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PC 2003/11/17Cll"Y OF ANAHEIM PLANNING COMMISSION AGEN®A NOVEMBER 17, 2003 Council Chambers, City Hall 200 South Anaheim Boulevard, Anaheim, California ROMERO, CALL TO ORDER PLANNING COMMISSION MORNING SESSION 19:OO.A.M. • PRESENTATION'BY THE COMMUNITY DEVELOPMENT DEPAR'fh DOWNTOWN PLANNING AND DEVELOPMENT STRATEGY • REVIEW OF CONFLICTS OF INTERST BY THE CITY ATTORNEY'S • STAFF UPDATE TOEOMMISSION.ON VARIOUS_CITY DEVELOPMENTS'ANDISSUES.(AS REQUESTED BY PLANNING COMMISSION) ON THE • PRELIMINARY.PLAN REVIEW FOR ITEMS ON THE NOVEMBER 17;'2003 AGENDA RECESS TO AFTERNOON PUBLIC HEARING SESSION' RECONVENE TO PUBLIC HEARING 1:30 P.flA For record keeping purposes, ifyou wish°to make a statement" egarding any item,on the agenda, please complete a speaker card and submit it to the secretary: i PLEDGE OF ALLEGIANCE' PUBLIC COMMENTS ` CONSENT CALENDAR - PUBLIC HEARING ITEMS ADJOURNMENT JOGS\CLERICALVIGENDAS/111703:DOC tannin commission anaheim:net 11-17-03 Page 1 RECONVENE TO PUBLIC HEARING AT 1:30 P.M. PUBLIC COMMENTS: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. CONSENT CALENDAR: Item 1-A through 1-E 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. PLANNING COMMISSION APPOINTMENTS: REQUEST FOR CONSIDERATION OF POTENTIAL APPOINTMENT OF PLANNING COMMISSION REPRESENTATIVES AND ALTERNATES FOR THE FOLLOWING e ANAHEIM TRANSPORTATION NETWORK BOARD OF DIRECTORS (Current Representative: Commissioner Bostwick) • PARKS AND RECREATION COMMISSION (Current Representative: Chairperson Vanderbilt) • COMMUNITY DEVELOPMENT ADVISORY BOARD (CDAB) FOR THE BLOCK GRANT PROGRAM (Current Representative: Commissioner Eastman) (Current Alternate: Vacant) • UTILITIES UNDERGROUND CONVERSION SUBCOMMITTEE (Current Representative: Commissioner Bostwick) (Current Alternate: Commissioner Romero) o GENERAL PLAN ADVISORY COMMITTEE (GPAC) (Current Representative: Commissioner Bostwick) (Current Alternate: Commissioner Romero) • HISTORIC PRESERVATION AD HOC COMMITTEE (Current Representative: Commissioner Eastman) (Current Alternate: Commissioner Flores) 11-17-03 Page 2 1. REPORTS AND RECOMMENDATIONS A. (a) CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) (b) CONDITIONAL USE PERMIT NO. 3545 (TRACKING NO. CUP2003-04785) Pamela Marcum, Anaheim Indoor Marketplace, 1440 South Anaheim Boulevard, Anaheim, CA 92805, requests determination of substantial conformance with apreviously-approved auto accessory installation and detailing facility to permit a smog check facility within an existing indoor marketplace. Property is located at 1440 South Anaheim Boulevard (Anaheim Indoor Marketplace). B. (a) CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) (b) CONDITIONAL USE PERMIT NO. 2002-04573 (TRACKING NO. CUP2003-04783) CB Nanda, Coorg Corporation, P.O. Box 1266, Anaheim, CA 92815, requests a retroactive time extension and review of final elevation, floor, landscape, and sign plans for a previously approved indoor self- storage and an outdoor storage yard. Property is located at 711 East La Palma Avenue. C. (a) Anaheim Redevelopment Agency, Attn: Elisa Stipkovich, 201 South Anaheim Boulevard, Anaheim, CA 92805, requests final site, floor, elevation, roof equipment, parking and pedestrian and vehicle circulation plan review far a planned mixed use development within the Downtown Mixed Use Overlay Zone. Property is located at the northwest corner of Lemon Street and Broadway (Parcel B). D. (a) GENERAL PLAN CONFORMITY N0.2003-00031 - Patricia McCaughey, Orange County Department of Education, 200 Kalmus Drive, Costa Mesa, CA 92628, requests determination of conformance with the Anaheim General Plan for the proposed lease of commercial space for the operation of the Orange County Department of Education Alternative, Community and Correctional Education Schools and Services (ACCESS) Program. Property is located at 1895 West Katella Avenue. E. Receiving and approving the Minutes from the Planning Commission Meetings of November 3, 2003. (Motion) Project Planner: -. (avazguez(cU)anahetm.net) sr6670av.doc O. S. 96 Project Planner: (avazguez(c~anaheim.net) sr8669av.doc O. S. 81 Project Planner: (d seeCo)ana hei m. n et) sr2141ds.doc O. S. 72, 73 8 83 Project Planner: (twhite o(~.anaheim.net) srt149lw.doc O. S. 50 11-17-03 Page 3 PUBLIC HEARING ITEMS: 2a. CEQA CATEGORICAL EXEMPTION -CLASS 1 2b. WAIVER OF CODE REQUIREMENT 2c. CONDITIONAL USE PERMIT NO. 2003-04693 OWNER: Hunter's Pointe HOA, 2 Corporate Park, Suite 200, Irvine, CA 92606 AGENT: Maree Hoeger, Global Telecom Resources, 23332 Mill Creek Drive, Laguna Hills, CA 92653 LOCATION: 6920 East Canvon Rim Road. Property is approximately 3.1 acres, having a frontage of 545 feet on the south side of Canyon Rim Road, located 180 feet west of the centerline of Fairmont Boulevard (AT&T W fireless). To permit a telecommunications antenna and microwave dish on an existing electrical transmission tower and accessory ground-mounted equipment with waiver of minimum front yard setback' *The waiver has been deleted. Project Planner: Continued from the September 22, October 6 and October 20, 2003, (ioramirez(c~anaheim.net) Planning Commission Meetings. CONDITIONAL USE PERMIT RESOLUTION NO. sr6643vna.doc Q.S. 204 3a. CEQA CATEGORICAL EXEMPTION -CLASS 3 (READVERTISED) Request for 3b. VARIANCE N0.2003-04574 Withdrawal OWNER: Neelam Shewa, 5333 University Drive, Irvine, CA 92616 AGENT: Blash Momeny, 23120 Alicia Parkway, #100, Mission Viejo, CA 92692 LOCATION: 301 and 345 Pennv Lane. Parcel 1: Property is approximately 0.53-acre, having a frontage of 90 feet on the southerly side of Penny Lane, located 70 feet southeast of the centerline of Mohler Drive. Parcel 2: Property is approximately 0.78-acre, having a frontage of 220 feet on the southerly side of Penny Lane, located 160 feet southeast of the centerline of Mohler Drive. Request waivers of: (a) required improvement of right-of-way, (b) maximum structural height, (c) minimum front yard setback, and (d) minimum side yard setback, to construct two single-family homes. ' Project Planner: (i o ramirez(o~ an ah ei m. net) Continued from the September 8, October 6, October 20 and November 3, 2003 Planning Commission Meetings. sr5064jr.doc VARIANCE RESOLUTION NO. Q.S. 202 11-17-03 Page 4 4a. CEQA MITIGATED NEGATIVE DECLARATION 4b. WAIVER OF CODE RE(1UIREMENT 4c. CONDITIONAL USE PERMIT NO. 2003-04739 OWNER: County of Orange, Public Facilities and Resources, Vicki Wilson, Director, P.O. Box 4048, Santa Ana, GA 92702 AGENTS: Phil Schwartze, PRS Group, 31682 EI Camino Real, San Juan Capistrano, CA 92675 Tiger Woods Foundation, Greg McLaughlin, CEO, 4281 Katella Avenue #111, Los Alamitos, CA 90720 LOCATION: 520 North Gilbert Street ZI< 2045 West Crescent Avenue. Parcel 1: Property is approximately 83.28 acres, located at the southeast corner of Gilbert Street and Crescent Avenue (Gilbert Settling Basin). Parcel 2: Property is approximately 10.85 acres, having a frontage of 1300 feet on the north side of Crescent Avenue, located 510 feet east of the centerline of Valley Street (Crescent Settling Basin). Project Planner: rivate educational facility includin an auditorium uest to establish a Re (iaramirez ananaheim.net) g p q and accessory golfing facilities with waiver of minimum number of parking spaces. sr5058jcdocdoc CONDITIONAL USE PERMIT RESOLUTION NO. Q.S. 32 5a. CEOA CATEGORICAL EXEMPTION -CLASS 3 5b. CONDITIONAL USE PERMIT NO. 2003-04791 OWNER: Leedy Ying, 12550 Whittier Boulevard, Whittier, CA 90602- 1019 AGENT: Richerd Seleine, GPA Inc. Architects, 1240 North Jefferson Street, Suite J, Anaheim, CA 92807 LOCATION: 1126 South Anaheim Boulevard. Property is approximately 3.4 acres, consisting of five properties located at the northeast corner of BaII Road and Anaheim Boulevard. Project Planner. Request to establish a commercial retail center with the addition of a third (ioramirez(alanaheim.nett retail tenant space to an existing commercial building. -CONDITIONAL USE PERMIT RESOLUTION NO. sr5062jr.doc Q.S. 85 11-17-03 Page 5 6a. 66. NO. OWNER: Larry and Carol Henry, 7692 Haldor Place, Buena Park, CA 90620 AGENT: Dean Garcia, 1303 West Becon Avenue, Anaheim, CA 92802 LOCATION: 309 North Manchester Avenue. Property is approximately 0.25-acre, having a frontage of 120 feet on the south side of Manchester Avenue, located 210 feet west of the centerline of Loara Street (Agape House of Prayer). Request to reinstate this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on May 6, 2002 to expire October 24, 2003) to retain a church. CONDITIONAL USE PERMIT RESOLUTION NO. Project Planner: (cwaq ne r(a1a n ahei m. net) sr1132cw.doc Q.S. 53 11-17-03 Page 6 7a. CEQA NEGATIVE DECLARATION 7b. RECLASSIFICATION NO. 2003-00112 7c. REQUEST FOR REVIEW OF "GRANDFATHER" PROVISIONS AGENT: City of Anaheim, Planning Department, 200 South Anaheim Boulevard, Anaheim, CA 92805 LOCATION: City-initiated (Planning Department and Community Development Department) request on behalf of the Anaheim Colony Neighborhood Council (see Attachment No. 1) for reclassification of the properties in the "5 Points Neighborhood" as follows: Area 1 as shown on the attached Vicinity Map and further described as the properties located approximately 535 feet west of the centerline of West Street and east of the I-5 (Santa Ana Freeway), between Center Street and Lincoln Avenue from the CG (Commercial, General) zone to the RS-5000 (Residential, Single-Family) zone or a less intense single-family residential zone; and Area 2 as shown on the attached Vicinity Map, located at the northwest corner of Broadway and' Walnut Street, containing four (4) parcels of land (3 vacant parcels and 1 parcel developed with apartments, 213 South Walnut Street) from the RM-2400 (Residential, Multiple-Family) zone to the RS-5000 (Residential Single-Family) zone or a less intense single-family residential zone, and Area 3 as shown on the attached Vicinity Map containing the remainder of the subject properties from the GG (Commercial, General), PD-C (Parking District -Commercial), and the RM- 1200 and RM-2400 (Residential, Multiple-Family) zones to the RS-7200 (Residential, Single-Family) zone or less intense single- family residential zones. RECLASSIFICATION RESOLUTION NO. Project Planner: (cflores ~ anah ei m: net) sr6667cf.doc 11-17-03 Page 7 are contiguous to and located immediately west of the Anaheim Colony Historic District, in the "5 Points Neighborhood" encompassing approximately 12.5 acres, bounded by Lincoln Avenue to the north, West Street to the east, Broadway to the south and the I-5 (Santa Ana Freeway) to the west. 8a. CEQA NEGATIVE DECLARATION 8b. GENERAL PLAN AMENDMENT NO. 2003-00413 Sc. RECLASSIFICATION NO. 2003-00111 OWNERS: Anaheim Redevelopment Agency, 201 South Anaheim Boulevard, Anaheim, CA 92805 - Cesare Gutierez, 416 Black Oak Road, Anaheim, CA 92807 Stephen Cebrynski, 2354 Robinhood Place, Orange, CA 92867 CITY-INITIATED: Elisa Stipkovich, Anaheim Redevelopent Agency, 201 South Anaheim Boulevard, Anaheim, CA 92805 LOCATION: 802 to 808 East Broadwav, 801 East Santa Ana Street. ~` and 409 to 421 South Vine Street. The site consists of multiple properties with a combined area of approximately 2.3 acres, located on the west side of Vine Street between Broadway and Santa Ana Street. GENERAL PLAN AMENDMENT NO. 2003-00413 -ACity-initiated (Community Development Department) request to amend the Land Use Element Map of the General Plan redesignating the properties from the General Industrial land use designation to the Medium Density Residential land use designation. RECLASSIFICATION NO. 2003-00111 - ACity-initiated (Community Development Department) request to reclassify the properties from the Project Planner: ML (Limited Industrial) zone to the RM-1200 (Residential,Multiple-Family) (dsee(o)anaheim.net) zone or a less intense zone. GENERAL PLAN AMENDMENT RESOLUTION NO. sr2140ds.doc Q.S. 93 RECLASSIFICATION RESOLUTION NO. 9a. CEQA CATEGORICAL EXEMPTION -CLASS 1 9b. CONDITIONAL USE PERMIT NO. 2003-04789 OWNER: Paul Chiavatti, Chiavatti Living Trust, 1340 West Pearl Street, Unit A, Anaheim, CA 92801 LOCATION: 1300 West Pearl Street. Property is approximately 0.2- acre, having a frontage of 65 feet on the south side of Pearl Street, located 490 feet west of the centerline of Carleton Avenue. Project Planner: (cw a g n e r(a) a n a h e i m. n et) Request to convert a duplex into a residential care facility including on- site counseling far up to 24 residents living on the premises. sr1133cw.doc CONDITIONAL USE PERMIT RESOLUTION NO. Q.S. 62 11-17-03 Page 8 ADJOURN TO MONDAY, DECEMBER 1, 2003 AT 11:00 A.M. FOR PRELIMINARY PLAN REVIEW. CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: t : 3 ~ P ..,., . (TIME) 'rL~..,.,...~ 1 j , s as ~ (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED:. ~`'"~"^ ~ ~~---a 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 FROM PLANNING COMMISSION ACTION The action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits and Variances shall be considered final unless, within 22 days after Planning Commission action and within 10 days regarding Tentative Tract and Parcel Maps, an appeal is filed. 