Resolution-PC 2006-64
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RESOLUTION NO. PC2006-64
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2006-05101 BE GRANTED
(700 EAST SOUTH STREET)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit to construct a 63-unit attachecl condominium complex with affordable units and an incentive for
certain real property situated in the City of Anaheim, County of Orange, State of California, described as:
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WHEREAS, the Planning Commission did hold a public hearing af the Civic Center in the
City of Anaheim on July 10, 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 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 that said hearing was continued from the
June 26, 2006, 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 proposed request to construct a 63-unit attached condominium complex with
affordable units and incentive is properly one for which a conditional use permit is authorized as a Planned
Unit Development by Anaheim Municipal Code Section 18.32.030.120 with the following waiver:
(a) SECTION NO. 18.40.090.060
Cr\PC2006-64
Sound attenuation for residential developments
(65 d6 CNEL required for recreational areas; 73 d6
CNEL proposed).
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PC2006-64
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2. That the waiver of sound attenuation forresidential development is hereby approved
6ecause the property has a narrow lot depth that woufd make it difficult to construct a muitiple family project
without the need for this sound attenuation waiver; and the Agencyproposes to establish a Quiet Zone at
- adjacent grade crossings thereby further reducing sound levels at the subject site. In addition, the height of
the sound wall proposed is consistent with other sound walls approved in the area for residential projects.
3. That at least ten (10) percent of the total units will be allocated for moderate income
households; therefore, the project would be in compliance with the density bonus provisions of State Law
' (Government Code Section 65915). '
4. That the incentive pertaining to improvement of right-of-way is hereby approved because the
applicant has submitted a density bonus application requesting this as an incentive pursuant to State Law
(Govt. Code Section 85915). State Law requires that one incentiVe be granted for projects that provide a
minimum of at least ten,(10) percent of the totat units for moderate income households. This project
provides affordable units for moderate income households for,eleven {11) percent of its units:
5. That the proposed project is compatible with existing and surrounding land uses and
maintainsgood overall project design.
6. 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
7. That the size and shape of the site for the proposed use is adequate to allow the #ull '
development of the proposed use in a manner not detrimental to the particular area.
8. That the granting of this conditional use permit under the conditions imposed, would not be
detrimental to the health and safety of the citizens of the City of Anaheim.
9. That modification to development standards would be compatible with existing and
surrounding land uses and that the modifications from the Code allowed under the Planned Unit
Development Ordinance (Chapter 18.06) would achieve a good project designed to preserve and enhance
the neighborhood.
10. That the modification would allow for a development that exceeds the amount of recreational
space required by code and promotes compatibility with surrounding development in a manner that would
not adversely affect the adjoining land uses and the growth and development of the area in which it is
proposed.
11. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal and does hereby approve the Negative Declaration 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 wi11
have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant 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:
PC2006-64
1. That the City of Anaheim 5ewer Impact Mmgauon ree ror me ~ia i own tsasin ts Hrea snan ue Naiu.
2. That all existing driveway approaches on South Street shall be removed and replaced with curb, gutter,
parkway landscaping„and sidewalk. A Right-of-Way Construction Permit shall be obtained from the
Public Works Department: Said information shall be specifically shown on plans submitted for building
permits. _
3. 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.
• lncorporates Treatment Control BMPs as defined in the DAMP.
• Describes the long-term operation and maintenance requirements for the Treatment Control 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 7reafinent
Control BMPs.
4. 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.
• Submit for review and approval by the City an Operation and Maintenance Plan for all structural
BMPs.
5. 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 specifically shown
on plans submitted for building permits.
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 sha11 be subject to the review and approval of the Planning Services Division prior to issuance
of a building permit.
7. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval in
conformance with the Engineering Standard No. 115 pertaining to sight distance visibility for the sign or
walUfence locations.
8. 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.
9. That no required parking area shall be fenced or otherwise enclosed for storage uses.
10. That no compact parking spaces shall be permitted.
11. 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
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Department. Said storage areas shall be designed, located and screened so as not to be readily ,
identifiable from adjacent streets or highways: The walis of the storage areas shall be protected from
graffiti 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.
12. That a plan sheet for solid waste storage and collection and a plan for recycfing shall be submitted to the
Public Works Department, Streets and Sanitation Division for review and approval.
13. That thelocationsfor future above-ground utility devices including, but not limited to, electrical
#ransformers, 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 wafls, materiafs, identifiers, access points, etc.) and shall be
subject to the review and approval of the appropriate City departments.
94. 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 ofthe Anaheim Public Utilities Department.
15. That all existing water services and fire lines shall conform to current Water Services Standards
' Speci~cations. 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 fo upgrade or to abandon any water service or fire line.
16. That all backflow equipment shall be located above ground outside of the front setback area in a manner
fullyscreened from all public streets and alleys. Any backflow assemblies currently installed in a vault
shafl be brought up to current standards. Any other large water system equipment shall be installed to 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.
17. 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.
18. That prior to submitting water improvement plans, the developer shall submit a water system master plan,
including a hydraulic distribution network analysis, for Public Utilities Water Engineering review and
approval. The master plan shall demonstrate the adequacy of the proposed on-site water system to meet
the project's water demand and fire protection requirements.
19. 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 in a form approved by the City
Attomey shall be posted with the City of Anaheim.
20. That prior to rendering water service, the developer shall submit a set of improvement plans for Public
Utilities Water Engineering review and approval in determining the conditions necessary for providing
water service ta the project.
