Resolution-PC 2009-083RESOLUTION NO. PC2009 -083
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A NEGATIVE DECLARATION
IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND
APPROVING CONDITIONAL USE PERMIT NO. 2009 -05444
(410 418 EAST SANTA ANA STREET)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit No. 2009 05444, to construct a 182 unit affordable
condominium project with a deviation in zoning development standards pursuant to Code
Section No. 18.06.160 of the Anaheim Municipal Code 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, this property is currently vacant and is located in the RM -3 (Multiple
Family Residential) zone. The Anaheim General Plan designates this property for Residential
Low Medium land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on September 30, 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 "Procedures 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 all evidence and reports offered at said
hearing, does find and determine the following facts:
1. The proposed condominium project is properly one for which a conditional use
permit is authorized under Code Section 18.06.160.
2. The proposed condominium project will not adversely affect the adjoining land
uses, or the growth and development of the area in which it is proposed to be located. The
proposed use and density is consistent with the contiguous condominium project to the south,
which was constructed at a density of 24 to 27 dwelling units per acre (Portion A 24 du /ac;
Portion B 27 du /ac).
3. The size and shape of the site proposed for the condominium project is adequate
to allow the full development of the proposed use in a manner not detrimental to either the
particular area or health and safety because there will be adequate parking, recreational areas,
privacy, and landscaping to accommodate the condominium project.
4. The traffic generated by the proposed condominium project use will not impose
an undue burden upon the streets and highways designed and improved to carry the traffic in the
area because the project has been designed to accommodate the required on and off site parking,
vehicular circulation, and trash collection.
1 PC2009 -083
5. The applicant applied for a density bonus to permit a higher density than allowed
in the RM -3 zone. This zone permits a density of up to 18 dwelling units per gross acre or 171
units for this property. A project with a minimum of 10% of units affordable to low income
households would qualify for a 20% density bonus, allowing up to 205 units on this property.
The applicant proposes 182 semi- attached single- family condominium dwelling units at a density
of 19 dwelling units per gross acre. The applicant is required to enter into an Affordable
Housing Agreement with the Anaheim Housing Authority which requires a minimum of 10% of
the units (19 units) to be affordable to low income households. The proposed 182 unit affordable
condominium complex complies with the density bonus requirements set forth in Section
18.52.040.060 of the Code.
6. The applicant applied for a density bonus application requesting a parking
incentive pursuant to State Law. A total of 356 on -site parking spaces and 102 of site parking
spaces along the new public streets, for a total of 458 spaces, are proposed within the
subdivision. State Law requires parking incentives to be granted for projects that provide a
minimum of ten percent of the project as affordable units. Nineteen units within the
development (10 percent of this project) would be affordable for families of low income;
therefore, the project would qualify for the parking reduction permitted by State Law. A total of
361 spaces are required for this project under this State Law provision, resulting in five spaces
less than required by Code. However, since an additional 102 off -site spaces will be provided
within the project area, the overall amount of parking provided will be sufficient to
accommodate this condominium project.
7. As authorized under Code Section 18.06.160, the applicant requests a
modification to RM -3 zone development standards pertaining to maximum coverage, minimum
front setbacks, and building to building setbacks. These modifications can be justified since the
amount of recreational space exceeds Code requirements (63,700 s.f. required; 126,420 s.f
proposed), the buildings are well articulated, and the facades are embellished with attractive
facade treatments such as decorative front porches.
WHEREAS, the Anaheim City Planning Commission has reviewed the proposal
and does hereby find that the Negative Declaration in connection with Conditional Use Permit
No. 2009-05444 is adequate to serve as the required environmental documentation in connection
with this request.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for
the reasons hereinabove stated does hereby approve Conditional Use Permit No. 2009 -05444 to
construct a 182 unit affordable condominium project with a deviation in zoning development
standards on property Iocated at 410 418 East Santa Ana Street as requested by the applicant.
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) and 18.60.200 (City Initiated Revocation or Modification of Permits) 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 declared invalid or unenforceable by the final judgment of
2 PC2009 -083
any court of competent jurisdiction, then this Resolution, and any approvals herein contained,
shall be deemed null and void.
BE IT FURTHER RESOLVED 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 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.
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. Failure to pay alI charges shall result in the revocation of the
approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of September 30, 2009. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and
may be replaced by a City Council Resolution in the event of an appeal.
