No. 120 created specifically for this project, and for complying with the monitoring and reporting requirements established by the City in compliance with Section 21081.6 of the Public Resources Code. Furthermore, the property owner/developer shall be responsible for any direct costs associated with the monitoring and reporting requirements to ensure implementation of those mitigation measures identified in Mitigation Monitoring Plan No.120, which is made a part of these conditions of approval by reference. -6- PC2003-71 ~ • 2. That final landscaping and fencing plans for the subject property shall be submitted to the Zoning Division for review and approval. Said plans shall show minimum twenty four (24) inch box sized trees in the front yard of each home, screening trees planted twenty (20) feet on-center along the south property line adjacent to the single-family residential properties, and one (1) tree for every twenty (20) feet of street frontage on Anaheim Boulevard and Santa Ana Street planted in the landscape setbacks. Any decision made by the Zoning Division regarding said plans may be appealed to the Planning Commission. All trees shall be properly and professionally maintained by the homeowners association to ensure mature, healthy growth. 3. That final building elevation plans, a colors and materials board, and street presentation plans showing building articulation and architectural embellishments for all elevations, shall be submitted to the Zoning Division and the Community Development Department for review and approval by the Planning Commission as a'Reports and Recommendations' item. 4. That, as requested by the Orange County Transportation Authority ("OCTA"), a bus pad shall be installed and constructed along Anaheim Boulevard. Said improvements shall be shown on the plans submitted for building permits and shall be reviewed by the Ciry Traffic and Transportation Section for compliance with OCTA standards. 5. That the property owner/developer shall install street lights (Anaheim No. 742 - Historic Street Lights) on Anaheim Boulevard and Santa Ana Street as required by the Electrical Engineering Division. The interior street lighting for the project shall be designed to complement the historic street lighting required along the public streets. The streetlights shall be installed prior to occupancy of the first unit. A bond, in an amount approved by the City Engineer and a form approved by the Ci.ty Attorne.y_, s.hall be p.os.ted with the City to-guarantee. installation-of said ir~provements. 6. That all backflow equipment shall be located above ground and outside the minimum required 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 the street setback areas in a manner fully screened from all public streets and alleys. Prior to submittal of building permits, said information shall be shown on plans which are submitted to Water Engineering and the Cross Connection Control Inspector for review and approval. 7. That because this project has landscaping areas exceeding two thousand five hundred (2,500) square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19 (Landscape Water Efficiency) of the Anaheim Municipal Code and Ordinance No. 5349. Said information shall be shown on the plans submitted for building permits. 8. That 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. 9. That gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan No. 609 and shall be subject to the review and approval by the City Traffic and Transportation Manager. Said information shall be specifically shown on plans submitted for building permits. 10. That an on-site trash truck turn-around area shall be provided in compliance with Engineering Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Trash truck turn-around(s) shall be provided during each construction phase of the project; and said turn-around area(s) shall be specifically shown on the plans submitted for building permits. -7- PC2003-71 ~ + 11. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage area(s) shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 12. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division, for review and approval. 13. That a comprehensive trash management program shall be submitted to the Public Works Department, Streets and Sanitation Division, for review and approval. Said program shall include the following information: (a) Detailed site plan, drawn to scale, showing the storage and collection areas for automated trash barrels for each unit, and (b) Truck access through the alley, and (c) Disclosures in the Covenants, Conditions, and Restrictions ("CC&R's") describing the location and storage of automated containers for each unit. 14. That all existing water service and fire lines shall conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner.Ldevelop.er shatl_ be responsible for the cost to upgrade andlor abandon any water serviee or #ire- line. 15. That 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. 16. That water improvement plans shall be submitted to the Water Engineering Division for review and approval in determining the conditions necessary for providing water service to the project; and that a performance bond, in an amount approved by the City Engineer and a form approved by the City Attorney, shall be posted with the City of Anaheim to guarantee installation of said improvements. 17. That prior to application for water meters or fire lines, or submittal of water improvement plans for approval, the developer/owner shall submit an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project to the Public Utilities Water Engineering Division. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall occur in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations. 18. That the location(s) 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 the plans submitted for building permits. Said plans shall also identify the specific screening treatment of each device (i.e., landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to review and approval by the appropriate City departments. 19. That any required relocation of City electrical facilities shall be at the developer's expense; and that the landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be shown on the plans submitted for building permits. 20. That roll-up garage doors shall be specified on the plans submitted for building permits. Said doors shall be installed and maintained as shown on the approved plans. -8- PC2003-71 i ~ 21. That plans shall be submitted to the Ciry Traffic and Transportation Manager for review and approval showing conformance with the current versions of Engineering Standard Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 22. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor use. 23. That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 137. Said information shall be specifically shown on the plans submitted for building permits. 24. That no'compacY or'small car' parking spaces shall be permitted. 25. That 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. 26. That any plumbing and other similar pipes and fixtures located on the exterior of the buildings 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. 27. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hour_s from time of occurrence_ 28. That clothes washer and dryer hookups shall be incorporated into each dwelling unit and said information shall be specified on the plans submitted for building permits. 29. That this variance is granted subject to approval and recordation of a Final Map in connection with Tract Map No. 16492, now pending. 30. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 16, and as conditioned herein. 31. That prior to issuance of a building permit or within a period of one (1) year from. the date of this resolution, whichever occurs first, Condition Nos. 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20, 21, 23, 25, 26, 28 and 29, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 32. That prior to final building and zoning inspections, Condition No. 30, above-mentioned, shall be complied with. 33. 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 Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanYs 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. -9- PC2003-71 ~ ~ May 19, 2003. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: IOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 1, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on May 19, 2003, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT NOES: COMMISSIONERS: NONE A~SENT:. COMM.I.SSIQN.ERS: NONE. IN WITNESS WHEREOF, I have hereunto set my hand this l S~ day of ~ , 2003. ~ SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -10- PC2003-71