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Resolution-PC 2008-35• RESOLUTION NO. PC2008-35 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A STATUTORY EXEMPTION SECTION 21159.23 (PUBLIC RESOURCES CODE -AFFORDABLE HOUSING) AND APPROVING MISCELLANEOUS PERMIT NO. 2007-00233 (APN NOS. 272-081-OS AND 272-081-07) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for a density bonus for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit A, attached hereto and incorporated herein by this reference. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 3, 2008, 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; 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 density bonus to construct a 53-unit affordable apartment complex is authorized under Anaheim Municipal Code Section 18.52.090 and includes Tier Two incentives to increase the maximum building height to four stories and to reduce a portion of the minimum landscape setback to 2 feet adjacent to an emergency hammerhead turnaround area where 5 feet is required. 2. That granting of the density bonus under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the scale and character of the existing neighborhood and nearby land uses. 3. That the affordable housing development will preserve the integrity and character of the zoning district and the General Plan. 4. That the affordable housing development will be consistent with design guidelines established for affordable housing and will comply with all affordability requirements. 5. That development of the project with requested development incentives is subject to implementation of a density bonus housing agreement as defined in Anaheim Municipal Code Section 18.52.230. -1- PC2008-35 • 6. That 7 persons, 3 of whom had also sent written correspondence, indicated their presence at said public hearing in opposition; and that 3 email messages were received in opposition to the subject petition. WHEREAS, the proposed project falls within the definition of Statutory Exemptions, Section 21159.23 (Public Resources Code -Affordable Housing) as defined in the State California Environmental Quality Act (CEQA) Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby approve subject Miscellaneous Permit, upon the following conditions of approval which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the Citizens of the City of Anaheim: Responsible COA Conditions of Approval for Monitorin TIMING: PRIO R TO ISSUANCE OF A B UILDING PERMIT COA 1 That final detailed elevation plans including colors and Planning materials shall be submitted for review to the Planning Commission as a "Reports and Recommendations" item. COA 2 That all plumbing or other similar pipes and fixtures located Planning on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits. COA 3 That all air-conditioning facilities and other ground-mounted Planning 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. COA 4 That an automatic fire sprinkler system shall be designed, Fire installed and maintained as required by the Fire Department. Such information shall be specifically shown on the plans submitted for building permits. COA 5 That the locations for future above-ground utility devices Utilities - including, but not limited to, electrical transformers, water Electrical backflow devices, gas, communications and cable devices, Engineering 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. -2- PC2008-35 • Responsible COA Conditions of Approval for Monitorin COA 6 That any required relocation of City electrical facilities shall Utilities - be at the developer's expense. That landscape and/or Electrical hardscape screening of all pad-mounted equipment shall be Engineering required and shall be shown on plans submitted for building permits. COA 7 That all backflow equipment shall be located above ground Water outside of the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback areas in a manner fully screened from all public streets and alleys. Said information shall be shown on plans and approved by Water Engineering and the Cross Connection Control Inspector before submittal for building permits. COA 8 That since this project has a common landscaping area Water exceeding 2,500 square feet, a separate irrigation meter shall be installed and shall comply with City Ordinance No. 5349 and Chapter 10.19 of the Anaheim Municipal Code. Said information shall be shown on plans submitted for building permits. COA 9 That all existing water services and fire lines shall conform to Water the current Water Services Standards Specification. 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 applicant shall be responsible for the costs to upgrade or abandon any water service or fire line. COA 10 That plans shall be submitted showing stop control for the PW -Traffic eastbound direction of the driveway where it intersects Greenleaf Avenue. A stop sign shall be installed and stop legend shall be painted on the driveway in the eastbound direction at the driveway intersection. Subject property shall thereupon be developed and maintained in conformance with said plans. COA 11 That plans submitted for building permits shall include a note PW -Traffic that on-going during project operation no required parking areas shall be fenced or otherwise enclosed for outdoor storage uses. -3- PC2008-35 l J Responsible COA Conditions of Approval for Monitorin COA 12 That plans submitted for building permits shall include a note PW -Traffic that fire lanes shall be posted with "No Parking Any Time" prior to final building and zoning inspections. COA 13 That Lot Line Adjustment No. 650 must be approved by the City PW - Engineer and recorded in the office of the Orange County Development Recorder. Services COA 14 That prior to application for water meters, fire line or Water submitting the water improvement plans for approval, the property owner/developer 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. 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. COA 15 That plans submitted for building permits shall show television Police security cameras which will monitor the exterior grounds of the property. Said cameras shall be located on the exterior of the building. COA 16 That the north driveway shall be aligned with the centerline of PW -Traffic Glenoaks Avenue. Said information shall be shown on plans submitted for building permits. TIMING: PRIO R TO ISSUANCE OF GRADING PERMIT COA 17 That the property owner/developer shall submit to the Public PW - Works /Development Services Division, for review and Development approval, a Water Quality Management Plan, as described in Services Drainage Area Management Plan for Orange County. Said WQMP shall: • Address 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. • Incorporate applicable Routine Source Control BMPs. • Incorporate Treatment Control BMPs. • Describe the long-term operation and maintenance, identifies the responsible parties, and funding mechanisms for the Treatment Control BMPs. -4- PC2008-35 • Responsible COA Conditions of Approval for Monitorin TIMING: PRIO R TO FINAL BUILDING AND ZONING INSPECTIONS COA 18 The property owner/developer shall: PW - • Demonstrate that all structural BMPs described in the Development Project WQMP have been constructed and installed in Services conformance with approved plans and specifications. • Demonstrate that the property owner/developer is prepared to implement all non-structural BMPs described in the Project WQMP • Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. COA 19 The subject property shall be developed substantially in Planning accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 12, and as conditioned herein. GENERAL COA 20 That all requests for new water services or fire lines, as well as Water 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. COA 21 That any tree planted on-site shall be replaced in a timely Planning manner in the event that it is removed, damaged, diseased and/or dead. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of discovery. COA 22 That approval of this application constitutes approval of the Planning 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. -5- PC2008-35 • • COA Conditions of Approval Responsible for Monitorin COA 23 That building permits shall be obtained within one (1) year Planning from the date of approval of this Resolution to exercise the entitlement for a density bonus housing development. Such time limitation maybe extended by the Planning Director in accordance with Section 18.60.170 of the Anaheim Municipal Code. COA 24 That timing for compliance with conditions of approval may Planning 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 this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice 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 March 3, 2008. 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 procedures and maybe replaced by a City Council Resolution in the event of an appeal. ~,; , `~ ^ ., ~.? . • - CHAIRMAN, ANAHEIM•PLANNING COMMISSION ATTEST: ~i(- SENOR SECRETARY, ANAHEIM PLANNING COMMISSION -6- PC2008-35 • • STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 March 3, 2008, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, KARAKI, ROMERO, VELA5QUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of March, 2008. SEND. SECRETARY, ANAHEIM PLANNING COMMISSION -7- PC2008-35