PC 2005/10/31Anaheim Planning
Commission Agenda
Monday, October 31, 2005
Council Chamber, City Hall
200 South Anaheim Boulevard. Anaheim. California
Chairman: Gail Eastman
Chairman Pro - Tempore: Cecilia Flores
Commissioners: Kelly Buffa, Joseph Karaki, Ed Perez,
Panky Romero, Pat Velasquez
. Call To Order
Preliminary Plan Review 1:00 P.M.
• Staff update to Commission on various City developments and issues
(As requested by Planning Commission)
• Preliminary Plan Review for items on the October 31, 2005 agenda
Recess To Afternoon Public Hearing Session
• Reconvene To Public Hearing 2:30 P.M.
For record keeping purposes, if you wish to make a statement regarding any
item on the agenda, please complete a speaker card in advance and submit it to
the secretary.
Pledge Of Allegiance
Public Comments
Consent Calendar
Public Hearing Items
. Adjournment
You may leave a message for the Planning Commission using the following
e -mail address: plan ningcommission(Wanaheim.net
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Anaheim Planning Commission Agenda - 2:30 P.M.
Public Comments:
This is an opportunity for members of the public to speak on any item under the jurisdiction of the
Anaheim Planning Commission or public comments on agenda items with the exception of public hearing
items.
Consent Calendar:
The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate
discussion of these items prior to the time of the voting on the motion unless members of the Planning
Commission, staff or the public request the item to be discussed and /or removed from the Consent
Calendar for separate action.
Reports and Recommendations
1A.(a) CONDITIONAL USE PERMIT NOS. 307. 2063 AND 3429
(b) VARIANCE NO. 4041
(Tracking Nos. CUP2005 -05034 and VAR2005- 04660)
Agent: John C. O'Brien, Brookfield Homes, 3090 Bristol Street,
Suite 200, Costa Mesa, CA 92626 -3061
Location: 2300 -2340 West Lincoln Avenue. Property is
approximately 8.8 acres, having a frontage of 660 feet on the south
side of Lincoln Avenue and is located 650 feet east of the centerline of
Gilbert Street.
Request to terminate Conditional Use Permit No. 3429 (to permit a
portable food service use (hot dog cart) in conjunction with a permitted
retail store), Conditional Use Permit No. 2053 (to permit an auto
service station), Conditional Use Permit No. 307 (to construct a service
station and used car lot) and Variance No. 4041 (waiver of minimum
number of parking spaces and limitations to be permitted uses and Project Planner:
structures to establish a 90,000 square foot home improvement store Qnixon@anaheim.net)
with an outdoor garden center).
Q. S. 33
Termination Resolution No.
1B.(a) CEQA NEGATIVE DECLARATION (PREVIOUSLY- APPROVED)
(b) CONDITIONAL USE PERMIT NO. 2005 -04971
(Tracking No. CUP2005- 05040)
Agent: Laura North, 2828 North Danbury Street, Orange, CA
92867
Location: 5395 East Hunter Avenue. Property is 2.1 acres, having
a frontage of 320 feet on the north side of Hunter Avenue and is
located 110 feet north of the centerline of Brasher Street (Pump It Up). Project Planner:
(kwong2 @anaheim. net)
Request for determination of substantial conformance pertaining to
additional office area for a previously- approved indoor private Q. S. 177
recreation facility.
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Minutes
7 c.
ID.
7 E.
Receiving and approving the Minutes from the Planning Commission
Meeting of September 7, 2005. (Motion)
Continued from the September 19, and October 3, 2005, Planning
Commission meetings.
Receiving and approving the Minutes from the Planning Commission
Meeting of September 19, 2005. (Motion)
Continued from the October 3, 2005, Planning Commission meeting.
Receiving and approving the Minutes from the Planning Commission
Meeting of October 3, 2005. (Motion)
Request for
continuance to
November 14, 2005
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2a. SUBSEQUENT EIR NO. 332 (PREVIOUSLY- CERTIFIED) AND
ADDENDUM AND MITIGATION MONITORING PLAN NO. 138 -A
2b. TENTATIVE TRACT MAP 16869
Agent: Lennar Platinum Triangle LLC, 25 Enterprise, Aliso Viejo,
CA 92656
Location: The Platinum Triangle. The "LennarA -Town Project"
encompasses an approximate 41.4 -acre project site is
generally located between Katella Avenue and Gene Autry
Way, extending from State College Boulevard to just west
of South Betmor Lane in an area of the City of Anaheim
known as The Platinum Triangle. The project site is further
identified as Sites 1 and 2 on the map below. Site 1
encompasses 31 acres located at 1200 -1558, 1700, and
1800 East Katella Avenue; 1301 -1395 and 1551 Gene
Autry Way; 1870, 1871, 1880, 1881, 1890, 1891, 1900, and
1901 South Chris Lane; 1833 and 1841 South State
College Boulevard; 1800 and 1801 East Talbot Way. Site 2
encompasses 10.4 acres located at 1871, 1881, 1891,
1901, 1870, 1880, 1890, 1900 and 1910 South Betmor
Lane and 1100 East Katella Avenue. The project site also
encompasses portions of South Chris Lane and South
Betmor Lane as indicated in the vicinity map.
Request to establish a 19 -lot (including four lettered lots) subdivision for
Lennar's "A- Town ", a master planned community, with up to 2,681
residential units, two public parks and associated public facilities and
infrastructure (identified as Site 1 and Site 2). Project Planner:
(cflo res @a na he i m. net)
Continued from the October 3, 2005, Planning Commission meeting.
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3a. CEQA NEGATIVE DECLARATION (PREVIOUSLY- APPROVED
3b. CONDITIONAL USE PERMIT NO. 2090
(TRACKING NO. CUP2005- 050271:
Owner: Paul Nikolau, 1160 North Kraemer Boulevard,
Anaheim, CA 92806
Agent: Juan M. Reynoso, Xalos Restaurant and Bar, 1160
North Kraemer Boulevard, Anaheim, CA 92805
Location: 1160 North Kraemer Boulevard: Property is
approximately 0.9 -acre, having a frontage of 175 feet
on the east side of Kraemer Boulevard and is located
242 feet south of the centerline of Coronado Street.
Request for reinstatement of this permit by the modification or deletion of
a condition of approval pertaining to a time limitation (approved on
September 20, 2004 to expire August 27, 2005) to retain public
entertainment in conjunction with a previously- approved restaurant with
sales of alcoholic beverages for on- premises consumption ( Xalos
Restaurant).
Continued from the October 3, 2005, Planning Commission meeting.
Conditional Use Permit Resolution No.
4a. CEQA NEGATIVE DECLARATION
4b. WAIVER OF CODE REQUIREMENT
4c. CONDITIONAL USE PERMIT NO. 2006.05028
4d. TENTATIVE PARCEL MAP NO. 2006.247
Owner: Calvada Development, Shawn Danesh, 26996 La Paz
Road, Aliso Viejo, CA 92656
Agent: Meg Beatrice, Architecture M, 808 East Ocean Boulevard,
Suite 105, Long Beach, CA 90802
Location: 1131 West Lincoln Avenue: Property is approximately
0.39 -acre, located at the northeast corner of Lincoln
Avenue and Carleton Avenue
Conditional Use Permit No. 2005 -05028 - Request to construct a 3,897
square - foot', three unit commercial retail center including a drive - through
coffee shop (Starbucks) with waivers of (a) minimum landscaped setback,
(b) minimum number of parking spaces, and (c) location of drive - through
lane.
Tentative Parcel Map No. 2005 -247- To establish a 1 -lot commercial
subdivision.
Conditional Use Permit Resolution No.
*advertised as 4,100 square -foot
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Project Planner:
(avazquez @anaheim. net)
Q.S. 140
Project Planner:
0 pramirez @anaheim. net)
Q.S. 62
(10/31/05)
Page 5
Sa. CEQA NEGATIVE DECLARATION
5b. WAIVER OF CODE REQUIREMENT
Sc. CONDITIONAL USE PERMIT NO. 2005 -05031
Owner: Mark Ghassemi, 301 East Ball Road, Anaheim, CA 92805
Agent: Patrick Anderson, 16022 Aria Circle, Huntington Beach, CA
92649
Location: 301 East Ball Road Property is approximately 0.93 -acre,
having a frontage of 150 feet on the north side of Ball Road
and is located 333 feet east of the centerline of Technology
Drive (011in International, Inc.).
Request to permit and retain an existing outdoor storage area and to
install an overhead crane to load trucks with slab materials in conjunction
with an existing wholesale building material (stone) distribution business
with waivers of minimum number of parking spaces.
Conditional Use Permit Resolution No.
Request for
Continuance to
November 14, 2005
Project Planner:
Qpramirez @anaheim. net)
Q.S. 95
Adjourn To Monday, November 14, 2005 at 1:00 P.M. for
Preliminary Plan Review.
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M=IA9lyN7 II s]►N701111411kgV
I hereby certify that a complete copy of this agenda was posted at:
3:30 October 26, 2005
(TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND
COUNCIL DISPLAY KIOSK
SIGNED: (Original Signed by Danielle C. Masciel)
If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice, or in a written
correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing.
RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION
Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use
Permits and Variances will be final 22 days after Planning Commission action and any action regarding
Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely
appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied
by an appeal fee in an amount determined by the City Clerk.
The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing
before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing.
ANAHEIM PLANNING COMMISSION
In compliance with the American with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the Planning Department, (714) 765 -5139. Notification no later than 10:00 a.m.
on the Friday before the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
Recorded decision information is available 24 hours a day by calling the Planning Department's
Automated Telephone System at 714. 765.5139.
SCHEDULE
2005
II November 14 II
November 28
II December 12 II
11 December 28 (Wed) 11
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ITEM NO. 1 -A
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C -G RC 98- 9-11 LU aci ss
19
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AVENUE
550'to thecent -1'-
1,280 TO THE CEI
of Gilbert Street
660' BROOKHURS
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RCL 98 - 99 - 11
O O N
RCL 62 - 63 - 28
TLUP 2005 -05834
N..o
I r-ND
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cUP2003-0 681
CUP 3429
r E'O
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2003 -04730
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RCL 2003 -00093
'P 1999 RCL 77-78 -23 ) I
RCL 98 -99 -11
DJ 78 T -CUP 2003 -04730 RM -2 (BCC)
RCL6263 -28
NG CENTER CUP 1999 I RCL 2001 -00063
T -CUP 2005 -05034
SHOPPING RCL98 -99 -11
T -CUP 2003 -04776
CENTER o RCL 6263 -28
CUP 2003 -04681
T -CUP 2005 -05034
CUP 3429
z ' T -CUP 2003 -04776
CUP 307
T
CUP 2003 -04681
T -VAR 2005 -04660
CUP 3429
VAR 4041 RCL 71 -72 -02 (1)
CUP 2053
82 DU RCL 71 -72 -04
CUP
(Res of Intent to CL)
T -VAR 2005 -05- 04660
264 DU
111_'
30 VAR4041
APARTMENTS
=R
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T -CUP 2004 -04872 RM-4
TRANSIT AVENUE
CUP 2871
VAR 2277 APARTMENTS
(CUP 223)
PRIVATE SCHOOL
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Conditonal Use Permit No- 3429, 307, 2053
Subject Property
TRACKING NO- CUP2005 -05034
Date: October 31, 2005
Variance No- 4041
Scale: 1"=200'
TRACKING NO- VAR2005 -04660
Requested By: JOHN C- O'BRIEN
Q.S- No- 33
REQUEST TO TERMINATE CONDITIONAL USE PERMIT
NO- 3429 (TO PERMIT A PORTABLE FOOD
SERVICE USE (HOT DOG CART) IN CONJUNCTION
WITH A PERMITTED RETAIL STORE, CONDITIONAL
USE PERMIT NO- 2053 (TO PERMIT AN AUTO SERVICE STATION), CONDITIONAL USE PERMIT NO- 307
(TO CONSTRUCT A SERVICE STATION AND USED CAR LOT), AND VARIANCE NO- 4041 (WAIVER OF
MINIMUM NUMBER OF PARKING SPACES AND LIMITATIONS
TO BE PERMITTED USES AND STRUCTURES
TO ESTABLISH A 90,000 SQUARE FOOT HOME IMPROVEMENT
STORE WITH AN OUTDOOR GARDEN
CENTER -
2300 -2340 West Lincoln Avenue
2050
Staff Report to the
Planning Commission
October 31, 2005
Item No. 1 -A
1 -A. REPORTS AND RECOMMENDATIONS
a. CONDITIONAL USE PERMIT NOS. 3429. 2053. 307 & (Resolution)
VARIANCE NO- 4041 — REQUEST FOR TERMINATION
(Tracking Nos. CUP2005 -05034 and VAR2005- 04660)
SITE LOCATION AND DESCRIPTION:
(1) This rectangularly- shaped, 8.8 -acre property has a frontage of 660 feet on the south side
of Lincoln Avenue, a maximum depth of 580 feet, and is located 650 feet east of the
centerline of Gilbert Street (2300 - 2340 West Lincoln Avenue).
REQUEST
(2) The Development Director for Brookfield Homes, John C. O'Brien has submitted the
attached letter requesting termination of Conditional Use Permit Nos. 3429, 2053, 307, and
VAR4041.
BACKGROUND
(3) The property is partially developed with attached and detached condominium and single
family residences and is zoned RM -2 (BCC) (Multiple - Family Residential, Brookhurst
Commercial Corridor Overlay). The Anaheim General Plan Land Use Element Map
designates this property for Low - Medium Density Residential land uses. The Anaheim
General Plan Land Use Element Map further designates properties to the north across
Lincoln Avenue for Low - Medium Density Residential land uses, to the east for Medium
Density Residential and uses, to the south for Low Density Residential and School land
uses, and to the west for Neighborhood Commercial land uses. The property is also
located within the West Anaheim Commercial Corridors Project of the Merged Anaheim
Redevelopment Area.
(4) Conditional Use Permit No. 3429 (to permit a portable food service use(hot dog cart) in
conjunction with a permitted retail store) was approved by the Planning Commission July
18, 1991.
(5) Conditional Use Permit No. 2053 (to permit an auto service station) was approved by the
Planning Commission on January 14, 1980.
(6) Conditional Use Permit No. 307 (to construct a service station and used car lot) was
approved by the City Council on November 13, 1962.
(7) Variance No. 4041 (waiver for minimum number of parking spaces and limitations to
permitted uses and structures to establish a 90, 000 square foot home improvement store
with an outdoor garden center) was approved by the Planning Commission on April 23,
1990.
Srcup3429jn.doc
Page 1
Staff Report to the
Planning Commission
October 31, 2005
Item No. 1 -A
(8) Condition of approval no. 32 of Resolution No. PC2003 -59 (to permit 32 attached and 50
detached residential units) requires the termination of Conditional Use Permit Nos. 3429,
2053, 307, and Variance No. 4041.
(9) The property manager is requesting termination of these conditional use permits since
these entitlements are no longer needed-
RECOMMENDATION
(10) Staff recommends that unless additional or contrary information is received during the
meeting, and based upon the evidence submitted to the Planning Commission, including
the evidence presented in this staff report, and oral and written evidence presented at the
meeting that the Commission, by resolution, terminate Conditional Use Permit Nos. 3429,
2053, 307, and Variance No. 4041.
Srcup3429jn.doc
Page 2
[DRAFT]
RESOLUTION NO. PC2005 - * **
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
TERMINATING ALL PROCEEDINGS IN CONNECTION WITH
CONDITIONAL USE PERMIT NOS. 307, 2053, 3429 AND VARIANCE NO- 4041
WHEREAS, on July 15, 1991, Conditional Use Permit No. 3429 was granted under Resolution
No. PC91 -108 and later amended on August 23, 1993 under Resolution No. PC93 -96 by the Anaheim Planning
Commission to permit a portable food service use (hot dog cart) in conjunction with a permitted retail store; and
WHEREAS, on January 14, 1980, Conditional Use Permit No. 2053 was granted under
Resolution No. PC80 -6 by the Anaheim Planning Commission to permit an auto service station in the CL zone;
and;
WHEREAS, on November 11, 1962, Conditional Use Permit No. 307 was granted under
Resolution No. 62R -1005 by the Anaheim City Council to permit to construct a service station and used car lot;
and
WHEREAS, on April 23, 1990, Variance No. 4041 was granted under Resolution No. PC90 -100
by the Anaheim Planning Commission (waiver for minimum number of parking spaces and limitations to
permitted uses and structures to establish a 90,000 square foot home improvement store with an outdoor
garden center; and
WHEREAS, John C. O'Brien, Brookfield Homes, has submitted a letter requesting termination
of Conditional Use Permit Nos. 307, 2053, 3429 and Variance No. 4041 to comply with the conditions of
approval and since these entitlements are no longer needed..
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby
terminate all proceedings in connection with Conditional Use Permit Nos. 307 (to construct a service station and
used car lot), 2053 (to permit an auto service station), 3429 (to permit a portable food service use (hot dog cart)
in conjunction with a permitted retail store ) and Variance No. 4041 (waiver of minimum number of parking
spaces and limitations to be permitted uses and structures to establish a 90,000 square foot home improvement
store with an outdoor garden center) on the basis of the foregoing findings.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 31, 2005. 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.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION
Cr1PC2005- -1- PC2005-
Tracking Nos. CUP2005 -05034 and VAR2005 -04660
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
October 31, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
2005.
IN WITNESS WHEREOF, I have hereunto set my hand this day of
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-2- PC2005-
Attachment - R &R 1 -A
s
BR00KFIIIH
June 24, 2003 H o M E s
City of Anaheim
Zoning Division
200 South Anaheim Boulevard
Anaheim, CA 92805
Re: Conditional Use Permit No 2003 -04681
To Whom It May Concern:
Brookfield Homes has completed a Petition for a Conditional Use Permit for the property located at
2300 — 2340 West Lincoln Avenue. The City of Anaheim Planning Commission granted preliminary
approval on April 21, 2003. As a condition of approval, Brookfield Homes is requesting the
termination of the following petitions:
• Variance No. 4041 (waiver to minimum number of parking spaces and limitations to be permitted
uses and structures to establish a 90,000 square foot home improvement store with an outdoor
garden center);
• Conditional Use Permit No. 3429 (to permit a portable food service use —hot dog cart —in
conjunction with a permitted retail store);
• Conditional Use Permit No. 2053 (to permit an auto service station); and
• Conditional Use Permit No. 307 (to construct a service station and used car lot).
If you have any questions regarding this matter, please call me at (714) 200 -1653.
Sincerely,
C. O'
ANAHEIM
Director
cc: David See, Senior Planner
Damien Delany, Senior Project Manager
SOUTHLAND BUSINESS GROUP
3090 Bristol Street, Suite 200, Costa Mesa CA 92626 -3061
Phone 714.427.6868 • Fax 714.427.6869
ITEM NO. 1 -A
j RCL 65 -66 -17
Q CUP 1500
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.L SSSS -n J RS -2 p 1 DU
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D 2002-04535 1 DU EACH
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RETAIL CENTER
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W K 0 J
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G'1ANGETHORPE AVENUE
Atchi
son Top�a and ga
Ma Fo Railroad
SP 94 -1
RCL 70 -71-47 (18) SP 94 -1
RCL 70 -7146 SP 94 -1
VAR 4187 SMALL INDUSTRIAL ry RCL 70 -71-46
CLOTHESTIME FIRMS o RCL 70 -71 -47 (22)
T -CUP 2005 -05040
CUP2005 -04971 SP 94 -1
SMALL INDUSTRIAL RCL 70 -7147 (22)
FIRMS RCL 70 -7146
DA2 PACIFIC SF
TRANSFORMER RCL 70
RCL
HUNTER AVENUE DA2 RENAIS:
320 L
SP 94 -1 SP 94 -1
SP 94 -1 SP 94 -1 RCL 70 -71 -47 (9)
VAR 3667 RCL 70 -7147 (22) RCL 70 -71 -46
SMALL INDUSTRIAL FIRMS RCL 70 -71-46 LU I SP 94 -1 T -CUP 2003 -04666
SCE LU RCL 70 -7147 (22) CUP 2000 -04272
DA2 F- RCL 70 -7146 T -CUP 2000 -04240
O T -CUP 2001 -04390 CUP 4156
SP 941 Of CUP 2000 -04272 (CUP 3306)
SP 94 -1 RCL 70 -71-47 (22) LU CUP 3749 ( CUP 868)
R 70 -71-46 CUP2377 ( CUP 2 )
RCL 70 -71 -47 (18) ENVIROFLEX Q CALIBER MOTORS (CUP 2155)
RCL 70 -7146 DA2 2 DA2 (CUP 2120)
U.S. POSTAL SERVICE SP 941 m (CUP 1569)
PROCESSING & DIST. CANYON COMMERCE
CENTER RCL 70- 71-47(22) RCL 7o-7147(22)
R 70-71-46 RCL 70 7 CENTER
DA2 CUP 2940
r - cuP 2007 043 4390 LAND ROVER
COMM. LIGHTING CUP200M4272 DA2
DA2 CUP3749
CUP 23]7
SP 941 DA2
RCL 70 -71 -47 (22)
RCI ]0 -]1 -d6
Conditional Use Permit No. 2005 -04971 Subject Property
TRACKING NO. CUP2005 -05040 Date: October 31, 2005
Scale: 1"=200'
Requested By: LAURA NORTH Q.S. No. 177
REQUEST FOR DETERMINATION OF SUBSTANTIAL CONFORMANCE PERTAINING TO ADDITIONAL
OFFICE AREA FOR A PREVIOUSLY - APPROVED INDOOR PRIVATE RECREATION AREA.
5395 East Hunter Avenue 2049
Staff Report to the
Planning Commission
October 31, 2005
Item No. 1 -13
1 -B. REPORTS AND RECOMMENDATIONS
a. CEQA NEGATIVE DECLARATION (PREVIOUSLY - APPROVED) (Motion)
b. CONDITIONAL USE PERMIT NO. 2005 -04971 - DETERMINATION (Motion)
SITE LOCATION AND DESCRIPTION:
(1) This rectangularly- shaped, 2.1 -acre property has a frontage of 320 feet on the north side of
Hunter Avenue, a maximum depth of 302 feet and is located 110 feet north of the centerline
of Brasher Street (5395 East Hunter Avenue — Pump It Up).
REQUEST:
(2) The applicant requests a determination of substantial conformance pertaining to additional
office area for a previously- approved indoor private recreation facility under authority of
Code Section No. 18.60.190.020.
BACKGROUND:
(3) This property is developed with a two- tenant industrial building and is zoned SP94 -1, DA 2
(SC) (Northeast Area Specific Plan, Expanded Industrial Area — Scenic Corridor Overlay).
The Anaheim General Plan designates this property and properties to the east, west, and
south for Industrial land uses. Properties to the north across the railroad tracks and
Orangethorpe Avenue are designated for Low Density Residential land uses.
(4) Conditional Use Permit No. 2005 -04971 (to establish an indoor private recreation facility)
was approved by the Planning Commission on June 1, 2005.
(5) Resolution No. PC2005 -89, adopted in connection with Conditional Use Permit No. 2005-
04971, included the following condition of approval:
"16. That subject 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, 2 and 3, and as conditioned herein."
DISCUSSION:
(6) The petitioner is requesting a determination of substantial conformance for a minor addition
to the floor plan of 1,100 square feet for three (3) office units and one (1) walk -in janitor's
closet for administrative use that would not be open to the public. The proposed minor
expansion would not result in an increase of minimum parking spaces required; the
previously- approved parking demand study determined that the proposed land use in
conjunction with an industrial land use would require a minimum of 85 parking spaces for
weekday and weekend operation hours, 41 spaces for the industrial use and 44 spaces for
Srcu p2005- 05040k1w.doc
Page 1
Staff Report to the
Planning Commission
October 31, 2005
Item No. 1 -13
the private commercial recreation facility. The site plan indicates a total of 126 on -site
parking spaces provided. Further, the proposed addition to the subject unit was previously
used by the adjacent unit as office space and therefore would not increase the minimum
off -site parking spaces required or intensify the land uses on the property. The applicant
originally asked for a modification to landscape plans, however staff has discussed the
issue with them and they have withdrawn the request.
ENVIRONMENTAL IMPACT ANALYSIS:
(7) Staff has reviewed the request for determination of substantial conformance to modify
previously- approved exhibits and finds no significant adverse environmental impacts.
Therefore, staff recommends that the previously- approved Negative Declaration in
connection with Conditional Use Permit No. 2005 -04971 serve as the required
environmental documentation for this request upon a finding by the Planning Commission
that the Negative Declaration reflects the independent judgment of the lead agency; and
that it has considered the proposed 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 will
have a significant effect on the environment-
RECOMMENDATION
( Staff recommends that, unless additional or contrary information is received during the
meeting, and based upon the evidence submitted to the Commission, including the
evidence presented in this staff report, and oral and written evidence presented at the
public hearing, the Commission take the following actions:
(a) By motion, determine that the previously- approved Negative Declaration is
adequate to serve as the required environmental documentation for this request.
(b) By motion, approve the request for determination of substantial conformance to
amend floor plans for a minor expansion to a previously- approved indoor private
recreation facility based on the finding that the proposed expansion is substantially
in conformance with the previously- approved exhibits and does not require any
additional parking spaces or intensify the previously- approved use.
Page 2
October 31, 2005
Laura North
2828 North Danbury Street
Orange, CA 92867
Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of
October 31. 2005.
1. REPORTS AND RECOMMENDATIONS:
B. (a) CEQA NEGATIVE DECLARATION (PREVIOUSLY - APPROVED)
(b) CONDITIONAL USE PERMIT NO. 2005 -04971
(Tracking No. CUP2005- 05040)
Agent: Laura North, 2828 North Danbury Street, Orange, CA 92867
Location: 5395 East Hunter Avenue. Property is 2.1 acres, having a frontage of 320
feet on the north side of Hunter Avenue and is located 110 feet north of the centerline
of Brasher Street (Pump It Up).
Request for determination of substantial conformance pertaining to additional office area for a
previously- approved indoor private recreation facility.
ACTION: Commissioner XXX offered a motion, seconded by Commissioner X>O( and
MOTION CARRIED, that the Anaheim Planning Commission does hereby determine that the
previously- approved Negative Declaration is adequate to serve as the required environmental
documentation for this request.
CommissionerX)O(offered a motion, seconded by Commissioner XXX and MOTION
CARRIED that the Anaheim Planning Commission does hereby approve the request for
substantial conformance for Conditional Use Permit No. 2005 -04971 (Tracking No.
CUP2005- 05040) to permit additional office area for a previously- approved indoor private
recreation facility based on the finding that the proposed expansion is substantially in
conformance with the previously- approved exhibits and does not require any additional
parking spaces or intensify the previously- approved use.
Sincerely,
Eleanor Morris, Senior Secretary
Anaheim Planning Commission
CU P2005- 04971_Excerpt
F -Ali ,=1M na &40 =3
RESOLUTION NO. PC2005 -89
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005 -04971 BE GRANTED
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
THAT PORTION OF PARCEL 3 AS SHOWN ON A MAP FILED IN BOOK 179, PAGES
5 AND 6 INCLUSIVE OF PARCEL MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, SHOWN AS PARCEL 2 ON LOT LINE ADJUSTMENT 84- 237234,
OFFICIAL RECORDS.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on June 1, 2005 at 2:00 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. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section No. 18.120.070.050.0529.
2. That the proposed indoor children's private recreation facility as conditioned herein, would
not adversely affect the adjoining land uses and the growth and development of the area in which it is
located because the site functions independently from the adjacent industrial properties and as such,
reduces the potential for operational conflicts.
3. That the traffic generated by the indoor recreation facility would not impose an undue burden
upon the streets and highways designed and improved to cant' the traffic in the area; and as demonstrated
by the parking study dated April 11, 2005, prepared by TCB AECOM , Traffic Engineers and Consultants, the
peak parking demand would be 85 parking spaces on the weekdays and weekends, and the site plan
indicates 126 parking spaces.
4. That granting of this conditional use permit, under the conditions imposed, will not be
detrimental to the health and safety of the citizens of the City of Anaheim.
5. 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 to permit an indoor private recreation facility; 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 will 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:
1. That subject use permit shall expire three (3) years from the date of this resolution, on June 1, 2008.
2. That trash storage areas shall be refurbished to comply with approved plans on file with the Public
Works Department. Said information shall be specifically shown on plans submitted for Public Works
Department, Streets and Sanitation Division approval.
3. That if an alarm system is installed, a Burglary/Robbery Alarm Permit application, Form APD 516,
shall be completed and submitted to the Police Department prior to initial alarm activation. This form
is available at the Police Department front counter.
4. That four (4) foot high rooftop address numbers shall be painted flat on the roof in contrasting color
to the rooftop material and shall not be visible from ground level. Said information shall be
specifically shown on plans submitted for building permits.
5. That a Fire Emergency Listing Card, Form APD -281, shall be completed and submitted to Police
Department. The form is available at the Police Department front counter.
6. That a landscape and irrigation plan for subject property shall be submitted to the Planning Services
Division for review and approval. Plans shall reflect the addition of twelve (12) minimum 24 -inch box
sized evergreen trees within the front setback along Hunter Avenue for a total of sixteen (16) trees
as required by Code. Any decision by City staff may be appealed to the Planning Commission as a
"Reports and Recommendations" item.
7. That sign plans for this unit shall be submitted to the Planning Services Division for review and
approval. Any decision by City staff may be appealed to the Planning Commission as a "Reports
and Recommendations" item.
8. That the parking lot serving the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons on or about the
parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the windows of nearby residences. Said information shall be specifically
shown on plans submitted Police Department, Community Services Division approval.
9. That any tree planted on -site shall be replaced in a timely manner in the event that it is removed,
damaged or diseased, and /or dies.
10. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
11. That existing gates must remain open during business hours to make all parking spaces accessible.
12. That all doors serving the subject indoor recreation facility shall conform to the requirements of the
Uniform Fire Code and shall be kept closed at all times during the operation of the premises except
for ingress /egress, permit deliveries and in cases of emergency.
13. That at all times when the premises is open for business, the premises shall be maintained as a
bona fide indoor recreation facility that is engaged primarily in children's parties.
