Resolution-PC 2004-131. i i
RESOLUTION N~. PC2004-131
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THA7 PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04917 BE GRANTED, IN PART '
(891 SOUTH WALNUT STREET) `
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real property;situated in the City of Anaheim, County, of Orange, State of California,
described as ` ;
PARCEL A: PARCEL 1 FO PARCEL MAP NO. 87-237, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER FILED JN BOOK 225, PAGES 34
AND 35 OF PARCEL MAPS; IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Civic Center
in the City ofAnaheim on November 1, 2004, at 2:30 p.m., notice ofsaid public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code,
Chapter 18.60, to hear and consider evidence for and against said proposed 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 aU evidence and reports offered at said hearing, does find '
and determine the followin.g facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section Nos. 18.06.160.030.0402 and 18.50 to construct a 151-unit senior citizen's
apartment retirement community including independent living, assisted living, memory impairment and
various recreational facilities for senior citizens (Walnut Village) and to retain an existing 99-bed skilled
nursing facility and chapel with waiver of the foflowing:
(a) SECTION NO. 18.06.080.010 -
(b) SECTION NO. 18.06.090.0101-
(c) SECTION NO. 18.06.090.040 -
(d) SECTION NOS. 18.42.030.0201 AND
18.42.40.10
(e) SECTION NO. 18.44.070 -
(f) SECTION NO. 18.46.110.030 -
Cr\PC2004-131
Maximum lot coveraqe
(DELETED)
Minimum structural and landscaped
setback adiacent to Ball Road and Walnut
Street (20-foot widefully setback
landscaped required; 15 to 20 feet
proposed for Ball Road and 5 to 10 feet
proposed for Walnut Street)
Minimum landscaped setback adjacent to a
sinqle-family residential zone
10-foot fully landscaped setback required;
7.5 foot proposed)
Minimum number of parkinq
spaces
~419 required; 242 proposed}
(Maximum number of freestandina siqns)
(DELETED)
Maximum fence heiqht adjacent to Ball
Road and Walnut Street
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(3-foot high fence permitted within required
front yard setback; 6-foot high wrought iron
#ence proposed
(g) SECTION N0. 18.50.040 - Maximum structural heiqht
~25 to 42.5 foot high building permitted with
, a'setback of 50 to 85 feet from single-family
resitlential zone required; 34 to 50-foot high
building with a setback of 50 to 85 feet from
' , a single-family residential zone.proposed)
(h) SECTION N0. 18.50.040.040.0401 Minimum floor area per dweilinq unit
(400 square feet required per bachelor unit;
335 square feet proposed for 2 guest units)
2. That tfieproposed use will not adversely affect the adjoining land uses or the growth and
development of the area in which it is proposed #o be Iocated as staff believes the proposed project is
compatible with existing and surrounding land uses and that the deviations from Code would achieve a good
project design to enhance the livability for'residents within theproject, and create a project that is compatible
and consistent with surrounding land uses. The proposed use would not adversely affect the adjoining land
uses and the growth and development of the area in which if is proposed and because the size and shape of
the site for the proposed use is adequate to allowthe full development of the proposed use in a manner not
detrimental to the particular area.
3. That the size and shape of the site proposed for the use is adequate to allow the fu0
development of the proposed use in a manner not detrimental to the particular area or to the:health and
safety.
4. That as demonstrated by the parking study submitted by the applicant, that the fraffic
generated by the proposed use will not impose an undue burden upon the streets and highways designed
and improved to carry the traffic in the area as the proposed project would contain 68 more parking spaces
than currently exists on the property and the number of units have been increased by only 18 units. "
5. That the granting of the conditional use permit under the conditions imposed, if any, will not
be detrimental to the health and safety of the citizens of the City of Anaheim.
6. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition. One person was present in support of the
proposal, but expressed concerns related to parking.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FfNDING: That the Planning Commission
has reviewed the proposal to establish a 151-unit (advertised as 156-unit) senior citizen's apartment
retirement community including independent living, assisted living, memory impairment and various
recreational facilities for senior citizens (Walnut Village) and retaining an existing 99-bed skilled nursing
facility and chapel, mitigation measures have been identified in the Negative Dedaration and Mitigation '
Monitoring Plan No.125 for the project. Therefore, staff recommends that a Mitigated Negative Declaration
be approved upon a finding by the Commission that the dedaration reflects the independent judgment of the
lead agency; and that it has considered the proposed Mitigated Negative Declaration together with any
comments received during the public review process and further finding on the basis of the Initial Study that
there is no substantial evidence, with the imposition of mitigation measures, that the project will have a
significant effect on the environment. Commissian may wish to note that the mitigation measures identified
and incorporated into this Negative Declaration are subject to the monitoring/reporting program as set forth
by Section 21081.6 of the Public Resources Code.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant, in part, subject Petition for Conditional Use Permit, 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 safety and general welfare of the Citizens of the City of Anaheim:
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1. That the developer shall be responsible for compliance with all mitigation measures within the
assigned time frames and any direct costs associated with the attached Mitigation Monitoring Program
No. 125 as established by the City of Anaheim and as required by Section 21081.6 of the Public
Resources Code to ensure implementation of those identified mitigation measures. `
2. That final landscape and irrigation plans shalf be submitted to the Planning Services Division for review
and approvaL Said plans shall show minimum 24-inch box size evergreen trees on maximum 20,foot
centers along the north property line. Any decision made by the Planning Services Division regarding
said plan may be appealed to the Planning Commission as a Reports and Recommendations item. All
trees shall be properly and professionally maintained to ensure mature, healthy growth.
3. That an Encroachment License for the 6-foot high wrought iron fence along Walnut Street shall be
obtained from the Public Works' Department. ,
4. 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 Planning Services Division for review and approvaf. Any decision made by the Planning Services
bivision regarding said pian may be appealed to the Planning Gommission as a Reports and
Recommendations item.
5. That a final detailed signage program (revising Exhibit Na 29) indicating sign types and location shall
be submitted to the Planning Service Division for review and approval. Freestanding signs visible to
the public right-of-way shall be limited to one (1) 20 square foot identification sign per frontage. Any -
decision made bythe Planning Services Division regarding said sign program may be appealed to the
Planning Commission as a Reports and Recommendations item.
6. That all air-conditioning facilities and other ground-mounted equipment shall be properly shielded from
view and the sound buffered from adjacent residential properties. Such information shall be
specifically shown on the plans submitted for building permits.
7. That a minimum 6-foot high block wall shall be installed along the north property line abutting the --
single-family residential zone boundary. Said block wall shall be planted with clinging vines on the
south side in order to reduce graffiti opportunities. Said information shall be specifica(ly shown on
plans submitted for building permits.
8. That all plumbing or 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.
9. 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 twenty-four (24) hours from time
of occurrence.
10. That property owner shall submit a letter requesting termination of Conditional Use Permit Nos. 3135
(to permit a chifd day care center); 1861 (to expand a retirement home) and 200 (to permit a home for
the aged) to the Planning Services Division.
11. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
12. That the 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.
13. That any required relocation of City electrical facilities shall be at the developer's expense including the
existing electrical power poles located along the north property line. That landscape and/or hardscape
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screening of all pad-mounted equipment shall be required and shall be shown on plans submitted for
building permits.
14. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
15. That plans shall be submitted to #he City Traffic and Transportation Manager for his review and
approval showing conformance with the current version of Engineering Standard Plan Nos. 436'and
470 pertaining to parking standards and driveway locations. Subject property shall thereupon be
developed and maintained in conformance wifh said plans.
16: 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. 115. Said information shall be specificaily
shown on plans submitted for building permits.
17. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 610
and maintained to the satisfaction.of the Public Works Department, Streets and Sanitation Division.
The turn-around area shall be provided through each construction phase ofthe project. Said
turn-around area shail be specifically shown on plans submitted for building permits
18. That trash storage areas shall be provided and maintained 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 information shall be specifically shown on plans submitted for building permits.
19. 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
20. That a comprehensive solid waste management program shall be submitted to the Public Works
Department, Streets and Sanitation Division.
21. That the developer shall submit street improvement plans to the Public Works Department, Development
Services Division to improve Walnut Street (Secondary with a bike lane and a 45-foot %2 width) in
conformance with Public Works Standard Detail 160-A. Walnut Street shall be widened 15 feet per
Standard Detaii 160-A (existing 20-feet between centerline and curb, 35-feet required). A 5-foot wide
parkway landscaping strip and 5-foot wide sidewalk shall be constructed with the parkway irrigation
connected to the on-site irrigation system and maintained by the property owner. No additional right-of-
way dedication is required. A bond shall be posted in an amount approved by the City Engineer and a
form approved by the City Attorney prior to issuance of a building permit. A Right-of-Way Construction
Permit shall be obtained from the Development Services Division for all work performed in the right-of-
way. The improvements shall be constructed prior to the certificate of occupancy.
22. That the existing public utilities easement shall be abandoned. An abandonment application, copy of
recorded easement, Grand Deed or Title Report, and sketch of the area to be abandoned shall be
submitted to the Real Property Section of the Public Works Department.
23. That prior to grading plan approval, the applicant shall demonstrate that coverage has been obtained :
under California's General Permit for Stormwater Discharges Associated with Construction Activity by
providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a
copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDI) Number.
The applicant shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of
the current SWPPP shall be kept at the project site and be available for Cify review on request.
24. That prior to grading plan approval, the applicant shall submit a Drainage Study prepared by a registered
professional Civil Engineer in the State of California. The Study shall be based upon and reference the
fatest edition of the Orange County hydrology Manual the applicable City of Anaheim Master Plan of
Drainage for the project area. All drainage sub-area boundaries per the Master Plan for Drainage shall be
maintained. The Study shall include: an analysis of 10-, 25- and 100-year storm frequencies; an analysis of
all drainage impacts to the existing storm drain system based upon the ultimate project build-out condition;
and address whether off-site and/ or on-site drainage improvements'(such as detention/ retention basins or
surface runoff reduction) will be required to prevent downstream properties from becoming flooded.
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25. That the City of Anaheim Sewer lmpact Mitigation fee for the Old Town/Basin 8 Area shall be paid. The
mitigation fee is currently $1,706/unit for multi-family developments.
26. That prior to the issuance of grading permit, the applicant shall submit to the Public Works Department
Development Services Division for review and approval a Water Quality Management Plan that:
• Addresses 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.
• Incorporates the applicable ; Routine Source Control BMPs as defined in the Drainage Area
Management Plan.
• lncorporates Treatment Control BMPs as defined in the DAMP.
• Describes the long-term operation and maintenance requirements for the Treatment Control BMPs.
• Identifies#he entity that will be responsible forlong-term operation and maintenance of the Treatment
Control BMPs, and
• Describes the mechanism for funding the long-term operation and maintenance of the Treatment
Control BMPs.,
27. That prior to issuance of certificate of occupancy, the applicant 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 applicant is prepared to implement all non-structural BMPs described in #he '
Project WQMP,
• Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite,
and
• Submit for review and approva{ by the City an Operation and Maintenance Plan for all structural
BMPs.
28. 7hat the developer shall submit landscape and irrigation plans for the public parkway along Walnut
Street. The plans shall be included in the street improvement plans and shall be approved by the;
Planning and Public Works Departments.
29. That the legal property owner shall irrevocably offer to dedicate an easement to the City of Anaheim for
a corner cutoff at the Walnut Street and Ball Road intersection.