ATTEST:
CHAIRMAN, ANAH I!VI CITY PINING COMMISSION
SENIOR SECt'ETARY, ANAHEIM CITY PLANNING COMMISSION
3 PC2009 -083
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 September 30, 2009, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AMENT, BUFFA, FAESSEL, KARAKI
ROMERO, RAMIREZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this 30` day of September, 2009.
L, 1
SENIOR S1 CkETARY, ANAHEIM CITYPLANNING COMMISSION
4 PC2009 -083
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 2009 054.44
0 100
LS�7
Feet
5
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is 4/- two to five feet.
10825
PC2009 -083
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2009-05444
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONITORING
PRIOR TO THE ISSUANCE OFA BUILDING PERMIT
1 All plumbing or other similar pipes and fixtures located on the Planning
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.
2 All air conditioning facilities and other ground mounted
equipment shall be properly shielded from view and the sound
buffered from adjacent residential properties. Said information
shall be specifically shown on the plans submitted for building
permits.
4 The legal property owner shall enter into an unsubordinated
recorded agreement with the City of Anaheim pursuant to
California Government Code Section 65915 to provide that a
minimum of ten percent of the total proposed number of
residential units shall be sold as low income housing units as
defined in California Government Code Section 65915 and with
appropriate price controls as approved by the City of Anaheim
for a period of not less than fifty five (55) years from the date
of issuance of occupancy permits. A copy of the recorded
covenant shall be submitted to the Planning Services Division.
Planning
3 Locations for future above ground utility devices including, but Planning
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.
Planning
5 Plans submitted for building permits shall include a note that Planning
on -going during project operation no required parking areas
shall be fenced or otherwise enclosed for outdoor storage uses.
6 All backflow equipment shall be located above ground outside Planning
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
6 PC2009 -083
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONITORING
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.
7 The developer shall coordinate with the Electrical Engineering Public Utilities
Division of the Public Utilities Department to establish Electrical
electrical service requirements and submit electric system
plans, electrical panel drawings, site plans, elevation plans, and
related technical drawings and specifications.
8 Any required relocation of City electrical facilities shall be at Public Utilities
the developer's expense. Landscape and/or hardscape Electrical
screening of all pad mounted equipment shall be required and
shall be shown on plans submitted for building permits.
9 The property owner /developer shall submit to the Public Works Public Works
/Development Services Division, for review and approval, a Development
Water Quality Management Plan, as described in Drainage Services
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.
10 The property owner /developer shall: Public Works
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.
7 PC2009 -083
NO. CONDITIONS OF APPROVAL
11 All condominium units shall be assigned street addresses by the
Building Division. Street names for any new public or private
street (if requested by the developer or required by the City) shall
be submitted to and approved by the Building Division.
12 The sanitary sewer and storm drains for this development shall be
privately maintained except the mainline sewer and storm drain
within the public streets. Improvement plans for the sanitary
sewer and private drainage system shall be submitted to the
Public Works Department, Development Services Division
concurrently with the final map.
13 The private streets within the development shall be privately
maintained. On- street parking is allowed only in designated
parking stalls. The grading and street improvement plans shall
either include no parking signs or red curbs to identify the
parking restriction.
14 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 Water
Engineering Division of the Anaheim Public Utilities
Department.
15 All existing water services and fire lines shall conform to
current Water Utility Standards. Any existing water services
that are not approved by the Utility for continued use shall be
upgraded to current standards, or abandoned by the developer.
If the existing services are no longer needed, they shall be
abandoned by the developer.
16 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 demands and fire
protection requirements.
17 Since this project has a common landscaping area 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.
8
RESPONSIBLE
FOR
MONITORING
Building
Public Works
Development
Services
Public Works
Development
Services
Public Utilities
Water
Public Utilities
Water
Public Utilities
Water
Public Utilities
Water
PC2009 -083
18 The developer /owner shall provide a detailed water usage Public Utilities
analysis and building plans for Public Utilities Water Water
Engineering review and approval in determining the adequacy
of the existing water system to meet the project's water
requirements. Any system improvements shall be done in
accordance with Rule No. 15A.6 of the water utility's Rates,
Rules and Regulations.
19 The developer /owner shall submit improvement plans for Public Utilities
Public Utilities Water Engineering review and approval in Water
determining the conditions necessary for providing water
service to the project.
20 Water improvement plans shall be submitted to the Water Public Utilities
Engineering Division for approval and a performance bond in Water
the amount approved by the City Engineer and from approved
by the City Attorney shall be posted with the City of Anaheim.
21 Individual water service and/or fire line connections shall be Public Utilities
required for each parcel or residential unit per Rule 18 of the Water
City of Anaheim's Rates, Rules, and Regulations. If the
developer forms a legal association of all the properties served,
and records it with the Orange County Recorder, then more
than one premise may be served through a single service
connection from the public water system. The association's
CC &R's shall contain provisions that define the perpetual
responsibility for the payment of all water utility service
provided and the individual responsibility of all association
members.
22 Plans submitted for building permits shall incorporate Public Utilities
reclaimed water system requirements and specific water Water
conservation measures as determined by the Public Utilities
Department, Water Engineering Division.
23 A minimum of two connections to public water mains shall be Public Utilities
required as follows: Water
Provide a 10 -foot minimum clearance between the
sewer and public water main.
Provide a public water main clearance a minimum of 3
to 6 feet from the curb line of the street.
Public water main looping inside the project boundaries
shall be required.
No public water mains within the public or private
alleys are allowed.
9 PC2009 -083
24 The location of trash and recycle barrels to be collected on trash Public Works
collection day, and the storage of the barrels, shall be provided Sanitation
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 storage
areas shall be designed and located inside the garage. Said
information shall be specifically shown on the plans submitted
for building permits.
PRIOR TO THE FIN-1L BUILDING AND ZONING INSPECTIONS
25 Fire lanes shall be posted with "No Parking Any Time." Said
information shall be specifically shown on plans submitted for
building permits.
GENER
28 The 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 (Cover Sheet), 2 (Technical
Site Plan), 3 (Tentative Tract Map), 4 (Zoning Calculation
Plan), 5 (Conceptual Landscaping), 6 (District Monumentation
Plan), 7 (Recreational Center Plan), 8 (Wall and Fence Plan), 9
(Solid Waste Management Plan), 10 -12 (Parcel J Elevations),
13 -16 (Parcel J Floor Plans), 17 (Parcel J Roof Plan), 18 -19
(Parcel K Elevations), 20 -21 (Parcel K Floor Plans), 22 (Parcel
K Roof Plan), and 23 (Community Site Plan) and as
conditioned herein.
Fire
26 Remove all existing driveway approaches on Olive Street and Public Works
replace with curb, gutter, parkway landscaping and sidewalk. Development
Obtain a Right of Way Construction Permit from the Services
Development Services Division. Improvements must be
complete prior to final building and zoning inspections.
27 Any tree planted on -site shall be replaced in a timely manner in Code Enforcement
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 two (2)
business days from time of discovery.
Planning
10 PC2009 -083
City of Anaheim
PLANNING DEPARTMENT
October 20, 2009
John O'Brien
Brookfield Homes
3090 Bristol St., Suite 200
Costa Mesa, CA 92626
SUBJECT: CONDITIONAL USE PERMIT NO. 2009 -0544
TENTATIVE 'TRACT MAP 17333
PC2009 -083 AND PC2009 -084
Dear Mr. O'Brien:
www.anaheim net TEL (714) 765 -5139
Congratulations! Your proposed project at 410 -418 East Santa Ana Street was
approved by the Planning Commission on September 30, 2009. Enclosed is a copy
of the Planning Commission's decision.
The action of the Planning Commission is contained in the attached resolution. You
will notice the resolution has a table containing conditions of approval related to
your project. The City department responsible for monitoring this condition is listed
in the last column (i.e. Planning, Public Works or PoIice).
Please contact David See at (714) 765 -4948 or dsee @anaheim.net, to discuss the
next step for moving your project forward. Also enclosed is a process flow chart
showing the remaining steps necessary to complete your project.
Keep these documents in a secure place. In the event the property is sold, provide
the attached resolution to the new /prospective property owner.
Thank you for choosing Anaheim for your project. Please complete and return the
enclosed survey regarding our process. If there is any way we can improve our
service, let us know.
Sincer ly,
CJ strup. AICP
PI ning Serrvices Manager
Enclosures
c: Anaheim Redevelopment Agency
200 South Anaheim Boulevard
P.0 Box 3222
Anaheim, California 92403