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 CITY 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 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Recorded decision information is available 24 hours a day by calling the Planning Department's Automated Telephone System at 714-765-5139. 11-17-03 Page 9 ~C~E®dJLE 2003 DECEMBER1 DECEMBER 15 DECEMBER 29* *Meeting cancelled due to a lack of quorum 11-17-03 Page 10 ITEM N0, t-A \ M ~ / ~ REWEC E VAG BLDG. 1 F VAR 3365 \ BL DG I / JJJ OFFICE °"~. ~ "' ~ ~ i ~ ~ ~ ~ BL^.r PALMS RD 1 p 6 ~ RCL 01.0L@ I l '9766 ~ 6%¢ii _ __ __ I 565542 ~ VAR 2645 565513 '. 2000-0.1228 ~ J [uP 35ap _ 'UP 3598 I ~ - -E 1 GUP 36ep 1 CUP 3493 RCL 70 ]t 5 ~ Wa ow / CUp 360] - - ~ ~ p V-i OZi ML VAR 4210 VAR 3]66o j ML PARKING LOT VAR2665 ~ 511PEq SHUTTLE 54-55-42 54-$5-42 ML I CUP 4228 RCL 70-]158 0657-~d 1 CUP 3596 VAR 3]fi6 VAR2665 555F10 I CUP 3499 uss42 PEP MARBOLIS / n' CUp 3487 L v>iosi I V-4270 RcL2999-ooa23MIDWAY v-mn suPEgsH9rTLE 1 CHURCIi/SCHOOL L_ (Res. 0(InL I° DRIVE ____ - - - \ 'SABC OveAay Zone) / / r ~ r l ~ f - CL i 3 ~~ „ ; RCL 2009-00023 CUP 3952 y \ ~ / ~ 5 (Res aNnL m 9AfiC ~ / CUP 3617 ~f ~ 61-62-3] 585&3]W3 ed 59 60 54 ia We,lay Zonel ~ RLL 9 14 /: , GUP 3688 f - j - - . Uvo ~ ~ f 6667-36 j 5q.55-42 CUP 3665 / ' l 7 l LUP 179@ 1 ML mar • W-61-113 ~ m CUP 3606 I % > ~ PAAKINP p 61-62-37 x ~ Z~ ~ CUP 3545 1 CUP 3400 ~~ ~ 1 L ML SBd6d7 fit 62Q5 ~ 565619 ~ ~/ 54-6542 LUP 1]1 ~" 0 1 - f $. ~ T CUP 2003-04795 V4627 pCN 9] 11 ~~~~ T-CUP 2992A4597 m f ~., / ^ O\ 67 9820I UOUOR STORE G \ T-0UP 2002.04532 . ( - t { awl (LUP 35067 / - CUP 2001 04439 / ,y, Na\ (CUP 3447 r / ~ T-CUP 2001 04621 / { T4a1P 2007 04345 b o / / OQ Q ~ ' / f ~ T CUP 2007 04303 ' 1 CUP 2835 i CUP 2]35 T 3 / - / 3 pg \ 0 O ? ~ T-0UP 2001.04302 / S ML m ~A / ( 0 C '~ N <~~ j TCUP 2001-04299 ~ -~ ~ e6eiaa ILUP 2463 T) r /f/ 7 ' ePCt-Ha o A 9&67-92 ~ ~ ° T-0UP 2000.04230 ~ GUP 3357 ( ) c ti r w.bu Z < \ ' 'UP 253 I C ~ ct ' 1 T-LUP 2000-W205 qCL 84eW2 CUP Z9pi v e N-7630) L" y ~ '~ ~ co~i{p~i%TaR o A a ~-f \ - " 1 , D 66ai 7e NPIOiZ INDOOR SWAP MEET / '. / p ENCw EEgs we ML \ ~ 1~ ~ ess7.16 CVP1r ~ ANANEIM M ARKETPLACE I /,^ „Y 7 666]-36 1 aaAbH? VM 39ID /F t //~ W-61-113 \ ~ 1 0 5 5 ~~ BURGERS -6siR Mien Z / L . 51-5542 ~ 1 flESTAURART ~'" A r ORANGE L0. \ 1 r ~ / / COLOR /f => ~ < _ __ mil ~ GRAPHICS ~ -~ e.•~~•~ r ; ~F ~~'~ RCL 2000.00023 l \ 5 '° 1 (Res. a//nl. la 1 ~ARC DPeney z¢n¢I CE RRITOS AVENUE ~ 1B \ RCL 2000-00023 \ (Res. ¢(/nl. l0 SARC Ov¢Aey Zane) cL ML Q1P 2002.01611 W-67-36 ML CUP 2002-0d610 6D-61-113 W-67-36 RLL 200050023 54-55-02 W-61-113 (Res of Inl m VAR 4356 54-5542 SABC Ovulay Zane) VAR 3146 VAR 4356 K CUP 3738 VAR 1961 VAR 3146 cuP 3358 INDUSTRIAL INDUSTRIAL VE. cuP q74 BUILDfNG BUILDING CUP 1649 3350 2374 2326 Conditional Use P ermit No. 3545 Y ( a ~ Subject Property TRACKING NO. CUP2003-04785 Date: November 17, 2003 Scale: Graphic Requested By: PAMELA MARCUM, ANAHEIM INDOOR MARKETPLACE Q.S. No. 96 REQUEST TO DETERMINE SUBSTANTIAL CONFORMANCE WITH APREVIOUSLY-APPROVED AUTO ACCESSOR Y INSTALLATION AND DETAILING FACILITY TO PERMIT A SMOG CHECK FACILITY WITHIN AN EXISTING INDOOR MARKETPL ACE. 1440 South Anaheim Boulevard -Anaheim Indoor Marketplace loss ATTACHt1ENT - ITEM N0, t-A RESOLUTION NO. PC2001-8 ~_.~ 3w~ } A RESOLUTION OF THE ANhHEIM CITY PLANNING COMMtSStON REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 3545, IN PART; FOR TEN (10) YEARS 70 EXPIRE ON AUGUST 29, 2010 (Ct1P'r+acking No. 200L04JOJ) WHEREAS, on September 21, 1992 the Planning Commission adopted Resolution No. PC92-113 to grant Conditional Use Permit No. 3545 and permit the outdoor Installation of auto alarms and sure:.. end a batting cage in conjunction with an existing rota .center (Anaheim Indoor Marketplace) at 1440 S. Anaheim Boulevard with waiver of outdoor uses; that on December 1. 1993 the Planning Commission adopted Resolution No. PC93-129 to approve an extension of time far the uses to expire September 21, 1994; that on October 3, 1994, the Planning Commission adopted Resolution No. PC94- 132 to add window tinting and lire rim Installation to the previously approved uses for a period of one year to expire September 21, 1995; that on August 7, 1995 the Planning Commission adopted Resolution No. PC95.94 to approve an extension of time fur the uses to expire Septembor 21, 1996; and that on September 14, 1998 the Planning Commission adopted Resolution No. PC98-146 to reinstate the uses for three years to expire April 22, 2001 and to add new conditions; and WHEREAS, this property is developed with a 133,20D square toot former commerciallindustrial budding which has been modified for use es an Indoor swap meet facility with accessory outdoor uses (Anaheim Indoor Marketplace); that the property Is loo =tad in Sub Area 2 of lha South Anaheim t3oulavard Corridor of the Anaheim CommerciaVindustrial Redevelopment Project Area; that the property is zoned CL(SAOC) (Commercial, Limlted• Seulh Anaheim Boulevard Corridor Overlay); and that the Land Use Element Map of the Anaheim General Ptan designates this property for Ge,ceral Commercial land uses; and WHEREAS, the peUtloner has requested reinstatement of Conditional Use Permit No. 3545 (which will expire on Apol 22, 2001) under authority of Code Section it?.03.093 of the Anaheim Municipal Code in order to retain tho outdoor Lrstallatlon of ^uto alarms and stereos, window tinting, fire rims, auto accessories, upholstery, and auto delallUg In con)unctlon with the existing Indoor swan meet. WHEREAS, the Clty Planning Commission did hold a public hearing al the Civic Center In the City of Anaheim on January 17, 2001, at 1:30 p.m., notice of said public hearing hav)ng bean duly given as required by law and in accordance wiul 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 recomcnendaltons In connection therewith; and WHEREAS, said Commission, after due Inspaclion, Investigation and s!udy made by Itself and in its behalf, and afferdue oansideration of ail evidence and reports offered at said hearing, does find and determine the following facts: - 1. That the uses proposed to be reinstated are propedy ones for which a condlticnai use permit Is authorized 6y the Inning Code. 2. That this conditional use permit is hereby reinstated, Di part, to retain the outdoor installation of auto alarms end steroos, window tinting, lire rims, auto accessories, upholstery, end auto detailing in conjunction with the existing Indoor swap meal, but that the storage of plant materials and the batting cages are hereby dented because said uses no longer exist end the petiliorer has not proposed retaining paid uses. CR4994PK.doc -1 • PC20D7-8 3. That reinstating this conditional use permit, as conditioned herein, for an additional period of time will not adversely affect the adjoining land uses and the growth and development of the area in which it is located because no changes have occurred to the approved uses which conLadict the original findings for approval. , 4. That this use permit, as conditioned herein, is reinstated on the basis that this per~tit has been exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved by the Commission in 1992, and as subsequently reinstated; that there are no outstanding Code Enforcement complaints or violallons for these auto•related uses; and that this use permit has been exercised in a mannerwhich is noFdetrimental to the surrounding land uses, nor to the public peace, health, safety and general welfare because this use is located adjacent to industrial uses and is adequately concealed from the public's view by solid-screen fencing material. 5. That the size and shape of the site for the uses, as reinstated, is adequate to allow full development of the proposed use in a manner not detrimental tc the particular area nor to the peace, health, safety and general welfare. 6. That the traffic generated by the uses, as reinstated, will not Impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 7. That reinstating this conditional use permit, as conditioned herein, will not be detrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and general welters or the citizens of the Clty of Anaheim. 8. That this conditional use permit is being exercised In substantially the same manner and In conformance with ail conditions and stiputalions originally approved by the Planning Commission. 9. That the uses, as reinstated, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located. 10. That no one indicated their presence at the public hearing in oppos[Uon t:~ tie proposal; and that no correspondence was received In opposition. CALIFORNIA BNViRONIdENTAL QUALITY ACT FINDING: That 1he.Anahei~a City Planning Commission has reviewed lho proposal and does hereby ilnd that the Negative [)entarat~ ~n previously approved in connection with Conditional Use Permit No. 3545 is adegr.ale to serve as tt:e required environmental documentation In connection wRh thts request upon Ending -hal the dc~•.;aialion relleets the tndependenl judgment of the lead agency and that it has considereJ the previously approved Negative Declaration together with any comments received during the public rewew process and further finding on the basis of the INtiai study end any comments received that there is no substantial evidence that the project will have a significant effect an the environment. NOW, THEREFORE, BE IT RE5OLVE0 that the Anaheim Gtty Planning Commisslon does hereby reinstate Conditional Use Permit No. 3545 to permit the outdoor installetlon oP suto alarms and stereos, window Ilnting, fire rims, auto accessories, upholstery, and auto detailing In conjunction with the existing tndnor swap meet for a period of (i0) ten years to expire on August 29, 2010, and AND BE IT FURTHER RESOLVED That the Planning Commission does hereby amend, in their entirety, the conditions of approval of Resolution No PC92-113 adopted In wnneclion with Condlllonal Usa Permit No. 3545, as amended, to read as follows: Thal this conditional use permit shall expire on August 29, 2010, concurrently with Condillonel Use Permit No. 3400 (which permits the Anaheim Indoor Marketplace). CR4994PK.doc •2- PC2001.8 2. That the outdoor uses shall be limited to installation of auto alarms, stereos, window tinting, fire rims, auto accessories, upholstery and auto detailing; and that at no time shall the mechanical repair of vehicles or paint andlar body work be permitted. 3. That the outdoor installation activities shall 5e screened from view at all times, to the satisfacliori oP the Planntng Department. 4. That there shall be ao outdoor storage of toots andlor equipment related to the outdoor installation operations, unless specifically approved by the Planning Department. 5. That the property owner shall pay the cost oP code enforoement Inspections to maintain compliance with State and local statutes, ordinances, laws, or regulations, as deemed necessary by the City of Anaheim Code Enforcement Division. 6. That no Inoperable vehicles or parts shall be stored on the premises outside the building. 7. That the outdoor storage of tires shall be prohibited and ail used tires shall be disposed of property. B. That the existing screen fence to the west of the outdoor uses shall be maintained with Interwoven PVC slats and "scrim' shall be maintained on the back side o} the fence to screen the existing work area from the public's view. 9. That the outdoor nslallatlon uses shall be limited to Wednesday through Monday, 10:00 a.m. to 7:00 p.m. 10. That the subject property shall be developed substantially In accordance with plans and specifications submitted to the Clty of Anaheim by the petiAoner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. 11. That approval of this application constitutes approval of the proposed request Doty to the extent that It compiles with the Anaheim Municlpel Zoning Code and eny other applicable City, State and Federal regulations. Approval does not Include any action or findings as to compliance or approval of the request regarting any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 17, 2001. (IpPlplnal nl~nad by 9®fpt CHA-RPERSDN, ANAHEIM CITY PLANNING COMMISSION ATTEST: lOriZinal si@,ncd oy 9sholia Edmondson) SECRETARY, ANAHEIM CITY PLANNING COMMISSION CR4y94PK.doc -3- PC2001.8 a STATE OF c:ALIFORNIA ) CUUNT7 OF ORANGE ) ss. CITY OF ANAHEIM ) Yti I, Osbelia Edmundson, Secretary of L'ie Anaheim CIry Planning Commission; do hereby certify that the foregoing resolution wa3 passed and adopted at a meeting of the Anaheim Clry Pmnning Commiss~on held on January 17, 2001, by the following vote of the members thercoF: AYES: COMMISSIONERS: BOYDSTUN, BRISTOL, KOOS, NAPOLES NOES: CUMMISSICNERS: VANDERBILT ABSENT: COMMISSIONERS: ARNOLD ABSTAINED: COPoIMISSIONERS . BOSTWICK IN WITNESS WHEREOF, !have hereunto set my hand this _ day of ,_ _, 2001, (Original signed Dy 9sbelia Edmundson} &ECRETARY, ANA~!EtM CITY PLANNING COMMISSION CR4984PIGdoc -4- PC2001-8 :ITEM N0. 