Resolution-PC 2006-110~ ~
_ RESOLUTION NO. PG2006-110
A RESOLUTION OFTHE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0: 2006-05163 6E GRANTED
(322 - 328 EAST JULIANNA STREET) ;,
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional :
Use Permit to construct a 4-unit affordable attached single family residential planned unit development for
certain real property situated in #he City of,Anaheim, County of Orange, State of California; described as; ,
LOT 3 AND THAT PORTION pF OLIVE STREET 40.00 FEET WIDE W THE CITY OF
ANAHEIM,; CQUNTY OF'.ORANGE, STATE OF CALIFORNIA, :AS SHOWN ON A MAP OF
SHAFFER-OSWALD SUBDIVISION RECORDED IN'BOOK 7, PAGE 41' OE `MISCECLANEOUS
MAPS, IN THE OFFICE DF THE COUNTY RECORDER OF 'SAID COUNTY BOUNDED ON
THE NORTH AND SOUTH BY THE EASTERLY PROCONGATIONS OF THE NORTH AND '
SOUTH LINES OF LOT 3 OF BAID SUBDIVISION, AS' 'SAID OLIVE STREET WAS
ABANDONDED BY RESOLUTION OF THE BOARD' OF i"RUSTEES OF THE CITY OF
ANAHEIM, A CERTIFIED COPY OF SAID RESOLUTION WAS RECORDED IN BOOK 1029
PAGE 598 OF OFFICIAL RECORDS OF SAID '` ORANGE COUNTY, LYING WITHW
TENTATIVE' PARCEL MAP 88-154. -
THAT PORTION OF OLIVE STREET 40.00 FEET WIDE IN THE CITY OF ANAHEIM, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF SHAFF~R-OSWALD
SUBDIVISION ` RECORDED IN BOOK 7, PAGE 21 OF ' MISCELLANEOUS MAPS, W THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY BOUNDED ON THE NORTH AND
SOUTM BY THE EASTERLY:PROLONGATIONS OF THE NORTH AND SOUTH LINES' OF
LOT 3 OF SAID SUBDIVISION, AS SAID:OLIVE STREET WAS ABANDONDED BY
RESOLUTION OF THE BOARD OF TRUSTEES OF THE CITY OF ANAHEIM, A CERTIFlED
COPY OF SAID RESOLUTION WAS RECORDED IN BOOK 1029 PAGE 498 OF' OFFICIAL
RECORDS OF SAID ORANGE COUNTY.
WHEREAS, the Planning Commission did ho~d a public hearing at the Civic Center in the
City of Anaheim on November 27, 2006, at 2:30 p.m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipat Code, Chapter 18.60, to
hear and consider evidence for and against said proposed'conditional usepermit and to investigate and
make findings and recommendations in connection therewith; and that said hearing was continued to _
December 11, 2006; 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 request to construct a 4-unit affordable attached single family planned :
unit development is properly one for which a conditional use permit is authorized by Anaheim Municipal
Code Section Nos. 18.06.030.040.0402 (Dwellings-Single-Family Attached) and:18.06.160.010 with the.
following waivers:
(a) SECTION NO. 18.06.090.050 Minimum setback between buildinqs. (30 feet
required; 26 feet proposed).
(b) SECTION NO. 18.40.060 Dedication and improvement of riqht-of-wav:
Deleted).
(C) SECTION NO. 18.42.030.020 Minimum~ umber of parkinq sqaces. (12 spaces
required;,10 spaces proposed). :
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2: That waiver (a) fior minimum setback between buildings is hereby approved since the site
design, architecture, landscaping, and window arrangement of the proposed condominium complex achieves
the intent of this code requirement and the project maintains good design that`will provide privacy and
livability for'residents within and surrounding the project: In'addition, several of the.apartment complexes in
the area have building separations of less #han thirty feef, therefore, compliance with the code would deprive
this property;of a privilege enjoyed by other properties in the vicinity.
3. That waiver (b) for dedication and improvement of right-of-way is hereby denied because the
waiver has been deleted.
4. Tha# waiver (c) for minimum number ofparking spaces is hereby approved based upon the
findings of an "Affordable Housing Parking Jncentive Report'' prepared by LSA Associates. The report
concludes that the parking demand for affordable housing projects, especially for very low income
households, is lower than Zoning Code requiremenfs due to socioeconomic variables, the correlation of
income levels and automobile ownership rates, and the propensity to'utilize alternative modes of traveL
5. That the parking waiver, under the conditions' imposed, if any, will not cause fewer off-street
parking spaces to be provided for such use than the number of such spaces necessary to accommodate all
vehicles attributable to such use under#he normal and reasonable foreseeable conditions of operation of
such use because based upon a lower parking demand for very low income households and occupancy
restrictions on the dwelling units, the parking provided would satisfy all foreseeable parking needs.