14. That no outdoor uses and /or assembly shall occur on this property-
-2- PC2005 -89
15. That the hours of operation shall be limited to 9:30 a.m. to 10 p.m., daily.
16. That subject 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, 2 and 3, and as conditioned herein.
17. That prior to issuance of a building permit, or prior to commencement of the activity authorized by
this resolution, or within one (1) year from the date of this resolution whichever occurs first, Condition
Nos. 2, 3, 4, 5, 6, 7, 8 and 16 above mentioned shall be complied with. Extensions for further time to
complete said conditions shall be granted in accordance with Section 18.60.170 of the Anaheim
Municipal Code.
18. 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 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 1, 2005. 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.
(ORIGINAL SIGNED BY GAIL EASTMAN)
CHAIRMAN, ANAHEIM PLANNING COMMISSION
r_ \IIIIx.95
(ORIGINAL SIGNED BY ELEANOR MORRIS)
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1, 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 June 1, 2005, by the following vote of the members thereof:
AYES:
COMMISSIONERS:
BUFFA, EASTMAN, KARAKI, PEREZ, VELASQUEZ
NOES:
COMMISSIONERS:
NONE
ABSENT:
COMMISSIONERS:
FLORES
VACANT:
COMMISSIONERS:
ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this day of
1 2005-
(ORIGINAL SIGNED BY ELEANOR MORRIS)
SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION
-3- PC2005 -89
ZT- I TAff Url 1 ► O
Staff Report to the
Planning Commission
June 1, 2005
Item No. 8
8a. CEQA NEGATIVE DECLARATION (Motion)
8b. CONDITIONAL USE PERMIT NO. 2005 -04971 (Resolution)
SITE LOCATION AND DESCRIPTION:
(1) This rectangularly- shaped, 2.1 -acre property has a frontage of 320 feet on the north side of
Hunter Avenue, a maximum depth of 302 feet and is located 110 feet north of the centerline
of Brasher Street (5395 East Hunter Avenue — Pump It Up).
REQUEST:
(2) The applicant requests approval of conditional use permit under authority of Code Section
No. 18.120.070.050.0529 to permit an indoor private recreation facility-
BACKGROUND
(3) This property is developed with a two- tenant industrial building and is zoned SP94 -1, DA 2
(SC) (Northeast Area Specific Plan, Expanded Industrial Area — Scenic Corridor Overlay).
The Anaheim General Plan designates this property and properties on the east, west, and
south sides for Industrial land uses. Properties to the north across the railroad tracks and
Orangethorpe Avenue are designated for Low Density Residential land uses.
(4) There are no prior zoning actions pertaining to this property.
DEVELOPMENT PROPOSAL:
(5) The applicant requests a conditional use permit to establish an indoor children's playground
facility with interactive inflatable attractions.
(6) The site plan (Exhibit No. 1) indicates an existing two -unit, two -story, industrial building.
The site plan indicates a shared land use with Cristek Interconnects, an electronic
manufacturing business. The floor plan (Exhibit No. 2) indicates the subject facility is
located in the rear (easterly) tenant space facing Hunter Avenue.
(7) Vehicular access is provided via two driveways on Hunter Avenue. Code requires land
uses without a specified parking ratio to comply with requirements determined to be
reasonably necessary by the City Traffic and Transportation Manager through a parking
demand study. Based upon comparable businesses in surrounding cities, the City Traffic
and Transportation Manager has determined that the proposed land use in conjunction with
an industrial land use would require a minimum of 85parking spaces for weekday and
weekend operation hours, 41 spaces for the industrial use and 44 spaces for the proposed
use. The site plan indicates a total of 126 on -site parking spaces including handicapped
spaces.
Srcu p2005 -04971 klw.doc
Page 1
Staff Report to the
Planning Commission
June 1, 2005
Item No. 8
(8) The floor plan (Exhibit Nos. 2 and 3) indicates an approximately 35,000 square foot facility
containing two- units, one currently occupied by an industrial use. Plans indicate the current
industrial use of approximately 24,500 square foot has a parts assembly area, machine
shop, laboratory and engineering facility, cafeteria, training hall, recreation center, and
offices. The proposed commercial recreation facility would occupy a 10,500 square foot
suite containing two (2) party rooms, two (2) offices, two (2) restrooms, and two (2) activity
rooms. Each special event would occupy one (1) party room and one (1) activity room.
(9) Photographs indicate an existing two -story tilt -up concrete building. Entryway doors for the
proposed facility are located along the east elevation facing the parking lot. No exterior
modifications are proposed as part of this application.
(10) No sign or landscape plans were submitted with this application. Pictures and staff
inspections of the site indicate there are currently four (4) trees within the front setback of
the property. Code requires a minimum of sixteen (16) trees - one (1) tree for every twenty
(20) linear feet of street frontage (320 feet /20 feet = 16 trees) within the setback along
Hunter Avenue.
(11) The submitted letter of operation indicates the proposed recreation facility will host private
parties by appointment only for a total of two (2) hours, comprised of ninety (90) minutes in
the activity center and thirty (30) minutes in the party room for each special event.
Page 2
View of the building from the north facing Hunter Avenue
Staff Report to the
Planning Commission
June 1, 2005
Item No. 8
Operating hours will be from 930 AM to 10 PM daily with parties on weekdays between
330 PM and 10 PM and the entire day on the weekends. From Monday through Thursday,
each party will host a maximum of fifteen (15) children and from Friday through Sunday
each party will host a maximum of twenty -five (25) children.
ENVIRONMENTAL IMPACT ANALYSIS:
(12) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review
in the Planning Department) and finds no significant environmental impact and, therefore,
recommends that a Negative Declaration be approved upon a finding by the Planning
Commission that the Negative Declaration reflects the independent judgment of the lead
agency; and that it has considered the proposed 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 will have a significant effect on the environment-
EVALUATION
(13) Code permits indoor children's playground facilities with interactive inflatable attractions in
the SP94 -1, DA2 (SC) zone subject to approval of a conditional use permit.
(14) One of the two units within the industrial building is currently occupied with an existing
industrial use. Staff is concerned with compatibility issues associated with locating a
children's party facility within a multi- tenant industrial building. In addition to the existing
industrial business that currently occupies the majority of the building, other permitted
industrial businesses could occupy the building in the future, without discretionary review
by the Planning Commission. Moreover, operational issues inherent in industrial uses such
as loading, storage, large equipment movement, noise, vibration and odors are a cause for
concern due to the lack of a buffer between the proposed facility and the existing industrial
business.
(15) The proposed use may result in potential equity issues as existing industrial businesses
find themselves restricted from expanding because of the establishment of children related
facilities. Therefore, the proposed use may adversely affect the adjoining land use or the
growth and development of the area in which it is proposed to be located. It is necessary to
maintain an appropriate balance of land uses to ensure that the community's residential,
recreational, educational, spiritual, retail, business, and employment needs are met.
Therefore, staff recommends denial of the request for indoor commercial recreation facility.
FINDINGS:
(16) Before the Planning Commission grants any conditional use permit, it must make a finding
of fact that the evidence presented shows that all of the following conditions exist:
(a) That the use is properly one for which a conditional use permit is authorized by the
Zoning Code, or is an unlisted use as defined in Subsection .030 (Unlisted Uses
Permitted) of Section 18.66.010 (Approval Authority);
Page 3
Staff Report to the
Planning Commission
June 1, 2005
Item No. 8
(b) That the proposed use will not adversely affect the adjoining land uses or the growth
and development of the area in which it is proposed to be located;
(c) That the size and shape of the site for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area
or to the health and safety;
(d) That the traffic generated by the modified use will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area; and
(e) That the granting of the conditional use permit under the conditions imposed will not
be detrimental to the health and safety of the citizens of the City of Anaheim-
RECOMMENDATION
(17) Staff recommends that, unless additional or contrary information is received during the
meeting, and based upon the evidence submitted to the Commission, including the
evidence presented in this staff report, and oral and written evidence presented at the
public hearing, the Commission deny this request to permit an indoor private recreation
facility based on the findings contained in the attached resolution-
1 - That subject use permit shall expire one (1) year from the date of this resolution, on June 1, 2006.
2. That trash storage areas shall be refurbished to comply with approved plans on file with the
Public Works Department. Said information shall be specifically shown on plans submitted for
Public Works Department, Streets and Sanitation Division approval.
3. That if an alarm system is installed, a Burglary/Robbery Alarm Permit application, Form APD 516,
shall be completed and submitted to the Police Department prior to initial alarm activation. This
form is available at the Police Department front counter.
4. That four (4) foot high rooftop address numbers shall be painted flat on the roof in contrasting
color to the rooftop material and shall not be visible from ground level. Said information shall be
specifically shown on plans submitted for building permits.
5. That a Fire Emergency Listing Card, Form APD -281, shall be completed and submitted to Police
Department. The form is available at the Police Department front counter.
6. That a landscape and irrigation plan for subject property shall be submitted to the Planning
Services Division for review and approval. Plans shall reflect the addition of twelve (12) minimum
24 -inch box sized evergreen trees within the front setback along Hunter Avenue for a total of
sixteen (16) trees as required by Code. Any decision by City staff may be appealed to the
Planning Commission as a 'Reports and Recommendations" item.
Page 4
Staff Report to the
Planning Commission
June 1, 2005
Item No. 8
7. That sign plans for this unit shall be submitted to the Planning Services Division for review and
approval. Any decision by City staff may be appealed to the Planning Commission as a "Reports
and Recommendations" item.
8. That the parking lot serving the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons on or about the
parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the windows of nearby residences. Said information shall be specifically
shown on plans submitted Police Department, Community Services Division approval.
9. That any tree planted on -site shall be replaced in a timely manner in the event that it is removed,
damaged or diseased, and /or dies.
10. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
11. That existing gates must remain open during business hours to make all parking spaces
accessible.
12. That all doors serving the subject indoor recreation facility shall conform to the requirements of
the Uniform Fire Code and shall be kept closed at all times during the operation of the premises
except for ingresslegress, permit deliveries and in cases of emergency.
13. That at all times when the premises is open for business, the premises shall be maintained as a
bona fide indoor recreation facility that is engaged primarily in children's parties.
14. That no outdoor uses and /or assembly shall occur on this property.
15. That the hours of operation shall be limited to 930 a.m. to 10 p.m., daily.
16. That subject 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, 2 and 3, and as conditioned herein.
17. That prior to issuance of a building permit, or prior to commencement of the activity authorized by
this resolution, or within one (1) year from the date of this resolution whichever occurs first,
Condition Nos. 2, 3, 4, 5, 6, 7, 8 and 16 above mentioned shall be complied with. Extensions for
further time to complete said conditions shall be granted in accordance with Section 18.60.170 of
the Anaheim Municipal Code.
18. 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.
Page 5
R &R Item No. 1 -B
"THE INFLATABLE PARTY ZONE"
J�.
September 27, 2005
Ms. Kim Wong
Planning Department
City of Anaheim
City Hall East
200 South Anaheim Boulevard
Anaheim, CA 92805
Subject: Conditional Use Permit # 2005 — 04971 Pump It Up facility at 5397 East Hunter
Avenue, Anaheim
Dear Ms. Wong:
Per the terms of our Conditional Use Permit, we were asked to plan 12 trees along the front
setback of the property. Per the terms of our lease, our landlord must approve any landscaping
or tenant improvements we make. Our landlord purchased the building in November of 2004
and started renovations of the building prior to moving their existing business to this location.
As part of their renovations, they completely re- landscaped the property. They painted the
building and planted new trees, grass and flowers so the building would look nice for their own
business and visiting clients. They spend quite a bit of money on the landscaping and
improvements and feel the building and grounds look very presentable. They do not want us to
plant trees across the front of the building, because they feel it will block the landscaping they
have just completed and cover the front of the building. We are requesting that you review our
request to allow the existing landscaping to be considered sufficient for our Conditional Use
Permit requirement, and delete the condition of planting 12 additional trees.
We would like to request that our Conditional Use Permit be amended in regards to the square
footage listed for our space. The square footage listed in our CUP submittal package was based
on exterior field measurements and not actual interior measurements. In addition, when laying
out our inflatables in the arenas, we found we require more floor space than we originally
thought. Therefore we would like to add 3 offices adjacent to our space in order to increase the
size of our arenas. These offices were previously being utilized by our landlord and since they
are already classified as office space, the usage would not change. This space would be for office
and administrative use only and would not be open to the public. The revised square footage of
our space totals approximately 10, 800 square feet.
Please feel free to contact me via telephone at (714) 264 -0820 or via e-mail at
lnorthksocal.rr.com if you have any questions or need additional information.
Sincerely,
Laura North
Owner / Pump It Up — Anaheim Hills
Staff Report to the
Planning Commission
October 31, 2005
Item No. 2
2a. CEQA SUBSEQUENT EIR NO. 332 AND ADDENDUM
AND MITIGATION MONITORING PLAN NO. 138- A(PREVIOUSLY- CERTIFIED) (Motion)
2b. MASTER TENTATIVE TRACT MAP NO. 16859 (Motion)
SITE LOCATION AND DESCRIPTION:
(1) This approximate 41.4 -acre project site is generally located between Katella Avenue and
Gene Autry Way, extending from State College Boulevard to just west of Betmor Lane in an
area of the City of Anaheim known as The Platinum Triangle. The project site is further
identified as Sites 1 and 2 on the map below. Site 1 encompasses 31 acres located at 1200-
1558, 1700 and 1800 East Katella Avenue, 1301 -1395 and 1551 Gene Autry Way, 1870,
1871, 1880, 1881, 1890, 1891, 1900 and 1901 South Chris Lane, 1833 and 1841 South State
College Boulevard, 1800 and 1801 East Talbot Way. Site 2 encompasses 10.4 acres located
at 1871, 1881, 1891, 1901, 1870 1880, 1890, 1900 and 1910 Betmor Lane and 1100 East
Katella Avenue.
W C OS AVE.
N
�J� C
0
0
y FOWELL AVE.
N_
W p
KATELLA AV E. 41
Site 2��
e
¢ Site 1 0 7 m e
9 f
A
GENE AU TRY WAY C
p 1 91 F
ORANGEWOOD AVE.
\ 9 2 9 arvoFANAHEM
Legend A�gne, zoos
O Pmlecxsre
L The Platinum mangle
REQUEST:
(2) The applicant requests to establish a 19 -lot (including four lettered lots) subdivision for
Lennal "A- Town - Metro ", a master planned community, with up to 2,681 residential units, two
public parks and associated public facilities and infrastructure on Sites 1 and 2 on the above
map.
S R -TT M 16859 103105C D F
Page 1
Staff Report to the
Planning Commission
October 31, 2005
Item No. 2
BACKGROUND:
(3) This item was continued from the October 3, 2005, Commission meeting, due to the
continuation of the hearings for Final Subsequent EIR (FSEIR) No. 332 and related actions for
this development to the October 25, 2005, City Council meeting. Council approved
certification of FSEIR No. 332 and its related actions on October 25 which was a prerequisite
to the approval of this request.
(4) On September 7, 2005, the Planning Commission recommended approval of the following
actions related to this request which were subsequently approved by the City Council on
October 25, 2005: CEQA Subsequent EIR No. 332 and Addendum and Mitigation Monitoring
Plan No. 138, General Plan Amendment No. 2005 - 00434, Amendment to the Platinum
Triangle Master Land Use Plan (MIS No. 2005 - 00111), Rescission, in part, of the Resolution
of Intent pertaining to the Reclassification of Site 2 (MIS No. 2005 - 00116), Zoning Code
Amendment No. 2005 -00042 and Development Agreement No. 2005 - 00008. Per the request
of the Commission, the Council also reviewed and approved Reclassification No. 2005 -00164
and Conditional Use Permit No. 2005 - 04999.
(5) TTM 16859 is the Master Tract Map for the development of Lennar's "A- Town - Metro" Master
Site Plan contained in Development Agreement No. 2005 - 00008. The City Council approved
Exhibit B -5 of the Development Agreement clarifying that the Master Tract Map satisfies the
requirements for the subdivision of this project, therefore, individual builder tract maps will not
be required.
DEVELOPMENT PROPOSAL:
(6) This property is currently developed with two motels and industrial buildings to be demolished
in connection with development of the project.
(7) The Master Tract Map indicates anew Market Street in accordance with The Platinum
Triangle Master Land Use Plan. The Master Tract Map also indicates four (4) new Connector
Streets and Betmor Lane to serve the community.
(8) The lot summary table for Tentative Tract Map No. 16859 indicates:
Lot
No.
Development
Area
Target Unit
Count
Commercial
Floor Space
S.F.
Acres
Land Use*
1
O
106
2.93
Residential
2
A
147
14,400
2.57
Mixed Use
3
B
595
23,700
2.39
Mixed Use
4
N
192
1.31
Residential
5
C
110
40,000
2.10
Mixed Use
6
D
185
27,500
220
Mixed Use
7
E
419
14,600
2.52
Mixed Use
8
M
215
223
Residential
9
J
144
2.74
Residential
10
K
31
1.64
Residential
11
F
278
19,000
2.18
Mixed Use
12
L
131
1.52
Residential
13
H
12
0.78
Residential
14
1
12
0.63
Residential
Page 2
Staff Report to the
Planning Commission
October 31, 2005
Item No. 2
Lot
Development
Target Unit
Commercial
Acres
Land Use*
No.
Area
Count
Floor Space
S.F.
15
G
104
10,800
1.53
Residential
A
0.05
Open
S ace
B
0.15
Open
S ace
C
Public Park
2.85
Public Park
Site 1
Site 1
D
0.07
Open
Space
E
Public Park
0.48
Public Park
Site 2
Site 2
Total
32.87
*Mixed Use includes residential and commercial uses
(9) The number and type of residential units for each lot will be implemented pursuant to the
Development Area Plan set forth in Exhibit B -1 of the project Development Agreement.
ENVIRONMENTAL IMPACT ANALYSIS:
(10) Pursuant to the provisions of CEQA and the State CEQA Guidelines, the City of Anaheim is
the Lead Agency charged with the responsibility of deciding whether or not to approve this
project. As part of the decision making process, the City is required to review and consider
the potential environmental effects that could result from construction and operation of this
project.
(11) On October 25, 2005, the City Council certified FSEIR No. 332, and its Addendum and
adopted a Statement of Findings and Facts, a Statement of Overriding Considerations and
Monitoring Program No. 138.
(12) This project is located within the 820 -acre Platinum Triangle. FSEIR No. 332 includes an
analysis of the environmental impacts associated with development of The Platinum Triangle
and incorporated mitigation measures for all projects within its boundaries. An Initial
Study /Addendum has been prepared to review the changes proposed by the proposed
project actions and to determine whether, as a result of any changes or any new information,
a subsequent EIR may be required. The Initial Study /Addendum indicates that there are no
substantial changes in this project that will require major revisions to FSEIR No. 332 due to
new, significant environmental effects or a substantial increase in the severity of impacts, that
substantial changes have not occurred in the circumstances under which the project is being
undertaken that will require major revisions and there is no new information of substantial
importance not known at the time the Platinum Triangle SEIR was prepared. Based upon
this analysis, staff has determined that an Addendum to FSEIR No. 332, as certified by the
City Council on October 25, 2005, is the appropriate environmental documentation for the
master tract map pursuant to the provisions of the California Environmental Quality Act
(CEQA) and the State and City CEQA Guidelines. A copy of the Initial Study /Addendum was
provided to the Planning Commission and a copy of this document is available for public
review in the Planning Department.
(13) The Initial Study /Addendum indicates all applicable mitigation measures from FSEIR No. 332
and the Updated and Modified Mitigation Monitoring Program No. 106A are applicable to this
project. Mitigation Monitoring Program No. 138-A (Attachment No. 1) has been prepared to
incorporate mitigation measures for the master tract map.
Page 3
Staff Report to the
Planning Commission
October 31, 2005
Item No. 2
EVALUATION:
(14) Section 1.17 of the Development Agreement defines Master Tentative Map as "a tentative
map processed and recorded to establish boundaries of the Development Areas ". The
Master Tentative Map establishes boundaries consistent with Development Areas A through
O on the Master Site Plan, Exhibit B -1 of the Development Agreement.
(15) The approval and recordation of the Master Tract Map precedes construction in the
Development Areas. Prior to the issuance of the first building permit in each Development
Area, the Code requires the submittal of a Final Site Plan encompassing the Development
Area to the Planning Commission for review and approval at a noticed public hearing.
Condition of Approval No. 2 set forth in the Development Agreement requires the recordation
of the Final Master Tract Map prior to approval of the first Final Site Plan.
(16) The Development Agreement requires the submittal of a detailed phasing plan relating to
phasing and sequence of public improvements and facilities satisfactory to the Planning
Director, the Community Services Director and the Public Works Director. The applicant has
indicated that Market Street and all Connector Streets will be constructed prior to issuance of
the first building permit for the project site.
FINDINGS:
(17) "The State Subdivision Map Act (Government Code, Section 66473.5) makes it mandatory to
include in all motions approving, or recommending approval of a tentative parcel map, a
specific finding that the proposed Subdivision together with its design and improvement is
consistent with the City's General Plan.
Further, the law requires that the Planning Commission make any of the following findings
when denying or recommending denial of a parcel map:
1. That the proposed map is not consistent with applicable General and Specific Plans.
Site 1 of the subject property has a land use designation of Mixed Use. Site 2
currently has a land use designation of OH (Office- High). As mentioned in
paragraph (4) above, the City Council approved, by resolution, A General Plan
Amendment that will become effective on November 23, 2005, to redesignate Site 2
for Mixed Use. The proposed map is consistent with the approved General Plan
Amendment. Condition No. 31 grants approval of the Master Tract Map subject to
approval effective dates for the General Plan Amendment and Amendment to the
Platinum Triangle Master Land Use Plan and the adoption of ordinances related to
the project, now pending.
2. That the design or improvement of the proposed subdivision is not consistent with
applicable General and Specific Plans.
The design and improvement of the property is consistent with the General Plan as
amended by General Plan Amendment No. 2005 -00434 and the amended Platinum
Triangle Master Land Use Plan incorporating Site 2 into the PTMU Overlay Zone,
Katella District.
3. That the site is not physically suitable for the type of development.
The 41.4 acre (gross) site is physically suitable for the proposed mixed -use
project.
Page 4
Staff Report to the
Planning Commission
October 31, 2005
Item No. 2
4. That the site is not physically suitable for the proposed density of development.
The site is physically suitable for the proposed density of development. The
General Plan and The Platinum Triangle Mixed Use Overlay Zone permit densities
up to 100 dwelling units per acre. The approved Master Site Plan indicates up to
66 dwelling units per acre.
5. That the design of the subdivision or the proposed improvements are likely to cause
substantial environmental damage or substantially and avoidably injure fish or wildlife or
their habitat.
The design of the subdivision and the proposed improvements have been
evaluated by SEIR No. 332 and its Addendum. Mitigation Monitoring Plan No.138 -A
contains mitigation measures specific to the subject Master Tract Map.
6. That the design of the subdivision or the type of improvements is likely to cause serious
public health problems.
The design of the subdivision and the mixed use improvements are not likely to
cause serious health problems based on the environmental documentation
contained in SEIR332 and its Addendum. Mitigation Monitoring Plan No. 138 -A
contains mitigation measures specific to the subject Master Tract Map.
7. That the design of the subdivision or the type of improvements will conflict with
easements, acquired by the public at large, for access through or use of property within
the proposed subdivision."
The design of the subdivision and the type of improvements will not conflict with
easements. Recommended conditions of approval require irrevocable offers of
dedication for various easements.
RECOMMENDATION:
(18) Staff recommends that, unless additional or contrary information is received during the
meeting, and based upon the evidence submitted to the Planning Commission, including
the evidence presented in this staff report, and oral and written evidence presented at the
public hearing, the Planning Commission take the following actions:
(a) By motion, approve previously- certified CECA Subsequent EIR No. 332 and
Addendum and Mitigation Monitoring Plan No.138 -A.
(b) By motion, approve Master Tentative Tract Map No. 16859 to establish a 19 -lot
(including four lettered lots) subdivision for Lennar's "A- Town - Metro ", a master
planned community, with up to 2,681 residential units, two public parks and
associated public facilities and infrastructure on Sites 1 and 2 on the above map
(paragraph no. 1) based on the findings identified in paragraph no. (17) above and as
conditioned in the attached excerpt.
Page 5
October 31, 2005
Lennar Platinum Triangle LLC
25 Enterprise
Aliso Viejo, CA 92656
Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of
October 31, 2005.
2a. PREVIOUSLY - CERTIFIED SUBSEQUENT EIR NO. 332 AND ADDENDUM AND
MITIGATION MONITORING PLAN NO. 138 -A
2b. TENTATIVE TRACT MAP 16859
Agent: Lennar Platinum Triangle LLC, 25 Enterprise, Aliso Viejo, CA 92656
Location: The Platinum Triangle. The " Lennar A- Town -Metro Project'
encompasses an approximate 41.4 -acre project site is generally located
between Katella Avenue and Gene Autry Way, extending from State
College Boulevard to just west of South Betmor Lane in an area of the
City of Anaheim known as The Platinum Triangle. The project site is
further identified as Sites 1 and 2 as described in the staff report. Site 1
encompasses 31 acres located at 1200 -1558, 1700, and 1800 East
Katella Avenue; 1301 -1395 and 1551 Gene Autry Way; 1870, 1871,
1880, 1881, 1890 1891, 1900, and 1901 South Chris Lane; 1833 and
1841 South State College Boulevard; 1800 and 1801 East Talbot Way.
Site 2 encompasses 10.4 acres located at 1871, 1881, 1891, 1901,
1870, 1880, 1890, 1900 and 1910 South Betmor Lane and 1100 East
Katella Avenue. The project site also encompasses portions of South
Chris Lane and South Betmor Lane as indicated in the vicinity map.
Request to establish a 19 -lot (including four lettered lots) subdivision for Lennar's "A -Town-
Metro", a master planned community, with up to 2,681 residential units, two public parks and
associated public facilities and infrastructure (identified as Site 1 and Site 2 as described in
the staff report).
ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and
MOTION CARRIED, that the Anaheim City Planning Commission does hereby approve the
Previously - Certified Subsequent EIR No. 332 and Addendum and Mitigation Monitoring
Program No. 138 -A upon finding that the Previously - Certified Subsequent EIR No. 332 and
Addendum and Mitigation Monitoring Program No. 138 -A reflects the independent judgment
of the lead agency and that it has considered the Previously- Certified Subsequent EIR No.
332 and Addendum and Mitigation Monitoring Program No. 138 -A 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
will have a significant effect on the environment.
Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION
CARRIED, that the Anaheim City Planning Commission does hereby approve Tentative Tract
Map No. 16859 including its design and improvements, is consistent with the General Plan,
and does therefore approve Tentative Tract Map No. 16859 to establish a 19 -lot (including
four lettered lots) subdivision for Lennar's "A- Town - Metro ", a master planned community, with
up to 2,681 residential units, two public parks and associated public facilities and
infrastructure (identified as Site 1 and Site 2 as described in the staff report) subject to the
following conditions:
so
GENERAL:
That the project is expressly conditioned upon the applicants' indemnifying
and holding harmless the City, its agents, officers, council members,
employees, boards, commissions and their members and the City Council
from any claim, action or proceeding brought against any of the foregoing
individuals or entities, the purpose of such litigation being to attack, set aside,
void or annul any approval of the application or related decision, or the
adoption of any environmental documents which relates to the approval of the
Proposed Actions. This indemnification shall include, but is not limited to, all
reasonable damages, costs, expenses, attorney fees or expert witness fees
that may be awarded to the prevailing party, and costs of suit, attorneys' fees,
and other costs, liabilities and expenses arising out of or in connection with the
approval of the application or related decision, whether or not there is
concurrent, or passive negligence on the part of the City, its agents, officers,
council members, employees, boards, commissions and their members and
the City Council. The property owner /developer shall have the right to select
legal counsel. The City shall have the right to approve, which approval will not
be unreasonably withheld, the legal counsel providing the City's defense, and
the applicant shall reimburse the City for any costs and expenses reasonably
incurred by the City in the course of the defense. No later than 30 (thirty) days
following the City Council's adoption of the Ordinance adopting Development
Agreement No. 2005 - 00008, the legal property owner shall provide a letter to
the City satisfactory to the City Attorney's Office memorializing the foregoing.
2. That the Master Site Plan shall be implemented through the processing of a
Master Tentative and Master Final Tract Map encompassing the entire 41.4 -
acre project site and said map shall be recorded prior to approval of the first
Final Site Plan subject to the following:
(a) The Master Tentative Tract Map shall contain a note to the effect that
the approval of a Final Site Plan is required prior to issuance of the first
building permit in each Development Area.
(b) Irrevocable offers of dedication, including necessary construction
easements and easements for street, public utility and other public
purposes, for the ultimate right -of -way improvements for the following
arterial highways, Market Street and connector streets, and park sites
listed below and identified in these conditions of approval, shall be
made prior to recordation of the Master Final Tract Map:
Arterial highways along the project site frontage including:
a. Katella Avenue
b. State College Boulevard
C. Gene Autry Way
2. Market Street within the Master Site Plan boundaries
IPA
3. Connector Streets within the Master Site Plan boundaries
(Connector Street and "B ", "C ", "D" and "E" Streets as shown on
the Master Site Plan)
4. Betmor Lane within the Master Site Plan boundaries
5. Public Park Site 1 and Public Park Site 2 in the locations shown
on the Master Site Plan in Exhibit "B" of Development Agreement
No. 2005 -00008
(c) That prior to approval of the Master Tentative Tract Map:
The alignments and dimensions of the streets listed in (b) above
shall be shown on the Master Tentative Tract Map to the
satisfaction of the Public Works Department;
The park acreage and boundaries listed in (b -5) above shall be
approved by the Community Services Department;
(d) That prior to approval of the Master Final Tract Map, the park
obligations of the property owner /developer shall be secured by
performance bonds, letters of credit or another form of security, in an
amount and form approved by the City Attorney's Office and the
Community Services Department.
(e) That prior to recordation of the Master Final Tract Map:
All dedicated park properties shall be free of encumbrances or
easements unless otherwise acceptable to the Community
Services Department.
Before the dedication of any park area is accepted by the City, a
Title Report for that park must be provided to and approved by the
City Attorney's Office.