1-B ~ ,pm,~.. mmAC[ I Viww.i 4H INpusmlAL FIgIAS RIVERSIDE MMERCIAL ST ~row°aommn N w • im peYGt ~ { j O YH aj a ~• ~+ 6 , ~.s,A~ ~ r JULIANNA qVE F,A.~mo a muxwnvE a a ~ a a 3 4 MH H b ~ Fl u w r BMN INW^ TR L 4LL 6MN1 i ~ C v mousmuL - FIflMS FlPM9 < N n ~u'. ~WLI r"i l'~~'~- i - ~° I~[ ryWOpp AVE l 1 l I 1~ I(ENJApp AY[ u4w~ V~~rz] Y i~ nwna y. W 1 ' N ~ Wlµ , M1'w V[ri V ~ " N POAWEYA pAIVE VE v Svc uca Fsn~a.ooo RAneono PEFARpNG pA51N 1'1 F ' '7 i v~ .-.w'P~ Conditional Use Permit No. 2002-04573 vff Subject Property TRACKING NO. CUP 2003-04783 Date; November 17, 2003 Scale: Graphic Requested By: CB NANDA Q.S. No. 81 REQUEST FOR AN EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL AND REVIEW OF FINAL ELEVATION, FLOOR AND LANDSCAPE PLANS FOR APREVIOUSLY- APPROVED INDOOR SELF-STORAGE AND OUTDOOR STORAGE YARD. 711 East La Palma Avenue 1040(20D3-11-OS) FREEWAY RcL ~ ATTACHMENT - R&P. 1-B t r RESOLUTION NO. PC2002-151 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04573 BE GRANTED 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: A STRIP OF LAND, 70.0 FEET MORE OR LESS, IN WIDTH, AND 2680 FEET, MORE OR LESS, IN LENGTH., BEING ALL THAT PART OF THE ANAHEIM BRANCH (NOW ABANDONED) OF THE UNION PACIFIC RAILROAD COMPANY, SUCCESSOR IN INTEREST TO THE LOS ANGELES & SALT LAKE RAILROAD COMPANY, SITUATED IN THE SOUTHEAST QUARTER (SE Y<) OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE & MERIDIAN, CITY OF ANAHEIM, ORANGE COUNTY, CALIFORNIA, THE SAID STRIP LYING BETWEEN LINES DISTANT 0.00 FEET AND 70.0 FEET WESTERLY, WHEN MEASURED AT RIGHT ANGLES AND/OR RADIALLY, FROM THE WESTERLY LINE OF THE RIGHT OF WAY OF THE BURLINGTON NORTHERN SANTA FE RAILROAD, AS PRESENTLY CONSTRUCTED AND OPERATED, THE SAID STRIP OF LAND BEING BOUNDED ON THE NORTH BY THE NORTHERLY LINE OF THE SAID SOUTHEAST QUARTER (SE'/<) OF SECTION 3, AND BOUNDED ON THE SOUTH BY THE NORTH LINE OF THE PUBLIC ROADWAY COMMONLY KNOWN AS "LA PALMA STREET", THE CENTERLINE OF WHICH STREET BEING THE SOUTHERLY LINE OF THE SAID SECTION 3, AND THE SAID STRIP OF LAND BEING ALL OR PART OF THOSE SAME TRACTS OF LAND HERETOFORE ACQUIRED BY THE SAID LOS ANGELES & SALT LAKE RAILROAD COMPANY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 29 2002 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 reclassification and to investigate and make findings and recommendations in connection therewith; and that said Planning Commission hearing was continued to the August 12, August 26 and October 7, 2002 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 satd 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 18.61.050.433, 18.61:050.502 and 18.61.050.507, and with waiver of the following: Section 18.61.063.020 - Minimum side yard setback adjacent to a residential zone. (18-foot setback required between 18-foot high buildings and adjacent residential zoning; 1-foot setback proposed between the proposed 18-foot high building and RS-A- 43,000 zoning to the east) 2. That there are special circumstances applicable to the property consisting of its location or surroundings, which do not apply to other identically zoned properties in the vicinity, because Staff supports the requested waiver because the adjacent residentially zoned property is an active railroad with no potential for residential development. 3. That strict application of the Zoning Code would the property of privileges enjoyed by other properkies under identical zoning classification in the vicinity. 4. That the proposed use, under the conditions imposed, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. Cr5479dm.doc -1- PC2002-151 ~.. 5. That the size and shape of the site for the proposed use is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 6. 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. 7. That granting of this 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 pf Anaheim. 8. 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 permit indoor self-storage and an outdoor storage yard (including RV, boat, tractor trailer, automobile/truck and construction vehicle storage) in the ML (Limited Industrial) Zone with waiver of minimum side yard setback adjacent to a residential zone on arectangularly-shaped 4.3- acre property having a frontage of 70 feet on the north side of La Palma Avenue and a maximum depth of 2,680 feet, and being located 255 feet east of the centerline of Pauline Avenue; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a :necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: That approval of Conditional Use Permit No. 2002-04573 is contingent upon the approval and finalization (i.e., adoption of an ordinance rezoning the property) of Reclassification No. 2002-00078. That elevation and floor plans for the Phase II storage buildings, and elevation and floor plans for the caretaker's unit and office shall be submitted to the Zoning Division for review by the Planning Commission as "Reports and Recommendations" item. ,~ That outdoor storage shall be limited to the vehicles specified by the applicant on the list labeled "Allowed/Not Allowed" (Attachment "A" to this .resolution) and submitted to the Planning Commission at the October 7, 2002 meeting, provided that "Construction or landscaping materials or debris" shall be added to the "Not Allowed" column. No parking or storage of wrecked or inoperable cars or vehicles or parts shall be permitted. Said outdoor storage shall be completely screened from surrounding properties, public rights-of-way and the SR-91IRiverside Freeway. ,4: That the outdoor storage of vehicles shall not be permitted north of the SR-91/Riverside Freeway. ~' That the area north of Commercial Street to one hundred eighty (180) feet north of the SR-91/Riverside Freeway shall be secured with fencing. Paving of this section of the property shall be completed in connection with development of said area for storage. Said information shall be specifically shown on the plans submitted for building permits. That the entire width of the property from La Palma Avenue to Commercial Street on the north shall be paved with the exception of landscaped areas. Said information shall be specifically shown on the plans submitted for building permits. ;9. That no canopies or overhead coverings of any kind shall be permitted. ?B. That there shall be no on-site maintenance or repair of vehicles of any kind. -2- PC2002-151 That a minimum of lift ei ht 58 arkin s aces lus such other arkin as re wired for the office area Y 9( )P 9 P P P 9 q shall be provided on-site in compliance with Anaheim Municipal Code Sections 18.06.050.020.028 and 18.06.050.030.033. Said information shall be specifically shown on the plans submitted for building permits. `~0. Condition No. 10 was intentionally deleted at the Planning Commission public hearing. 11, That an easement or agreement, which instrument shall be determined by the City Attorney, shall be 9 ~ ~ ~~ obtained from CALTRANS to provide adequate fire truck turn-ground(s) and to allow the proposed t buildings near the north property line. This document shall be in a form satisfactory to the City Attorney ~' ~l That this self-storage facility shall be controlled through the use of electronically programmed gates and .access doorways. Said gates and doorways shall be reviewed and approved by the Traffic and Transportation Manager, and shall be specifically shown on the plans submitted for building permits. ~ \ 13.1 That exterior lighting fixtures shall be decorative and specifically shown on the plans submitted for ~~/// building permits. !14\ That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage area(s) shall be designed, located and screened so as not to be readily identifiable from adjacent streets. The walls of the storage area(s) 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 the plans submitted for building permits. 15. 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. (16: That prior to grading plan approval, the developer shall submit a Water Quality Management Plan `-J ("W QMP") specifically identifying the post construction best management practices that will be used on- site to control predictable pollutants from storm water runoff. The WOMP shall be submitted to the Public Works Department, Development Services Division, for review and approval. 17. )That an on-site trash truck turn-around area shall be provided in accordance with Engineering Standard - ~ Detail No. 610; and that said turn-around shall be maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on the plans submitted for building permits. 18. (a) That the legal property owner shalt submit an application for a Subdivision Map Act Certificate of Compliance to the Public Works Department, Development Services Division; and (b) That prior to issuance of a building permit, a Certificate of Compliance or Conditional Certificate of Compliance shall be approved by the City Engineer and recorded in the Office of the Orange County Recorder 19. That the developer shall construct a five (5) foot wide sidewalk adjacent to the right-of-way tine on La Patma Avenue in conformance to Public Works Standard Detail No. 110-E, and shall install landscaping and irrigation facilities between the sidewalk and the curb as approved:by the Parks Division of the Community Services Department, The developer shall obtain aRight-of-Way Construction Permit from the Public Works Department for these improvements. The improvements shall be constructed prior to final zoning inspection. 20. That a striping plan specifying drive-aisle widths and dimensions, and the locations of all utility poles ,~ shall be submitted to the City Traffic and Transportation Manager for review and approval prior to issuance of a building permit. Subject property shall thereupon be developed and maintained in conformance with said plans. -3- PC2002-151 A. That a gate shall not be installed across any driveways or private street in a manner which may adversely affect vehicular traffic on the adjacent public street(s). Installation of any gates shall conform to the Engineering Standard Plan No. 609 and shall be subject to review and approval by the City Traffic and Transportation Manager. -- --- 22.. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval in showing conformance with the current versions of Engineering Standard Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway location. Subject property shall thereupon be developed and maintained in conformance with said plans. 23. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval C. showing conformance with Engineering Standard No. 137 pertaining to sight distance visibility far sign or wall/fence locations. (24. j That the required parking shall be clearly shown on plans submitted to the Planning Department; and ' 'that no required parking area shall be fenced or otherwise enclosed for storage or other outdoor uses. ~~ That emergency vehicular access shall be provided and maintained in accordance with Fire Department specifications and requirements. ~6. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. i -7F. 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 the plans su° :fitted for building permits. Said plans shall also identify the specific screening treatment of each devic . 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. ~8. That the Electrical Engineering Division of the Utilities Department shall approve distance requirements of proposed buildings from all existing utility poles and the proposed pole barrier methods to prevent damage from vehicular traffic. ~~. ~, 29. !That the parking IoUstorage area 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 information shall be specified on the plans submitted for building permits for the review and approval of the Zoning Division and the Police Department, Community Services Division. ;~ 30. That all air conditioning facilities and other roof and ground mounted equipment shall be screened from view as required by Code Section. 