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PC 2005/11/14Anaheim Planning Commission Agenda Monday, November 14, 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 12:30 P.M. • Workshop on the Alcoholic Beverage Control (ABC) Process • Staff update to Commission on various City developments and issues (As requested by Planning Commission) • Preliminary Plan Review for items on the November 14, 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 (caanaheim.net H: \docs \clerical \agendas \111405.doc (11/14/05) Page 1 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 NO. 3978 (Tracking No. CUP2005- 05026) Agent: Cindi R. Galfin, Executive Vice President, 1301 East Orangewood Avenue, Anaheim, CA 92805 Location: 1235 South Beach Boulevard: Property is approximately 4.5 acres, having a frontage of 325 feet on the west side of Beach Boulevard and is located 330 feet south of the centerline of Ball Road (Pick Your Part) Request to terminate Conditional Use Permit No. 3978 (to construct a 2 -story, 3,460 square foot building for automotive glass and stereo alarm sales and installation and a walk -up restaurant with outdoor dining). Termination Resolution No- 1 B. (a) (b) H Agent: Anaheim Redevelopment Agency, 201 South Anaheim Boulevard, Anaheim, CA 92805 Location: 1501 West Lincoln Avenue: Property consists of multiple properties with a combined area of approximately 329 acres, located on the northeast corner of Lincoln Avenue and Loara Street (Anaheim Chevrolet). Requests a retroactive extension of time to comply with the conditions of approval to establish an automotive sales dealership with automotive repair, and to replace an existing legal nonconforming freestanding (monopole) telecommunications facility with a temporary telecommunications facility. H: \docs \clerical \agendas \111405.doc Project Planner: Qnixon @anaheim.net) Q. S. 11 Project Planner: (dsee @anaheim.net) Q. S. 53 (11/14/05) Page 2 1C.(a) CEQA NEGATIVE DECLARATION (PREVIOUSLY - APPROVED) (b) GENERAL PLAN AMENDMENT NO. 2004 -00421 (c) RECLASSIFICATION NO. 2004 -00137 (d) VARIANCE NO. 2004 -04633 (Tracking No. VAR2005- 04671) (e) TENTATIVE TRACT MAP NO. 16794 Agent: Yadvinder S. Virk, Castle Development, LLC, 9017 Harvard Avenue, Buena Park, CA 90620 Location: 502 South Harbor Boulevard: Property is approximately Project Planner: 1.2 acres, located on the southeast corner of Harbor Boulevard and (avazquez @anaheim.net) Santa Ana Street. Q. S. 73 Request for approval of final site, floor, elevation and fencing plans for a 7 -unit single family residential subdivision. 1D.(a) CEQA EXEMPTION 15061 (b)(3) (b) RECLASSIFICATION NO. 2005 -00169 Agent: Anaheim Redevelopment Agency, 201 South Anaheim Boulevard, Anaheim, CA 92805 Location: Portion A - 516 East Santa Ana Street and 500 - 610 South Olive Street: Property is approximately 24.2 acres located at the southeast corner of Santa Ana Street and 1,600 feet on the east side of Olive Street (Kwikset and APW sites). Portion B — 525 - 727 East South Street and 500 - 558 South Atchison Street: Property is 16.7 acres, having frontages of 455 feet on the north side of South Street and the south side of Santa Ana Street. City- initiated (Community Development Department) request to initiate Project Planner: reclassification of Portion Afrom the I (Industrial) zone to the RM -3 (dsee @anaheim.net) (Multiple - Family Residential) zone, and Portion B from the I (Industrial) zone to the RM -4 (Multiple - Family Residential) zone. Q. S. 84, 94 Receiving and approving the Minutes from the Planning Commission Meeting of October 3, 2005 (Motion) Continued from the October 31, 2005 Planning Commission meeting. Receiving and approving the Minutes from the Planning Commission Request for Meeting of October 31, 2005 (Motion) continuance to November 28, 2005 H: \docs \clerical\agendas \111405.doc (11/14/05) Page 3 2a. CEQA NEGATIVE DECLARATION (PREVIOUSLY - APPROVED) 2b. CONDITIONAL USE PERMIT NO. 4023 (Tracking No. CUP2005- 05036) Owner: Ha Kee Whan, 3240 Wilshire Boulevard, Suite 570, Los Angeles, CA 90076 Agent: Santiago Cervantes, 834 East Orangethorpe Avenue, Anaheim, CA 92801 Location: 837 East Orangethorpe Avenue: Property is approximately 0.8 -acre and is located at the northwest corner of Orangethorpe Avenue and Orangethorpe Park (a private street) (S. Cervantes Tires). Request for reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on May 22, 2000 to expire May 22, 2005) to retain a 3,000 square foot tire sales, repair and installation facility. Conditional Use Permit Resolution No. 3a. CEQA NEGATIVE DECLARATION 3b. WAIVER OF CODE REQUIREMENT 3c. 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 waiver of minimum number of parking spaces. Continued from the October 31, 2005, Planning Commission meeting. Conditional Use Permit Resolution No. H: \docs \clerical \agendas \111405.doc Project Planner: (dherrick@anaheim. net) Q.S. 80 Project Planner: Q pramirez@anaheim. net) Q.S. 95 (11/14/05) Page 4 4a. CEQA NEGATIVE DECLARATION 4b. WAIVER OF CODE REQUIREMENT 4c. CONDITIONAL USE PERMIT NO. 3902 (READVERTISED) (Tracking No. CUP2005- 05022) Owner: Bhupinder S. Mac, 20021 Ventura Boulevard, Woodland Hills, CA 91368 Agent: Andrew Paszterko, 2055 North Alvarado Street, Los Anaheim, CA 90039 Location: 1200 South Harbor Boulevard: Property is approximately 0.98 -acre and is located at the southeast corner of Harbor Boulevard and Ball Road. Request to construct a coffee shop (Starbucks) and to establish a commercial retail center (with offices) in conjunction with an existing service station with accessory convenience market with beer and wine for off - premises consumption and a 2,000 square foot drive through fast food restaurant with waivers of (a) minimum structural and landscaped setback adjacent to a local street, (b) required dedication and improvement for local street, and (c) minimum number of parking spaces. Project Planner: a pramirez @anaheim. net) Continued from the October 3, 2005, Planning Commission meeting. Q.S. 86 Conditional Use Permit Resolution No. 5a. CEQA ENVIRONMENTAL IMPACT REPORT NO. 313 (PREY. -CERT 5b. WAIVER OF CODE REQUIREMENT 5c. CONDITIONAL USE PERMIT NO. 2006.05038 Owner: City of Anaheim, Attn: Ron Pickett, Public Works Department, 200 South Anaheim Boulevard, Anaheim, CA 92805 Agent: Ken Agharokh, 1431 Warner Avenue, Suite A, Tustin, CA 92870 Location: 131 West Katella Avenue: Property is approximately 0.87 - acre and is located at the northeast corner of Katella Avenue and Zeyn Street. Request to permit a 5,040 square foot temporary sales trailer for a Project Planner: previously- approved timeshare resort with waivers of (a) location of Qdadant @anaheim.net) parking areas, and (b) required improvement of parking areas- Q.S. 87 Conditional Use Permit Resolution No. H: \docs \clerical \agendas \111405.doc (11/14/05) Page 5 6a. CEQA CATEGORICAL EXEMPTION - CLASS 1 6b. WAIVER OF CODE REQUIREMENT 6c. CONDITIONAL USE PERMIT NO. 2005 -05039 Owner: F & L Partners, 2415 Campus Drive, Suite 130, Irvine, CA 92612 Agent: Richard Cowan, Marina Landscape, Inc. 1100 East Katella Avenue, Anaheim, CA 92805 Location: 917 East Gene Autry Way: Property is approximately 2.3 acres and is located at the southeasterly corner of Lewis Street and Anaheim Way. Request to permit an outdoor storage yard with accessory equipment and vehicle maintenance with waiver of required screening of outdoor storage. Conditional Use Permit Resolution No. Project Planner: (avazq uez @anahei m. net) Q.S. 108 Adjourn To Monday, November 28, 2005 at 1:00 P.M. for Preliminary Plan Review. H: \docs \clerical\agendas \111405.doc (11/14/05) Page 6 �3� :ilily[aeiilN7►Nl�1�>~�ill►[r I hereby certify that a complete copy of this agenda was posted at: 3:00 p.m. 11 -10 -05 (TIME) (DATE) Ill Ill i! Ill0 yl111115il :r_1 LTA I:3q:4U61NI_ viffiLF9MW_10 IU CK011JI[a]IND]61N Ill 410);1[4 SIGNED: (Original Siqned 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- 766.5139. SCHEDULE 2005 December 12 December 28 (Wed) H: \docs \clerical \agendas \l 11405.doc (11/14/05) Page 7 ITEM NO. 1 -A Q J Z " I L J GRS_2 RCL 98- _ W 1 DU EACRL 5F57 -59 RCL 5�6 -57 -59 LC RCL 56- CUP 1243 SMALL SHOPS LNDY'S o SMALL SHOPS FLOWER VAR 2934 BALL ROAD 1 G RCL 28930]046 I I RCL S &5¢1W RCL6�L2 -04 VAR 2685 cu P 2aosaaaa� W3 RM -2 CUP 1644 C -G cu P 26:_ RCL 2603 RCL 64 -65 -95 cuP 2a_ RGL 62+ RCL 82 -8331 C -G - cuP iam RCL 57- CUP2775 o vAR i.1b. T -GOP 2W RGL7"0,10 MED. RCL 62 -63 -73 M VAR 33 OFFICE CUP 2632 REST. M T- CUP CONDOS CUP 1964 IY RCL 288b8om8 GO P 2 12 DU C-G Q RCL6t62 -14 GOP 1 CL 56 -59 -109 TLUP2( 07 GOP`. I I UP 2004-04857 BEACH - BALL PG � T - c � 4 (RCL56- RCL -11 95 W SHOPF I I VAR 2685 SHOPPING CENTER 64 -65 -11 J VARP814�S GENT 2 DU CUP 1363 lR�sVsUl C -G (MHP) RCL 82 -83-28 RCL 56 -57 -44 MOBILE HOME PARK C -G RCL 56 -57-44 VAR 2211 S VAR 891 S HOBBY CITY Conditional Use Permit No. 3978 Subject Property TRACKING NO. CUP2005 -05026 Date: November 14, 2005 Scale: 1"=200' Requested By: CINDI R. GALFIN Q.S. No. 11 REQUEST TO TERMINATE CONDITIONAL USE PERMIT NO. 3978 (TO CONSTRUCT A 2- STORY, 3,460 SQUARE FOOT BUILDING FOR AUTOMOBILE GLASS AND STEREO ALARM SALES AND WALK -UP RESTAURANT WITH OUTDOOR DINING). 1235 South Beach Boulevard - Pick Your Part 2068 O m U Q W m N M West 621;0 T(MHP) RCL 82 -83 -28 CUP 763 C-G VAR 1832 RCL 92 -93 -09 CUP 51 MOBILE RCL 68-69 -11 CUP 2625 HOME T -CUP 2005 -05026 VAR 2001 PARK T -CUP 2 00 5 -0 50 12 EIR 312 CUP 2003 -04815 (RCL 80- 81 -21) CUP 3978 (CUP 2164) CUP 3608 PICK YOUR PART C -G (MHP) RCL 82 -83-28 RCL 56 -57 -44 MOBILE HOME PARK C -G RCL 56 -57-44 VAR 2211 S VAR 891 S HOBBY CITY Conditional Use Permit No. 3978 Subject Property TRACKING NO. CUP2005 -05026 Date: November 14, 2005 Scale: 1"=200' Requested By: CINDI R. GALFIN Q.S. No. 11 REQUEST TO TERMINATE CONDITIONAL USE PERMIT NO. 3978 (TO CONSTRUCT A 2- STORY, 3,460 SQUARE FOOT BUILDING FOR AUTOMOBILE GLASS AND STEREO ALARM SALES AND WALK -UP RESTAURANT WITH OUTDOOR DINING). 1235 South Beach Boulevard - Pick Your Part 2068 O m U Q W m N M West Staff Report to the Planning Commission November 14, 2005 Item No. 1 -A 1 -A. REPORTS AND RECOMMENDATIONS a. CONDITIONAL USE PERMIT NO. 3978- REQUEST FOR TERMINATION (Resolution) (Tracking No. CUP2005- 05026) SITE LOCATION AND DESCRIPTION: (1) This rectangularly- shaped, 4.5 -acre property has a frontage of 325 feet on the west side of Beach Boulevard, a maximum depth of 621 feet and is located 330 feet south of the centerline of Ball Road (1235 South Beach Boulevard- Pick Your Part) REQUEST: (2) The Executive Vice President of Pick Your Part Auto Wrecking, Cindi R. Galfin, has submitted the attached letter dated July 08, 2005, requesting termination of Conditional Use Permit No. 3978. BACKGROUND: (3) This property is developed with an automotive recycling business, is zoned CG (General Commercial) and is designated for Neighborhood Commercial land uses on the Anaheim General Plan Land Use Element Map. This property is also located within the West Anaheim Commercial Corridors Redevelopment Project Area. (4) Conditional Use Permit No. 3978 (to construct a 2 -story 3,460 SF building for automobile glass and stereo alarm sales and installation and a walk up restaurant with outdoor dining) was approved by the Planning Commission on October 27, 1997. (5) Condition of approval no. 28 of Resolution No. PC2004 -7 for Conditional Use Permit No- 2003-04815 (to permit and construct a new automobile glass, stereo and alarm sales installation building in conjunction with an existing automotive recycling business) requires the termination of Conditional Use Permit No. 3978. (6) The Executive Vice President is requesting termination of this Conditional Use Permit on behalf of the property owner since this entitlement is for the former business and is no longer needed- RECOMMENDATION (7) Staff recommends that, unless additional or contrary information is received during the hearing, 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 Commission, by resolution, terminate Conditional Use Permit No. 3978 as requested by the applicant. sr- cup3978jn.doc Page 1 [DRAFT] RESOLUTION NO. PC2005 - * ** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 3978 (1235 SOUTH BEACH BOULEVARD) WHEREAS, on November 24, 1997 Conditional Use Permit No. 3978 was granted under Resolution No. PC 97 -167 by the Anaheim Planning Commission to construct a 2 -story, 3,460 square foot building for automotive glass and stereo alarm sales and installation and a walk -up restaurant with outdoor dining. WHEREAS, Cindi Galfin, Executive, has submitted a letter requesting termination of Conditional Use Permit No. 3978 to comply with the conditions of approval for Conditional Use Permit No. 2003 -04815 under Resolution No. PC2004 -7. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby terminate all proceedings in connection with Conditional Use Permit No. 3978 on the basis that the entitlement is no longer needed. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 14, 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 r_llim6ti SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION 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 November 14, 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 Cr1PC2005- -1- PC2005- Tracking No. CUP2005 -05026 Attachment - R &R 1 -A a CORPORATE OFFICES 1301 E. Orangewood Anaheim, CA 92805 (714) 385 -1522 Facsimile & Mailed July 8, 2005 City of Anaheim Planning Department 200 S. Anaheim Blvd Anaheim, CA 92805 Attn: AmyVazquez RE: Conditional Use Permit No. 2003 -04815 Approved January 12, 2004 Dear Ms. Vazquez: This letter pertains to the above - referenced Conditional Use Permit to construct a building for automobile glass, stereo and alarm installation. Pursuant to your request in your letter dated March 3, 2005, Pick Your Part Auto Wrecking hereby notifies the City of Anaheim that we are terminating Conditional Use Permit No. 3 97 8. Please be advised that Pick Your Part Auto Wrecking will be filing for a short extension by July 12` We should have everything completed on this project no later then July 30, 2005. Thank you for you assistance with this matter. Sincerely, Cindi R. Galfin Executive Vice President CC: Glenn McElroy Chris McElroy Paul Segal Roy Ray — Imagine That Architecture City of Anaheim — Zoning Department Printed on Recycled Paper ITEM NO. 1 -A \ RCL 71746 I RCL 58 -59 -51 m I-AW CUP 2003 -04663 ° OFFICES CUP 3434 O , o m m C -G __ OFFICE mw CUP 333E BLDG. U J U OFFICE U LL BLDG. w'�SHI O SgNTq A NA FRF�wq y(1 -5 RF q � F/u � F r v zpp � z o POp aai °>a8 eMS1 I NIANCH TE ES rLUP 2113-04790 R ASE T -CUP 2102 -04539 CUP 2001 -04333 MR Rv SMALL IN O_ C� FIRMS RCL4 &50 -5 0 F: CUP 2001-N494 C� E C o CUP 3831 RCL 49 -50 -5 INO. FIRM CUP 1949 ( CUP ) T C -G o D fc C -G RCL �m RJi% Q RCL 49 -50.5 AFTC T -RCL 2004 -00133 60-61-105 L9oo 2 O cuP weal REPAIR CUP 2004 -04847 RCL4GV50 -5 FENCE Um RCL 4V505 1346) TLUP 2005 -05044 (VAR 25M CO. Ef C-G C -G CG TLUP 2004 -04900 (VAR 2052) UQ RCL49 -50.5 RCL 49 -50 -5 RCL 60$1 -105 CUP100 VACANT VACANT VAR 1097 S VACANT CUP 1611 SMALL COMMERCIAL FIRMS f� 460' LINCOLN AVENUE m mm RCL 66 -67 -14 �N USN RCL 56 -57 -66 VACANT CL VAR 1988 S RCL 78 -79-36 �a tt> MACHINERY- VAR 2932 ~ CUP 2239 MI LU WOODSHOP SMALL AUTO- RELATED ML LS FORD uJ I COMMERCIAL FIRMS AUTO REPAIR CH F SHOP RCL 64 -65 -53 1n VAR 2520 S I MILLS FORD RCL 56 -57 -86 (CUP 5581 SMALL IND. FIRMS VLANI ^T J EMBASSY ST n c G� Conditional Use Permit No. 2004 -04847 Subject Property TRACKING NO. CUP2005 -05044 Date November 14, 2005 Scale 1"=200' Requested By ANAHEIM REDEVELOPMENT AGENCY Q.S. No. 53 REQUESTS A RETROACTIVE EXTENSION OF TIME TO COMPLY WITH THE CONDITIONS OF APPROVAL TO ESTABLISH AN AUTOMOTIVE SALES DEALERSHIP WITH AUTOMOTIVE REPAIR, AND TO REPLACE AN EXISTING LEGAL NONCONFORMING FREESTANDING (MONOPOLE) TELECOMMUNICATIONS FACILITY WITH ATEMPORARY TELECOMMUNICATIONS FACILITY. 1501 West Lincoln Avenue - Anaheim Chevrolet 2072 Staff Report to the Planning Commission November 14, 2005 Item No. 1 -B 1 -B. REPORTS AND RECOMMENDATIONS a. CEQA NEGATIVE DECLARATION (PREVIOUSLY - APPROVED) (Motion) b. CONDITIONAL USE PERMIT NO. 2004 -04847 — REQUEST FOR A RETROACTIVE TIME EXTENSION TO COMPLY WITH CONDITIONS OF APPROVAL (Motion) (TRACKING NO. CUP2005- 05044) SITE LOCATION AND DESCRIPTION: (1) The irregularly- shaped site consists of multiple properties with a combined area of approximately 329 acres, is located at the northeast corner of Lincoln Avenue and Loara Street, and has frontages of 460 feet on the north side of Lincoln Avenue and 210 feet on the east side of Loara Street (1501 West Lincoln Avenue - Anaheim Chevrolet). REQUEST: (2) The Community Development Department requests a retroactive extension of time to comply with the conditions of approval to establish an automotive sales dealership with automotive repair, and to replace an existing legal nonconforming freestanding (monopole) telecommunications facility with a temporary telecommunications facility under authority of Code Section No. 18.60.170. BACKGROUND: (3) Conditional Use Permit No. 2004 -04847 (to establish an automotive sales dealership with automotive repair and a freeway- oriented sign, and to replace an existing legal nonconforming freestanding (monopole) telecommunications facility with a temporary telecommunications facility with waivers of minimum landscape and structural setback abutting an arterial highway, minimum landscape and structural setback abutting a local street, required improvement of public right -of -way, and maximum height and size of wall signs), was approved by the Planning Commission on October4, 2004. Resolution No. PC2004 -116, approving Conditional Use Permit No. 2004 - 04847, contains the following condition of approval: "43. That prior to the issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 3, 4, 10, 11, 12, 14, 15, 16, 18 19, 20, 21, 23, 24, 25, 26, 27, 28, 31, 32, 35, 36, 37, 40, and 41, 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." (4) This is the applicant's first request for an extension of time to comply with conditions of approval. The applicant is requesting this time extension to allow more time to convey the properties and secure the financing for the proposed automotive dealership. (5) The property is currently vacant and is zoned C -G (General Commercial). The property is also located within the Merged Redevelopment Project Area. The General Plan designates the property for General Commercial land uses. sr cup2004- 05044ds.doc Page 1 Staff Report to the Planning Commission November 14, 2005 Item No. 1 -B DISCUSSION: (6) The conditional use permit was approved on October 4, 2004 and expired on October 4, 2005. The applicant is requesting a one year retroactive extension of time for the conditional use permit. The Code requires the application for an extension of time be submitted within 180 days of the date of expiration (prior to April 4, 2006). The request for the time extension was received on September 27, 2005. This is the first request for a time extension to comply with conditions of approval, and Code allows the granting of a maximum of two time extensions subject to the findings contained in Section No. 18.60.170 of the Zoning Code. The applicant has indicated the time extension is being requested due to conditions of approval that are currently in process, but have not yet been completed. (7) An inspection by Community Preservation Division staff on November 4, 2005, indicates that the subject property has some overgrown vegetation and debris. Community Development staff is aware of the situation and will maintain the site as needed. There are no open code violations on the property. ENVIRONMENTAL IMPACT ANALYSIS: (8) Staff has reviewed the request for an extension of time to comply with conditions of approval and the previously approved Negative Declaration and finds there are no changes to Conditional Use Permit No. 2004 -04847 and that the request will not result in any significant adverse environmental impacts. Therefore, staff recommends that the previously- approved Negative Declaration serve as the required environmental documentation for this request- FINDINGS ( Zoning Code Section No. 18.60.170 specifies that the applicant shall, within one year after receiving approval (or within any greater or lesser time limit specified in the Resolution of Approval) comply with all conditions imposed with time limits. In addition, subsection 18.60.170.020 specifies that before granting any request for an extension of time to comply with conditions of approval, the Commission must make a finding of fact that the following findings exist: (a) That the extension of time will not extend the approval beyond two extensions of time, with each extension not to exceed one year, or any greater or lesser time increment specified in the original resolution of the conditional use permit. (b) That the approval remains consistent with the General Plan and the zone district designation for the property. (c) That either no Code amendments have occurred that would cause the approval to be inconsistent with this title, or the applicant has (i) submitted revised plans demonstrating that the approved project can be modified to bring it into conformance with such Code amendments and (ii) agreed to modify the project to conform to such Code amendments. (d) That the subject property has been maintained in a safe, clean, and aesthetically pleasing condition with no unremediated code violations on the property, as confirmed by an inspection of the subject property by the Community Preservation Division. (e) That no additional information or changed circumstances are present which contradict the facts necessary to support one or more of the required findings for approval of the project. Page 2 Staff Report to the Planning Commission November 14, 2005 Item No. 1 -B RECOMMENDATION: (10) 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 meeting, that the Commission take the following actions: (a) By motion, determine that the previously- approved Negative Declaration is adequate to serve as the appropriate environmental documentation for this project. (b) By motion, aoorove the request for a one -year retroactive extension of time to comply with conditions of approval to expire October 4, 2006, based on the following: (i) That this is the first request for a time extension and Code permits a maximum of two requests of extension of time to comply with conditions of approval. (ii) That the property has been maintained in a safe, clean and aesthetically pleasing manner with no outstanding code violations affecting this property. (iii) That there is no information or changed circumstances which contradict the facts necessary to support one or more of the required findings for approval of Conditional Use Permit No. 2004 - 04847. Page 3 November 14, 2005 Elisa Stipkovich Anaheim Redevelopment Agency 201 South Anaheim Boulevard Anaheim, CA 92805 Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of November 14, 2005. 1. REPORTS AND RECOMMENDATIONS: B. (a) CEQA NEGATIVE DECLARATION (PREVIOUSLY - APPROVED) (b) CONDITIONAL USE PERMIT NO. 2004 -04847 (Tracking No. CUP2005- 05044) Agent: Elisa Stipkovich, Anaheim Redevelopment Agency 201 South Anaheim Boulevard, Anaheim, CA 92805 Location: 1501 West Lincoln Avenue: Property consists of multiple properties with a combined area of approximately 329 acres, located on the northeast corner of Lincoln Avenue and Loara Street (Anaheim Chevrolet). Requests a retroactive time extension to comply with conditions of approval to establish an automotive sales dealership with automotive repair, and to replace an existing legal nonconforming freestanding (monopole) telecommunications facility with a temporary telecommunications facility. ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX 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- Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission does hereby approve a retroactive extension of time for Conditional Use Permit No. 2004 -04847 for a period of one (1) year to expire on October 4, 2006, to establish an automotive sales dealership with automotive repair, and to replace an existing legal nonconforming freestanding (monopole) telecommunications facility with a temporary telecommunications facility based on the following findings: (a) That this is the first request for a time extension and Code permits a maximum of two requests of extension of time to comply with conditions of approval. (b) That the property has been maintained in a safe, clean and aesthetically pleasing manner with no outstanding code violations affecting this property. (c) That there is no information or changed circumstances which contradict the facts necessary to support one or more of the required findings for approval of Conditional Use Permit No. 2004 - 04847. Sincerely, Eleanor Morris, Senior Secretary Anaheim Planning Commission CUP2005- 05044_Excerpt_cr5712em.doc Attachment - R &R 1 -B MEMORANDUM CITY OF ANAHEIM Communitv Preservation Division DATE: NOVEMBER 4, 2005 TO: DAVID SEE, SENIOR PLANNER FROM: MARK DICKINSON, COMMUNITY PRESERVATION OFFICER SUBJECT: 1501 W. LINCOLN AVE. CUP2004 -04847 (tracking # CUP2005- 05044) On 11 -4 -05 at approximately 1030 hours, I conducted an inspection of the property at 1501 W. Lincoln Ave. I observed the following violations: 1. There was overgrown vegetation (weeds), throughout the property. 2. There were miscellaneous piles of concrete and dirt on the northwest corner of the property. I reviewed Community Preservation records and we do not have any open cases for this property. If you have any questions, please contact me at extension 4195. R &R Item No. 1 -B MEMORANDUM CITY OF ANAHEIM Community Development Department DATE: September 27, 2005 TO: • City of Anaheim Planning Commission FROM: �lisa Stipkovich, Executive Director /Community Development SUBJECT: REQUEST FOR TIME EXTENSION FOR A CONDITIONAL USE PERMIT, ZONE RECLASSIFICATION, AND TENTATIVE PARCEL MAP FOR THE PROPERTY LOCATED AT 1501 W. LINCOLN AVENUE (ANAHEIM CHEVROLET). The purpose of this memorandum is to request the extension of Conditional Use Permit No. 2004 - 04874, Zone Reclassification No. 2004 -00118 and Tentative Parcel Map No. 2004 -177. On October 4, 2004, you approved the above mentioned entitlements allowing for the relocation and development of an automobile dealership (Anaheim Chevrolet). We would like to request a one year time extension, allowing the approval to be effective until October 4, 2006. The Agency has recently finalized the acquisition of required parcels and is finalizing a financing structure with the developer. We are confident that the project should be underway before October 4, 2006. We appreciate your assistance with this matter. If you have any questions, please call Sergio M. Ramirez at (714) 765 -4300. Thank you. c. Brad L. Hobson Sergio M. Ramirez FADOCS \DEVS VCS \M EMOS\SRM5626AektW odys.DOC ITEM NO. 1 -A A E� RG� B � cUP 171 fi5^'64 RM'a 53 VAR ` °cN S�H �e6 erfz RG�R39A � RM" A{ a °` 65 .66.bz y V . 44 p eN m PQP �Z DV � RccHUR 22 pU 7 N ` RG` gg- A6NPNE�M � G\ pEpPRI O pU sc s � m z 2p U 1 DU p GC RRIDC R Rc AV P STR IM B NF eAeafc SPNTAPN Sojl ANAN OVER�pY 8 "349a R RSPB 00 ve IG RAILROAD �G`2�A -oO'q tent ° UL URE CIF o- a c +� Ra ea- 55 - � 9 e1+ Res of \o AGR�c R UTNFRN RA Rc c�e�Ea -aoco� R U S PCH SG R f l �6 1-'4 R 2p5 gfl0 1 U �R:coP 2W SOS VAMP p04 -00424 RS -2 ck 3s� y p c Pp2 C RS -2 1 DU co p at pU cn � s" 13 � R gN VAGA VPGA T 2 pc o- a s C) RS 54 RS . N G 6as ��3 f )U Paz �?. ° c§—E m 1 DU EACH f 3 R6a�P Sao . oi° s o� 8 m T A _ D RM'A y N DU EUE GNN�pR aw N� 2 DU 1 pl i Y = � 2 pU S IRE a 65 eeA oFF °ES V41 P IE EP GH 1 c�a c 1 DU e�lToN o DU �cN C °1 �wancT . c nGH General Plan Amendment No. 2004 -00421 Reclassification No. 2004 -00137 Subject Property Variance No. 2004 -04633 Date: November 14, 2005 TRACKING NO. VAR2005 -04671 Tentative Tract Map No. 16794 Scale: 1"=200' Requested By: YADVINDER S. VIRK Q.S. No. 73 REQUEST TO REVIEW FINAL SITE, FLOOR, ELEVATION, AND FENCING PLANS. 502 South Harbor Boulevard 2069 Staff Report to the Planning Commission November 14, 2005 Item No. 1 -C 1 -C. REPORTS AND RECOMMENDATIONS (a) CEQA NEGATIVE DECLARATION (PREVIOUSLY - APPROVED) (b) GENERAL PLAN AMENDMENT NO. 2004 -00421 (c) RECLASSIFICATION NO. 2004 -00137 (d) VARIANCE NO. 2004 -04633 (Tracking No. VAR 2005- 04671) (e) TENTATIVE TRACT MAP NO. 16794 (Motion) SITE LOCATION AND DESCRIPTION: (1) This irregularly- shaped, 12 -acre property is located at the southeast corner of Harbor Boulevard and Santa Ana Street with frontages of 254 feet on the east side of Harbor Boulevard and 185 feet on the south side of Santa Ana Street (502 South Harbor Boulevard). REQUEST: (2) The applicant requests review of final site, floor, elevation, and fencing plans for a 7 -unit, single - family residential subdivision- BACKGROUND (3) This property is currently vacant, zoned RS -3 (Residential, Single - Family) and is designated for Low and Low - Medium Density Residential land uses by the Anaheim General Plan. (4) Variance No. 2004 -04633 (to waive the minimum lot depth adjacent to an arterial highway) was approved by the Planning Commission on January 24, 2005. Resolution No. PC2005 -15, approved in conjunction with this permit, includes the following condition of approval: 17. That final site, floor, fencing and elevation plans for the residential structures shall be reviewed by the Planning Commission as a Reports and Recommendations item for approval prior to the issuance of building permits." DISCUSSION: (5) In order to comply with Condition No. 17 of Resolution No. PC2005 -15, the applicant is requesting the Commission's final review and approval of site, floor, fencing and elevation plans for seven (7) single - family residences. Since this project is located within the Colony Historic District, the applicant has also consulted with a sub - committee of the Historic Preservation Committee for direction in determining design features and colors of the new homes. SR- VAR2004 -04633 Page 1 Staff Report to the Planning Commission November 14, 2005 Item No. 1 -C (6) The site plan (Final Plan No. 1) indicates the development of seven (7) single - family homes with the following setbacks: Lot Front Setback Proposed /Required Side Setback Proposed /Required Rear Setback Proposed /Required 1 16 feet/15 feet 5 feeU5 feet 20 feet/15 feet 2 16 feet/15 feet 5 feeU5 feet 20 feet/15 feet 3 16 feet/15 feet 5 feeU5 feet 20 feet/15 feet 4 16 feet/15 feet 5 feet/5 feet 20 feet/15 feet 5 21 feet/15 feet 5 feeU5 feet 28 feet/15 feet 6 15 feet/15 feet 5 feeU5 feet 33 feet/15 feet 7 20 feet/15 feet 5 feeU5 feet 19 feet/15 feet (7) The site plan also indicates that wood fencing would be provided by the developer for all of the homes. The proposed fencing is in compliance with Code with regard to location and height. (8) The floor plans (Final Plan Nos. 2 through 11) indicate the new homes would have the following characteristics: Lot Plan Square Footage Number of Bedrooms/ Bathrooms Parking Spaces Proposed/Required 1 A 3,334 4/3 4/4 2 B 3,334 4/3 4/4 3 A 3,334 4/3 4/4 4 B 3,334 4/3 4/4 5 E 3,334 5/3.5 4/4 6 D 3,815 5/4.5 4/4 7 C 3,334 5/3.5 4/4 (9) Elevation renderings (Final Plan Nos. 12 through 16) were submitted indicating 2 -story, Craftsman style homes. The homes are articulated with varying roof pitches, fascias, columns and covered porches. Finish materials include Hardi board wood siding, cedar shakes, decorative wooden brackets, rock wainscoting, round vents within the gabled roofs and door and window trim. Page 2 Staff Report to the Planning Commission November 14, 2005 Item No. 1 -C (10) The proposed Craftsman style homes would be designed with complementary design features and would be compatible with the historic homes facing Harbor Boulevard. The applicant has consulted with the City's Neighborhood Preservation Office to ensure compatibility with the Historic District. Neighborhood Preservation staff has submitted the attached memorandum indicating that the conceptual elevation renderings have been reviewed and tentatively approved by Neighborhood Preservation and the City's historic preservation architectural consultant. Staff is pleased with the design and materials portrayed in the final plans and recommends approval of this request. ENVIRONMENTAL IMPACT ANALYSIS: (11) Staff has reviewed the request for review of final plans and the previously- approved Negative Declaration and finds there are no changes to the originally- approved variance that would require further environmental review and that this implementing action is a required condition of approval of the original permit intended to address any aesthetic issues that may result from construction of the project. Therefore, staff recommends that the previously- approved Negative Declaration serve as the required environmental documentation for this request RECOMMENDATION: (12) Staff recommends that unless 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 meeting, that the Commission take the following actions: (a) By motion, determine that the previously- approved Negative Declaration is adequate to serve as the appropriate environmental documentation for this request. (b) By motion, approve the final site, fencing, floor, and elevation plans for a previously- approved 7 -unit detached single - family residential subdivision based on Commission's concurrence with staff that the final plans are architecturally enhanced to provide a quality single - family subdivision that is compatible with the existing neighborhood and the historic character of the Anaheim Colony Historic District. Page 3 November 14, 2005 Yadvinder S. Virk Castle Development, LLC 9017 Harvard Avenue Buena Park, CA 90620 Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of November 14, 2005. 1. REPORTS AND RECOMMENDATIONS: C. (a) CECA NEGATIVE DECLARATION (PREVIOUSLY - APPROVED) (b) GENERAL PLAN AMENDMENT NO. 2004 -00421 (c) RECLASSIFICATION NO. 2004 -00137 (d) VARIANCE NO. 2004 -04633 (Tracking No. VAR2005- 04671) (e) TENTATIVE TRACT MAP NO. 16794 Agent: Yadvinder S. Virk, Castle Development, LLC, 9017 Harvard Avenue, Buena Park, CA 90620 Location: 502 South Harbor Boulevard: Property is approximately 12 acres, located on the southeast corner of Harbor Boulevard and Santa Ana Street. Request for approval of final site, floor, elevation and fencing plans for a 7 -unit single family residential subdivision. ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission has reviewed the proposal to approve final site, floor, elevation and fencing plans for a 7 -unit single - family residential subdivision and does hereby approve the variance upon finding that the previously- approved Negative Declaration serves as adequate environmental documentation for this request for approval of final site, floor, elevation and fencing plans for Variance No. 2004 -04633 to permit a 7 -unit single - family subdivision. Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission does hereby approve the final site, floor, elevation, and fencing plans for a previously- approved 7 -unit detached single - family residential subdivision for VAR2004 -04633 (Tracking No. VAR2005- 04671) based on Commission's concurrence with staff that the final plans are architecturally enhanced to provide a quality single - family subdivision that is compatible with the existing neighborhood and the Anaheim Historical Colony District. Sincerely, Eleanor Morris, Senior Secretary Anaheim Planning Commission GPA2004- 00421_Excerpt_cr5711em E A R M- ITI 7'I n t:I:41163 M EMORANDUM CITY OF ANAHEIM Community Development Department DATE: November 1. 2005 TO: Planning Commission FROM: Tom Kupfrian, Historic Preservation Coordinator SUBJECT: Elevations and Exterior Colors for New Homes at Harbor and Santa Ana Neighborhood Preservation has reviewed the elevations and exterior colors for the development of seven new homes at Harbor Blvd. and Santa Ana St. The conceptual elevation renderings have been reviewed and tentatively approved by Neighborhood Preservation and our historic preservation architectural consultant, Jim Wilson. Our recommendation with regards to exterior materials is that the siding be a manufactured wood product (not aluminum or vinyl siding) and that any rock shown on the exterior facades be real rock. Since the roofs of these houses are so prevalent, we would also like to see actual samples of the roofing material that will be used. (The samples attached to the boards apparently represent only the color of the roof material.) The color boards were reviewed by Neighborhood Preservation together with a sub- committee of the Historic Preservation Committee. We came to some consensus about the colors for each elevation which are listed in the attached color pallet. The colors were also reviewed by our architectural consultant and the general pallet has been approved. However, since it is unclear exactly where and to what extent the trim and accent colors will be used, we would like to be notified when actual samples of paint are applied for final review at the site. Attachment Brad Hobson Phyllis Mueller F Do SU OOSIC1O4utEMOS \TKM 01AHar save A.a Eli M- IT1 T , nft:I:41163 RESOLUTION NO. PC2005 -15 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 2004 -04633 BE GRANTED, IN PART (502 SOUTH HARBOR BOULEVARD) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Variance for certain real property situated in the City of Anaheim, County of Orange, State of California described as: PARCEL 1: LOT 22 IN BLOCK D OF TRACT NO. 365, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 15, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 2: THAT PORTION OF VINEYARD LOT G -5, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF VINEYARD LOT G -5, AS PER MAP RECORDED IN BOOK 4, PAGES 629 AND 630 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT G -5, 2055 . FEET; THENCE SOUTHERLY PARALLEL WITH THE WESTERLY LINE OF SAID LOT G -5, 212 FEET TO A POINT IN THE NORTHWESTERLY LINE OF TRACT NO. 365, AS PER MAP RECORDED IN BOOK 16, PAGE 14, MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTHWESTERLY ALONG SAID NORTHWESTERLY LINE 205.5 FEET, TO A POINT IN THE WESTERLY BOUNDARY LINE OF SAID LOT; THENCE NORTHWESTERLY ALONG THE WESTERLY LINE OF SAID LOT G -5 TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE SOUTHWESTERLY 12.6 FEET AS CONVEYED TO THE CITY OF ANAHEIM BY DEEDS RECORDED JANUARY 23, 1911 IN BOOK 1832 PAGE 286, DEEDS AND MARCH 1, 1924 IN BOOK 512 PAGE 264, DEEDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALSO EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN SANTA ANA STREET AS CONVEYED TO THE CITY OF ANAHEIM, BY DEED RECORDED NOVEMBER 9, 1937 IN BOOK 915 PAGE 148, OFFICIAL RECORDS. PARCEL 3: A PORTION OF THAT CERTAIN ALLEY LOCATED IN THE CITY OF ANAHEIM, ABANDONED PER RESOLUTION NO. 83R -440 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF VINEYARD LOT G -5 AS PER MAP RECORDED IN BOOK 4, PAGES 629 AND 630 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY; THENCE 15 28'30" EAST 162.00 FEET; THENCE NORTH 74 24' 45" EAST 119.36 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 15 28' 30" WEST 162.00 FEET; THENCE NORTH 74 24' 45" EAST 152.00 FEET; THENCE SOUTH 74 24' 45" WEST, 2000 . FEET TO THE POINT OF BEGINNING. PARCEL 4: LOT 1 IN BLOCK "D" OF TRACT NO. 366, HESS SUBDIVISION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 15m, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. CR \PC2005 -015 -1- PC2005 -15 WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 13, 2004, 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 variance and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the January 10, and January 24, 2005, Planning Commission meetings; 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: the following: That the petitioner proposes to construct seven (7) single - family residences with waivers of (a) SECTION NO. 18.04.060.020 Minimum lot depth adjacent to an arterial highway (Lot Nos. 1-4) (120 feet required; 84 feet proposed) (b) SECTION NO. 18.04.100 Minimum front yard setback (Lot No. 6) (DELETED) (c) SECTION NO. 18.04.100 Minimum rear yard setback (Lot No. 4) (DELETED) (d) SECTION NO. 18.04.110 Minimum number of parking spaces (Lot No. 6) (DELETED) 2. That the above - mentioned waiver (a) is hereby approved based on the special circumstances applicable to these properties such as size and location, which do not apply to other identically zoned property in the same vicinity; and that strict application of the Zoning Code deprives the property of privileges enjoyed by other properties in the identical zone and classification in the vicinity. 3. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to the property or class of use in the same vicinity and zone. 4. That the requested variance is necessary for the preservation and enjoyment of a substantial properly right possessed by other property in the same vicinity and zone, and denied to the property in question, since the adjacent neighborhood is developed without the required lot depth. 5. That the requested variance will not be materially detrimental to the public welfare or injurious to the properly or improvements in such vicinity and zone in which the properly is located. 6. That the above - mentioned waivers (b), (c) and (d) are hereby denied on the basis that they have been deleted subsequent to advertisement. 7. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim Planning Commission has reviewed the proposal for waivers of: (a) minimum lot depth adjacent to an arterial highway, (b) minimum front yard setback, (c) minimum rear yard setback, and (d) minimum number of parking spaces to construct seven (7) single - family residences; 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 -2- PC2005 -15 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 Variance No. 2004 - 04633, 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 gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic in the adjacent public street or alley. Installation of any gates shall conform to Engineering Standard Plan No. 475. Said requirements shall be subject to the review and approval of the City Traffic and Transportation Manager. Said information shall be specifically shown on plans submitted for building permits. 2. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said Department. Said information shall be specifically shown on the plans submitted for building permits for Planning Department and Public Works Department, Streets and Sanitation Division approval. 3. 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. 4. That 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 on plans submitted for building permits. 5. That roll -up garage doors shall be shown on plans submitted for building permits. Said doors shall be installed and maintained as shown on submitted plans. 6. That final detailed landscape and irrigation plans for the proposed development shall be submitted to the Development Services Division for review and approval. Said landscape plans shall show minimum 24 -inch box sized trees, shrubs, groundcover and vines to be planted in layers in common areas, and minimum 24 -inch box sized trees in the front yard of each property. All trees shall be properly, professionally, and permanently maintained to ensure mature, healthy growth. 7. That Variance No. 2004 -04633 is hereby granted subject to the approval and recordation of Tentative Tract Map No. 16794, now pending. 8. That prior to application for water meters, fire line or submitting the water improvement plans for approval, the developer /owner shall submit to the Public Utilities Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off -site water system improvements required to serve the project shall occur in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations. 9. That all existing water services and fire lines shall conform to current Water Services Standards Specifications. Any water service and /or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner /developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 10. That prior to rendering water service, the developer /owner shall submit a set of improvement plans for Public Utility Water Engineering review and approval in determining the conditions necessary for providing water service to the project- -3- PC2005 -15 11. That water improvement plans shall be submitted to the Water Engineering Division for approval and a performance bond in the amount approved by the City Engineer and from the City Attorney shall be posted with the City of Anaheim. 12. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim 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 10 -foot wide access easement along the waterline from the street to the water meter pad for maintenance. 13. That all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from the public street. 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 submitted for approval by the Water Engineering Division of the Public Utilities Department. 14. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 15. That the legal property owner shall provide the City of Anaheim with an easement for electrical service lines to be determined as electrical design is completed. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 16. That any required relocation of City electrical facilities shall be at the property owner /developer's expense. Landscape and /or hardscape screening of all pad- mounted equipment shall be required and shall be shown on plans submitted for building permits. 17. That final detailed site, floor, fencing and elevation plans shall be reviewed by Planning Commission as a Report and Recommendation item for approval prior to the issuance of building permits. 18. 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 Revision No. 1 to Exhibit No. 1 and Exhibit Nos. 2 through 6, and as conditioned herein. 19. 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-1 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16 and 17, above - mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 20. That prior to final building and zoning inspections, Condition No18, above - mentioned, shall be complied with- 21 - 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- -4- PC2005 -15 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. AND BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 7 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 January 24, 2005. 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) CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: (ORIGINAL SIGNED BY PAT CHANDLER) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Pat Chandler, 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 January 24, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE 19S S 7_1 V I III LIFA I U 1 6091010 q: R 11 ■ I 1 r i T LO19_C S 7_10 [a] I x: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2005. (ORIGINAL SIGNED BY PAT CHANDLER) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -5- PC2005 -15 R &R Item No. 1 -C Staff Report to the Planning Commission January 24, 2005 Item No. 2 2a. CEQA NEGATIVE DECLARATION (Motion) 2b. GENERAL PLAN AMENDMENT NO. 2004 -00421 (Resolution) 2c. RECLASSIFICATION NO. 2004 -00137 (Resolution) 2d. VARIANCE NO. 2004 -04633 (Resolution) 2e. TENTATIVE TRACT MAP NO. 16794 (Motion) SITE LOCATION AND DESCRIPTION: (1) This irregularly- shaped, 1.2 -acre property is located at the southeast corner of Harbor Boulevard and Santa Ana Street with frontages of 254 feet on the east side of Harbor Boulevard and 185 feet on the south side of Santa Ana Street (502 South Harbor Boulevard). REQUEST: (2) The petitioner requests approval of the following: General Plan Amendment No. 2004 -00421 — to amend the Land Use Element Map of the Anaheim General Plan redesignating this property from the Low - Medium Density Residential and Low Density Residential land use designation to the Low Density Residential land use designation. Reclassification No. 2004 - 00137 to reclassify this property from the O -L (Low Intensity Office) and the RS -2 (Residential, Single - Family) zones to the RS -3 (Residential, Single - Family) or less intense zone. Variance No. 2004 -04633 — to construct seven (7) single - family residences with waivers of the following: (a) Section No. 18.04.060.020 (b) Section No. 18.04.100 (c) Section No. 18.04.100 (d) Section No. 18.04.110 Minimum lot depth adiacent to an arterial highway (Lot Nos. 1 -4) (120 feet required, 84 -85 feet proposed) Minimum front yard setback (Lot 6) 115 feet required; 6 feet proposed) (DELETED) Minimum rear yard setback (Lot No. 4) (DELETED) Minimum number of carkina spaces (Lot No. 6) (DELETED) Tentative Tract Map No. 16794 — to establish a 7 -lot, 7 -unit detached single - family residential subdivision. BACKGROUND: (3) This project was continued from the December 13, 2004, and January 10, 2005, Commission meetings to allow time for the applicant to submit a sewer study and Water Quality Management Plan to the Public Works Department and to revise the tract map and site plan to provide accurate lot dimensions. **1+7W Page 1 Staff Report to the Planning Commission January 24, 2005 Item No. 2 (4) This property is currently vacant, zoned RS -2 and O -L and is designated for Low and Low - Medium Density Residential land uses on the Land Use Element Map of the Anaheim General Plan. (5) There are no prior zoning actions pertaining to this property. GENERAL PLAN AMENDMENT REQUEST: (6) The petitioner requests an amendment to the Land Use Element Map of the General Plan to redesignate this property from the Low - Medium Density Residential and Low Density Residential land use designations to the Low Density Residential land use designation in order to create consistency for the proposed project. Currently, the configuration of parcels that comprise the project site have divided General Plan land use designations as indicated in the following graphic: VE ® Low Density I i Residential Low - Medium Density Residential (7) The Land Use Element of the Anaheim General Plan is the official guide for Anaheim's future development. It designates the distribution and location of specific land uses and addresses the permitted densities for each land use designation. (8) The Land Use Element text of the General Plan describes the Low - Medium Density and Low Density Residential land use designations as follows "The Low - Medium Density Residential designation provides for a wide range of residential uses, including detached, small -lot single- family homes, attached single- family homes, patio homes, zero lot line homes, duplexes, townhomes and mobile home parks. This category is implemented by the RS -4, RM -1, RM -2 and RM -3 zones. The permitted density range is from zero up to 18 units per gross acre. The Low Density Residential designation provides for the development of conventional single - family detached houses. Itis implemented by the RS -1, RS -2, RS -3, and RH -3 zones. Typical development consists of single- family lots of 5,000 to 10,000 square -feet. The Page 2 Staff Report to the Planning Commission January 24, 2005 Item No. 2 permitted density range is from zero up to 6.5 dwelling units per gross acre. Over half of all residential land in Anaheim is designated as Low Density Residential." (9) The Low - Density Residential land use designation is appropriate for the proposed project. Seven (7) homes constructed on this 1.2 -acre site would provide a density of 5.8 dwelling units per acre. The proposed density and land pattern is compatible with the existing adjacent single - family neighborhood. Therefore, staff is supportive of the proposed general plan amendment. DEVELOPMENT PROPOSAL: (10) The petitioner proposes to reclassify this property from the O -L and the RS -2 zones to the RS- 3 or a less intense zone. The RS -3 Zone is a typical implementation zone for the proposed General Plan land use designation of Low Density Residential. (11) The petitioner is also requesting to re- subdivide this property to establish a 7 -lot, 7 -unit detached single - family residential subdivision. The revised tentative tract map and site plan (Exhibit No. 1, Revision No. 1) indicate the reconfiguration of eight (8) vacant parcels into seven (7) residential parcels with the following site characteristics: Lot Proposed Lot Width Required Lot Width Proposed Lot Depth "Required Lot Depth Proposed Lot Areas . ft. "Required Lot Areas . ft 1 63 feet 50 feet 85 feet 120 feet 5,245 5,000 2 63 feet 50 feet 85 feet 120 feet 5 - 1 3 - 5 - 5 - 5 3 69 feet 50 feet 84 feet 120 feet 5,832 5,000 4 69 feet 50 feet 84 feet 120 feet 5,808 5,000 5 60 feet 50 feet 106 feet 15 feet/15 feet 6- 5 000 6 67 feet 50 feet 112 feet 7,468 5,000 7 67 feet 50 feet 92 feet 6,128 5,000 " The required minimum lot depth is based on Code Section 18.04.060.020 pertaining to residential lots located adjacent to an arterial highway (Harbor Boulevard). " Lot Nos. 1, 2, and 3 are not perfect rectangles. (12) The revised site plan (Exhibit No. 1, Revision No. 1) indicates the development of seven (7) single - family homes with the following characteristics: Lot Lot Size (square feet) Front Setback Proposed /Required Side Setback Proposed /Required Rear Setback Proposed /Required 1 5,245 15 feet/15 feet 5 feet /5 feet 15 feet/15 feet 2 5,355 15 feet/15 feet 5 feet /5 feet 15 feet/15 feet 3 5,832 15 feet/16 feet 5 feet /5 feet 15 feet/15 feet 4 5,808 15 feet/15 feet 5 feet /5 feet 15 feet/15 feet 5 6,344 21 feet/15 feet 5 feet /5 feet 31 feet/15 feet 6 7,468 16 feet/15 feet 5 feet /5 feet 25 feet/15 feet 7 6,128 22 feet/15 feet 5 feet /5 feet 15 feet/15 feet Page 3 Staff Report to the Planning Commission January 24, 2005 Item No. 2 (13) Conceptual elevation renderings (Exhibit Nos. 2 through 6) were submitted indicating 2 -story, Craftsman style homes. The homes are articulated with varying roof pitches, fascias, columns and covered porches. Finish materials include simulated wood siding, decorative wooden brackets, rock wainscoting, round vents within the gabled roofs and door and window trim. (14) Vehicular access to Lot Nos. 1, 2, 3, 4 and 6 would be provided from an alley extending from Santa Ana Street and connecting to the existing alley to the rear of the homes facing Harbor Boulevard. The alley connecting to Harbor Boulevard would be abandoned and none of the homes facing Harbor Boulevard would have driveways adjacent to this arterial highway, as recommended by the City Traffic and Transportation Manager. Access to Lot No. 5 would be provided by a driveway from Helena Street and access to Lot No. 7 would be from Santa Ana Street. Since the January 16 meeting, the applicant has responded to input from the Commission by relocating the driveway for Lot No. 7 to the east side of the home in order to avoid any conflicts with vehicles using the alley. ENVIRONMENTAL IMPACT ANALYSIS: (15) 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 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: (16) The petitioner proposes to re- subdivide this property to establish a 7 -lot, 7 -unit single - family residential subdivision. The proposed subdivision would have a density of 5.8 dwelling units per acre consistent with the proposed General Plan land use designation of Low Density Residential and the RS -3 zoning designation. The proposal would also be compatible with the existing residential land use pattern in the area. (17) Waiver (a) pertains to minimum lot depth adjacent to an arterial highway. Code requires a minimum depth of 120 feet for lots 1 through 4 and 848485 feet is proposed. The applicant submitted the attached Justification of Waiver form, which states that the existing surrounding neighborhoods are developed with the same lot depth and therefore, strict application of the zoning code would deprive this property of privileges enjoyed by other properties in the immediate vicinity. Staff recommends approval of this waiver because the petitioner has demonstrated that the establishment of the lots at the proposed depth would be compatible with the surrounding neighborhoods and consistent with the existing land pattern along Harbor Boulevard. (18) Waiver (b) pertains to the minimum front yard setback for Lot No. 6. In response to input from the Commission, the petitioner has redesigned the site plan in order to provide a 15 -foot front yard setback in compliance with the development standards of the RS -3 zone. This project site was supplemented with additional square footage because there is no longer a requirement for dedication on Santa Ana Street. Therefore, this waiver has been deleted. (19) Waivers (c) and (d) have been deleted. Page 4 Staff Report to the Planning Commission January 24, 2005 Item No. 2 (20) The petitioner is proposing to develop this residential tract with Craftsman style homes. The homes would be designed with complementary design features and would be compatible with the historic homes facing Harbor Boulevard. The applicant has been working with the City's Neighborhood Preservation Office to ensure compatibility with the Historic District. Neighborhood Preservation staff has submitted the attached memorandum indicating a few outstanding design suggestions, and the petitioner has agreed to work with Neighborhood Preservation and Planning Department staff to achieve a high quality design that is sensitive to the historic character of this neighborhood. Staff has included a condition of approval to require future review of final site, floor, elevation, landscaping and fencing plans to be approved by the Planning Services Division and Neighborhood Preservation Office prior to the issuance of building permits- FINDINGS (21) 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 variance 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 variance is granted by the Planning 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. (22) 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. Further, the law requires that the Commission /Council 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. 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. Page 5 Staff Report to the Planning Commission January 24, 2005 Item No. 2 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 (23) Staff recommends, 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, that the Planning Commission approve the petitioner's request by adopting the attached resolutions and tentative tract map including the findings and conditions contained therein. Page 6 ITEM NO. 1 -A roo "0o 4N0 v ou n� m p o o0 zou + b VP 0.1030 6 ALE( v p 94 l \ 169 pc\ 200 3� GPP T VPG Pofi ooP, g pMA VP{l°'2a6 �O Rci �e'3M4) � eN 10 4 �r �o R R F \RM CR i � � ftc� 60 VP0. ,'_,,42 \NP F0. We FUM M 9o-s2 � 0.M PRE \ \s \oN VP0.°'y 6 \ W169 P00� R P PND F0.M5 c\ a \ 169 a pc� 6 ep22 A � vPR 3 �0 p��A V P0. POl X66 V PRA p442��U1NM POl 9 B6 6PP�O4I 2 Oy �169 \ND' F PC \\.\n R FlpM S MPbb \ 0.cv 0. M 9o-s2 � 0.M PRE \ \s \oN soo1j S1REE� 0.M' R A VAR 14-"4 0.Vp0.2236 D Reclassification No. 2005 -00169 Subject Property Date: November 14, 2005 Scale: Graphic Requested By: ANAHEIM REDEVELOPMENT AGENCY Q.S. No. 84, 94 A CITY- INITIATED (COMMUNITY DEVELOPMENT DEPARTMENT) REQUEST TO INITIATE RECLASSIFICATION OF PORTION A FROM THE I (INDUSTRIAL) ZONE TO THE RM -3 (MULTIPLE FAMILY RESIDENTIAL) ZONE, AND PORTION B FROM THE I (INDUSTRIAL) ZONE TO THE RM -4 (MULTIPLE FAMILY RESIDENTIAL) ZONE. M BLjONE Fb OY 0. R1 D� oF2H pUE E 6�pLLvi+o c F RM py 9 e£2 ie�QppI 6 4 4 �9_ 0.100 EPLN M M 0 00 �g NP M�P [ u + \GM ° ., o 0.eb P vRxF �6 � 69 0461 EPCH Portion A: 516 East Santa Ana Street and 500 -610 South Olive Street - Kwikset and APW sites Portion B: 525 -727 East South Street and 500 -558 South Atchison Street 2071 m Pofiloo8 A c\ a �y001� x 0.c V A � p��A V PRA p442��U1NM \NONE \NDU84R1P18 0.cv 0. 2NOMOR & �FPMs / soo1j S1REE� 0.M' R A VAR 14-"4 0.Vp0.2236 D Reclassification No. 2005 -00169 Subject Property Date: November 14, 2005 Scale: Graphic Requested By: ANAHEIM REDEVELOPMENT AGENCY Q.S. No. 84, 94 A CITY- INITIATED (COMMUNITY DEVELOPMENT DEPARTMENT) REQUEST TO INITIATE RECLASSIFICATION OF PORTION A FROM THE I (INDUSTRIAL) ZONE TO THE RM -3 (MULTIPLE FAMILY RESIDENTIAL) ZONE, AND PORTION B FROM THE I (INDUSTRIAL) ZONE TO THE RM -4 (MULTIPLE FAMILY RESIDENTIAL) ZONE. M BLjONE Fb OY 0. R1 D� oF2H pUE E 6�pLLvi+o c F RM py 9 e£2 ie�QppI 6 4 4 �9_ 0.100 EPLN M M 0 00 �g NP M�P [ u + \GM ° ., o 0.eb P vRxF �6 � 69 0461 EPCH Portion A: 516 East Santa Ana Street and 500 -610 South Olive Street - Kwikset and APW sites Portion B: 525 -727 East South Street and 500 -558 South Atchison Street 2071 Staff Report to the Planning Commission November 14, 2005 Item No. 1 -D 1 -D. REPORTS AND RECOMMENDATIONS a. CEQA EXEMPTION — SECTION 15061 (b) (3) GENERAL RULE (Motion) b. RECLASSIFICATION NO. 2005 -00169 — REQUEST FOR INITIATION (Motion) SITE LOCATION AND DESCRIPTION: (1) Portion A: This 242 -acre area is located at the southeast corner of Santa Ana Street and Olive Street with frontages of 660 feet on the south side of Santa Ana Street and 1,600 feet on the east side of Olive Street (516 East Santa Ana Street and 500 - 610 South Olive Street - Kwikset and APW sites). Portion B: This 16.7 -acre area has frontages of 455 feet on the north side of South Street and the south side of Santa Ana Street, and a maximum depth of 1,600 feet (525 - 727 East South Street and 500 - 558 South Atchison Street). REQUEST: (2) This is a City- initiated (Community Development Department) request for approval of a reclassification of these properties as follows: (a) Portion A —from I (Industrial) to RM -3 (Multiple - Family Residential) zone or less intense zone. (b) Portion B —from I (Industrial) to RM4 (Multiple - Family Residential) zone or less intense zone- BACKGROUND (3) These properties are currently zoned I (Industrial) and are designated for Low - Medium Residential and Medium Density Residential land uses in the Anaheim General Plan. These properties are further designated as Housing Opportunity sites in the City's adopted Housing Element and are also located within the Merged Redevelopment Project Area. The properties are currently developed with various industrial uses. The General Plan designates the surrounding properties as follows: School uses and Medium Density Residential to the south, Medium Density Residential and Low - Medium Residential to the west, Low Density Residential and Medium Density Residential to the north, and Medium Density Residential to the east- DISCUSSION (4) The attached memorandum from the Community Development Department dated October 24, 2005, indicates a reclassification is being requested from the I zone to the RM -3 and RM- 4 zones to allow the development of both a market rate and an "affordable" multiple - family residential housing project at a density of up to 36 dwelling units to the acre in accordance with the General Plan Land Use and Housing Elements. The Redevelopment Agency is currently in negotiations with several housing developers to build a combination for -sale and rental multiple - family housing project, a percentage of which would be designated as "affordable" units by agreement with the Agency. Sr- RCL2005- 00169ds Page 1 Staff Report to the Planning Commission November 14, 2005 Item No. 1 -D (5) This reclassification request to rezone the properties from the I zone to the RM -3 and RM -4 zones would be consistent with the land use designations of Medium Density Residential and Low - Medium Density Residential of the General Plan. This reclassification would permit the development of an apartment complex or single family attached homes, subject to compliance with development standards of the RM -3 and RM-4 zones and by conditional use permit. Approval of a tentative tract map would also for attached condominiums. (6) The requested reclassification would facilitate the replacement of incompatible blighted industrial properties with new residential development in an area containing other residential uses. The Redevelopment Agency has invested in new infrastructure, new housing developments, historic preservation projects, and urban office and commercial developments in the Downtown area. The proposed RM -3 and RM-4 zoning classifications for this area would complement and support the existing and proposed development in the Downtown area, the goals and objectives of the Merged Redevelopment Project Area, and ongoing City programs identified in Anaheim's Housing Element. Community Development Department staff has been working closely with the developers on specific site design issues and architectural plans which would be presented to the Commission at a later date. (7) The proposed RM -3 and RM-4 zoning would permit the construction of residential units in close proximity to existing railroad tracks. Prior to the issuance of building permits for any units constructed adjacent to the railroad tracks, the developer will need to submit a sound study to address sound attenuation for residential projects. (8) The project site contains parcels identified as a portion of Site No. 25 of the Central Anaheim Area within the Housing Element with a density range of up to 45 units per acre. Based on this density, the subject 41 -acre site could accommodate a maximum of 1,845 units. Thus, the proposed reclassification from an industrial to multi - family residential zoning would result in an increase in the City's housing stock and would be consistent with the Housing Element. The Community Development Department is currently in escrow on portions of the site. ENVIRONMENTAL IMPACT ANALYSIS: (9) This initiation is the first step in considering the appropriateness of reclassifying the subject properties. Should the Commission decide to initiate reclassification proceedings, a comprehensive CEQA review will be conducted and made available for public review prior to acting on the project. Therefore, it can be seen with certainty that this action, in itself, will not cause a significant effect on the environment. Staff recommends that the Commission find this action (initiation of reclassification proceedings) exempt under CEQA Guidelines, Section 15061(b)(3). 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 take the following actions: (a) By motion, determine that this action is exempt under CEQA Guidelines Section 15061 (b) (3) since the environmental analysis of this action will occur in conjunction with the future public hearing on the proposed reclassification request. (b) By motion, initiate Reclassification No. 2005 -00169 to reclassify these properties from the 1 (Industrial) zone to the RM -3 and RM -4 (Multiple - Family Residential) zones. Page 2 November 14, 2005 Anaheim Redevelopment Agency 201 South Anaheim Boulevard Anaheim, CA 92805 Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of November 14, 2005. 1. REPORTS AND RECOMMENDATIONS: D. (a) CEQA EXEMPTION 15061 (b)(3) (b) RECLASSIFICATION NO. 2005 -00169 Agent: Anaheim Redevelopment Agency, 201 South Anaheim Boulevard, Anaheim, CA 92805 Location: Portion A - 516 East Santa Ana Street and 500 - 610 South Olive Street Property is approximately 242 acres located at the southeast corner of Santa Ana St and Olive Street with frontages of 660 feet on the south side of Santa Ana Street and 1,600 feet on the east side of Olive Street (516 East Santa Ana Street and 500 - 610 South Olive Street - Kwikset and APW sites). Portion B — 525 - 727 East South Street and 500 - 558 South Atchison Street Property is approximately 16.7 acres having frontages of 455 feet on the north side of South Street and the south side of Santa Ana Street, and a maximum depth of 1,600 feet (525 - 727 East South Street and 500 - 558 South Atchison Street). City- initiated (Community Development Department) request to initiate reclassification of Portion A from the I (Industrial) zone to the RM -3 (Multiple - Family Residential) zone, and Portion B from the I (Industrial) zone to the RM-4 (Multiple - Family Residential) zone. ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission has reviewed the proposal to initiate reclassification of Portion A from the I (Industrial) zone to the RM -3 (Multiple - Family Residential) zone, and Portion B from the I (Industrial) zone to the RM -4 (Multiple - Family Residential) zone and does hereby concur with staff that this initiation of reclassification proceedings is exempt from CEQA under Section 15061(b)(3) of the CEQA Guidelines in that this action is the first step in considering the appropriateness of reclassifying the subject properties and as such, it can be seen with certainty that this action, in itself, will not cause a significant effect on the environment. Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission does hereby initiate reclassification proceedings for Portion A from the I (Industrial) zone to the RM -3 (Multiple - Family Residential) zone, and Portion B from the I (Industrial) zone to the RM4 (Multiple - Family Residential) zone. Sincerely, Eleanor Morris, Senior Secretary Anaheim Planning Commission RCL2005- 00169_ Excerpt_cr5713em Attachment - R &R 1 -D City of Anaheim COMMUNITY DEVELOPMENT To: Planning Commission From: Elisa Stipkovich, Community Development Department c: eri Vander Dussen Greg Hastings Greg McCafferty David See Date: October 24, 2005 RE: Initiation of Zoning Amendment Background The City adopted a new General Plan in July 2004 incorporating new residential land use designations in the Land Use Element to encourage future development opportunities. A new Housing Opportunity Site Map was also adopted as a part of the City's Housing Element in December 2002 to further encourage housing opportunities. One site identified on this General Plan map includes an area bounded by Santa Ana on the north, South Street on the south, the Metrolink railroad line on the east, and Olive Street on the west. City staff is requesting that the Planning Commission initiate a zone change for this area, specifically to establish the RM -3 and RM -4 zones in accordance with the General Plan. The RM -3 zone would be applied to the area between Santa Ana and South streets and Olive and Kroeger streets, which is proposed to be extended from Santa Ana to South Street. The RM -4 zone would be established across the area between Santa Ana and South streets and Kroeger and the Metrolink railroad line (see attached map). The Anaheim Redevelopment Agency currently owns, or is in escrow to purchase, approximately 34 acres and is negotiating with two property owners to acquire 4 additional acres. Brookfield Homes, which has an Exclusive Negotiation Agreement approved by the Redevelopment Agency to develop housing in the area, is negotiating to acquire the remaining two acres that are within the subject area of the proposed zoning amendment. Staff will be reviewing future development concepts with the Planning Commission subsequent to the initiation of the zoning amendment and requests the Planning Commission initiate the zoning amendment at its November 14, 2005 meeting. Staff will be available to answer any questions at the hearing. Attachment Proposed Zoning Designation Map Amendmena.00C Proposed Zoning Designation Map 3 G \/ m N 2 Ni SPNT P PNP ST a m a 1� RM -4 ITEM NO. 1 -A I I RCL53 -54 -3– RCL 53-54-3 SMALL INDUSTRIAL FI RMS— RCL 66 -67 -14 RCL 62 -63 -30 RCL 53 -54 -3 CUP 2785 CUP 1485 CUP 2468 CUP 1503 RCL 53 -54 -3 J_ Q RCL 82 -83 -22 1 ae RCL 53 -54 -3 RCL62-63 -30 RCL 53 -54 -3 RCL 53 -543 d CUP 448 ¢ T -CUP 2005 -05036 w RCL 53 -54 -3 CUP 899 h T -CUP 2000 -04204 a RCL 53 -54 -3 CUP 172 CUP 4023 ae TE)(TI ES CUP 15 CUP2960 O = ADJ 0162 a CUP 2937 CUP2840 w RANCHO LA PAZ O RCL 53 -543 (CUP 1596) MOBILE HOME PARK z CUP 549 270 RESIDENTS CAR REPAIR VAR 1896 O = U Q r RCL 66 -67 -14 RCL 66 -67 -14 RCL 535-3 RCL 53 RCL 6-67 -14 RCL I RCL SS -sb14 I T RCL 62 -63 -363 -3 0 RCL 62 2 -6330 53-54 RCL 53 -543 CUP 3502 CUP 549 RO L 62T3 3D - WONDER BREAD R CL CUP 4081 CUP 3405 VAR 2551 N BAKERY OUTLET 0 VAR CUP 31 31 S VAR 3084 I C coMPUTER MACHINE SHOP VAR 2559 RESTAURANT _ &CREATIVE PHOTO 1 165' —►j I +1 RETAIL SHOPS 1 ORANGETHORPE AVENUE w 1 a 1 L¢1 LU cz: w 1 I RCL 66 -67 -14 RCL 66-67 -14 RCI INDUSTRIAL FIRMS rn= RCL 66 -67 -14 ]I-1 RCL 62 3 -30 RCL 62 -63 -30 RCL 62 -63 -30 RCL RCI ^^ RCL 53 -54 -3 CUP 1429 2235 CUP 2235 T Z! z OFFICE Cz PUBLIC ORA INDUSTRIAL I � BUILDING STORAGE 8 BUSINESS SS CENTER & BUSINESS o D 1 0 W QQOz � 1 MAN O Conditional Use Permit No- 4023 Subject Property TRACKING NO- CUP2005 -05036 Date: November 14, 2005 Scale: 1"=200' Requested By: HA KEE WHAN Q -S- No- 80 REQUESTS REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A CONDITION OF APPROVAL PERTAINING TO A TIME LIMITATION (APPROVED ON MAY 22, 2005 TO EXPIRE MAY 22, 2005) TO RETAIN A 3,000 SQUARE -FOOT TIRE SALES, REPAIR AND INSTALLATION FACILITY - 837 East Orangethorpe Avenue - S- Cervantes Tires 2045 Y ` Conditional Use Permit No. 4023 Subject Property TRACKING NO. CUP2005 -05036 Date: November 14, 2005 Scale: 1" = 200' Requested By: HA KEE WHAN Q.S. No. 80 REQUESTS REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A CONDITION OF APPROVAL PERTAINING TO A TIME LIMITATION (APPROVED ON MAY 22, 2005 TO EXPIRE MAY 22, 2005) TO RETAIN A 3,000 SQUARE -FOOT TIRE SALES, REPAIR AND INSTALLATION FACILITY. 837 East Orangethorpe Avenue - S. Cervantes Tires 2045 Staff Report to the Planning Commission November 14, 2005 Item No. 2 2a. 2b. (Motion) (Resolution) SITE LOCATION AND DESCRIPTION: (1) This 0.8 -acre rectangularly- shaped property is located at the northwest corner of Orangethorpe Avenue and Orangethorpe Park (a private street) with frontages of 162 feet on the north side of Orangethorpe Avenue and 215 feet on the west side of Orangethorpe Park (837 East Orangethorpe Avenue — S. Cervantes Tires). REQUEST: (2) The applicant requests reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on May 22, 2000 to expire on May 22, 2005) to retain a tire sales, repair and installation facility under authority of Code Section No. 18.08.030.040.0402. BACKGROUND: (3) This property is developed with a multi- tenant industrial building and is zoned "I" Industrial. The Anaheim General Plan designates this property and surrounding properties for General Industrial land uses. (4) Conditional Use Permit No. 4023 to permit and retain a tire sales, repair and installation facility was approved by the Planning Commission On May 27, 1998, for a period of one (1) year, to expire on May 27, 1999. Subsequently, the Planning Commission approved two reinstatements (May 27, 1998 and August 2, 1999) which also included amending the conditions of approval to include tire sales repair and installation, brake repair and installation and wheel alignments with the latest reinstatement expiring on May 22, 2005. The applicant has submitted a letter requesting reinstatement of the permit within the required 180 -day period. Resolution No. PC2000 -63 adopted in conjunction with approval of this permit contains the following condition of approval: "3. That this conditional use permit is hereby granted to expire on May 22, 2005" . DISCUSSION: (5) Jacob Son, the property owner has submitted a letter of request to retain the tire sales, repair and installation facility for a period of five (5) years. (6) To demonstrate that the findings required for reinstatement of this use permit have been satisfied, the applicant has submitted the attached Justification for Reinstatement. The applicant has indicated that the physical aspects of the property remain the same, the permit is being exercised substantially in the same manner and in conformance with all conditions of approval and that the operation is being exercised in a manner not detrimental to the particular area and surrounding land uses. Cup2005- 05036staffreport Page 1 Staff Report to the Planning Commission November 14, 2005 Item No. 2 (7) The Community Preservation Division has submitted the attached memorandum dated October 17, 2005, indicating that the property was in compliance with all conditions of approval except that the business had banners and advertising in the bay area which is not permitted by condition of approval No. 9 of Resolution PC2000 -63. The applicant subsequently removed all banners and is aware that banners cannot be placed within the bay area. (8) Staff is supportive of reinstating this permit and deleting the condition of approval pertaining to a time limitation. The property owner has indicated that they would like to have the permit reinstated for a period of five years. ENVIRONMENTAL IMPACT ANALYSIS: (9) Staff has reviewed the proposal to reinstate Conditional Use Permit No. 4023 and finds no significant adverse environmental impacts. Therefore, staff recommends that the previously - approved Negative Declaration approved in connection with Conditional Use Permit No 4023 is adequate to serve as the required environmental documentation in connection with this request upon 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: (10) 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 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. (11) Section 18.60.180.030 of the Zoning Code requires that an approval for a reinstatement shall be granted only upon the applicant presenting evidence to establish the following findings: Page 2 Staff Report to the Planning Commission November 14, 2005 Item No. 2 (a) The facts necessary to support each and every required showing 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 that it can be determined that, due to changes circumstances, the use is consistent with the City's long -term plans for the area- RECOMMENDATION (12) 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 resolution, approve the reinstatement of Conditional Use Permit No. 4023 to retain a 3,000 square foot tire sales, repair and installation facility for a period of five (5) years to expire on May 22, 2010- Page 3 [DRAFT] RESOLUTION NO. PC2005 - * ** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4023 AND AMENDING CERTAIN CONDITONS OF APPROVAL OF RESOLUTION NO. PC2000 -63, ADOPTED IN CONJUNCTION THEREWITH (837 EAST ORANGETHORPE AVENUE) WHEREAS, on May 22, 2000, the Anaheim Planning Commission, by Resolution No. PC2000 -63 approved Conditional Use Permit No. 4023 to retain a tire sales, repair and installation facility at 837 East Orangethorpe Avenue; and WHEREAS, said Resolution No. PC2000 -63 includes the following condition of approval: "3. That this conditional use permit is hereby granted to expire on May 22, 2005" . WHEREAS, the property is currently developed with a multi- tenant industrial building, and is zoned I (Industrial) and the Anaheim General Plan designates this property for General Industrial land uses WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Reinstatement of Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: LOT 15 OF TRACT NO- 4703, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 169, PAGES 25 AND 26 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY. WHEREAS, the applicant has requested reinstatement of this conditional use permit to retain a 3,000 square foot tire sales, repair and installation facility and modification to condition no. 3 of Resolution No. PC2000 -63 pertaining to a time limit pursuant to Code Section 18.60 of the Anaheim Municipal Code; and WHEREAS, the Planning Commission did conduct a public hearing at the Civic Center in the City of Anaheim on November 14, 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, 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 applicant's proposal to retain a 3,000 square foot tire sales, repair and installation facility is authorized by Anaheim Municipal Code Sections No. 18.08.030.040.0403 2. That the proposed reinstatement of the 3,000 square foot tire sales, repair and installation facility would not adversely affect the adjoining land uses and the growth and development of the area in which it is currently located. 3. That the facts necessary to support each and every required showing for the original approval of the entitlement exist; and that an inspection conducted by the Community Preservation Division of the Planning Department revealed that all conditions of approval have been complied with. 4. 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. Cr1PC2005- -1- PC2005- Tracking No. CUP2005 -05036 5. That * 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 reinstate this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on May 22, 2000 to expire on May 22, 2005) to retain a 3,000 square foot tire sales, repair and installation facility; and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No 4023 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 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 herby approve the reinstatement of this permit and further, incorporates the conditions of approval contained in Resolution No. PC2000 -63 into a new resolution with the following conditions of approval: 1. That this conditional use permit shall expire on May 22, 2010. 2. That the business shall operate as follows unless specifically modified by the Planning Commission: Type of business: Tire sales, repair and installation; brake repair and installation; and wheel alignments Business hours: 7:30 a.m. to 7:00 p.m. daily Number of employees: maximum three (3) employees at any one (1) time 3. That no outdoor storage of, display of, or work on vehicles or vehicular parts, including tires, shall be permitted. 4. That all existing landscaping shall be maintained in conformance with landscaping plans approved in conjunction with Conditional Use Permit No. 4023. Any dead or diseased plants or trees shall be replaced in a timely manner. 5. That signs shall be limited to those permitted in conjunction with Conditional Use Permit No. 4023. Any proposed new signs shall be submitted to the Planning Services Division for review by the Planning Commission as a "Report and Recommendations" item. 6. That no vending machines shall be placed outside the building. 7. That no window signs shall be permitted. 8. That no public telephones shall be placed outside the building. 9. That no banners or other advertising shall be displayed within the service bays facing the public rights -of- way unless a Special Event Permit is first obtained to authorize said display. 10. 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 Development Services Division of the Planning Department marked Exhibit No. 1, and as conditioned herein- 11 - 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- -2- PC2005- 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. 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 prior to issuance of a building permit or prior to commencement of the activity, whichever occurs first. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 14, 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 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 November 14, 2005, by the following vote of the members thereof AYES NOES ABSENT 2005 IN WITNESS WHEREOF, I have hereunto set my hand this day of SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION -3- PC2005- 1 PETITIONER'S STATEMENT • Attachment - Item No. 2 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: .0201 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. Has any physiVpee ect of the property for which this use permit or variance been granted. changed. Sig nificantly si issuance of this use permit or variance? Yes ❑ No Explain: (over) CASE N0. 2. Have the Iz Yes ❑ No Explain:_ in the immediate vicinity changed since the issuance of this use permit or variance? 