3. That on an annual basis and as part of the Development Agreement Annual
Review, the property owner /developer shall provide an updated phasing plan
to the Planning Services Division of the Planning Department until project
build out.
4. That prior to the approval of the Master Tentative Tract Map, information and
plans shall be submitted to the Streets and Sanitation Division of the Public
Works Department for review and approval of the following:
(a) Sewer and storm drain manhole Locations and Detour Plan Criteria
(b) Trash truck turning radius
S11
The approved information shall be shown on each Street Improvement Plan
submitted to the Public Works Department.
5. That prior to recordation of the Master Final Tract Map, the property
owner /developer shall finalize the abandonment of any existing roadways and
public utilities easements to the satisfaction of the Development Services
Division of the Public Works Department.
6. That prior to the approval of the Master Tentative Tract Map, the boundaries of
the numbered residential /mixed -use lots shall coincide with the boundaries of
the development areas as identified in the Master Site Plan. These areas may
be further subdivided in connection with the processing of subsequent builder
tentative tract or parcel maps provided that a Final Site Plan showing the
configuration of the subdivided lots and the proposed buildings is approved
prior to or concurrently with the builder tentative tract or parcel map.
That prior to the finalization and recordation of the Master Final Tract Map, the
property owner /developer shall undertake and implement the maintenance of
certain landscaping, private street and private utilities, and the performance of
other obligations, as set forth herein. Prior to the final building and zoning
inspection for each Final Site Plan, the property owner /developer shall
execute and record with the Orange County Recorder an unsubordinated
declaration of Covenants, Conditions and Restrictions ( "C C & R's ") to run with
the land, satisfactory to the Planning Director, Public Works Director and the
City Attorney, creating maintenance obligations to maintain the following areas
and facilities (collectively referred to hereinafter as the "Maintenance Areas
and Facilities ") as indicated below:
• Private drives and parking (if applicable), including sidewalks,
landscaping, street lighting, mounted lighting, signage, striping and
parkways.
• Private sewer lines, grease interceptors, manholes and clean outs.
• Private storm drain lines, area drains, inlets, manholes and catch basins.
• Treatment Controls Best Management Practices for Water Quality
Management Plan Best Management Practices as required pursuant to
Condition Nos. 69 and 70 of Exhibit B -5 of Development Agreement No.
2005 - 00008.
• Demonstrate that the Owner is prepared to implement all non - structural
BMP's described in the Project WQMP as required pursuant to Condition
Nos. 69 and 70 of Exhibit B -5 of Development Agreement No. 2005-
00008..
• Demonstrate that an adequate number of copies for (all responsible
parties) of the approved Project WQMP are available on -site as required
pursuant to Condition No. 70 of Exhibit B -5 of Development Agreement
No. 2005 - 00008..
CS
• Internal landscape areas, courtyards, common areas.
• Internal hardscape.
• On -site fountains and art elements.
• Enclosed parking structures with mail facilities, trash collection areas,
and bicycle storage.
• Appliances in each dwelling unit including washer, dryer, stove,
refrigerator, microwave, and dishwasher.
• HVAC equipment in each dwelling unit.
• Recreational amenities areas including pools & spas, barbecue areas,
clubhouse meeting room(s) and workout room.
• Public restrooms.
• Site lighting systems.
• Trash collection and facilities including the Solid Waste Management
Plan for the project as approved by the City.
• Squeal -free surface in parking structure.
• Maintenance of on -site signs and awnings.
• Outdoor seating and dining areas.
• Maintenance of all security equipment required by the Police Department
including antennas providing radio communication.
• Maintenance of private water meters.
• Removal of graffiti within 24 hours of occurrence.
• That a sign shall be posted in each trash collection area indicating "No
Parking Between the Hours of 7 A.M. and 5 P.M." to allow sufficient
access for the trash bin retrieval vehicle pursuant to Condition No. 76 of
Exhibit B -5 of Development Agreement No. 2005 - 00008..
• Maintenance of all special surface improvements pursuant to Condition
No. 93 of Exhibit B -5 of Development Agreement No. 2005 - 00008.
• Ongoing during business operations of each commercial establishment,
provision for hours of delivery to be limited to 7 a.m. to 10 p.m. daily.
• Ongoing during business operations of each commercial establishment,
there shall be no public telephones located outside any building.
Q•y
• Provision for the maintenance of all associated water line improvements
pursuant to Condition No. 89 of Exhibit B -5 of Development Agreement
No. 2005 - 00008.
• Ongoing during operation, provision for the property to be permanently
maintained in an orderly fashion by providing regular landscape
maintenance and removal trash or debris.
• Provision for the replacement of any tree planted on -site in accordance
with project landscaping plans in a timely manner in the event that it is
removed, damaged, diseased, and /or dead.
• Provision for written disclaimer pursuant to of Condition No. 17 of Exhibit
B -5 of Development Agreement No. 2005 - 00008.
The obligations described above and depicted in the Maintenance Exhibit
shall collectively be referred to as the "Maintenance Obligations." The
property owner /developer shall be responsible for the maintenance of the
Maintenance Areas and Facilities and performance of the Maintenance
Obligations, including any additional obligations, which may be specified
herein. The Covenant may provide that any of the Maintenance Obligations
may be assumed by a duly formed Platinum Triangle Infrastructure and /or
Maintenance Assessment District subject to CITY's written approval. The
covenant set forth herein constitutes a general scheme for the development,
protection and maintenance of the Property. Said covenant is for the benefit
of the Property and shall bind all successor owners thereof. Such covenant
shall be a burden upon, and a benefit to, not only the property
owner /developer but also its successors and assigns. Such covenant is
intended to be and shall be declared to be running with the land or equitable
servitudes upon the land, as the case may be.
The Covenant shall provide that amendment of any provision thereof, which
may negatively impact performance of the Maintenance Obligations, shall
require prior written consent of the City. Termination of this Covenant is not a
release of Declarant with regard to Declarant's independent obligations in
connection with development and approval of the Project or with regard to
obligations and liabilities incurred prior to such termination.
Planning
8. That the property owner developer shall be responsible for compliance with
and any direct costs associated with the monitoring and reporting of all
mitigation measures set forth in the attached Mitigation Monitoring Plan (MMP)
No. 138 -A, established by the City of Anaheim as required by Section 21081.6
of the Public Resources Code to ensure implementation of those identified
mitigation measures within the timeframes identified in the measure. MMP
No. 138 -A is made a part of these conditions of approval by reference.
S:�
9. Prior to the approval of each street improvement plan for Market Street and
the Connector Streets, the property owner /developer shall submit
improvement plans designed in conformance with the approved Public Realm
Landscape and Identity Program pursuant to Condition No. 10 of Exhibit B -5
of Development Agreement No. 2005 - 00008.
Community Services
10. That ongoing during construction of each public park site, the property
owner /developer shall be responsible for all utility connections, fees, permits and
charges, all consultant, project inspection and staff time costs for project plan
and construction review and any incidental costs relating to the park
improvement, as approved by the Community Services Department.
11. That prior to approval of each public park improvement plan by the Community
Services Department, the property owner /developer shall provide an acceptable
financial mechanism subject to the approval of the Community Services
Department, City Finance Department and City Attorney to insure that all
necessary park development, maintenance, rehabilitation and replacement of
approved park improvements will not be the responsibility of the City.
12. That prior to the park construction being deemed complete by the Community
Services Department, each public park site (Public Park Site 1 and Public
Park Site 2 as shown on the Master Site Plan in Exhibit "B" of Development
Agreement No. 2005 - 00008), shall be developed in accordance with
Community Services Department standards and will be subject to Community
Services Department approval.
13. That park credit will be given for Public Park Site 1 and Public Park Site 2 in
the amount set forth in Section 9.1 and Exhibit D -5 of the Development
Agreement, provided the parks comply with the following criteria:
(a) That park fee credit shall be granted, subject to the Community
Services Department approval, based upon the provision of a site(s)
acceptable to the Community Services Department that meets a 2% to
5% gradient, unless approved otherwise by the Community Services
Department, with no easements and other obstructions, except as
required for park development, being considered for credit unless
otherwise approved by the Community Services Department;
(b) That all plans for public park improvements are subject to approval by
the Community Services Department;
(c) That park credit will not be given for portions of the right -of -way,
sidewalks to commercial encumbrance and residential areas, road
easements or any other improvement that will lessen the actual amount
of park space;
(d) That park credit against fees will only be provided for sites approved by
the Community Services Department and only for the per acre value of
the land, as established by the current City Council approved park in
VA
lieu fee ordinance and resolution; and,
(e) That no park fee credit shall be granted for any private park or
recreational improvements provided with the A -Town development(s).
14. That prior to issuance of the first building permit in the Master Site Plan project
area, the property owner /developer shall pay to the City of Anaheim one -half
the park fee due for the 2,681 residential units approved pursuant to
Development Agreement No. 2005 -00008 in accordance with the formula set
forth in Exhibit D -5 (Platinum Triangle Park Fees) of said Development
Agreement. The second half of the fees shall be paid by the property
owner /developer in accordance with Condition No. 15 (below) and as required
by Condition No. 27 of Exhibit B -5 of Development Agreement No. 2005-
00008.
15. That prior to the issuance of each building permit, the property
owner /developer shall pay to the City of Anaheim the second half of the park
fees due for each of the residential units approved for said tract or parcel map
in accordance with the formula set forth in Exhibit D -5 (Platinum Triangle Park
Fees) of Development Agreement No. 2005 - 00008.
16. That the property owner /developer shall be responsible for the completion of
Public Park Site 2 in accordance with the timeframe set forth in the detailed
phasing plan required by Section 9.3 (Timing, Phasing and Sequence of
Public Improvements and Facilities) of Development Agreement No. 2005-
00008.
17. That prior to the approval of each public park improvement plan for Public
Park Site 1 and Public Park Site 2 as shown on the Master Site Plan, the
Community Services Department shall have approval over the following:
(a) Approval of Landscape Architect and other consultants used to design
the park and prepare the construction documents;
(b) Approval of Master Park Plan, schematic plans, preliminary plans and
final plans, specifications, cost estimates and other construction
documents;
(c) Approval of all project materials and products used in constructing the
park and the right of inspection by City staff at the property
owner /developer's cost; and
(d) Public Park areas shall have amenities including, but not limited to, light
fixtures, site furnishings and signage consistent with the approved
Public Realm Landscape and Identity Program elements required
pursuant to Condition No. 10 of Exhibit B -5 of Development Agreement
No. 2005 - 00008.
Electrical
S:E
18. That prior to the approval of the Master Final Tract Map, the property
owner /developer shall post a bond to the City for the undergrounding of all
overhead electrical utility structures located on the property as required by
Mitigation Monitoring Program No. 138 -A referenced herein in Condition No. 8.
All improvements /undergrounding shall be completed to coincide with the level
of development that would require this improvement, to the satisfaction of the
Anaheim Public Utilities Department and other utility companies.
19. That prior to the approval of the Master Final Tract Map, the property
owner /developer shall post a bond to the City for the installation of street lights
on Market Street, Connector Street, "B ", "C and "D" Streets and Betmor Lane.
Street lights shall be in accordance with the Public Realm Landscape and
Identity Program as approved by the Planning Commission pursuant to
Condition No. 10 of Development Agreement No. 2005 - 00008.
20. Prior to the approval of street improvement plans for each street identified
within the Master Site Plan area, or if the electrical improvements are to be
located on private property, prior to the approval of the applicable Final Site
Plan, plans shall provide for the construction of the electrical facilities required
pursuant to Condition No. 36 of Exhibit B -5 of Development Agreement No.
2005 -00008 in the locations approved by the Public Utilities Department
provided that:
(a) If an easement is to be provided on private property, the property
owner /developer shall record an easement by separate document
satisfactory to the Public Works Department and the City Attorney's
Office prior to the first final building and zoning inspection for the
approved Final Site Plan;
(b) The property owner /developer shall be responsible for all costs
associated with the installation of said facilities; and,
(c) The timing for installation of the facilities shall be set forth in the detailed
phasing plan required by Section 9.3 (Timing, Phasing and Sequence of
Public Improvements and Facilities) of Development Agreement No.
2005 - 00008.
Public Works
21. That prior to the approval of the Master Final Tract Map for condominium
projects, the maps shall be labeled "for condominium purposes."
22. That prior to the approval of the Master Final Tract Map, the property
owner /developer shall submit to the City Traffic and Transportation Manager
for review and approval, a focused project access analysis that addresses trip
generation comparisons to the approved Master Site Plan, project access to
the internal street system and the local arterial street system, project
circulation phasing, cumulative effects of on -site development to the phasing
of internal streets, parking supply, loading areas, delivery areas, gate stacking
requirements (if security gates are proposed), and pedestrian linkages.
&'E
23. That prior to the approval of the Master Final Tract Map, the property
owner /developer shall submit for City approval mass grading, street, sewer,
storm drain and landscape (including /street tree) improvement plans for the
public improvements along Katella Avenue, Gene Autry Way, Market Street,
Connector Street, "B ", "C ", "D" and "E" Streets and Betmor Lane to the Public
Works Department, Development Services Division. The street improvement
plans shall be reviewed for City approval prior to the approval of the Master
Final Tract Map. Street tree selections for public streets shall be in
conformance with The Platinum Triangle Master Land Use Plan and the
approved Public Realm Landscape and Identity Program provided by
Condition No. 10 of Exhibit B -5 of Development Agreement No. 2005 - 00008.
Improvement bonds shall be posted in amounts approved by the City Engineer
and a form approved by the City Attorney prior to approval of the Master Final
Tract Map or issuance of a grading permit, whichever occurs first. A Right -of-
Way Construction Permit shall be obtained from the Development Services
Division for all work performed in the right -of -way. The improvements shall be
constructed prior to the first final building and zoning inspection on the project
site unless an alternative timeframe is approved by the City pursuant to
Section 9.3 (Timing, Phasing and Sequence of Public Improvements and
Facilities) of Development Agreement No. 2005 - 00008.
24. That prior to the issuance of the first grading permit for the Master Final Tract
Map and for each Final Site Plan, the property owner /developer shall submit a
Water Quality Management Plan to the Public Works Department
Development Services Division for review and approval that:
(a) Addresses Site Design Best Management Practices (BMP's) such as
minimizing impervious areas, maximizing permeability, minimizing
directly connected impervious areas, creating reduced or "zero
discharge" areas, and conserving natural areas;
(b) Incorporates the applicable Routine Source Control BMP's as defined in
the Drainage Area Management Plan;
(c) Incorporates Treatment Control BMP's as defined in the DAMP;
(d) Describes the long -term operation and maintenance requirements for
the Treatment Control BMP's;
(e) Identifies the entity that will be responsible for long -term operation and
maintenance of the Treatment Control BMP's, and describes the
mechanism for funding the long -term operation and maintenance of the
Treatment Control BMP's; and
(f) Ensures implementation of the Water Quality Management Plan during
on -going grading operations.
25. That prior to the final Public Works inspection for the public street
improvements, and prior to the final building and zoning inspection for each
Final Site Plan, the property owner /developer shall:
iGE
(a) Demonstrate that all structural BMP's described in the Project WQMP
have been constructed and installed in conformance with approved plans
and specifications;
(b) Demonstrate that the applicant is prepared to implement all non - structural
BMP's described in the Project WQMP; and,
(c) Demonstrate that an adequate number of copies of the approved Project
WQMP are available on -site.
Traffic
26. That prior to the approval of the Master Final Tract Map, final backbone Street
Improvement Plans in conjunction with the approved Public Facilities Plan
shall be submitted to the City Traffic and Transportation Manager for review
and approval. The plans shall include, but not be limited to, street revisions as
required by the City Traffic and Transportation Manager, on- street parking
spaces shall be posted, "No Overnight Parking, Except by Permission of the
Management ", the location of traffic signal box locations, location for the
OCTA Bus Stop on Katella Avenue and a rolled curb next to a minimum 2 -foot
wide interlocking paver area around the edge of Public Park Site 2, alignment
of the project's intersection of Market Street and Katella Avenue and the
Connector Street and Katella Avenue (BRE project) intersection on the north
side of Katella Avenue. The plan shall indicate all construction staging areas
with reserved space for construction parking and shall also designate truck
routes to the satisfaction of the Traffic and Transportation Manager. The final
backbone Street Improvement Plan shall provide details sufficient to ensure
that all street improvements will occur during the initial street construction.
Streets shall be constructed in accordance with Exhibit "I" Project Phasing of
the Development Agreement and with the detailed phasing plan required by
Section 9.3 (Timing, Phasing and Sequence of Public Improvements and
Facilities) of Development Agreement No. 2005 - 00008.
27. That prior to the approval of the Master Final Tract Map, the property
owner /developer shall post a bond for all traffic related street improvements,
including, but not limited to, traffic signals, directional signage, striping, and
median islands as required by Mitigation Monitoring Program No.138
referenced herein in Condition No. 8. All improvements shall be completed
prior to completion of street improvements for Market Street and prior to the
first final building and zoning inspection for the subject property, whichever
occurs first. The traffic signals at the intersections of Katella Avenue and
Market Street and Gene Autry and Market Street shall be designed prior to
Master Final Tract Map approval on the project site and be installed at the
ultimate locations and be operational prior to the first final building and zoning
inspection for the first Final Site Plan. The property owner /developer shall
comply with the timeframes set forth in this condition, provided that
modifications to these timeframes may be approved by the City as set forth in
the detailed phasing plan required by Section 9.3 (Timing, Phasing and
Sequence of Public Improvements and Facilities) of Development Agreement
No. 2005 -00008 provided said modifications do not result in any
environmental impacts.
11-
28. That prior to City acceptance of the public right -of -way improvements for all
internal streets identified on the Master Site Plan and Katella Avenue, Gene
Autry Way and State College Boulevard, said streets shall be posted with "No
Stopping Any Time" signs except where designated turn -out areas are
provided for loading and unloading. Such signs shall be shown on street
improvement plans submitted by the property owner /developer for the review
and approval by the Public Works Department and the location of such signs
shall be reviewed and approved by the City Traffic and Transportation
Manager. The property owner /developer shall be responsible for all costs
associated with the installation of such signs.
WATER
29. That prior to the approval of each Master Final Tract Map or issuance of a
grading permit, whichever occurs first, the property owner /developer shall
submit water improvement plans to the Water Engineering Division of the
Public Utilities Department for review and approval and a performance bond in
the amount approved by the City Engineer and form approved by the City
Attorney's office shall be posted with the City of Anaheim.
30. That prior to the approval of the Master Final Tract Map, associated with the
project, the property owner /developer shall post a bond to the City for the
installation of all water supply improvements, including all off site
improvements and fire hydrants and the abandonment /removal of any existing
water lines. All improvements shall be completed prior the first final building
and zoning inspection of the project.
TIMING
31. That this Master Tract Map is granted subject to the finalization of General
Plan Amendment No. 2005 -00434 and Amendment to The Platinum Triangle
Master Land Use Plan MIS No. 2005 - 00111, and adoption of zoning
ordinances in connection with Reclassification No. 2005 - 00164, Zoning Code
Amendment No. 2005 - 00042, and Development Agreement No. 2005 - 00008,
now pending.
32. 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.
Sincerely,
Eleanor Morris, Senior Secretary
Anaheim Planning Commission
TTM16859_Excerpt
12-
MITIGATION MONITORING PLAN NO. 138 -A Attachment - Item No. 2
FOR
4 =4 0I0I_1:7FM- 1101TA 0 U ;J:Z0P1 40 M PA Ul&i 11:4 :1111 11 : i%d PA I_1
CEQA Action Subsequent Environmental Impact Report No. 332 and Addendum
1. Project Description — Request to develop in The Platinum Triangle area of the City of Anaheim, A -Town, an urban community of neighborhoods, each with
a distinctive character, containing approximately 2,681 residences in a mix of housing types, including high -rise residential towers, street townhomes, podium
townhomes and lofts. Retail and townhomes will be developed at the base of the residential towers. These neighborhoods will be unified by a new street
designated as Market Street with approximately 150,000 square feet of street - related retail development. The plan also includes public park space and new
connector streets.
2. Project Location — The proposed site is approximately 41.4 -acres generally located between Katella Avenue and Gene Autry Way, extending from State
College Boulevard to just west of Betmor Lane in an area of the City of Anaheim known as The Platinum Triangle. The properties are further identified with
the following addresses: 1200 -1558, 1700 and 1800 East Katella Avenue, 1301 -1395 and 1551 Gene Autry Way, 1870, 1871, 1880, 1881, 1890, 1891, 1900
and 1901 South Chris Lane, 1833 and 1841 South State College Boulevard, 1800 and 1801 East Talbot Way, 1871, 1881, 1891, 1870 1880, 1890, 1900,
1901 and 1910 Betmor Lane and 1100 East Katella Avenue.
Terms and Definitions
3. Property Owner /Developer — Any owner or developer of real property on the Anaheim Stadium property and /or identified outlying parcels.
4. Environmental Equivalent/Timing — Any Mitigation Measure and timing thereof, subject to the approval of the City, which will have the same or superior
result and will have the same or superior effect on the environment. The Planning Department, in conjunction with any appropriate agencies or City
departments, shall determine the adequacy of any proposed "environmental equivalent/timing" and, if determined necessary, may refer said determination to
the Planning Commission. Any costs associated with information required in order to make a determination of environmental equivalency/timing shall be
borne by the property owner /developer. Staff time for reviews will be charged on a time and materials basis at the rate in the City's adopted fee schedule.
5. Timing — This is the point where a mitigation measure must be monitored for compliance. In the case where multiple action items are indicated, it is the first
point where compliance associated with the mitigation measure must be monitored. Once the initial action item has been complied with, no additional
monitoring pursuant to the Mitigation Monitoring Program will occur because routine City practices and procedures will ensure that the intent of the measure
has been complied with. For example, if the timing is "to be shown on approved building plans" subsequent to issuance of the building permit consistent with
the approved plans will be final building and zoning inspections pursuant to the building permit to ensure compliance.
6. Responsibility for Monitoring — Shall mean that compliance with the subject mitigation measure(s) shall be reviewed and determined adequate by all
departments listed for each mitigation measure.
7. On -going Mitigation Measures — The mitigation measures that are designated to occur on an on -going basis as part of this mitigation monitoring program
will be monitored in the form of an annual letter from the property owner /developer in January of each year stating how compliance with the subject
measures(s) has been achieved. When compliance with a measure has been demonstrated for a period of one year, monitoring of the measure will be
deemed to be satisfied and no further monitoring will occur. For measures that are to be monitored "On -going During Construction," the annual letter will
review those measures only while construction is occurring. Monitoring will be discontinued after construction is completed.
8. Building Permit — For purposes of this mitigation monitoring program, a building permit shall be defined as any permit issued for construction of a new
building or structural expansion or modification of any existing building but shall not include any permits required for interior tenant improvements or minor
additions to an existing structure or building.
8/29/05 Attach1 TTM16859 MMP No 138A
Measure
Responsible for
No.
Timing
Measure
Monitoring
Completion
AIR QUALITY
5.2 -3
Prior to the
Prior to the approval of each grading plan (for Import /Export Plan) and prior to
Planning
AND
approval of each
issuance of demolition permits (for Demolition Plans), the property owner /developer
Department,
5.11 -10
grading plan (for
shall submit Demolition and Import /Export Plans. These plans shall include
Building Division
(5.11 -10
Import /Export Plan)
identification of off -site locations for materials exported from the project and options
is a
and prior to
for disposal of excess material. These options may include recycling of materials
duplicate
issuance of
onsite or to an adjacent site, sale to a soil broker or contractor, sale to a project in
of 5.2 -3
demolition permits
the vicinity or transport to an environmentally cleared landfill, with attempts made to
in MMP
(for Demolition
move it within Orange County. The property owner /developer shall offer recyclable
106A)
Plans)
building materials, such as asphalt or concrete for sale or removal by private firms
or public agencies for use in construction of other projects, if not all can be reused
at the project site.
TRAFFIC AND CIRCULATION
5.10 -4
As determined by
The General Plan Circulation Element and associated Planned Roadway Network
Public Works
the Traffic and
Map (Figure C -1 of the General Plan), identifies those roadways that are planned to
Department, Traffic
Transportation
accommodate current development and future growth established by the Land Use
and Transportation
Division
Element. As determined by the Public Works Department, Traffic and Transporta-
Division
tion Division, roadways will be constructed as development occurs and as funding
becomes available. In addition to the roadways identified on the Planned Roadway
Network Map, improvements will be necessary to maintain acceptable levels of
service within the anticipated theoretical buildout identified in the General Plan.
5.10 -6
Prior to approval of
The property owner /developer shall irrevocably offer for dedication (with
Public Works
the first final
subordination of easements), including necessary construction easements, the
Department,
subdivision map or
ultimate arterial highway right(s) -of -way as shown in the Circulation Element of the
Engineering
issuance of the first
Anaheim General Plan adjacent to their property.
Division, Planning
building permit,
Department/Building
whichever occurs
Division
first, and subject to
nexus requirements
UTILITIES AND SERVICE SYSTEMS
5.11 -5
Prior to approval of
The City Engineer shall review the location of each project to determine if it is
Public Works
a final subdivision
located within an area served by deficient sewer facilities, as identified in The
Department,
map or issuance of
Platinum Triangle Sewer Study. If the project will increase sewer flows beyond
Engineering
a grading or
those programmed in the appropriate master plan sewer study for the area or if the
Division, Planning
building permit,
project currently discharges to an existing deficient sewer system or will create a
Department,
whichever occurs
deficiency in an existing sewer line, the property owner /developer shall be required
Building Division
first
to guarantee mitigation of the impact to adequately serve the area to the
satisfaction of the City Engineer and City Attorney's Office. The property
Measure
No.
Timing
Measure
Responsible for
Monitoring
Completion
owner /developer shall be required to install the sanitary sewer facilities, as required
by the City Engineer to mitigate the impacts of the proposed development based
upon the Benefit Parcels and Development Mitigation (Appendix D of The Platinum
Triangle Sewer Study), prior to acceptance for maintenance of public improvements
by the City or final Building and Zoning inspection for the building /structure,
whichever occurs first. Additionally, the property owner /developer shall participate
in the Infrastructure Improvement (Fee) Program, if adopted for the Project Area, as
determined by the City Engineer, which could include fees, credits,
reimbursements, construction, or a combination thereof.
EXHIBIT "B -5" Item No. 2
DEVELOPMENT AGREEMENT CONDITIONS OF APPROVAL
Development Agreement No. 2005 -00008
October 26, 2005
GENERAL:
That the project is expressly conditioned upon the applicants' indemnifying and holding
harmless the City, its agents, officers, council members, employees, boards,
commissions and their members and the City Council from any claim, action or
proceeding brought against any of the foregoing individuals or entities, the purpose of
such litigation being to attack, set aside, void or annul any approval of the application or
related decision, or the adoption of any environmental documents which relates to the
approval of the Proposed Actions. This indemnification shall include, but is not limited to,
all reasonable damages, costs, expenses, attorney fees or expert witness fees that may
be awarded to the prevailing party, and costs of suit, attorneys' fees, and other costs,
liabilities and expenses arising out of or in connection with the approval of the application
or related decision, whether or not there is concurrent, or passive negligence on the part
of the City, its agents, officers, council members, employees, boards, commissions and
their members and the City Council. The property owner /developer shall have the right to
select legal counsel. The City shall have the right to approve, which approval will not be
unreasonably withheld, the legal counsel providing the City's defense, and the applicant
shall reimburse the City for any costs and expenses reasonably incurred by the City in
the course of the defense. No later than 30 (thirty) days following the City Council's
adoption of the Ordinance adopting Development Agreement No. 2005 - 00008, the legal
property owner shall provide a letter to the City satisfactory to the City Attorney's Office
memorializing the foregoing.
2. That the Master Site Plan shall be implemented through the processing of a Master
Tentative and Master Final Tract Map encompassing the entire 41.4 -acre project site and
said map shall be recorded prior to approval of the first Final Site Plan subject to the
following:
(a) The Master Tentative Tract Map shall contain a note to the effect that the approval
of a Final Site Plan is required prior to issuance of the first building permit in each
Development Area.
(b) Irrevocable offers of dedication, including necessary construction easements and
easements for street, public utility and other public purposes, for the ultimate right -
of -way improvements for the following arterial highways, Market Street and
connector streets, and park sites listed below and identified in these conditions of
approval, shall be made prior to recordation of the Master Final Tract Map:
1. Arterial highways along the project site frontage including:
a. Katella Avenue
b. State College Boulevard
C. Gene Autry Way
2. Market Street within the Master Site Plan boundaries
3. Connector Streets within the Master Site Plan boundaries (Connector Street
and "B ", "C ", "D" and "E" Streets as shown on the Master Site Plan)
4. Betmor Lane within the Master Site Plan boundaries
5. Public Park Site 1 and Public Park Site 2 in the locations shown on the
Master Site Plan in Exhibit "B" of this Development Agreement
(c) Prior to approval of the Master Tentative Tract Map
1. The alignments and dimensions of the streets listed in (b) above shall be
shown on the Master Tentative Tract Map to the satisfaction of the Public
Works Department;
2. The park acreage and boundaries listed in (b -5) above shall be approved by
the Community Services Department;
(d) Prior to approval of the Master Final Tract Map, the park obligations of the property
owner /developer shall be secured by performance bonds, letters of credit or another
form of security, in an amount and form approved by the City Attorney's Office and
the Community Services Department.
(e) Prior to recordation of the Master Final Tract Map:
1. All dedicated park properties shall be free of encumbrances or easements
unless otherwise acceptable to the Community Services Department.
2. Before the dedication of any park area is accepted by the City, a Title Report
for that park must be provided to and approved by the City Attorney's Office.
3. On an annual basis and as part of the Development Agreement Annual Review, the
property owner /developer shall provide an updated phasing plan to the Planning Services
Division of the Planning Department until project build out.
4. That prior to the approval of the Master Tentative Tract Map, information and plans shall
be submitted to the Streets and Sanitation Division of the Public Works Department for
review and approval of the following:
(a) Sewer and storm drain manhole Locations and Detour Plan Criteria
(b) Trash truck turning radius
The approved information shall be shown on each Street Improvement Plan submitted to
the Public Works Department.