18.61.030.100. Such information shall be specifically shown on the plans submitted for building permits. ~~ 31. That a PVC slatted (or other acceptable screening material), chain link fence shall be :installed to a C height sufficient to screen the outdoor storage of recreational vehicles. Minimum one (1) gallon sized clinging vines or tall shrubbery shall be planted on maximum three (3) foot centers adjacent to said fencing to eliminate graffti opportunities, and that said plants shall be appropriately irrigated and //~~ maintained. Said information shall be specifically shown on the plans submitted for building permits. C32J That a final landscaping plan, which plan shall include landscaping to fully screen all proposed storage ~~ as quickly as possible, shall be submitted to the Zoning Division for review and approval. Said plan shall specify a minimum of four (4), thirty six (36) inch box sized, trees adjacent to La Palma Avenue and three (3), thirty six (36) inch box sized, trees adjacent to Commercial Street within the landscaped setback areas. Said landscaping plan shall also specify shrubs and groundcover for all planter areas and for khe required parking lot landscaped areas. All landscaping shall be served by permanent irrigation facilities. Said information shall be specifically shown on the plans submitted for building permits. -4- PC2002-151 33. hat minimum five (5) gallon sized clinging vines planted on maximum three (3) foot centers, including appropriate irrigation facilities, shall be installed and maintained along all east building walls. Said information shall be specifically shown on the plans submitted for building permits. 34. That an on-site landscaping and irrigation system shall be maintained in compliance with City standards. 35. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dies; and that the landscaped planters shall be permanently maintained with live and healthy plants. 36. That in the event trash containment becomes a nuisance, a second trash enclosure shall be installed in a location acceptable to the Public Works Department, Streets and Sanitation Division 37. That four (4) foot high street address numbers shall be displayed on the roof of the building(s) in a contrasting color to the roof material. The numbers shall not be visible to the adjacent streets or properties. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division, approval. 38. That the proposal shall comply with all signing requirements of the ML (Limited Industrial) Zone unless a variance allowing sign waivers is approved by the Planning Commission or City Council. 39. That the proposed sign on Commercial Street shall be located within a landscaped planter; and that the location of the sign shall be approved by the appropriate railroad authorities. 40 That final sign plans shall be submitted to the Zoning Division for review and approval indicating c' monument-type signs not exceeding eight (8) feet in height and ten (10) feet in width as measured from ~_ the grade of the sidewalk, with a maximum sign copy area of thirty five (35) square feet per face for La Palma Avenue and thirty (30) square feet per face for Commercial Street. Said signs shall be subject to the review and approval of the City Traffic and Transportation Manager to verify adequate lines-of sight. 41. That no Special Event permits shall be issued for this property. 42. That prior to commencing operation of this business, a valid business license shall be obtained from the Business License Division of the City of Anaheim Finance Department. 43. That subject property shall be developed and maintained 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 3 and 4 (except for freestanding signage), and as conditioned herein. 44. That prior to issuance of a building permit, or prior to commencement of the activity authorized by this resolution, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 5, 6, 9, 11; 12, 13, 14, 15, 16, 17, 18, 20, 21, 22, 23, 24, 27, 28, 29, 30, 31, 32, 33, 37, 39 and 40, above-mentioned, shall be complied with. Extensions for further time to complete said conditions maybe granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 45. That prior to final building and zoning inspections, Condition No. 19, 42 and 43, above-mentioned, shall be complied with. 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 47. That the items listed in the City of Anaheim Electrical Engineering draft letter, dated October 7, 2002 and labeled "Work Plan for Relocation of Electrical Facilities, 711 E. La Palma Avenue, Anaheim, CA 92805 (Attachment "B" to this resolution) shall be incorporated as conditions of approval. The timing and completion of these conditions shall be as required by the Electrical Engineering Division. -5- PC2002-151 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 October 7, 2002. f Original gih npd by Pau! E~os4c~lchJ CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: lOrl~inal slgn~d by Eleanor llAorrle9 SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Fernandes, 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 October 7, 2002, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE tN WITNESS WHEREOF, I have hereunto set my hand this day of .2002. iOr1(;in~l signed by Eloaner uuu-•-•-~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -6- PC2002-151 ITEM N0. 1-C Sj pva?ESS t100 tt wT' i 0.~~GnIfiL~-NS p sEMNW~gOu t Bp, X81 i5t' LUP .pW N a~'~is si '~ aP"ocE ,~ooewE p~ a V0~' ga4 Pwt ~~Y~ BTN fit' i~ G CA Rum W 0~ D Final Site Plan 2003-00008 s -' Subject Property Master No. RCL2003-00108 Date: November 17, 2003 Scale: Graphic Requested By: ANAHEIM REDEVELOPMENT AGENCY Q:S. No. 72, 73, 83 REQUEST FOR FINAL SITE, FLOOR, ELEVATION, ROOF AND GROUND-MOUNTED EQUIPMENT, FENCING, PARKING, PEDESTRIAN AND VEHICLE CIRCULATION, AND EXTERIOR LIGHTING PLAN REVIEW FOR PARCEL B MIXED USE PROJECT WITHIN THE DOWNTOWN MIXED USE OVERLAY ZONE. Bounded by Lincoln Avenue to the north, Broadway to the south, Anaheim Boulevard to the east, and Harbor Boulevard to the west (Downtown Anaheim). tpsa{zoos-~i-iz) w~yM $ o~ P~4 VPwwjp105 o aoU aFWEOW PBL V.I009 C~it1L f >. _. Vd-fi PAaFlp BElt P~NU ..... Rlo. of Tatal Eloor Ares lot ! dertsiiy Building No. of Rec. ", Stiories . Sq. Ft. Ratio " Cav. (d.u./ac.) Hei®ht Units Leisure ! EAl2 Area i 6* 114,624 " i 2.82 87% 102'" S4 feet 95 9,360 s.E ATTACHMENT - ITEM N0. 1-C ~j RESOLUTION N0. 2003R- 173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING DESIGN GUIDELINES FOR THE DOWNTOWN MIXED-USED OVERLAY ZONE. WHEREAS, by its Ordinance No.`s 87/ approved August 19, 2003, the Anaheim City Council has adopted the (DMU) Overlay Zone to allow mixed-use development projects within a defined area of the City; and WHEREAS, it is the intent of the DMU Overlay Zone, as stated in said ordinance, to accomplish the following major objectives: 1. To encourage superior designmixed-use development projects that combine residential with non-residential uses including office, retail, business services, personal services, public spaces and uses, and other community amenities as a means to continue downtown revitalization. 2. To encourage a full array of diverse land use types and structures including redevelopment of existing structures, creating an active street life, and enhancing vitality of businesses. 3. To encourage pedestrian activity and reduce dependence on the automobile for everyday needs. 4. To encourage compatibility between residential and commercial uses, both on-site and where residential zones directly abut commercial zones, by permitting greater design flexibility. 5. To ensure that the appeazance and effects of buildings, improvements, and uses aze harmonious with the chazacter of the azea in which they aze located. 6. To ensure consistency with and implement the provisions ofthe Redevelopment Plan for the Alpha Downtown Redevelopment Project Area and related plans for Downtown Anaheim. WHEREAS, in order to accomplish the objectives of the DMU Overlay Zone, the Anaheim City Council wishes to adopt Design Guidelines, as set forth in attached Exhibit "A," which is incorporated herein by this reference (the "Design Guidelines"). NO W, THEREFORE, BE IT RESOLVED that based on the foregoing facts, after due inspection, investigation and study made by itself and in its behalf and having considered all evidence, reports, and project refinements presented during the public hearing process, the Anaheim City Council does hereby adopt the Design Guidelines. THE FOREGOING RESOLUTION is ap roved and adopted by the City Council of the City of Anaheim this 19th day of August, 2003. MA OF THE OF ANAHEIM A EST: CITY CL RK THE CITY OF ANAHEIM 50571.1\SMANNUuIy 28, 2003 ATTACHMENT - ITEM N0. 1-C EXHIBIT "A" DESIGN GUIDELINES _ ,,_ Structures. A. Parking structures should be screened from view at street level and include azchitectural detailing, fagade treatment, artwork, landscaping, or similar visual features to enhance the street fapade. Screening of floors above street level is encouraged through the use of vines or azchitectural screening detail that is compatible with the project. B. The portions of any pazking structure facing the street, excluding vehculaz access azeas, should include street level retaillcommercial uses in a portion of said structure. Exceptions to this requirement for the conversion, alteration, or enlazgement of existing structures may be granted by the Planning Commission, based on a finding that it is not reasonably feasible to modify the existing structure. C. Street wall facades should be azchitecturally enhanced through the use of azcades, colonnades, recessed entrances, window details, bays, variation in building materials, and other details such as cornices and contrasting colors. Total blank wall azeas (without windows or entrances) aze discouraged. Building facades should be articulated through the use of separated wall surfaces, contrasting colors and materials, variations in building setbacks, and attractive window fenestrations. D. Street wall facades should be integrated with public plazas, urban pocket parks, outdoor dining, and other pedestrian-oriented amenities. E. Discouraged building materials include plain concrete block, plain concrete, corrugated metal, plywood, sheet pressboazd, and vinyl siding. F. Buildings at comers of intersections should receive special treatment to enhance the pedestrian experience and create visual interest and focal points atthe entryways. Building cut-offs and corner entrances with additional azchitectural detail aze encouraged. G. Tops of building facades should be visually terminated through the use of cornices, stepped parapets, hip and mansazd roofs, stepped terraces, domes and other forms of multifaceted building tops. H. Projecting features to create visual interest and distinction between units, such as balconies, porches, bays, and dormer windows, aze encouraged. Trim detail on rooflines, porches, windows and doors on street-facing elevations is encouraged. I. Building design should incorporate an azchitectural theme that is compatible with neazby uses. Architectural details should draw upon locally historic buildings or other neazby features that contribute to the unique .aesthetic ambiance of the downtown azea. 2. Streets, Sidewalks, and Traffic. A. Traffic calming and special street design features such as enhanced paving, neckdown intersections, and separated sidewalks with street trees aze encouraged, subject to the approval of the City Traffic and Transportation Manager. A-1 B. The street-side setback azea should include landscaping or a decorative hard-surface expansion of the sidewalk. Decorative benches and pedestrian-scaled street lights, benches, trash receptacles, planters, and other attractive street furnishings aze encouraged. Walkway connections to building entrances should include special paving treatment or modular paving materials. The use of awnings, canopies, and azcades is encouraged to provide visual interest and shade. C. Pedestrian, bike, and visual connections and/or well-designed transit stops should be made wherever auto connections aze infeasible due to traffic, physical constraints or other considerations. D. Outdoor seating and dining areas inconjunctionwithfull-service restaurants, coffee shops, and bakeries aze encouraged and should be designed so as not to adversely affect-the safe and efficient circulation of pedestrian and vehicular traffic. E. On-site pedestrian circulation should be continuous and connect various uses on site, as well as connect to off site transit stops,.. and pazking. 