3. Has any aspect of the nature of the operation changed since the issuance of this use permit or variance? Yes ❑ No Fvnlain- 4. AretI)e conditions of approval pertaining to the use permit or variance being complied with? Yes No ❑ Explain: 5. If you are requesting a deletion of the time limitation, is this deletion necessary for the continued operation of this use or variance? Yes❑ No IL�A•� � �" Explain: +I Pk4 QnQ Alf f Q_ &At4 4 P.dVL -a The applicant for this request is: ❑ Property Owner ❑Authorized Agent Name f Property Owner or Authori d Agent (Please Print) Signature of Property Aner or Aut orized Agent 5/i Reinstatement application.doc Revised 9/13104 '0 a Date CUP N0. 4023 n u RESOLUTION NO. PC2000 -63 • Attachment - Item No. 2 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4023 FOR FIVE (5) YEARS TO EXPIRE ON MAY 22, 2005, AND AMENDING THE CONDITIONS OF APPROVAL OF RESOLUTION NO. PC98 -89, AS AMENDED AND AS ADOPTED THEREWITH (tracking number Conditional Use Permit No. 2000 - 04204) WHEREAS, on May 27, 1998 the Planning Commission adopted Resolution No. PC98 -89 to approve, in part, Conditional Use Permit No. 4023 to retain a 3,000 sq.fL fire sales, repair and Installation facility for one year (to expire on May 27, 1999) on property located at 837 East Orangethorpe Avenue (S. Cervantes Tires); and WHEREAS, said Resolution No. PC98 -89 was subsequently amended on August 2, 1999 when the Planning Commission adopted Resolution No. PC99 -144 to amend the conditions of approval pertaining to the expiration date, the business hours and the number of employees; and that Condition Nos. 5 and 10 were amended to read as follows: 5. That the business shall operate as follows, unless specifically modified by the Planning Commission: Type of business: Tire sales, repair and installation Business hours: 7:30 a.m. to 7:00 p.m. daily Number of employees: Maximum three (3) employees at any one (1) time 10. That this conditional use permit is hereby granted to expire on May 27, 2000. WHEREAS, this property is developed with a mufti-tenant industrial building, including °S. Cervantes Tires that the property is zoned ML (Limited Industrial); and that the Anaheim General Plan designates this property for General Industrial land uses; and WHEREAS, the petitioner requests reinstatement of Conditional Use Permit No. 4023 under the authority of Code Sections 18.03.092, 18.03.093 and 18.61.050.070 of the Anaheim Municipal Code to retain a tire sales, repair and installation facility, and to amend the conditions of approval pertaining to the types of automobile repair and service permitted in conjunction with this business in order to perform alignments and brake installations in addition to fire sales, repair and installation; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 22, 2000, 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 18.03, 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 proposed use, as amended, is properly one for which a conditional use permit is authorized by the Zoning Code in the ML (Limited Industrial) Zone. 2. That this business has been operating in the approved manner and in compliance with the conditions of approval. 3. That this business is being operated in a manner not detrimental to the surrounding properties, or to the health, safety and well being of the citizens of Anaheim. CR3971MS.DOC -11- PC2000-63 0 0 4. That this businesses and the premises are maintained in good condition and, as amended, will not be a detriment to the surrounding community. 5. That the request to amend the repair and services offered by the business will not result in the intensification of the facility to the point where it will adversely impact the surrounding properties because the request is for minor brake repair /replacement and wheel alignments. 6. 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. 7. That the size and shape of the site for the proposal 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. 8. 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. 9. That granting this reinstatement and amending the use, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 10. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim City Planning Commission has reviewed the proposal to retain a tire sales, repair and installation facility and to amend conditions of approval pertaining to the types of automobile repair and service permitted in conjunction with subject business on a 0.8 -acre rectangularly- shaped property located at the northwest corner of Orangethorpe Avenue and Orangethorpe Park (a private street), having frontages of 162 feet on the north side of Orangethorpe Avenue and 215 feet on the west side of Orangethorpe Park, and further described as 837 East Orangethorpe Avenue (S. Cervantes Tires); and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 4023 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 Planning Commission does hereby reinstate and approve Conditional Use Permit No. 4023 (tracking number. Conditional Use Permit 2000- 04204) for five (5) years to expire May 22, 2005; and BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in their entirety, the conditions of approval of Resolution No. PC98 -89, adopted in connection with Conditional Use Permit No. 4023 and amended by Resolution No PC99 -144, to read as follows: 1. That no outdoor storage of, display of, or work on vehicles or vehicular parts, including tires, shall be permitted. 2. That the business shall operate as follows unless specifically modified by the Planning Commission: Type of business: Tire sales, repair and installation; brake repair and installation; and wheel alignments Business hours: 7:30 a.m. to 7:00 p.m. daily Number of employees: Maximum three (3) employees at any one (1) time 3. That this conditional use permit is hereby granted to expire on May 22, 2005. 2 _ PC2000.63 • • 4. That all existing landscaping shall be maintained in conformance with landscaping plans approved in conjunction with Conditional Use Permit No. 4023. Any dead or diseased plants or trees shall be replaced in a timely fashion. 5. That signs shall be limited to those permitted in conjunction with Conditional Use Permit No. 4023. Any proposed new signs shall be submitted to the Zoning Division for review by the Planning Commission as a'Reports and Recommendations" item. 6. That no vending machines shall be placed outside the building. 7. That no window signs shall be permitted. 8. That no public telephones shall be placed outside the building. 9. That no banners or other advertising shall be displayed within the service bays facing the public rights -of -way unless a Special Event Permit is first obtained to authorize said display. 10. That the 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 No. 1 (Conditional Use Permit No. 4023), and as conditioned herein. 11. 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 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 May 22, 2000. (Original signed by Phyllis R. Boydstun) CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: (Original signed by Margarita Solorio) SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 _ PC2000 -63 STATE OF CALIFORNIA) COUNTY OF ORANGE ) as. CITY OF ANAHEIM ) I, Margarita Solorio, 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 May 22, 2000, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD. BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this day of .2000. LOritinsl :itne6 by Mtularita Solorio) SECRETARY, ANAHEIM CITY PLANNING COMMISSION PC2000-63 Code Enforcement Division Memo MEMORANDUM CITY OF ANAHEIM Community Preservation Division DATE: 10 -07 -2005, TO: Della Herrick, Associate Planner FROM: Bill Small, Community Preservation Officer SUBJECT: 837 E. Orangethorpe Ave. #A F -AIRM, M MIMI- Mina I inspected the property at 837 E. Orangethorpe Ave #A in conjunction with application to reinstate tire sales and installation facility. (CUP 2005- 05036) I observed the following: 1. There was no outdoor display of tires, vehicles, or vehicular parts. 2. The manager stated they are still observing work hours of 7:30 am to 7:00 pm. 3. I saw three persons, plus the manager on the interior of the building. 4.The landscaping was maintained minimally. 5.. There were no vending machines outside the building. 6. There were no window signs. 7. There was no public telephone on the outside of the building. 8. There were banners and advertising in the bay area file: / //IIV REPORTS / Planning% 20Commission /11- 14- 05 %20P...Book/Item %20No. %202 /ATT/ code %20enforcement %20memo.html l /9/2005 4:27:28 AM ITEM NO. 1 -A 6p Ky4ar I SOIL) r ptG� ga3 6 pU VPR �G VPR 12na aDU aUU O PVE a UU aUU ON C`\FT RM" 64"41 6 RG- 53"11 RGGUp4EN A �1 99 52-534 1 459 R �UP I2GPREER 52,y3.�1 RC'L vPR? �404a411 GAUF�GHO0�5 AA41 5 c194 "9 -0g��1 p R p 2o ��gq �c�P 92 66 Al CUP VAR 233 USER gal sz o 04659 53" W RG1. 52�EGNNIGAI. j72 " ON E ERHPE ply 418 x O SG 1_ A AA GUP cUP g U BR HO cM�1OR" K T 90 4 a;; c 5R } T 5 "63A 61 0 RCL 52 -53 -11 2 191 in 1 RCL 52 -53 -1 I CUP 4024 ?20 $3��g55 rvm UP 2005-0503 - p ?7 $o3 -02 U uo� CUP 1222 m CUP 3963 N JP 2 609 = N RCL 52 -53-11 �j< (RCL 55- 56 -20) w CUP 3430 p � > (CUP 1025) AUSCHOPSAIR o C) PGN9 1NMK B ELL 2 993 — INTERNATIONA COMPANY SNCE C \5-Y UU INC o! �— 333 --►1f 150 i BALL ROAD 1 1 RCL 2000 -00023 RCL 66 -67 -14 /Res. M1' to RCL 54 -55-42 RCL 66-67-14 SABC Overlay Zone) r- RCL 66 y 6� 9 RCL 5 SG1y 777 T RCL 5556 -19 55- R CL RCL 54 RCL 66 -67 -14 RCL 55 -56 -19 McPEEK DODGE G -55 -42 SMALL IND. RCL 54 -55-42 C) VPRA62ODGE Z FIRMS D SMAL J McPEEK ��A SABC Overlay Zone RC`6 R v P V PR X362 000- 3 pvedaYl RCL 54 -55-42 SMALL IND RGt- tto BP6G of \Wren ^ FIRMS lRes _. F r,.42 Conditional Use Permit No. 2005 -05031 Subject Property Date: November 14, 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 - Olin International, Inc- 2034 Staff Report to the Planning Commission November 14, 2005 Item No. 3 3a. CEQA NEGATIVE DECLARATION (Motion for continuance) 3b. WAIVER OF CODE REQUIREMENT 3c. 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 wholesale (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 spaces required; 18 proposed) BACKGROUND (3) This item was continued from the October 31, 2005, Commission meeting to allow the applicant time to complete revisions to the submitted parking study. (4) 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. (5) The applicant, Patrick Andersen, has submitted the attached letter dated November 7, 2005, requesting a continuance to the December 12, 2005, Commission meeting in order to complete revisions to the submitted parking study. PREVIOUS ZONING ACTIONS: (6) 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. (7) That the Commission, by motion, continue this item to the December 12, 2005, Planning Commission meeting. Sr- cup2005- 05031(cont 111405)jpr Page 1 file: / //AI/ REPORTS / Planning %2OConunis ion/11- 14- 05 %20PC %20Meet ... e %20 " /o20301 %20E. %20Ba]1 %20Road %20 " /o20Second %20Continumee.htm From: Patrick Andersen [PAndersen@waremalcomb.com] Attachment -Item No. 3 Sent: Monday, November 07, 2005 3:15 PM To: John Ramirez Subject: 011in International Outdoor Crane - 301 E. Ball Road John, We would like to request a continuance from the November 14 Planning Commission Meeting to the December 12 Planning Commission Meeting to complete the additional revision comments requested to the drawings and Parking Analysis. Please let me know if there are any problems with this. We are trying to get all of the revisions completed and over to you by the end of this week. 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: / //HI/ REPORTS / Planning %2OConuy imion/11 -14 -05 %201' ... 301 %20E. %20Ba11 %20Road %20 " /o20Second %20Continumce.htmll /9/2005 5:00:53 AM ITEM NO. 1 -A SP 67.61 1a91 RG BlG; p122A 2 cu? 1203 VAR 2872 �— 170' —� r P C -G CL 96 0 L 65 -66 -07 2005 -05022 UP 3902 CUP 718 10.91 -2 SP92 -2 1 1910 S GL 90.91 -23 512 S GL 72-7329 BOR GUP2573 TO VACANT BALL ROAD SP 92 -2 RCL 66 -67 -61 (93) RCL 66 -67 -61 (54) VAR 3842 HOLIDAY INN ANAHEIMATTHE PARK 2� '9 9 T� `J Conditional Use Permit No- 3902 0 LU W J O m O m Q M / gP 9 9.23 C` g0. 119 RCL 9091 -23 2CL 58 -59 -121 F2G�- y CUP RCL 53 -541 1y93 CUP VAR 3007 GENERAL STORE VAR 684 VAR 301 VAR 228 PCN 97 -03 SERVICE STATION / (READVERTISED) G� RCL 67Z 1 O-L RGL 5354 -11 C RCL 67 -68 -39 IGUP UP 13 RC 5 3 - 54 - 11 C ESY CUP UP 130 130 L 6 LODGE ANAHEIM RCL 67A B 39 MOTEL P 53M" �R�2i P N Subject Property TRACKING NO- CUP2005 -05022 Date: November 14, 2005 Scale: 1"=200' Requested By: MAC S- BHUPINDER Q -S- No- 86 REQUEST TO CONSTRUCT A COFFEE SHOP (STARBUCKS) AND TO ESTABLISH A COMMERCIAL RETAIL CENTER (WITH OFFICES) IN CONJUNCTION WITH AN EXISTING SERVICE STATION WITH ACCESSORY CONVENIENCE MARKET WITH BEER AND WINE FOR OFF - PREMISES CONSUMPTION AND A 2,000 SQUARE FOOT DRIVE THROUGH FAST FOOD RESTAURANT WITH WAIVERS OF: (a) minimum structural and landscaped setback adjacent to a local street, (b) required dedication for a local street, and (c) minimum number of parking spaces- 1200 South Harbor Boulevard SP 9 g� -23 RGL 90�5g.119 RGL 5P 1 838 SUP 15iwORGD 1RP� R�RP RK SP 92 -2 RCL 90 -91 -23 RCL 58 -59 -119 CUP 1838 CUP 1573 2044 BOYSEN AVE a'tiw r:� P' Date of Aerial Photo: May 2002 (READVERTISED) Conditional Use Permit No. 3902 Subject Property TRACKING NO. CUP2005 -05022 Date: November 14, 2005 Scale: 1"=200' Requested By: MAC S. BHUPINDER Q.S. No. 86 REQUEST TO CONSTRUCT A COFFEE SHOP (STARBUCKS) AND TO ESTABLISH A COMMERCIAL RETAIL CENTER (WITH OFFICES) IN CONJUNCTION WITH AN EXISTING SERVICE STATION WITH ACCESSORY CONVENIENCE MARKET WITH BEER AND WINE FOR OFF - PREMISES CONSUMPTION AND A 2,000 SQUARE FOOT DRIVE THROUGH FAST FOOD RESTAURANT WITH WAIVERS OF: (a) minimum structural and landscaped setback adjacent to a local street, (b) required dedication for a local street, and (c) minimum number of parking spaces. 1200 South Harbor Boulevard 2044 Staff Report to the Planning Commission November 14, 2005 Item No. 4 4a. CEQA NEGATIVE DECLARATION (Motion) 4b. WAIVER OF CODE REQUIREMENT (Motion) 4c. CONDITIONAL USE PERMIT NO. 3902 (READVERTISED) (Resolution) ( TRACKING NO. CUP2005- 05022 SITE LOCATION AND DESCRIPTION: (1) This irregularly- shaped, 0.98 -acre property is located at the southeast corner of Harbor Boulevard and Ball Road having frontages of 310 feet on the east side of Harbor Boulevard, 170 feet on the south side of Ball Road, and 322 feet on the west side of Palm Street (1200 South Harbor Boulevard). REQUEST: (2) The applicant requests to construct a coffee shop (Starbucks) and to establish a commercial retail center (with offices) in conjunction with an existing service station with accessory convenience market with beer and wine for off - premises consumption and a 2,000 square foot drive - through fast food restaurant under authority of Code Section 18.08.030.010, with waiver of the following: (a) SECTION NOS. 18.08.060.010.0101 and 18.08.060.010.0102 Minimum structural and landscape setback (10 feet required along Palm Street; 2 feet proposed) (b) SECTION NO. 18.40.060.030 (c) SECTION NO. 18.42.040.010 BACKGROUND Required dedication and improvement of local street (DELETED Minimum number of parking spaces (64 required; 41 proposed and recommended by staff) (3) This item was continued from the October 3, 2005, Commission meeting to allow the applicant time to make modifications to the plans and to re- advertise the request to include a commercial retail center (4) This property is developed with a service station with accessory convenience market with beer and wine for off - premises consumption, a 2,000 square foot drive - through fast food restaurant and is zoned C -G (General Commercial). The Anaheim General Plan designates this properly for General Commercial land uses. The General Plan further designates properties to the north and west (across Harbor Boulevard and Ball Road) for Commercial Recreation land uses, properties to the east for Office -Low land uses, and properties to the south for Low Density Residential land uses. Page 1 Staff Report to the Planning Commission November 14, 2005 Item No. 4 SR- CUP3902_111405 ipr PREVIOUS ZONING ACTIONS: (5) Conditional Use Permit No. 3902 (to permit service station with accessory convenience market with beer and wine for off - premises consumption and a 2,000 square foot drive - through fast food restaurant with waiver of maximum wall height, minimum number of parking spaces, minimum structural and landscaped setback adjacent to a local street, required site screening, and minimum landscaped setback adjacent to a residential zone boundary ) was approved, in part, by the Planning Commission on February 3, 1997. Because requests for a general plan amendment and reclassification were submitted in conjunction with the request for the service station, the City Council approved the request, in its entirety, on February 25, 1997. (6) Resolution No. PC98 -204 adopted in conjunction with a previous amendment to Conditional Use Permit No 3902 contains the following condition of approval' "42. 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 Revision No. 1 of Exhibit Nos. 1, 3 and 4, and Exhibit Nos. 2, 5, 6, 7, 8, 9 and 10, and as conditioned herein; provided, however, that a second monument sign shall not be permitted on the property." DISCUSSION: (7) The applicant requests a modification of exhibits forthis conditional use permit to construct a 1,240 square -foot addition on the north side of the existing convenience market building for a coffee shop (Starbucks) and to establish a 2,102 square feet of accessory office area within the second story above the existing convenience market. The division of this space into office suites and the addition of the coffee shop change the use of this property as defined in the Zoning Code, to a commercial retail. Therefore, staff advertised the request as such in conjunction with the re- advertisement of the originally- approved conditional use permit. The site contains a fully operational service station, convenience market and fast food restaurant. No changes are proposed to the fast food restaurant or service station canopy. Page 2 Staff Report to the Planning Commission November 14, 2005 Item No. 4 r �m spy = i �.,� } f S View of existing two -story convenience market building. (8) The site plan (Revision 2 of Exhibit No. 1) indicates the Starbucks would have the following setbacks: * *Requested waiver for minimum landscaped and structural setback. The site plan indicates the proposed one -story Starbucks would be located at the north side of the existing convenience market building and would be setback two feet from Palm Street, in line with the existing building. A small patio area for Starbucks would face Ball Road. Two stairways for second story access would be constructed — one in between the new Starbucks and the existing building and one at the south side of the building within an existing walkway (see below). Code requires a minimum 10 -foot landscaped and structural setback adjacent to a local street (Palm Street). Page 3 Code Code Direction Required /Proposed Required /Proposed Building Setback Landscape Setback North (adjacent to Ball) 15 feet/33 feet, 10 15 feet/22 feet inches South NA NA East (adjacent to Palm) 10 feet/ 2 feet 10 feet/2 feet ** West (adjacent to 15 feet/141 feet, 6 15 feet/15 feet Harbor) inches * *Requested waiver for minimum landscaped and structural setback. The site plan indicates the proposed one -story Starbucks would be located at the north side of the existing convenience market building and would be setback two feet from Palm Street, in line with the existing building. A small patio area for Starbucks would face Ball Road. Two stairways for second story access would be constructed — one in between the new Starbucks and the existing building and one at the south side of the building within an existing walkway (see below). Code requires a minimum 10 -foot landscaped and structural setback adjacent to a local street (Palm Street). Page 3 Staff Report to the Planning Commission November 14, 2005 Item No. 4 Proposed Stairway Access to Second Story Offices (9) Vehicular access to the site will not change and is currently provided via one (1) driveway from Harbor Boulevard and one (1) driveway from Ball Road. The site plan indicates a total of 41 parking spaces available for the existing and proposed uses. Code requires 64 spaces based on the following: USE SQUARE FEET CODE - REQUIRED RATIO (per 1,000 sq. ft.) PARKING REQUIRED Convenience 2 5.5 spaces 14.8 Market Drive Through Fast 2,126 16 spaces 34 IDE AL Proposed Starbucks (less 1,240 5.5 spaces 6.8 than 10 seats) Proposed Offices 2,102 4 spaces 8.4 TOTAL 64 NEW NEW o STA1 GCKS PATIO o (ONE ORY) 1,246 F E 4' -b'" 31 11' -10 ", 22' -9" RW SIDEWALK LANDSCAPING o pp �} Proposed Stairway Access to Second Story Offices (9) Vehicular access to the site will not change and is currently provided via one (1) driveway from Harbor Boulevard and one (1) driveway from Ball Road. The site plan indicates a total of 41 parking spaces available for the existing and proposed uses. Code requires 64 spaces based on the following: USE SQUARE FEET CODE - REQUIRED RATIO (per 1,000 sq. ft.) PARKING REQUIRED Convenience 2 5.5 spaces 14.8 Market Drive Through Fast 2,126 16 spaces 34 Food Restaurant Proposed Starbucks (less 1,240 5.5 spaces 6.8 than 10 seats) Proposed Offices 2,102 4 spaces 8.4 TOTAL 64 (10) The floor plans (Exhibit Nos. 2a and 2b) indicate the Starbucks would have two primary entryways — one on the west (facing Harbor) and one on the north (facing Ball) and a small patio area along the Ball Road frontage. No changes are proposed to the first floor of the convenience market. The floor plans also indicate that in addition to the existing office for the convenience market, the existing second story would be improved with eight (8) individual office spaces, a common reception area and two (2) restrooms. Three (3) stairways would access the second story space — two (2) stairways from the exterior and one (1) from the interior of the market. A small interior access to the roof of the Starbucks would be located at the north side of building. Page 4 Staff Report to the Planning Commission November 14, 2005 Item No. 4 New Starbucks Location w (11) The elevation plans and color renderings (Exhibit No. 4a, 4b and 8) indicate a 20 -foot high, single -story building addition containing a beige stucco finish, clear anodized aluminum windows, and tile cladding along bottom portion of each elevation. A metal canopy would wrap the north, west, and east ?? elevations, and would extend through to the existing convenience market building to provide a visual link between the new and existing portions of the building. The exterior tile treatment along the bottom portion of the new building would be added to the existing building for a consistent aesthetic between the convenience market building and proposed addition. Except for the roof, the new building would be consistent in design and color with the existing convenience market. Clay tile accents would extend along the east building elevation to break up the building elevation facing Palm Street. (12) The elevation plans further indicate the location of three (3) proposed wall signs to be located on the north, east, and west elevations of the new portion of the building. The wall signs would be internally - illuminated, with channel lettering (Pine Grove color), and would be 1925 square -feet in size. Two Starbucks logos (5.6 square feet each) are proposed as window signs on the north and west elevations. 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. Signs on the inside of windows of commercial buildings are allowed, provided all such permanent and temporary signs obscure no more than ten percent (10 %) of the total window area. Each of the signs proposed comply with Code. (13) The roof plan (Exhibit No. 9) indicates four (4) foot high address numbers and two air conditioning units on the proposed flat roof of the new Starbucks. Cross - section details reflect the equipment would be screened from view by a roof parapet wall integrated into the architecture of the building in compliance with Code. Code requires roof - mounted mechanical equipment to be screened from view in any direction (360 degrees) from any Page 5 Staff Report to the Planning Commission November 14, 2005 Item No. 4 public right -of -way, public property or any adjacent property as may be seen from a point six (6) feet above ground level on such adjacent property, public property, or sidewalk on the opposite side of the street. Code further requires screening of equipment be an integral part of the building design such that the screening method and materials are not recognizable as a screening device and materials of the screening be provided by acceptable, permanent building materials, the same as or similar to those used in the construction of the underlying building. a View of Existing Landscaping Adjacent to Ball Road (14) The landscape plan (Revision 1 of Exhibit No. 6) reflects all existing landscaped areas on site and indicates that no changes are proposed to on -site landscaping as part of this proposal. Site photographs indicate all on site landscaping is being properly maintained. Staff observed 21 trees along Ball Road, 25 trees along Harbor Boulevard, and 19 trees along Palm Street, within the setback areas. Code requires one tree for every 20 lineal feet of street frontage (9 trees on Ball Road, 16 trees on Harbor Boulevard and 16 trees on Palm Street). 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 Palm Street and the number of trees within the parking area and setback areas (of which the applicant is aware and willing to address to comply with Code as conditioned), the existing landscaping complies with Code. (15) The property owner submitted a letter of request indicating the second story of the convenience market would be improved to create separate leasable office spaces. The letter further indicates a proposed addition to accommodate a new Starbucks. No information has been provided detailing the proposed operation of the Starbucks. The applicant has indicated the Starbucks would have no more than ten (10) seats within the proposed seating area inside the building. Page 6 Staff Report to the Planning Commission November 14, 2005 Item No. 4 ENVIRONMENTAL IMPACT ANALYSIS: (16) 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 (17) Commercial retail centers (two or more tenant spaces) are permitted in the C -G zone subject to the approval of a conditional use permit. Photograph of the Existing Building and Wall along Palm Street (18) Waiver (a) pertains to the minimum structural and landscaped setback adjacent to a local street. Code requires a 10 -foot wide structural and landscaped setback along local streets and plans indicate a setback of two (2) feet from the ultimate right -of -way for the proposed Starbucks. The new building would be constructed in line with the existing convenience market building on site (see photograph above). The existing building was originally approved with a waiver for minimum landscaped setback adjacent to a residential zone. At that time, Code required a minimum 10 -foot wide landscaped setback and a minimum 6 -foot high screen wall to buffer the adjacent residential uses from the commercial use. The waiver was granted based upon the proposed layered Page 7 Staff Report to the Planning Commission November 14, 2005 Item No. 4 landscape theme and an 8 -foot high block wall (seen in photo above). Because the proposed addition would be in line with the existing building and the existing wall, and since the addition would be consistent with the assumptions of the previously- approved waiver, staff believes the necessary findings for approval of the requested waiver can be justified, given the property's unique shape and location (fronts on three streets with over 800 linear feet of frontage. Required street and front setbacks are intended to provide an adequate landscaped buffer between buildings and the adjacent public or private streets. Since the proposal meets the intent of the Code and is consistent with the previously - approved waiver, staff recommends approval of the waiver. (19) Waiver (b), pertaining to required dedication and improvement to a local street has been deleted as it is not necessary. (20) Waiver (c) pertains to the minimum number of parking spaces. Code requires a minimum of 64 spaces for the combined uses on site and 41 spaces are proposed. The applicant has submitted a parking analysis prepared by Kunzman Associates, Inc., dated November 7, 2005, to substantiate the requested parking waiver. The City's independent traffic engineer has reviewed the parking analysis and has determined that the proposed parking area referenced in the study would be sufficient for the existing and proposed uses on the property. Based upon the analysis provided by the applicant and upon the recommendation of the City's independent traffic engineer, 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 the existing on site uses is 25 spaces, resulting in an excess of 16 parking spaces. The proposed uses would generate a Code - required demand of 15 spaces. Since the project would provide a total of 41 parking spaces, and project demand would be a total of 40 spaces, staff believes the project would provide adequate off - street parking to accommodate all vehicles attributable to the proposal 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 at least one space during peak operation. It is unlikely that the on site peak demand of current uses (12:30 p.m. on a Saturday) would conflict with the peak demand for the two proposed uses (Starbucks and offices); therefore, staff does not believe there would be an impact upon on- street parking 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 property will provide adequate parking to accommodate actual parking demand. The site is expected to contain a surplus of at least one space during peak operation. Page 8 Staff Report to the Planning Commission November 14, 2005 Item No. 4 However, it is unlikely that the on site peak demand of current uses (12:30 p.m. on a Saturday) would conflict with the peak demand for the two proposed uses (Starbucks and offices). As indicated by the study, no demand for parking on adjacent private property is anticipated. (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. No change in the configuration of the site driveways or internal circulation are proposed in a manner that would create potential conflict or traffic congestion within the site. The combined uses on site operate such that peak operation demand for the uses would generally not overlap (Taco Bell has a high weekend lunch demand, Starbucks typically has a morning weekday demand, the service station and convenience market would generally have a high morning and evening demand, and the office would have a weekday demand). Since the peak demands of the uses do not significantly overlap, 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. No change is proposed to the location of the driveways on the site and only a minor change to the parking layout is proposed and would not impede vehicular 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. (21) Although staff is supportive of the request to construct the Starbucks and to establish a commercial retail center with the proposed offices, staff has concerns pertaining to on -site signage for each individual tenant that may lease the office spaces above the convenience market building. Staff has included a condition of approval limiting the signage for the offices to one wall sign above the office entryway on the west elevation of the convenience market building. Staff believes the size and shape of the property is adequate to accommodate the combined uses on site and recommends approval of the request to construct a coffee shop (Starbucks) and to establish a commercial retail center (with offices), with the associated waivers- 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. Page 9 Staff Report to the Planning Commission November 14, 2005 Item No. 4 (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) Thatthe waiver, underthe 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). (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 major modification to a 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 modification of 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 modification 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 Page 10 Staff Report to the Planning Commission November 14, 2005 Item No. 4 (e) That the granting of the modifications underthe conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. (25) 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- RECOMMENDATION (26) 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, approve a Negative Declaration. (b) By motion, approve waiver (a) pertaining to the minimum structural and landscaped setback adjacent to a local street based on the findings set forth in paragraph 18 of this report; and waiver (c) pertaining minimum number of parking spaces based on the findings set forth in paragraph 20 of this report. (c) By motion, deny waiver (b), pertaining to required dedication and improvement to a local street, as it has been deleted (d) By resolution, approve an amendment to Conditional Use Permit No. 3902 to construct a coffee shop (Starbucks) and to establish a commercial retail center (with offices) in conjunction with an existing service station with accessory convenience market with beer and wine for off - premises consumption and a 2,000 square foot drive - through fast food restaurant by adopting the attached resolution including the findings and conditions contained therein. Page 11 [DRAFT] RESOLUTION NO. PC2005 ="' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION AMENDING RESOLUTION NOS. 97R -21 AND PC98 -204, ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 3902 WHEREAS, on February 25, 1997, Resolution No. 97R -21 was adopted by the Anaheim City Council to approve Conditional Use Permit No. 3902 and permit a service station and accessory convenience market with the sale of beer and wine for off - premises consumption, and a drive - through fast food restaurant at 520 West Ball Road with waivers of maximum wall height and minimum structural and landscaped setback adjacent to a local street and required site screening; and WHEREAS, on December 21, 1998, Resolution No. PC98 -204 was adopted by the Anaheim Planning Commission for approval of revised plans to construct a drive - through fast food restaurant in conjunction with the service station and accessory convenience market with the sale of beer and wine for off premises consumption, with waivers of minimum number of parking spaces and minimum drive - through lane requirements; and WHEREAS, this property is developed with a service station, accessory convenience market and fast -food drive - through restaurant in the CG (General Commercial) zone; and WHEREAS, the applicant requests approval of revised plans to construct a coffee shop (Starbucks) and to establish a commercial retail center (with offices) in conjunction with the existing service station, and drive - through fast food restaurant, with waivers of minimum structural and landscape setback, required improvements for a local street, and minimum number of parking spaces; and 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: PARCEL 1: LOTS 65 THROUGH 69 INCLUSIVE OF TRACT NO. 1758, AS SHOWN ON A MAP RECORDED IN BOOK 53, PAGES 19 AND 20 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING FROM SAID LOT 65 THAT PORTION DESCRIBED AS PARCEL 200709 -1 IN DEED TO THE STATE OF CALIFORNIA RECORDED AUGUST 31, 1994 AS INSTRUMENT NO. 94- 0534178 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. PARCEL 2: THE WEST 150.00 FEET OF THE NORTH 150.00 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDED OF ORANGE COUNTY, CALIFORNIA. PARCEL 3: THE SOUTH 90.00 FEET OF THE NORTH 240.00 FEET OF THE WEST 150.00 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. Cr\PC2005- -1- PC2005- Tracking No. CUP2005 -05022 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, 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 that said public hearing was continued to the November 14, 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 proposal to construct a coffee shop (Starbucks) and to establish a commercial retail center (with offices) in conjunction with an existing service station with accessory convenience market with beer and wine for off - premises consumption and a 2,000 square foot drive -thru fast food restaurant, is authorized by Anaheim Municipal Code Section 18.08.030.010, with the following waivers: (a) SECTION NOS. 18.08.060.010.0101 and 18.08.060.010.0102 Minimum structural and landscape setback (10 feet required along Palm Street; 2 feet proposed) (b) SECTION NO. 18.40.060.030 (c) SECTION NO. 18.42.040.010 Required dedication and improvements for a local Street (DELETED Minimum number of parking spaces (64 required; 41 proposed and recommended by the City's independent traffic engineer) 2. That the above - mentioned waiver (a) is hereby approved because the proposed addition would be in line with the existing building and the existing wall, and since the addition would be consistent with the assumptions of the previously- approved waiver, staff believes the necessary findings for approval of the requested waiver can be justified, given the property's unique shape and location (fronts on three streets with over 800 linear feet of frontage. Required street and front setbacks are intended to provide an adequate landscaped buffer between buildings and the adjacent public or private streets. Additionally the proposal meets the intent of the Code and is consistent with the previously- approved waiver staff. 3. That the above - mentioned waiver (b) is hereby denied as it is not necessary. 4. That the above - mentioned waiver (c) is hereby approved based submitted a parking analysis prepared by Kunzman Associates, Inc., dated November 8, 2005, to substantiate the requested parking waiver. The City's independent traffic engineer 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. 5. That the parking 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, since the observed parking demand of the existing on site uses is 25 spaces, resulting in an excess of 16 parking spaces. The proposed uses would generate a code - required demand of 15 spaces. Since the project would provide a total of 41 parking spaces, and project demand would be a total of 40 spaces, staff believes the project would provide adequate off - street parking to accommodate all vehicles attributable to the proposal under normal operation. 6. 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 -2- PC2005- demand under normal operation. The site is expected to contain a surplus of at least one space during peak operation. It is unlikely that the on site peak demand of current uses (12:30 p.m. on a Saturday) would conflict with the peak demand for the two proposed uses (Starbucks and offices); therefore, staff does not believe there would be an impact upon on- street parking as a result of this use. 7. 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 as the property will provide adequate parking to accommodate actual parking demand. The site is expected to contain a surplus of at least one space during peak operation. However, it is unlikely that the on site peak demand of current uses (12:30 p.m. on a Saturday) would conflict with the peak demand for the two proposed uses (Starbucks and offices). As indicated by the study, no demand for parking on adjacent private property is anticipated. 8. That the waiver, under the conditions imposed, will not increase traffic congestion within the off - street parking areas or lots provided for such use since no change in the configuration of the site driveways or internal circulation are proposed in a manner that would create potential conflict or traffic congestion within the site. The combined uses on site operate such that peak operation demand for the uses would generally not overlap (Taco Bell has a high weekend lunch demand, Starbucks typically has a morning weekday demand, the service station and convenience market would generally have a high morning and evening demand, and the office would have a weekday demand). Since the peak demands of the uses do not significantly overlap, traffic congestion would not be anticipated with implementation of the project. 9. 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 since no change is proposed to the location of the driveways on the site and only a minor change to the parking layout is proposed and would not impede vehicular ingress to or egress from adjacent properties. Furthermore, it has been established 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. 10. 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 as the parking study has demonstrated that the site can accommodate the combined uses on site; 11. 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. 12. That *** 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 construct a coffee shop (Starbucks) and to establish a commercial retail center (with offices) in conjunction with an existing service station with accessory convenience market with beer and wine for off - premises consumption and a 2,000 square foot drive - through fast food restaurant, with waiver of minimum number of parking spaces and minimum landscape and structural setback and does hereby find that a Negative Declaration 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 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- -3- PC2005- NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, amending Conditional Use Permit No. 3902, and incorporating the conditions of approval contained in Resolution Nos. 97R -21 and PC98 -204 into a resolution with 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: (Bold text indicates new or modified conditions) 1. That there shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 2. That there shall be no display of beer and wine located outside of the building or within five (5) feet of any public entrance to the building. 