5. That prior to recordation of the Master Final Tract Map, the property owner /developer
shall finalize the abandonment of any existing roadways and public utilities easements to
the satisfaction of the Development Services Division of the Public Works Department.
6. That prior to the approval of the Master Tentative Tract Map, the boundaries of the
numbered residential /mixed -use lots shall coincide with the boundaries of the
development areas as identified in the Master Site Plan. These areas may be further
subdivided in connection with the processing of subsequent builder tentative tract or
parcel maps provided that a Final Site Plan showing the configuration of the subdivided
lots and the proposed buildings is approved prior to or concurrently with the builder
tentative tract or parcel map.
That prior to the finalization and recordation of the Master Final Tract Map, the property
owner /developer shall undertake and implement the maintenance of certain landscaping,
private street and private utilities, and the performance of other obligations, as set forth
herein. Prior to the final building and zoning inspection for each Final Site Plan, the
property owner /developer shall execute and record with the Orange County Recorder an
unsubordinated declaration of Covenants, Conditions and Restrictions ( "C C & R's ") to
run with the land, satisfactory to the Planning Director, Public Works Director and the City
Attorney, creating maintenance obligations to maintain the following areas and facilities
PJ
(collectively referred to hereinafter as the "Maintenance Areas and Facilities ") as
indicated below:
• Private drives and parking (if applicable), including sidewalks, landscaping, street
lighting, mounted lighting, signage, striping and parkways.
• Private sewer lines, grease interceptors, manholes and clean outs.
• Private storm drain lines, area drains, inlets, manholes and catch basins.
• Treatment Controls Best Management Practices for Water Quality Management
Plan Best Management Practices as required pursuant to Condition Nos. 69 and 70.
• Demonstrate that the Owner is prepared to implement all non - structural BMP's
described in the Project WQMP as required pursuant to Condition Nos. 69 and 70.
• Demonstrate that an adequate number of copies for (all responsible parties) of the
approved Project WQMP are available on -site as required pursuant to Condition No.
70.
• Internal landscape areas, courtyards, common areas.
• Internal hardscape.
• On -site fountains and art elements.
• Enclosed parking structures with mail facilities, trash collection areas, and bicycle
storage.
• Appliances in each dwelling unit including washer, dryer, stove, refrigerator,
microwave, and dishwasher.
• HVAC equipment in each dwelling unit.
• Recreational amenities areas including pools & spas, barbecue areas, clubhouse
meeting room(s) and workout room.
• Public restrooms.
• Site lighting systems.
• Trash collection and facilities including the Solid Waste Management Plan for the
project as approved by the City.
• Squeal -free surface in parking structure.
• Maintenance of on -site signs and awnings.
• Outdoor seating and dining areas.
• Maintenance of all security equipment required by the Police Department including
antennas providing radio communication.
• Maintenance of private water meters.
191
• Removal of graffiti within 24 hours of occurrence.
• That a sign shall be posted in each trash collection area indicating "No Parking
Between the Hours of 7 A.M. and 5 P.M." to allow sufficient access for the trash bin
retrieval vehicle pursuant to Condition No. 76.
• Maintenance of all special surface improvements pursuant to Condition No. 93.
• Ongoing during business operations of each commercial establishment, provision
for hours of delivery to be limited to 7 a.m. to 10 p.m. daily.
• Ongoing during business operations of each commercial establishment, there shall
be no public telephones located outside any building.
• Provision for the maintenance of all associated water line improvements pursuant to
Condition No. 89.
• Ongoing during operation, provision for the property to be permanently maintained
in an orderly fashion by providing regular landscape maintenance and removal trash
or debris.
• Provision for the replacement of any tree planted on -site in accordance with project
landscaping plans in a timely manner in the event that it is removed, damaged,
diseased, and /or dead.
• Provision for written disclaimer pursuant to Condition No. 17.
The obligations described above and depicted in the Maintenance Exhibit shall
collectively be referred to as the "Maintenance Obligations." The property
owner /developer shall be responsible for the maintenance of the Maintenance Areas and
Facilities and performance of the Maintenance Obligations, including any additional
obligations, which may be specified herein. The Covenant may provide that any of the
Maintenance Obligations may be assumed by a duly formed Platinum Triangle
Infrastructure and /or Maintenance Assessment District subject to CITY's written
approval. The covenant set forth herein constitutes a general scheme for the
development, protection and maintenance of the Property. Said covenant is for the
benefit of the Property and shall bind all successor owners thereof. Such covenant shall
be a burden upon, and a benefit to, not only the property owner /developer but also its
successors and assigns. Such covenant is intended to be and shall be declared to be
running with the land or equitable servitudes upon the land, as the case may be.
The Covenant shall provide that amendment of any provision thereof, which may
negatively impact performance of the Maintenance Obligations, shall require prior written
consent of the City. Termination of this Covenant is not a release of Declarant with
regard to Declarant's independent obligations in connection with development and
approval of the Project or with regard to obligations and liabilities incurred prior to such
termination.
Planning
8. That prior to the issuance of the first building permit for each Final Site Plan which
incorporates commercial square footage associated with the existing on -site motel(s),
said motel(s) shall be demolished.
C!
9. That the property owner developer shall be responsible for compliance with and any
direct costs associated with the monitoring and reporting of all mitigation measures set
forth in the attached Mitigation Monitoring Plan (MMP) No. 138, established by the City of
Anaheim as required by Section 21081.6 of the Public Resources Code to ensure
implementation of those identified mitigation measures within the timeframes identified in
the measure. MMP No. 138 is made a part of these conditions of approval by reference.
10. That prior to the approval of the first Final Site Plan, the property owner /developer shall
submit a Public Realm Landscape and Identity Program for review and approval by the
Planning Commission as a Reports and Recommendation item. The Program shall
pertain to the design of Market Street and the Connector Streets, as depicted on the
Master Site Plan. The Program shall include, but not be limited to specific designs for
light fixtures, street furniture, signage and parkway and median landscape consistent with
The Platinum Triangle Master Land Use Plan and with the Design Guidelines established
pursuant to Condition No. 21. Said Program may also include, at the option of the
property owner /developer, designs for proposed public art and gateway features.
11. Prior to the approval of each street improvement plan for Market Street and the
Connector Streets, the property owner /developer shall submit improvement plans
designed in conformance with the approved Public Realm Landscape and Identity
Program pursuant to Condition No. 10.
12. That prior to the issuance of each building permit, all units shall be assigned street
addresses by the Building Division of the Planning Department. Street names for any
new public or private street (if requested by the property owner /developer or required by
the City) shall be submitted to and approved by the Building Division.
13. That prior to the approval of each Final Site Plan, plans shall show that all plumbing or
other similar pipes and fixtures located 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 plans submitted for building permits and implemented prior
to the first final building and zoning inspection for each building.
14. That prior to the approval of each Final Site Plan, plans shall indicate that assigned
parking spaces shall be provided for each residential unit. Said information shall be
specifically shown on plans submitted for building permits and evidence in the form of a
letter from the property owner /developer shall be provided to the Planning Services
Division of the Planning Department showing implementation of this requirement prior to
the first final building and zoning inspection for the parking structure.
15. That prior to the issuance of the first building permit for each Final Site Plan, plans shall
show that visitor parking spaces shall be posted "No Overnight Parking, Except by
Permission of the Management'. Said signs shall be installed prior to the first final
building and zoning inspection for the parking structure and /or parking lot.
16. That prior to the issuance of the first building permit for each Final Site Plan, plans shall
show that satellite or other cable /transmission television wiring (concealed from outside
the building) shall be provided to each unit and a note shall be added to the construction
drawings stating that individual television service involving the installation of individual
dish receivers /transmitters on the exterior of the building shall not be allowed. Said wiring
shall be installed in conformance with the approved building plans prior to the first final
building and zoning inspection for each building.
17. That prior to issuance of the first building permit, the property owner /developer shall
provide the Planning Services Division of the Planning Department with a copy of a
5
written disclaimer that will be distributed to prospective buyers /lessees indicating that
they are purchasing /leasing property that is within close proximity to the Angel Stadium of
Anaheim, the Grove of Anaheim and the Arrowhead Pond of Anaheim and that the nature
of these venues includes potentially audible noise (such as crowd noise, vehicular traffic
noise, fireworks, and amplified sound) during events, and traffic delays during event
times. On -going during sales /lease of dwelling units and commercial units, the property
owner /developer shall provide each buyer with this written information. Provisions for
providing this disclaimer shall be included in the recorded Master C C & R's for the
project required pursuant to Condition No. 7.
18. That ongoing during business operations, the property owner /developer shall not charge
for "event parking" for the Arrowhead Pond of Anaheim, the Grove of Anaheim or the
Angel Stadium of Anaheim unless approved by the City.
19. That prior to the approval of each Final Site Plan, plans shall show that all air conditioning
facilities and other roof -and ground- mounted equipment shall be properly shielded from
view. Said information shall be specifically shown on the plans submitted for building
permits and implemented prior to the first final building and zoning inspection for each
building.
20. That prior to the approval of each Final Site Plan, plans shall identify the location of a mai
delivery parking stall and indicate that the stall shall be posted with a sign that indicates it
is a reserved space for mail delivery during the hours of potential mail service. Said
information shall be specifically shown on plans submitted for building permits and said
parking space and sign shall be installed prior to the first final building and zoning
inspection for each Final Site Plan.
21. That prior to the approval of the first Final Site Plan, the property owner /developer shall
submit Design Guidelines for the overall Master Site Plan to the Planning Director for
review and approval. The Design Guidelines shall depict a quality environment and
character consistent with The Platinum Triangle Master Land Use Plan and the Platinum
Triangle Mixed Use Overlay Zone (Chapter 18.20 of the Anaheim Municipal Code) and
shall include a comprehensive sign program with a temporary and permanent on -site sign
program for model homes.
Community Services
22. That ongoing during construction of each public park site, the property owner /developer
shall be responsible for all utility connections, fees, permits and charges, all consultant,
project inspection and staff time costs for project plan and construction review and any
incidental costs relating to the park improvement, as approved by the Community Services
Department.
23. That prior to approval of each public park improvement plan by the Community Services
Department, the property owner /developer shall provide an acceptable financial mechanism
subject to the approval of the Community Services Department, City Finance Department
and City Attorney to insure that all necessary park development, maintenance, rehabilitation
and replacement of approved park improvements will not be the responsibility of the City.
24. That prior to the park construction being deemed complete by the Community Services
Department, each public park site (Public Park Site 1 and Public Park Site 2 as shown on
the Master Site Plan in Exhibit "B" of this Development Agreement), shall be developed in
accordance with Community Services Department standards and will be subject to
Community Services Department approval.
W
25. That park credit will be given for Public Park Site 1 and Public Park Site 2 in the amount
set forth in Section 9.1 and Exhibit D -5 of the Development Agreement, provided the
parks comply with the following criteria:
(a) That park fee credit shall be granted, subject to the Community Services
Department approval, based upon the provision of a site(s) acceptable to the
Community Services Department that meets a 2% to 5% gradient, unless approved
otherwise by the Community Services Department, with no easements and other
obstructions, except as required for park development, being considered for credit
unless otherwise approved by the Community Services Department;
(b) That all plans for public park improvements are subject to approval by the
Community Services Department;
(c) That park credit will not be given for portions of the right -of -way, sidewalks to
commercial encumbrance and residential areas, road easements or any other
improvement that will lessen the actual amount of park space;
(d) That park credit against fees will only be provided for sites approved by the
Community Services Department and only for the per acre value of the land, as
established by the current City Council approved park in lieu fee ordinance and
resolution; and,
(e) That no park fee credit shall be granted for any private park or recreational
improvements provided with the A -Town development(s).
26. That prior to issuance of the first building permit in the Master Site Plan project area, the
property owner /developer shall pay to the City of Anaheim one -half the park fee due for
the 2,681 residential units approved pursuant to this Development Agreement in
accordance with the formula set forth in Exhibit D -5 (Platinum Triangle Park Fees) of this
Development Agreement. The second half of the fees shall be paid by the property
owner /developer in accordance with Condition No. 27.
27. That prior to the issuance of each building permit, the property owner /developer shall pay
to the City of Anaheim the second half of the park fees due for each of the residential
units approved for said tract or parcel map in accordance with the formula set forth in
Exhibit D -5 (Platinum Triangle Park Fees) of this Development Agreement.
28. That prior to the first final building and zoning inspection for the Final Site Plan approved
for any development (including non - residential) in Development Areas B, E, N or M as
shown on the Master Site Plan, the property owner /developer shall be responsible for the
completion of Public Park Site 1 unless an alternative phasing plan is approved as part of
the detailed phasing plan required by Section 9.3 (Timing, Phasing and Sequence of
Public Improvements and Facilities) of this Development Agreement.
29. That the property owner /developer shall be responsible for the completion of Public Park
Site 2 in accordance with the timeframe set forth in the detailed phasing plan required by
Section 9.3 (Timing, Phasing and Sequence of Public Improvements and Facilities) of this
Development Agreement.
30. That prior to the approval of each public park improvement plan for Public Park Site 1 and
Public Park Site 2 as shown on the Master Site Plan, the Community Services
Department shall have approval over the following:
(a) Approval of Landscape Architect and other consultants used to design the park
ri
and prepare the construction documents;
(b) Approval of Master Park Plan, schematic plans, preliminary plans and final plans,
specifications, cost estimates and other construction documents;
(c) Approval of all project materials and products used in constructing the park and the
right of inspection by City staff at the property owner /developer's cost; and
(d) Public Park areas shall have amenities including, but not limited to, light fixtures,
site furnishings and signage consistent with the approved Public Realm Landscape
and Identity Program elements required pursuant to Condition No. 10.
Electrical
31. That prior to the approval of the Master Final Tract Map, the property owner /developer
shall post a bond to the City for the undergrounding of all overhead electrical utility
structures located on the property as required by Mitigation Monitoring Program No. 138
referenced herein in Condition No. 9. All improvements /undergrounding shall be
completed to coincide with the level of development that would require this improvement,
to the satisfaction of the Anaheim Public Utilities Department and other utility companies.
32. That prior to the approval of the first Final Site Plan, easements shall be provided by the
property owner /developer for surface mounted switches that are integral to electrical
circuits to the satisfaction of the Public Utilities Department. The property
owner /developer shall install the duct bank, substructures and provide switch easements
as the new streets are installed. The Public Utilities Department will specify the duct
bank and easement configurations when a load schedule is available. This information
shall be specifically shown on the street improvement plans submitted by the property
owner /developer. The backbone circuits will serve the electrical systems required for the
individual residential commercial buildings.
33. That prior to the approval of the Master Final Tract Map, the property owner /developer
shall post a bond to the City for the installation of street lights on Market Street,
Connector Street, "B ", "C" and "D" Streets and Betmor Lane. Street lights shall be in
accordance with the Public Realm Landscape and Identity Program as approved by the
Planning Commission pursuant to Condition No. 10.
34. That prior to the issuance of the first building permit for each Final Site Plan, the property
shall be served with underground utilities per the Electrical Rates, Rules, and
Regulations, and the City of Anaheim Underground Policy.
35. That prior to the first final building and zoning inspection for each Final Site Plan, the
relocation of existing facilities and /or installation of new systems shall be timed to
coincide with the level of development that would require this improvement, to the
satisfaction of the Anaheim Public Utilities Department and other utility companies.
36. That prior to the approval of the first Final Site Plan, the property owner /developer shall
submit plans identifying the locations to install 12Kv duct bank and substructures for
electrical backbone circuits from Katella Avenue to Gene Autry Way and to State College
Boulevard to the satisfaction of the Public Utilities Department. The substructures will
require a ten -foot wide path through the proposed streets or a ten -foot wide easement on
the property owner /developer's property.
37. Prior to the approval of street improvement plans for each street identified within the
Master Site Plan area, or if the electrical improvements are to be located on private
property, prior to the approval of the applicable Final Site Plan, plans shall provide for the
construction of the electrical facilities required pursuant to Condition No. 36 in the
locations approved by the Public Utilities Department provided that:
(a) If an easement is to be provided on private property, the property owner /developer
shall record an easement by separate document satisfactory to the Public Works
E:3
Department and the City Attorney's Office prior to the first final building and zoning
inspection for the approved Final Site Plan;
(b) The property owner /developer shall be responsible for all costs associated with the
installation of said facilities; and,
(c) The timing for installation of the facilities shall be set forth in the detailed phasing
plan required by Section 9.3 (Timing, Phasing and Sequence of Public
Improvements and Facilities) of this Development Agreement.
38. That prior to the issuance of the first building permit for each Final Site Plan, the property
owner /developer shall underground overhead facilities, if required, and provide
easements in a location acceptable to the Public Utilities Department that shall interface
with and /or replace the existing overhead 12kV and communication distribution system.
Said information shall be specifically shown on plans submitted for building permits.
39. That prior to the approval of each Final Site Plan, plans shall indicate that above - ground
utility devices are located on private property and outside any required setback areas
adjacent to arterial highways, Market Street and Connector Streets. Prior to the issuance
of the first building permit for the approved Final Site Plan, the above - ground utility
devices shall be specifically shown on construction plans in locations substantially in
accordance with the approved Final Site Plan.
40. That prior to the first final building and zoning inspection for each Final Site Plan, the
property owner /developer shall provide the City of Anaheim with a public utilities
easement (per final electrical design), along /across high voltage lines, low voltage lines
crossing private property, and around all pad- mounted transformers, switches,
capacitors, etc. Said easement shall be submitted to the City of Anaheim prior to
connection of electrical service.
41. That prior to the first final building and zoning inspection for each Final Site Plan, any
required relocation of City electrical facilities shall be completed at the property
owner /developer's expense. Landscape and /or hardscape screening of all pad- mounted
equipment shall be required outside the easement area of the equipment. Said
information shall be specifically shown on plans submitted for building permits.
42. That prior to issuance of the first building permit for each Final Site Plan, the property
owner /developer shall coordinate its service requirements and relocation issues with the
City of Anaheim Public Utilities Department and the other utility companies involved.
43. That prior to the first final building and zoning inspection for each Final Site Plan, 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 property owner /developer. Said
information shall be specifically shown on plans submitted for building permits.
44. That prior to the approval of each Final Site Plan including a podium structure, plans shall
indicate that all transformers and switching equipment shall be located within electric
equipment rooms located within the podium structure. Said locations shall be reviewed
and approved by the Public Utilities Department prior to the approval of the Final Site
Plan.
Fire
45. That prior to the first final building and zoning inspection for each Final Site Plan or
approval of on -site water plans, whichever occurs first, unless each commercial building
is initially connected to separate fire services, an unsubordinated covenant satisfactory to
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the City Attorney's office shall be recorded prohibiting any individual sale of buildings until
separate fire services are installed in the buildings(s) subject to the sale.
46. That prior to the issuance of the first building permit for each Final Site Plan, or prior to
the delivery of combustible materials for construction of buildings, whichever occurs first,
the property owner /developer shall complete all necessary water facilities to provide the
fire flows required by the Fire Department. Said information shall be specifically shown
on plans submitted for building permits.
47. That prior to the issuance of the first building permit for each building and prior to
structural framing, fire hydrants shall be installed and charged as required by the Fire
Department and shall meet minimum Fire Department Specifications and Requirements
for spacing, distance to structure and available fire flow. Said information shall be
specifically shown on plans submitted for building permits.
48. That prior to the issuance of the first building permit for each Final Site Plan, emergency
vehicular access shall be provided and maintained in accordance with Fire Department
Specifications and Requirements. Said information shall be specifically shown on plans
submitted for building permits.
49. That prior to the first final building and zoning inspection for each building, an automatic
fire sprinkler system shall be designed, installed and maintained as required by the Fire
Department. Said information shall be specifically shown on plans submitted for building
permits.
50. That prior to the first final building and zoning inspection for each building, a fire alarm
system shall be designed, installed and maintained as required by the Fire Department.
Said information shall be specifically shown on plans submitted for building permits.
51. That prior to the first final building and zoning inspection for each building, lockable
pedestrian and /or vehicular access gates shall be equipped with Knox devices as
required and approved by the Fire Department. Said information shall be specifically
shown on plans submitted for building permits.
52. That prior to the issuance of the first building permit for each building, the width of all
exterior stairwells shall be as determined by the Fire Department in conformance with
emergency evacuation standards. Said information shall be specifically shown on plans
submitted for building permits.
Police
53. That prior to the issuance of the first building permit for each Final Site Plan including a
parking structure, plans shall show that closed circuit television (CCTV) security cameras
shall be installed to monitor the parking structures and the mailrooms to the satisfaction
of the Anaheim Police Department. CCTV cameras shall be strategically located
throughout the parking structure, mailroom and lobby, covering all areas, especially all
pedestrian and vehicular access points. Further, 2 -way communication devices shall be
placed in the parking structure as required by the Police Department. All cameras and
communication devices shall be installed prior to the first final building and zoning
inspection for each of said Final Site Plans.
54. That prior to issuance of the first building permit for each Final Site Plan, plans shall
indicate that each individual building and unit shall be clearly marked with its appropriate
building number and address. These numbers shall be positioned so they are easily
viewed from vehicular and pedestrian pathways throughout the complex. Main building
numbers shall be a minimum of 12 inches in height. Main building numbers and address
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numbers shall be illuminated during hours of darkness. Said numbers shall be installed
prior to the first final building and zoning inspection for each building.
55. That prior to the approval of each Final Site Plan, plans shall show that 4- foot -high
address numbers shall be displayed on the roof of each building in a contrasting color to
the roof material. Said numbers shall not be visible from view of the street or adjacent
properties. Said information shall be subject to the review and approval of the Police
Department and the Planning Services Division of the Planning Department. Said
numbers shall be provided prior to the first final building and zoning inspection for each
building.
56. That prior to the issuance of the first building permit for each Final Site Plan, plans shall
indicate that pedestrian and vehicular access control shall be provided to prevent
unwanted entry and that a digital keypad entry system shall be provided to facilitate quick
response by emergency personnel. Said items shall be installed and the system's entry
code provided to the Anaheim Police Department Communications Bureau and the
Anaheim Fire Department prior to the first final building and zoning inspection for each
building.
57. That prior to the issuance of the first building permit for each Final Site Plan, plans shall
indicate that adequate lighting shall be provided on all levels of the parking structures,
including circulation areas, aisles, passageways, recesses, and grounds contiguous to
buildings with lighting of sufficient wattage to provide adequate illumination to make
clearly visible the presence of any person on or about the premises during the hours of
darkness and provide a safe, secure environment for all persons, property, and vehicles
on -site. Said lighting shall be installed prior to the first final building and zoning
inspection for each parking structure.
58. That prior to the issuance of the first building permit for each Final Site Plan, plans shall
show that common rooms, such as gym facilities, recreation areas, laundry rooms,
conference rooms, etc., shall have transparent doors, view panels installed in solid doors,
or a window installed next to the door for increased visibility into the room. Said features
shall be installed prior to the first final building and zoning inspection for each recreation
area.
59. That prior to the issuance of the first building permit for each parking structure, plans shall
show that a minimum lighting level of one (1) foot - candle measured at the parking surface
shall be maintained for the parking structure with a maximum to minimum ratio no greater
than 10:1. Said lighting shall be installed prior to the first final building and zoning
inspection for the parking structure.
60. That ongoing during operation of any restaurant, and at all times when the premises is
open for business, the premises shall be maintained as a bona fide restaurant and shall
provide a menu containing an assortment of foods normally offered in such restaurant.
61. That ongoing during operation of each restaurant, there shall be no live entertainment,
amplified music or dancing permitted on the premises at any time unless the proper
permits have been obtained from the City of Anaheim.
62. That ongoing during business operations of each commercial establishment, all activities
occurring in conjunction with the operation of said establishment shall not cause noise
disturbance to surrounding uses.
Public Works
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63. That prior to the approval of the Master Final Tract Map for condominium projects, the
maps shall be labeled "for condominium purposes."
64. That prior to the approval of the Master Final Tract Map, the property owner /developer
shall submit to the City Traffic and Transportation Manager for review and approval, a
focused project access analysis that addresses trip generation comparisons to the
approved Master Site Plan, project access to the internal street system and the local
arterial street system, project circulation phasing, cumulative effects of on -site
development to the phasing of internal streets, parking supply, loading areas, delivery
areas, gate stacking requirements (if security gates are proposed), and pedestrian
linkages.
65. That prior to the approval of each Final Site Plan, the property owner /developer shall
identify on the Final Site Plan easements for emergency, public utility and other public
purposes for fire access as required for each development area. Prior to the first final
building and zoning inspection, the property owner /developer shall irrevocably offer to
dedicate the approved easements to the City of Anaheim.
66. That prior to the approval of the first Final Site Plan that discharges to the Katella Avenue
or the Gene Autry Way sewer lines, the property owner /developer shall be responsible to
mitigate the project's impact to that respective sewer line by designing and constructing a
"reverse sewer line" in Katella Avenue and designing and constructing the upsized Gene
Autry/ Santa Cruz diversion sewer lines (per The Platinum Triangle Sewer Study or an
alternative alignment as approved by the City Engineer). The project civil engineer shall
prepare final construction drawings for the complete sewer line required by the approved
Sewer Study. Costs associated with the design and construction of the sewer lines may
be used to offset the sewer impact fees. If the property owner /developer's costs exceed
the required sewer impact fees, the property owner /developer may request creation of a
reimbursement agreement to provide for the reimbursement of the constructed sewer
lines when the adjacent properties develop and connect to the sewer line. The property
owner /developer shall be responsible for constructing the required improvements prior to
approval of the first Final Site Plan that discharges to the respective sewer line in Katella
Avenue or Gene Autry Way unless an alternative timeframe is approved by the City
pursuant to Section 9.3 (Timing, Phasing and Sequence of Public Improvements and
Facilities) of this Development Agreement.
67. That prior to the approval of the Master Final Tract Map, the property owner /developer
shall submit for City approval mass grading, street, sewer, storm drain and landscape
(including /street tree) improvement plans for the public improvements along Katella
Avenue, Gene Autry Way, Market Street, Connector Street, "B ", "C ", "D" and "E" Streets
and Betmor Lane to the Public Works Department, Development Services Division. The
street improvement plans shall be reviewed for City approval prior to the approval of the
Master Final Tract Map. Street tree selections for public streets shall be in conformance
with The Platinum Triangle Master Land Use Plan and the approved Public Realm
Landscape and Identity Program provided by Condition No. 10. Improvement bonds shall
be posted in amounts approved by the City Engineer and a form approved by the City
Attorney prior to approval of the Master Final Tract Map or issuance of a grading permit,
whichever occurs first. A Right -of -Way Construction Permit shall be obtained from the
Development Services Division for all work performed in the right -of -way. The
improvements shall be constructed prior to the first final building and zoning inspection on
the project site unless an alternative timeframe is approved by the City pursuant to
Section 9.3 (Timing, Phasing and Sequence of Public Improvements and Facilities) of this
Development Agreement.
68. That prior to the approval of the first Final Site Plan within Phase 3 as set forth in Exhibit
"H" Infrastructure Phasing of this Development Agreement and Master Site Plan, the
IVA
property owner /developer shall submit street, sewer, storm drain and landscape including
street trees, improvement plans for the public improvements along State College
Boulevard to the Public Works Department, Development Services Division and plans
shall be prepared to the satisfaction of the City Engineer. Bonds shall be posted in
amounts approved by the City Engineer and a form approved by the City Attorney prior to
approval of any final site plan or issuance of a grading permit, whichever occurs first, in
Phase 3. A Right -of -Way Construction Permit shall be obtained from the Development
Services Division for all work performed in the right -of -way. The improvements shall be
constructed prior to the first final building and zoning inspection in Phase 3 unless an
alternative timeframe is approved by the City pursuant to Section 9.3 (Timing, Phasing
and Sequence of Public Improvements and Facilities) of this Development Agreement. If
the property owner /developer's costs exceed the property owner /developer's fair share of
the required improvements, the property owner /developer may request reimbursement in
accordance with Section 11 of the Development Agreement.
69. That prior to the issuance of the first grading permit for the Master Final Tract Map and
for each Final Site Plan, the property owner /developer shall submit a Water Quality
Management Plan to the Public Works Department Development Services Division for
review and approval that:
(a) Addresses Site Design Best Management Practices (BMP's) such as minimizing
impervious areas, maximizing permeability, minimizing directly connected
impervious areas, creating reduced or "zero discharge" areas, and conserving
natural areas;
(b) Incorporates the applicable Routine Source Control BMP's as defined in the
Drainage Area Management Plan;
(c) Incorporates Treatment Control BMP's as defined in the DAMP;
(d) Describes the long -term operation and maintenance requirements for the
Treatment Control BMP's;
(e) Identifies the entity that will be responsible for long -term operation and
maintenance of the Treatment Control BMP's, and describes the mechanism for
funding the long -term operation and maintenance of the Treatment Control BMP's;
and
(f) Ensures implementation of the Water Quality Management Plan during on -going
grading operations.
70. That prior to the final Public Works inspection for the public street improvements, and
prior to the final building and zoning inspection for each Final Site Plan, the property
owner /developer shall:
(a) Demonstrate that all structural BMP's described in the Project WQMP have been
constructed and installed in conformance with approved plans and specifications;
(b) Demonstrate that the applicant is prepared to implement all non - structural BMP's
described in the Project WQMP; and,
(c) Demonstrate that an adequate number of copies of the approved Project WQMP are
available on -site.
71. That prior to the first final building and zoning inspection for each building, the property
owner /developer shall construct sewers and storm drains to serve the ultimate
13
development of the property as provided by areawide engineering studies to be
conducted prior to issuance of any building permits for the first permitted building and
updated prior to the issuance of any building permits for each subsequent permitted
building. All studies shall be subject to the approval of the City Engineer. The property
owner /developer shall construct improvements identified in such studies. The systems
may be constructed incrementally subject to the approval of the City Engineer provided
that said incremental phasing is adequate to provide capacity for the proposed
development phasing and providing that the timing is in accordance with the detailed
phasing plan required by Section 9.3 (Timing, Phasing and Sequence of Public
Improvements and Facilities) of this Development Agreement.