3. Residential Development. A. The residential units should be designed to ensure the security of residents through the provision of secured entrances and exits that are sepazate from the non-residential uses and aze directly accessible to pazking aeeas. Non-residential and residential uses shall not. have common entrance hallways or common balconies. Elevators should be provided as required in the "RM-1200" (Residential, Multiple-Family) Zone. B. Commercial uses in a residential development should be designed and operated, and hours of operation limited, where appropriate, so that neighboring residents aze not exposed to offensive noise, especially from traffic, routine vehiculaz deliveries, orlate night activity. C. Residential portions of the project should be designed to limit the interior noise caused by the commercial and pazking portions of the project to a maximum of 45 db CNEL in any habitable room with windows closed. Proper design may include, but is not be limited to, building orientation, double-paned orextra-strength windows, wall and ceiling insulation, and orientation and insulation of vents. Where it is necessary that windows be closed in order to achieve the required level, means should be provided for ventilation/cooling to provide a habitable environment. D. No use, activity or process should produce continual vibrations or noxious odors that aze perceptible without instruments by the average person at the property lines of the site and within the interior of residential units on the site. E. Outdoor lighting associated with commercial uses should not adversely impact surrounding residential uses, but should provide sufficient illumination for access and security purposes. F. High quality recreational and service amenities to serve the tenants of the residential complexes .aze encouraged. Such amenities may include, but should not be limited to, private health clubs or fitness centers, meeting rooms, recreational rooms, pools, spas, Laundromats, dry cleaning collection and distribution, computer facilities, bazbecues, decks, court game facilities, .and community fireplaces. A-2 G. A Master Association should be established and maintained and unsubordinated CC&R's adopted and recorded for property maintenance. All common recreationa]/leisure azeas and other setback azeas should be developed and maintained in accordance with approved landscape plans. H. Residential windows should not directly face loading azeas and docks. To the extent windows of residential units face each other, the windows should be offset to maximize privacy. 4. Public, Civic and Common Areas. A. Public art displays, fountains, outdoor seating azeas, public plazas, or other similar amenities to create public gathering places aze encouraged. B. Focal points, gateways, entries, monuments, historical landmazks, or other similaz amenity features such as pazks or community buildings, tot lots or stands of major trees aze encouraged. C. Newsracks located within the publicright-of--way should be located so as not to cause an obstruction or adversely affect the safe and efficient circulation of pedestrian and vehiculaz traffic, and should be designed to be aesthetically harmonious with the character of the azea in which they aze located. In addition, the provisions of Chapter 4.82 of this Code shall apply to newsracks within the DMLT Overlay Zone. 5. Signs. A. Signs should complement the azchitecture of the building and also provide a unifying. element along the streetscape. B. The size, scale, and style of signs should be determined by the scale of the buildings of which they are a part. C. Along multi-story commercial streets, signs should be placed along the lintel or sign frieze between the ground floor storefront and the upper facades. D. Signs along a blockface should be located at approximately the same height to create a unifying, horizontal pattern. E. Signs should be distinctive and simple, avoiding cluttered designs and excessive advertising. F. Sign design should be consistent with the historic chazacter oftheir buildings. G. Desirable sign types include indirectly lit signs, raised letter signs, wall signs, awnings and canopies, and double-faced, projecting signs along pedestrian streets. H. Undesirable signs include internally-illuminated, plastic, generic trademazk signs, and any sign temporarily affixed to ground floor windows. Roof signs aze generally discouraged, although exceptions for historically-appropriate designs can be considered. I. The use of signs and environmental graphics to assist way-finding is encouraged. Street banners, community and district identification signs, directional signage, and pedestrian-oriented directories should contribute to a coordinated way-Finding program. A-3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2003R-173 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 19th day of August, 2003, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: NOES: MAYOR/COUNCIL MEMBERS: ABSTAINED: MAYOR/COUNCIL MEMBERS: ABSENT: MAYOR/COUNCIL MEMBERS: Pringle, Tait, Chavez, Hernandez, McCracken Nane None None ITY CLE K OF HE CITY OF ANAHEIM (SEAL) ATTACHMENT - ITEM N0. 1-C ORDINANCE NO. 5871 _ AN ORDINANCE OF THE CITY OF ANAHEIM ADDING , NEW CHAPTER 18.100 TO TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (DOWNTOWN MIXED-USE OVERLAY ZONE). THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That new Chapter 18.100 be, and the same is hereby, added to Title 18 of the Anaheim Municipal Code to read as follows: "CHAPTER 18.100 DOWNTOWN MIXED-USE (`DMU') OVERLAY ZONE 18.100.010 DESCRIPTION AND PURPOSE The purpose of the Downtown Mixed Use (DMI)) Overlay Zone is to allow for mixed- use development projects within a defined azea, with the following major objectives: .010 To encourage superior designed mixed-use development projects that combine residential with non-residential uses including office, retail, business services, personal services, public spaces and uses, and other community amenities as a means to continue downtown revitalization. .020 To encourage a full array of diverse land use types and structures, including redevelopment of existing structures, creating an active street life, and enhancing vitality of businesses. .030 To encourage pedestrian activity and reduce dependence on the automobile for everyday needs. .040 To encourage compatibility between residential .and commercial uses, both on-site .and where residential zones directly abut commercial zones, by permitting greater" design flexibility. .050 To ensure that the appeazance and effects of buildings, improvements, and uses aze harmonious with the chazacter of the azea in which they aze located. .060 To ensure consistency with and implement the provisions of the Redevelopment Plan for the Alpha Downtown Redevelopment Project Area and related plans for Downtown Anaheim. 18.100.020 BOUNDARIES OF DOWNTOWN MIXED-USE OVERLAY ZONE -- The DMLI Overlay Zone covers an azea consisting of approximately thirty-five and forty- seven-hundredths (35.47) acres generally located between Lincoln Avenue on the north, Broadway on the south, Anaheim Boulevazd on the east, and Hazbor Boulevazd on the west. The boundaries of the DMU Overlay Zone are delineated and legally described and depicted in attached Attachment A, entitled "Legal Description and Depiction of DMU Overlay Zone Property." 18.100.030 GENERAL PROVISIONS FOR THE DMU OVERLAY ZONE .010 Applicable Regulations. Unless otherwise expressly set forth in this Chapter, the uses, regulations and development standazds for property in the DMU Overlay Zone shall be those applicable to the underlying zone. 'The provisions of this Chapter shall apply in addition to, and where inconsistent with, shall supersede the corresponding regulations of such underlying zones. .020 Implementation. No grading permit or building permit for a Planned Mixed-Use Development, as defined in subsection 18.100.050.010, shall be issued prior to Final Plan approval by the Planning Commission, as set forth in Section 18.100.040 'FINAL PLAN REVIEW AND APPROVAL,' unless expressly exempted by subsection 18.100.040.020'Final Plan Exemptions.' Construction for such development may commence only after the Planning Director or the Planning Director's designee finds that the project is in compliance with the regulations, applicable policies and guidelines of the DMU Overlay Zone and the approved Final Plan, if applicable. .030 Exceptions. With the exception of the requirements specified below, the regulations of this Chapter shall not apply to parcels being developed entirely under the underlying zone, provided that: .0301 All requirements of the underlying zone are being met by the project, except as specifically approved otherwise in conjunction with a conditional use permit, variance or administrative adjustment permitted in accordance with the facts, conditions, procedures and required showings specified in Chapter 18.03 'ZONING PROCEDURES -AMENDMENTS, CONDITIONAL USE PERMITS AND VARIANCES' and Chapter 18.12 'ZONING ADMINISTRATOR' of this Gode;' .0302 All applications submitted to the Planning Department of the City of Anaheim for projects lying within the DMU Overlay Zone which also lie within the boundaries of the Alpha Downtown Redevelopment Project Area shall be forwazded to the Community Development Department for review. The Executive Director of Community Development, or the Executive Director's designee, (the "Executive Director") shall review each application and meet and consult with the applicant with respect to 2 land use compatibility and the design features of the proposed project, and, may propose changes where appropriate in order to promote high quality urban design. From time to time the Executive Duector may propose, and the Redevelopment Agency may adopt, design guidelines to assist in the review of applications. .040 Legal Nonconforming Uses. 0401 A legally created use in existence upon the date of adoption of this Chapter which is prohibited by this Chapter will not be subject to the provisions of subsection 18.02.058.014 of the Code, provided that such use has been continuously in operation since the adoption of this Chapter. .0402 A legally created use in existence upon the date of adoption of this Chapter which (1) is prohibited by Section 18.100.090 of this Chapter (Prohibited Uses and Structures) and (2) was approved subject to a time limitation, shall be eligible for reinstatement pursuant to the provisions of 18.03.093 notwithstanding the requirement of Section 18.03.093.040.041 that before a conditional use permit maybe reinstated, a finding must be made that the use is one for which a conditional use pemtit is authorized. 18.100.040 FINAL PLAN REVIEW AND APPROVAL. .010 Review and Approval .0101 Prior to issuance of a grading permit for a Planned Mixed Use Development in the DMU Overlay Zone, Final Plans, including, but not limited to, site plans, preliminary landscape plans, pazlcing, pedestrian and vehicle circulation plans including access to adjoining publicrights-of- way, and such other-plans and information as maybe required by the Planning Director or the Planning Director's designee and/or the Planning Commission, shall be prepared and submitted to the Planning Department for review and approval by the Planning Commission as a'Reports and Recommendations' item in accordance with the procedures and containing the information set forth in the Final Plan Review Application, as adopted by resolution of the Planning Commission and on file with the. Planning Department. If the Final Plans aze found to be in conformance with the provisions of this Chapter, the Final Plans shall be approved. The Planning Commission's decision shall be fmal unless appealed to the City Council within fifteen (15) days from the date of such decision. .0102 Prior to issuance of a building permit for a Planned Mixed Use Development in the DMLT Overlay Zone, Final Plans, including, but not limited to, site plans, floor plans, elevations, roof and ground-mounted equipment plans, sign plans, landscape plans, fence and wall plans, pazking, pedestrian and vehicle circulation plans including access to adjoining public rights-of--way, exterior lighting plans, line-of-sight ._. drawings, and such other plans and information as may be required by the Planning Director or the Planning Director's designee and/or the Planning Commission, shall be prepazed and submitted to the Planning Department for review and approval by the Planning Commission as a'Reports and Recommendations' item in accordance with the procedures and containing the information set forth in the Final Plan Review Application, as adopted by resolution of the Planning Commission and on file with the Planning Department. If the Final Plans aze found to be in conformance with the provisions of this Chapter, the Final Plans shall be approved. The Planning Commission's decision shall be final unless appealed to the City Council within fifteen (15) days from the date of such decision. .020 Final Plan Exemptions. The following aze exempt from the Final Plan review and approval process: .0201 Interior building alterations, modifications or improvements which do not result in an increase to the gross squaze footage of the building and which do not increase the pazlting requirements. .0202 Minor building additions or improvements to or at the reaz of a building or development complex which aze not visible to public rights-of--way; do not exceed five percent (5%) of the gross squaze footage of the existing buildings or one thousand (1,000) squaze feet, whichever is less and which do not increase the pazlting requirements. .0203 Landscape improvements or modifications which aze not in connection with building modifications that require Final Plan review and approval. ,030 Planning Department Review of Exemptions. Plans for projects which aze exempt from Final Plan review pursuant to subsection 18.100.040.020 shall be submitted to the Planning Director or his or her designee for a determination of conformance with the provisions