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Resolution-PC 2009-023RESOLUTION NO. PC2009-023 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A NEGATNE DECLARATION AND APPROViNG MISCELLANEOUS CASE NO. 2009-00298 (2748 WEST LINCQLN AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Density Bonus Application for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on ExhibiY "A", attached hereto and incorporated herein by this reference. WHEREA3, the Density Bonus Application was submitted in conjunction with a petition for approval of Reclassification No. 2009-00227 to reclassify the property from the Geoeral Commercial (C-G) zone to the Multiple-Family Residential (RM-4) zone, consistent with the General Plan ]and use designation of Medium De~sity Residential; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 18, 2009, 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 De~sity Bonus Application and Reclassification and to invesYigate and make findings and xecommendations in connecCion therewiCh; WHEREAS, said Commission, afrer due inspection, investigation and study made by itself and an its behalf, and afCer due consideraYion of all evideuce and reports offered at said hearing, does find and determine the following facts: l. ThaC Che proposed Density Bonus Application to construct a 45-unit affordable aparCment complex is authorized under Anaheim Municipal Code Seckion 18.52.090 and inclades one Tier Two ince~tive Por a reductioa in the minimum interior setback requirement alo~g the east, west, and sonth property lines. A 15-foot landscage and building setback is required along the east property line and 10 feet is proposed; a 35-foot landscape and building setback is required along the south property line and 14 feet is proposed; and a 5-foot landscape setback is required along the west property line and a 2-foot planter is proposed. 2. ThaC granting of the Density Bonus Application under the conditions imposed, wi11 not be detrimenCal to the healtb and safety of Che ciCizens of Che 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 hoasing development will preserve the integrity and characCer of the zoning district and the Genera] Plan. 4. That the affoxdable housing developmenY will be consiste~t with design guidelines established for affordable housing and will comply with all affordability requirements. - 1 - PC2009-023 5. That development ofthe project with the requested development incentive is subject to implementation of a density bonus housing agreement as defined in Anaheim Municipal Code Section 18.52.230. 6. That the applicant's pro-forma has demonstrated that the requested incentives would be necessazy to make the housing units economically feasible. 7. That no one indicated their presence at said public hearing in opposition; and that one letter of correspondence was received in opposition to the subject petition. WHEREAS, the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the Negative Declazation is adequate to serve as the required environmental documentation in connection with this request; and BE IT FURTHER RESOLVED that the Anaheim CiTy Plazu~ing Commission, for the reasons hereinabove stated, does hereby approve Miscellaneous Case No. 2009-00298 subject to the conditions of approval described in E~ibit "B" attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfaze of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED, that amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City 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 declazed 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 chazges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all chazges 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 tt~e Planning Commission meeting of February 18, 2009. 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 may be replaced by a City Council Resolution in the event of an appeal. CHAIRMA,N, A~IAHEIM PL~iNNING COMMISSION 1 - 2 - PC2009-023 ATTEST: SENIOR ~~RETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 February 18, 2009, by the following vote of the merabers thereo£ AYES: COMMISSIONERS: AGARWAI., BUFFA, EASTMAN, FAESSEL, KAR AKI, RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WIIEREOF, I have hereunto set my hand this ~ V~ day of Mazch, 2009. ~ SECRETARY, ANAHEIM PLANNING COMMISSION - 3 - PC2009-023 EXHIBiT "A" NTISCELLANEOUS NO. 2009-0029$ - 4 - PC3009-023 EXHIBIT "B" MISCELLANEOUS QERMIT NO. 2009-00298 RESPONSIBLE FOR NO. CONDITIONS OF APPROVAL MONITORING PRIOR TO ISSUANCE OFA BUILDING PERMIT 1 All plumbing or other similaz pipes and fixtures located Planning on the exterior of the building shall be fully screened by archiCectural devioes and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits, 3 All air-conditioning facilities and other ground-mounted Planning equipment shaU be properly shielded from view and the sound buffered from adjacent residential properties. Said informaYion sbail be specifically shown on the plans submitted for building permiCS. 3 Locations for future above-ground utility devices Planning inoluding, but not limited to, electrica] transfotmers, water backflow devices, gas, commanications and cable devices, eCC., shall be shown on plans submitted for ' building permits. Plans shaA also idenYify the specific screening treatments of each device (i.e. landscape screening, color of walls, maYerials, ide~rifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments. 4 Plans submitted for building permits shall include a note Planning that on-;oing during project operation no required parking areas shall be fenced or otherwise enclosed for outdoor storage uses. 5 The legal property owner shall enter into an Planning unsubordinated recorded a~reement with the City of Anaheim pursuant to Cali£omia Government Code Section 65915 to provide that a minimum of twenty (20) percent of the total proposed number of residential units shall be rented as very low income hpusing units as detlned in Califom3a Govemment Code Section 65915 and with appropriate rental controls as approved by the CiCy of Anaheim for a period of not less than fifty 6ve (55) years from the date of issuance of occupancy permits. A aopy of the recorded covenanC shall be submitted to the Planning Services Division. - 5 - PC2009-023 6 A private water system with separate water service for Public Utilities - fire protection and domestic water shall be provided. Water 7 Any required relocation of City elecYrica] faailities shall Publ~c Utilities - be at the developer's expense, with the exception of the Electrical existing uYility poles along the east property line. Landscape and/or hardscape screening of all pad- mounted equipment shall be required and shall be shown ' ' on plans submitted for building permits. 8 All backflow equipment shall be located above ground Public Utilities - outside of the street setback area in a manner fully Water screened from all public streets. Any backflow assemblies carrently installed in a vault sball be brought up to current standards. Any other large water system equipment sball be installed Co the satisfaeCion of Che WaCer Engineering Division i~ either uoderground vaults or outside of the street setback areas in a manner fully sereened from all public streets and alleys. Said information shall be shown on plans and approved by Water Engineering and the Cross Connection Control IospecCOr before submittal for buildi~g pernuts. 9 Since t6is project has a common landscaping area Public Utilities - exceeding 2,500 square feet, a separafe irrigation meter ' Water shall be insYalled aad shall comply with City Ordinance No. 5349 and Chapter 1019 of Che Anaheim Municipal Code. Said information shall be shown on plans submitted for bnilding permits. l0 The developer shall submiC sCreet improvement plans to Pablic Works improve Lincoln Avenne, including plaoting and irrigaCion for the p~blic parkway, to Che Public Works Department, Development Services Division. The parkway landscaping strips shall be constructed with the irrigation connected to the on-site irrigaCion system and maintained by the property owner. The developer shall sobmit a bond to guarautee that Che improvements are constructed prior to final zoning and building inspections. ] 1 The legal property owner sha11 submit an application for ~ Public Works a Subdivision Map Act Certificate of Compliance to the Public Works Department, Development Services Division. A Certificate of Compliance or Canditional Certificate of Compliance shall be approved by the City Engineer and recorded in the O~ce of the County Recorder. - 6 - PC2009-023 12 ' The property owner shall irrevocably offer to dedicate to Public Works the City of Anaheim an easement sixty (60) feet in width from Che cenYerline of Yhe street aloug Lincoln Avenue for street widening purposes. 13 The property owner/developer shall submit to the Public Public Works Works /Development Services Division, for review and approval, a Water Qoality Management Plan, as described in 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 direcdy connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporate applicable Roatine 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. 14 The property owner/developer shall: Public Works o Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. • DemonsCrate thaC the propeRy owner/developer is prepared to implement all non-stnictural BMPs described in the Project WQMP • Demonstrate that an adequake 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. PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 15 Plans submitted for building pemvts shall ioclude a note Public Works thaz fire lanes shall be posted wiCl~ "No Parking Any Time" prior to final buildin~ and zoning inspections. - 7 - PC2009-023 GENERAL CONDITIONS 16 Any tree planted on-site shail be replaced in a timely Code Enforcement manner in the event tHaC it is removed, damaged, diseased and/or dead. That Yhe property shall be permanently maintained in an orderly fashion by prouiding regular landscape maintenance, removal of trash or debris, and removal of graffiti within t~vo (2) business days from time of discovery. 17 The subject property shall be developed substantially in Planning accordance with the plans and specifications submitted to the Ciry of Anaheim by the applicant and which plans are on file with the Planning Department Exhibit Nos. 1 (Site Plan), 2-4 (Floor Plans), 5(Unit Plans), and 6 (ElevaCions) and as conditioned herein. 18 Approval of this application constitates approval of the Planning proposed raquest only to Che extent that it complies with the Anaheim Municipal Zoning Code and any other applicable Ciry, State and Federal reg~lations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. - 8 - PC2009-023