6. ' That the parking waiver, under the conditions imposed, if any, will not increase the demand
and competitionfor parking spaces upon the public streets in`the immediate vicinity of the proposed use
because based upon the conclusions contained in the submitted parking study, the"number of parking
spaces provided are determined to be sufficient for the site because 2 spaces for each 3 bedroom unit would
be adequate for very low income households, therefore there should be no parking on adjoining properties
or upon the public streets.
7. That the parking waiver, under the conditions imposed, if any, will not increase the demand
for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because
based on the reportfindings that low income households generate a lower parking demand, all on-site '
parking demand can be accommodated on the proposed project site and there should be no parking on
adjoining properties. '
8. That the parking waiver, under the conditions imposed, will not increase traffic congestion
within the off-street parking areas or lots provided for such use because the traffic generated by four
condominium units will have a negligible impact on traffic congestion in the surrounding neighborhood.
9. That the parking waiver, under the conditions imposed, will not impede vehicular ingress to
or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use
because there will be no impact upon vehicular ingress or egress from adjacent properties or upon the pub~ic
streets in the immediate vicinity of this project.
10. That the requested modification to the street side setback should be approved because the
proposed setback line would be consistent with other projects along the street and further because Public
Works has no intention to widen the street so a fifteen foot wide setback will be maintained. The interior
setback modification should be approved because the proposed setbacks are consistent with those found in
the neighborhood now. In addition, the amount of recreational space exceeds Code requirements and
enhanced private and common yard areas are being provided in a manner that achieves the intent of these
development standards.
11. That the project would not. adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed because the site plan is well designed with adequate
setbacks to the street and within the development. -
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12. That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area.
13. That the granting of this conditional use permit under the conditions imposed, would not.be
detrimental to the health and safety of the cifizens of the City of Anaheim.
14. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CAUFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning;Director's
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions; Section 15303, Class 3(New Construction or Conversion of Small Structures), as defined in the
CEQA Guidelines and is, therefore;.exempt from requirementto prepare additional environmental '
documentation.
NOW, THEREFORE, BE IT RESOLVED thatthe Anaheim Planning Commission does
hereby grantsubject 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 #he City of Anaheim:
1. That the developer shall submit sewer improvement plans to the Public Works Department, Development
Services Division and a bond shall be posted to guarantee that the impactetl existing six inch (6") sewer
lines shall be upsized to eight inch (8") per the Combined Central Anaheim Area Study and shall be
approved by the City Engineer.
2. That the City of Anaheim Sewer lmpact Mitigation fee for the Old Town Basin 8 Area shall be paid.
3. That the existing driveway approach on Julianna Street shall be removed and replaced with curb, gutter;
and sidewalk. Said information shall be shown on plans submitted for building permits. A Right-of-Way
Construction Permit shall be obtained from the Development Services Division. Improvements shall be
complete prior to final building and zoning inspections.
4. That prior to issuance of a 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.
• Incorporates Treatment Control BMPs as defined in the DAMP.
• Describes the long-term operation and maintenance requirements for the TreatmenfControl BMPs.
• Identifies the entity that will be responsible for long-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.
5. That prior to issuance of a 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 the
Project WQMP.
• Demonstrate that an adequate number of copies of the approved Project WQMP are available
onsite.
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• Submit for review and approval by the City an Operation and Maintenance Plan for all structural
BMPs.
6. That gates shall not be installed across the driveway 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. 475 and shall be subject#o the review'and approval bf the Planning Services Division prior to issuance
of abuilding permit.
7. That plans shall be submitted to the Planning Services Division for review and approval showing
conformance with the current version of Engineering Standard Plan Nos. 402B, 436 and 470 pertaining to
parking standards and driveway locations. Subject`property shall thereupon be developed and maintained
in conformance with said plans.
8. That no required parking area shall be fenced or otherwise enclosed for storage uses.
9. That no compact parking spaces shall be permitted.
10. ; 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
' bepartment. 8aid storage areas shall be designed, located and screened so as not to be readily `
identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from
gra~ti opportunities by the use of plant materials such as minimum 1-gallon size clinging vines planted on
maximum 3-foot centers or tall shrubbery.' Said information shall be specifically shown on the plans
submitted for building permits.
11: 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
12. That the locations for future above-ground utility devices including,' but nof limited #o, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on
plans submitted for building permits. Plans shaU also identify the specific screening treatments of each '
device (i:e. landscape screening, co~or of walls,,materials, identifiers, access points, etc.) and shall be
subject to the review and approval of the appropriate City departments.
13. 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 the Water Engineering
Division of the Anaheim Public Utilities Department.
14. That all backflow equipment shall be located above ground outside of the front setback area in a manner
fully screened from all public streets and alleys. Any backflow assemblies currently installed in a vault
shall be brought up to current standards. Any other large water system equipment shall be installed #o the
satisfaction of the Water Engineering Division outside of the front setback area in a manner fully screened
from all public street and alleys. Said information shall be specifically shown on plans and approved by
Water Engineering and Cross Connection Control Inspector.
15. That since this project has landscaping area exceeding 2,500 square feet, a separate irrigation meter shall
be installed and comply with City Ordinance No. 5349 and Chapter 10.19 of Anaheim Municipal Code: ,
Said information shall be specifically shown on plans submitted for building permits.
16. Thaf the property owner/developer shall provide the City of Anaheim with a public utilities easement to be
determined as electrical design is completed.
17. That all air conditioning apparatus and other roof and ground-mounted equipment shall be properly
shielded from view and the sound buffered from adjacent residential properties and the public right-of-way. ;
Such information shall be specifically shown on the plans submitted for building permits.
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18. That all dwelling units shall be assigned street addresses by the Planning Department.
19. That the applicant shall agree to construct, operate and maintain the Affordable Units in accordance with a
written "AffordabilityAgreement° between the applicant and the City, in a form acceptable to the City
Attorney and Community Development Department, duly executed and acknowledged by the applicant
and the City, and recorded against the subject property in the official records of Orange County, California.
The Affordable Units shall be subject to the requirements of the AffordabilityAgreement for a period of
fifty-five (55) years, beginning on the date a certificate of occupancy is.granted for the Affordable Units.
20. That the entire property shall be permanently maintained in an orderly fashion by providing regular
landscape maintenance, removal of frash or debris, and removal of graffiti within twenty-four (24) hours ;
from time of discovery;
21. 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.
22. That final building elevation' plans shall be submitted to the Planning and Community Development
`Departments forreView and approvaL Any decision made by the Planning and Community
Development Departments regarding said plan may be appealed to the Planning Commission as a
Reports and Recommendations item. Such information shall be specifically shown on the planssubmitted
for building permits.
23. Jhat final landscape and fencing plans for the subject property shall be submitted to the Planning
Department for review and approval. Said plans shall show minimum 24-inch box size trees, shrubs,
groundcover, and clinging vines to be planted in layers on all walls visible from the public right-of-way. ;
The landscape material selected shall be appropriate to the width of either the parkway or the planter area
Any decision made by the Planning and Community Devetopment Departments regarding said plan may
be appealed to the Planning Commission as a Reports and Recommendations item. All trees shall be
properly and professionally maintained by the property owner to ensure mature, healthy growth. Such
information shall be specifically shown on the plans submitted for buildingpermits.
24. That the approval of Conditional Use Permit No. 2006-05163 is hereby granted subject to the approvaf
of, and finalization of, Tentative Parcel Map No. 2006-131, now pending.
25. That 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 Nos. 1 through 8, and as conditioned herein.
26. That prior to issuance of a grading permit, or within a period of one (1) year from the date of this resolution,
whichever occurs first, Condition No. 4, above mentioned, shall be complied with. Extensions for further
time to complete said conditions may be granted in accordance with Section 18.60.170. :
27. 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.1, 2, 3, 6, 7, 10,-11, 12, 14,15, 17, 18, 19, 22, 23, and
24, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may
be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code.
28. That prior to final building and zoning inspections, Condition Nos. 3, 5 and 25, above-mentioned, shall be
complied with.
29. 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 appficabte ordinance, regulation or requirement.
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30. 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 Anaheim Planning Commission does hereby find and
determine that adoption of thisResolution is expressly predicated upon applicant's compliance with each and
alLof 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 Resotution, -
and any approvals herein contained, shalf be deemed nul{ and void. '
BE IT FURTHER RESOLVED that the applicant is responsible forpaying aU charges related
to #he processing of this discretionary"case application within 15 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first.` Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval`of this application. _
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 11, 2006. Said resolution is subject to the appeal provisionS set#orth in Chapter 18.60, "Zoning
' Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures antl may be replaced
by a City Council Resolution in the event :of an appeaL :
~ CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 December 11; 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
~ IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 2007.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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