of this Chapter prior to issuance of a building permit or approval of landscaping plans. .040 Environmental Review. Notwithstanding any other provision ofthis-Chapter, Final Plan review by the Planning Commission under subsection 18.100.040.010 'Review and Approval' shall include a ministerial determination whether the proposed building, structure or use has been environmentally cleazed on a project- specific level by the Environmental Impact Reports for the Disposition and Development Agreement between the Anaheim Redevelopment Agency and Koll Anaheim Center Associates, Resolutions 90R-13 and ARA 90-1, adopted January 9, 1990, Subsequent Environmental Impact Report for Pazcels 8 and 9 by Agency Resolution ARA-83-84, adopted November 8, 1983, Supplemental Environmental Impact Report for Project Alpha, Pazcel 10 by Agency Resolution ARA-83-85, adopted September 6, 1983, and Final Subsequent Environmental Impact Report 4 for the Second Amendment to the Redevelopment Plan for Project Alpha by Agency Resolution ARA 76-38, adopted November 23, 1976, and/or other fmal" environmental documentation for projects in the DMU Overlay Zone. If prior environmental documentation is not adequate to environmentally cleaz the proposed use or project, an initial study shall be prepazed and any necessary further environmental review and mitigation shall be provided pursuant to the procedures outlined for subsequent projects under a Master E.LR. in Public Resources Code Section 21157.1. .050 Appeal of Planning Commission Action. An appeal shall be processed in the same manner as appeals for decisions regarding reclassifications, conditional use permits and variances as set forth in Sections 18.03.080 through 18.03.084 of this Code except that the appeal period shall be fifteen (15) days. .060 Development Review and Permits .0601 Community Development Department and Building Division Review. Prior to commencing any work pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure within the DMU Overlay, all building and site plans shall be subject to design review by the Community Development Department, as well as review by the Building Division. The Community Development Department will review project design and seek to ensure compatibility of the project with the scale and quality of development within the DMU Overlay Zone. The Commuruty Development Department will make recommendations regazding project design to the Planning Commission for consideration in connection with the Planning Commission's decision on the final plan review or conditional use permit. .0602 Impacts on Existing Buildings and Structures. Where there aze existing buildings and structures on a site for which more intensive development is proposed under the provisions of the DMU Overlay Zone, no building permit shall be issued until the Building Division Manager and the Fire Chief have certified that the existing buildings. and structures aze safe for occupancy and for human habitation. .070 Landscape Plan Review. The location of all proposed on-site and off-site landscaping including imgation facilities, and landscaping within the pazkway azea (the azea within the ultimate street right-of--way as described in the Circulation Element of the Anaheim General Plan), shall be shown on a site plan, drawn to scale, and .shall be subject to review and .approval by the Planning Department prior to installation. Such plans shall be consistent with Final Plans approved pursuant to subsections 18.100.040.010 'Review and Approval' and 18.100:040.050'Appeal of Planning Commission Action' of this Chapter. 18.100.050 PERMITTED PRIMARY USES AND STRUCTURES Subject to the provisions of the DMU Overlay Zone, the following primary uses, buildings and structures, either singly or in combination, shall be permitted in the DMU Overlay Zone: .010 "Planned Mixed Use Development." A'Planned Mixed Use Development' shall consist of mixed-use projects including attached one-family dwellings, multiple- family dwellings, condominiums, apartments, stock cooperatives, townhouses, rowhouses, lofts, home occupations, residential planned unit developments, senior citizen apartments (subject to the requirements of Chapter I8.94 of this Code), or other forms of clustered residential dwellings, combined with any of the Non- Residential Uses listed in subsection .020 hereof. Other uses may include Permitted Accessory Uses and Structures in Section 18.100.060 of this Chapter, and Conditional Uses and Structures as set forth in Section 18.100.080 of this Chapter. A 'Planned Mixed Use Development' shall have a comprehensive site plan. Such a development may consist of one (1) or more pazcels or lots. Pazcels without frontage on a public street will be permitted if the appropriate easements, as required by the City Public Works Department, are recorded to provide adequate and safe vehicle and pedestrian access between all pazcels, and between all pazcels and adjoining publicrights-of--way. The design of buildings, signs, landscaping and other structures or elements shall feature a unified and integrated theme. All vehicle access shall be from a vehicle circulation system designed and improved in accordance with the applicable City Engineering Standazds. Maximum building and pazking structure heights, minimum recreationaUleisure azea, maximum density, setbacks, maximum lot coverage, floor azea ratio, minimum lot size, and minimum dwelling unit size for the residential units, shall be determined by the final plan review process. The development will typically include shazed vehicle and pedestrian circulation, shazed parking, and common azeas such as landscaping. Unsubordinated"Covenants, Conditions and Restrictions ('CC&R's'), as required and approved by the Planning Department and Public Works Department, and further subject to approval by the City Attorney, shall be recorded prior to issuance of a building permit or prior to approval of a final subdivision map, whichever occurs first, to provide for the common maintenance of all exterior elements including, but not limited to, access ways, parking azeas, landscaping, irrigation facilities, signs and other common amenities or features. .020 Permitted Non-Residential Uses. Permitted non-residential uses contained within a Planned Mixed Use Development may include the following: .0201 Accounting, bookkeeping, CPA firms, and temporary CPA firms. 0202 Advertising agencies. .0203 Antique shops. 6 0204 Appraisers. 0205 Art, music and photography studios. 0206 Bakeries, confectioneries, and donut shops. .0207 Banks and financial firms. .0208 Bazbers, beauty shops, and nail salons. .0209 Book stores. .0210 Brokers offices, including but not lirriited to real estate and business oppor~huiities. .0211 Business systems companies. .0212 Clothing and shoe stores. .0213 Communication consultant offices. .0214 Computer analysis firms. .0215 Confectionery and candy stores. .0216 Credit reporting agencies. .0217 Designer offices: industrial, interior, graphic. .0218 Drugstores and pharmacies. .0219 Dry cleaning (drop-off and pick-up convenience center without on-site dry cleaning) businesses. .0220 Facility maintenance and planning firms. .0221 General professional business offices. .0222 Gift shops. .0223 Health clubs, health spas, day spas, and physical fitness facilities (of 4,000 squaze feet in gross floor azea or less). .0224 Hobby shops. .0225 Insurance companies and agencies. 7 .0226 Inventory services. .0227 Jewelry s :__. .0228 Leasing companies. .0229 Management consultants and management companies. .0230 Mazkets or grocery stores over fifteen thousand (15,000) square feet. .0231 Mazketing reseazch firms. .0232 Medical and dental offices. 0233 Museums and art galleries. .0234 Outdoor seating or dining. .0235 Personnel agencies. .0236 Postal or mailing services. .0237 Real estate development companies. .0238 Sales offices. .0239 .Secretarial and business services. .0240 Restaurants: full-service, coffee shops, sandwich shops, and delicatessens. .0241 Video, DVD, music, and electronics rental or sales stores. :0242 Uses or activities not listed, nor specifically prohibited, in this Chapter which aze determined by the Planning Commission to be compatible with the intended purpose of the DMU Overlay Zone. 18.100.060 PERMITTED ACCESSORY USES A1VD STRUCTURES The following accessory uses, buildings and structures aze permitted only when they aze integrated with a Planned Mixed Use Development, and clearly incidental to, permitted primary uses: .010 Administrative, maintenance, and/or indoor storage facilities necessary to support the operation of permitted primary uses. 8 .020 Amusement devices, subject to the provisions of Chapter 4.14'Amusement Devices' of this Code. .030 Gazages, carports and utility rooms or structures. .040 Home occupations, subject to the provisions of Section 18.02.052.042 `Home Occupations' of this Code. .050 Parking structures and pazking lots. .060 Pedestrian amenities such as outdoor seating, outdoor plazas, covered walkways, and fountains. .070 Porte-cocheres. .080 Recreational buildings, structures and uses, including but not limited to, swimming pools, cabanas, dressing rooms, golf courses, putting greens and court game azeas. .090 Restaurants, fast food and walls-up, enclosed or semi-enclosed. 100 Signs subject to the provisions of this Chapter. .110 Telecommunications facilities that aze completely screened from view or disguised as anintegral azchitectural feature. .120 Thematic elements, such as three-dimensional objects ornon-occupiable structures, including gateways, towers, public art displays, monument, fountains, sculptures, spires, and similaz azchitectural features. 18.100.070 PERMITTED TEMPORARY USES AND STRUCTURES The following temporary uses, buildings and structures shall be permitted where integrated within a Planned Mixed Use Development, subject to the conditions and limitations of the DMU Overlay Zone: .010 Construction office trailers, where the appropriate permits have been obtained from the City. :020 Grand opening banners, where the .appropriate permits have been obtained from the City. .030 Open air festivals, where the appropriate permits have been obtained from the City. Open-air festival includes an outdoor event oriented to tourists and visitors, and may include a public gathering, speech, concert, presentation, or show. rs.loo.oso corma~><orraL usES arm s~rRUC~suREs The following uses, buildings and structures shall be pennitte~ :> There integrated within a `Planned Mixed Use Development' as defined in subsection 18.100.050.010 of this Chapter, and shall further be subject to the conditions and required showings of Section 18.03.030 'CONDITIONAL USE PERMITS (C.U.P.'s) -GENERAL' of this Code. The site development standazds of this Chapter shall apply except as otherwise provided herein or as specifically approved in conjunction with a conditional use permit. .010 Amusement device azcades, subject to the provisions of Chapter 4.14, entitled "Amusement Devices," of this Code. 020 Banquet halls. 030 Bars, nightclubs, and public dance halls. .040 Bowling, pool, or billiazd centers. .050 Breweries, including the on-premises sale and consumption of beer or ale. .060 Business, vocational, trade schools and training centers. .070 Carts and kiosks, provided that if food service is proposed in a cart or kiosk, the application for a conditional use permit shall include a complete description of how food products will be refi-igerated and/or heated, and how utensils, appliances and equipment will be cleaned. .080 Churches or other religious institutions. .090 Computer rental/intemet amusement businesses. .100 Conversion of existing structures into Planned Mixed Use Development projects or other similaz mixed uses, except those listed in Section 18.100.090 (Prohibited Uses and Structures), based on project-specific features and conditions. 110 Day caze facilities with eight (8) or more children. 120 Health spas and physical fitness centers (of four thousand [4,000] square feet in gross floor area or lazger). 130 Hotels. 140 Laundry, self-service establishments. 150 Liquor stores. 10 .160 Mazkets or grocery stores having an interior building floor area of less than fifteen. thousand (15,000) squaze feet. 170 Private educational institutions. .180 Private lodges, clubs, fraternities and sororities. .190 "Residential or Group Caze Facilities," as defined in Section 18.01.190 of this Code, for seven (7) or more residents, subject to the criteria and .standards in Section 18.04.160 of this Code. .200 Sale of alcoholic beverages for on-premises consumption and/or off-premises consumption, except as otherwise expressly permitted in this Chapter. .210 Telecommunication facilities other than those listed in Section 18.100.060.110 of this Chapter. .220 Uses or activities not listed, nor specifically prohibited, in this Chapter which aze determined by the Planning Commission to be compatible with the purpose and objectives of the DMU Overlay Zone. 18.100.090 PROHIBITED USES AND STRUCTURES The following uses, buildings and structures shall be prohibited in the DMU Overlay Zone in a Planned Mixed Use Development: .010 Animal grooming; animal hospitals. ,020 Billboazds, as described in subsection 18.05.020.010 of this Code, and other off- site advertising. .030 Bus depots. .040 Drive-up ordrive-through services associated with any commercial use. .050 Dry cleaning establishments with on-site dry cleaning. .060 Motels. .070 Mortuaries. .080 Outdoor storage. 090 Pawnshops. .100 Saunas or Turkish baths. 11 110 Sex-oriented businesses, as defined in subsection 18.89:020 F of this Code. 120 Tattoo pazlors. 130 Thrift stores. 18.100.100 DESIGN GUIDELINES Design Guidelines for Planned Mixed-Use Developments aze necessary to preserve the community health, safety and general welfaze; promote developments that combine residential with non-residential uses; encourage a full array of diverse land use types and structures; create an active street life; encourage pedestrian activity; ensure that the appeazance of buildings, improvements, and uses aze harmonious with the chazacter of the azea in which they aze located; and promote the safe and efficient circulation of pedestrian and vehiculaz traffic. Innovative project design, pazticulazly involving in-fill development and reuse of existing structures, is encouraged. The Planning Commission and/or City Council may deviate from the Design Guidelines based on existing lot, site, or building configuration, compatibility of adjacent uses, and the inclusion ofpedestrian-oriented space or amenities along the street side. The Guidelines will be applied and evaluated on a case-by-case basis during the Design Review Process for the Final Plan Review. The Guidelines aze intended as basic principles for achieving high-quality Planned Mixed Use Developments within the Downtown Area, and shall be adopted by Resolution of the Planning Commission and/or City Council. 18.100.110 REFUSE STORAGE AREAS Storage areas for Planned Mixed Use Developments shall conform to the standazds set forth in the document entitled "Refuse Container Enclosure for Multiple-Family Residential, Commercial, and Industrial Use"(Form 139) on file with the City of Anaheim or as otherwise approved by the Director of Public Works, with the additional requirement that the refuse storage facilities for residential and non-residential users shall be maintained as sepazate facilities and shall not allow commingling of the separate facilities. Said storage azeas shall be screened from adjacent public or private rights-of--way, streets, .alleys, or highways. 18.100.120 SCREENING OF EQUIPMENT All storage and mechanical equipment for Planned Mixed Use Developments shall be enclosed or completely screened from view from public rights-of--way and any residential units, whether on or off-site. In addition, roof top equipment shall be screened from view or integrated into the building design to prevent unsightly views from neazby high-rise buildings. 18.100.130 VEHICLE PARHING REQUIREMENTS .010 Parking Demand Study. Due to variations in parking demand and needs of each Planned Mixed Use Development, vehicle parking requirements and the design of the pazking azeas, including ingress and egress, shall be determined as part of the final plan review by the City Traffic and Transportation Manager and/or Planning 12 Commission based upon information contained in a pazking demand study prepazed by a California licensed, independent traffic engineer, as approved by the City Traffic and Transportation Manager. The pazking demand study shall be prepazed at the developer's expense and provided at the time of application for the use. .020 Minimum Parking Requirements for Residential Uses. Vehicle pazking requirements in Chapter 18.06 of this Code shall be used as a guide in determining parking need. However, a minimum of one (1) designated pazking space for each residential unit shall be required. .030 Designation of Parking for Residential and Non-Residential Uses. Pazking spaces specifically designated for non-residential and residential uses shall be mazked by the use of posting, pavement markings, and/or physical sepazation. Pazking design shall also consider the use of separate entrances and exits, or a designated lane, for residents, so that residents aze not waiting in line behind non- residential drivers. Pazking structures shall be architecturally integrated with the project design. 18.100.140 SIGNAGE Proposed signage for a Planned Mixed-Use Development shall be submitted as a specific comprehensive sign program exhibit in conjunction with the fmal plan review application. The provisions in Chapter 18.05 of this Code (except Section 18.05.064 of this Code) shall not apply to Planned Mixed Use Developments within the DMU Overlay Zone.. Notwithstanding the foregoing, roof signs incorporated into historically appropriate designs may be permitted. Signage shall be approved on aproject-by-project basis. 18.100.150 DEDICATIONS AND 11VYPROVEMENTS Dedications of streets, public utility easements and other public works and improvements shall be required in connection with any work pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure within the DMU Overlay Zone in accordance with the provisions of Section 18.04.080 of this Code. SECTION 2. SEVERABILITY The City Council of the City of Anaheim hereby declazes that should any section, pazagraph, sentence or word of this ordinance of the Code, hereby adopted, be declazed for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declazed invalid. 13 SECTION 3. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof The provisions of this ordinance, insofaz as they aze substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION d. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollazs ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, fum or corporation shall be deemed guilty of a sepazate offense for each day during any portion of which .any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided for in this ordinance. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim thisl9.'day of puq~t , 2003 MAYOR OF THE TY OF ANAHEIM ATTE/~ST~ ~C_L~Li lu 10 ~L~.LB _%~/~ TY CLERI OF ~ CITY OF ANAHEIM 50094.51SMANNUuIy 28, 2003 14 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5871 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 5th day of August, 2003, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 19th day of August, 2003, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Pringle, Tait, Chavez, McCracken, Hernandez NOES: MAYOR/COUNCIL MEMBERS: None TEMP ABSENT: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: None E~,.~? ITY CLE OF HE CITY OF ANAHEIM (SEAL) / ST. CYPRESI~ ~ ~ N m n `" 2 ' o $ v mO p o a Y 6 Rp6 G\S9 / 1 r Y~ O GG Attachment A Legal pescription and Depiction of DMU Overlay Zone Property P° ` ~ ~~ G V.1669 ] PGA OGGtG£OIGG' ~Gp~e'L V•p6 \G BELL G p~N P f PPL\F pVKMG ~~Np 3 O 64T6di O .. RGl BS66.90 Z LG C1 .. RF4\Pn T UP 156] N y.\54°~ ~ 0.cLt jsF Z G 1214 ~\ OGPL- G V~CP .\ VPVR\U ~ BIOG ~ .... O SEN HOVE\~ Z y.t945 LL ]] Z \N~ B N RCL0001pig5 T yR\]0 -1 T.LVP~U\.BLyi VAR'YEO (~ RLL v0'~9t W VM1V.GE ,A J~ Lli 160 ' e 4 (~ \ Bt ~ cyG ~ji T V pE5\ W ~42BB \ 46 '~ Ca U !F\GE C'CJO~j 10\.t9.]t CL -0G]B9 ~ LL eng} GG C' 'RGI, 609 PG1266] p ONPNMERCE \ P ] ~GNTE~cz ~OF LG VIRµµE~ G1TTW C RLL1 ap e~e+ ITEM N0. 1-0 RM-1200 i~ ~ ~ ~J RCL 68-69-86 VAR 4111 VAR 3470 NUTWOOD RM-1200 APARTMENTS RCL 66-fig-86 (1) 26 UNITS CUP 1366 HERITAGE VILLAGE RM-121 TOWNHOUSES RS-A-43,000 97 UNITS 1 Du RM-121 Q RS-7200 y ~ 1 DU EACH RS-7200 W W ~ RM-120 I' TAMARAI ANF p CL O RCL 65-66-14 CL o CUP 724 RCL 65-6636 {{S-- VAR 3590 R5-7200 cuP tOSt 1 DU EACH CUP 1076 RCL~7( ~ GPC 2003-00031 VACANT RCL6 Z (67-68-7) -., ~ KATELLA PLAZA CL 1 I CL CL ~- RCL 666-14 CL CUP 146 RCL CL ~" ~ ~ CUP 7241 KATELLA PLAZA 66-66-38 RCL ~ SMALL COMM.SHO S RCL: 0 General Plan Conformity No. 2003-00031 Requested By: PATRICIA McCAUGHEY Subject Property Date: November 17, 2003 Scale: 1" = 200' Q.S. No. 50 REQUEST TO DETERMINE CONFORMANCE WITH THE ANAHEIM GENERAL PLAN FOR THE PRPOPOSED LEASE OF COMMERCIAL SPACE FOR THE OPERATION OF THE ORANGE COUNTY DEPARTMENT OF EDUCATION'S ALTERNATIVE, COMMUNITY AND CORRECTIONAL EDUCATIONAL SCHOOLS AND SERVICES (ACCESS) PROGRAM. 1895 West Katella Avenue 1066(2003-11-12) _ _ _ _ ^~ _ _ _A_NA_HEIMCfT_YL_IMITS KATELLA AVENUE GARDEN GROVE CITY LIMITS v _ ~ ~ ~~ s ~ e "~ Supersedes letter dated August 20, 2003 (714)966.4000 PAX pt al sez~s~o www.ocda.kl2.caus Wl. NA@ ~m ~~Imttt~trc of Schema LYNN APRIL HARTLINE Deputy Superintendent JOHN L NELSON Associate Supedntendenl COOIMiY BDAR9 ~ ERIC&i~N DR. JOHN W. BEOELL CR. ALEXANDRIA CCRCNADO ELIZABETH PARKER FELIX ROCHA, JR OR. KEN L, WILLIAMS November 4, 2003 Mary McCloskey Deputy Planning Director City of Anaheim 200 South Anaheim Bivd. Anaheim, Ca Re: Letter of Operation Dear Ms. McCloskey: ATTACHMENT - ITEM N0. R&R 7-D The purpose of this letter is to formally request approval by the City of Anaheim Planning Commission to allow the Orange County Department of Education to lease approximately 5,666 square feet of office space located at 1895 West Katella .street, Anaheim, CA to operate our Alternative, Community and Correctional Educational Schools and Services (ACCESS) Program. Orance County Department of Education; The Orange County Department of Education is a public education organization based on fundamental human values of honesty, commitment, responsibility, respect, integrity and professional ethics. Our priority is service to students, districts and the community who look to us for support and educational leadership. We provide direct service programs to over 160,000 students residing throughout Orange County. We are dedicated to providing students a word class education that emphasizes curriculum .standards-based skills in a safe and orderly learning environment. We serve as a connecting agency among Orange County school districts, community districts, local, state and federal governmental agencies, and community agencies. Our students attend the fallowing county-operated programs and services: Alternative and Correctional Education, Outdoor Science, Regional Occupational Program, Special Education, and Students Programs. cq~bt S'00Z-90-f10N Page 2 Mary McCloskey City of Anaheim Prooram Detail; The ACCESS Program provides year-round educational ;options through curriculum offerings aligned with local school districts and with the California State Frameworks and Standards. We provide educational options to diverse student populations referred 6y Orange County school districts, community school districts, local, state and federal governmental agencies, community agencies and the Orange County Probation Department. We provide a variety of learning strategies (e.g., directed study, differentiated instruction, and ,mastery learning) to at-risk students residing in various communities throughout Orange County who are in danger of dropping out of school. We have provided critical educational services to students residing in the City of Anaheim who are not currently attending school in their local school district since the late 198D's. Prooosed Prooram: The proposed educational center will provide. counseling, tutoring and individualized instruction for students ranging in grade level 6 to 12 and cover the distribution curve from high to low skill levels. The educational center will house approximately 5 teachers and 75 students and operate year round during the hours of 7:30 a.m, through 3:30 p.m. Monday through f=ridgy. All activities will occur inside the educational center. We provide close supeniision of our students and enforce a strict dress code. The majority of students attending the education center are under the age of 16. Most of these students live within walking distance of the proposed site. The students will either walk, bike, utilize public transportation or on a limited basis be transported by their parents or guardians to the school site. Students attend four-hour sessions that are staggered throughout the school day. The staff will require six (6) parking spaces daily with an additional four spaces for visiting administrators, counselors, and .resource teachers. The teaching staff consists of four (4) Day School Teachers who carry a maximum of seventeen (17) students per union contract. There will be one (1) Contract Learning teacher assigned to the site. This teacher will meet with each student on an individual basis•once a week. Property Description: Site Address: 1895 W. Katella Avenue, Anaheim Primary Owner: Nigogosyan Trust Legal Description: P BK 26 PG 18 PAR 1 At-bt sAA~-g0-noN b0'd ~Fi101 Page 3 Mary McCloskey City of Anaheim Parcel Number: Map Grid: Census Tract: Zoning: Lot Size: Year Built: No. of Buildings: 12.856140 798-E2 088301100 C-1 20720 1965 1 If you have any questions, or need more information, please feel free to contact me at (714) 966-4085. Sincerely, `~ Patricia McCaughey. Coordinator, Contracts & Purchasing co: R. Martin Fi. Moore - OT:bT £00E-90-(lON I TEt1 N0. 