Streets and Sanitation
72. That prior to the approval of the first Final Site Plan for each Development Area, all
existing structures in that Development Area shall be demolished. The property
owner /developer shall obtain a demolition permit from the Building Division of the
Planning Department. Plans submitted for the demolition permit shall include a
demolition recycling plan which has been reviewed and approved by the Public Works
Department, Streets and Sanitation Division. The demolition recycling plan shall indicate
type of material to be demolished, anticipated tonnage diverted and anticipated tonnage
landfilled. Inert demolition material (dirt, concrete, masonry, asphalt, etc.) shall be
disposed of in an inert reclamation site, or diverted by other means rather than landfilled.
73. That prior to the issuance of the first building permit for each Final Site Plan, the property
owner /developer shall provide the Public Works Department, Streets and Sanitation
Division with a final demolition recycling report signed by the property owner /developer
indicating actual tonnage of waste diverted and landfilled.
74. That prior to the approval of each Final Site Plan, an on -site trash truck turn - around area
shall be provided per Engineering Standard Detail No. 476 and maintained to the
satisfaction of the Public Works Department, Streets and Sanitation Division. Said
turn - around area shall be specifically shown plans submitted for building permits.
75. That prior to the issuance of the first building permit for each building, plans shall be
submitted providing a separate Knox box for the trash truck at each applicable gate
entrance. Said information shall be specifically shown on plans submitted for building
permits.
76. That prior to the approval of each Final Site Plan for each podium building, plans shall
indicate that a minimum horizontal clearance of 18 feet or other clearance as determined
acceptable by the Streets and Sanitation Division of the Public Works Department shall
be provided and maintained on the ground floor parking structure to allow access for the
trash bin retrieval vehicle. A "No Parking Between the Hours of 7 A.M. and 5 P.M." sign
shall be posted to allow trash bin retrieval access. Said information shall be specifically
shown on plans submitted for building permits and the building constructed with the
approved clearance and the signs posted prior to the first final building and zoning
inspection for each podium building.
77. That prior to the issuance of the first building permit for each Final Site Plan, the
proposed development shall submit a final written Solid Waste Management Plan signed
by the property owner to the Streets and Sanitation Division of the Public Works
Department for review and approval. The property owner /developer shall then operate it
accordance with the approved written Solid Waste Management Plan, as it may be
modified from time to time subject to written approval by the Director of Public Works.
Said Solid Waste Management Plan shall be referred to in the Maintenance Covenant
which is recorded for the property pursuant to Condition No. 7.
14
78. That prior to the approval of each Final Site Plan, plans shall indicate that trash storage
areas and trash chutes shall be provided and maintained in a location acceptable to the
Public Works Department, Streets and Sanitation Division. Said information shall be
specifically shown on plans submitted for building permits.
79. That prior to approval of each Final Site Plan for residential buildings with podium or
structured parking, plans shall indicate that a separate 8'x 10' enclosed and secured
bulky item storage area, located within 25' of the trash pick -up area, shall be provided
and maintained, as required by the Public Works Department, Streets and Sanitation
Division. Said information shall be specifically shown on plans submitted for building
permits.
Traffic
80. That prior to the approval of the Master Final Tract Map, final backbone Street
Improvement Plans in conjunction with the approved Public Facilities Plan shall be
submitted to the City Traffic and Transportation Manager for review and approval. The
plans shall include, but not be limited to, street revisions as required by the City Traffic
and Transportation Manager, on- street parking spaces shall be posted, "No Overnight
Parking, Except by Permission of the Management ", the location of traffic signal box
locations, location for the OCTA Bus Stop on Katella Avenue and a rolled curb next to a
minimum 2 -foot wide interlocking paver area around the edge of Public Park Site 2,
alignment of the project's intersection of Market Street and Katella Avenue and the
Connector Street and Katella Avenue (BRE project) intersection on the north side of
Katella Avenue. The plan shall indicate all construction staging areas with reserved
space for construction parking and shall also designate truck routes to the satisfaction of
the Traffic and Transportation Manager. The final backbone Street Improvement Plan
shall provide details sufficient to ensure that all street improvements will occur during the
initial street construction. Streets shall be constructed in accordance with Exhibit "H"
Infrastructure Phasing of the Development Agreement and with the detailed phasing plan
required by Section 9.3 (Timing, Phasing and Sequence of Public Improvements and
Facilities) of this Development Agreement.
81. That prior to the approval of the Master Final Tract Map, the property owner /developer
shall post a bond for all traffic related street improvements, including, but not limited to,
traffic signals, directional signage, striping, and median islands as required by Mitigation
Monitoring Program No.138 referenced herein in Condition No. 9. All improvements shall
be completed prior to completion of street improvements for Market Street and prior to
the first final building and zoning inspection for the subject property, whichever occurs
first. The traffic signals at the intersections of Katella Avenue and Market Street and
Gene Autry and Market Street shall be designed prior to Master Final Tract Map
approval on the project site and be installed at the ultimate locations and be operational
prior to the first final building and zoning inspection for the first Final Site Plan. The
property owner /developer shall comply with the timeframes set forth in this condition,
provided that modifications to these timeframes may be approved by the City as set forth
in the detailed phasing plan required by Section 9.3 (Timing, Phasing and Sequence of
Public Improvements and Facilities) of this Development Agreement provided said
modifications do not result in any environmental impacts.
82. That prior to the approval of each Final Site Plan, plans shall show any proposed gates
and shall demonstrate that gates shall not be installed across any driveway or private
street in a manner which may adversely affect vehicular traffic on the adjacent public
street. The location of any proposed gates shall be subject to the review and approval of
the City Traffic and Transportation Manager. The approved gate locations shall be
IR
specifically shown on plans submitted for building permits and all gates shall be installed
prior to the first final building and zoning inspection for the parking lot /parking structure.
83. That prior to approval of each Final Site Plan with security gates and vehicle turn - around
lanes, the location of said gates and lanes and how they will function shall be reviewed
and approved by the City Traffic and Transportation Manager and the Fire Department.
84. That ongoing during business operations, no required parking area shall be fenced or
otherwise enclosed for outdoor storage uses.
85. That prior to City acceptance of the public right -of -way improvements for all internal
streets identified on the Master Site Plan and Katella Avenue, Gene Autry Way and State
College Boulevard, said streets shall be posted with "No Stopping Any Time" signs
except where designated turn -out areas are provided for loading and unloading. Such
signs shall be shown on street improvement plans submitted by the property
owner /developer for the review and approval by the Public Works Department and the
location of such signs shall be reviewed and approved by the City Traffic and
Transportation Manager. The property owner /developer shall be responsible for all costs
associated with the installation of such signs.
86. That prior to the approval of each Final Site Plan, plans shall demonstrate that at -grade
ducts and overhead pipes shall not encroach in the parking space area or required
vehicle clearance area in parking structures. Said information shall be specifically shown
on plans submitted for building permits.
87. That prior to the issuance of the first building permit for the first Final Site Plan, the
property owner /developer shall design and construct the following improvements per the
Project Design Features listed in the Project's Traffic Impact Study, dated August 2005
on file in the Planning Department:
(a) The raised median on Katella Avenue between the project's westerly boundary and
State College Boulevard consistent with The Platinum Triangle Implementation
Plan;
(b) The westbound left -turn pocket at the intersection of Market Street /Katella Avenue
at a minimum of 300 feet in length plus transitions;
(c) The extension of the existing raised median on Gene Autry Way easterly to Market
Street;
(d) An eastbound left -turn pocket at the intersection of Market Street/Gene Autry Way
at a minimum of 150 feet plus transition;
(e) A dedicated eastbound right -turn lane at the intersection of Market Street /Katella
Avenue;
(f) A dedicated eastbound right -turn lane at the easternmost driveway along Katella
Avenue;
(g) New traffic signals at the Market Street intersections with Katella Avenue and Gene
Autry Way; and,
(h) Improvements at the intersections of State College Boulevard at Katella Avenue
and Orangewood Avenue at State College Boulevard.
f[:
Modifications to the timeframe to complete the above -noted improvements may be
approved by the City as set forth in the detailed phasing plan required by Section 9.3
(Timing, Phasing and Sequence of Public Improvements and Facilities) of this
Development Agreement provided said modifications do not result in any environmental
impacts. Bonds for these improvements shall be posted in accordance with timing set
forth in said detailed phasing plan.
WATER
88. That prior to the approval of each Master Final Tract Map or issuance of a grading permit,
whichever occurs first, the property owner /developer shall submit water improvement
plans to the Water Engineering Division of the Public Utilities Department for review and
approval and a performance bond in the amount approved by the City Engineer and form
approved by the City Attorney's office shall be posted with the City of Anaheim.
89. That prior to issuance of the first building permit associated with the project, the property
owner /developer shall submit water improvement plans for the entire project to the Public
Utilities Department, Water Engineering Division, for review and approval. The plan shall
identify the location of large meters with easements, fire lines, and backflow devices for
each parcel. Provisions for the maintenance of all associated water line improvements
shall be included in the Master CC & R's for the project.
90. That prior to the issuance of the first building permit for each building or prior to
application for water meters, fire lines or submitting the water improvement plans for
approval, whichever occurs first, the property owner /developer shall submit to the Water
Engineering Division of the Public Utilities Department, 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 be done in accordance with Rule No. 15A.6 of the Water Utility
Rates, Rules, and Regulations.
91. That prior to the approval of the first Final Site Plan, the property owner /developer shall
submit engineering studies to size the water mains for ultimate development of the
Master Site Plan to the Water Engineering Division of the Public Utilities Department for
the review and approval of the General Manager, Public Utilities Department. The water
system may be constructed incrementally, provided that said incremental phasing is
adequate to provide municipal demands and fire flow protection for the proposed
development phasing. The property owner /developer will conform with Rule 15A of the
Water Utility's Rates, Rules and Regulations for all parcels which have not yet paid the
fee to provide the secondary distribution system to serve their project. The property
owner /developer will conform with Rule 15D of the Water Utility's Rates, Rules and
Regulations which provides for a fee. In lieu of the fee as herein described, the property
owner /developer for water service shall be permitted, if qualified in the judgment of the
General Manager, to design and construct the facilities, or arrange for their installation
pursuant to Competitive Bidding Procedures. The cost, including the cost of design
review, inspection and supervision by the Utility, shall be paid directly by the property
owner /developer. The property owner /developer shall provide the General Manager with
a statement of actual construction cost in detail satisfactory to the General Manager. The
amount to be treated as an Advance subject to refund shall be the lesser of (1) the actual
cost, or (2) the price quoted in the General Manager's detailed cost estimate. The
installation shall be in accordance with the plans and specification approved by the
General Manager. Each Advance in excess of the GFA Fees shall be refunded from
subsequent property owner /developer's GFA Fees, in accordance with a written
reimbursement agreement between the Utility and the property owner /developer. Such
Reimbursement agreements shall have a maximum term of 10 years. The total amount
17
of any refund to a property owner /developer shall not exceed the amount of their
Advance. Refunds shall be subject to any existing Revenue Bond Covenants, and shall
be subordinate to any present or future bond and note payments.
92. That prior to the approval of the Master Final Tract Map, associated with the project, the
property owner /developer shall post a bond to the City for the installation of all water
supply improvements, including all off site improvements and fire hydrants and the
abandonment /removal of any existing water lines. All improvements shall be completed
prior the first final building and zoning inspection of the project.
93. That ongoing during business operations, the property owner /developer shall be
responsible for restoring any special surface improvements other than the concrete or
asphalt paving within the right -of -way, including but not limited to colored concrete,
bricks, pavers or landscaping that becomes damaged during any excavation, repair or
replacement of water facilities within easements. Provisions for maintenance of all said
special surface improvements, shall be included in the recorded Master C C & R's for the
project pursuant to Condition No. 7.
94. That prior to the issuance of the first building permit for each Final Site Plan, all existing
water services and fire lines shall conform to current Water Utility Standards. Any
existing water services and /or fire lines that are not approved by the Utility for continued
use shall be upgraded to current standards, or abandoned by the property
owner /developer.
95. That prior to the issuance of the first building permit for each building, water facilities shall
be protected from runoff from adjacent properties. Said information shall be specifically
shown on plans submitted for building permits.
96. That prior to approval of each Final Site Plan, the property owner /developer shall submit
plans demonstrating that all backflow equipment shall be located above ground outside of
the street setback area in a manner fully screened from all public streets and alleys in
locations approved by the Water Engineering Division of the Public Utilities Department.
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 above ground and outside of the street setback area in
a manner fully screened from all public streets and alleys. Said information shall be
specifically shown on plans submitted for approval by the Water Engineering Division of
the Public Utilities Department.
97. That prior to issuance of the first building permit for each building, the property
owner /developer shall irrevocably offer to dedicate to the City of Anaheim an easement
twenty (20) feet in width for water service mains and /or an easement for above - ground
large meters and other public water facilities to the satisfaction of the Water Engineering
Division of the Public Utilities Department. Backflow devices and large meters shall be
located above ground and properly screened. Such information shall be specifically
shown on plans submitted for building permits.
98. That prior to the approval of each Final Site Plan, the property owner /developer shall
identify an easement for a domestic above - ground water meter in addition to providing a
5 -foot wide clearance around the water meter pad and a 20 -foot wide access easement
along the water line /or water lateral from the street to the water meter pad for
maintenance. Said easements shall be irrevocably offered for dedication to the City of
Anaheim prior to the issuance of the first building permit for the Final Site Plan.
99. That prior to the issuance of the first building permit for each building, all requests for new
water services or fire lines, as well as any modifications, relocations, or abandonment of
1E:?
existing water services and fire lines, shall be coordinated through the Water Engineering
Division of the Public Utilities Department.
100. That prior to the approval of each Final Site Plan, (because this project has a landscaping
area exceeding 2,500 square feet), a separate irrigation meter shall be indicated on the
plan in compliance with City Ordinance No. 5349 and Chapter 10.19 of the Anaheim
Municipal Code. Said information shall be specifically shown on plans submitted for
building permits and the property owner /developer shall install the required meter prior to
the first final building and zoning inspection.
101. That prior to the issuance of the first building permit for each building, a private water
system with separate water service for fire protection and domestic water shall be
provided. Said information shall be shown on plans submitted for building permits.
102. That prior to the issuance of the first building permit for each Final Site Plan, a minimum
clearance of ten (10) feet shall be provided between the water and sewer line and that
the water line shall be a minimum of 5 feet from the curb line. Said information shall be
specifically shown on plans submitted for review and approval by the Public Utilities
Water Engineering Division.
103. That modifications to the configuration and size of development area boundaries, not to
exceed fifteen (15) percent of the size of the development area, may be approved by the
Planning Director provided the overall density in the district does not increase, the street
system and alignment shown on the Master Site Plan is not modified and that the
modification must occur within the same district. The property owner /developer shall
submit a letter to the Planning Director requesting the boundary and acreage adjustment
along with a revised Exhibit B -5, Master Site Plan /Development Areas, of the
Development Agreement. Following approval of a boundary and acreage adjustment, all
subsequent subdivision plans shall be in accordance with the revised Development Area
boundaries.
h: \reports \cases \general plan amendment \gpa2005 - 00434 \final da \final da exhibits \exhibit b -5
da redline conditions 102105.doc
IK
Item No. 2
M
DEVELOPMENT
AREA 0
I�
I �
DEVELOPMENT AREA J
1a a
L — —
J
280
I I it
DEVELOPMENT
AREA A
To
COMMERCIAL SETBACK -
I
RESIDENTIAL SETBACK
COMMERCIAL USE ENCI
DEVELOPMENT
AREA B
DEVELOPMENT
AREA C
L�SITE 2 / SITE 1 /
/ /�
/
DEVELOPMENT AREA K
DEVELOPMENT
AREA F
i
\ I DEVELOPMENT
7 AREA D
PA K 2
DEVELOPMENT PEVELOPME N ELOPME DEVELOPMENT
AREA L AREA H 131 ty AREA 1 i AREA G
RESIDENTIAL SETBACK
_ COI:IPdERCIAL USE ENCROACHMENT
CAL KING R.O.:v. -
'Ll9' 121 1oa
198'
LEGAL DESCRIPTION: Site 1:
Telbol (III Best 'i.'eslernl- Aseader Parcel No. 0831.31 -34 838
17,Ac and Chrla Lane - Anatol Parent No. 083260- 37,53,54, 5542 & 72
Site 2:
Caterpillar- Assessor Parcel No. 08318
Modal - Assessor Parcel No. 083 42, 45.51 & 87
PRESENTZONING NIEL PTPm ZOne
Site 2 -I- INDUSTRIAL
ZONING ACTION REQUESTED: SC, 2- General Nan Amendment to redes'Vipate as adlxed -Use.
Zoning rodasslflradon to FLUOR a Rod, zone.
2 1 DEVELOPMENT
AREA N
PROJECT souluDARr
DRVE':.'A` /ACCESS
DEVELOPMENT UV DEVELOPMENT
AREA E / \ AREA M
/ 1 \
PUBLIC
�K A LLA DISTRICT PARK 1
nA DISTRICT
LCNN PLATID - L16I TRIANT.LC, LLC
All.a ITTfio.A A 9'616
C I sY 1111 1 1 GIIFII
PL -[llAYI ]AUN2Y0
IBI
GROUP
sett, llel G1, e- eaA ..e.
11 Y2 11
es e,n
Y, ( 11113 11 11, , 19117- -5511
17�
� KAT
I � - AtlA}Y IILIL ICT 0
i ��— Z u
POTENTIAL FUTURE ROAD (q
DEVELOPMENT SUMMARY TABLE - BY DISTRICT
LEGEND:
DRIVEDAr ACCESS TO
DEVELOPMENT AREA
ON- STREET PARKING
Commerical
Floor Space Target Dwelling
City District Size (Net Acres) (SF) Units FAR
Katella 33.6 95,700 2,190 2.27
Gene Autry 7.0 54,300 491 2.38
Total 40.6 150,()001 2,681 2.29
NOTE: Katella District includes Devlo ment Areas J, K, L O
J
ON STREET PARKING
SIDE'PALK
k
PROJECT
NORTH
0 30 60 120
Commerical Target
Development Floor Space Target Dwelling Residential Maximum Height
Area Size (Net Acres) (SF) Units Density (DPA) (Feet)
A 2.6 14,400 147 57 100
B 2.4 23,700 555 249 400
C 2.1 40,000 110 53 100
D 2.2 27,500 185 64 300
E 2.6 14,600 419 163 300
F 2.2 19,000 278 127 300
-- G 1.5 10,800 104 72 100
H 0.8 0 12 15 100
1 0.7 0 12 16 100
J 2.8 0 144 52 100
K 1.6 0 31 19 100
L 1.5 0 131 86 100
M 2.4 0 215 91 350
N 1.4 0 192 141 3 n 000
Q � 0 105 31 Qv
Net Density 29.6 150,000 2,681 91 400
Public Park 1 3.0
Public Park 2 0.5
Public Streets 1 7.6
Total 1 40.6 150,000 2,681 66 400
NOTE: Net acreage does not include street dedication area
2 1111ST k2 i➢es sa OEIEIm ON3rREEf FNWUG
1 "L' as area sa uv15E9 GwJfWnr ugnTbw
1 1.1 1 11 1111.
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ells II „ktl
1404 E. KATELLA AVENUE
ANAHEIM, CALIFORNIA
(LENNAR)
MASTER SITE PLAN
In-
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On 11
200s0n- 29sVrelsSb1,CksPlan AU.
vo-leeT
VICINITY MAP
RESIDENTIAL SETBACK -
RESIDENTIAL SETBACK
COMMERCIAL USE ENCI
DEVELOPMENT
AREA B
DEVELOPMENT
AREA C
L�SITE 2 / SITE 1 /
/ /�
/
DEVELOPMENT AREA K
DEVELOPMENT
AREA F
i
\ I DEVELOPMENT
7 AREA D
PA K 2
DEVELOPMENT PEVELOPME N ELOPME DEVELOPMENT
AREA L AREA H 131 ty AREA 1 i AREA G
RESIDENTIAL SETBACK
_ COI:IPdERCIAL USE ENCROACHMENT
CAL KING R.O.:v. -
'Ll9' 121 1oa
198'
LEGAL DESCRIPTION: Site 1:
Telbol (III Best 'i.'eslernl- Aseader Parcel No. 0831.31 -34 838
17,Ac and Chrla Lane - Anatol Parent No. 083260- 37,53,54, 5542 & 72
Site 2:
Caterpillar- Assessor Parcel No. 08318
Modal - Assessor Parcel No. 083 42, 45.51 & 87
PRESENTZONING NIEL PTPm ZOne
Site 2 -I- INDUSTRIAL
ZONING ACTION REQUESTED: SC, 2- General Nan Amendment to redes'Vipate as adlxed -Use.
Zoning rodasslflradon to FLUOR a Rod, zone.
2 1 DEVELOPMENT
AREA N
PROJECT souluDARr
DRVE':.'A` /ACCESS
DEVELOPMENT UV DEVELOPMENT
AREA E / \ AREA M
/ 1 \
PUBLIC
�K A LLA DISTRICT PARK 1
nA DISTRICT
LCNN PLATID - L16I TRIANT.LC, LLC
All.a ITTfio.A A 9'616
C I sY 1111 1 1 GIIFII
PL -[llAYI ]AUN2Y0
IBI
GROUP
sett, llel G1, e- eaA ..e.
11 Y2 11
es e,n
Y, ( 11113 11 11, , 19117- -5511
17�
� KAT
I � - AtlA}Y IILIL ICT 0
i ��— Z u
POTENTIAL FUTURE ROAD (q
DEVELOPMENT SUMMARY TABLE - BY DISTRICT
LEGEND:
DRIVEDAr ACCESS TO
DEVELOPMENT AREA
ON- STREET PARKING
Commerical
Floor Space Target Dwelling
City District Size (Net Acres) (SF) Units FAR
Katella 33.6 95,700 2,190 2.27
Gene Autry 7.0 54,300 491 2.38
Total 40.6 150,()001 2,681 2.29
NOTE: Katella District includes Devlo ment Areas J, K, L O
J
ON STREET PARKING
SIDE'PALK
k
PROJECT
NORTH
0 30 60 120
Commerical Target
Development Floor Space Target Dwelling Residential Maximum Height
Area Size (Net Acres) (SF) Units Density (DPA) (Feet)
A 2.6 14,400 147 57 100
B 2.4 23,700 555 249 400
C 2.1 40,000 110 53 100
D 2.2 27,500 185 64 300
E 2.6 14,600 419 163 300
F 2.2 19,000 278 127 300
-- G 1.5 10,800 104 72 100
H 0.8 0 12 15 100
1 0.7 0 12 16 100
J 2.8 0 144 52 100
K 1.6 0 31 19 100
L 1.5 0 131 86 100
M 2.4 0 215 91 350
N 1.4 0 192 141 3 n 000
Q � 0 105 31 Qv
Net Density 29.6 150,000 2,681 91 400
Public Park 1 3.0
Public Park 2 0.5
Public Streets 1 7.6
Total 1 40.6 150,000 2,681 66 400
NOTE: Net acreage does not include street dedication area
2 1111ST k2 i➢es sa OEIEIm ON3rREEf FNWUG
1 "L' as area sa uv15E9 GwJfWnr ugnTbw
1 1.1 1 11 1111.
lean -.
ells II „ktl
1404 E. KATELLA AVENUE
ANAHEIM, CALIFORNIA
(LENNAR)
MASTER SITE PLAN
In-
1`- f0' -G• AUGUSretww
On 11
200s0n- 29sVrelsSb1,CksPlan AU.
vo-leeT
VICINITY MAP
LEGAL DESCRIPTION: Site 1:
Telbol (III Best 'i.'eslernl- Aseader Parcel No. 0831.31 -34 838
17,Ac and Chrla Lane - Anatol Parent No. 083260- 37,53,54, 5542 & 72
Site 2:
Caterpillar- Assessor Parcel No. 08318
Modal - Assessor Parcel No. 083 42, 45.51 & 87
PRESENTZONING NIEL PTPm ZOne
Site 2 -I- INDUSTRIAL
ZONING ACTION REQUESTED: SC, 2- General Nan Amendment to redes'Vipate as adlxed -Use.
Zoning rodasslflradon to FLUOR a Rod, zone.
2 1 DEVELOPMENT
AREA N
PROJECT souluDARr
DRVE':.'A` /ACCESS
DEVELOPMENT UV DEVELOPMENT
AREA E / \ AREA M
/ 1 \
PUBLIC
�K A LLA DISTRICT PARK 1
nA DISTRICT
LCNN PLATID - L16I TRIANT.LC, LLC
All.a ITTfio.A A 9'616
C I sY 1111 1 1 GIIFII
PL -[llAYI ]AUN2Y0
IBI
GROUP
sett, llel G1, e- eaA ..e.
11 Y2 11
es e,n
Y, ( 11113 11 11, , 19117- -5511
17�
� KAT
I � - AtlA}Y IILIL ICT 0
i ��— Z u
POTENTIAL FUTURE ROAD (q
DEVELOPMENT SUMMARY TABLE - BY DISTRICT
LEGEND:
DRIVEDAr ACCESS TO
DEVELOPMENT AREA
ON- STREET PARKING
Commerical
Floor Space Target Dwelling
City District Size (Net Acres) (SF) Units FAR
Katella 33.6 95,700 2,190 2.27
Gene Autry 7.0 54,300 491 2.38
Total 40.6 150,()001 2,681 2.29
NOTE: Katella District includes Devlo ment Areas J, K, L O
J
ON STREET PARKING
SIDE'PALK
k
PROJECT
NORTH
0 30 60 120
Commerical Target
Development Floor Space Target Dwelling Residential Maximum Height
Area Size (Net Acres) (SF) Units Density (DPA) (Feet)
A 2.6 14,400 147 57 100
B 2.4 23,700 555 249 400
C 2.1 40,000 110 53 100
D 2.2 27,500 185 64 300
E 2.6 14,600 419 163 300
F 2.2 19,000 278 127 300
-- G 1.5 10,800 104 72 100
H 0.8 0 12 15 100
1 0.7 0 12 16 100
J 2.8 0 144 52 100
K 1.6 0 31 19 100
L 1.5 0 131 86 100
M 2.4 0 215 91 350
N 1.4 0 192 141 3 n 000
Q � 0 105 31 Qv
Net Density 29.6 150,000 2,681 91 400
Public Park 1 3.0
Public Park 2 0.5
Public Streets 1 7.6
Total 1 40.6 150,000 2,681 66 400
NOTE: Net acreage does not include street dedication area
2 1111ST k2 i➢es sa OEIEIm ON3rREEf FNWUG
1 "L' as area sa uv15E9 GwJfWnr ugnTbw
1 1.1 1 11 1111.
lean -.
ells II „ktl
1404 E. KATELLA AVENUE
ANAHEIM, CALIFORNIA
(LENNAR)
MASTER SITE PLAN
In-
1`- f0' -G• AUGUSretww
On 11
200s0n- 29sVrelsSb1,CksPlan AU.
vo-leeT
VICINITY MAP
2 1 DEVELOPMENT
AREA N
PROJECT souluDARr
DRVE':.'A` /ACCESS
DEVELOPMENT UV DEVELOPMENT
AREA E / \ AREA M
/ 1 \
PUBLIC
�K A LLA DISTRICT PARK 1
nA DISTRICT
LCNN PLATID - L16I TRIANT.LC, LLC
All.a ITTfio.A A 9'616
C I sY 1111 1 1 GIIFII
PL -[llAYI ]AUN2Y0
IBI
GROUP
sett, llel G1, e- eaA ..e.
11 Y2 11
es e,n
Y, ( 11113 11 11, , 19117- -5511
17�
� KAT
I � - AtlA}Y IILIL ICT 0
i ��— Z u
POTENTIAL FUTURE ROAD (q
DEVELOPMENT SUMMARY TABLE - BY DISTRICT
LEGEND:
DRIVEDAr ACCESS TO
DEVELOPMENT AREA
ON- STREET PARKING
Commerical
Floor Space Target Dwelling
City District Size (Net Acres) (SF) Units FAR
Katella 33.6 95,700 2,190 2.27
Gene Autry 7.0 54,300 491 2.38
Total 40.6 150,()001 2,681 2.29
NOTE: Katella District includes Devlo ment Areas J, K, L O
J
ON STREET PARKING
SIDE'PALK
k
PROJECT
NORTH
0 30 60 120
Commerical Target
Development Floor Space Target Dwelling Residential Maximum Height
Area Size (Net Acres) (SF) Units Density (DPA) (Feet)
A 2.6 14,400 147 57 100
B 2.4 23,700 555 249 400
C 2.1 40,000 110 53 100
D 2.2 27,500 185 64 300
E 2.6 14,600 419 163 300
F 2.2 19,000 278 127 300
-- G 1.5 10,800 104 72 100
H 0.8 0 12 15 100
1 0.7 0 12 16 100
J 2.8 0 144 52 100
K 1.6 0 31 19 100
L 1.5 0 131 86 100
M 2.4 0 215 91 350
N 1.4 0 192 141 3 n 000
Q � 0 105 31 Qv
Net Density 29.6 150,000 2,681 91 400
Public Park 1 3.0
Public Park 2 0.5
Public Streets 1 7.6
Total 1 40.6 150,000 2,681 66 400
NOTE: Net acreage does not include street dedication area
2 1111ST k2 i➢es sa OEIEIm ON3rREEf FNWUG
1 "L' as area sa uv15E9 GwJfWnr ugnTbw
1 1.1 1 11 1111.
lean -.
ells II „ktl
1404 E. KATELLA AVENUE
ANAHEIM, CALIFORNIA
(LENNAR)
MASTER SITE PLAN
In-
1`- f0' -G• AUGUSretww
On 11
200s0n- 29sVrelsSb1,CksPlan AU.
vo-leeT
VICINITY MAP
NOTE: Katella District includes Devlo ment Areas J, K, L O
J
ON STREET PARKING
SIDE'PALK
k
PROJECT
NORTH
0 30 60 120
Commerical Target
Development Floor Space Target Dwelling Residential Maximum Height
Area Size (Net Acres) (SF) Units Density (DPA) (Feet)
A 2.6 14,400 147 57 100
B 2.4 23,700 555 249 400
C 2.1 40,000 110 53 100
D 2.2 27,500 185 64 300
E 2.6 14,600 419 163 300
F 2.2 19,000 278 127 300
-- G 1.5 10,800 104 72 100
H 0.8 0 12 15 100
1 0.7 0 12 16 100
J 2.8 0 144 52 100
K 1.6 0 31 19 100
L 1.5 0 131 86 100
M 2.4 0 215 91 350
N 1.4 0 192 141 3 n 000
Q � 0 105 31 Qv
Net Density 29.6 150,000 2,681 91 400
Public Park 1 3.0
Public Park 2 0.5
Public Streets 1 7.6
Total 1 40.6 150,000 2,681 66 400
NOTE: Net acreage does not include street dedication area
2 1111ST k2 i➢es sa OEIEIm ON3rREEf FNWUG
1 "L' as area sa uv15E9 GwJfWnr ugnTbw
1 1.1 1 11 1111.
lean -.
ells II „ktl
1404 E. KATELLA AVENUE
ANAHEIM, CALIFORNIA
(LENNAR)
MASTER SITE PLAN
In-
1`- f0' -G• AUGUSretww
On 11
200s0n- 29sVrelsSb1,CksPlan AU.
vo-leeT
VICINITY MAP
2 1111ST k2 i➢es sa OEIEIm ON3rREEf FNWUG
1 "L' as area sa uv15E9 GwJfWnr ugnTbw
1 1.1 1 11 1111.
lean -.
ells II „ktl
1404 E. KATELLA AVENUE
ANAHEIM, CALIFORNIA
(LENNAR)
MASTER SITE PLAN
In-
1`- f0' -G• AUGUSretww
On 11
200s0n- 29sVrelsSb1,CksPlan AU.
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VICINITY MAP
VICINITY MAP
ITEM NO. 1 -A
SP g4.14 SP 6.14
F \RM
6 62,638 66
R SP 6 4 6 269 \ -1 PO BLD O SMPLL \ND Qp2
G\- to M \ND 2
1 Res W P, D 3
SP g ytlE\ -\' j RG o y1 -6
6 1.62' DP1 O svo
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GORP DpP
GO R SP 94 -1
DA 3
'[t \� SP gj 14 T -RCL 2005 -05027
T 2003 / \ R�G\,6p3_pq'(11 T- CUP2002- 045711 SP - 62-6A
N GUP 26 36 T -CUP 2001 -04413 R - Dp 3
N 0? T -CUP 2001 -04326
S P 94--A 4 O p3 RCL 66 -67 -14
SP g4691461 RO\'6621 -9 4,61 216 RCL 61 -62-61
CUP
0- A4 16 TE RRGI P 348 CUP 1
\46 pll S�pOPE
0 3P 1614 7 (T -CUP 2004- 04890)
SER EN�aP1 G SM�RG \P\-
RESTAURANT
� RESTAURANT
GO SDOPS
O
g %A G SP 94 62'6 9
g4.1 RS O6� to MO) SP 9467A4 mG CP61- 62'6ML ?- 6 \on to GPIP
lk 6a.59- G166 110 7 R o {\onto l Res RP \pN
��OFF ?,GA - SMS R_ R 1 1� lReoF \R�Pg - PNP HE \MP
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\NOF \RMS CRSSGO
SP A-6
OA DP 94-
l`5 y9 -A'o 'V R S? 661- e1 C,0 o1
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SO DA (� SP 9 62.69 ?,G\- P 361'( 01
Ro , to 11 0� C\3? ST
es RG�59 DOOR SMP FOP1
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' l9 SMPRRCa 5QP \P 6 F \RMS S P � N 6 R US'GR\P \-
36
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2M SP g
61 62 , \
ALL PROPERTIES ARE WITHIN REDEVELOPMENT PROJECT ALPHA (NORTHEAST AREA)
Conditional Use Permit 2090 Subject Property
TRACKING NO. CUP2005 -05027 Date: October 31, 2005
Scale: 1"=200'
Requested By: PAUL NIKOLAU Q.S. No. 140
REQUESTS REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A CONDITION
OF APPROVAL PERTAINING TO A TIME LIMITATION (APPROVED ON SEPTEMBER 20, 2004 TO EXPIRE
AUGUST 27, 2005) TO RETAIN PUBLIC ENTERTAINMENT IN CONJUNCTION WITH A PREVIOUSLY
APPROVED RESTAURANT WITH SALES OF ALCOHOLIC BEVERAGES FOR ON- PREMISES
CONSUMPTION.
1160 North Kraemer Boulevard - Xalos Restaurant 2005
I;
J
Date of Aerial Photo: May 2002
Conditional Use Permit 2090
TRACKING NO. CUP2005 -05027
Subject Property
Date: October 31, 2005
Scale: 1" = 200'
Requested By: PAUL NIKOLAU
Q.S. No. 140
REQUESTS REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A CONDITION
OF APPROVAL PERTAINING TO A TIME LIMITATION (APPROVED ON SEPTEMBER 20, 2004 TO EXPIRE
AUGUST 27, 2005) TO RETAIN PUBLIC ENTERTAINMENT IN CONJUNCTION WITH A PREVIOUSLY
APPROVED RESTAURANT WITH SALES OF ALCOHOLIC BEVERAGES FOR ON- PREMISES
CONSUMPTION.
1160 North Kraemer Boulevard - Xalos Restaurant 2005
Staff Report to the
Planning Commission
October 31, 2005
Item No. 3
3a.
3b.
(Motion)
(Resolution)
SITE LOCATION AND DESCRIPTION:
(1) This rectangularly- shaped, 0.9 -acre property has a frontage of 175 feet on the east side of
Kraemer Boulevard, has a maximum depth of 216 feet, and is located 242 feet south of the
centerline of Coronado Street (1160 North Kraemer Boulevard —Xalos Restaurant).
REQUEST:
(2) The petitioner requests reinstatement of this permit by the modification or deletion of a condition
of approval pertaining to a time limitation (approved on September 20, 2004 to expire August 27,
2005) to retain public entertainment in conjunction with a previously- approved restaurant with
sales of alcoholic beverages for on- premises consumption under authority of Code Sections
18.60.180 and 18.60.190.
BACKGROUND:
(3) This item was continued by the Commission from the October 3, 2005, meeting in orderfor
the applicant to meet with a neighboring property owner to address concerns related to
overflow parking and late night nuisances cause by patrons of the restaurant.
(4) The property is developed with a restaurant with public entertainment and is zoned SP94 -1 (DA 3)
(Northeast Area Specific Plan, La Palma Core Area). This property is located within the Merged
Anaheim Redevelopment Area. The General Plan Land Use Element Map designates this
property and surrounding properties for Industrial land uses.
(5) Conditional Use Permit No. 2090 (to permit a public dance hall in conjunction with a restaurant
was approved by the Commission in 1980, for one (1) year. Subsequent amendments to
conditions of approval pertaining to time limitations /reinstatements have been granted with the
latest expiring on August 27, 2005.
DISCUSSION:
(6) The Commission granted a one (1) year reinstatement of Conditional Use Permit No. 2090 on
September 20, 2004. Resolution No. PC2004 -109 (copy attached) included the following
conditions of approval pertaining to time limitation for the accessory public entertainment
"l - That the accessory public entertainment shall expire on August 27, 2005" .
(7) Juan Reynoso, the restaurant owner, requests a 3 -year reinstatement (to match the lease
agreement) or deletion of time limitation to continue operating the accessory public entertainment
in conjunction with the restaurant with sales of alcoholic beverages for on- premises consumption.
He has submitted the attached Justification of Reinstatement (copy attached), indicating that
since the most recent reinstatement, the surrounding land uses have not changed, the restaurant
has been operating with accessory entertainment for over twenty years, and that all conditions
have been complied with.
cup2090 (cup2005- 05027)_sr_pc103105.doc
Page 1
Staff Report to the
Planning Commission
October 31, 2005
Item No. 3
(8) Community Preservation Division staff has submitted the attached memorandum dated
September 16, 2005, which states that the business is in compliance with the conditions of
approval. Records also indicate no citizen complaints have been received regarding the
operation of this business for the past year.
View of interior of restaurant
(9) Staff has received a financial statement from the petitioner's certified public accountant to
demonstrate compliance with Condition No. 18 of Resolution No. PC2004 -109, which states that
the sales of alcoholic beverages shall not exceed 40 percent of the gross sales of all retail sales
during any three -month period. This information indicates that the business complies with this
condition, as sales of alcohol were 39 percent of the total revenue generated by this business.
(10) The Anaheim Police Department submitted the attached memorandum dated September 15,
2005. The memorandum indicates that this location is within Reporting District No. 1432, which
has a crime rate of 76 percent above average. From September 1, 2004 through September 12,
2005 this location had 57 calls for service. The calls consist of:
3 fights
10 battery
10 disturbance
6 problem solving
2 bar -check
1 suspicious circumstances
10 burglary alarm
2 AMC violations
2 car stops
3 fire department
1 ABC check
Page 2
Staff Report to the
Planning Commission
October 31, 2005
Item No. 3
2 recover lost or stolen property
1 lost property
2 stolen vehicles
1 vandalism, traffic accident w /medical aid
1 crime scene investigator call out
Of the 57 calls for service there were 24 reports taken. The Police Department has also indicated
that the utilization of police services has decreased substantially. In the past, there were also
many citizen complaints (that may not have generated a call for service) for this business. There
have been no complaints this past year and the Police Department is supportive of the applicant's
request to reinstate this permit for three (3) years.
(11) Staff recommends approval of approval of this reinstatement for three (3) years since the public
entertainment portion of this request has not resulted in any serious crimes this past year and the
business is operating in compliance with the conditions of approval. Additionally, the property is
being well maintained and the business is operating in a manner not detrimental to the particular
area or to health and safety of the citizens of the City of Anaheim. Staff believes that this is an
appropriate location for nightclub -type activities since there are no residences in the immediate
area.
(12) Staff met with the applicant and the neighboring property owner on October 24, 2005, to
discuss the concerns raised at the October 3, 2005 meeting. The opponent of this request
indicated that patrons of the restaurant were parking and littering on his property. Staff is
recommending a condition of approval requiring additional security to monitor the
neighboring property and signage (including barriers to block the parking lot) to deter
patrons of the restaurant from parking off -site. The applicant and neighboring property
owner have agreed to these conditions and have expressed a willingness to work together
to resolve any other concerns in the future.
ENVIRONMENTAL IMPACT ANALYSIS:
(13) Staff has reviewed the request for reinstatement and finds no significant adverse environmental
impacts. Therefore, staff recommends that the previously- approved Negative Declaration in
connection with Conditional Use Permit No. 2090 serve as the required environmental
documentation for this request upon a finding by the Commission that the Negative Declaration
reflects the independent judgment of the lead agency and that it has considered the previously -
approved Negative Declaration together with any comments received during the public review
process and further finding on the basis of the initial study (a copy of which is available for review
in the Planning Department) and any comments received that there is no substantial evidence
that the project will have a significant effect on the environment.
FINDINGS:
(14) Before the Commission grants any conditional use permit or a major amendment to an existing
conditional use permit, it must make a finding of fact that the evidence presented shows that all of
the following conditions exist:
(a) That the proposed use is properly one for which a conditional use permit is
authorized by this code, or is an unlisted use as defined in subsection .030 (Unlisted Uses
Permitted) of Section 18.66.040 (Approval Authority);
(b) That the proposed use will not adversely affect the adjoining land uses or the
growth and development of the area in which it is proposed to be located;
(c) That the size and shape of the site proposed for the use is adequate to allow
Page 3
Staff Report to the
Planning Commission
October 31, 2005
Item No. 3
the full development of the proposed use in a manner not detrimental to the particular
area or to health and safety;
(d) That the traffic generated by the proposed use will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the
area: and
(e) That the granting of the conditional use permit under the conditions imposed,
if any, will not be detrimental to the health and safety of the citizens of the City of
Anaheim.
(15) Section 18.60.180.030 of the Anaheim Municipal Code provides that before the Commission
grants reinstatement of the approval by extension, modification or deletion the applicant must
present evidence to establish the following findings:
(a) That the facts necessary to support each and every finding for the original approval of the
entitlement as set forth in this chapter exist;
(b) The permit is being exercised substantially in the same manner and in conformance with all
conditions and stipulations originally approved;
(c) The permit is being exercised in a manner not detrimental to the particular area and
surrounding land uses, nor to the public peace, health, safety and general welfare; and
(d) With regard only to any deletion of a time limitation, such deletion is appropriate because it
has been demonstrated that the use has operated in a manner that is appropriate in the
underlying zone and the surrounding area and that the periodic review of the use is no longer
necessary and /or it can be determined that, due to changed circumstances, the use is
consistent with the City's long -term plans for the area-
RECOMMENDATION
(16) Staff recommends that, unless additional or contrary information is received during the hearing,
and based upon the evidence submitted to the Commission, including the evidence presented in
this staff report, and oral and written evidence presented at the public hearing, the Commission
approve the applicant's request by taking the following actions:
(a) By motion, determine that the previously- approved Negative Declaration is adequate to
serve as the required environmental documentation for this request.
(b) By resolution, approve the reinstatement of Conditional Use Permit No. 2090 to retain public
entertainment in conjunction with a previously- approved restaurant with sales of alcoholic
beverages for on- premises consumption for a period of three (3) years to expire August 27,
2008, adopting the attached resolution including the findings and conditions contained
therein.
Page 4
[DRAFT]
RESOLUTION NO. PC2005 - * **
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2090, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2004 -109,
ADOPTED THEREWITH
WHEREAS, on September 20, 2004, the Anaheim Planning Commission, by Resolution
No. PC2004 -109 approved Conditional Use Permit No. 2090 to retain public entertainment in conjunction with a
previously approved restaurant with sales of alcoholic beverages for on- premises consumption at 1160 North
Kraemer Boulevard (Xalos Restaurant); and
WHEREAS, said Resolution No. PC2004 -109 includes the following condition of approval:
"1. That the accessory public entertainment shall expire on August 27, 2005"
WHEREAS, this property is currently developed with a restaurant with public entertainment, the
underlying zoning is SP94 -1 (DA 3) (Northeast Area Specific Plan, La Palma Core Area); the Anaheim General
Plan designates this property for Industrial land uses; and this property is located within the Merged Anaheim
Redevelopment Area; and
PORTION OF LOT 15, BLOCK K, KRAEMER TRACT, CITY OF FULLERTON, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 12 PAGES
87 AND 88 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WESTERLY LINE OF LOT 15,
WHICH IS DISTANT NORTHERLY 242.10 FEET FROM THE NORTHWESTERLY CORNER OF
THE SOUTHERLY HALF OF THE SOUTHERLY HALF OF SAID LOT 15; THENCE EASTERLY
ALONG LINE PARALLEL WITH AND DISTANT NORTHERLY 242.10 FEET MEASURED AT
RIGHT ANGLES FROM THE NORTHERLY LINE OF SAID SOUTHERLY HALF OF THE
SOUTHERLY HALF, A DISTANCE OF 269.00 FEET; THENCE NORTHERLY AND PARALLEL
WITH WESTERLY LINE OF SAID LOT 15, A DISTANCE OF 175.00 FEET; SOUTHERLY HALF
OF THE SOUTHERLY HALF, A DISTANCE OF 269.00 FEET TO THE WESTERLY LINE OF
SAID LOT 15; THENCE SOUTHERLY ALONG SAID WESTERLY LINE A DISTANCE OF
175.00 FEET TO THE POINT OF BEGINNING.
WHEREAS, the petitioner has requested reinstatement of this conditional use permit to retain
public entertainment in conjunction with a previously- approved restaurant with sales of alcoholic beverages for
on- premises consumption pursuant to Code Section 18.60 of the Anaheim Municipal Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of
Anaheim on October 3, 2005, 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 amendment and to investigate and make findings and
recommendations in connection therewith; and that said public hearing was continued for the October 31, 2005
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 use is properly one for which a conditional use permit is authorized by the
Zoning Code.
Cr>,PC2005- -1- PC2005-
Tracking No_ CUP2005 -05027
2. That the proposal, as amended, will not adversely affect the adjoining land uses and the growth
and development of the area in which it is located since the business is in compliance with all of the conditions
of approval and is being well maintained.
3. That the size and shape of the site is adequate to allow full development of the use in a manner
not detrimental to the particular area nor to the peace, health, safety and general welfare.
4. That the traffic generated by the use will not impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area.
5. That granting this reinstatement, under the conditions imposed, will not be detrimental to the
health and safety of the citizens of the City of Anaheim since no serious crimes have occurred at this location
over the past year.
6. That this conditional use permit is being exercised in substantially the same manner and in
conformance with all conditions and stipulations originally approved by the Planning Commission.
7. That this conditional use permit is being exercised in a manner not detrimental to the particular
area and surrounding land uses, nor to the public health and safety.
8. That (a person at 10/3/05 meeting) indicated their presence at the 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 to retain public entertainment in conjunction with a previously approved
restaurant with sales of alcoholic beverages for on- premises consumption; and does hereby find that the
Negative Declaration previously approved in connection with Conditional Use Permit No. 2090 is adequate to
serve as the required environmental documentation in connection with this request upon finding that the
declaration reflects the independent judgment of the lead agency and that it has considered the previously
approved 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 will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby
approve reinstatement of Conditional Use Permit No. 2090 to allow public entertainment in conjunction with a
previously- approved restaurant with sales of alcoholic beverages for on- premises consumption by incorporating
the conditions of approval contained in Resolution No. PC2004 -109 into a new resolution to read as follows
1 - That the accessory public entertainment shall expire on August 27, 2008.
2. That the outdoor patio area may be used by patrons for seating and smoking purposes only. That no other
outdoor activities, including but not limited to dining, drinking, entertainment, dancing, etc., shall be
permitted in the patio area.
3. That the number of persons attending any event at this property shall not exceed the maximum occupancy
load as determined by the Anaheim Fire Department. Signs indicating the maximum occupancy shall be
prominently displayed within the premises.
4. That the property owner shall provide any new business operator /owner with the conditions of approval
contained in this resolution.
5. That the sales of any type of alcoholic beverages for consumption off the premises shall be prohibited.
6. That there shall be no live entertainment, amplified music or dancing permitted on the premises at any time
without issuance of proper permits as required by the Anaheim Municipal Code-
-2- PC2005-
7. That the activities occurring in conjunction with the operation of this establishment shall not cause noise
disturbance to surrounding properties and shall conform to the City of Anaheim Noise Ordinance.
8. That all doors serving subject establishment shall comply with the requirements of the Uniform Fire Code
and shall be kept closed and unlocked at all times during hours of operation except for ingress /egress,
deliveries and in cases of emergency.
9. That at all times when entertainment or dancing is permitted, uniformed security guards shall be provided
to the satisfaction of the Anaheim Police Department to deter unlawful conduct on the part of employees or
patrons, and promote the safe and orderly assembly and movement of persons and vehicles, and prevent
disturbance to the neighborhood by excessive noise created by patrons entering or leaving the premises.
10. That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate
and make easily discernible the appearance and conduct of all persons on or about the parking lot.
11. That there shall be no pool tables, amusement devices or games maintained within subject establishment
without issuance of proper permits as required by the Anaheim Municipal Code.
12. That the business operator shall comply with Section 24200.5 of the Business and Professions Code so as
not to employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks
in the licensed premises under any commission, percentage, salary, or other profit- sharing plan, scheme or
conspiracy.
13. That there shall be no public telephones on the premises located outside the building.
14. That this establishment shall be operated as a "Bona Fide Public Eating Place" as defined by Section
23038 of the California Business and Professions Code.
15. That there shall be no bar or lounge maintained on the property unless licensed by Alcoholic Beverage
Control and approved by the City of Anaheim.
16. That food service with a full meal shall be available from opening time until either 10:00 p.m. or closing
time, whichever occurs first, on each day of operation.
17. That subject alcoholic beverage license shall not be exchanged for a public premises (bar) type license nor
shall the establishment be operated as a `public premises' as defined in Section 23039 of the California
Business and Professions Code.
18. That the sales of any type of alcoholic beverages shall not exceed forty percent (40 %) of the gross sales of
all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis
indicating the separate amounts of sales of any type of alcoholic beverages and other items. These
records shall be made available, subject to audit and, when requested, inspection by any City of Anaheim
official during reasonable business hours.
19. That there shall be no exterior advertising of any kind or type, including advertising directed to the exterior
from within, promoting or indicating the availability of alcoholic beverages.
20. That the operator of subject facility shall pay for the cost of any Community Preservation Division
inspections which may be required to address Code violations or violations of these conditions of approval.
21. That there shall be no direct pedestrian access to the outdoor patio area from outside the building. All
access to this area shall be solely through the restaurant. Further, that a sign shall be posted at the
entrance to the patio stating that this area shall be used for seating and smoking purposes only and that no
dining, drinking or dancing shall be permitted in the patio.
22. 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
occurrence-
-3- PC2005-
23. That the proposal shall comply with all signing requirements of Development Area 3 (La Palma Core Area)
of the Northeast Area Specific Plan (SP94 -1) unless a variance allowing sign waivers is approved by the
Planning Commission or City Council.
24. That a valid business license shall be maintained for this business from the City of Anaheim Business
License Division of the Finance Department.
25. That this resolution shall be permanently posted in an obvious location within the employee work area to
serve as a reminder of the conditions of approval contained herein.
26. That three (3) foot high address numbers shall be maintained and displayed on the building roof in a
contrasting color to the roof material. The numbers shall not be visible to the adjacent street or properties.
27. That the on -site landscaping and irrigation system shall be maintained in compliance with City standards.
28. That all existing mature landscaping shall be maintained and immediately replaced in the event that it
becomes diseased or dies.
29. That trash storage area(s) shall be maintained in location(s) acceptable to the Public Works Department,
Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said
storage area(s) shall be designed, located and screened so as not to be readily identifiable from adjacent
streets or highways. The walls of the storage area(s) shall be protected from graffiti opportunities by the
use of plants such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot
centers or tall shrubbery.
30. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department
marked Exhibit Nos. 1 and 2, and as conditioned herein.
31. That the petitioner shall not share any profits or pay any percentage or commission to a promoter or any
other person based upon the monies collected as a door charge, cover charge or any other charge,
including the sale of drinks.
32. That no happy hour -type or reduced price promotion shall be permitted at any time.
33. That one security officer shall be posted in the patio area at all times.
34. 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
35. That a security officer shall monitor the parking lots on adjacent properties on Friday and Saturday nights
from 9 p.m. to 2 a.m. to ensure that patrons are not parking off-site-
36 That the business owner shall provide signage and driveway blockades in compliance with City Code to
ensure that patrons do not park on any neighboring properties.
BE IT 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-
-4- PC2005-
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
October 31, 2005. 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, ANAHEIM PLANNING COMMISSION
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1, 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
October 31, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
K111Ir7
IN WITNESS WHEREOF, I have hereunto set my hand this day of
SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION
-5- PC2005-
0
RESOLUTION NO. PC2004 -109
41 Attachment - Item No. 3
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2090, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2003 -129,
ADOPTED THEREWITH
(1160 NORTH KRAEMER BOULEVARD)
WHEREAS, on June 2, 1980, the Anaheim City Planning Commission did, by its Resolution
No. PC80 -92, approve Conditional Use Permit No. 2090 to permit a public dancing facility in conjunction with
a restaurant at 1160 North Kraemer Boulevard in the ML (Limited Industrial) Zone; that Condition No. 5 of
said resolution specified that the use was granted for one year subject to reviews for possible extensions of
time; and that extensions of time were subsequently granted by motion and by resolution; and
WHEREAS, on July 24, 1995, the Planning Commission did, by its Resolution No. PC95 -87,
amend certain conditions of approval adopted in connection with Conditional Use Permit No. 2090, including
granting a retroactive extension of time and amending Condition No. 5 to permit the use until August 26,
1997; and
WHEREAS, on September 12, 1995, the Anaheim City Council adopted an ordinance
reclassifying a large area including subject property from the ML Zone to Development Area 3 (La Palma
Core Area) of the Northeast Area Specific Plan No. 94 -1 (SP94 -1); and that the Zoning and Development
standards were also adopted for the Development Areas in Specific Plan No. 94 -1; and
WHEREAS, on September 30, 1996, the Planning Commission did, by its Resolution No.
PC96 -101, amend the conditions of approved adopted in connection with Conditional Use Permit No. 2090,
including Condition No. 10 which specified that the use would expire on August 27, 1997; and
WHEREAS, the Planning Commission subsequently adopted six resolutions (Nos. PC98 -118,
PC99 -141, PC2000 -12, PC2001 -30, PC2001 -126, PC2002 -114 and PC2003 -129) to reinstate the accessory
public entertainment for additional periods of time in connection with an existing restaurant with sale of
alcoholic beverages for on- premises consumption; and that the most recent resolution (PC2003 -129)
includes the following conditions of approval:
1. That the accessory public entertainment shall expire on August 27, 2004.
31. That subject property shall be developed in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the
Planning Department marked Exhibit No 1, and as conditioned herein."
WHEREAS, the property is developed with a restaurant/public dance hall (Xalos
Restaurant); that the underlying zoning is Development Area 3 (La Palma Core Area) of the Northeast Area
Specific Plan (SP94 -1); that the Anaheim General Plan designates the property for Industrial land uses; and
that the property is located in the Alpha Northeast Redevelopment Project constituent sub -area of the
Anaheim Redevelopment Area; and is situated in the City of Anaheim, County of Orange, State of California,
described as:
PORTION OF LOT 15, BLOCK K, KRAEMER TRACT, CITY OF FULLERTON, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 12
PAGES 87 AND 88 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WESTERLY
LINE OF LOT 15, WHICH IS DISTANT NORTHERLY 242.10 FEET FROM THE
NORTHWESTERLY CORNER OF THE SOUTHERLY HALF OF THE SOUTHERLY HALF
OF SAID LOT 15; THENCE EASTERLY ALONG LINE PARALLEL WITH AND DISTANT
NORTHERLY 242.10 FEET MEASURED AT RIGHT ANGLES FROM THE NORTHERLY
LINE OF SAID SOUTHERLY HALF OF THE SOUTHERLY HALF, A DISTANCE OF 269.00
C R \PC2004 -109 1- PC2004 -109
0 0
FEET; THENCE NORTHERLY AND PARALLEL WITH WESTERLY LINE OF SAID LOT 15,
A DISTANCE OF 175.00 FEET; SOUTHERLY HALF OF THE SOUTHERLY HALF, A
DISTANCE OF 269.00 FEET TO THE WESTERLY LINE OF SAID LOT 15; THENCE
SOUTHERLY ALONG SAID WESTERLY LINE A DISTANCE OF 175.00 FEET TO THE
POINT OF BEGINNING.
WHEREAS, under authority of Code Sections 18.60.180 and 18.60.190, the petitioner has
requested a 5 -year reinstatement to retain the accessory public entertainment in conjunction with the
restaurant with sales of alcoholic beverages for on- premises consumption (to match the lease agreement) or
deletion Condition No. 1 (which specifies that the accessory public entertainment shall expire on August 27,
2004) to eliminate any time limitation; and that the petitioner has also requested modification to Condition
No. 31 to amend the previously approved exhibits; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on September 20, 2004, at 1:30 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 amendment 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. That the use, as proposed to be amended, is properly one for which a conditional use permit is
authorized by the Zoning Code.
2. That the use, as proposed to be amended, will not adversely affect the adjoining land uses and
the growth and development of the area in which it is located.
3. That the size and shape of the site for the use, as proposed to be amended, is adequate to
allow full development of the use in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare.
4. That the traffic generated by the use, as proposed to be amended, will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the area.
5. That granting this reinstatement, under the conditions imposed, will not be detrimental to the
health and safety of the citizens of the City of Anaheim.
6. That this conditional use permit is being exercised in substantially the same manner and in
substantial conformance with all conditions and stipulations previously approved by the Planning
Commission.
7. That this conditional use permit is being exercised in a manner not detrimental to the particular
area and surrounding land uses, nor to the public health and safety; that the accessory public entertainment
is primarily conducted in the evenings when most of the surrounding industrial businesses are closed; and
that recent inspections by Code Enforcement Division staff indicate that the property is currently
demonstrating compliance with all the conditions of approval except for the requested modifications to the
floor plan.
8. That no one indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim City Planning
Commission has reviewed the proposal to retain accessory public entertainment in connection with an
existing restaurant with sale of alcoholic beverages for on- premises consumption, and to amend or delete
certain conditions adopted therewith and does hereby find that the Negative Declaration previously approved
in connection with Conditional Use Permit No. 2090 is adequate to serve as the required environmental
-2- PC2004 -109
0 0
documentation in connection with this request upon finding that the declaration reflects the independent
judgment of the lead agency and that it has considered the previously approved 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 will have a
significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
reinstate and approve Conditional Use Permit No. 2090, to retain the accessory public entertainment in
connection with an existing restaurant with the sale of alcoholic beverages for on- premises consumption and
to amend the previously approved exhibits; and
BE IT FURTHER RESOVED that the conditions of approval in Resolution No. PC2003 -129,
adopted in connection with Conditional Use Permit No. 2090 as previously amended, are hereby amended in
their entirety to read as follows:
1. That the accessory public entertainment shall expire on August 27, 2005.
2. That the outdoor patio area may be used by patrons for seating and smoking purposes only. That no
other outdoor activities, including but not limited to dining, drinking, entertainment, dancing, etc., shall
be permitted in the patio area. The unpermitted modifications to the patio wall shall be removed and the
wall returned to it's original condition.
3. That the number of persons attending any event at this property shall not exceed the maximum
occupancy load as determined by the Anaheim Fire Department. Signs indicating the maximum
occupancy shall be prominently displayed within the premises.
4. That the property owner shall provide any new business operator /owner with the conditions of approval
contained in this resolution.
5. That the sales of any type of alcoholic beverages for consumption off the premises shall be prohibited.
6. That there shall be no live entertainment, amplified music or dancing permitted on the premises at any
time without issuance of proper permits as required by the Anaheim Municipal Code.
7. That the activities occurring in conjunction with the operation of this establishment shall not cause noise
disturbance to surrounding properties and shall conform to the City of Anaheim Noise Ordinance.
8. That all doors serving subject establishment shall comply with the requirements of the Uniform Fire
Code and shall be kept closed and unlocked at all times during hours of operation except for
ingress /egress, deliveries and in cases of emergency.