21. That prior to application for water meters, fire line or submitting the water improvement plans 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 deiermine 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.
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22: That the property owner/developer shall install street lights on South Street as required by the Electrical
, Engineering Division. Prior to issuance of a building permit, a bond for the installation of the street lights
shall'be posted with the City of Anaheim: The street lights shall be installed prior to occupancy.
23. ThaY the property owner/developer shall provide the City of Anaheim with a public utilities easement to be
determined as e{ectrical design is completed.
24. That any required relocation of City electrical facilities shall be at the developer's expense. Landscape
and/or hardscape screening of all pad mounted equipment shall be required and said equipment shall be
located outside of the easement areas. All electrical facilities that are located on the project boundary
shall be relocated underground and all existing services that are fed from the overhead system shall be`
converted to underground at the expense of the developer. The developer shall provide 12Kv duct bank
and substructures for electrical backbone circuits per the electrical system design. The substructures shall
require a ten (10) foot wide path through the proposed streets or a ten (10) foot wide easement on the
property. Easements shall be required on the property for surFace mounted switches that are integral to
the efectrical circuits. The developer shall install the duct bank, substructres, andprovide switch
easements as the new streets are installed. The Public Utilities Department shall specify the duct bank
and easement configurations when a)oad schedule is available. The backbone circuits shall serve the
electrical systems required for.the individual buildings. :
25. That if required by the Urban Forestry Division of the Community Services Department, street trees shall
be installed, by the property owner, within the public right-of-way adjacent to South Street. The size, type
and number of trees shall be provided to the satisfaction of the Urban Forestry Division of the Community
Services Department. Said information shall be specifically shown on plans submitted for building permits.
26. That it is the developer's responsibility to remove and/or relocate any traffic signal equipment or any other
related item to #he tra~c signal at the developer's expense if the project requires street widening or
modificatio~ of the driveway.
27. That the driveway closest to the railroad track on South Street shall function as a right-in and right-out
access only. The striping on South Street shall be modified to preventturning movements. Said
information shall be specifically shown on plans submitted for building permits.
28. That all air conditioning apparatus and other roof and ground-mounted equipment shafl be properly -
shielded from view and the sound buffered from ad}acent residential properties and the public right-of-way.
Such information shall be specifically shown on the plans submitted for building permits.
29. That all dwelling units shall be assigned street addresses, and all private streets shall be assigned street
names, by the Planning Department.
30. That the applicant shall agree to construct, operate and maintain the Affordable Units in accordance with a
written "Affordability Agreement" between the applicant and the City, in a form acceptable to the City
Attomey 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.
She Affordabfe Units shall be subject to the requirements of the Affordability Agreement for a period of
fifty-five (55) years, beginning on the date a certificate of occupancy is granted for the Affordable Units.
31. That the entire property shatl 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.
32. 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.
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33. That final building elevation plans shall be submitted to the Planning Services Division for Planning
Commission review and approva! as a Reports and Recommendations item.
34. That final landscape and fencing plans for the subject property shal! be submitted to the P{anning
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 iandscape material selected shall be appropriate to the widfh of either the parkway or the planter area.
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. 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 building permits.
35. That the approval of Conditional Use Permit No. 2006-05101 is here6y granted subject to the approval
of, and finalization of, Reclassification' No. 2006-00175, now pending.
36. That fhe property owner shall submit a letter to the Planning Department requesting termination of
Variance No. 2236 (waiver of minimum height and permitted location of a freestanding sign).
37. That subject property shall be developed substantially in accordance with plans and specifications
Submitted to the City of Anaheim by the petitioner and whicti plans are on file with the Planning
Department marked Exhibit Nos. 1 through 10, and as `conditioned hereiri. ~
38. Thaf prior to issuance of a grading perrnit, or within a period of one (1) year from the date of this resolution,
whichever occurs first, Condition No. 3, above mentioned, shall be complied with. Extensions for further
time to complete said conditions may be granted in accordance with Section 18.60.170.
39. That pcior 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, 5, 6, 7, 8, 11, 12, 13,16, 17, 19, 22, 25, 27, 28, 29,
30, 33, 34, 35 and 36, 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.
40. That prior to final building and zoning inspections, Condition Nos. 4,14, 15, 22, 23, 26 and 37,
above-mentioned, shall be complied with.
41. 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.
42. 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.
43. Prior to the issuance of the first building permit, improvements to the twenty-four (24) inch sewer line in
Ball Road east of Interstate 5 shall be complete. Improvements include slip lining the reach to lower
flow depth to acceptabfe fevel. Costs for the improvements will not be credited to required sewer fees.
44. Prior to final building and zoning inspections, the private street shall be painted red, as required by the
Uniform Fire Code, to the satisfaction of the Planning and Fire Departments.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and
al! of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared
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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 the applicant is responsible for paying all charges related
to the processing'of this discretionary case application within 1b 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
_ July 10, 2006. Said resolution is subject to the appeal provisions "set forth in Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining to appeal ocedures and may be replaced _
by a City Council Resolution in the event of an appeaL
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CHAIRMAN, ANAH M ANNING COMMISSION
ATTEST: _
~-~a--z.-- ~~~2''''y''t~
~~ ' '
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 July 10, 2006, by the following vote of the members thereof: :
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, ROMERO, VELA5QUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: KARAKI
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ ~~ day of
fJ , 2006.
~L ,
- i~~y~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION