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Resolution-PC 2010-029RESOLUTION NO. PC2010 -029 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2010 -05485 (DEV2010- 00028) (410 -418 EAST SANTA ANA STREET) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2010 05485, to construct a 174 unit affordable residential 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 April 26, 2010, at 3:30 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 residential project is properly one for which a conditional use permit is authorized under Code Section 18.06.160. 2. The proposed residential 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 residential 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 proposed density. 4. The traffic generated by the proposed residential project use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the 1 PC2010 -029 area because the project has been designed to accommodate the required on and off site parking, vehicular circulation, and trash collection. 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 174 semi- attached single family condominium dwelling units at a density of 18.3 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 (18 units) to be affordable to low income households. The proposed 174 unit affordable residential project 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 336 on -site parking spaces and 102 off-site parking spaces along the new public streets, for a total of 438 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. Eighteen 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 359 spaces are required for this project under this State Law provision, resulting in 23 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 residential 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 (60,900 s.f. required; 118,052 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 -05485 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. 2010 -05485 to construct a 174 unit affordable residential project with a deviation in zoning development standards on property located 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. 2 PC2010 -029 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 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 all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 26, 2010. 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: SECRETARY, ANAHEIM CITY PLANNING COMMISSION CITY PLANNING COMMISSION 3 PC2010 -029 STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, Eleanor Morris, 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 April 26, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, BUFFA, FAESSEL, KARAK1, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: RAMIREZ IN WITNESS WHEREOF, I have hereunto set my hand this 26 day of April, 2010. SECRETARY, ANAHEIM CITY PLANNING COMMISSION 4 PC2010 -029 APN: 037 123 -15 037 123 -10 037- 123 -18 037- 123 -12 037 123 -17 037 -123 -11 037- 123 -09 037 -123 -13 037 123 -16 037 123 -14 0 029=0=20 EXHIBIT "A►' DEV2010 -00028 5 Source; Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. 10933 PC2010 -029 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2010-05485 (DEV2010- 00028) NO. CONDITIONS OF APPROVAL 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. 5 Plans submitted for building permits shall include a note that on-going during project operation no required parking areas shall be fenced or otherwise enclosed for outdoor storage uses. RESPONSIBLE FOR MONITORING PRIOR TO THE ISSUANCE OF A BU DING 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 inforrigation shall be specifically shown on the plans submitted for building permits. 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 (Le. 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 Planning 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 6 PC2010 -029 RESPONSIBLE FOR NO. CONDITIONS OF APPROVAL MONITORING 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. 7 The owner of subject property shall submit a letter requesting termination of Conditional Use Penult No. 2009 -05444 (to construct a 182 unit affordable condominium project with a deviation in zoning development standards) to the Planning Services Division. Planning 8 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. 9 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. 10 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. 11 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. 7 PC2010 -029 RESPONSIBLE FOR NO. CONDITIONS OF APPROVAL MONITORING 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. 12 All condominium units shall be assigned street addresses by the Building 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. 13 The sanitary sewer and storm drains for this development shall be Public Works privately maintained except the mainline sewer and storm drain Development within the public streets. Improvement plans for the sanitary Services sewer and private drainage system shall be submitted to the Public Works Department, Development Services Division concurrently with the final map. 14 The private streets within the development shall be privately Public Works maintained. On- street parking is allowed only in designated Development parking stalls. The grading and street improvement plans shall Services either include no parking signs or red curbs to identify the parking restriction. 15 All requests for new water services or fire lines, as well as any Public Utilities modifications, relocations, or abandonment of existing water Water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 16 All existing water services and fire lines shall conform to Public Utilities current Water Utility Standards. Any existing water services Water 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. 17 The developer shall submit a water system master plan, Public Utilities including a hydraulic distribution network analysis, for Public Water 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. 8 PC2010 -029 NO. CONDITIONS OF APPROVAL 18 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. 19 The developer /owner shall provide a detailed water usage analysis and building plans for Public Utilities 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. 20 The developer /owner shall submit improvement plans for Public Utilities Water Engineering review and approval in determining the conditions necessary for providing water service to the project. 21 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 from approved by the City Attorney shall be posted with the City of Anaheim. 22 Individual water service and /or fire line connections shall be required for each parcel or residential unit per Rule 18 of the 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. 23 This condition of approval was deleted at today's public meeting. 24 A minimum of two connections to public water mains shall be required as follows: 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 9 RESPONSIBLE FOR MONITORING Public Utilities Water Public Utilities Water Public Utilities Water Public Utilities- Water Public Utilities- Water Public Utilities Water PC2010 -029 RESPONSIBLE FOR NO. CONDITIONS OF APPROVAL MONITORING shall be required. Minimize public water mains within private streets and driveways. 25 The location of trash and recycle barrels to be collected on Public Works trash collection day, and the storage of the barrels, shall be Sanitation provided 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 FINAL BUILDING AND ZONING INSPECTIONS 26 Fire lanes shall be posted with "No Parking Any Time." Said information shall be specifically shown on plans submitted for building permits. GENERAL 29 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 (Technical Site Plan), 2 (Amended Tentative Tract Map), 3 (Amended Zoning Calculation Plan), 4 (Conceptual Landscaping), 5 (District Monumentation Plan), 6 (Recreational Center Plan), 7 (Wall and Fence Plan), 8 (Solid Waste Management Plan), 9 -11 (Parcel J Elevations), 12 -14 (Parcel J Floor Plans), 15 -16 (Parcel K Elevations), 17 -18 (Parcel K Floor Plans), and 19 (Parcel K Roof Plan), and as conditioned herein. Fire 27 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. 28 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 PC2010 -029