9. That at all times when entertainment or dancing is permitted, uniformed security guards shall be
provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct on the part of
employees or patrons, and promote the safe and orderly assembly and movement of persons and
vehicles, and prevent disturbance to the neighborhood by excessive noise created by patrons entering
or leaving the premises.
10. That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate
and make easily discernible the appearance and conduct of all persons on or about the parking lot.
11. That there shall be no pool tables, amusement devices or games maintained within subject
establishment without issuance of proper permits as required by the Anaheim Municipal Code.
12. That the business operator shall comply with Section 24200.5 of the Business and Professions Code so
as not to employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them
drinks in the licensed premises under any commission, percentage, salary, or other profit- sharing plan,
scheme or conspiracy.
-3- PC2004 -109
9
r
13. That there shall be no public telephones on the premises located outside the building.
14. That this establishment shall be operated as a "Bona Fide Public Eating Place" as defined by Section
23038 of the California Business and Professions Code.
15. That there shall be no bar or lounge maintained on the property unless licensed by Alcoholic Beverage
Control and approved by the City of Anaheim.
16. That food service with a full meal shall be available from opening time until either 10:00 p.m. or closing
time, whichever occurs first, on each day of operation.
17. That subject alcoholic beverage license shall not be exchanged for a public premises (bar) type license
nor shall the establishment be operated as a'public premises' as defined in Section 23039 of the
California Business and Professions Code.
18. That the sales of any type of alcoholic beverages shall not exceed forty percent (40 %) of the gross
sales of all retail sales during any three (3) month period. The applicant shall maintain records on a
quarterly basis indicating the separate amounts of sales of any type of alcoholic beverages and other
items. These records shall be made available, subject to audit and, when requested, inspection by any
City of Anaheim official during reasonable business hours.
19. That there shall be no exterior advertising of any kind or type, including advertising directed to the
exterior from within, promoting or indicating the availability of alcoholic beverages.
20. That the operator of subject facility shall pay for the cost of any Code Enforcement inspections which
may be required to address Code violations or violations of these conditions of approval.
21. That there shall be no direct pedestrian access to the outdoor patio area from outside the building. All
access to this area shall be solely through the restaurant. Further, that a sign shall be posted at the
entrance to the patio stating that this area shall be used for seating and smoking purposes only and that
no dining, drinking or dancing shall be permitted in the patio.
22. 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 occurrence.
23. That the proposal shall comply with all signing requirements of Development Area 3 (La Palma Core
Area) of the Northeast Area Specific Plan (SP94 -1) unless a variance allowing sign waivers is approved
by the Planning Commission or City Council.
24. That a valid business license shall be maintained for this business from the City of Anaheim Business
License Division of the Finance Department.
25. That this resolution shall be permanently posted in an obvious location within the employee work area
to serve as a reminder of the conditions of approval contained herein.
26. That three (3) foot high address numbers shall be maintained and displayed on the building roof in a
contrasting color to the roof material. The numbers shall not be visible to the adjacent street or
properties.
27. That the on -site landscaping and irrigation system shall be maintained in compliance with City
standards.
28. That all existing mature landscaping shall be maintained and immediately replaced in the event that it
becomes diseased or dies.
29. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with
-4- PC2004 -109
0 0
said Department. Said storage area(s) shall be designed, located and screened so as not to be readily
identifiable from adjacent streets or highways. The walls of the storage area(s) shall be protected from
graffiti opportunities by the use of plants such as minimum one (1) gallon sized clinging vines planted on
maximum three (3) foot centers or tall shrubbery.
30. That within sixty (60) days plans shall be submitted to the Building Division and permits obtained for the
unpermitted modification to the interior of the restaurant.
31. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 and 2, and as conditioned herein.
32. That Condition Nos. 2 and 31, above - mentioned, shall be completed within a period of sixty (60) days
from the date of this resolution.
33. 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.
34. That no happy hour -type or reduced price promotion shall be permitted at any time.
35. That one security officer shall be posted in the patio area at all times.
36. That the petitioner shall not share any profits or pay any percentage or commission to a promoter or any
other person based upon the monies collected as a door charge, cover charge or any other charge,
including the sale of drinks.
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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 20, 2004. 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.
(ORIGINAL SIGNED BY GAIL EASTMAN)
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
!ORIGINAL SIGNED BY PAT CHANDLERI
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-5- PC2004 -109
0
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
E
I, Pat Chandler, 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 20, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT - LINARES
VELASQUEZ
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
, 2004.
(ORIGINAL SIGNED BY PAT CHANDLER)
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-6- PC2004 -109
PETITIONER'S STATEMENT 0 Attachment - Item No. 3 JW Is
JUSTIFICATION FOR REINSTATEMENT
Section 18.60.180 of the Anaheim Municipal Code requires that requests for reinstatements or renewals of a time -
limited permit shall be made in writing no later than six (6) months after the expiration date of the permit sought to
be reinstated or renewed and must be accompanied by an application form and the required filing fee.
1. In order to reinstate or renew a permit, the facts necessary to support each and every finding for the original
approval of the entitlement as set forth in the following excerpts from the Anaheim Zoning. Code still exist:
18.66.060 (Relative to Conditional Use Permits)
Before the approval authority, or City Council on appeal, may approve a conditional use permit, it must make
a finding of fact, by resolution, that the evidence presented shows that all of the following conditions is
required:
.031 That the proposed use is properly one for which a conditional use permit is authorized by this code, or
is an unlisted use as defined in subsection .030 (Unlisted Uses Permitted) of Section 18.66.040
(Approval Authority);
.032 That the proposed use will not adversely affect the adjoining land uses or the growth and development
of the area in which it is proposed to be located;
.033 That the size and shape of the site proposed for the use is adequate to allow the full development of
the proposed use in a manner not detrimental to the particular area or to health and safety;
.034 That the traffic generated. by the proposed use will not impose an undue burden upon the. streets and
highways designed and improved to carry the traffic in the area; and
.035 That the granting of the conditional use permit under the conditions imposed, if any, will not be
detrimental to the health and safety of the citizens of the City of Anaheim.
18.74.060 (Relative to Variances)
Before any variance may be granted by the approval authority, or City Council on appeal, it shall be shown:
.020.1 That there are special circumstances applicable to the property, including size, shape, topography,
location or surroundings, which do not apply to other property under identical zoning classification in
the vicinity;
.0202 That, because of special circumstances shown in .0201, strict application of the zoning code deprives
the property of privileges enjoyed by other property under identical zoning classification in. the vicinity.
2. Said permit or variance is being exercised substantially in the same manner and in conformance with all ,
conditions and stipulations originally approved;
3. Said permit or variance is being exercised in a manner not detrimental to the particular area and. surrounding
land uses, nor to the public peace, health, safety and general welfare; and
4. With regard only to any deletion. of a time limitation, such deletion is appropriate because it has been
demonstrated that the use has operated in a manner that is appropriate in the underlying zone. and the
surrounding area and that the periodic review of the use in no longer necessary and /or that it can be
determined that, due to changed circumstances, the use is consistent with the City's long -term plans for the
area.
In order to determine if such. findings exist, and to assist the Zoning Administrator or Planning Commission to
arrive at a decision, please answer the following questions fully and as. complete as possible. Attach additional
sheets if additional space is needed.
C
(over) CASE N0.
Has any physical aspect of the property for which this use permit or variance been granted changed
significantly since the. issuance of this use permit or variance?
ry
2.
3. Has any aspect of the nature of the operation changed since the issuance of this use permit or variance?
., r 1 .. to
4. Are the conditions of approval pertaining to the use permit or variance being complied with?
U
5.
The applicant for this request is: ❑ Property Owner %Authorized Agent
NW C_
Date
ee-jr\
Reinstatement application.doc
Revised 9/13/04
Have the land uses in the immediate vicinity changed since the issuance his use permit or variance?
If you are requesting a deletion of the time limitation, is this deletion necessary for the continued operation
of this use or variance?
. '—' - • c-71
City of Anaheim
POLICE DEPARTMENT
Special Operations Division
F -AM .711TiT711i4117R1MM
To:
Amy Vazquez
Planning Department
From:
Sergeant Mike Lozeau
Vice Detail
Date:
September 15, 2005
RE:
CUP 2005- 05027- Tracking Case # CUP2004 -02090
Xalos
1160 N. Kraemer Blvd.
Anaheim, CA 92807
The Police Department has received an I.D.C. Route Sheet for CUP
2005 - 05027. The request by the applicant is to reinstate and retain
public entertainment in conjunction with a previously- approved
restaurant.
The location is within Reporting District 1432, which has a Crime Rate
of 76 percent above average. The Reporting District to the North is
1332 and has a crime rate of 87 percent below average. The Reporting
District to the South is the City of Orange. The Reporting District to the
West is 1431 and has a crime rate of 54 percent below average. The
Reporting District to the East is 1333/1433. The crime rate for
Reporting District 1333 is 65 percent below average. The crime rate for
Reporting District 1433 is 65 percent below average.
From September 1, 2004 through September 12, 2005 this location had
57 calls for service. The calls consist of: 3 fights, 10 battery, 10
disturbance, 6 problem solving, 2 bar - check, 1 suspicious
circumstances, 10 burglary alarm, 2 AMC violations, 2 car stops, 3 fire
department, 1 ABC check, 2 recover lost or stolen property, 1 lost
property, 2 stolen vehicles, 1 vandalism, traffic accident w /medical aid,
1 crime scene investigator call out.
Of the 57 calls for service there were 24 reports taken. They consist of:
1 fight, 6 battery, 2 AMC violation, 2 disturbance, 2 stolen vehicle, 3 fire
department, 1 vandalism, 1 traffic accident/medical aid, 1 assist other
department, 1 recover stolen property, 1 lost property, 3 officer initiated.
The Police Department does not oppose this request. The calls for
service have remained about the same, but the man hours needed to
keep this restaurant in compliance have gone down significantly.
Anaheim Police Dept.
425 S. Harbor Blvd.
Anaheim, CA 92805
TEL 714.765.1401
FAX 714.765.1665
Memorandum
Amy Vazquez
Xalos
We would be in favor of a 3 year time limitation on their Conditional Use
Permit. We request that all previous conditions apply:
1) At all times when the premise is open for business, the premise
shall be maintained as a bona fide restaurant and shall provide a
menu containing an assortment of foods normally offered in such
restaurant.
2) There shall be no pool tables or amusement devices maintained
upon the premises at any time unless the proper permits have
been obtained from the City of Anaheim.
3) The gross sales of alcoholic beverages shall not exceed 40
percent of the gross sales of all retail sales during any three (3)
month period. The applicant shall maintain records on a quarterly
basis indicating the separate amounts of sales of alcoholic
beverages and other items. These records shall be made
available for inspection by any City of Anaheim official when
requested.
4) There shall be no live entertainment, amplified music or dancing
permitted on the premise at any time unless the proper permits
have been obtained from the City of Anaheim.
5) The sale of alcoholic beverages for consumption off the premise
shall be prohibited.
6) There shall be no exterior advertising of any kind or type, including
advertising directed to the exterior from within, promoting or
indicating the availability of alcoholic beverages.
7) The activities occurring in conjunction with the operation of this
establishment shall not cause noise disturbance to surrounding
properties.
8) That the parking lot serving the premises shall be equipped with
lighting of sufficient power to illuminate and make easily
discernible the appearance and conduct of all persons on or about
the parking lot. Said lighting shall be directed, positioned and
shielded in such a manner so as not to unreasonably illuminate
the windows of nearby residences.
9) There shall be no public telephones on the property that are
located outside the building and within the control of the applicant.
Page 2
Memorandum
Amy Vazquez
Xalos
10) That the business operator shall comply with Section 24200.5 of
the Business and Profession Code so as not to employ or permit
any persons to solicit or encourage others, directly or indirectly, to
buy them drinks in the licensed premises under any commission,
percentage, salary, or other profit- sharing plan, scheme or
conspiracy.
11) At all times that entertainment or dancing is permitted, security
measures shall be provided to the satisfaction of the Anaheim
Police Department to deter unlawful conduct on the part of
employees or patrons, and promote the safe and orderly assembly
and movement of persons and vehicles, and to prevent
disturbance to the neighborhood by excessive noise created by
patrons entering or leaving the premises.
12) Any and all security officers provided shall comply with all State
and Local ordinances regulating their services, including, without
limitation, Chapter 11.5 of Division 3 of the California Business
and Profession Code. (Section 4.16.070 Anaheim Municipal
Code)
13) That all doors serving subject restaurant shall conform to the
requirements of the Uniform Fire Code and shall be kept closed at
all times during the operation of the premises except for
ingress /egress, permit deliveries and in cases of emergency.
14) No "happy hour" type of reduced price alcoholic beverage
promotion shall be allowed at any time.
15) Signs shall be posted at all exits of the premises including out to
the patio area notifying patrons of the prohibition of alcoholic
beverages from leaving the confines of the establishment.
16) Petitioner shall not share any profits, or pay any percentage or
commission to a promoter or any other person, based upon
monies collected as a door charge, cover charge, or any other
form of admission charge, including minimum drink orders, or the
sale of drinks.
17) One security officer must be posted in the patio area at all times.
18) There shall be no food or alcohol served in the patio area.
If you have any further questions you may contact me at ext. 1451.
f. \home \mmirwin \CUP 2005 -05027 Xalos 3.dm
Page 3
Attachment - Item No. 3
Michael Alvarez
REAL ESTATE MANAGEMENT CO.
360 South Glassell St., Ste. B, Orange California 92866
Phone: (714) 532 -5855 Fax (714) 532.5518
October 18, 2005
Amy Vazquez
Associate Planner
City of Anaheim
Anaheim, CA
Dear Ms. Vazquez,
On behalf of our company Alvarez Limited Partners, I appreciate your meeting with Juan
and I this week to discuss my concerns about the over flow parking problem being
created on our property as a result of Juan's restaurant activities on the weekends.
I am pleased that we came up with a solution that can be easily implemented by the
restaurant to keep their patrons from parking across the street and at our buildings at
1161 and 1171 -89 N. Kraemer Blvd. The use of traffic barriers at the three driveway
locations and the security surveillance should provide the enforcement we are looking
for.
Therefore, we fully support these additions to the CUP renewal being proposed before
the City Planning Commission for Juan's restaurant.
Thank you again for your help and thank you to the Planning Commission for there
patience.
Sincerely,
iT,TJ.�ai
Michael Alvarez
Alvarez Limited Partners
Item No. 3
July t 8, 2005
CITY OF ANAHEIM
Attn: To Whom It May Concern
C.U.P EXTENTION REQUEST
Re: Xalos Restaurant & Bar at 1160 N. Kraemer Blvd, Anaheim, Ca 92806
This letter is to request a 3 -year extension for our C.U.P entertainment and dance
hall permit. My name is Juan Manuel Reynoso, and I am the owner of Xalos Restaurant
and Bar, located at 1160 N. Kraemer Blvd, Anaheim, Ca 92806. We have been doing
business at this location for the past 30 months and I feel that we have accomplished our
goal of improving the appearance of the location as well as decreased the crime rate. We
have done everything to the best of our knowledge to operate within our Conditional Use
Permit and regulations. I hope to have my petition granted and I look forward to
continue working together with the city of Anaheim.
Please don't hesitate to call me if you have any questions or concerns. Thank you
for your time.
Owner
(714) 620 -5192
ITEM NO. 1 -A
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Tentative Parcel Map No. 2005 -247 Date: October 31, 2005
Scale: 1"=200'
Requested By: CALVADA DEVELOPMENT Q.S. No. 62
REQUEST TO CONSTRUCT A 4,100 SQUARE -FOOT, THREE UNIT COMMERCIAL RETAIL CENTER
INCLUDING A DRIVE - THROUGH COFFEE SHOP (STARBUCKS)
WITH WAIVERS OF: (A) MINIMUM LANDSCAPED SETBACK,
(B) MINIMUM NUMBER OF PARKING SPACES, AND
(C) LOCATION OF DRIVE - THROUGH LANE.
TENTATIVE PARCEL MAP NO. 2005 -247- TO ESTABLISH A 1 -LOT COMMERCIAL SUBDIVISION.
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Conditional Use Permit No. 2005 -05028 Subject Property
Tentative Parcel Map No. 2005 -247 Date: October 31, 2005
Scale: 1"=200'
Requested By: CALVADA DEVELOPMENT Q.S. No. 62
REQUEST TO CONSTRUCT A 4,100 SQUARE -FOOT, THREE UNIT COMMERCIAL RETAIL CENTER
INCLUDING A DRIVE - THROUGH COFFEE SHOP (STARBUCKS)
WITH WAIVERS OF: (A) MINIMUM LANDSCAPED SETBACK,
(B) MINIMUM NUMBER OF PARKING SPACES, AND
(C) LOCATION OF DRIVE - THROUGH LANE.
TENTATIVE PARCEL MAP NO. 2005 -247- TO ESTABLISH A 1 -LOT COMMERCIAL SUBDIVISION.
1131 West Lincoln Avenue
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Conditional Use Permit No. 2005 -05028 Subject Property
Tentative Parcel Map No. 2005 -247 Date: October 31, 2005
Scale: 1" = 200'
Requested By: CALVADA DEVELOPMENT Q.S. No. 62
REQUEST TO CONSTRUCT A 4,100 SQUARE -FOOT, THREE UNIT COMMERCIAL RETAIL CENTER
INCLUDING A DRIVE - THROUGH COFFEE SHOP (STARBUCKS)
WITH WAIVERS OF: (A) MINIMUM LANDSCAPED SETBACK,
(B) MINIMUM NUMBER OF PARKING SPACES, AND
(C) LOCATION OF DRIVE - THROUGH LANE.
TENTATIVE PARCEL MAP NO. 2005 -247- TO ESTABLISH A 1 -LOT COMMERCIAL SUBDIVISION.
1131 West Lincoln Avenue
2033
Staff Report to the
Planning Commission
October 31, 2005
Item No. 4
4a.
CEQA NEGATIVE DECLARATION
(Motion)
4b.
WAIVER OF CODE REQUIREMENT
(Motion)
4c.
CONDITIONAL USE PERMIT NO. 2005 -05028
(Resolution)
4d.
TENTATIVE PARCEL MAP NO. 2005 -247
(Motion)
SITE LOCATION AND DESCRIPTION
(1) This rectangularly- shaped, 0.39 -acre property is located at the northeast corner of Lincoln
Avenue and Carleton Avenue, having frontages of 196 feet on the north side of Lincoln
Avenue and 77 feet on the east side of Carleton Avenue (1131 West Lincoln Avenue).
REQUEST:
(2) The applicant requests the following actions:
Conditional Use Permit No. 2005 -05028 - to construct a 3,897 square -foot, three unit
commercial retail center including a drive - through coffee shop (Starbucks) under authority
of Code Section No. 18.08.030.010, with waivers of the following:
(a) SECTION NO. 18.08.060.010.0102
Minimum landscaped setback adjacent
to an arterial (15 feet required; 5 feet
proposed)
(b) SECTION NO. 18.42.040.010
(c) SECTION NO. 18.42.080.020
Minimum number of parking spaces
(53 required; 22 proposed and
recommended by Staff)
Drive - through lane location
(Drive- through lane not permitted within
setback; drive - through lane proposed in
setback)
Tentative Parcel Map No. 2005 -247 - to combine eight (8) lots into one (1) lot to establish a
commercial retail center.
BACKGROUND:
(3) This property is vacant and is zoned C -G (General Commercial). The Anaheim General
Plan designates this property for Mixed Use land uses. Surrounding properties to the east
and west are also designated for Mixed Use land uses, to the south (across Lincoln
Avenue) for Mixed Use and Low Density Residential land uses and to the north for Medium
Density Residential land uses.
PREVIOUS ZONING ACTIONS:
(4) The following zoning actions pertain to this property:
(a) Conditional Use Permit No. 720 (to permit an existing service station within 75 feet of
residential zone and not at an intersection of two arterials) was approved by the
Planning Commission July 7, 1965. The previously- approved service station is no
longer operating, and staff recommends that this permit be terminated.
SR- CUP2005- 05028jr
Page 1
Staff Report to the
Planning Commission
October 31, 2005
Item No. 4
DEVELOPMENT PROPOSAL:
(5) The applicant requests a tentative parcel map and conditional use permit to construct a
3,897 square -foot, three unit commercial retail center including a drive - through coffee shop
(Starbucks). The tentative parcel map is a technical requirement to combine the eight (8)
existing legal lots that make up the site into one legal lot. Typically this type of action is
addressed through a lot line adjustment and included as a condition of approval. Because
the number of lots to be combined is greater than what can be accommodated through the
lot line adjustment process (a maximum of four (4) lots), a tentative parcel map is
necessary. The site contains remnant accessory structures from the previous service
station which would be completely removed to facilitate the new commercial center.
(6) The site plan (Exhibit No. 1) indicates the following proposed setbacks:
Page 2
Code
Code
Direction
Required /Proposed
Required /Proposed
Building Setback
Landscape Setback
North (adjacent to alley)
0 feet/42 feet
0 feet/0 feet
South (adjacent to
15 feet/17 feet, 8 inches
15 feet/5 feet*"
Lincoln Avenue)
Page 2
Staff Report to the
Planning Commission
October 31, 2005
Item No. 4
"Requested waiver for landscaped setback and drive - through lane location.
The site plan indicates the proposed drive - through lane, located along the west and south
sides of the building, would be setback five feet from Lincoln Avenue (within the required
setback) and 10 feet from Carleton Street. Entry to the drive - through lane would occur
directly south of the alley entrance to the site and exiting would occur at the southeastern
portion of the site adjacent to Lincoln Avenue. Plans propose a length of 66 feet from the
drive - through entry to the ordering device, and another 100 feet from the ordering device to
the pick up window. Code requires that drive - through lanes be located outside the
minimum landscaped setback and that lanes utilizing a separate ordering device have a
minimum distance of sixty (60) feet between the start of the lane to the ordering device, and
an additional minimum distance of one hundred (100) feet between the ordering device and
the service window or area.
(7) Vehicular access to the site would be provided via one (1) driveway from Lincoln Avenue
and one (1) driveway from the existing alley (the existing driveway on Carleton Street would
be closed). The site plan indicates a total of 22 parking spaces available for this
commercial retail center and drive - through facility. Code requires 53 spaces based on the
following chart.
USE
Code
Code
Direction
Required /Proposed
Required /Proposed
5.5 spaces
Building Setback
Landscape Setback
East (adjacent to
0 feet/ 46 feet
0 feet/0 feet
commercial zone)
West (adjacent to
10 feet/27 feet, 9 inches
10 feet/10 feet
Carleton Street)
32
Food Restaurant
"Requested waiver for landscaped setback and drive - through lane location.
The site plan indicates the proposed drive - through lane, located along the west and south
sides of the building, would be setback five feet from Lincoln Avenue (within the required
setback) and 10 feet from Carleton Street. Entry to the drive - through lane would occur
directly south of the alley entrance to the site and exiting would occur at the southeastern
portion of the site adjacent to Lincoln Avenue. Plans propose a length of 66 feet from the
drive - through entry to the ordering device, and another 100 feet from the ordering device to
the pick up window. Code requires that drive - through lanes be located outside the
minimum landscaped setback and that lanes utilizing a separate ordering device have a
minimum distance of sixty (60) feet between the start of the lane to the ordering device, and
an additional minimum distance of one hundred (100) feet between the ordering device and
the service window or area.
(7) Vehicular access to the site would be provided via one (1) driveway from Lincoln Avenue
and one (1) driveway from the existing alley (the existing driveway on Carleton Street would
be closed). The site plan indicates a total of 22 parking spaces available for this
commercial retail center and drive - through facility. Code requires 53 spaces based on the
following chart.
USE
SQUARE FEET
CODE - REQUIRED
PARKING RATIO
(per 1,000 sq. ft.)
PARKING
REQUIRED
Retail
897
5.5 spaces
5
Fast Food
1,000
16 spaces
16
Restaurant
Drive Through Fast
2,000
16 spaces
32
Food Restaurant
TOTAL
53
(8) The floor plan for the commercial center (Exhibit No. 1) indicates three (3) tenant spaces
consisting of a 2,000 s.f. Starbucks coffeehouse with drive - through, a 1,000 s.f. Subway
sandwich shop, and an 897 s.f. T- Mobile cellular phone retail store. A small interior access
to the roof would be located at the south side of building. Storefront entryways would be
located along the north side of the building facing the parking lot (interior facing). The drive
through lane service window would project three (3) feet from the main building and would
face Lincoln Avenue.
(9) The elevation plans, color rendering and material boards (Exhibit No. 2, 3, 4 and 5) indicate
a 25 -foot high, single -story Craftsman style building containing a smooth plaster finish,
wood siding, and brick veneer on each elevation. A gabled, multi - colored concrete tile roof
(Monier lifetile Slate Charcoal Brown Blend and Cobblestone) would be used on the
Page 3
Staff Report to the
Planning Commission
October 31, 2005
Item No. 4
building. The center portion of the building would be a green -grey color (Stucco - Dunn
Edwards Union Springs; Trim - Dunn Edwards Smoky Forest) and the towers on each end
would be a yellow -amber color (Stucco - Dunn Edwards Highlight Gold; Trim - Dunn
Edwards Brassy). A horizontal trim line, window mullions, and canvas canopies would be
black (Dunn Edwards — Stargazing). Each elevation would incorporate the use of brick
finish along the bottom four (4) feet of the building (Robinson Brick Company —
Chesapeake) to complement the smooth stucco finish. The south elevation (facing Lincoln
Avenue) would include pilasters with a brick base and a tapered wood post. The north
elevation (facing the parking area) would contain identical pilasters supporting an arcade
over the walkway and entry along the center portion of the building. Exterior lighting would
be consistent with the period architecture proposed for the center.
(10) The site plan and elevation plans (Exhibit Nos. 1 through 2) indicate the conceptual location
of proposed wall and monument signage for the commercial center. Although the signage
is not dimensioned, the number and location of the signs comply with Code. Code allows
the total aggregate area of wall signs(s), including the area of awning signs or similar signs
affixed to the building elevation, to be a maximum of ten percent (10 %) of the area of the
face of the building to which such sign(s) are attached or two hundred (200) square feet,
whichever is less. Since specific tenant signage has not been identified at this time, staff is
recommending a condition of approval, requiring the applicant to submit a final detailed
sign program for staff review once the specific sign design and tenant signage have been
determined for the retail center.
(11) The site plan (Exhibit No. 1) indicates a 5 -foot wide landscape planter along Lincoln
Avenue (a small portion is 12 feet wide) and a 10 -foot wide landscape planter along
Carleton Street. The plan further proposes a 4- 5-foot wide landscaped area along the west
and south walls of the building adjacent to the drive - through lane. There would also be
four (4) landscaped areas/fingers within the parking area and adjacent to the entryways.
Small triangular planters would be distributed throughout the parking area to provide vine
coverage on the new and existing masonry walls. The setback areas would contain thirty -
one (31) trees (10 along Carleton St. and 21 along Lincoln Ave.) as well as shrubs and
groundcover. The landscaped area along the building would consist of shrubs and
groundcover as well. The landscaped fingers within the parking area would be planted with
four (4) trees, shrubs and groundcover. Code requires one tree for every 20 lineal feet of
street frontage (10 trees on Lincoln Avenue and 4 trees on Carleton Street) and fast
growing shrubbery of clinging vines planted on 3 -foot centers for the trash enclosure. Code
further requires that at least one (1) tree per 3,000 square feet of parking area and /or
vehicular accessways be distributed throughout the parking area with an average of forty -
eight (48) square feet of planter area provided per required tree, and a minimum planter
dimension of five (5) feet. With the exception of the requested waiver of landscape setback
along Lincoln Avenue and the distribution of trees within the parking area (of which the
applicant is aware and willing to address to comply with Code as conditioned), the
landscape plans comply with Code.
(12) The submitted letter of operation indicates that the proposed tenant spaces would have the
following hours of operation and employee information:
Starbucks Subway Retail (T- Mobile)
Hours 5AM -12AM 11AM -10PM 8AM -10PM
Employees Maximum of four Maximum of three Maximum of two
The property owner has further indicated that the Starbucks would not be permitted (as a
condition of their lease) to sell sandwich or lunch items and Subway would not be permitted
to sell breakfast items and would not be open in the early morning.
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Staff Report to the
Planning Commission
October 31, 2005
Item No. 4
ENVIRONMENTAL IMPACT ANALYSIS:
(13) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review
in the Planning Department) and finds no significant environmental impact and, therefore,
recommends that a Negative Declaration be approved upon a finding by the Commission
that the declaration reflects the independent judgment of the lead agency; and that it has
considered the proposed 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 will have a
significant effect on the environment-
EVALUATION
(14) Commercial retail centers (two or more tenant spaces) and restaurants with a drive - through
are permitted in the C -G zone subject to the approval of a conditional use permit.
(15) Waiver (a) pertains to the minimum landscaped setback adjacent to an arterial highway.
Code requires a 15 foot wide landscaped setback along arterial highways and plans
indicate a setback ranging from 5 to 12 feet to accommodate parking and the location of
the drive - through lane. Staff surveyed properties along Lincoln Avenue to determine if the
strict application of the Zoning Code deprives the property of privileges enjoyed by other
properties with identical zoning classification in the vicinity. Staff identified other properties
in the area that had no landscaped setback (see following photograph); however, these
properties appeared historic in nature and contain storefronts immediately adjacent to the
sidewalk thereby providing a pedestrian oriented design — consistent with the historic
theme and character of the nearby Anaheim Colony Historic District (5- Points
Neighborhood). The development pattern for these properties with the buildings adjacent
to the right -of -way was not due to constraints of the individual properties but rather a
deliberate decision to place the building along the street frontage consistent with older
downtowns. This is not the case with the current proposal as the drive - through lane
separates the building from the street. Staff observed that no other properties in the vicinity
have reductions in their landscaped setback to accommodate a drive - through operation.
Staff also observed other commercial uses that provided the Code - required landscaping
along Lincoln Avenue (see following photograph). Staff believes the necessary findings for
approval of the requested waiver cannot be justified as there are no special circumstances
applicable to the property such as size, shape, topography, location or surroundings, which
do not apply to other identically zoned properties in the vicinity and that the strict
application of the Zoning Code does not deprive the property of privileges enjoyed by other
properties with identical zoning classification in the vicinity, and therefore, staff
recommends denial of waiver (a).