3. That the area of beer and wine displays shall not exceed 25% of the total display area in the building. Said information shall be specifically shown on plans submitted for building permits. 4. That the sale of beer and wine shall be made to customers only when the customer is in the building. 5. That beer and malt beverages shall not be sold in packages containing less than a six (6) pack, and that wine coolers shall not be sold in packages containing less than a four (4) pack. 6. That the possession of beer and wine in open containers and the consumption of beer and wine are prohibited on or around the premises. 7. That the gross sales of beer and wine shall not exceed 40% 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 beer and wine and other items. These records shall be made available for inspection by any City of Anaheim official when requested. 8. That no wine shall be sold in bottles or containers smaller than 750 ml. 9. That no person under eighteen (18) years of age shall sell or be permitted to sell any beer or wine unless a supervisor twenty -one (21) years or older is on site. 10. That window signage shall not be permitted for the service station, convenience market and/or fast food restaurant. 11. That the sale of beer and wine shall be permitted only between the hours of 8 am and 11 pm. 12. That the order speaker device for the drive -thru restaurant shall be equipped with an operable volume control. The sound emitted shall not be audible at the residentially zoned boundaries to the south and east. The ordering device shall not operate after 11 pm or before 6 am. 13. That no propane tank(s) shall be permitted on site. 14. 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. 15. That no video, electronic or other amusement devices shall be permitted on the premises- -4- PC2005- 16. That the service station, convenience market, coffee shop, and fast food restaurant employees shall be required to park in the parking spaces adjacent to the east property line. 17. 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. That the additional signage shall be limited to a single wall sign on the west elevation of the convenience market building to identify the office space; and the wall signs shown on the approved exhibits for the Starbucks. No additional wall or freestanding /monument signs shall be permitted. 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. 18. That if the Starbucks use changes, 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. 19. That all public phones shall be located inside the building. 20. 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. 21. 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. 22. That no roof - mounted balloons or other inflatable devices shall be permitted on the property. 23. That no outdoor vending machines shall be permitted on the property. 24. 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. 26. That there shall be no outdoor storage permitted on the premises. 26. 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. 27. 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. 28. 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. 29. 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 -5- PC2005- needed. The owner /developer shall be responsible for the costs to upgrade or to abandon any water service of fire line. 30. That the developer shall submit grading plans to the Public Works Department, Development Services Division to improve right -of -way with the installation of parkway and street trees and irrigation on Ball Road 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 Ball Road shall be connected to the on -site irrigation system and maintained by the property owner. 31. That the property owner shall irrevocably offer to dedicate for corner cut -off for road, public utilities and other public purposes, at Ball Road and Harbor Boulevard and Ball Road and Palm Street. 32. That the property owner shall improve the sidewalk access ramps adjacent to the property to be consistent with Public Works Standard Detail 111.2 on Ball Road. Said information shall be specifically shown on plans submitted for Public Works Department, Development Services Division approval. 33. That the property owner shall irrevocably offer to dedicate to the City of Anaheim an easement 3 feet in width (12 -feet total r/w behind curb is required) for a total distance of 30 feet from the construction centerline of Palm Street for road, public utilities and other public purposes. 34. 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 screening, color of walls, materials, identifiers, access points, etc.). Said information shall be specifically shown on plans submitted for building permits. 35. That any required relocation of City electrical facilities shall be at the developer's expense. 36. 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. 37. That the property owner /developer shall provide the City of Anaheim with a public utilities easement to be determined as electrical design is completed. 38. That plans shall be submitted to the Planning Services Division for 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. 39. That an Emergency Listing Card, Form ADP -281 shall be submitted in a completed form to the Anaheim Police Department. 40. 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. 41. 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. -6- PC2005- Minimum 24 -inch box sized trees, and clinging vines along all perimeter block walls and landscaped fingers every ten (10) parking stalls. 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. 42. That no on- street parking shall be permitted on the west side of Palm Street for a distance of three hundred (300) feet south from Ball Road. 43. 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 Revision No. 2 of Exhibit No. 1, Revision No. 1 of Exhibit Nos. 3 and 6, and Exhibit Nos. 2a, 2b, 4a, 4b, 5, 7, 8, and 9, and as conditioned herein. 44. 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. 17, 24, 26, 30, 31, 32, 33, 34, 36, 37, 38, 40 and 41, 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. 45. That prior to final building and zoning inspections, Condition Nos. 28, 32, 39, and 43, 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. 46. 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. 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 November 14, 2005. 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. CHAIRMAN. ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION -7- PC2005- 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 November 14, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of , 2005. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -8- PC2005- 0 0 Attachment - Item No. 4 W-1-i oximelm • A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 3902 BE GRANTED, IN PART WHEREAS, the Anaheim City 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: PARCEL 1: LOTS 65 THROUGH 69 INCLUSIVE OF TRACT NO. 1758, AS SHOWN ON A MAP RECORDED IN BOOK 53, PAGES 19 AND 20 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING FROM SAID LOT 65 THAT PORTION DESCRIBED AS PARCEL 200709 -1 IN DEED TO THE STATE OF CALIFORNIA RECORDED AUGUST 31, 1994 AS INSTRUMENT NO. 94 -0534178 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. PARCEL 2: THE WEST 150.00 FEET OF THE NORTH 150.00 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDED OF ORANGE COUNTY, CALIFORNIA. PARCEL 3: THE SOUTH 90.00 FEET OF THE NORTH 240.00 FEET OF THE WEST 150.00 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center In the City of Anaheim on January 22, 1997 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 18.03, 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 that the said public hearing was continued to the February 3, 1997 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 Anaheim Municipal Code Sections 18.44.050.070, 18.44.050.195, 18.44.050.300 and 18.87.023.020 to permit a service station and accessory convenience market with sale of beer and wine for off - premises consumption and a 2,100 sq.ft. drive- through, fast -food restaurant with the following waivers: CR2818DM. W P -1- P097 -9 (a) Sections 18 04.043.102 Maximum wall helaht and 18.44 068 (6 -foot high block wall required adjacent to residential zone boundaries; 8 -foot high block wall proposed adjacent to RS -7200 "Residential, Single - Family' zoning to the south) (b) Sections 18- 06.050.020.0225 Minimum number of parking spaces, 18.06 050 020.0233 18.06 080 and 18 44 066.050 (c) Sections 18.04.043.101(a) Minimum structural and landscaped setback adjacent 18.44.063.020 to a local street and required site screening and 18.44.068 (10400t wide landscaped structural setback required along Palm Street, ¢ foot landscaped setback proposed; 6400t high block wall required behind the required 10 -foot landscaped setback along Palm Street to screen the parking spaces from the residences along Palm Street, 8400t high block wall proposed behind the 5 -foot landscaped setback and maximum 3400t high block wall permitted within 10 feet of Palm Street, 8 -foot high block wall proposed 5 feet from Palm Street) • r •. r r 1 t'i177Nl7f•Ti 177, M7131;7elace J .. = to a residential zone boundarv. 2. That waiver (a) Is hereby approved on the basis that there Is a special circumstance applicable to the property consisting of its location adjoining a single family residence In the RS -7200 Zone, which does not apply to other Identically zoned properties In the vicinity; and that the proposed 8 -foot wall height will enhance the separation of the proposed commercial uses from the existing single- family residence to the south; 3. That waiver (b) Is hereby denied on the basis that the need for said parking waiver was deleted in connection with submittal of final plans; 4. That waiver (c) Is hereby approved on the basis that there are special circumstances applicable to the property consisting of Its location and surroundings, which do not apply to other identically zoned properties In the vicinity, because subject property abuts Palm Street on the east (a residential area) and Harbor Boulevard (a major arterial highway) on the west; that the proposed 8 -foot high wall behind the 5 -foot wide landscaped setback along Palm Street will provide Increased separation of the proposed commercial uses from the residential neighborhood to the east; and that the petitioner has Incorporated extensive layered landscape planting that will give the appearance of greater depth to this landscaped area and, further, has proposed to plant vines on both sides of the block wall with additional shrubs planted In a 2 -foot wide landscaped setback on the west (service station side) of the block wall to visually "soften" said wall as viewed from Harbor Boulevard; -2- PC97 -9 0 0 5. That waiver (d) is hereby denied on the basis that the need for said landscaped setback waiver was deleted in connection with submittal of final plans; 6. That strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under Identical zoning classification In the vicinity; 7. That the proposed use Is properly one for which a conditional use permit Is authorized by the Zoning Code; 8. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area In which it Is proposed to be located because the proposed service station and drive- through restaurant are compatible with nearby commercial land uses and are consistent with similar types of land uses located at the intersection of many arterial highways throughout the City; 9. That the size and shape of the site for the proposed use Is adequate to allow the full development of the proposed use In a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare because, as designed, the project Is sensitive to the protection of nearby single - family residences; and, as conditioned, the proposed service station and drive - through restaurant will not adversely affect nearby commercial businesses nor adversely Impact the existing single- family residential neighborhood to the south and east; 10. 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 because adequate Ingress /egress from public streets, on -site vehicular circulation, and Code - required parking for the customers patronizing the proposed service station and drive- through restaurant will be provided; 11. That the granting of the conditional use permit, under the conditions Imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; 12. That no one indicated their presence at said public hearing In opposition; and that no correspondence was received In opposition to the subject petition; and 13 That the proposed restaurant Is 2,100 sq.ft. Instead of 2,000 sq.ft. as advertised in error. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim City Planning Commission has reviewed the proposal to permit a service station and accessory convenience market with sales of beer and wine for off - premises consumption, and a 2,100 square -foot (advertised as 2,000 sq.ft.) drive- through, fast food restaurant with waivers of (a) maximum wall height, (b) minimum number of parking spaces, (c) minimum structural and landscaped setback adjacent to a local street and required site screening, and (d) minimum landscaped setback adjacent to a residential zone boundary on an Irregularly-shaped parcel, consisting of approximately 0.98 acre located at the southeast corner of Ball Road and Harbor Boulevard, having approximate frontages of 185 feet on the south side of Ball Road and 285 feet on the east side of Harbor Boulevard, and further described as 520 West Bell Road; and does hereby approve the Negative Declaration upon finding that the declaration reflects the Independent judgement 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 City Planning Commission does hereby grant, In part 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: -3- PC97 -9 0 1. That this conditional use permit is granted subject to City Council adoption of General Plan Amendment No. 343 and adoption of a zoning ordinance In connection with Reclassification No. 96 -97 -03, now pending. 2. That a lot line adjustment to merge the lots Into one (1) parcel shall be submitted to the Subdivision Section of the Public Works Department for approval by the City Engineer, and then recorded in the Office of the Orange County Recorder. 3. That the developer shall submit an application to the Real Property Section to abandon the existing public utility easements on -site and to obtain vehicular access rights to Harbor Boulevard (in order to accommodate the approved site plan, vehicular access rights to Harbor Boulevard must, first be approved by the City Council). 4. That prior to grading plan approval, the developer shall submit a Water Quality Management Plan (WQMP) specifically identifying the best management practices that will be used on -site to control predictable pollutants from stormwater runoff. The WQMP shall be submitted to the Public Works Department, Development Services Division, for review and approval. 5. That the developer shall reconstruct the curb and gutter and construct full width sidewalk (i.e. ten [10) feet wide) along Ball Road in conformance with Public Works Department standards. A Right -of -Way Construction permit shall be obtained from the Public Works Department, Development Services Division. The Improvements shall be constructed prior to the first final building and zoning Inspections. 6. That gates shall not be Installed across any driveways In a manner which may adversely affect vehicular traffic in the adjacent public streets. Installation of any gates shall conform to Engineering Standard Plan No. 609 and shall be subject to the review and approval of the City Traffic and Transportation Manager prior to Installatlon of said gates. 7. That no roof mounted equipment shall be permitted unless fully screened from view from all public streets and adjacent properties In accordance with the Anaheim Municipal Code. 8. That the proposed freestanding sign on subject property shall be constructed as shown on Exhibit No. 7 and shall be subject to the review and approval of the City Traffic and Transportation Manager to determine adequate lines-of-sight prior to Issuance of the building permit. 9. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the latest revisions of Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained In conformance with said plans. 10. That no driveway or pedestrian access shall be permitted along the east property line (to /from Palm Street). 11. That all driveways shall be constructed with ten (10) foot radius curb returns In conformance with Engineering Department Standard No. 137. 12. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division, for review and approval. 13. That an on -site trash truck turn - around area shall be provided and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn - around area shall be specifically shown on plans submitted for building permits. -4- PC97 -9 0 14. That during business hours of subject facility, separate men's and women's rest rooms shall be available to the public, and shall be properly supplied and maintained. Said facilities shall be specifically shown on the plans submitted for building permits. 15. That, in conformance with Anaheim Municipal Code Section 18.44.050.070 pertaining to removal of closed service stations, an unsubordinated agreement shall be recorded with the Office of the Orange County Recorder agreeing to remove the service station structures (including the underground tanks) In the event that the station Is closed for a period of twelve (12) consecutive months. A service station shall be considered closed during any month In which it Is open for less than fifteen (15) days. A copy of the recorded agreement shall be submitted to the Zoning Division. 16. That all provisions of Anaheim Municipal Code Section 18.87.023.020 (as it may be amended from time to time), pertaining to the sale of beer and wine for off - premises consumption shall be compiled with. 17. That the sales 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 alcoholic beverages and other Rams. These records shall be subject to audit and made available when requested by any City of Anaheim official during reasonable business hours. 18. That no display of beer or wine shall be located outside the building or within five (5) feet of any public entrance to the building. 19. That the areas of beer or wine displays shall not exceed twenty five percent (25 %) of the total display area In the building. 20. That window signage shall not be permitted for the service station, convenience market and /or fast - food restaurant. 21. That no advertising of beer or wine shall be located, placed or attached to any location on the exterior of the building; and that any advertising on the Interior of the building shall not be visible or audible to anyone outside the building. 22. That no video, electronic or other amusement devices or games shall be permitted anywhere on the property. 23. That the sale of alcoholic beverages shall be made to customers only when the customer is inside the building. 24. That no person under twenty one (21) years of age shall sell or be permitted to sell any beer or wine. 25. That sales of beer and /or wine shall be permitted only between the hours of 8 a.m. and 11 p.m. 26. That no alcoholic beverages shall be consumed on the premises. 27. 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 window areas of nearby residences, and that said dlrectloning, positioning and /or shielding of lighting shall be specified on plans submitted for bullding permits. -5- PC97 -9 0 0 28. That any pudic telephones proposed on -site shall be located inside the convenience market or fast - food restaurant; or, If placed outside, shall be attached to the wall of the building within twelve (12) feet of the main entrance to the building. 29. That beer shall not be sold In packages containing less than a six (6) pack, and that wine shall not be sold In packages less than a four (4) pack. 30. That no food which is cooked, heated, reheated, assembled or altered on the site (i.e., take -out food) shall be permitted at the convenience market unless a separate variance for parking is approved or unless additional Code required parking Is provided. 31. That the order speaker device for the drive- through restaurant shall be equipped with an operable volume control. The sound emitted shall not be audible at the residentially zoned boundaries to the south and east. The ordering device shall not be utilized after 11:00 p.m. or before 6 a.m. 32. That service station, convenience market and restaurant employees shall be required to park In the parking spaces adjacent to the east property line. 33. That no propane tank(s) shall be permitted on -site. 34. That all landscaped areas shall be planted, Irrigated and maintained, Including removing litter, and shall be In conformance with Exhibit No. 6. 35. That the owner of subject property shall be responsible for the removal of any on -slte graffiti within twenty four (24) hours after its application. 36. That any plans for additional slgnage, except for the proposed monument sign Identified In Exhibit No. 7, shall be submitted to the Zoning Division for review and approval by the Planning Commission as a "Reports and Recommendatlons" Item. No advertising signs other than those approved by the Planning Commission shall be constructed on subject property. 37. That landscape Irrigation plans for the subject property shall be submitted to the Planning Division for review and approval. 38. 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. 39. That hours of operation shall not exceed the following: Service Station /Convenience Market: open 24 hours Fast -food Restaurant: open 24 hours Drive4hrough Lane: 6:00 a.m. to 11:00 P.M. 40. That a three (3) foot high landscape berm shall be Installed adjacent to Ball Road and Harbor Boulevard as shown on Exhibit No. 6. 41. That the property owner shall be responsible for the construction and maintenance of the required eight (8) foot high block walls located along the south property line (RS -7200 zoning) and located behind the five (5) foot landscaped setback along the east property line (Palm Street). 42. 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 through 7. The approved project may be constructed In two (2) -6- PC97 -9 0 • phases (I.e. service station /convenience market and fast food restaurant) provided that all conditions are complied with. 43. 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. 1, 2, 3, 4, 9, 12, 13, 14, 15, 27 and 37 above - mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted In accordance with Section 18.03.090 of the Anaheim Municipal Code. 44. That prior to final building and zoning Inspections, Condition Nos. 5, 11, 31, 34, 40, 41 and 42, above - mentioned, shall be compiled with. 45. 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. 46. That, If determined to be necessary by the Anaheim Police Department, a minimum of one (1) licensed uniformed security guard shall be provided on the premises specifically to provide security and to discourage vandalism, trespass and /or loitering upon or adjacent to the subject property. Said security guard's hours shall be as determined to be appropriate by the Anaheim Police Department. 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 February 3, 1997. (Original signed by Robert Messe) CHAIRPERSON ANAHEIM CITY PLANNING COMMISSION ATTEST: ( Original signed by Margarita Solorio) SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA) COUNTY OF ORANGE ) as. CITY OF ANAHEIM ) I, Margarita Solodo, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on February 3, 1997, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, MAYER, MESSE, PERAZA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this day of 1ss7. 100LInal sij),ned by Margarita $010 r — Cow SECRETARY, ANAHEIM CITY PLANNING COMMISSION -7- PC97 -9 f 1 LJ • Attachment - Item No. 4 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING RESOLUTION NO. 97R-21, ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 3902 WHEREAS, on February 25, 1997, Resolution No. 97R -21 was adopted by the Anaheim City Council to approve Conditional Use Permit No. 3902 and permit a service station and accessory convenience market with the sale of beer and wine for off-premises consumpdon, and a 2,100 sq.ft. drive - through fast food restaurant at 520 West Ball Road with waivers of maximum wall height and minimum structural and landscaped setback adjacent to a local street and required site screening; and WHEREAS, this property Is partially developed with a service station and accessory convenience market In the CL (Commercial, Limited) zone; and that the south portion of the property is vacant; and WHEREAS, the petitioner requests approval of revised plans to construct the drive- through fast food restaurant previously approved in conjunction with the service station and accessory convenience market, and approval of the following waiters: _ X1 ,:;� Minimum of parldnio spaces, (4Z required; 11 proposed and concurred with by the City Traffic and Transportation Manager) (e) Sections 18.08.070.020 Minimum drive- throuoh lens recuirements and 18.44.088 ( 160 feet total required length between start of lane and service window; 1 test proposed) WHEREAS, the City Planning Commission dirt hold a public how" at the Clvle Center in the City of Anaheim on December 21, 1998, at 1:30 p.m., notice of saki public hearing having been duly given as required by law and In accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, 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 requested waivers (a) maximum number of freestanding signs, (b) minimum distance between freestanding signs and (c) permitted types of signs, are denied because they were deleted subsequent to the public notice when the petitioner withdrew the request for a second monument sign thereby eliminating the need for the waivers. cr3509PK.DOC -1- PCW204 0 0 2. That waiver (d), minimum number of parking spaces, under the conditions imposed, will not cause fewer off - street perking 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 reasonably foreseeable conditions of operation of such use; and that the petitioner submitted a parking letter addressing the shortage of three required parking spaces and the City Traffic and Transportation Manager has determined that there is sufficient parking available on -site because the deviation Is less than 10% from Code requirements. 3. That the parking waiver, under the conditions imposed, will not Increase the demand and competition for parking spaces upon the public streets In the immediate vicinity of the proposed use. 4. That the parking waiver, under the conditions Imposed, will not Increase the demand and competition for parking spaces upon adjacent private property in the Immediate vicinity of the proposed use (which property Is not expressly provided as parking for such use under an agreement In compliance with Section 18.06.010.020 of this Code) because there to no public street parking at or near the Intersection of Harbor Boulevard and Ball Road where the subject property Is located. 5. That the parking waiver, under the conditions Imposed, win not increase traffic congestion within the off - street parking areas or lots provided for such use. 6. That the parking 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 because the 1- 5/Sente Ana Freeway borders subject property to the south and there are no adjacent properties that will have their ingress or egress Impeded as a result of this waiver. 7. That waiver (e), minimum drive- through lane requirements, Is approved on the basis 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. 8. That strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under Identical zoning classification in the vicinity. 9. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim City Planning Commission has reviewed the request for approval of revised plans for a previously- approved drive- through fast food restaurant (in conjunction with a service station and convenience market With off - sale beer and wine) and proposed waivers of maximum number of freestanding signs, minimum distance between signs, permitted types of signs, minimum number of parking spaces and minimum drive- through lane requirements on an Irregularly- shaped 0.98 -acre parcel located at the southeast comer of Ball Road and Harbor Boulevard at 520 West Bell Road (Chevron Service Station); and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 3902 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 City Planning Commission does hereby deny the requested waivers (a) maximum number of freestanding signs, (b) minimum distance between freestanding signs and (c) permitted types of signs for construction of a second freestanding sign on the basis of the foregoing findings; and -2- PC98 -204 • • BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby approve the revised plans for the drive - through fast food restaurant; and BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby amend Resolution No. PC97 -21, adopted in connection with Conditional Use Permit No. 3902, as follows: (A)That the following new waivers are approved: Minimum number of parking spaces (4Z required; 41 proposed and concurred with by the City Treffk: and Transportation Manager) Minimum drive - through Iona reculroments (180 feet total required length between start of lane and service window, 130 feet proposed) (B) That Condition Nos. 37, 42, 43 and 44 are amended to read: 37. That prior to Issuance of building permits for the drive- through restaurant, revised landscaping and Irrigation plans for the subject property shall be submitted to the Zoning Division for refurbishment of the on -site landscaping. Said landscaping and Irrigation Improvements shall be completed prior to�occupan� its granted for the drive - through restaurant. 42. 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 we on file with the Planning Department marked Revision No.1 of Exhibit Nos. 1, 3 and 4, and Exhibit Nos. 2, 5, 8, 7, 8, 9 and 10, and as conditioned herain; _Pr_0Vkted. however, tha a second monument sign shall not be permitted on the property. 43. That the Mal floor and parking lot plans for the drive - through restaurant shall be subject to review and approval by the Police Department for safety and security conskteratlons. 44. That no on- street parking shall be permitted on the west side of Palm Street for a distance of three hundred (300) feet south from Ball Road; and that the property owner /developer . shall reimburse the City of Anaheim for the cost of painting the curb (approximately two hundred fifty dollars ($250.00)). BE IT FURTHER RESOLVED that unless conditions to the contrary are expressly Imposed upon the granting of the parking waiver by the Commission, the granting of that waiver shad be deemed contingent upon operation of the underlying uses 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, and that exceeding, violating, intensifying or otherwise deviating from any of said assumptions as contained In the parking demand study shall be deemed a violation of the express conditions Imposed upon said waiver which shall subject said waiver to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Zoning Code. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 21, 1998. (Oritinal signed by Stephen W. Bristol) CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: -3- PC98 -204 SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as. CITY OF ANAHEIM ) I, OabeUa Edmundaon, Secretary of the A City Planning Commission, do hereby im Comm h hold on a s 21, was 998 Pas sed y the and ad g vote a nesting mnb°ra thsreof:m City Planning AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, WILLIAMS NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: ESPING, WILLIAMS IN WITNESS WHEREOF, I have here �Oriei al my han Dy E day Of ,1999. SECRETARY, ANAHEIM CRY PLANNING COMMISSION 4- PCO &204 November 7, 2005 Mr. Andrew Paszterko GASOLINE RETAIL FACILITIES CONSULTING 2055 North Alvarado Street Los Angeles, CA 90039 Dear Mr. Paszterko: INTRODUCTION The firm of Kunzman Associates is pleased to submit this parking analysis for the Ball Road /Harbor Boulevard project in the City of Anaheim. The project site is located south of Ball Road between Harbor Boulevard and Palm Street (see Figure 1). The project is an existing gas station with convenience market that will be expanded to have a 1,240 square foot Starbucks. The gas station currently has 2,102 square feet of unutilized floor area on the second story that it would like to use as an office for the gas station. Also on the site is an existing fast food restaurant with a drive through window. Kunzman Associates has been asked to conduct this parking analysis for the existing portion of the project to determine if adequate parking spaces will be provided for the expanded project site. The project site currently provides a total of 36 parking spaces. Figure 2 illustrates the expanded project site plan. This report summarizes our methodology, analysis and findings. We trust that the findings, which are summarized in the front of the report, will be of immediate as well as continuing value to you and the City of Anaheim in evaluating the proposed development. Although this is a technical report, every effort has been made to write the report clearly and concisely. To assist the reader with those terms unique to transportation engineering, a glossary of terms is provided within Appendix A. 1111 TOWN & COUNTRY ROAD, SULFE 34 ■ ORANGE, CA 92868 -4667 TELEPHONE: (714) 973 -8383 ■ FACSIMILE: 1714) 973 -8821 E-MAIL: MAIL ® TRAFFIC- ENGINEER.COM ■ WEB: WWW.TRAFFIC- ENGINEER.COM FINDINGS 1. The project site is located south of Ball Road between Harbor Boulevard and Palm Street in the City of Anaheim. 2. The project is an existing gas station with 16 fueling positions and a convenience market with 2,698 square feet of floor area that will be expanded to have a 1,240 square foot Starbucks. The gas station currently has 2,102 square feet of unutilized floor area on the second story that it would like to use as an office. 3. The project site also includes an existing 2,016 square foot fast food restaurant with drive through. Parking spaces are shared between the fast food restaurant, the gas station /convenience market, and the office. 4. The peak periods for parking at a Starbucks, provided by City of Anaheim staff, is 6:45 AM to 8:00 PM, 11:00 AM to 2:00 PM, and 5:00 PM to 7:00 PM on Thursdays, Fridays, and Saturdays. 5. Based upon the peak period parking counts, the maximum number of occupied parking spaces is 25 parked vehicles. 6. The project site currently provides a total of 36 parking spaces. 7. Based upon the City of Anaheim Parking Code requirements, the 1,240 square feet of Starbucks use at 5.5 parking spaces per 1,000 square feet of floor space requires 7 parking spaces (1,240 x (5.5/1,000)). 8. Based upon the City of Anaheim Parking Code requirements, the 2,102 square feet of general office use at 4 parking spaces per 1,000 square feet of floor space requires 9 parking spaces (2,102 x (4/1,000)). 9. The peak parking demand is expected to be a total parking demand of 41(25 +9 +7) parking spaces for the center. 10. The project site will provides a total of 41 parking spaces. 11. The parking supply is equal to the combined peak parking demand. PARKING CODE The City of Anaheim Parking Code requirements are included within Appendix B. The project is an existing gas station with convenience market that will be expanded to have a 1,240 square foot Starbucks. The gas station currently has 2,102 square feet of unutilized floor area on the second story that it would like to use as an office. Also on site is an existing fast food restaurant with a drive through window. a Based upon the City Parking Code requirements, a total of 5.5 parking spaces for each 1,000 square feet of floor area is required for the Starbucks use. Based upon the City Parking Code requirements, a total of 4 parking spaces for each 1,000 square feet of floor area is required for the general office use use. Based upon the City of Anaheim Parking Code requirements, the 1,240 square feet of Starbucks use at 5.5 parking spaces per 1,000 square feet of floor space requires 7 parking spaces (1,240 x (5.5/1,000)). Based upon the City of Anaheim Parking Code requirements, the 2,102 square feet of general office use at 4 parking spaces per 1,000 square feet of floor space requires 9 parking spaces (2,102 x (4/1,000)). PARKING SURVEY To quantify the existing parking demand for the project site, a parking survey was conducted on a Thursday, Friday, and a Saturday. The peak parking periods for the project site was determined to be 6:45 AM to 8:00 PM, 11:00 AM to 2:00 PM, and 5:00 PM to 7:00 PM. The existing parking demand was determined by surveying the existing facility at 15- minute intervals on Thursday, Friday, and Saturday from 6:45 AM to 8:00 AM, 11:00 AM to 2:00 PM, and 5:00 PM to 7:00 PM. ANTICIPATED ACTUAL MAXIMUM PARKING DEMAND FOR FUTURE PROJECT SITE Table 4 exhibits the existing actual parking demand plus the number of parking spaces required for the 1,240 square feet of Starbucks and the parking spaces required for the 2,102 square feet of general office based upon the City Parking Code. The maximum number of occupied parking spaces is 25 parked vehicles. The 1,240 square feet of Starbucks use at 5.5 parking spaces per 1,000 square feet of floor area requires 7 parking spaces (1,240 x (5.5/1,000)). The 2,102 square feet of general office use at 4 parking spaces per 1,000 square feet of floor area requires 9 parking spaces (2,102 x (4/1,000)). VARIANCE FROM PROVISIONS OF ANAHEIM MUNICIPAL CODE The City of Anaheim variance shall be granted upon a finding by the Zoning Administrator, Hearing Office, Planning Commission or City Council that the evidence presented shows that all of the following conditions exist. "The variance, under the conditions imposed if any, will not cause fewer off - street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use." 3 As shown in Table 4 the maximum parking demand equals the parking supply. It is concluded that adequate on -site parking is proposed for the project site. "The variance, 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." On- street parking is not permitted in the vicinity of the project site. On- site parking is adequate to accommodate the expected parking demand. "The variance, under the conditions imposed if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with subsection 18.42.050.030 (Non - Residential Uses — Exception)." The project site will provide adequate on -site parking spaces for all of its uses. "The variance, under the conditions imposed, if any, will not increase traffic congestion within the off - street parking areas or lots provided for the proposed use." It is not anticipated that the project site will increase traffic congestion within the off- street parking area. On -site circulation has been reviewed by the City of Anaheim. "The variance, under the conditions imposed if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use." Harbor Boulevard is currently eight lanes divided and is restricted from on- street parking adjacent to the project site. The project access to Harbor Boulevard is restricted to right turn in /out only. Ball Road is currently six lanes divided and is restricted from on- street parking adjacent to the project site. The project access to Ball Road is restricted to right turn in /out only. CONCLUSIONS Based on the surveyed maximum parking demand of 25 parked vehicles there will be an excess of 16 parking spaces. The anticipated maximum number of parked vehicles for the Starbucks and the Office use based on the City of Anaheim parking code requirements is 16 parked vehicle. The maximum 4 surveyed plus the anticipated maximum parking for the new uses will equal the parking supply. Sufficient on -site parking is provided by the project based upon the parking survey analysis. It has been a pleasure to sere your needs on this project. Should you have any questions, or if we can be of further assistance, please do not hesitate to call. Sincerely, KUNZMAN ASSOCIATES QA 1 J / ' � Carl Ballard Senior Associate No. TR0056 Z ZD d * r RA FF� KUNZMAN ASSOCIATES i #3293d William Kunzman, P.E. Principal Professional Registration Expiration Date 3 -31 -2006 E Table 1 Thursday Parking Counts' ' 6:45 AM to 8:00 AM counted in September 2005. 1 11:00 AM to 2:00 PM and 5:00 PM to 7:00 PM counted in May 2005. Occupied Time S aces Spaces Provided 36 6:45 AM to 7:00 AM 4 7:00 AM to 7:15 AM 2 7:15 AM to 7:30 AM 3 7:30 AM to 7:45 AM 5 7:45 AM to 8:00 AM 3 11:00 AM to 11:15 AM 11 11:15 AM to 11:30 AM 14 11:30 AM to 11:45 AM 13 11:45 AM to NOON 15 NOON to 12:15 PM 19 12:15 PM to 12:30 PM 21 12:30 PM to 12:45 PM 24 12:45 PM to 1:00 PM 19 1:00 PM to 1:15 PM 15 1:15 PM to 1:30 PM 11 1:30 PM to 1:45 PM 12 1:45 PM to 2:00 PM 11 5:00 PMto5:15PM 8 5:15 PM to 5:30 PM 10 5:30 PM tp 5:45 PM 7 5:45 PM to 6:00 PM 6 6:00 PMto6:15PM 8 6:15 PM to 6:30 PM 6 6:30 PM to 6:45 PM 7 6:45 PM to 7:00 PM 1 8 ' 6:45 AM to 8:00 AM counted in September 2005. 1 11:00 AM to 2:00 PM and 5:00 PM to 7:00 PM counted in May 2005. Table 2 Friday Parking Counts' 6:45 AM to 8:00 AM counted in September 2005. 11:00 AM to 2:00 PM and 5:00 PM to 7:00 PM counted in May 2005. Occupied Time Spaces Spaces Provided 36 6:45 AM to 7:00 AM 2 7:00 AM to 7:15 AM 3 7:15 AM to 7:30 AM 3 7:30 AM to 7:45 AM 3 7:45 AM to 8:00 AM 3 11:00 AM to 11:15 AM 17 11:15 AM to 11:30 AM 18 11:30 AM to 11:45 AM 14 11:45 AM to NOON 15 NOON to 12:15 PM 12 12:15 PM to 12:30 PM 16 12:30 PM to 12:45 PM 22 12:45 PM to 1:00 PM 22 1:00 PM to 1:15 PM 21 1:15 PM to 1:30 PM 14 1:30 PM to 1:45 PM 18 1:45 PM to 2:00 PM 15 5:00 PMto5:15PM 9 5:15 PM to 5:30 PM 8 5:30 PM tp 5:45 PM 6 5:45 PM to 6:00 PM 8 6:00 PMto6:15PM 8 6:15 PM to 6:30 PM 7 6:30 PM to 6:45 PM 9 6:45 PM to 7:00 PM 8 6:45 AM to 8:00 AM counted in September 2005. 11:00 AM to 2:00 PM and 5:00 PM to 7:00 PM counted in May 2005. Table 3 Saturday Parking Counts' 1 6:45 AM to 8:00 AM counted in September 2005. ' 11:00 AM to 2:00 PM and 5:00 PM to 7:00 PM counted in May 2005. Occupied Time Spaces Spaces Provided 36 6:45 AM to 7:00 AM 3 7:00 AM to 7:15 AM 3 7:15 AM to 7:30 AM 3 7:30 AM to 7:45 AM 4 7:45 AM to 8:00 AM 3 11:00 AM to 11:15 AM 12 11:15 AM to 11:30 AM 15 11:30 AM to 11:45 AM 13 11:45 AM to NOON 16 NOON to 12:15 PM 17 12:15 PM to 12:30 PM 22 12:30 PM to 12:45 PM 25 12:45 PM to 1:00 PM 21 1:00 PMto1:15PM 20 1:15 PM to 1:30 PM 17 1:30 PM to 1:45 PM 18 1:45 PM to 2:00 PM 16 5:00 PMto5:15PM 8 5:15 PM to 5:30 PM 11 5:30 PM tp 5:45 PM 8 5:45 PM to 6:00 PM 10 6:00 PMto6:15PM 8 6:15 PM to 6:30 PM 11 6:30 PM to 6:45 PM 10 6:45 PM to 7:00 PM 9 1 6:45 AM to 8:00 AM counted in September 2005. ' 11:00 AM to 2:00 PM and 5:00 PM to 7:00 PM counted in May 2005. Table 4 Maximum Expected Peak Parking Demand Required Parking Land Use Spaces' Maximum observed vehicles in survey 25 Starbucks (1,240 square feet parked at 5.5 spaces per 1,000 square feet of floorspace). 7 Unutilized office space (2,102 square feet parked at 4 spaces p er 1,000 square feet of floors ace). 9 Spaces Needed 41 Spaces Provided 41 Figure 1 Project Location Map Ball Road i i i d i i � E i � o i i a v i i a � o� Site ° wo e � ' I i i i i i i i i i __________J Kunzman Associates 3293/1 10 N e� a 0 n HARBOR BLVD ti P RwrkA .LMILX 1 O 1 �S L K�S` IiY AL P [ �[ �MYS n ± ➢KgEI � O � e i a o 0 ar -a' ro sr -o iv -o' Ir -a" X .— 1 M / 1YI X, S�,F r 6 psmevl n G \, rlrtx0. pRY } e NPB ., = PAL P9 STREET PNLK W N W N APPENDIX A Glossary of Transportation Terms GLOSSARY OF TRANSPORTATION TERMS COMMON ABBREVIATIONS AC: ADT: Caltrans: DU: ICU: LOS: TSF: V /C: VMT: TERMS Acres Average Daily Traffic California Department of Transportation Dwelling Unit Intersection Capacity Utilization Level of Service Thousand Square Feet Volume /Capacity Vehicle Miles Traveled AVERAGE DAILY TRAFFIC: The total volume during a year divided by the number of days in a year. Usually only weekdays are included. BANDWIDTH: The number of seconds of green time available for through traffic in a signal progression. BOTTLENECK: A constriction along a travelway that limits the amount of traffic that can proceed downstream from its location. CAPACITY: The maximum number of vehicles that can be reasonably expected to pass over a given section of a lane or a roadway in a given time period. CHANNELIZATION: The separation or regulation of conflicting traffic movements into definite paths of travel by the use of pavement markings, raised islands, or other suitable means to facilitate the safe and orderly movements of both vehicles and pedestrians. CLEARANCE INTERVAL: Nearly same as yellow time. If there is an all red interval after the end of a yellow, then that is also added into the clearance interval. CORDON: An imaginary line around an area across which vehicles, persons, or other items are counted (in and out). CYCLE LENGTH: The time period in seconds required for one complete signal cycle. CUL -DE -SAC STREET: A local street open at one end only, and with special provisions for turning around. DAILY CAPACITY: The daily volume of traffic that will result in a volume during the peak hour equal to the capacity of the roadway. DELAY: The time consumed while traffic is impeded in its movement by some element over which it has no control, usually expressed in seconds per vehicle. DEMAND RESPONSIVE SIGNAL: Same as traffic - actuated signal DENSITY: The number of vehicles occupying in a unit length of the through traffic lanes of a roadway at any given instant. Usually expressed in vehicles per mile. DETECTOR: A device that responds to a physical stimulus and transmits a resulting impulse to the signal controller. DESIGN SPEED: A speed selected for purposes of design. Features of a highway, such as curvature, superelevation, and sight distance (upon which the safe operation of vehicles is dependent) are correlated to design speed. DIRECTIONAL SPLIT: The percent of traffic in the peak direction at any point in time. DIVERSION: The rerouting of peak hour traffic to avoid congestion. FORCED FLOW: Opposite of free flow. FREE FLOW: Volumes are well below capacity. Vehicles can maneuver freely and travel is unimpeded by other traffic. GAP: Time or distance between successive vehicles in a traffic stream, rear bumper to front bumper. HEADWAY: Time or distance spacing between successive vehicles in a traffic stream, front bumper to front bumper. INTERCONNECTED SIGNAL SYSTEM: A number of intersections that are connected to achieve signal progression. LEVEL OF SERVICE: A qualitative measure of a number of factors, which include speed and travel time, traffic interruptions, freedom to maneuver, safety, driving comfort and convenience, and operating costs. LOOP DETECTOR: A vehicle detector consisting of a loop of wire embedded in the roadway, energized by alternating current and producing an output circuit closure when passed over by a vehicle. MINIMUM ACCEPTABLE GAP: Smallest time headway between successive vehicles in a traffic stream into which another vehicle is willing and able to cross or merge. MULTI - MODAL: More than one mode; such as automobile, bus transit, rail rapid transit, and bicycle transportation modes. OFFSET: The time interval in seconds between the beginning of green at one intersection and the beginning of green at an adjacent intersection. PLATOON: A closely grouped component of traffic that is composed of several vehicles moving, or standing ready to move, with clear spaces ahead and behind. ORIGIN - DESTINATION SURVEY: A survey to determine the point of origin and the point of destination for a given vehicle trip. PASSENGER CAR EQUIVALENTS (PCE): One car is one Passenger Car Equivalent. A truck is equal to 2 or 3 Passenger Car Equivalents in that a truck requires longer to start, goes slower, and accelerates slower. Loaded trucks have a higher Passenger Car Equivalent than empty trucks. PEAK HOUR: The 60 consecutive minutes with the highest number of vehicles. PRETIMED SIGNAL: A type of traffic signal that directs traffic to stop and go on a predetermined time schedule without regard to traffic conditions. Also, fixed time signal. PROGRESSION: A term used to describe the progressive movement of traffic through several signalized intersections. SCREEN -LINE: An imaginary line or physical feature across which all trips are counted, normally to verity the validity of mathematical traffic models. SIGNAL CYCLE: The time period in seconds required for one complete sequence of signal indications. SIGNAL PHASE: The part of the signal cycle allocated to one or more traffic movements. STARTING DELAY: The delay experienced in initiating the movement of queued traffic from a stop to an average running speed through a signalized intersection. TRAFFIC - ACTUATED SIGNAL: A type of traffic signal that directs traffic to stop and go in accordance with the demands of traffic, as registered by the actuation of detectors. TRIP: The movement of a person or vehicle from one location (origin) to another (destination). For example, from home to store to home is two trips, not one. TRIP -END: One end of a trip at either the origin or destination; i.e. each trip has two trip -ends. A trip -end occurs when a person, object, or message is transferred to or from a vehicle. TRIP GENERATION RATE: The quality of trips produced and /or attracted by a specific land use stated in terms of units such as per dwelling, per acre, and per 1,000 square feet of floor space. TRUCK: A vehicle having dual tires on one or more axles, or having more than two axles. UNBALANCED FLOW: Heavier traffic flow in one direction than the other. On a daily basis, most facilities have balanced flow. During the peak hours, flow is seldom balanced in an urban area. VEHICLE MILES OF TRAVEL: A measure of the amount of usage of a section of highway, obtained by multiplying the average daily traffic by length of facility in miles. APPENDIX B City of Anaheim Parking Code Requirements Anaheim Municipal Code Tale 18 ZONING* Chapter 18.06 VEHICLE PARKING AND LOADING REQUIREMENTS* 5(1 MIN[NIUM NUMBER, TYPE AND DESIGN OF OFF - STREET PARKING SPACES AND AREAS. Tice numnnun number of off - strcct parking spaces provided for any land use shall not be less than the following number, given i(ir subject use(s): prodded, hoverer, that any use not listed below shall provide a minimum of nine tenths (0 A of one spot per each enplowe on the largest mork shift.. plus such additional parking as is determined to be reasonably necessan by the Ciry 'ri - chic and Tiansponmion Manager to meet the paricing demand for such use. E\cepl as expressly provided in this Section A (A05 ). share a combination of uses is proposed, the minimum number of spaces pion Wed shall be not less than the sum Ioto of the requirema i s Coy zwk mdn uhad opc of use io be cslablishcd For purposes of ndal retnlion of subsection (it for residential uses, all rooms other kin a Ikang room, family room, dining room. hadavom_ hall, lobby. deal or Pablo shall be considered a bedroom. Further. m computing parlcing requirements, hamonal rYWHemenis short be rounded off to the nearest ,chore numbein fracF+ons of one -half (0 5) or more being counted as one full space. For purposes of inlerlrctatiou of subsections .020 and 030. "GFA" shall mean gross floor area of buildings as measured P o m na nil wait to e call if the GFA upon «bicli the number of parking spaces is based is Ins than 1,000 square feet (or ocher unit rd if (ao rcmcnt as designated herein), the nummum. number of required spaces shall be prorated in direct proportion to the numu•.uni ntmiba of spaces required for each 1,000 square feel (or other unit of measurement designated herein) Such promtlon shah also appl, m u ;Sraace5 tr here a division of applicable unit of wcasurcmcni into the GFA produces a quotient of other than a We nm axi I W4 oiheruise c\foc, s!} provided loan, am anplo)ce parking space rcquiranc l s shall be based upon tic mazinn.uu number of cnipr -, c prescni al ins gnat time. (Ord. 11;7 k 4, August 2. 1994.) urn Rc�tdabudl Use, . 01; SanAc,Faetly Dswttings A tonal of nor Icss than four (4) off - strcct parking spaces shall be provided on -site for ,utr saa,uc- fauuln ch aacited duelling_ not less thau trso (2) of "high shall be prodded to it garage Am rcmauung nquued spaces not prariued in .. q raar shall be prow idcd on a payed surface or outer suitable on-she location. as approved by the Planning Department, h.niag minimum Tni Nywns of Bodo ('8) Ica We and li cm't -fire (25) feel long (if located In tandem to parking spaces enclosed with a nit up p ant)c door) ;and aghi (xi feel We and htmth (70) feet long (If located in tandem to parkusg spaces enclosed kith a roli -up grange dant ensured front the garage door to the nearest edge of the pedestrian taark"av or pacifiers two mlinfuncr is lie lesser distance Spn,n I tit tandem to a gon - age ana) be permmed to encroach into the required from setback. A11 other spaces shall be located owmde of cite .cd Gant setback area and shall cotdonn with Engineering Standard Dclad Nos. Oil and 602 emitted "Minimum WNW; Pnrkim 1) tnciomis " (Ord 5437 s� 5 (part). August 2. 1994.) 2 Multiple- F.unila Dwellings including attached, detached or semi - attached condominiums. stock ecoperatices, tr rn�t onus mhunscs naaai aporintauts or other fo)ms of clustcred drillings (Ord 54;7 S 5 (pati) August 2 1994 ) u 12 r Foi each and there shall be prm idcd not less than one and one quarter (115) off-strcct parking spaces for each bachelor ,ants not Peas than ilia (2) parking spaces for each one- bedroom unit not to Yvan ma and one quaver (3.25) (oreach loco - bedroom unit_ r..,,t QNn IMal d fi) paaU" Spaces for each Ihree- bedroom unit_ and not less than Once and one h :df (l 0 pack ng spaces If cab t;m- b(:;hoom of larger unit At least rao (2) parking spaces per unit shall be coicred- escept that onl., one (I) requned space for 1MIL hag tcrv, and one bedroom uno need be cooered. Of the number of required parking spaces, one quatacr (.25) space per dwelwg, wit shll -i u, incoed and Qdd) matkal for pint panting arty and shall be icndik� eccessibre to motorists from contiguous streets an�0r ,t xessiun� (Ord 4777 5 1 Fabrutn 12, 1985 Ord 5018 § I. April 25. 1989. Ord 5340 1, Nmanbei 17, 1902 } i11L2 All co�ercd spaces shall be localal wifhtn 100 feel of, and be readily accessible to, file dwlltap lon,t scncd. Ro uted atir, spun; stall be localcd " Won 200 feel 01 the unit senof (Ord i437 � G (parr): Atn ust 2, 1994 ) 1 > "' Tandem parkin{; spaces shall not be pernulled. except for detached single -fmnth condouuuuuus_ us pimtded w su[sc ,tc I8 no n W ul 1 The icon "tandem parking speed' as toed in this Wien 18.06 050 shall mean alp orr- strcct parking space dcaryand such a manner ih;d a'chicle property parked in such space man b, design hire its ingress to or egress from such parking sp: e hloct:c F% a ,aucler properl� parked an a contiguous parkmg space. (Ord. 4936 8'. Ju11 IS. 1985 Ord 5157 ; L August Id, 1990. Ord x,40 1 ?. T :'orcntb.:r 17 1972 Ord 54;7 ° 0 (part). August? 1994 ) ;k1 4 (Repealedbt X07.1, IUWS9) n t 35 Required opal panting spaces for residents and tenants shall be unassigned and no fee short be assessed for their use ,. iI;7 j (- (part): August 2., r)94 "IN, Parking areas shall be screened In means of plant landscaping or arcluncaural dnan front adjacent streets and propait,, anti it Wing or recreational- Insure areas to a height cf ;G indtcs "do ow emeprlon of "Line of Sigiti Triangle" (sec note 2' as slur, on Swndard Pluu No i i7 entitled "Commercial Drive Approach." (Ord. 1074 § G: Nm mbar I4. 1989.) 1 7 Ana imatur ualh of coccrcd parkmg areas shad be finished kith e nor finish mwcnA General storage cabinets of not iris ,ae hundred (Intl) cubic foot enprtuh shall be provided for each d"eRing unil cad shill be located within thecocered finking art �)i -ounar ntr located thereto Adequate humpa guards shall be prodded to protect nit} intorior walls from damage (Orr` ill - ![can[ August 2. )994 ) tai' fcincmcnt Dwcilwg (Cad '7 Ki ? (quit Wanber It 1992 ) 0 s "i I Semot Ciliiens' Apartment Protiect not less than one (1) parking space for cieh bachelor unit and une bedroom i a. and uoi. Ins: liian h <o t2) paAing spaces for each ivro bedroom unit. AN parking spaces shall be located so as to nuninriie calking distance 2roui Ow naing area to the parking nwihis Parking spaces Law be corcred or open and shall be unassigned and equalls asailab(c to aft r- °sits_ guests or cmplo�as 1 andcnt spaces shall not be purni and. (Ord. 4567 3 (part)- Fcbruary 5. Hs. Old. 5074 $ 7, No%ci0ci t;) Ord ,340 ti 3 (part): Noicmbcr 17. 1992.) (11.32 Second residential duelling units (granny units) For which a conditional use pcnnn is approved pursuant to the nuthonb. of Ruion 65552 I of the Gosenuneni Aide One (1) lacking space, catered or open. for tech such unit it hall space nwi be tandem to another ouc -site parking space (Ord. 4567 j 3 (part). Fcbruni) 5. 19S5.) 0133 Senior (:wizen Housing Development not less than one and one quarter (1.25 parking spaces for the initial bachelor or o;;c bedroout unit plus one ('1) space for cacti additional bedroom in the project. Parking spnccs shall be coicred or open and shAI he unnsigned and equalh available to all residents, guests, and cmpilayces. Tandem spaces shall not be permntcd. Parking spaces sh„II l;c flared A As to minuntze witang distance from the Ilring area to the parking hell[ (Ord x929 3 2, Mar I, 1)58 Ord 5�-I \oeuuber 17, 1992 ) 0I -! 1vlobrlehomes Tao (2) parking spnccs (N duch mac be tandem) on -sae adjacent to the mobilehome- pus one (i ) gw°st space 51 ctcn four (4) tnohi icliomes. tn:cst parking shall be located "ohin 200 to of each mobilehome sewed and imly be pint sled along an}' pncate street (de >igncd ,tad a 1provcd m comphancc kith Standard Detail No. 122 entitled "Primate Stivul and seeing the intenor circulation of a nrobdcaome pa *.'s 020 Commercial and tnstilutional Uses. (Qrd. 5437 §§ 7. S- August 2, 1994 tCl Office Uses o2I I Mcdlarl and /or Dental Offices. Sis (6.0) spaces per 1000 square feet of GFA_ H212 Prufessiond and General Business Offices and Research and Dci'elopment, Four (4 0) spaces per 1000 square Net of for b WI> of three stones or less, three Q 0) spaces per 1000 square feet of GFA for buildings of more than ihnx stories. (Ord 507 s_ NoNcm)cr 14. iriA9.) on Raw Store and Selo we I3nsincsscs General. Fn c and one -half (i5) spnccs per 1000 square feet of iFA for the fLst Voto,tn squarc feel of GFA. plus four and one-half ( -1 5) spaces per 10910 square No of GFA o 'ci f0o.000 squarc feet ii27I f owa,i.d Insnimions. Kc (5 (l) spaces pe squarc net of UP, for facilincs crthcui drll'e -up Purdahs: sie {a 0) Sly Ac . per i0U0 squarc feet of GFA for huhucs W cinNenp ii in lc%is n412 Motor Wok Repoli F,tahnes. Thrcc and ono -half (> 5) spaces per nun) square feel of GFA or lire (I parkng span�ti n �nciiper is gicaler 923 Motor Vehicle Sales Facilities. Tco and one -half (25) spnccs per LC1(1t1 square feet of GFA for interior shomon,u use plug il J) spices per I,OtH) square feet of GFA [of office LOU plus (ire and one-half (551 spaces per 1- square feet of GF+ roi waits, siiusac and repair use 0224 Kiosk FacihUCS (such as kq& film. etc.): One (1 0) space per (25) square feet of GFA or (ivc (5: spars pet `a�ihti uluchcNcr results in the greater niunherofspaces. 024 Comcnicncc Mato, Takc -out, Food/Meal Scn ice We and one -half (5 5) spaces per 1.000 squarc feet of phis tutee ( =i path ng spaces for the first additional use plus ouc parking space for each additional use thereafter. escept that said addict nil s�v. cs slant not be required a ben the use is nacgrawd ii ithin a commercial retail center. 4'10 i taninure. Carpet and Flooniig, Sates and Displas Tao and one - qua(er 02.25) Spaces pct V (io0 squarc feel of GFi', (fad 5706 � €. Ntiicuibcr 16 1999_) 2 Eaungaa&ua Donl, istalohnurcnls 0331 Restaurants — Enclosed and Senn- Enclosed, iiitlt or without cocktail lounge and/or cniertaimnedt facilities, anti integrated two a planned dccclopment eomple% such as a shopping center or industrial complm Eight (S.0) spaces per 1,000 square l ct of tiF ?, IOotl 5437 ti 1 t (part). August 2. t994 Ord 5565 v 9- June I t [996 ) .0232 Restaurants -- Enclosed and Semi-Enciosed, cith or cidrout cocktail lounge and/or euicrtainutent latcilrtr•5, and not In= egraled Unto a planned dMelop ucm complex such as a shopping center or industrial emuplc\ Fifteen W 0) spaces pct 1 0O0 squarc foci of GRk (Ord 5071 § to (part): November It 1952 Ord. 5 +37 y I I (pail): August 2. 1994. Ord 5565 1 9 -)une I 1 1996 i 103 Reslaurauts — Walk up, Doom Dn%eAluoQf. Fast Food. Sixteen ( 16.0) spaces per 1000 square feet of GFA. IOrd 5n - 4 § {fi (psio)_ Nuicmbcr la. l` s') ) 234 keshnieuus. TAke -on t (not to ecceed a caniuA0ne ifmmnnnu 100 of Ian seats lbr patrons) Fiie ant, one- IinIIF (i spaces pct INA) squarc foot of GI'A (Ord W - 1 1 1 I (part). Wmcniber 14- I989. Ord 5417 A I I (part). Ugiist 2. 199 -1 ) _ Bars and Niglndubs %cnteun 117 0) spnccs per I Lot) squarc Not of GF,1 (Ord sit? I \ I I Ipanl. IVoccunrci I,, 19`+9. Ur, sSoi s !it June 11 1'196 ) 0"o B01f and Halls Tito (2) pnrlung spaces per billiard table, plus iegrrircd padiag for other uses ciihin (lie faciliti. (Old. 5a3 1 2. August 2. 1994. ) -1 Lodging Acconunodahons ..41 1loclAlotcl Faciliucs The folloc ing number of parking spaces shall be provided: Four - fifths to R) of a space for each roan plus eight A 0) spaces for cacti one thousand (L00(1) square Net of banquct/ watug room, eatirtgldrinking and resltluraul p,,,or area and one (1.0) speec per f000 gross square Not of retail spa, plus ouc - quarter (.25) spice for each emploiee no1mg ut pal aT,il arois (Ord 7M2 > 2, Male are 109 5074 j H. Nosember it 19S Ord. 5706 � 2, No�cuiber 16. 1999 ) 0212 13ed lend Bionktasi Inns One (1) parking space for Inch bedroom m the residencn plus oue (1) parking space for c�i li aolkle,adeat emploscc plus one (1) adchommil parking space for visitors. For purposes of Ibis subsection ontp, file term "b"n oour sir : u oau am room dcsgned- intended or pvaria lh used for sleeping purposes, (Ord 4156 § ±. October 25. B81 Ord 5706 S Noscnbcr �? Amusement and Rccrealional Facilities. IQ;! Thane Amusement or Recreation Vpe Faciliocs. Due to the unique nature of these types of uses. parking equiwannis sit li be deteriumed by the Can Traffic and Aansportabon Manager and/or Planning Commission Used upon the nature and wwrit or ate a tmided use and upon information contained m a parking demand study prepared by an independent traffic engineer licensed by the Slue G! California- or such other studs as approved by the CH) Traffic and 17ansportation Manager and provided b� the de)eloper to file Qn at tits dcKoucr's sole espense, at the now of applicudan for such use (Ord_ 5 +,7 ; 13 (par17. August 2, 1994 ) J)252 Boss hug Alle)s Thrcc (3) spaces per boarding lane plus one space per cacti tbld% -fire (35) square feet of GFA used for Rul,hc at entbh, plus hoe and one -half (; i) spaces per 1000 square Ices of GFA used for other commercial purposes. 0253 Golf Course -- Gcncral. Ten (10) spaces per hole plus one (1) space per each Hum -10c (351 square Cott of GFN used lot aablic assCINK plus nve and one -NdIC' 5) spaces per RHO square feel of GFA used for other conmuercial Purposes 0251 Golf Course -- Annaure. T«engr (20) spaces per course. plus one space per each ewph,cc. 0256 Golf Dining Range One (1) space par drying We 63555 flealih Spas and PfaswN Fitness Censers: Fire and one -half (5 5) spaces per 1.000 square feet of gross hoot area Col facilities audm t uoo square feet. for facilities 4.000 square feet or Larger, parking roquuemens shall be detenumed b} the Can Taaf6c and TraH Manager and/or Planning Commission based uhou a parking dcn)and moaU prepared Us an andcpcndcnt (m!t , en "wo licensed br the Slate of C'Mdurnia_ of such ollim stud_ as appimcd by the An faa(T"ic and Trurspcn:auon Manager auS bs the dneloper to the A%. at the c1mclopa's sole cylense. at the lime of apphemion for such use. (Ofd. 5-437 y Is (pant; Auhr.,t '. 1091 1 i) I, $katang Rucks — Ice w' Roller NO and Annicuths (2 A) spaces per 1000 square feet of GFA 0257 Raqualoal Kcilows Fnc (5.0) spaces factcourt. (Ord 5074 § 13 (part): Nommbcr It 1959.) .0259 - fcrtin s I doom Kc (5) spaces per court. (Ord. 5074 § I) (part), NOv'cHUci Ii. 1959 ) 0259 'l b a ers 0201 Ime Performauccr. Four - tenths (0.1) space per seat or per patron, rrhwhescr resuhs ur a hildar mmnbar. plus ciglu- testis r(t S) space pen cuipimee. mcludim� perlionners. 25 hi le Screen blonon Picture Theater Sis-Icnths (0 1) space per scat or per patron_ x %hichcser resuhs in a higher nuntbc. :yc (5) employee sraccs. n2s`13 Muhi -5crcn N ouon Pictuic `ihcalcr. Thrce- tenths (o. ) space per scat or per patron, m lucherer resuhs in a highcr runnh •r pins (2) cnapiorec spncs pea scwn. (Ord. 5074 a 13 (part)- Noranber 10 1989. Ord. 511 l,. August .V 1994 Ord 11 0 i +)CrCrubcr in, '.9 ) . tat, Hovanoual and Instifunouuf I scs (1261 Ar( Galleries %nuh Ranil Sales- KhibWOn Halls. and Nbscunas Three and three- Icnt'is (> :) space po i m,:' square tact of GFA. 1n_67 Assembly flails and Auditoriums. One -third (0.333) space per Cued scat or omit -nine (29) spaces per LOCO sq I are feel of (SEA of Ill, assemble area, oland erer results in the higher number of parking spaces_ plus four (4) spaces per l.000 square f,ct of GFA lit ofri e use plus, if a kitchen Limbo is pro, ided. luo- hundredths ( 02) space per person for the inammulm cipnwuk binne of Inc as,cathis area delcnnmed U} the Can Fire Dcpaitmcnl n6 MI A Husancs Sehoo n (rude Schools am i raaning Centers Eigho -mo hundredths in SO sauce per student or necnl% 20) spaec, per (nno xluare feet of GFA of instawlaon area. "I"Clow rebuffs us the lughcr unmlxr of pnrko , spaces, plus four (,) spaces per f J.11n i sq,uu'c feel of GFA of off ire area r)2f:1 Child Dmcaic Centers. Preschools and Nurseries One ( I ) space per emplo• cc plus ouc (1) space per ten (10) cd idimi f•.us ere (1) space for loadamt and unioadmg children on -site 934; Convalescent Hoines and Senior Citizens Apartment Project — Congregate Care Eight- tenths (0 8) spaec per bed u)(,6 C'hurr-hes. Synagogues and other Places of Religious Worship' One -third 01333) space per AM! scat or lunI(I - nute (2 SPA, per 1,000 square feel of CPA forte assembly area, u lucherer results in do higher number of putking spaces, plus our (3) spare per 1 (N)0 square feet of office use- plus- if a Inuchen facihn is pron ided, Imo- hundredths ( 02) space pet person far the ma,innim ca x irn figure of line a,sembls arcsl determined b% the Fire Department Churches. Synagogues and olhcr places of mhymn )rotship mhwh disc piorlde cdocanonal aadfir darcare sontces on the premises rshiclt meet the sa ntdurd set Gnh nit Plus pin raph 41266 s'aall cot t -, r IC( umd to pros Idc odduionaf parking for said acceson uses W" FI ancnian Schools and Jon o High Schools One 0) space per chnsrooln. plus one ( I ) spaec per non - offce cmploree. pins h It spices p I nn0 square fst of Gf for off use, plus parlo io, as required hr pataf,r;iph 0T62 for env assenitih hails :n,,: HIM', n^nt', High Schools One (I) space per nouoffice cuiplosce, plus one (1) spec persin (6) studeuK. plus [our (if spaces poi ;.0ot: s;li:.:rC foci of GFA for VIA c use plan paakm4 as w ulred br psragimoi _0267 Im am as minis halls and audiloinmis .026) f tospnnfs and Offer In- Paticut We I'acilaws One (0 space per bed, plus sip (6) spaces per 1 square to of I FA for the 4nwnvig sire&; not co omnIng rooms "all beds (Ord 029 ss' 3. Nfay 3 1, NSS, Ord. 50 of t t, l;. Norentbcr 14 1959 0, t ;.t 027 riausponwou i crninnls and f Icbports Due to the unique nature or thew uses_ Parking rc(Imrcnncnts shall be do crmmed b', Me Con Traffic and Transponalton Manager andlor Planning Commission based upon info ninhon contained in a porkinag demand sino Prepared by an Independent haffic engineer Incensed be the State of California or such Nlwr stud) as approved bt the Car TmM; nod - , sporwoonn Manager and prop ndod b_v the developer to the Ciq% at the den elol7crs sole espense. to the lime of application In such me 5417 § 16. August 2. 1994 1 028 Srtf- Storage Facilities. Trrem)- seven hundredths (U 27) space per I RN) square feel of gross floor area or lice (5) space- s 10u:ccr results tin o higher ounbcr, pt vs adequate loading and unloading areas as mqumcd by the Car Traffic and TranWorianon Ili :Itln LCr �Onn i Si5K I Mml h 26. 1996 1 O;n Industnnl Uscs 0"1 General Industrial- Manufacturing and Warehouse Uses. One and finjone hun?c6hs (1 55) spaces per LOW square low of GTA rrthnch bias inciudc a masintum often percent office space. plus, if the percentage oroff!ce space escecds ten percent of the (;FA. low (4) spaces per I IAA) square feel of GK for the floor area in esecss often percent (Ord 5074 § 16, Nnocember 14. 1989 (nd 54, 17. Augusl 2. 1991.1 012 industnai Training Facilities. Eghtc-mo hundredths (182) space per student or hceuh (20) spaces per 1000 square feet of G -A Ior InStruUt011 arat. m htchescr results m the higher number of parking spaces, Plus fou- (4) spaces per [,000 sgmnrc feet l i;;r of _ce use (Ord. 5417 j 18: August 2. 1994.) n;: Outdoor Uses One (I) space per each wmoc -Fi\c hundred (2900) square feel of lot non claimed to outdoor rases, c.vdudw LHOlrg areas and cchicular aceessr\a +s, or one (I) space per each Ina (2) of the "mm man ;Iaocnpinted numnber of crnpimces 0 he en yd in do outdoor opmoon. tcVAN cr results in the greater number of parking spaces. UPI Track Park nA. Requ'oments. In addition to the A= parking mquum"a rs. trod, parking sp w. of a numb.) and ci . 'sdanr,pc to acco +mnrouaic the mo,ommn number .md I)pes or hacks to be stored on the we ;u brie urine. shall be Prorid:d ou 01 rn %insl ria{ Luc (Ord 152 q 4 . lammr, 25 . NU Ord. 4183 5 1 (pun): December 2S. 19S2 l Item No. 4 i Staff Report to the Planning Commission February 3, 1997 Item No. 6 6a. CEQA NEGATIVE DECLARATION (READVERTISEMENT) (Motion required) 6b. GENERAL PLAN AMENDMENT NO. 343 (READVERTISED) (Resolution required) 6c. RECLASSIFICATION NO. 96 -97 -03 (READVERTISED) (Resolution required) 6d. WAIVER OF CODE REQUIREMENTS (READVERTISED) (Motion required) 6e. CONDITIONAL USE PERMIT NO. 3902 (READVERTISED) (Resolution required) 6f. DETERMINATION OF PUBLIC CONVENIENCE (Resolution required) zrim;lX•1sl *litelasiItr;L•I•ill2 xwtell gm • = • = • � •Is11 0 9 1 I ;Ysll�s (1) Subject property is Irregularly- shaped, consisting of approximately 0.98 acre located at the southeast corner of Ball Road and Harbor Boulevard, having approximate frontages of 185 feet on the south side of Ball Road and 285 feet on the east side of Harbor Boulevard, and further described as 520 West Ball Road. (2) Petitioner requests approval of the following: (a) An amendment to the Land Use Element of the General Plan to redesignate subject property from the existing Commercial Professional and Low Density Residential land use designations to the General Commercial land use designation. (b) Reclassification of the subject property from the RS- A- 43,000 (Residential /Agricultural) and the RS -7200 (Residential, Single - Family) Zones to the CL (Commercial, Limited) Zone. (c) A Conditional Use Permit, under authority of Code Section Nos. 18.44.050.070, 18.44.050.195, 18.44.050.300, and 18.87.023.020 to permit a service station and accessory convenience market with sales of beer and wine for off- premises consumption and a 2,100 square -foot (advertised as 2,000 square -foot) drive- through, fast -food restaurant with the following waivers: SECTION NOS. 18.04.043, 18.04.043.102 AND 18.44.068 Maximum wall helaht. (6-foo high block wall adjacent to a single - family residence [to the south] required; ti-foo high block wall proposed as recommended by staff) SR6448KB.WP Page t *Staff Report to the Planning Commission February 3, 1997 Item No. 6 3. SECTION NOS. 18.04.043 setback adjacent to a local street and 18.44.063.020 required she screening (10 -foot wide minimum AND 18.44.068 landscaped setback with a foot high block wall adjacent to Palm Street required;,§- foot wide landscaped setback with an 8 -foot high block wall proposed, as recommended by staff) 4. SECTION NO. Minimum landscaped setback adlacent to a 18.44.063.040 residential zone boundary (DELETED) (d) A request for Determination of Public Convenience or Necessity for a Type 20 (beer and wine) Ncoholic Beverage Control (ABC) license to permit the retail sales of beer and wine for off - premises consumption in conjunction with the accessory convenience market within the proposed service station facility. (3) Subject request was continued from the January 22, 1997 Planning Commission meeting for readvertlsement to occur and for the petitioner to submit finalized plans for staff evaluation. (4) Subject property Is currently developed with five (5) single -family residences (to be demolished) zoned RS -7200 and a partially vacant (all structures will be demolished) service station /restaurant site zoned CL and RS- A- 43,000. (5) Surrounding land uses are as follows Direction Land Use Zoning Geneal Plan Designation North across Ball Arco Service Station SP92 -2 rrhe Commercial Recreation Road With Automotive Repair Anaheim Resort Specific Plan) East across Palm Single - Family Residences RS -7200 Commercial Professional Street and Low Density Residential South Single - Family Residence RS -7200 Low Density Residential West across Hotel (Holiday Inn) SP92 -2 (rho Commercial Recreation Harbor Boulevard Anaheim Resort Specific Plan) Northwest across Shell Service Station SP92 -2 (The Commercial Recreation Ball Road With Convenience Anaheim Resort Market Including Beer Specific Plan) and Wine Sales Page 2 a • Staff Report to the Planning Commission February 3, 1997 Item No. 6 • • 0 Rmq Eel M (6) The following zoning actions have occurred pertaining to the subject property: (a) Conditional Use Permit No. 718 (to permit an existing service station within 75 feet of an R -1 Zone and within 75 feet of a structure in the R -A Zone) was approved by the City Council on August 10, 1965, subsequent to Planning Commission approval. (Subject service station, except for the cashier building, was recently demolished by the property owner.) (b) Variance No. 772 (to erect a service station) was approved by the Planning Commission on July 1, 1957. (Subject service station, except for the cashier building, was recently demolished by the property owner.) (c) Variance No. 684 (to permit sales of beer and wine for on- premises consumption In conjunction with an existing restaurant) was denied by the City Council on March 12, 1957, subsequent to approval by the Planning Commission. (Subject restaurant was recently demolished by the property owner.) (d) Variance No. 301 (to construct a motel) was approved by the Planning Commission on February 21, 1955. (e) Variance No. 228 (to operate a real estate office) was approved by the Planning Commission on April 19, 1954. GENERAL PLAN AMENDMENT NO. 343 - DISCUSSION: (7) Petitioner requests an amendment to the Land Use Element of the General Plan to redesignate subject site from the Commercial Professional and Low Density Residential land use designations to the General Commercial land use designation. (8) The Commercial Professional designation is Intended to provide for and encourage the development of business and professional office centers, business offices, financial Institutions, and commercial uses that are typically Implemented by the CO (Commercial, Office and Professional) Zone. The portion of subject site that Is designated for Commercial Professional land uses (0.29 acre) is zoned CL (Commercial, LlmRed) and RS -7200 (Residential, Single - Family). Existing uses include a former service station building and one single - family home. The Low Density Residential designation is Intended to provide for the development of single - family residences and Is typically Implemented by the RS -7200 (Residential, Single - Family) Zone. The portion of subject site that is designated for Low Density Residential land uses (0.69 acre) Is zoned RS -7200 (Residential, Single - Family) and RS- A- 43,000 (Resddential /Agricultural). The RS -7200 zoned properties include four single - family homes and the RS- A- 43,000 zoned property is vacant. Page 3 Staff Report to the Planning Commission February 3, 1997 Item No. 6 (9) The following Is a comparison of Impacts associated with the existing General Plan designations of Commercial Professional and Low Density Residential and the petitioner's proposed amendment to General Commercial. The potential average number of dwelling units Identified In the "Adopted Existing General Plan" table Is based on estimated averages experienced in Planning Area A and the maximum number of dwelling units are based on density ranges permitted for given land use designations. Average daily (vehicular) trips (ADT) have been generated based on City -wide averages for associated land use types. 1�3: II� IYL�LI7I�C�7:I:IR3J:leI3a��Iel Lend Use Designation Approx Acreage Typical Density General Commercial Estimated Land Use Approx Implementation Range (DU Potential DU's Average Designation Acreage Zone per Gross (Avg. to Max.) Dally Trips Acre) (ADT)" Commercial 0.29 CO 70 Professional Low Density 0.69 RS -7200 0.6 4.4 - 6.1 59-82 Residential 1�3: II� IYL�LI7I�C�7:I:IR3J:leI3a��Iel Lend Use Designation Approx Acreage Typical Implementation Zone Estimated Average pally Trips (ADT)* General Commercial 0.98 CL 686 *The Public Works Department uses the Anaheim Traffic Analysis Model (ATAM) when computing the estimated Average Daily Trips (ADT) for a particular development. When comparing the ADT's used in these tables with the ATAM for the proposed development, the latter results In greater trips. (10) The Anaheim General Plan provides an official guide for future development within the City. This plan Is Intended to promote an arrangement of land uses, highways and public services which provide sequenced development and adequate provision for public Improvements. The plan proposes the general usage of land and specNles a range of development Intensity and density. (11) Since the adoption of the General Plan In November of 1969, the Planning Commission /City Council have viewed the General Plan as being flexible within the ranges specified. This is reflected In the Introduction to the General Plan text from which the following statement Is quoted: Page 4 0 a Staff Report to the Planning Commission February 3, 1997 Item No. 6 "The Anaheim General Plan Is not a precise plan and does not show, nor Intend to show, the exact land use pattern which will in fact occur. Instead, it indicates the general location of land uses and the Interrelationships of various land use patterns as shown on the General Plan Land Use Map. The General Plan constitutes an expression of current City Objectives, Principles, Standards, Proposals and Policies and provides a basis from which decisions relating to specific land use proposals can be made." (12) The proposed amendment to the Land Use Element of the General Plan would redesignate the Commercial Professional and the Low Density Residential land use designations to the General Commercial land use designation which will provide for the development of a wide variety of commercial uses, shopping centers and small businesses and could be implemented by the CL (Commercial, Limited), CG (Commercial General) or CH (Commercial, Heavy) Zones, with CL being the most common. This amendment has been requested by the applicant In order to construct a commercial development. (13) The applicant has Indicated that the proposed General Plan Amendment will provide for service needs of the local population and tourists within the Immediate area. (The uses proposed are not permitted In the adjacent Anaheim Resort Area.) (14) Planning Commission may wish to note that approval of this request would facilitate the development of commercial uses similar to what existed on a portion of subject property (i.e.. service station, restaurant) previously. DEVELOPMENT PROPOSAL: (15) The petitioner proposes to demolish five (5) existing single -family residences to construct a two -story, 2,598 square -foot service station facility with an accessory convenience market with sales of beer and wine for off - premises consumption, four gasoline pump islands under one canopy, and a 2,100 square -foot drive- through, fast-food restaurant. (16) The submitted site plan Indicates the service station /convenience market building will be located approximately 54 feet from the north property line (Ball Road) and approximately 137 feet east of the west property line (Harbor Boulevard). A proposed gasoline pump island canopy with dimensions of 38'x 126' would be located 52 feet from the west property line (Harbor Boulevard) and 37 feet from the north property line (Ball Road). It should be noted that proposed setbacks are from the ultimate rights -of -way lines, not from the existing right-of- way Improvements. Eight Individual gasoline dispensers (four islands) with a total of sixteen nozzles are proposed beneath the canopy. The submitted site plan further indicates a proposed 2,100 square -foot drive- through, fast -food restaurant with the floor plan showing a 450 - square foot kitchen area, 300 square feet of office and storage area, 335 square feet of rest room area, and approximately 1,015 square feet of seating /dining area. The location of the service window and a drive- through lane for customer, Is Indicated on the plans and conforms to Code requirements. Page 5 0 0 Staff Report to the Planning Commission February 3, 1997 Item No. 6 (17) The submitted service station floor plan indicates a 1,670 square -foot sales and cashier area, 297 square feet of cooler area, a 60 square -foot office, additional storage area and two (2) rest rooms on the first floor, and a 198 square -foot office on the second floor. The petitioner Indicates that no miss of hated food or self -serve fountain drinks Is proposed. Sales of beer and wine for off - promises consumption is proposed within the accessory convenience market. (18) Inasmuch as the ultimate tenant has not been Identified (and may not be known), the submitted restaurant floor plan provides little Information regarding the interior arrangement of the facility, such as placement of kitchen equipment and location of seats In the dining area. (19) The submitted plans indicate the following site characteristics: Direction Proposed Structural Required Proposed Landscaping Setback Area Setback Area North adjacent to Ball 37 feet 10 feet 10 to 15 feet with a 3 -foot high Road (canopy) berm with 7 trees Fast adjacent to Palm 5 feet 10 feet 5 feet with 16 trees, 20 feet Street (service station on- center adjacent to the building) proposed screening wall facing Palm Street, and 2 feet adjacent to the screening wall on the Interior of the project South adjacent to a 37 feet 10 feet 20 feet with 5 trees, 20 feet single - family residence (restaurant) on-center West adjacent to 52 feet 10 feet 15 feet with a 3 -foot high berm Harbor Boulevard (canopy) and 14 trees (20) The submitted landscape plan Indicates a 15 -foot wide landscaped setback adjacent to Harbor Boulevard and a 10- to 15 -foot wide landscaped area adjacent to Ball Road, with a 3400t high berm and a total of twenty-one (21) trees (7 trees along Bell Road and 14 trees along Harbor Boulevard) with the majority of the landscaped setbacks exceeding Code requirements. It should be noted that staff originally requested an additional 10 feet of landscaped setback In order to ensure consistency between the subject property and the other three corner properties at this Intersection which are within the Anaheim Resort Specific Plan Area (20 -foot wide landscaped setback area required in Specific Plan). However, after working with the petitioner in revising the plans, the property can only accommodate an additional 5 feet of landscaped setback. The landscaping proposed Is layered and extensive and has been coordinated with the landscape themes which will ultimately exist in the public right -of -way on all four corners. Page 6 E Staff Report to the Planning Commission February 3, 1997 Item No. 6 Therefore, staff feels the additional 5 feet will ensure compatibility between this property and the others at this Important Intersection. The submitted landscape plan also Indicates a 5- to 8 -foot wide landscaped area adjacent to Palm Street, with a 5 -foot wide layered landscaped area facing Palm Street, Including trees planted 20 feet on- center (a total of sixteen trees), shrubs, and vines to prevent graffiti opportunities; a 2400t wide landscaped area abutting the 8400t high screening wall facing the Interior of the subject property is also proposed. (Code requires a 10400t wide setback adjacent to a local street in which more than two - thirds of the block on the opposite side of said local street Is zoned for single - family residential land use with a 6 -foot high block wall behind the landscaping). The submitted landscape plan further Indicates a 20 -foot wide landscaped area adjacent to the southern property line, abutting a single - family residential zoned property with trees planted 20 feet on- center (a total of five trees) per Code requirements. The submitted landscape plan Includes Information regarding the type, size, and location of plant materials proposed, and further Indicates eleven trees In the parking lot area to meet Code requirements for parking lot area landscaping. Code requires all trees to be a minimum of 15- gallon In size. (21) Vehicular access to the subject property is proposed via a new 35400t wide driveway from Harbor Boulevard and a new 35 -foot wide driveway from Ball Road, with no access provided from Palm Street. The submitted plans Indicate a total of fifty (5M parking spaces available on -site. Code requires a minimum of forty-eight M spaces based on the ratio of 16 spaces per 1,000 square feet of gross floor area for the proposed drive - through, fast food restaurant (34 spaces), and a ratio of 5.5 spaces per 1,000 square feet of gross floor area for the service station /convenlence market building (14 spaces). It should be noted that If heated take -out food or self -serve soft drink dispensers are proposed (in the future), five additional spaces would be required unless the approval of a separate parking waiver is obtained. (22) The submitted elevation drawings Indicate an approximate 24 -foot high, one -story building for the proposed drive- through, fast food restaurant, and an approximate 38- foot high, two-story building for the proposed service station and accessory convenience market. The submitted elevation drawings indicate an overall Spanish architectural theme that Includes columns, arches, and additional accents, with both buildings having anodized store front windows, stucco skiing for the building exterior walls, and Spanish -style tile roofing. The submitted elevation plan for the pump island canopy Indicates a 14.5400t high roof structure with matching Spanish -style roof tiles and steel support posts (painted dark gray) and a 3.5400t wide fascia (painted blue) with trim (painted light gray and white). (23) Submitted sign plans Indicate a proposed 8400t high, 47 square -foot monument sign located at the corner of Ball Road and Harbor Boulevard for the proposed service station. The sign plan indicates a 5.5400t high by 8.5 -foot wide, double-faced, Internally Illuminated monument sign on a 2.5 -foot high base. The monument sign plan further Page 7 0 0 Staff Report to the Planning Commission February 3, 1997 Item No. 6 indicates a brick veneer accent placed on the supporting base and on one side of the sign cabinet. The submitted pump island canopy plan Indicates two (2) 18 square -foot signs on the eastern and western canopy elevations, and two (2) 5 equare400t logo signs proposed on the northern and southern canopy elevations. No wall signs for either the service station building or the drive - through, fast food restaurant hove been submitted. The petitioner states that wall signs will be based on franchise requirements and, therefore, requests to submit specific sign plans, with the exception of the monument sign described above, for Planning Commission review and approval as a "Report and Recommendation' item at a later date. Planning Commission may wish to note that no freestanding sign is being proposed for the fast food restaurant. Due to the size of subject property, Code only allows one freestanding sign. (24) The petitioner has submitted a letter of operation stating that the service station will be open twenty-four (24) hours a day, seven (7) days a week, and the convenience market portion of the service station will operate from 6 a.m. to 11 p.m. with a maximum of five (5) employees. The petitioner further states that the tenant for the fast food restaurant will be open from 6 a.m. to 11 p.m., seven (7) days a week, with a maximum of seven (7) employees. Planning Commission should note that pursuant with Alcoholic Beverage Control (ABC) standards, no beer and wine sales are permitted between the hours of 2 a.m. and 6 a.m. ENVIRONMENTAL IMPACT ANALYSIS: (25) Staff has reviewed the proposal and the Initial Study and finds no significant environmental Impact and, therefore, recommends that a Negative Declaration be approved upon a finding by the Planning Commission that the declaration reflects the Independent judgement 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. (26) The proposed project has been reviewed by affected City departments to determine whether it conforms with the City's Growth Management Element adopted by the City Council on March 17, 1992. Based on City staff review of the proposed project, it has been determined that this project does not fit within the scope necessary to require a Growth Management Element analysis, therefore, no analysis has been performed. ®- s (27) The Anaheim General Plan Land Use Element designates subject property for Commercial Professional and Low Density Residential land uses. The petitioner requests that subject property be redesignated to General Commercial land uses. (Paragraph Nos. 7 through 14 (above) provide further discussion of this request.) Page 8 0 0 Staff Report to the Planning Commission February 3, 1997 Item No. 6 (28) The petitioner requests the reclassification of portions of the subject property from the RS- A- 43,000 and RS -7200 Zones to the CL Zone. The proposed reclassification of the subject property to the CL Zone would conform to the General Commercial land use designation as requested above. (29) A service station and accessory convenience market with sales of beer and wine for off - premises consumption, and a 2,100 square -foot drive- through, fast -food restaurant are permitted uses within the CL Zone, subject to the approval of a conditional use permit. (30) The first waiver pertains to maximum wall height. Code requires a 6 -foot high masonry wall adjacent to a single - family residential zone to screen the abutting commercial activities. The submitted plans indicate a proposed 8400t high wall along the south property line adjacent to RS -7200 Zoning. Staff recommends the 8 -foot high wall to provide additional screening for the abutting single - family residence from the proposed service station and drive- through restaurant businesses. (31) The second waiver pertaining to minimum number of parking spaces has been by finalized plans. (32) The third waiver pertains to minimum structural and landscape setback requirements adjacent to a local street and required site screening. Code requires a 10.fao wide structural setback, fully landscaped, with a maximum B -foot high screen wail to the rear of the 10 -foot landscaped area adjacent to a local street in which more than two- thirds of the block on the opposite side of said local street is zoned for single - family residential land uses. The submitted plans Indicate a 5 -foot wide building setback for the proposed service station building and a 5-foot wide layered landscaped setback facing Palm Street In front of the proposed B -foo high screening wall, Including trees planted on 20 -foot centers (a total of 16 trees), shrubs and vines. Staff recommended the 8400t high wall to provide additional screening between the residential and commercial uses and requested the landscaping to be extensive and layered to create depth. The submitted landscape plan further Indicates a 2 -foot wide landscaped area on the west side of the block wall located on the Interior portion of the subject property. This area will Include shrubs and vines. (33) The fourth waiver pertaining to the minimum landscaped setback adjacent to a residential zone boundary has been deleted by finalized plans. (34) On July 11, 1995, the Anaheim City Council adopted Resolution No. 95R -134 establishing procedures and delegating certain responsibilities relating to Issuance of licenses by the Department of Alcoholic Beverage Control of the State of California ( "ABC "). With regard to applications for licenses which would otherwise be denied but for the issue of whether the public convenience or necessity would be served by Issuance of the license and where the City Is responsible under state law to make such determination, the resolution delegates such determinations to the Planning Commission with the right of appeal (or review) by the City Council. Page 9 0 0 Staff Report to the Planning Commission February 3, 1997 Item No. 6 (35) Section 23958 of the Business and Professions Code provides that ABC shall deny an application for a license if Issuance of that license would tend to create a law enforcement problem, or If Issuance would result In, or add to, an undue concentration of licenses, except when an applicant has demonstrated that public convenience or necessity would be served by the Issuance of a license. (36) The petitioner is requesting a Determination of Public Convenience or Necessity to permit the retail sale of beer and wine for off - premises consumption in conjunction with the accessory convenience market within the subject service station building. The Anaheim Police Department has submitted a memorandum (attached) stating that the subject property is located within Reporting District No. 1925, which has a crime rate 139% above the City average. The subject property is also located within Census Tract No. 875.01, where there are currently seven (7) licenses permitting retail sale of alcoholic beverages for off - premises consumption; four (4) off -sale licenses are allowed. The Planning Commission may wish to note that the site formerly contained a restaurant (recently demolished), which held a license for the sale of beer and wine forte premises consumption. Since the entire site would still be Issued only one ABC license, the Police Department is not recommending denial of the request for Determination of Public Convenience or Necessity. (37) 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 code 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 code waiver Is granted by the Planning 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. (38) 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 proposed use is properly one for which a conditional use permit is authorized by the Zoning Code, or that said use is not listed therein as being a permitted use; Page 10 Staff Report to the Planning Commission February 3, 1997 Item No. 6 (b) That the proposed use will not adversely affect the adjoining land uses and 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 proposed use Is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare; (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 peace, health, safety and general welfare of the citizens of the City of Anaheim. EF=Rq o1L TJ Z r Fz17 RMTR (39) Staff recommends that, unless additional or contrary testimony is received during the public hearing, the Planning Commission take the following actions: (a) By motion, approve a CEDA Negative Declaration. (b) By resolution, recommend to the City Council approval of General Plan Amendment No. 343, redesignating subject property to the General Commercial land use designation. (c) By resolution, approve Reclassification No. 96 -97 -03 to reclassify subject property from the RS- A- 43,000 and the RS -7200 Zones to the CL Zone to be compatible with the requested General Plan land use designation for subject property and to allow the development of the subject request. The CL Zoning of this property is appropriate due to the property's location at an arterial highway Intersection. (d) By motion, approve waivers 1 and 3 (waivers 2 and 4 have been deleted) based on the following: (1) Staff recommends approval of the first waiver pertaining to maximum wall height to enhance the separation of the proposed commercial uses from the existing single - family residence to the south. (2) Staff recommends approval of the third waiver pertaining to the minimum building and landscaped setback adjacent to Palm Street (a local street) and required site screening based on the fad that a 5 -foot wide landscaped setback is proposed in front of an 8 -foot high wall adjacent to Palm Street which will provide Increased separation of the proposed commercial properties from the residential neighborhood to the east. The petitioner has agreed to and Incorporated an extensive layered landscape Page 11 Staff Report to the Planning Commission February 3, 1997 Item No. 6 planting that will give the appearance of greater depth to this landscaped area and has also proposed to plant vines on both sides of the wall with additional shrubs planted within a 2 -foot wide landscaped setback area on the west (service station) side of the wall. The 2 -foot wile landscape area will allow the wall to be visually "softened" as viewed from Harbor Boulevard. (e) By resolution, approve Conditional Use Permit No. 3902, to permit the proposed service station and accessory convenience market with sales of beer and wine for off - premises consumption, and a 2,100 square -foot fast -food, drive- through restaurant, based on the following: (1) That the requested land uses are listed as conditionally- permitted uses in the CL Zone, and the proposed service station and drive - through restaurant are compatible with the nearby commercial land uses and residential zones, since the proposed land uses are consistent with similar types of land uses located at the Intersection of many arterial highways throughout the City. (2) That the size of the subject property is adequate for the proposed service station and drive - through restaurant. As designed, the project Is sensitive to the protection of the nearby single - family residences. As conditioned, the proposed service station and drive- through restaurant should not adversely affect the nearby commercial businesses nor negatively Impact the existing single - family residential neighborhood to the south and east of subject property. (3) That the subject property will provide adequate Ingress /egress from public streets, on -site vehicular circulation, and the Code required parking for the customers patronizing the proposed service station and drive-through restaurant. (f) By resolution, $gorQve the request for Determination of Public Convenience or Necessity No. 97 -03 for a Type 20 (beer and wine) Alcoholic Beverage Control (ABC) license to permit the retail sales of beer and wine for off- premises consumption in conjunction with the accessory convenience market within the proposed service station facility based on the following: (1) That staff is recommending approval of a conditional use permit, subject to certain conditions (several of which relate to the beer and wine sales), for the retail sale of beer and wine for off - premises consumption In conjunction with a convenience market and gasoline service station operated on the premises. (2) That it would be convenient for shoppers and tourists desiring to make only one stop for grocery and related items, Including alcoholic beverages, to be able to purchase beer and wine items on the premises. Page 12 0 0 Staff Report to the Planning Commission February 3, 1997 Item No. 6 (3) That the proposed convenience market within the service station facility offers to shoppers and tourists an alternative to supermarkets, which are not equally convenient, to the customers desiring to make a quick purchase of grocery items, including beer and wine. (4) That the sale of beer will be limited to quantities of six packs or greater and the sale of wine coolers shall be limited to quantities of four packs or greater. (g) By motion, request the City Council to consider all of the above actions at the public hearing which is necessitated by the Council's mandatory public hearing consideration of the requested General Plan Amendment. 2. That the owner of the subject property shall submit a letter requesting termination of Variance Nos. 228 (to operate a real estate office), 301 (to construct a motel), and 772 (to erect a service station), and Conditional Use Permit No. 718 (to permit an existing service station within 75 feet of an R -1 Zone and within 75 feet of a structure in the R -A Zone) to the Zoning Division. 3. That completion of these reclassification proceedings Is contingent upon adoption of General Plan Amendment No. 343 by the City Council. 4. That prior to Introduction of an ordinance rezoning subject property, a preliminary title report shall be furnished to the Zoning Division showing the legal vesting of title, and a legal description containing a map of the property. 5. That prior to placement of an ordinance rezoning subject property on an agenda for City Council consideration, Condition Nos. 1, 2, 3 and 4, above - mentioned, shall be completed. The City Council may approve or disapprove a zoning ordinance at its discretion. If the ordinance Is disapproved, the procedure set forth in Anaheim Municipal Code Section 18.03.085 shall apply. The provisions or rights granted by this resolution shall become null and void by action of the Planning Commission unless said conditions are complied with within one (1) year from the date of this resolution, or such further time as the Planning Commission may grant. Page 13 1. That prior to Introduction of an ordinance rezoning the property, the legal owner of the subject property shall Irrevocably offer to dedicate to the City of Anaheim an easement 53 feet in width from the centerline of the street along Ball Road for street widening purposes and a comer cutoff easement at the corner of Ball Road and Palm Street and at the comer of Ball Road and Harbor Boulevard. 0 4 1 Staff Report to the Planning Commission February 3, 1997 Item No. 6 6. That approval of this application constitutes approval of the proposed request only to the extent that It compiles 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. 1. That this conditional use permit is granted subject to City Council adoption of General Plan Amendment No. 343 and adoption of a zoning ordinance In connection with Reclassification No. 96- 97.03, now pending. 2. That a lot line adjustment shall be submitted to the Subdivision Section of the Public Works Department and approved by the City Engineer and then recorded in the Office of the Orange County Recorder to merge the lots Into one parcel. 3. That the developer shall submit an application to the Real Property Section to abandon the existing public utility easements on -site and to obtaln vehicular access rights to Harbor Boulevard. This request must be approved by the City Council. 4. That prior to grading plan approval, the developer shall submit a Water Quality Management Plan (WOMP) specffically identifying the best management practices that will be used on -site to control predictable pollutants from stormwater runoff. The WOMP shall be submitted to the Public Works Department, Development Services Division for review and approval. 5. That the developer shall reconstruct the curb and gutter and construct full width sidewalk (i.e. 10 feet wide) along Ball Road in conformance with Public Works Department standards. A Right -of -Way Construction permit shall be obtained from the Public Works Department, Development Services Division. The Improvements shall be constructed prior to the first final building and zoning Inspections. 6. That gates shall not be Installed across any driveways in a manner which may adversely affect vehicular traffic In the adjacent public streets. Installation of any gates shall conform to Engineering Standard Plan No. 609 and shall be subject to the review and approval of the City Traffic and Transportation Manager prior to Installation of said gates. 7. That no roof mounted equipment shall be permitted unless fully screened from view from all public streets and adjacent properties In accordance with the Anaheim Municipal Code. 8. That the proposed freestanding sign on subject property shall be constructed as shown on Exhibit No. 7 and shall be subject to the review and approval of the City Traffic and Transportation Manager to determine adequate lines -of -sight prior to Issuance of the building permit. Page 14 0 0 Staff Report to the Planning Commission February 3, 1997 Item No. 6 9. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the latest revision of Engineering Standard Plan Nos. 436 and 601/602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 10. That no driveway or pedestrian access shall be permitted along the east property line (Palm Street). 11. That all driveways shall be constructed with ten (10) foot radius curb returns in conformance with Engineering Department Standard No. 137. 12. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approval. 13. That an on -she trash truck turn- around area shall be provided and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn - around area shall be specifically shown on plans submitted for building permits. 14. That during business hours of subject facility, separate men's and women's rest rooms shall be available to the public, and shall be properly supplied and maintained. Said facilities shall be specifically shown on the plans submitted for building permits. 15. That, In conformance with Anaheim Municipal Code Section 18.44.050.070, pertaining to removal of closed service stations, an unsubordlnated agreement shall be recorded with the Office of the Orange County Recorder agreeing to remove the service station structures (Including the underground tanks) In the event that the station is dosed for a period of twelve (12) consecutive months. A service station shall be considered dosed during any month In which it Is open for less than fffteen (15) days. A copy of the recorded agreement shall be submitted to the Zoning Division. 16. That all provisions of Anaheim Municipal Code Section 18.87.023.020 (as it may be amended from time to time), pertaining to the sale of beer and wine for off - premises consumption shall be complied with. 17. That the sales of alcoholic beverages shall not exceed 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 alcoholic beverages and other items. These records shall be subject to audit, and made available, when requested by any City of Anaheim official during reasonable business hours. 18. That no display of beer or wine shall be located outside the building or within five (5) feet of any public entrance to the building. 19. That the areas of beer or wine displays shall not exceed twenty-five percent (25 %) of the total display area In the building. 20. That window slgnage shall not be permitted for the service station, convenlence market or fast -food restaurant. Page 15 0 0 Staff Report to the Planning Commission February 3, 1997 Item No. 6 21. That no advertising of beer or wine shall be located, placed or attached to any location outside the interior of the building and that any such advertising shall not be visible or audible to anyone outside the building. 22. That no video, electronic or other amusement devices or games shall be permitted anywhere on the property. 23. That the sale of alcoholic beverages shall be made to customers, only when the customer is inside the building. 24. That no person under twenty -one (21) years of age shall sell or be permitted to sell any beer or wine. 25. That sales of beer and /or wine shall be permitted only between the hours of 8 a.m. and 11 p.m. 26. That no alcoholic beverages may be consumed on the premises. 27. 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 window areas of nearby residences and shall be so specified on plans submitted for building permits. 28. That any public telephones proposed on -site shall be located within the convenience market or fast - food restaurant, or If placed outside, shall be attached to the wall of the building within twelve (12) feet of the main entrance to the building. 29. That beer shall not be sold In packages containing less than a six -pack, and that wine shall not be sold in packages less than a four -pack. 30. That no food which is cooked, heated, reheated, assembled or altered on the site (take -out food) shall be permitted (from the convenience market) unless a separate variance for parking is approved or unless additional Code required parking is provided. 31. That the order speaker device shall be equipped with an operable volume control. The sound emitted shall not be audible at the residentially zoned boundaries to the south and east. The ordering device shall not be utilized after 10:00 p.m. 32. That service station, convenience market and /or restaurant employees shall be required to park In the parking spaces adjacent to the east property line. 33. That no propane tank(s) shall be permitted on -site. 34. That all landscaped areas shall be planted, irrigated and maintained Including removing litter, and shall be in conformance with Exhibit No. 6. Page 16 0 0 Staff Report to the Planning Commission February 3, 1997 Item No. 6 35. That the owner of subject property shall be responsible for the removal of any on -site graffiti within twenty four (24) hours of its application. 36. That any plans for additional signage, except for the proposed monument sign Identified In Exhibit No. 7, shall be submitted to the Zoning Division for review and approval by the Planning Commission as a "Report and Recommendation" Item. No advertising signs other than those approved by the Planning Commission shall be constructed on subject property. 37. That landscape irrigation plans for the subject property shall be submitted to the Planning Division for review and approval. 38. 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. 39. That hours of operation shall not exceed the following: Service Station - Open 24 hours Convenience Market - 6:00 a.m. to 11:00 p.m. Fast -Food Restaurant - 6:00 a.m. to 11:00 p.m. 40. That a 3 -foot high landscape berm shall be installed adjacent to Ball Road and Harbor Boulevard as Indicated on approved Exhibit No. 6. 41. That the property owner shall be responsible for the construction and maintenance of the required 8- foot high block adjacent to the south and east property lines. 42. 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 through 7. The approved project may be constructed In two phases (i.e. service station /convenience market and fast food restaurant, provided all conditions are compiled with). 43. 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. 1, 2, 3, 9, 12, 13, 14, 15, 27 and 37 above - mentioned, shall be compiled with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 44. That prior to final building and zoning inspections, Condition Nos. 5, 11, 31, 34, 40, 41 and 42, above - mentioned, shall be compiled with. 45. That approval of this application constitutes approval of the proposed request orgy to the extent that it compiles 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 17 • • Item No. 4 Staff Report to the Planning Commission December 21, 1998 Item No. 11 11a. CEOA NEGATIVE DECLARATION (PREVIOUSLY APPROVED) (Motion) 11b. WAIVER OF CODE REOUIREMENT (Motion) 11c. CONDITIONAL USE PERMIT NO. 3902 (READVERTISED) (Resolution) SITE LOCATION AND DESCRIPTION: (1) This Irregularly-shaped, 0.98 -acre property Is located at the southeast corner of Ball Road and Harbor Boulevard, with frontages of 185 feet on the south We of Ball Road and 285 feet on the east side of Harbor Boulevard (520 Walt Ball Road - Chevron Service Station). (2) The petitioner requests review and approval of revised plans for a previously- approved drive- through fast food restaurant in conjunction with an existing service station and convenience market with sales of beer and wine for oft - promises consumption with waivers of the following: U • � i u a •.- u-,-. i i is , .'Tin U • C Permitted types of sions (DELETED) d. SECTION NOS. 18.08.050.0225 - Minimum number of parking spaces. (49 AND 18.44.088 spaces required; Al proposed and recommended by the City Traffic and Transportation Manager) (3) This property Is partially developed with a service station and accessory convenience market with sales of beer and wine for off - promises consumption and has been zoned CL (Commercial, Limited) since 1997. (4) Conditional Use Permit No. 3902 (to permit a service station with an accessory convenience market with sales of beer and wine for off - promises consumption and a separate drive - through fast food restaurant with waivers of maximum wall height, minimum structural and landscaped setback adjacent to a local street and required site screening and minimum landscaped setback adjacent to a residential zone boundary) was approved by the City Council on February 25, 1997 subsequent to approval by the Commission. Page 1 0 n u Staff Report to the Planning Commission December 21, 1998 Item No. 11 (5) Surrounding land uses are as follows Direction Land Use Zoe 1Plan Daa) n North across Ball Arco Service Station SP92 -2 (Th.eurnwn Commercial Recreation Road with Auto Repair Resat sv.cmo Pun) East Single-Family RS -7200 Commercial Professional Residences and Low Density Residential South Single - Family RS -7200 Low Density Residential Residence West across Harbor Hotel (Holiday Inn) SP92 -2 (TheAmhekn Commercial Recreation Boulevard Resat Bpwft Plon) Northwest across Ball Shell Service Station SP92 -2 (rho Aram n Commercial Recreation Road with Convenience ReW svedft Plan) Market (induans ba.r area rhr aaNa DEVELOPMENT PROPOSAL: (8) The petitioner proposes to construct a new 2,100 square foot drive - through fast food restaurant (Taco Bell) on the southern portion of the property. No construction is proposed for the existing service station building or the overhead canopy. (7) Plans indicate that the drive - through fast food restaurant will have a 3- building setback from Harbor Boulevard, a 31 -foot building setback from the southern property line abutting a single - family residence and a 25- to 48 -foot building setback from Palm Street. The location of this drive - through restaurant Is substantially in conformance with the original exhibits adopted in connection with Conditional Use Permit No. 3902. (8) The floor plan Indicates that the drive - through restaurant consists of 942 square feet of kitchen/food preparation area, 888 square feet for the dining room, and 270 square feet for the restroom area. Within the dining room, the floor plan Indicates a self -serve beverage counter for customers. The floor plan also Indicates a sales counter area and food assembly area located next to the drive - through service window, which is shown at the center of the southern building wall. The petitioner indicates that efficient food service requires that the service window be located next to the food assembly area and the front counter. (9) The property is accessed from Ball Road and Harbor Boulevard. Plans Indicate a total of 11 parking spaces for the existing service station with an accessory convenience market and the proposed drive - through restaurant. Code requires a minimum of SI spaces based on the ratios of 5.5 spaces per 1,000 square feet gross floor area for the service station building (2,400 sq. ft. x 5.511000 =13.2 spaces) and 18 spaces per 1,000 square feet gross floor area for the drive - through fast food restaurant (2,100 sq. ft. x 18/1000 a 33.8 spaces). The Commission may wish to note that the original approval for this service station/drive- through restaurant facility included 12 parking spaces. (10) The plans further Indicate that the restaurant proposes a 130 -foot drive- through lane, with 50 feet of stacking area from the start line to the ordering device and 80 feet of stacking area from the ordering device to the service window. Code requires a 180 -foot long drive - through lane, with 80 feet of stacking from the start line to the ordering device and 100 feet of slacking from the ordering device to the service window. Page 2 0 0 Staff Report to the Planning Commission December 21, 1998 Item No. 11 (11) Elevation drawings indicate a one -story structure with a maximum height of 23 feet. The exterior building materials consist of stucco and plaster finish for the walls, with typical store-front windows and doors, a service window centered In the south building elevation, architectural arches framing the entry ways and canopy treatments for the windows and entry doors. Two decorative gables are proposed on top of the entry way arches facing north and west with pitched roofs (plans indicate that the rest of the building has a flat roof- top). No plans were submitted pertaining to screening the anticipated roof mounted - equipment. (12) The sign plans indicate a 20 square foot wall sign consisting of a logo and the name of the business 'Taco bell' located on the north, south and west building elevations. The petitioner has submitted a letter indicating that the proposed monument sign advertising the drive - through restaurant has been deleted from this request. The petitioner has stated that the existing monument sign for the service station will be modified to provide advertising space for the drive - through restaurant. (13) The petitioner has indicating that the drive - through restaurant will operate 24 hours a day, seven days a week, with the drive - through lane open from 6 a.m. to 11 p.m. as approved per Conditional Use Permit No. 3902. The petitioner also requests that customers be able to order food from the restaurant while parked at the pumps in order to provide the customer's meal at the some time as their gasoline purchase. ENVIRONMENTAL IMPACT ANALYSIS: (14) Staff has reviewed the proposal to construct a drive - through restaurant in connection with an existing service station and convenience market with sales of beer and wine for off - premises consumption and finds no significant adverse environmental impacts resulting from any changes to the existing project. Therefore, staff recommends that the previously - approved Negative Declaration in connection with Conditional Use Permit No. 3902 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 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. GROWTH MANAGEMENT ELEMENT ANALYSIS'. (15) The proposed project has been reviewed by affected City departments to determine whether it conforns with the City's Growth Management Element adopted by the City Council on March 17, 1992. Based on City staff review of the proposed project, it has been determined that this project does not fit within the scope necessary to require a Growth Management Element analysis, therefore, no analysis has been perforned. Page 3 0 0 Staff Report to the Planning Commission December 21, 1998 Item No. 11 (18) The requested drive4hrough fast food restaurant is permitted In the CL Zone subject to the approval of a conditional use permit. Although a drive - through restaurant has been previously approved for this property, the current request Involves a facility that requires several waivers from Code requirements, and which is not substantially the same building as originally reviewed by the Planning staff or the Commission. (17) The first waiver pertaining to maximum number of freestanding signs has been deleted. The petitioner has withdrawn a request for a second freestanding monument sign to advertise the drive - through restaurant. The existing monument sign at the comer of Ba (18) The second waiver pertaining to minimum distance between freestanding signs has been deleted since the request for a second monument sign has been withdrawn by the petitioner. (19) The third waiver pertaining to permitted types of signs has been deleted by staff. Based on additional information and review of the elevation drawings, staff has determined that the signs on the !wilding elevations should be considered wall signs rather than roof signs. (20) The fourth waiver pertains to minimum number of parking spaces. Code requires a minimum of 41 spaces for the service station with convenience market and the drive - through restaurant as diacusssd in paragraph (9) of this report. Plans Indicate a total of spaces (93.8% of Code requirement) available for this site. The Commission may also (21) The petitioner has submitted a parking letter to the City Traffic and Transportation Manager to address the shortage of three (3) required parking spaces. The Traffic and Transportation Manager has determined that there Is sufficient parking available on -stte, since the deviation is less than 10% from Code requirements. The petitioner includes the following findings to substantiate the requested waiver. a. The request variance will not cause fewer off street parking spaces to be available as there are no off street parking spaces available at the present time. b. The requested variance will not increase the demand and competition for parking spaces upon public streets in the Immediate vicinity because there is no public parking on the street at or near the intersection of Harbor Boulevard and Ball Road in Anaheim where the subject property Is located. Page 4 Staff Report to the Planning Commission December 21, 1998 Item No. 11 C. The comer of Harbor Boulevard and Ball Road Is a busy intersection with no public parking allowed on the street in any direction. The subject property Is adjacent to the following: the south 5 Fwy. (no parking), Holiday Inn Hotel across the street on the southwest comer, (hotel guests may walk across the street to eat), on the northeast comer Is an automobile mechanic shop. Cars will not park on this property to access fast food. Directly behind the station but not bordering the property Is Palm Street. There will be no imposition on private property adjacent to or in the vicinity of the proposed use. d. At the present time there are no off street parking areas that would be affected adversely in the immediate area of Harbor Boulevard and Ball Road in Anaheim. Consequently, there will be no Increased traffic or congestion In any off-street parking lots. e. The (5 Fwy.) Santa Ana borders the property to the south. There is no adjacent properties that will have their ingress to or egress from Impeded on as a result of the approval of the requested variance. (22) The fifth waiver pertains to minimum drive - through lane requirements. Code requires a 180 -foot long drive- through lane for this facility. Plans indicate a 130 -foot long drive - through lane as described in paragraph (10) of this report. (23) Staff Is very concerned with the proposed drive - through restaurant and its requested waivers. With the original approval of Conditional Use Permit No. 3902, the petitioner Indicated that both the service station with an accessory convenience market and a drive - though restaurant could exist on the property without requiring any waivers pertaining to minimum number of parting spaces or minimum drive - through lane requirements. Furthermore, the conceptual design of the drive - through restaurant Indicated that the service window would be located on the east building elevation in order to prated the abutting single - family residence to the south. The revised plans for the proposed drive - through restaurant not only requires threes previously mentioned waivers, but also shows that the service window will be located on the southern building elevation, facing SLY towards the adjacent single - family residence. The petitioner has stated In several meeting with staff that the service window can no be moved to the east building elevation due to the floor plan arrangements for their typical restaurant layout. Staff still believes that a redesigned site plan and floor plan would allow for a drive - through restaurant to exist on the site without necessitating any additional waivers and provide for a service window on the east building wall to protect the abutting single - family residence. Staff recommends that no waivers from Code requirements be approved in conjunction with this facility. (24) The Commission may wish to note that the landscaping for this she has not been completed due to the construction on Harbor Boulevard and the off -romp from the Santa Ana (1 -5) Freeway. Staff recommends that the Commission adopt a condition of approval indicating that prior to issuance of any building permits for a drive - through restaurant, landscepe and Irrigation plans shall be submitted to the Planning Department for review and approval. Furthermore, staff recommends that the required landscaping and irrigation improvements be installed prior to any Issuance of occupancy permits for the drive - through restaurant. Page 5 Staff Report to the Planning Commission December 21, 1998 Item No. 11 FINDINGS: (25) 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 h, shall be deprived of privileges commonly enjoyed by other properties In the some vicinity and zone. The sole purpose of any code 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 code 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. (28) Section 18.08.080 of the parking ordinance sets forth the following findings which are required to be made before the parking waivers are approved by the 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 reasonably foreseeable conditions of operation of such use; and (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; and (c) That the waiver, under the conditions imposed, If any, will not increase the demand and competition for parking spaces upon adjacent private property in the Immediate vicinity of the proposed use (which property Is not expressly provided as parking for such use under an agreement in compliance with Section 18.08.010.020 of this Code); and (d) That the waiver, under the conditions Imposed, if any, will not increase traffic congestion within the oft -street parking areas or lots provided for such use; and (e) That the waiver, under the conditions Imposed, if any, will not Impede vehicular Ingram 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 by the Commission, the granting of any such variance shall be deemed contingent upon operation of such 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 said variance. Exceeding, violating, Intensifying or otherwise deviating from any of said assumptkns as contained in the parking demand study shall be deemed a violation of the express conditions Imposed upon said waiver which shall subject said waiver to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of this Code. Page 6 • 0 Staff Report to the Planning Commission December 21, 1998 Item No. 11 (27) Before the Commission grants any conditional use permit, it must make a finding of fad 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 the Zoning Code, or that said use is not listed therein as being a permitted use; (b) That the proposed use will not adversely affect the adjoining land uses and 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 proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare; (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 peace, health, safety and general welfare of the citizens of the City of Anaheim. (28) 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 take the following actions: (a) By motion, determine that the previously- approved CECA Negative Declaration serve as the required environmental documentation for this request based on the information contained in paragraph no. (14) of this report. (b) By motion, dM waivers for (a) maximum number of freestanding signs, (b) minimum distance between freestanding signs, (c) permitted types of signs and (e) minimum drive - through lane requirements based on the following: 1. That waiver (a) and (b) have been deleted due to the petitioner's withdrawal of the requested second freestanding monument sign identifying the drive - through restaurant. 2. That waiver (c) has been deleted by staff upon determination that the requested signs on the building are wall signs and not roof signs. 3. That waiver (e) be denied based on the lack of identifiable hardship or special circumstances applicable to the property such as size, shape, topography, location or surroundings. The granting this waiver would have the effect of granting a special privilege not shared by other similar properties In the vicinity. The Commission should nob that by complying with ,tent's request to relocate the service window to the east building elevation, the waiver would be eliminated. Page 7 0 ! Staff Report to the Planning Commission December 21, 1998 Item No. 11 (c) By motion, approve waiver (d) minimum number of parking spaces based on the information and findings found in paragraph nos. (20), (21) and (28) of this report. (d) By resolution, OM the request for review and approval of revised plans for a previously- approved drive - through fast food restaurant in conjunction with an existing service station and convenience market with sales of beer and wine for off - premises consumption as approved by Conditional Use Permit No. 3902 based on the following: 1. That the drive - through restaurant, as designed with a service window on the south building elevation, will adversely affect the adjoining single - family residence to the south by creating additional service activities that was not originally Intended adjacent to the single - family residence. 2. That the size and shape of the site is no adequate to allow the redesigned restaurant in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare since the proposed facility will require waivers of Code requirements which will affect the abutting single - family residence to the south. 3. That the traffic generated by the drive - through restaurant will impose an undue burden upon the streets and highways since a waiver is required for the length for the drive - through lane that could cause vehicle stacking into the Harbor Boulevard driveway and affect circulation on the public street. 4. That the approval of the revised plans for this drive - through restaurant, even with the condtions imposed, will be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. (28) Should the Commission wish to grant approval for the revised plans for the requested drive - through restaurant, staff recommends the following amendment to Resolution No. 97R -21: '37. That revised landscape and irrigation plans for the subject property shall be submitted to the Zoning Division for refurbishment of the landscaping on-site prior to issuance of building permits for the drive - through restaurant. Said landscaping and irrigation improvements shall be completed prior to any occupancy permits granted for the drive - through restaurant. 42. 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 Revision No. 1 of Exhibit Nos. 1, 3 and 4, and Exhibit Nos. 2, S. 8, 7, 8, 9 and 10 as conditioned herein. 43. That final floor and parking lot plans shall be subject to the review and approval of the Police Department for safety and security considerations. 44. That there shall be no on -street parking permitted on the west side of Palm Street 300 feet south from Ball Road. That the property owner /developer shall reimburse the City of Anaheim the cost of painting the curb (approximately $250.00). Page 8 ITEM NO. 1 -A INN SUITES VAN JJ42 RED ROOF INN MARIOTT RESIDENCE INN INN SUITES 1 1 SP 92 -2 SP 9 RCL66 -67 -61 (108) RCL86-67x1 (108) RCL 56 -57 -31 RCL 66-6]x1 (32) SATELLITE RCL W57E TLUP 2002-(N604 CLEANERS VAR 2002-04543 SP 93 -1 VAR 2002x4596 RCL66 -67 -61 (108) SP 93 -1 RCL 56 -57 -31 SP 92 -2 SP 93 -1 F- RCL 66-67 -61 (108) EXTENDED RCL66 -67-61 (106) RCL66 -67 -61 (108) LU RCL 56 -57 -31 STAYAMERICA RCL 56 -57 -6 RCL 56 -57 -8 LU AMERICAN PEACOCK SP 922 d' F- LINEN SUPPLY SUITES RCL66 -67 -61 (108) (n SP 93-1 W LU j CUP 1072 LU RCL 66-67-61 (108) (if LL CUP 1063 Z RCL 56 -57 -31 F- SP 92 -2 J CUP 286 F- HAWTHORN 3P 93 -1 (n RCL 66-67-61 (108) CUP 41 SUITES LTD. RCL 56 -57 -8 VAR g1g Z RCL 66$7$1 (108) Z CUP 2927 0 THE BOOGIE LU SP 92 -2 RCL 56 -57 -31 > � RCL 66x]41 1108) FSP 2005 -00001 LU VAR 553 0] LU GL 5 5]- 1 �; Q N AMERICAN LINEN SUPPLY VAR 2345 s v VAR 2005 -04642 U NT Q RCL56 -57 -92 RcLr 7� 1 RGB) RENT -A -CAR �� F ( ) RCL565]d sP 92-2 w of ��NZ (CUp3053) SP92 -2 cuPZev Aoro I RCL S 9 1oa) �`°6 CUP3241) RCL66x741(I CUP1aR2 sop ( m_� - RCL 56 -5] -8 — Q RCL58-57 -31 oQN (CUP m CUP2005 -05038 6 CUP 839 �� VACANT m cuPZSO] _ RCL 6667x1(ID8) Q SP 92-2 VAR231 r CUP2198 '° RCL 666]x1(]4) SP 92-2 DELTACO ENTERPRISE I VAR 636 RCL 58-57-6 VACANT REST. ENT - - CAR 1 1 VAR 554 CUPS% RESTAURANT I _ VAR 2805 11 1 ] -11 MARKET 195' �1 a KATELLA AVENUE m P AVIS _^ (p (p r y mF SP '2 SP 92 -2 67-29 Nr(D� NrmrNm Nm �NZ CL 2(p4-0]135 Z RCL 66 RCL (p0 N19 N� SP 92 -1 mm M a a mm N RCL V`8 -5948 RCL S &59d SP 92 -1 m a s u2 "4M U) a a e _ a (o� QQQ moaQ LU VAR iF.E3 CUP 1604 CUP 1604 D CUP 2592 PARKING PARKING O°(o d' �0 j QUO »> a0» VAR w VAR 1563 a VAR 1523 Q K 0! �0 ARENA INN &SUITES U) MHP ae cr LU H SP 92 -1 U) RCL 82 -83 -35 = (Res of Intent to RM -1000) RCL 82 -83 -26 RCL 66-67-61 (Res of Int to C -R) CUP X -15 CUP 2462 CUP 1 EM DISNEYLAND EMPLOYEE Conditional Use Permit No. 2005 -05038 Subject Property Date: November 14, 2005 Scale: 1"=200' Requested By: CITY OF ANAHEIM Q.S. No. 87 REQUEST TO PERMIT A 5,040 SQUARE FOOT TEMPORARY SALES TRAILER FOR A PREVIOUSLY - APPROVED TIME SHARE RESORT WITH WAIVERS OF: (A) LOCATION OF PARKING AREAS, AND (B) REQUIRED IMPROVEMENT OF PARKING AREAS 131 West Katella Avenue 2047 ! 41 ` s ' � �• -'.., .rte W z +x r-- R _ z r ;} N KATELLAAVENUE r r r f � L 1 � � 0 W J 1 � O I in Val �• z {{ ;• �. ? { L Conditional Use Permit No. 2005 -05038 Subject Property Date: November 14, 2005 Scale: 1"=200' Requested By: RON PICKETT Q.S. No. 87 REQUEST TO PERMIT A 5,040 SQUARE FOOT TEMPORARY SALES TRAILER FOR A PREVIOUSLY - APPROVED TIME SHARE RESORT WITH WAIVERS OF: (a) location of parking areas, and (b) required improvement of parking areas. 131 West Katella Avenue 2047 Staff Report to the Planning Commission November 14, 2005 Item No. 5 5a. CEQA ENVIRONMENTAL IMPACT REPORT NO. 313 (PREVIOUSLY - CERTIFIED) (Motion) 5b. WAIVER OF CODE REQUIREMENT (Motion) 5c. CONDITIONAL USE PERMIT NO. 2005 -05038 (Resolution) SITE LOCATION AND DESCRIPTION: (1) This rectangularly- shaped, 0.87 -acre property is located at the northeast corner of Katella Avenue and Zeyn Street, having frontages of 195 feet on the north side of Katella Avenue and 183 feet on the east side of Zeyn Street (131 West Katella Avenue). REQUEST: (2) The applicant requests a conditional use permit to construct a 5,040 square foot temporary sales trailer for a previously- approved timeshare resort under authority of Code Section No. 18.116.070.050.0529, with waivers of the following: (a) SECTION NO. 18.116.100.030 Location of parking areas (No parking shall be located between the right -of -way and the building; parking proposed) (b) SECTION NO. 18.116.110.090 BACKGROUND: Required improvement of parking areas (Trees required for every 5 spaces; 5 trees proposed in one planter) (3) This property is vacant and is zoned SP92 -2 (Anaheim Resort Specific Plan). The Anaheim General Plan designates this property for Institutional land uses. Surrounding properties to the north, east, west and south are designated for Commercial Recreation land uses. The property is owned by the City and is planned for a utility substation. The applicant is currently undergoing lease negotiations with the City for the interim use of this site as a sales trailer for the timeshare resort approved across Zeyn Street to the west. Building plans for the timeshare resort have been recently submitted to the Building Division. PREVIOUS ZONING ACTIONS: (4) Conditional Use Permit No. 2507 (to permit retail sporting goods sales in the ML zone with waivers of a) minimum number of parking spaces, and b) minimum landscaped setback) was approved by the Planning Commission on December 28, 1983. This use is no longer in operation and Real Property Section of the Public Works Department, acting as the property owner, has submitted a letter requesting termination of this permit. DEVELOPMENT PROPOSAL: (5) The applicant requests a conditional use permit to construct a 5,040 square -foot temporary sales trailer for a 14 -story timeshare resort previously- approved for the property to the west across Zeyn Street (201 West Katella). The applicant indicates that the sales operation for the timeshare would eventually occur within the timeshare resort building once construction is completed. The proposed temporary sales trailer would be used for an interim period of approximately two years- sr-cu p 2005- 05038j pd.doc Page 1 Staff Report to the Planning Commission November 14, 2005 Item No. 5 (6) The building is proposed at the northeast corner of the site with parking between in the setback between the building and the street. The Anaheim Resort Specific Plan requires that the building abut the street setback behind the required landscaping and parking is not a permitted encroachment into this area. A waiver of this requirement is being requested to propose the sales trailer away from the street due to the characteristics of the trailer building. The site plan (Exhibit No. 1) indicates the following proposed setbacks: A walkway (permitted encroachment) is proposed in the 10 -foot setback (7) Vehicular access to the site would be provided via one (1) driveway from Zeyn Street. The site plan indicates a total of 30 parking spaces available for this sales office. Code requires Page 2 Code Code Direction Required /Proposed Required /Proposed Building Setback Landscape Setback North (adjacent to 10 feet/ 10 feet 10 feet/6 -10 feet* industrial laundry facility) South (adjacent to 11 feet/ 83feet 11 feet/11 -31 feet Katella Avenue) East (adjacent to 10 feet/ 18 feet 10 feet/6 -10 feet* convenience market) West (adjacent to Zeyn 10 feet/ 98 feet 10 feet/10 feet Street) A walkway (permitted encroachment) is proposed in the 10 -foot setback (7) Vehicular access to the site would be provided via one (1) driveway from Zeyn Street. The site plan indicates a total of 30 parking spaces available for this sales office. Code requires Page 2 Staff Report to the Planning Commission November 14, 2005 Item No. 5 20 spaces based on 4 spaces per 1,000 square feet of gross floor area for the proposed 5,040 s.f. office trailer. (8) The floor plan for the sales trailer (Exhibit No. 2) indicates that the main entrance is on the south elevation facing Katella Avenue, leading to a reception area, sales area, offices, assembly room and restrooms. Two exits are proposed at the north side of the building. (9) The elevation plan, (Exhibit No. 3) indicates a 15 -foot high, single -story stucco building with decorative columns and cornices on the south elevation facing Katella Avenue. The entrance to the building is 30- inches off the ground, with two sets of stairs leading to the front door. Awnings are proposed over the two windows to provide articulation to the building. The cornice wraps around to the east and west elevations as well. The west elevation (facing Zeyn Street) is proposed with windows and awnings with landscaping at the base to enhance the elevation visible to the street. The north elevation (facing industrial laundry facility) contains the air conditioning units and exits to the building. Given the distance of the building to Zeyn Street, the grade difference between the building and the property to the north (site to the north is higher) and the proposed landscaping, it is anticipated that the north elevation would not be very visible to the general public. (10) The landscape plan (Exhibit Nos. 4 and 5) indicates an 11 -foot wide landscape planter along Katella Avenue and a 10 -foot wide landscape planter along Zeyn Street, in compliance with code requirements. The plan further proposes a 3- to 11 -foot wide landscaped area along the west and south walls of the building facing the public right -of- way. A 10 -foot wide landscape area is proposed along the north and east property lines with a 4 -foot wide walkway encroaching into a portion of the setback as permitted by Code. One landscaped planter with four trees, shrubs and groundcover is proposed in the middle of the parking area. A 6 -foot wrought iron fence is proposed along the north and east property lines to replace the existing on -site chain link fence. Code requires that a planter separate every five parking stalls and 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. Based on this Code requirement, 10 trees are required throughout the parking area. Plans propose 10 trees throughout the proposed planter and along the front of the building. However, the parking spaces are not separated by a landscape planter for every 5 parking stalls. The applicant has indicated that they are requesting the waiver to maximize the number of parking spaces available for staff and visitors to the site. In addition, the request is for a temporary use and the intent of the code is being satisfied with the lush landscaping provided throughout the property as a whole. With the exception of the requested waiver of required improvement of parking areas, the number of trees within the parking area complies with Code. (11) Katella Avenue is not developed to the ultimate right -of -way in the existing condition. Although all setbacks are proposed from the ultimate right -of -way, Public Works staff has asked the applicant to landscape the additional right -of -way area in the interim until such time that the timeshare resort is developed to the west. At that time, it is anticipated that the widening will occur along both parcels to provide a smooth transition for vehicular traffic on Katella Avenue. (12) The sign plans (Exhibit Nos. 6 and 7) indicate proposed wall signs for the sales trailer on the south and west elevations facing Katella Avenue and Zeyn Street. Plans propose a 26 square foot wall sign on each elevation with routed out acrylic letters indicating "Trendwest' in blue on a semi - circular silver display. The proposed wall signs comply with the Anaheim Resort Specific Plan sign criteria. Page 3 Staff Report to the Planning Commission November 14, 2005 Item No. 5 (13) The submitted letter of operation indicates that the proposed hours of operation are 10:30 a.m. to 11 p.m. with up to 10 employees. ENVIRONMENTAL IMPACT ANALYSIS: (14) Staff has reviewed the proposal and applicant's submitted Environmental Information Form (a copy of which is available for review in the Planning Department) and finds that the proposed project's environmental effects are within the parameters and assumptions analyzed in the previously- certified Environmental Impact Report No. 313 for the Anaheim Resort Specific Plan. Furthermore, based upon a review of the requested waivers and supporting documentation, staff finds that said waivers will not result in any new significant environmental impacts Staff has prepared Mitigation Monitoring Plan No. 071 for the proposed project incorporating those mitigation measures included in the Anaheim Resort Mitigation Monitoring Program No. 0085 that are applicable to the project (a copy of Mitigation Monitoring Plan No. 071 has been forwarded to the applicant and is on file and available for public review in the Planning Department). EVALUATION: (15) Uses or activities not listed, nor specifically prohibited, in the Anaheim Resort Specific Plan which are determined by the Planning Commission to be consistent and compatible with the intended purpose of the Specific Plan are permitted subject to the approval of a conditional use permit. The proposed temporary sales trailer is an interim accessory use to a 14 -story timeshare resort approved within the Hotel Circle Specific Plan on the property to the west across Zeyn Street. Staff believes that this proposed use is both compatible and consistent with the intended purpose of the specific plan. (16) Waiver (a) pertains to the location of parking areas. The Anaheim Resort Specific Plan requires the building to be placed adjacent to the landscaped setback with the parking behind the building to conceal it from view. The submitted plan proposes the building at the rear of the site with the parking located directly behind the landscaped setback. The applicant indicates that this is optimal for the site due to the temporary nature of the land use and the manufactured building proposed for the sales trailer. The parking area will be screened by the heavy landscaping proposed along Katella Avenue. In addition, the sales trailer has air conditioning equipment along the back side that should be shielded as much as possible from public view. Staff recognizes the uniqueness of the temporary use and structure proposed for this use and recommends approval of this waiver on the basis that there are special circumstances that are applicable to this property and the temporary use proposed. Further, strict application of the zoning code would result in a less desirable condition due to the nature of the building proposed for the interim use. (17) Waiver (b) pertains to required improvement of parking areas. Code requires one tree in a landscaped planter for every five parking stalls. Plans propose the number of required trees, however a landscaped planter is not provided separating every five parking stalls. One large planter is provided in the middle of the parking area to break up the hard surfaces in the parking lot. The applicant has indicated that this waiver is being requested to maximize the number of parking stalls for the visitors and staff. Although parking exceeds Code requirements, the applicant feels the additional parking spaces will be necessary for their operation. In addition, the combination of extensive landscaping along the setback and trees within the parking area and along the building provides screening of the parking area. Since the proposed use in an interim use for up to two years and adequate landscaping is provided elsewhere on the site, staff supports this request based on the finding that there are special circumstances that apply to the property in that it is Page 4 Staff Report to the Planning Commission November 14, 2005 Item No. 5 ultimately to be developed with an institutional use which imposes limitations on the use of the property. Given that the proposed landscaping meets the intent of the Code requirement by providing the trees required and significant landscaping in the ultimate right - of -way, strict application of the Code would require an additional burden on the proposed development of the site. (18) The Public Works Department, Real Properties Division is currently negotiating a lease with the applicant for the use of the property as an interim use until the Public Utilities Department is ready to move forward on the development of a City substation. City staff feels that the proposal allows for a use that is compatible with the Anaheim Resort Specific Plan in a manner that is appropriate for the temporary use of the site- FINDINGS (19) 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. (20) 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. Page 5 Staff Report to the Planning Commission November 14, 2005 Item No. 5 RECOMMENDATION: (21) 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 EIR No. 313 previously certified in conjunction with the Anaheim Resort Specific Plan (SP92 -2) is adequate to serve as the appropriate environmental documentation for this project for purposes of CEQA. (b) By resolution, approve the applicants to construct a 5,040 square foot temporary sales trailer for a previously- approved timeshare resort for a period of two years to expire November 14, 2007, by adopting the attached resolution including the findings and conditions of approval contained therein. Page 6 [DRAFT] RESOLUTION NO. PC2005 - - "' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005 -05038 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: THE WEST 200 FEET OF THE EAST 440 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE NORTH 410 FEET THEREOF. ALSO EXCEPT THEREFROM THAT PORTION SET FORTH IN THE FINAL ORDER OF CONDEMNATION IN FAVOR OF THE CITY OF ANAHEIM, RECORDED JANUARY 12, 1998 AS INSTRUMENT NO. 19980015342, OFFICIAL RECORDS OF SAID COUNTY RESERVING THEREFROM UNTO THE CITY OF ANAHEIM THE RIGHT TO CONSTRUCT PUBLIC IMPROVEMENTS, INCLUDING ROAD, PUBLIC UTILITY, SIDEWALK, AND LANDSCAPE IMPROVEMENTS IN CONSORT WITH THE ANAHEIM RESORT SPECIFIC PLAN, OVER, UNDER AND ABOVE A 19- FOOT -WIDE STRIP OF LAND, THE SOUTHERLY LINE OF SAID 19 -FOOT- WIDE STRIP BEING THE SAME AS THE NORTHERLY LINE OF SAID FINAL ORDER OF wePIC08l0 MAN I to] 0 WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 14, 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, 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 request to construct a 5,040 square -foot temporary sales trailer for a previously- approved timeshare resort is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.116.070.050.0529 with the following waivers: (a) SECTION NO. 18.116.100.030 Location of parking areas (No parking shall be located between the right -of -way and the building; Parking proposed) (b) SECTION NO. 18.116.110.090 Required improvement of parking areas (Trees required for every 5 spaces; 5 trees proposed in one planter) 2. That waiver (a) pertaining to location of parking areas is hereby approved based on special circumstances applicable to the property relating to the ultimate use of the site for a utility substation and the Cr\PC2005 -0 -1- PC2005- resulting limitations on the development of the site in the interim. The parking area will be screened by the heavy landscaping proposed along Katella Avenue. In addition, the sales trailer has air conditioning equipment along the back side that should be shielded as much as possible from public view. Further, strict application of the zoning code would result in a less desirable condition due to the nature of the building proposed for the interim use. 3. That waiver (b) pertaining to required improvement of parking areas is hereby approved based on the finding that the proposed use in an interim use for up to two years and adequate landscaping is provided elsewhere on the site. There are special circumstances that apply to the property in that it is ultimately to be developed with an institutional use which imposes limitations on the development of the property. Given that the proposed landscaping meets the intent of the code requirement by providing the trees required and significant landscaping in the ultimate right -of -way for a significant duration of the use, strict application of the code would require an additional burden on the proposed development of the site. 4. That the proposed temporary sales trailer will not adversely affect the adjoining land uses or the growth and development of the area. 5. That the size and shape of the site 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. 6. 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. 7. That the proposed use is an appropriate interim use of the property and will be properly developed to be compatible with the Anaheim Resort. 8. That * ** 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 Planning Commission has determined that the proposed project's environmental effects are within the parameters and assumptions analyzed in the previously- certified Environmental Impact Report No. 313 for the Anaheim Resort Specific Plan. Furthermore, based upon a review of the requested conditional use permit and associated waivers, and the supporting documentation, Commission has determined that said request will not result in any new significant environmental impacts and any impacts will be addressed by Mitigation Monitoring Plan No. 071 for the proposed project incorporating those mitigation measures included in the Anaheim Resort Mitigation Monitoring Program No. 0085 that are applicable to the project. 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 health and safety of the Citizens of the City of Anaheim: 1. That this permit shall expire in two (2) years on November 14, 2007. 2. That this permit is contingent on the approval and execution of a lease agreement with the City of Anaheim including provisions for the improvement of the public right -of -way on Katella Avenue to its ultimate condition. 3. That any public phones shall be located inside the building. 4. 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 -2- PC2005- unreasonably illuminate adjacent properties. Light fixtures shall be decorative. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 5. 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. 6. That no roof - mounted balloons or other inflatable devices shall be permitted on the property. 7. That no outdoor vending machines shall be permitted on the property. 8. 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. 9. That there shall be no outdoor storage permitted on the premises. 10. That roof - mounted equipment shall be screened from view in accordance with the requirements of Anaheim Municipal Code Section 18.116.070.110.1108 pertaining to the Anaheim Resort Specific Plan (SP92 -2). Said information shall be specifically shown on plans submitted for building permits. 11. 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. 12. 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. 13. 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. 14. 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. 15. That if the proposed water meter is larger than a two -inch meter, 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. 16. 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. -3- PC2005- • 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. 17. 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. 18. That the City of Anaheim Sewer Impact Mitigation fee for the South Central Area shall be paid prior to approval of the grading plan. 19. 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 -, 25- 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. 20. That the developer shall submit street improvement plans to the Public Works Department, Subdivision Section and a bond shall be posted to guarantee that the east side of Zeyn Street is improved per the Anaheim Resort Specific Plan prior to issuance of a building permit. The improvements shall be constructed prior to final building and zoning inspections. 21. That the City of Anaheim Drainage Impact Mitigation Fee for the South Central Area shall be paid prior to approval of the grading plan. The fee is currently $24,953 an acre. Credit will be applied for the current development. The project architect or engineer must document the existing impervious area and the proposed impervious area. If the impervious area remains the same or decreases, no fee is due. If the impervious area increases, the fee will be proportional to the increase. 22. 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 screening, color of walls, materials, identifiers, access points, etc.). 23. That any required relocation of City electrical facilities shall be at the developers expense. 24. 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 walltfence location. 25. That the property owner /developer shall provide the City of Anaheim with a public utilities easement to be determined as electrical design is completed. 26. That plans shall be submitted to the Planning Services Division for 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. 27. 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- -4- PC2005- 28. 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. 29. That an Emergency Listing Card, Form ADP -281 shall be submitted in a completed form to the Anaheim Police Department. 30. That the crushed rock shown around the building within the 10 -foot landscaped setback along the north property line shall be replaced with landscaping as required by Code. Said information shall be specifically shown on plans submitted for building permits. 31. 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 7, and as conditioned herein. 32. 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. 4, 8, 10, 12, 14, 15, 20, 22, 24, 25, 26, 27, 28, and 30 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. 33. 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. 16, 18, 19 and 21 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. 34. That prior to final building and zoning inspections, Condition Nos. 17, 29 and 31, 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. 35. 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. 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- -5- PC2005- THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 14, 2005. 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. CHAIRMAN, ANAHEIM PLANNING COMMISSION r_\1Ix 15 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 November 14, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of , 2005. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -6- PC2005- ANAHEIM RESORT MITIGATION MONITORING PLAN NO. 071 Project : Trendwest Sales Trailer Location: 131 W. Katella Avenue Conditional Use Permit No.: 2005 -05038 This Mitigation Monitoring Plan includes those mitigation measures applicable to this project from the Master Mitigation Monitoring Program No. 0085 for the Anaheim Resort Specific Plan (EIR No. 313). Terms and Definitions: 1. Property Owner/Developer - Any owner or developer of real property within the Anaheim Resort Specific Plan Area. 2. Environmental Equivalent/Tinting - 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. 3. 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 fast 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 Plan will occur, as 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. 4. 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. Outside public agency review is limited to those public agencies specified in the Mitigation Monitoring Plan which have permit authority in conjunction with the mitigation measure. 5. Ongoing Mitigation Measures - The mitigation measures that are designated to occur on an ongoing basis as part of this Mitigation Monitoring Plan will be monitored in the form of an annual letter from the property owner /developer in January of each year demonstrating how compliance with the subject measure(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 "Ongoing During Construction ", the annual letter will review those measures only while construction is occurring; monitoring will be discontinued after construction is complete. A final annual letter will be provided at the close of construction. 6. Building Permit - For purposes of this Mitigation Monitoring Plan, 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. Anaheim Resort Mitigation Monitoring Plan No. 071 Project: CUP2005 -05038 Trendwest Sales Trailer Mitigation Timing Measure Responsible for Completion Measure Monitoring Number LAND USE - RELATED PLANS AND POLICIES 3.1 -1 Prior to Approval of Each Final site plans will be reviewed for future developments within the Planning Final Site Plan Anaheim Resort Specific Plan Area for consistency with the Specific Department, Plan. Planning Division TRANSPORTATION AND CIRCULATION 3.3 -2 Prior to Issuance of Each Appropriate Traffic Signal Assessment Fees and Traffic Impact and Planning Building Permit Improvement Fees shall be paid by the property owner /developer to the Department, Building City of Anaheim in amounts determined by the City Council Resolution Division (fee in effect at the time of issuance of the building permit with credit given payment); Public for City- authorized improvements provided by the property Works /Engineering owner /developer; and, participate in all applicable reimbursement or Department, Traffic benefit districts which have been established. and Transportation Division (credits /districts) 3.3 -7 Ongoing During Construction If the Anaheim Police Department or Anaheim Traffic Management Police Department Center (TMC) personnel are required to provide temporary traffic control (for Police services, the property owner /developer shall reimburse the City, on a Department fairshare basis, if applicable, for reasonable costs associated with such Personnel); Public services. Works /Engineering Department, Traffic and Transportation Division ( for Anaheim TMC personnel) AIR QUALITY 3.4 -2 Prior to Issuance of Each The property owner /developer shall submit evidence that low emission Planning Building Permit; and, paints and coatings are utilized in the design of buildings, in compliance Department, Building Ongoing During Construction with SCAQMD regulations. This information shall be denoted on the Division project plans and specifications. The property owner /developer shall also implement the following to limit emissions from architectural coatings and asphalt usage: all 1 plan 071 (print track changes fmal version (1 I pages to pc).doc Anaheim Resort Mitigation Monitoring Plan No. 071 Project: CUP2005 -05038 Trendwest Sales Trailer Mitigation Measure Number Timing Measure Responsible for Monitoring Completion a. Use nonsolvent -based coatings on buildings, wherever appropriate. b. Use solvent -based coatings, where they are necessary, in ways that minimize solvent emissions. c. Encourage use of high -solid or water -based coatings- 34-3 Ongoing During Construction The property owner /developer shall implement measures to reduce South Coast Air construction - related air quality impacts. These measures shall include, Quality Management but are not limited to: District; Planning Department, Building a. Normal wetting procedures (at least twice daily) or other dust Division (verification palliative measures shall be followed during earth - moving of notes on plans); operations to minimize fugitive dust emissions, in compliance with Public the City of Anaheim Municipal Code including application of Works /Engineering chemical soil stabilizers to exposed soils after grading is completed Department, and replacing ground cover in disturbed areas as quickly as Development practicable. Services Division (for b. Enclosing, covering, watering twice daily, or applying approved soil annual review) binders, according to manufacturer's specification, to exposed stock piles. c. Roadways adjacent to the project shall be swept and cleared of any spilled export materials at least twice a day to assist in minimizing fugitive dust; and, haul routes shall be cleared as needed if spills of materials exported from the project site occur. d. Where practicable, heavy duty construction equipment shall be kept onsite when not in operation to minimize exhaust emissions associated with vehicles repetitiously entering and exiting the project site. e. Trucks importing or exporting soil material and /or debris shall be covered prior to entering public streets. f. Taking preventive measures to ensure that trucks do not carry dirt on tires onto public streets, including treating onsite roads and staging areas. g. Preventing trucks from idling for longer than 2 minutes. h. Manually irrigate or activate irrigation systems necessary to water and maintain the vegetation as soon as planting is completed- aft 1 plan 071 (print track changes final version (11 pages to pc).doc Anaheim Resort Mitigation Monitoring Plan No. 071 Project: CUP2005 -05038 Trendwest Sales Trailer Mitigation Timing Measure Responsible for Completion Measure Monitoring Number i. Reduce traffic speeds on all unpaved road surfaces to 15 miles per hour or less. j. Suspend all grading operations when wind speeds (as instantaneous gust) exceed 25 miles per hour and during first and second stage smog alerts- 34-3 k. Comply with the SCAQMD Rule 402, which states that no dust cent. impacts offsite are sufficient to be called a nuisance, and SCAQMD Rule 403, which restricts visible emissions from construction. I. Use low emission mobile construction equipment (e.g., tractors, scrapers, dozers, etc.) where practicable. m. Utilize existing power sources (e.g., power poles) or clean -fuel generators rather than temporary power generators, where practicable. n. Maintain construction equipment engines by keeping them properly tuned. o. Use low sulfur fuel for equipment, to the extent practicable. NOISE 3.5 -1 Ongoing During Demolition, Noise generated by construction activity shall be limited by the property Planning Grading and Construction owner /developer to 60 dBA along the property boundaries, before Department, 7:00 a.m. and after 7:00 p.m., as governed by Chapter 6.7, Sound Code Enforcement Pressure Levels, of the Anaheim Municipal Code. Division; Building Division (verification of notes on plans) EARTH RESOURCES - GEOLOGY, SOILS, AND SEISMICITY 3.6 -1 Prior to Approval of Each The property owner /developer shall submit to the City Engineer for Public Grading Plan review and approval, a soils and geological report for the area to be Works /Engineering graded, based on proposed grading and prepared by an engineering Department, geologist and geotechnical engineer. All grading shall be in Development conformance with Title 17 of the Anaheim Municipal Code. Services Division 3.6 -6 Ongoing During Grading The property owner /developer shall implement standard practices for all Public Activities applicable codes and ordinances to prevent erosion. Works /Engineering Department, Development all 1 plan 071 (print track changes fmal version (11 pages to pc).doc Anaheim Resort Mitigation Monitoring Plan No. 071 Project: CUP2005 -05038 Trendwest Sales Trailer Mitigation Timing Measure Responsible for Completion Measure Monitoring Number Services Division GROUNDWATER AND SURFACE HYDROLOGY 3.7 -2 Prior to Approval of a Grading The property owner /developer shall submit for review and approval of the Public Plan City Engineer, a Water Quality Management Plan (WQMP) specifically Works /Engineering identifying Best Management Practices (BMPs) that will be used onsite Department, to control predictable pollutant run -off. This WQMP shall identify the Development structural and non - structural measures specified in Appendix 7 of the Services Division Countywide Drainage Area Management Plan detailing implementation of BMPs whenever they are applicable to the project (when the project has a below grade loading dock, for example); the assignment of long- term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, shall reference the location(s) of structural BMPs. 3.7 -3 Prior to Approval of Grading The property owner /developer shall obtain coverage under the NPDES Public Plan or Issuance of Statewide Industrial Stormwater Permit for General Construction Works /Engineering Demolition Permit; and, Activities from the State Water Resources Control Board. Evidence of Department, During Clearing attainment shall be submitted to the City Engineer. Development Services Division 3.7 -4 Ongoing During Project The property owner /developer shall provide for the following: cleaning of Public Operations all paved areas not maintained by the City of Anaheim on a monthly Works /Engineering basis, including, but not limited to, private streets and parking lots. The Department, Streets use of water to clean streets, paved areas, parking lots, and other areas and Sanitation and flushing the debris and sediment down the storm drains shall be Division) prohibited- 3.7-5 Prior to Each Final Building The property owner /developer shall submit a letter from a licensed Planning and Zoning Inspection landscape architect to the City certifying that the landscape installation Department, and irrigation systems have been installed as specified in the approved Planning Division landscaping and irrigation plans. aft 1 plan 071 (print track changes fmal version (11 pages to pc).doc Anaheim Resort Mitigation Monitoring Plan No. 071 Project: CUP2005 -05038 Trendwest Sales Trailer Mitigation Timing Measure Responsible for Completion Measure Monitoring Number PUBLIC SERVICES AND UTILITIES - FIRE 3.9.1 -3 Prior to Issuance of Each Plans shall indicate that all buildings, exclusive of parking structures, Fire Department Building Permit; to be shall have sprinklers installed by the property owner /developer in Implemented Prior to Final accordance with the Anaheim Municipal Code. Said sprinklers shall be Building and Zoning installed prior to each final building and zoning inspection. Inspection 3.9.1 -5 Prior to Issuance of First The property owner /developer shall enter into an agreement recorded Fire Department; City Building Permit against the property with the City of Anaheim to pay or cause to be paid Attorney's Office their fair share of the funding to accommodate the following, which will serve the Anaheim Resort Specific Plan area: • One additional fire truck company. • One additional paramedic company. • Modifications to existing fire stations to accommodate the additional fire units, additional manpower, equipment and facilities. • A vehicle equipped with specialty tools and equipment to enable the Fire Department to provide heavy search and rescue response capability. • A medical triage vehicle /trailer, equipped with sufficient trauma dressings, medical supplies, stretchers, etc., to handle 1,000 injured persons, and an appropriate storage facility. The determination of the allocable share of costs attributable to the property owner /developer shall be based on an apportionment of the costs of such equipment/facilities among property owners /developers in the Hotel Circle Specific Plan Area, the Disneyland Resort Specific Plan Area and the Anaheim Resort Specific Plan Area or the otherwise defined service area, as applicable, depending on the area served. (Note: To implement this mitigation measure, the City has adopted the Fire Protection Facilities and Paramedic Services Impact Fee Program- all 1 plan 071 (print track changes fmal version (1 I pages to pc).doc Anaheim Resort Mitigation Monitoring Plan No. 071 Project: CUP2005 -05038 Trendwest Sales Trailer Mitigation Timing Measure Responsible for Completion Measure Monitoring Number Compliance with this Program by the property owner /developer (per Ordinance No. 5496 and Resolution No. 95R -73 dated May 16, 1995) shall satisfy the requirements of this Mitigation Measure, or the City may enter into alternative financing arrangements- PUBLIC SERVICES AND UTILITIES - SEWER 3.9.7 -1 Prior to Approval of a Final The property owner /developer shall participate in the City's Master Plan Public Subdivision Map or Issuance of Sewers and related Infrastructure Improvements (Fee) Program to Works /Engineering of a Grading or Building assist in mitigating existing and future sewer system deficiencies as Department, Design Permit, Whichever Occurs follows: Division First The property owner /developer shall submit a report for review and approval by the City Engineer to assist with determining the following: a. If the development/redevelopment (1) does not discharge into a sewer system that is currently deficient or will become deficient because of that discharge and /or (2) does not increase flows or change points of discharge, then the property owner's /developer's responsibility shall be limited to participation in the Infrastructure Improvement (Fee) Program. b. If the development/redevelopment (1) discharges into a sewer system that is currently deficient or will become deficient because of that discharge, and /or (2) increases flows or changes points of discharge, then the property owner /developer shall be required to guarantee mitigation to the satisfaction of the City Engineer and City Attorney's Office of the impact prior to approval of a final subdivision map or issuance of a grading or building permit, whichever occurs first, pursuant to the improvements identified in the South Central Area Sewer Deficiency Study. The property owner /developer shall be required to install the sanitary sewer facilities, as recommended by the South Central Area Sewer Deficiency 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 Ll Improvement (Fee) Program, as determined by the City Engineer, which could include fees, credits, reimbursements, or a aft 1 plan 071 (print track changes fmal version (1 I pages to pc).doc Anaheim Resort Mitigation Monitoring Plan No. 071 Project: CUP2005 -05038 Trendwest Sales Trailer Mitigation Timing Measure Responsible for Completion Measure Monitoring Number combination thereof. As part of guaranteeing the mitigation of impacts for the sanitary sewer system, the property owners /developer shall submit a sanitary sewer system improvement phasing plan for the project to the City Engineer for review and approval which shall contain, at a minimum, (1) a layout of the complete system; (2) all facility sizes, including support calculations; (3) construction phasing; and, (4) construction estimates. The study shall determine the impact of the project 3.9.7 -1 sewer flows for total buildout of the project and identify local cent. deficiencies for each project component (i.e., each hotel). (Note: To implement this mitigation measure, the City has adopted the Sewer Impact and Improvement Fee Program for the South Central City Area. Compliance with this Fee Program by the property owner /developer (per Ordinance No. 5490 and Resolution No. 95R -60 dated April 18, 1995) shall satisfy the requirements of this mitigation measure). PUBLIC SERVICES AND UTILITIES - STORM DRAINS 3.9.8 -1 Prior to Approval of a Final The property owner /developer shall participate in the City's Master Plan Public Subdivision Map, or Issuance of Storm Drains and related Infrastructure Improvement (Fee) Program Works /Engineering of a Grading or Building to assist in mitigating existing and future storm drainage system Department, Design Permit, Whichever Occurs deficiencies as follows: Division First The property owner /developer shall submit a report for review and approval by the City Engineer to assist with determining the following: a. If the specific development/redevelopment does not increase or redirect current or historic storm water quantities /flows, then the property owner's/ developer's responsibility shall be limited to participation in the Infrastructure Improvement (Fee) Program to provide storm drainage facilities in 10- and 25 -year storm frequencies and to protect properties /structures for a 100 -year storm frequency. If the specific development/redevelopment increases or redirects the current or historic storm water quantity /flow, then the property owner /developer shall be required to guarantee mitigation to the satisfaction of the City Engineer and City Attorney's Office of the impact prior to approval of a final subdivision map or issuance of a grading or building permit, whichever occurs first, pursuant to the an 1 plan 0 71 (print track changes fmal version (11 pages to pc).doc Anaheim Resort Mitigation Monitoring Plan No. 071 Project: CUP2005 -05038 Trendwest Sales Trailer Mitigation Timing Measure Responsible for Completion Measure Monitoring Number improvements identified in the Master Plan of Drainage for the South Central Area. The property owner /developer shall be required to install the storm drainage facilities as recommended by the Master Plan of Drainage for the South Central Area to provide storm drainage facilities for 10- and 25 -year storm frequencies and to protect properties /structures for a 100 -year storm frequency 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 as determined by the City Engineer which could include fees, credits, reimbursements, or a combination thereof. As part of guaranteeing the mitigation of impacts on the storm drainage system, a storm drainage system improvement phasing plan for the project shall be submitted by the property owner /developer to the City Engineer for review and approval and shall contain, at a minimum, (1) a layout of the complete system; (2) all facility sizes, including support calculations; (3) construction phasing; and, (4) construction estimates. (Note: The City has adopted the Storm Drain Impact and Improvement Fee Program for the South Central City Area. Compliance with this Fee Program by the property owner /developer (per Ordinance No. 5491 and Resolution No. 95R -61 dated April 18, 1995) shall satisfy the requirements of this mitigation measure). PUBLIC SERVICES AND UTILITIES - ELECTRICAL 3.9.9 -3 Prior to Issuance of Each The property owner /developer shall install an underground electrical Public Utilities Building Permit for Any service from the Public Utilities Distribution System. The Underground Department, Electric Building Requiring a Change Service will be installed in accordance with the Electric Rules, Rates, Services in Electrical Service Regulations and Electrical Specifications for Underground Systems. Administration Electrical Service Fees and other applicable fees will be assessed in accordance with the Electric Rules, Rates, Regulations and Electrical Specifications for Underground Systems. aft 1 plan 071 (print track changes final version (11 pages to pc).doc Anaheim Resort Mitigation Monitoring Plan No. 071 Project: CUP2005 -05038 Trendwest Sales Trailer 10 Mitigation Timing Measure Responsible for Completion Measure Monitoring Number HAZARDOUS MATERIALS 3.10 -7 Ongoing During Project In the event that hazardous waste, including asbestos, is discovered Orange County Demolition and Construction during site preparation or construction, the property owner /developer Health Department shall ensure that the identified hazardous waste and /or hazardous (hazardous waste material are handled and disposed of in the manner specified by the and material State of California Hazardous Substances Control Law (Health and disposal); Fire Safety Code, Division 20, Chapter 6.5), and according to the Department, requirements of the California Administrative Code, Title 30, Chapter 22. Environmental Protection Section (hazardous materials /wastes from UST's and annual review); Air Quality Management District (asbestos disposal permit) CULTURAL RESOURCES 3.12 -1 Prior to Approval of Each The property owner /developer shall submit a letter identifying the Public Grading Plan certified archaeologist that has been hired to ensure that the following Works /Engineering actions are implemented: Department, a. The archaeologist must be present at the pregrading conference in Development order to establish procedures for temporarily halting or redirecting Services Division work to permit the sampling, identification, and evaluation of artifacts if potentially significant artifacts are uncovered. If artifacts are uncovered and determined to be significant, the archaeological observer shall determine appropriate actions in cooperation with the property owner /developer for exploration and /or salvage. b. Specimens that are collected prior to or during the grading process will be donated to an appropriate educational or research institution. b. Any archaeological work at the site shall be conducted under the direction of the certified archaeologist. If any artifacts are discovered during grading operations when the archaeological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. d. A final report detailing the findings and disposition of the specimens aft 1 plan 071 (print track changes fmal version (11 pages to pc).doc Anaheim Resort Mitigation Monitoring Plan No. 071 Project: CUP2005 -05038 Trendwest Sales Trailer 11 Mitigation Measure Number Timing Measure Responsible for Monitoring Completion shall be submitted to the City Engineer. Upon completion of the grading, the archaeologist shall notify the City as to when the final report will be submitted- 312-2 Prior to Approval of Each The property owner /developer shall submit a letter identifying the Public Grading Plan certified paleontologist that has been hired to ensure that the following Works /Engineering actions are implemented: Department, a. The paleontologist must be present at the pregrading conference Development in order to establish procedures to temporarily halt or redirect work Services Division to permit the sampling, identification, and evaluation of fossils if potentially significant paleontological resources are uncovered. If artifacts are uncovered and found to be significant, the paleontological observer shall determine appropriate actions in cooperation with the property owner /developer for exploration and /or salvage. b. Specimens that are collected prior to or during the grading process will be donated to an appropriate educational or research institution. c. Any paleontological work at the site shall be conducted under the direction of the certified paleontologist. If any fossils are discovered during grading operations when the paleontological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. d. A final report detailing the findings and disposition of the specimens shall be submitted. Upon completion of the grading, the paleontologist shall notify the City as to when the final report will Ll be submitted. I aft 1 plan 071 (print track changes final version (11 pages to pc).doc Attachment - Item No. 5 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCEICODE WAIVER (NOT REQUIRED FOR WAIVER) REQUEST FOR WAIVER OF CODE SECTION: 1 18:116.100.030 (A separate statement is required for each Cade waiver) PERTAINING TO: _Location of the parking area on site Sections 18.03.040.030 and 19. 12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: 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 determine 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. 1. 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. 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? _Y Yes 1W No 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 V No If your answer if "yes," describe the special circumstances: 4. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? A Yes — No EXPLAIN: _ By locating the building between Katella and the parking as per The Anaheim Resort Specific Plan requires, Because this is a modular building and the HVAC units are located in the back wall facing Katella would not be desired elevation . 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 of oxpressI authorized by zone regulations goveming subject property. Use variances are not permitted. Signature of r p ry Owner or Authorized Agent Date 376251DECEF6RF.R 12 7.0m CONDITIONAL USE PERMIT NARIANCE NO. '7,ra�— 0' 3�' PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCEICODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: 18.116,1 10.090 PERTAiNiNG TO: (A separate statement Required landscaping between parking stales -- Sections 1.8.03.040.030 and 18.12,060 of the Anaheim Municipal Code require that before any variance or Code waiver maybe granted by The Zoning Administrator or Planning Commission, the following shall be shown: I. 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 determine 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 questioos 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. L Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings ?yes No. If your answer is "yes," describe the special circumstances: 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? k yes * No If your answer is "yes," describe how the property is different: 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 your answer if "yes," describe the special circumstances: 4. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? X Yes No EXPLAIN: _ Because orthe nature of this project being a temporary use for 24 month we request that this requiremen to be waved. The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which wo d have the effect of granting a special privilege not shared by other property in the same vicinity and zone 4ic t herwi e e prassly authorized by zone regulations governing subject property. Use variances are not permitted. - re o .r arty Owner or Authorized Agettt Date nsxswresMaB 17., aot>e CONDITIONAL USE PERMITI VARIANCE NO. required for each Code waiver) ITEM NO. 1 -A RCL 99 -00 -15 (Res. of Int. to SE RCL 55 -56 -21 VACANT 585 GUY 3ti "IG RCL 99 -00 -15 '.es. of Int. to S RCL 56 -57 -93 CUP 585 VAR 2441 RCL5 5793 CUP 585 9 2 2J�9 ^C6 L �O 2� 4 - 92 0 tiF c -c sTFp i n ;CL 72 -73 -54 -9 CUP 1361 VAR 2726 ,CIFIC COAST GRAYLINE (Res. of Int. to SE) CUP 679 I RCL 99 -00 -15 (Res. of Int. to SE) CUP 2005 -05039 T -CUP 2001 -04436 CUP 3148 CUP 1591 (RCL 70- 71 -34) RCL 99 -00-15 (Res of Int. to SE) CUP 1670 I RCL 99-00 -15 (Res. of Int. to SE) RCL 56 -57 -93 E2037 2 94 RCL 85 (Res. a IND. FIRMS 245' —►I 1 � GENE AUTRY WAY VACANT F I I I CUP 2 � � 1 9 z ti p X99 \�O� CUP 2002 -0457: cP Conditional Use Permit No. 2005 -05039 Subject Property Date: November 14, 2005 Scale: 1"=200' Requested By: F & L PARTNERS Q.S. No. 108 REQUEST TO PERMIT AN OUTDOOR STORAGE YARD WITH ACCESSORY EQUIPMENT AND VEHICLE MAINTENANCE WITH WAIVER OF REQUIRED SCREENING OF OUTDOOR STORAGE. 917 East Gene Autry Way 2046 (Res. of Int. to SE) LU I LLI K IND. FIRMS F- D LU RCL 99 -00 -05 (Res. of Int. to SE) T -CUP 2001 -04436 CUP 3583 CUP 3148 CUP 1591 TRANSPORT INT'L POOL I RCL 99 -00 -15 (Res. of Int. to SE) CUP 2005 -05039 T -CUP 2001 -04436 CUP 3148 CUP 1591 (RCL 70- 71 -34) RCL 99 -00-15 (Res of Int. to SE) CUP 1670 I RCL 99-00 -15 (Res. of Int. to SE) RCL 56 -57 -93 E2037 2 94 RCL 85 (Res. a IND. FIRMS 245' —►I 1 � GENE AUTRY WAY VACANT F I I I CUP 2 � � 1 9 z ti p X99 \�O� CUP 2002 -0457: cP Conditional Use Permit No. 2005 -05039 Subject Property Date: November 14, 2005 Scale: 1"=200' Requested By: F & L PARTNERS Q.S. No. 108 REQUEST TO PERMIT AN OUTDOOR STORAGE YARD WITH ACCESSORY EQUIPMENT AND VEHICLE MAINTENANCE WITH WAIVER OF REQUIRED SCREENING OF OUTDOOR STORAGE. 917 East Gene Autry Way 2046 ti r • a J Date of Aerial Photo: May 2002 Conditional Use Permit No. 2005 -05039 Subject Property Date: November 14, 2005 Scale: 1" = 200' Requested By: F & L PARTNERS Q.S. No. 108 REQUEST TO PERMIT AN OUTDOOR STORAGE YARD WITH ACCESSORY EQUIPMENT AND VEHICLE MAINTENANCE WITH WAIVER OF REQUIRED SCREENING OF OUTDOOR STORAGE. 917 East Gene Autry Way zoas Staff Report to the Planning Commission November 14, 2005 Item No. 6 6a. CEQA CATEGORICAL EXEMPTION -CLASS 1 (Motion) 6b. CONDITIONAL USE PERMIT NO. 2005 -05039 (Resolution) SITE LOCATION AND DESCRIPTION: (1) This irregularly- shaped, 2.3 -acre property is located at the southeasterly corner of Lewis Street and Anaheim Way with frontages of 245 feet on the north side of Gene Autry Way, 340 feet on the east side of Anaheim Way and 105 feet on the south side of Lewis Street (917 East Gene Autry Way). REQUEST: (2) The petitioner requests approval of a conditional use permit under authority of Code Section No. 18.10.030.040.0402 to permit an outdoor storage yard with accessory equipment and vehicle maintenance with waiver of the following: SECTION NO. 18.38200.010 BACKGROUND: Required screening of outdoor storage (DELETED) (3) This property is currently developed with vacant industrial buildings and an accessory metal canopy and is zoned I (Industrial). This property is also located within the Platinum Triangle and the Anaheim General Plan designates this property for Office High land uses. The surrounding General Plan land use designations for properties in all directions are also for Office High land uses. The Circulation Element indicates the future realignment of Lewis Street would be located over a portion of this property. (4) There are no previously approved zoning actions that are currently active for this property. DEVELOPMENT PROPOSAL: (5) The proposed project is to permit an outdoor storage yard with accessory equipment and vehicle maintenance. The site is currently developed with a metal building that would be demolished and a metal canopy that would be refurbished for storage and warehouse purposes. The rear of the property would be utilized to store nursery stock and outdoor storage of landscaping materials, equipment and service vehicles. SR- CUP2005- 05039akv Existing metal building (to be demolished) Page 1 Staff Report to the Planning Commission November 14, 2005 Item No. 6 Existing metal canopy /building (to be refurbished) (6) The site plan (Exhibit No. 1) includes the following: • 96,000 square feet of paved and fenced outdoor storage with nursery area • 5,400 square foot modular office building • 4,500 square feet of warehouse space • Vehicle and equipment storage • Gravel, sand and mulch storage cubicles (7) The site plan indicates the following building setbacks: * The 9 -foot setback to the existing storage building is legal, non - conforming. Therefore, no waiver is required. (8) The floor plan (Exhibit No. 2) for the modular office building includes twelve (12) administrative offices, restrooms, and storage room. (9) The submitted elevation plans (Exhibit No. 3) indicate a standard modular office building to be constructed on a floating foundation. Page 2 Proposed Code - Required Direction Structural/Landscaped Setbacks Structural/Landscaped Setbacks North adjacent to trailer parking 3 feet/ 0 feet None/ None East adjacent to industrial property 167 feet/ 0 feet None/ None South adjacent to remnant parcel 70 feet/ 0 feet None/ None West adjacent to Anaheim way *9 -100 feet/ *9 -58 feet 50 feet/ 20 feet * The 9 -foot setback to the existing storage building is legal, non - conforming. Therefore, no waiver is required. (8) The floor plan (Exhibit No. 2) for the modular office building includes twelve (12) administrative offices, restrooms, and storage room. (9) The submitted elevation plans (Exhibit No. 3) indicate a standard modular office building to be constructed on a floating foundation. Page 2 Staff Report to the Planning Commission November 14, 2005 Item No. 6 (10) Vehicular access is provided by two (2) driveways from Anaheim Way and an access road that branches off of Lewis Street. A total of 99 on -site parking spaces are proposed on the property; Code requires 64 spaces based on the following: (11) The site plan also indicates landscaping would be installed within the required setback along Anaheim Way. The plan shows the installation of ten, 24 -inch box Crape Myrtle trees, 27 Mexican Fan Palms, shrubs, hedges and turf. Parking lot landscaping and street trees are also proposed in compliance with Code. (12) The submitted letter of operation indicates that Marina Landscape, Inc. is a landscape and engineering contractor based in Anaheim and has been in business for over 30 years. Since 1998, this business has been located at 1100 East Katella Avenue, which is within the Platinum Triangle. The business has been forced to relocate due to an approved mixed use development. The proposed business would have 20 employees working on -site and the hours of operation would be 5 a.m. to 9 p.m., daily. The proposed outdoor storage yard would be an interim use on this property until the long -term plan for the proposed Lewis Street realignment is finalized. ENVIRONMENTAL IMPACT ANALYSIS: (13) The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation- EVALUATION (14) An outdoor storage yard with the accessory maintenance of vehicles is permitted in the I zone subject to the approval of a conditional use permit. (15) The requested waiver pertaining to required screening of outdoor storage has been deleted since the applicant would be screening all outdoor storage materials with chain link fencing interwoven with PVC slats. (16) Section 18.38200 pertaining to outdoor storage includes the following stipulations: 010 Screening. The storage area shall be surrounded on all sides by a substantial solid and opaque fence or wall at least six (6) feet in height as set forth in Section 18.46 110 (Screening, Fences, Walls and Hedges), unless otherwise specified in the underlying zone or unless a higher fence is required or approved by the City. All stored equipment or material shall be located below the fence height. The wall or fence shall be kept in a clean, neat and painted condition, free of graffiti. Page 3 Code - Required Use Square Footage Parking per 1,000 s.f. Parking Spaces of gross floor area Required Warehouse/ Industrial 4,241 1.55 6.6 Office (10% of GFA ) 1 1.55 1.8 Office (over 10% of GFA ) 4,256 4 17 Outdoor Storage Area 96,000 0.4 38.4 TOTAL 64 (11) The site plan also indicates landscaping would be installed within the required setback along Anaheim Way. The plan shows the installation of ten, 24 -inch box Crape Myrtle trees, 27 Mexican Fan Palms, shrubs, hedges and turf. Parking lot landscaping and street trees are also proposed in compliance with Code. (12) The submitted letter of operation indicates that Marina Landscape, Inc. is a landscape and engineering contractor based in Anaheim and has been in business for over 30 years. Since 1998, this business has been located at 1100 East Katella Avenue, which is within the Platinum Triangle. The business has been forced to relocate due to an approved mixed use development. The proposed business would have 20 employees working on -site and the hours of operation would be 5 a.m. to 9 p.m., daily. The proposed outdoor storage yard would be an interim use on this property until the long -term plan for the proposed Lewis Street realignment is finalized. ENVIRONMENTAL IMPACT ANALYSIS: (13) The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation- EVALUATION (14) An outdoor storage yard with the accessory maintenance of vehicles is permitted in the I zone subject to the approval of a conditional use permit. (15) The requested waiver pertaining to required screening of outdoor storage has been deleted since the applicant would be screening all outdoor storage materials with chain link fencing interwoven with PVC slats. (16) Section 18.38200 pertaining to outdoor storage includes the following stipulations: 010 Screening. The storage area shall be surrounded on all sides by a substantial solid and opaque fence or wall at least six (6) feet in height as set forth in Section 18.46 110 (Screening, Fences, Walls and Hedges), unless otherwise specified in the underlying zone or unless a higher fence is required or approved by the City. All stored equipment or material shall be located below the fence height. The wall or fence shall be kept in a clean, neat and painted condition, free of graffiti. Page 3 Staff Report to the Planning Commission November 14, 2005 Item No. 6 The design and the materials used for the fence or wall shall comply with the provision of Section 18.40.150 (Structural Setbacks and Yards) of Chapter 18.40 (General Development Standards) unless provided otherwise in this section. The proposed outdoor storage would be screened on all sides by a 6 -foot high chain link fence. The chain link fences would become opaque with the installation of PVC slats. Staff has included conditions in the attached resolution pertaining to the installation and maintenance of this fencing. 020 Location. Outdoor storage shall not be located in any required setback area. It shall be confined to the rear of the main structure(s) or the rear two- thirds of the site, whichever is the more restrictive except as may be permitted under conditional use permit for Outdoor Storage Yards. When it is located adjacent to residential zones, it shall be at least fifteen (15) feet from the property line. The proposed outdoor storage would be located at the rear two - thirds of the property out of any required setback areas. There are no residential zones abutting this site. 030 Gates. All gates for access to the property shall swing inwardly or slide sideways. The gates shall be kept closed when not in use except that the gate may be kept open during business hours if the interior or contents of the storage yard cannot be seen from non - industrial areas or public streets. The gates shall be subject to approval by the City Traffic and Transportation Manager. Access to the outdoor storage portion of the property would be through gates that slide sideways. 040 Surface Conditions. The storage area shall be property graded and a layer of gravel at least one -inch thick or a layer of concrete or approved asphalt material or similar substance shall be placed over the entire surface or as approved by City staff. Additional limitations may be imposed if vehicles such as trucks or forklifts are regularly used in this area. The surface of the storage area would be paved with asphalt. 050 Maintenance. The storage area shall be kept free and clear of weeds and debris of all kinds, both inside and outside the fence or wall. Any graffiti shall be removed within forty -eight hours of occurrence. Staff has included the standard maintenance conditions pertaining to outdoor storage in the attached resolution. 060 Height of Storage. All outdoor storage shall be below the height of the enclosing fence or wall. The proposed materials that would be stored on this property would not exceed the height of the chain link fence. 070 Vehicles. All vehicles shall be parked or stored in an orderly manner. The petitioner has indicated that all service vehicles would be parked in an orderly manner. 080 Liquids. All gasoline, oil or other liquids shall be drained and removed from any unregistered vehicle located in the storage area. All service vehicles that would be stored at this location would be registered. 090 Salvage Yard. No storage shall take place in such a fashion that it constitutes a junkyard or salvage yard unless a junkyard or salvage yard has been approved as a use on the parcel. Page 4 Staff Report to the Planning Commission November 14, 2005 Item No. 6 This request for outdoor storage is exclusively for the interim storage of landscaping materials and service vehicles. No junkyard or salvage operations would be conducted on the property. 100 Vacant Parcels. No storage shall occur on any vacant parcel except as may be permitted by conditional use permit for outdoor storage yards. This parcel has a building that is currently vacant and the outdoor storage yard is permitted in the I zone subject to the approval of a conditional use permit. (17) The Circulation Element of the General Plan indicates that the future realignment of Lewis Street would convert more than 50 percent of this property into public right of way. The realignment is not in the City's 5 -Year Capital Improvement Plan and funding for this project has not been obtained. Therefore, staff believes that temporary outdoor storage is an appropriate interim land use for this property. (18) Staff is also supportive of this request on an interim basis based on the proposals compliance with Code Section 18.38200. Most importantly, all materials would be stored below the height of the proposed fencing, the storage would not be within any required setback areas, and the vehicles would be parked or stored in an orderly fashion and would consist exclusively of service vehicles. The installation of landscaping along Anaheim Way would significantly enhance the property's street frontage. Staff recommends that this conditional use permit be granted for a period of three (3) years, to expire on November 14, 2008. FINDINGS: (19) 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 proposed 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 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 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 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. RECOMMENDATION: (20) 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 project is categorically exempt under Section 15301, Class 1 (Existing Facilities) of the CEQA Guidelines. Page 5 Staff Report to the Planning Commission November 14, 2005 Item No. 6 (b) By resolution, approve the applicants request to permit an outdoor storage yard with accessory equipment and vehicle maintenance for a period of three (3) years to expire November 14, 2008, by adopting the attached resolution including the findings and conditions of approval contained therein. Page 6 [DRAFT] RESOLUTION NO. PC2005 - - "' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005 -05039 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: Legal Description to be inserted. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 14, 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, 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 18.10.030.040.0402. 2. That the proposed use as conditioned herein 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 proposed use is adequate to allow full development of the use in a manner not detrimental to the particular area nor to the health and safety. 4. 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 because the site contains ample area for construction vehicles to circulate and unload materials entirely on the property. 5. That granting this conditional use permit will not, under the conditions imposed, be detrimental to the health and safety of the citizens of the City of Anaheim. 6. That * 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 The Planning Commission has concurred with staff that the proposed project is Categorically Exempt under Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby 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 health and safety of the Citizens of the City of Anaheim: 1. That the outdoor storage yard with accessory equipment and vehicle maintenance is approved for a period of three (3) years to expire on November 14, 2008. Cr\PC2005 -0 -1- PC2005- 2. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash and debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 3. That the proposed chain link fencing shall be interwoven with PVC slats. The fencing shall be of sufficient height to fully screen the materials stored outdoors from view of the public right -of -way. Said fencing shall be permanently maintained in an orderly fashion and if damaged, shall be repaired within a period of 24 hours. Said information shall be specifically shown on plans submitted to the Planning Services Division for review and approval. 4. That no barbed wire or razor wire shall be visible in any direction to any non - industrially zoned property or any public right-of-way- 5- That the outdoor storage shall not exceed the height of the perimeter fencing and shall not be visible to any adjacent public right-of-way- 6- That plans shall be submitted to the Planning Services Division for review and approval showing conformance with the current versions of Engineering Standard Plan Nos. 436 and 470 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said approved plans. 7. That gates shall not be installed across the driveway in a manner, which may adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan No. 475 and shall be subject to the review and approval by the City Traffic and Transportation Manager. 8. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use. 9. That any loading and unloading of materials shall occur on -site only, and shall not take place in any required parking area or within the public right-of-way- 10 That adequate lighting of the parking and storage area, driveways, circulation areas, and grounds contiguous to buildings shall be provided with 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 onsite. That the minimum lighting level in all parking and storage areas shall be one -foot candle, with a maximum to minimum ratio no greater than 15:1. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 11. That a Burglar /Robbery Alarm permit application, Form APD 515 and a Fire Emergency Listing Card; Form APD -281, shall be obtained from the Police Department and submitted in a complete form. 12. That vehicle repair shall be limited to the service the construction vehicles related to this business and shall be conducted within a building. No other vehicle sales, rental, washing, detailing and /or salvage shall be permitted. 13. That this storage facility shall be maintained in compliance with Code Section 18.38200 pertaining to outdoor storage. 14. That prior to the operation of any business on the subject property, a valid business license shall be obtained from the City of Anaheim, Business License Division of the Planning Department. 15. 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- -2- PC2005- 16. 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 areas shall be designed, located and screened so as not to be readily identifiable to 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 (1) gallon sized clinging vines planted on maximum three (3) foot centers, or tall shrubbery. Said information shall be specifically shown on plans submitted for Public Works Department, Streets and Sanitation Division approval. 17. 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. 18. That final sign plans 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. 19. That prior to approval of a grading plan, 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 the 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. 20. That prior to final building and zoning inspections, 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 Project WQMP are available onsite. Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 21. That an on -site trash truck turnaround area shall be provided per Engineering Standard Detail No. 476 and shown on plans as required by the Department of Public Works, Sanitation Division. Said information shall be specifically shown on plans submitted for building permits. 22. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approval. 23. 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 screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments- -3- PC2005- 24. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities Department. 25. That all existing water services and fire lines shall conform to current Water Services Standards Specifications. Any water service and /or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner /developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 26. That since this project has landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed and comply with City Ordinance No. 5349 and Chapter 10.19 of Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. 27. 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, 2 and 3, and as conditioned herein. 28. That prior to approval of a grading plan, Condition No. 19, above - mentioned, shall be complied with. 29. That prior to the issuance of building permits, or within one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 3, 6, 7, 10, 11, 16, 17, 18, 21, 22, 23 and 26, above - mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.40.040.040 and 18.42.040.010 of the Anaheim Municipal Code. 30. That prior to final building and zoning inspections, Condition Nos. 11, 14, 20, 25 and 27, above - mentioned, shall be complied with- 31 - 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. 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 November 14, 2005. 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. ATTEST: CHAIRMAN, ANAHEIM PLANNING COMMISSION SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2005- 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 November 14, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of , 2005. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -5- PC2005- I IM In Mewl LETTER OF OPERATION APPLICATION FOR CONDITIONAL USE PERMIT MARINA LANDSCAPE, INC. 917 E. GENE AUTRY WAY ANAHEIM, CA. 92805 Marina Landscape, Inc. ( "Marina ") is a landscape and engineering contractor based in Anaheim. The company has been in business for over 30 years. Marina provides landscape services to public agencies and developers in Southern California. The majority of Marina's services are performed at customers' locations throughout Southern California. Since 1998, Marina has been located at 1100 E. Katella Avenue, Anaheim, CA 92805. Marina's Anaheim property was recently sold to a developer in the Plantinum Triangle, and consequently, Marina must vacate its existing facilities by December 31, 2005. Marina's current facility needs include office space, vehicle and equipment maintenance facilities, and contractor's storage yard -- similar to the use it has maintained at its existing facilities on Katella Avenue. Marina's proposed use of the subject property at 917 East Gene Autry Way, Anaheim, California, includes the following: a. 96,000 of paved and fenced storage yard; b. 7,200 square feet of modular office space; c. 4,500 square feet of warehouse space; d. Vehicle and equipment maintenance area; e. 47 designated parking spaces; f. 20 employees to be working at site on any average day in one shift; g. Hours of operation from Sam to 9pm. In addition to the subject location, Marina is leasing approximately 7,900 square feet of office space at 1590 South Lewis Street in Anaheim. Marina plans to move its existing operations from the Katella location at December 31, 2005, and house its general office and administrative personnel at 1590 South Lewis Street, and its construction and maintenance personnel at 917 East Gene Autry Way. CUP N0. 2005-05339