30. That any existing driveway approaches on Ball Road or Walnut Street that are being closed shall be
replaced with curb, gutter, parkway landscaping and sidewalk. All proposed new driveways on Ball
Road and Walnut Street shall conform with Public Works Standard Detail No. 115-A. Said information
shall be specifically shown on plans submitted for building permits.
31. That the City of Anaheim Drainage Impact and Improvement Fee for the South Central Area shall be
paid. The fee is currently $16,312 per acre.
32. 7hat the existing buildings (except the Chapel and 99 Bed Skilled Nursing Facility) on the property shall be
demolished. The legal property owner shall obtain a demolition permit from the Building Division.
33. That 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 comply with current standards. Any other large water system equipment shall be installed to the
satisfaction of the Water Engineering Division outside ofi 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 Cross Connection Control Inspector before submittal for building permits.
34. That since this project has a common landscaping area exceeding 2,500 square feet, a separate
irrigation meter shall be installed and shall comply with Cify Ordinance No.°5349 and Chapter 10.19 of
the Anaheim Municipal Code. Said information shall be shown on plans submitted for building permits.
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35. That all existing water services 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/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line.
36. That 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 City Attorney shall be posted with
the City of Anaheim.
37. That prior to application for water meters, fire line or submitting the water improvement pians for
approval, the developer/owner shall submit to the Public Utilities Water Engineering Division an
estimate of the maximum fire flow rate and maximum day and peak hour water demands for the
project. This information will be used to determine the adequacy of the existing water'system to
provide the estimated water demands.
38: That address number shall be position so as to be'reatlily readable from the street. Minimum number
height of'12 inches recommended. Numbers should be illuminated during hours of darkness. Said
information shall be specifically shown on plans submitted for building permits.
39. That 4#oot high rooftop numbers shall be placed on the roof in'a contrasting;color to the roofing
material and shall noY be visible from adjacent public streets: Said information shall be specifically
shown on plans submitted for buiiding permits.
40. That'adequate lighting of parking lots, shipping and receiving areas, circulation areas; aisles,
passageways,'recesses, and: grounds contiguous to buildings`shaif be provided with lighting of
sufficient wattage to provide adequate illumination #o make c~early visible the presence of any person
on or about the premises during the hours of darkness and provide a safe, secure environment for all
persons, property and vehicles on-site. Said information shall be specifically shown on plans
submitted for building permits.
41. That the two guest units shall not be used as primary residences.
42. That the ancillary support services for the residents shall only be used for residence, their guest and
persons employed at this facility.
43. 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 #ile with the Planning
Department marked Exhibit Nos. 1 through 30 as conditioned herein:
44. That prior to issuance of a grading plan, Conditions Nos. 23, 24, 26 and 45, above-mentioned, shall be
complied with.
45. Thatprior to occupancy of the facility Condition Nos. 21 and 27, above-mentioned, shall be complied
with.
46. 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, 8, 9, 10, 15, 16, 17, 18, 19, 20, 21, 22,
23, 24, 25, 26, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39 and 40, above-rnentioned, 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.
47. That prior to final building and zoning inspections, Condition Nos. 27 and 43, above-mentioned, shall
be complied with.
48. 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
requesf regarding any other applicable ordinance; regulation or requirement:
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BE IT FURTHER RESOLVED that the Anaheim 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, sliall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 1; 2004. Said resolution is subject fo the appeal provisions set forth in Chapter 18.60; "Zoning
Provisions - General" of the`Anaheim Municipal Code pertainin to eal procedures a may bereplaced
by a City Council Resolution in the event.of an appeaL R
AIR AN, ANAHEIM PLANNING COMMISSION
ATT T:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior Secretary of the Anaheim Planning Commission, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on
November 1, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, ROMERO, VANDERBILT-LINARES, VELAZQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLORES
ABSTAIN: COMMISSIONERS: O'CONNELL
IN WITNESS WHEREOF, I have hereunto set my hand this G~~~day of
~.Qh , 2004.
ENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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PC200G-131