Page 5
Staff Report to the
Planning Commission
October 31, 2005
Item No. 4
Page 6
View of setback along Lincoln Ave. for a nearby commercial center
Staff Report to the
Planning Commission
October 31, 2005
Item No. 4
(16) Waiver (b) pertains to the minimum number of parking spaces. Code requires a minimum
of 53 spaces for the drive - through restaurant and retail center and plans propose 22
spaces. The applicant has submitted a parking analysis prepared by Kunzman Associates,
Inc., dated September 20, 2005, to substantiate the requested parking waiver. The City's
independent Traffic Consultant has reviewed the parking analysis and has determined that
the proposed parking area referenced in the study would be sufficient for the proposed
uses on the property. Based upon the analysis provided by the applicant and upon the
recommendation of the City's independent Traffic Consultant, staff recommends approval
of this waiver based on the following findings:
"(a) That the waiver, under the conditions imposed, if any, will not cause fewer off- street
parking spaces to be provided for such use than the number of such spaces
necessary to accommodate all vehicles attributable to such use under the normal and
reasonable foreseeable conditions of operation of such use.
The observed parking demand of similar commercial centers (Garden Grove,
Westminster, and Santa Ana) indicate that this site would potentially require an actual
demand ranging from 13 to 19 parking spaces during peak demand. The project
would provide a total of 22 parking spaces. As a result, the project would provide
adequate off - street parking to accommodate all vehicles attributable to the project
under normal operation.
(b) That the waiver, under the conditions imposed, if any, will not increase the demand
and competition for parking spaces upon the public streets in the immediate vicinity of
the proposed use.
As demonstrated in this parking study, the project will provide adequate parking on-
site to accommodate parking demand under normal operation. The site is expected to
contain a surplus of two to nine spaces during peak operation; therefore, no impact
upon on- street parking is anticipated as a result of this use.
(c) That the waiver, under the conditions imposed, if any, will not increase the demand for
parking spaces upon adjacent private property in the immediate vicinity of the
proposed use.
The project will provide adequate parking on the project site to accommodate its
parking generation. The site will accommodate peak demand with only 59 % -86% of
on -site parking spaces utilized. No demand for parking on adjacent private property is
forecasted.
(d) That the waiver, under the conditions imposed, will not increase traffic congestion
within the off - street parking areas or lots provided for such use.
An existing driveway along Carleton Street would be removed and access would be
gained directly from the alley to the north. Ingress and egress on Lincoln Avenue
would be right in /right out only. Therefore, traffic congestion would not be anticipated
with implementation of the project.
(e) That the waiver, under the conditions imposed, will not impede vehicular ingress to or
egress from adjacent properties upon the public streets in the immediate vicinity of the
proposed use.
The project would reduce the number of access points to public streets adjacent to
this property. The location of the proposed driveways would not impede vehicular
Page 7
Staff Report to the
Planning Commission
October 31, 2005
Item No. 4
ingress to or egress from adjacent properties. Furthermore, it has been established
previously that a sufficient supply of off - street parking will be provided to meet the
forecasted parking demand. Therefore, neither stacking onto the public street nor
blocking an adjacent driveway would be expected to occur."
(17) Waiver (c) pertains to the drive - through lane proposed within the required landscape
setback area. Code specifies that drive - through lanes cannot be located within the required
15 foot wide landscaped setback and plans indicate a setback ranging from 5 to 12 feet to
accommodate the location of the drive through lane and parking. Staff surveyed properties
in the vicinity and along Lincoln Avenue and could not identify other properties that had
drive - through lanes within the front setback area. Therefore, strict application of the Zoning
Code does not deprive the property of privileges enjoyed by other properties with identical
zoning classifications in the vicinity. Eliminating the drive - through lane would allow greater
area for commercial center operations such as loading and unloading or landscape setback
in compliance with Code along Lincoln Avenue. Staff believes the necessary findings for
approval of the requested waiver cannot be justified as there are no special circumstances
applicable to the property such as size, shape, topography, location or surroundings, which
do not apply to other identically zoned properties in the vicinity, and therefore, staff
recommends denial of waiver (c).
(18) Goal 6.1 of the Community Design Element of the General Plan reads as follows:
"Focus activity centers at the intersections of selected major corridors to provide convenient
and attractive concentration of retail and office uses."
Several policies are indicated in order to implement this goal. In summary, the design
policies include the following:
• Locate buildings close to the street with shielded parking
• Encourage pedestrian -scale features such as public art and awnings
• Incorporate architectural interest through varied roofiines, colors, materials and
lighting
• Link newly developed retail centers to residential and/or office uses through clear
safe pedestrian and bicycle connections
• Provide layered landscaping
• Provide people gathering spaces such as outdoor eating areas, water features,
courtyards, etc.
• Screen utilities
(19) Several of the design features indicated in the Design Element have been incorporated into
the proposed retail center building. Examples include awnings, varied building facades,
quality materials, screened utility equipment and parking located behind the building.
(20) Although staff is supportive of the request to construct a commercial retail center, staff
believes the drive - through portion of the request and the associated setback and locational
waivers should be eliminated from the plan as the waivers cannot be justified and the drive -
through lane would not be consistent with the revitalization and character of the downtown
area. An additional item of concern is on -site parking and loading. Although staff is
recommending approval of the requested parking waiver based on the submitted study,
staff independently verified parking counts conducted at the commercial center in the City
of Santa Ana. Staffs parking counts were higher (a peak demand of 21 spaces as opposed
to 17 spaces from the parking study) and in the event that there is shift in demand of any of
the proposed on -site uses, potential on -site parking deficiencies may occur. There are also
adjacent commercial uses that do not contain sufficient parking on -site (Casa Garcia) and
Staff Report to the
Planning Commission
October 31, 2005
Item No. 4
may create a situation where patrons from that restaurant may park at this proposed
commercial center. The current projected demand requires the use of all but three of the
available parking during peak times. Since the current site design does not designate an
area for loading and unloading, there is a potential for circulation conflicts when the center
is busy and the parking lot is full. If there was an adequate surplus of parking, then such
parking may be identified /utilized as a loading area.
(21) Careful consideration has been given to the architectural design of the proposed center and
the architect and owner have worked closely with staff to provide a quality design. The
owner has indicated that the drive - through lane is a necessary part of this project and
would like to move forward with the plan as proposed. Based upon the recommended
denial of waivers (a) and (c), and because the size and shape of the site for the use is not
adequate to allow the full development of the drive - through lane portion of the request in a
manner not detrimental to the particular area or to the health and safety (no loading areas
and inadequate landscaping), staff recommends the Commission continue this request to
allow the redesign of the project to eliminate the drive - through lane and include a loading
area and code - required landscaping-
FINDINGS
(22) Section 18.42.110 of the parking code sets forth the following findings which are required to
be made before a parking waiver is approved by the Planning Commission:
(a) That the waiver, under the conditions imposed, if any, will not cause fewer off - street
parking spaces to be provided for such use than the number of such spaces
necessary to accommodate all vehicles attributable to such use under the normal and
reasonable foreseeable conditions of operation of such use.
(b) That the waiver, under the conditions imposed, if any, will not increase the demand
and competition for parking spaces upon the public streets in the immediate vicinity of
the proposed use.
(c) That the waiver, under the conditions imposed, if any, will not increase the demand for
parking spaces upon adjacent private property in the immediate vicinity of the
proposed use.
(d) That the waiver, under the conditions imposed, will not increase traffic congestion
within the off - street parking areas or lots provided for such use.
(e) That the waiver, under the conditions imposed, will not impede vehicular ingress to or
egress from adjacent properties upon the public streets in the immediate vicinity of the
proposed use.
Unless conditions to the contrary are expressly imposed upon the granting of any waiver
pursuant to this section, the granting of the waiver shall be deemed contingent upon
operation of the proposed use in conformance with the assumptions relating to the operation
and intensity of the use as contained in the Parking Demand Study that formed the basis for
approval of the waiver. Exceeding, violating, intensifying or otherwise deviating from any of
the assumptions as contained in the Parking Demand Study shall be deemed a violation of
the express conditions imposed upon the waiver, which shall subject the waiver to
revocation or modification pursuant to the provisions of Section 18.60200 (City- Initiated
Revocation or Modification of Permits).
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Staff Report to the
Planning Commission
October 31, 2005
Item No. 4
(23) When practical difficulties or unnecessary hardships result from strict enforcement of the
Zoning Code, a modification may be granted for the purpose of assuring that no property,
because of special circumstances applicable to it, shall be deprived of privileges commonly
enjoyed by other properties in the same vicinity and zone. The sole purpose of any waiver
is to prevent discrimination and none shall be approved which would have the effect of
granting a special privilege not shared by other similar properties. Therefore, before any
waiver is granted by the Commission, it shall be shown:
(a) That there are special circumstances applicable to the property such as size,
shape, topography, location or surroundings, which do not apply to other identically
zoned properties in the vicinity; and
(b) That strict application of the Zoning Code deprives the property of privileges
enjoyed by other properties under identical zoning classification in the vicinity.
(24) Before the Commission grants any conditional use permit, it must make a finding of fact
that the evidence presented shows that all of the following conditions exist:
(a) That the use is properly one for which a conditional use permit is authorized by the
Zoning Code, or is an unlisted use as defined in Subsection .030 (Unlisted Uses
Permitted) of Section 18.66.040 (Approval Authority);
(b) That the use will not adversely affect the adjoining land uses or the growth and
development of the area in which it is proposed to be located;
(c) That the size and shape of the site for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area
or to the health and safety;
(d) That the traffic generated by the use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area; and
(e) That the granting of the conditional use permit under the conditions imposed, if any,
will not be detrimental to the health and safety of the citizens of the City of Anaheim.
(25) "The State Subdivision Map Act (Government Code, Section 66473.5) makes it mandatory
to include in all motions approving, or recommending approval of a tract map, a specific
finding that the proposed Subdivision together with its design and improvement is
consistent with the City's General Plan.
(26) Further, the law requires that the Commission make any of the following findings when
denying or recommending denial of a tract map:
1. That the proposed map is not consistent with applicable General and Specific
Plans.
2. That the design or improvement of the proposed subdivision is not consistent with
applicable General and Specific Plans.
3. That the site is not physically suitable for the type of development.
4. That the site is not physically suitable for the proposed density of development.
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Staff Report to the
Planning Commission
October 31, 2005
Item No. 4
5. That the design of the subdivision or the proposed improvements are likely to
cause substantial environmental damage or substantially and avoidably injure fish
or wildlife or their habitat.
6. That the design of the subdivision or the type of improvements is likely to cause
serious public health problems.
7. That the design of the subdivision or the type of improvements will conflict with
easements, acquired by the public at large, for access through or use of property
within the proposed subdivision."
RECOMMENDATION:
(27) Staff recommends that, unless additional or contrary information is received during the
meeting, and based upon the evidence submitted to the Planning Commission, including
the evidence presented in this staff report, and oral and written evidence presented at the
public hearing, the Planning Commission take the following action:
(a) By motion, continue this request to the November 14, 2005, Commission meeting to
allow the applicant to work with staff to redesign the project to eliminate the drive -
through lane, incorporate a loading area into the project, and provide the minimum
code - required landscape setback along Lincoln Avenue.
(28) Should the Planning Commission wish to approve this request, staff recommends that the
Commission incorporate the conditions of approval indicated below based on the finding
that the conditions are reasonably necessary to protect the public health and safety and to
ensure proper operation of this proposed commercial retail center and drive - through coffee
shop:
1. That at no time shall the Starbucks provide lunch service.
2. That the Subway sandwich shop shall not open prior to 11 a.m.
3. That no additional restaurant/food service uses shall be allowed beyond what is
indicated on the approved plan.
4. That if the Starbucks or Subway uses change, an updated parking study shall be
provided to the Planning Services Division for review and approval by staff to
determine whether the assumptions contained in the original parking study are still
valid. Any decision by staff may be appealed to the Planning Commission as a
"Reports and Recommendations" item.
5. That no video, electronic or other amusement devices shall be permitted on the
premises.
6. That all public phones shall be located inside the building.
7. That adequate lighting of parking lots, driveway, circulation areas, aisles,
passageways, recesses and grounds contiguous to buildings shall be provided with
lighting of sufficient wattage to provide adequate illumination to make clearly visible
the presence of any person on or about the premises during the hours of darkness
and provide a safe, secure environment for all persons, property, and vehicles on-
site. Said lighting shall be directed, positioned and shielded in such a manner so as
not to unreasonably illuminate the window areas of the adjacent residential
properties. Light fixtures shall be decorative and a maximum of 12 -feet in height.
Page 11
Staff Report to the
Planning Commission
October 31, 2005
Item No. 4
Said information shall be specifically shown on plans submitted for Police
Department, Community Services Division approval.
8. That all trash generated from the commercial retail center shall be properly contained
in trash bins located within approved trash enclosures. The number of bins shall be
adequate and the trash pick -up shall be as frequent as necessary to ensure the
sanitary handling and timely removal of refuse from the property. The Community
Preservation Division of the Planning Department shall determine the need for
additional bins or additional pick -up. All costs for increasing the number of bins or
frequency of pick -up shall be paid by the business owner.
9. That any tree or other landscaping planted on -site shall be replaced in a timely
manner in the event that it is removed, damaged, diseased and /or dead.
10. That no roof - mounted balloons or other inflatable devices shall be permitted on the
property.
11. That no outdoor vending machines shall be permitted on the property.
12. That 4 -foot high street address numbers shall be displayed on the roof of the building
in a color that contrasts with the roof material. The numbers shall not be visible from
the streets or adjacent properties. Said information shall be specifically shown on
plans submitted for building permits.
13. That there shall be no outdoor storage permitted on the premises.
14. That the property owner shall submit a letter to the Planning Services Division
requesting termination of Conditional Use Permit No. 720 (to permit an existing
service station within 75 feet of residential zone and not at an intersection of two
arterials).
15. That roof - mounted equipment shall be screened from view in accordance with the
requirements of Anaheim Municipal Code Section 18.38.170 pertaining to the C -G
(General Commercial) Zone. Said information shall be specifically shown on plans
submitted for building permits.
16. That the property shall be permanently maintained in an orderly fashion by the
provision of regular landscaping maintenance, removal of trash or debris, and
removal of graffiti within twenty four (24) hours from time of occurrence.
17. That the number of tenant spaces for this commercial retail center shall be limited to
three (3). Said information shall be specifically shown on plans submitted for building
permits.
18. That final sign plans shall be submitted to the Planning Services Division for review
and approval as to placement, design and materials of all proposed on -site signage.
The signage shall be designed to complement the architecture of the commercial
retail center. Any decision by staff may be appealed to the Planning Commission as
a "Reports and Recommendations" item.
19. That all backflow equipment shall be located above ground and 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 area in a manner fully screened from all public streets and alleys. Said
information shall be specifically shown on plans and approved by the Water
Engineering Department.
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Staff Report to the
Planning Commission
October 31, 2005
Item No. 4
20. That all requests for new water services or fire lines, as well as any modifications,
relocations, or abandonments of existing water services and fire lines, shall be
coordinated through Water Engineering Division of the Anaheim Public Utilities
Department.
21. That since this project has a landscaping area exceeding 2,500 square feet; a
separate irrigation meter shall be installed in compliance with Chapter 10.19 of the
Anaheim Municipal Code. Said information shall be specifically shown on plans
submitted for building permits.
22. That all existing water services and fire lines shall conform to current Water Service
Standards Specifications. Any water service and /or fire line that does not meet
current standards shall be upgraded if continued use if necessary or abandoned if
the existing water service is no longer needed. The owner /developer shall be
responsible for the costs to upgrade or to abandon any water service of fire line.
23. That the legal property owner shall irrevocably offer to dedicate to the City of
Anaheim, Water Engineering Division) an easement twenty (20) feet in width for
water service mains and /or an easement for large meters and other public water
facilities.
24. That prior to the 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.
• Incorporates Treatment Control BMPs as defined in 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 Treatment Control
BMPs.
25. 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 Projects
WQMP are available onsite.
• Submit for review and approval by the City an Operation and Maintenance Plan
for all structural BMPs.
26. That the City of Anaheim Sewer Impact Mitigation fee for the Old Town/ Basin 8 Area
shall be paid.
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Staff Report to the
Planning Commission
October 31, 2005
Item No. 4
27. That the final map shall be submitted to and approved by the City of Anaheim and
the Orange County Surveyor and then shall be recorded in the Office of the Orange
County Recorder (Subdivision Map Act, Section 66499.40).
28. That the curb radius at Lincoln Avenue and Carleton Avenue shall be designed with a
25' radius and a sidewalk access ramp w/ truncated domes per Public Works
Standard Detail 111. The existing radius and ramp shown on the site plan do not
conform to City standards. Said information shall be specifically shown on plans
submitted for building permits.
29. That prior to grading plan approval, the applicant shall submit a Drainage Study
prepared by a registered professional Civil Engineer in the State of California. The
Study shall be based upon and reference the latest edition of the Orange County
Hydrology Manual and the applicable City of Anaheim Master Plan of Drainage for
the project area. All drainage sub -area boundaries per the Master Plan for Drainage
shall be maintained. The Study shall include: an analysis of 10 and 100 -year storm
frequencies; an analysis of all drainage impacts to the existing storm drain system
based upon the ultimate project build -out condition; and address whether off -site and/
or on -site drainage improvements (such as detention/ retention basins or surface
runoff reduction) will be required to prevent downstream properties from becoming
flooded.
30. That the developer shall submit improvement plans to the Public Works Department,
Development Services Division to improve right of way with the installation of street
trees and irrigation on Lincoln Avenue and Carleton Street in conformance with
Public Works Standard Detail 110 and the Department of Public Works Landscape
and Irrigation Manual for Public Streets, Highway, Right -of -way and Easements.
Landscaping and irrigation in the public right -of -way along Lincoln Avenue and
Carleton Street shall be connected to the on -site irrigation system and maintained by
the property owner.
31. That a performance bond shall be posted to guarantee installation of right -of -way
improvements in an amount approved by the City Engineer and a form approved by
the City Attorney prior to final map approval. A Right of Way Construction Permit
shall be obtained from the Development Services Division for all work performed in
the right -of -way. The improvements shall be constructed prior to final building and
zoning inspections.
32. That the alley shall be improved per Public Works Standard Detail No. 131 (10- foot '' /z
width measured from the alley centerline.) Said information shall be specifically
shown on plans submitted for building permits.
33. That the property owner shall irrevocably offer to dedicate to the City of Anaheim an
easement 51 feet in width (10 -feet total r/w behind curb is required, therefore 1 foot
additional dedication from existing right -of -way is necessary) from the construction
centerline of Lincoln Avenue for road, public utilities and other public purposes.
Corner cut -off dedication at Carleton Street and Lincoln Avenue is also required. No
additional right -of -way dedication is required on Carleton Street. A 3 -foot additional
dedication is required along the alley frontage (existing '' /z width is shown to be 7 -feet
on the site plan.) All irrevocable offers of dedication shall be made on the final map.
34. That a title report is required to confirm existing property lines and right -of -way
dedication.
35. That the locations for future above - ground utility devices including, but 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
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Staff Report to the
Planning Commission
October 31, 2005
Item No. 4
screening, color of walls, materials, identifiers, access points, etc.). Said information
shall be specifically shown on plans submitted for building permits.
36. That any required relocation of City electrical facilities shall be at the developer's
expense.
37. That plans shall be submitted to the Traffic and Transportation manager for his
review and approval showing conformance with Engineering Standard No. 115
pertaining to sight distance visibility for the monument sign and wall /fence location.
38. That the property owner /developer shall provide the City of Anaheim with a public
utilities easement to be determined as electrical design is completed.
39. That plans shall be submitted to the Planning Services Divisionfor review and
approval in conformance with the current version of Engineering Standard Plan Nos.
436, and 470 pertaining to parking standards and driveway location. Subject
property shall thereupon be developed and maintained in conformance with said
plans.
40. That the drive - through lane shall be designed to meet the radius standards (minimum
16 feet interior and 26 feet outer radius). Said information shall be specifically shown
on plans submitted for building permits.
41. That a plan sheet for solid waste storage, collection and a plan for recycling shall be
submitted to the Public Works Department, Streets and Sanitation Division for review
and approval.
42. That trash storage areas shall be provided and maintained in a location acceptable to
the Public Works Department and in accordance with approved plans on file with said
Department. Said storage areas shall be designed, located and screened so as not
to be readily identifiable from adjacent streets or highways. The walls of the storage
areas shall be protected from graffiti opportunities by the use of plant materials such
as minimum one - gallon size clinging vines planted on maximum three -foot centers or
tall shrubbery. Said information shall be specifically shown on the plans submitted
for building permits.
43. That the project shall provide for truck deliveries on -site. Such information shall be
specifically shown on plans submitted for building permits.
44. That an Emergency Listing Card, Form ADP -281 shall be completed and submitted in
a completed form to the Anaheim Police Department.
45. That final elevation plans shall be submitted to the Planning Services Division. Said
plans shall be designed to preclude the visibility of interior storage for the individual
tenants from Lincoln Avenue. Any decision by staff may be appealed to the Planning
Commission as a "Reports and Recommendations" item.
46. That all plumbing or other similar pipes and fixtures located 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.
47. That a final landscape plan shall be submitted to the Planning Services Division for
review and approval. Said plans shall specify the following:
• The size, type, and location of all trees, shrubs, and ground cover proposed for
the site.
• Minimum 24 -inch box sized trees, and clinging vines along all perimeter block
walls and landscaped fingers every ten (10) parking stalls.
Page 15
Staff Report to the
Planning Commission
October 31, 2005
Item No. 4
• A three -foot high solid hedge along the interior side of the landscape setback
adjacent to the drive - through lane.
• Trees within the parking area evenly distributed within all proposed landscaped
fingers.
Any decision by staff may be appealed to the Planning Commission as a "Reports
and Recommendations" item.
48. That the subject property shall be developed substantially in accordance with the
plans and specifications submitted to the City of Anaheim by the petitioner and which
plans are on file with the Planning Department Exhibit Nos. 1 through x, and as
conditioned herein.
49. That prior 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. 7, 12, 14, 15, 17, 18,
19, 21, 22, 23, 28, 30, 31, 32, 34, 35, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, and 47
above mentioned, shall be complied with. Extensions for further time to complete
said conditions may be granted in accordance with Section 18.60.170 of the Anaheim
Municipal Code.
50. That prior to issuance of a grading permit, or within a period of one (1) year from the
date of this resolution, whichever occurs first, Condition Nos. 24 and 29 shall be
complied with. Extensions for further time to complete said conditions may be
granted in accordance with Section 18.60.170 of the Anaheim Municipal Code.
51. That prior to final building and zoning inspections, Condition Nos. 20, 25, and 48,
above mentioned, shall be complied with. Extensions for further time to complete
said conditions may be granted in accordance with Section 18.60.170 of the Anaheim
Municipal Code.
52. 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.
Page 16
SECTION 4
APPLICANT'S STATEMENT OF Attachment - Item No. 4
jUST WICATION FOR A P REQUIRED FOR ER
O WAIVER)
R
REQUEST FOR WAIVER OF CODE SECTION:
statement is required for
PERTAINING TO:
Sections 18.74.060 of the Anaheim Municipal Code requires that before any variance or Code waiver may be granted by the
Zoning Administrator or Planning Commission, the following sball be shown:
I . es applicable to the property, including size, shape, topography, location or
That there are special circumstanc
surroundings, which do not apply to other property
under identical zoning classification in the vicinity; and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
of the f q g regarding property for which a variance is sought, fully
arrive at a decision, please answer each questions to g attach additional a g es.
and as completely as possible. If you need additional space, you ma y P
I . Are there special circumstances that apply to the property in matters such as size, shape, topography, location or
surroundings? ,X Yes — No.
If your answer is "Yes," describe the special circumstances:
2. A the special circumstances J that apply to the property different from other properties in the vicinity which are in the
same zone as your properly? .A Yes _ No
if your answer is "yes," describe how the property is different:
3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? � Yes No
If vnur answer if "ves." describe the special circumstances:
4.
EXPLAIN
The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone
which is not otherwise expressly authorized by zone regulations governing subject property. Use variances are not permitted.
r
Stgnatu rroperry Owner or Autho zed Apni Date
CONDITIONAL USE PERMrr/VARIANCE NO.
Were the special circumstances created by causes beyond the control of the property owner (or previous property
owners)? Pes _No
• • SECTION 4
APPLICANT'S STATEMENT OF
JUSTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIRED FOR PARKING WAIVER)
REQUEST FOR WAIVER OF CODE SECTION: to separate statement is required for each Code waiver)
PERTAINING TO:
Sections 18.74.060 of the Anaheim Municipal Code requires that before any variance or Code waiver may be granted by the
Zoning Administrator or Planning Commission, the following shall be shown:
1. That there are special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to detemune if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages.
Are there special circumstances that apply to the property in matters such as size, shape, topography, location or
surroundings? A Yes _ No.
t r
If your answer is "Yes," describe the special circumstances: hr. {s t t a5t 6c ram d
2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the
same zone as your property? >( Yes : ` No
If your answer is "yes," describe how the property is different:
3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? y XYes No
if vnnr answer if "vec" describe the special circumstances:
4.
EXPLAIN C.l CC.i - rz,,.4 4 -9 haet cp.6cicJ
The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone
which is not otherwise expressly authorized by zone regulations governing subject property. Use variances are not permitted.
-Srb?tature erty Owner or Authorized Agent Date
CONDITIONAL USE PERMITNARIANCE NO.
cur uo. )nnS .. n c fl
Were the special circumstances created by causes beyond the control of the property owner (or previous property
owners)? -,.Yes _No
Ll
Letter of Operation
August 11, 2005
Lincoln and Carlton Center
1131 W Lincoln
Anaheim, Ca
Starbucks Drive Thru 2000 sq. ft Unit 103
5 AM - 6 AM Total of 1 Employee including working Supervisor
6 AM - 9 AM Total of 3 Employees including working Supervisor
9 AM - 12 AM Total of 2 Employees including working Supervisor
Open 7 Days
Subway Sandwich 1000 N. It Unit 101
8- 11 AM Total of 1 Employee including working Supervisor
11 AM - 3 PM Total of 2 Employees including working Supervisor
3 PM — 6 PM Total of I Employee including working Supervisor
6 PM —10 PM Total of 2 Employees including working Supervisor
Open 7 Days
Retail 865 sq. ft Unit 102
8 AM - 10 PM Total of I Employee including working Supervisor
Open 7 Days
bur
Item No. 4
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Calvada Development, Inc.
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R r Y 42
Conditional Use Permit No. 2005 -05031 Subject Property
Date: October 31, 2005
Scale: 1"=200'
Requested By: MARK GHASSEMI Q -S- No- 95
REQUEST TO PERMIT AND RETAIN AN EXISTING OUTDOOR STORAGE AREA AND TO INSTALL
AN OVERHEAD CRANE TO LOAD TRUCKS WITH SLAB MATERIALS IN CONJUNCTION WITH AN
EXISTING WHOLESALE BUILDING MATERIAL (STONE) DISTRIBUTION BUSINESS WITH WAIVER
OF MINIMUM NUMBER OF PARKING SPACES-
301 East Ball Road - 011in International, Inc-
2034
Staff Report to the
Planning Commission
October 31, 2005
Item No. 5
5a. CEQA NEGATIVE DECLARATION (Motion for continuance)
5b. WAIVER OF CODE REQUIREMENT
5c. CONDITIONAL USE PERMIT NO. 2005 -05031
SITE LOCATION AND DESCRIPTION:
(1) This irregularly- shaped, 0.93 -acre property has a frontage of 150 feet on the north side of
Ball Road, a maximum depth of 295 feet, and is located 333 feet east of the centerline of
Technology Drive (301 East Ball Road - 011in International, Inc.)
REQUEST:
(2) The applicant requests to permit and retain an existing outdoor storage area and to install
an overhead crane to load trucks with slab materials in conjunction with an existing stone
distribution business under authority of Code Section 18.10.030.010 with waiver of the
following:
(a) SECTION NO. 18.42.040.010
Minimum number of parking spaces (34
required, 18 proposed)
BACKGROUND
(3) This property is developed with an existing warehouse and showroom for a wholesale
building material (stone) distribution business and is zoned I (Industrial). The Anaheim
General Plan designates this property and all surrounding properties for General
Commercial land uses.
(4) The applicant, Patrick Andersen, has submitted the attached letter dated October 20, 2005,
requesting a continuance to the November 14, 2005, Commission meeting in order to
complete revisions to the submitted parking study.
PREVIOUS ZONING ACTIONS:
(5) Conditional Use Permit No. 1222 (to permit an automobile frame and body repair shop in
the M -1 zone) was approved by the Planning Commission on February 22, 1971.
RECOMMENDATION:
(6) That the Commission, by motion, continue this item to the November 14, 2005, Planning
Commission meeting.
Sr- cup2005- 05031(cont)jpr
Page 1
file: / //HI/REPORTS/ Cases / Conditional% 2OUse% 2OPemft/CUP2005- 05 ... ooi%20C=eo /o20 " /o20301 %20E. %20Ba11 %20Road %20 " /o20Continu ce.htm
From: Patrick Andersen [PAndersen @waremalcomb.com]
Sent: Thursday, October 20, 2005 9:28 AM Attachment -Item No. 5
To: John Ramirez
Subject: 011in International Outdoor Crane - 301 E. Ball Road
John,
We would like to request a continuance from the October 31 Planning Commission Meeting to the
November 14 Planning Commission Meeting to complete the revisions requested to the Parking
Analysis. Please let me know if there are any problems with this.
Thank You,
Patrick
Patrick R. Andersen
Project Architect
p 949.660.9128
f 949.863.1581
c 714.381.3732
e pandersen@waremalcomb.com
WARE MALCOMB
Leading Design for Commercial Real Estate
waremalcomb.com
file: / //IIVREPORTS/ Cases / Conditional %2OUse %2OPemiiUC ... neo /o20 " /02 03 0 1 %20E. %20Ba11 %20Road %20 " /o20Cmtinumee.html0 /24/2005 6:28:33 AM