2 'Staff Report to the Pianning' Commission Novembe[ 17, 200& 'item N¢ 2 2a.' CEQA NEGATIVE DECLARATION (Motion) 2b.°' ,WAIVER OF CODE REQUIREMENT (Motion) 2a " CONDITIONAL'USEPERMIT NO 2003-04693 (Resolution) ; . SITE LOCATION AND DESCRIPTION`. (1) This irregularly-shaped 3.1-acreproperty has a frontage of 545 feet on the south side of 'Canyon Rim Road, a' maximum depth of 295 feet and is located 180 feetwest of the+ centerline of Fairmont Boulevard (6920: East Canyon Rim Road - AT&T Wireless). REQUEST: (2) The petitioner requests approval of a conditional use permit under the authority of Code Section 1821.050;125 to permit a telecommunications antenna and microwave dish' on an existing electrical transmission tower and accessory ground-mounted equipment with waiverbf the following: SECTION N0. 18.21`.063.010 ' Minimum front yard setback ((DELETED) BACKGROUND: (3) This item was continued from the September 22, October 6 and October 20, 2003, Planning Commission meetings to allow for the petitioner to relocate and redesign the accessory ground-mounted telecommunications equipment shelter. (4) This property is developed with two lattice tower structures on a Southern' California'Edison easement with the remainder of the property being vacant. The property;is zoned RS-A- '43,000 (SC) (ResidentiallAgricultural; Scenic Corridor Overlay):. In addition, there are two 'existing telecommunications facilities located on these lattice towers witfi two accessory equipmentshefters located on the property as well `The Anafteim General Plan Land Use 'Element Map designates this property for General Open Space`land uses' and further designatesthe surrounding properties as follows: Open Space to the north (across Canyon Rim Road); Hillside Low Density Residential to the east and west, and Golf Course and General Open Space to the south. PREVIOUS ZONING ACTIONS: (5) The following zoning actions pertain to this property:; (a); Conditional Use Permit No. 4047 (to permit a telecommunication antenna on an existing lattice tower structure and ground-mounted accessory equipment) was'approved by the Planning Commission on November 9, 1998, (b) Conditional Use Permit No. 2002-04507 (to permit a telecommunications antennaand ' microwave dish orf an existing electridaf transmission tower and accessory ground- mounted equipment) was approved bythe Planning Commission on March 11, 2002. PROPOSAL: (6) The petitioner proposes to construct a telecommunications facility consisting of three (3) sectors (with two panel antennas per sector) on an existing 162-foot high Edison transmission towed This request also includes expansion of an existing ground-mounted accessory equipment building Jocated near the tower. Sr8fi43vna.doc "Page 1 'Staff Report to the "Plann ing; Commission ' November 17, 2003 Item No. 2 lease the property with 24 hour access; (3) ability to construct the facility on the site; and, (4) abilityYoprovide adequate radio coverage to connect to surrounding sites. The ' ' petitioner indicates that this proposed candidate best: satisfied the search location critefia while minimizing the need to construct additional facilities. Additionally, this'location was found to be the mostreasonatile for the proposed facility when taking into consideration the residential nature of the area and the limited siting opportunities'in non-residential areas. (16) The Planning Department continues to discourage unscreened telecommunication facilities due to the significantcumulative visual impact on the commuhity as a whole. Staff feels that "stealtfi" installations are thebest alternative to'decrease`visual clutter and preserve the aesthetic quality of the community. However, due to the topography,'.visibility from Canyon Rim Road is minimal arid placement of the antennas oh the tower would not: significantly contribute to the visual clutter of the towers, These antennas would be painted to match the legs of tfie tower, and therefore, would be less visible and blend into the' framework of the tower. Therefore, Staff recommends a royal bf this request. FINDINGS: (17) Before the Planning Commission grants any Conditional Use Permit, it must make a finding of fact thatithe evidence presented shows that all of the following conditions exist: (a) Thaf the proposed use Is' properly one for which a Conditional Use Permit is authorized by he Zoning Code, or that said use is not listed therein as being a permitted use;' (b) Thaf the proposed use will not adversely affect the adjoining land uses and the growth and developmentof the area in whicfi it is proposed to be located; (c) Thatthe 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 norto 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 conditionaluse permit under the conditions imposed, if any, ' I will not be detrimental tb the peace., health,'safety and general welfare of the i citizens of the City of Anaheim. RECOMMENDATION: (18) Staff recommends that unless additional or contrary ihformation 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 writtert evidence presentedat the public hearing that Planning Commission take the following actions: i (a) By motion, approve a CEQA Negative Declaration. (b) By motion, derv the requested waiver since the waiver is not necessary to construct this proposed facility. (c) By resolution, approve Conditional Use Permit No. 2003-04693 (to permit a telecommunications antenna and microwave dish on an existing electrical `page 4 Staff Report to the Planning Commission November 17, 2003> 'item No.2 transmission tower with accessory'ground-mounted equipment) based on the :following: (i) ' That the proposed telecommunications facility is properly one far which a conditional use'permit is authorized; and, that as conditioned herein; would not adverselyaffect the adjoining land uses and the growth and development of the area in which it is proposed to be located. Further, the equipment shelter would be screened from the public right-of-way by landscaping and the antennas would'be painted to match`the existing tower structure; (ii) `, 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 nor to the peace, health, safety, and general welfare. The site currently contains Soutftem California Edison electrical,towers which allow opportunityfor the co-location of telecommunications facilities on the existing: tower without building separate facilities, thereby minimizing impacts td the surroundings; (iii)y That since this is an unmanned facility with infrequent maintenance, traffic generated by the proposed use would not impose an undue burden upon the streets and; highways'designed and improvetl to carry he traffic ih the area;: and (iv)? That the granting of the cortditional use permit under the conditions imposed wduld not be detrimental o the peace, health, safety and'general welfare of the citizens of the City ofAhaheim and further contributes to an essential and effective wireless communication network ystem. THE FOLLOWING CONDITIONS'ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS AN INTERDEPARTMENTAL COMMITTEE AND ARERECOMMENDED FOR ADOPTIONBY:THE PLANNING' COMMISSION'IN THE EVENT THAT THIS PERMIT' IS'APPROVED. L !That this permit shall expire five (5) years from the date of this resolution on November 17, 2008, 2. 'That the telecommunications facility shallbe limited to 32'2" feet in height, with 3 sectors consisting of 2 panel antennas per sector with dimensions of 5%: feet in ength by 8 inches in width and 2 inches >' thick on the existing tower; and a 24-incfi diametermicrowavedlsh at a height of 26 feet on the tower, and accessory ground-mounted equipment °Said information shall be specifically shown on plans submitted for building permits. No additionafantennas or equipment cabinets shall be permitted without the approval of the Planning Commission. 3. That the antennas shall be finished and painted to match the existing lattice tower structure. if the finish or'color of thelattice tower is modified, the antennas shall be modified accordingly. Said information shall be pecifically shown on plans submitted for building permits. 4. > That the portion of the property being leased to the telecommunication provider sftail be permanently maintained in an ortlerly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffitiwithin twenty-four (24) hours from time of occurrence. 5. That no sgnage, flags, banners, or any other form of advertising shall be attached to the antennas, the transmission tower structure or the accessory equipment building. ' 6. That the cable connecting the equipmeht shall be underground and shall not be visible to the public. Said ground-mounted equipment shall match in color and texture the adjacent block wall and shall be -specifically shown on plans submitted for building; permits. ! Page 5 `Staff Report to the Planning Commission November 17, 2003` Item No 2 7. That thepperator shall ensure. that its installation and choice of frequencies will not intertere with the 800 MHz radio frequencies required by the City of Anaheim to provideadequate spectrum capacity for Pu61ic Safety and related purposes. 8. 'That at all times, other than during the 24-hour cure period provided in Condition No. 10 below, Operator shall not prevent the City of Anaheim from having adequate spectrum capacity on City's 800 MHz radio frequency. 9, < That before activatirig its facility, the Operator shall submit to apost-installation test to confirm that the facility does ndf interfere with the City of Anaheim's Public Safety radio equipment. Thistest shall be conducted by the Communications Diuision of the Orange County Sheriffs Department or a Division-approved`contractor at the expense of Operator. 10;' That the. operator shall provide a 24-hour phone number to which interference problems may be reported, and shallresolve allinterterence complaints within 24 hours. 11: That the operator shall provide a "single point of contact" in its Engineering and Maintenance:: Departments to ensure continuity on alPihterterence issues, The name;: telephone number, fax number and a-mail address of that person shall be provided to City's designated representative. 12 That the operator shall ensure that any of its contractors, sub-contractors or agents, or any other user of the facility, shall comply with the erms and conditions' of this permit. 13:' That additional landscaping in the area df the equipment shelter shall be provided and indicated on building plans submitted for review and`approvalby the Zoning Division: The on-site landscaping plan shall include type, size and location' of planting materials intended to screen the equipment enclosure. Once approved, the landscaping shall tie installed and maintained in accordance with the plan and the irrigation systemshall be maintained to compliance with City standards. 14. That landscaping shall be maintained and immediately replaced in the event that if becomes diseased or dies. 15 That gratling shall conform to requirements of Chapter 17.06 of the Anaheim Municipal Code: The ` Public Works Department, prior to construction, must approve the grading plan, 16: 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 marked Exhibit Nos. 1 through 6 ,and as conditioned herein: 17: That prior to issuance of a building permit, or withiri a period of one (1) year fromthe date of this resolution, whichever occurs first, Condition Nos: 2 3, 6, 10; i1, 13 and,15, above-mentioned, shall be complied with. 'Extensions for further ime to complete said conditions may be granted in accordance with Section 18:03.090 of the Anaheim Municipal.Code. 18.' That prior to final building and' zoning inspections, Condition No. 9 and 16, above-mentioned; shall be complied with. 19.+ That approval of this application constitutes approval of the proposed request only to the extent that it complies with the'Anaheim Municipal Code and. any other'applicable City, State and Federal regulations. Approval does not include any action cr findings as to compliance or approval of the ':request regarding any other applicable ordinance,: regulation or requirement. Page 6 ITEM N0. 3 RS-HS-22,000 RCL 72-73-51 (4)_ ~ ~ RS-HS-22,000 \ \\, 74-75-14 \I U % \ RS-HS-22,000 CL 72-73 7 ~ 74-75-13 \ / W I RCL 72-73-51 (29) RC P 7 L 72-73-51 (22) R RCL 72-73-47 ~P`Ep~~N% ~( ' \\ _ ~ ~DU EACH ~ Z i \\ . ~ \ \ RS HS 2~ /p/ ~ \ RS-HS-22,000 VAR 4279 O \\RCL 72-7.<.:.. RCL 72-73-51 (5) \ ( ~ ( / RCL 72-73-07 y \\FN ~~'~--"~-'~( ADJ 0009 1 DU EACH ~ ~~ CIRCLE 1 DU 3 \ \ \ ~1213-p \ RS-HS-22,000 ~G G \ RCL 72-73-51 \ \ RS-HS-22.000 P \ ~ \ ~_ RCL 72-73-47 1 DU EACH SP 87-1 n 1 RCL 72-73-51 (fi) \\ \ RCL 70-71-33 1 \ RCL 72-73-07 1 1 Du EACH RS-HS-22,000 \ \ \ VAR 4017 1 1 RCL 72-73-51 (25) \ \ \ OPEN SPACE 1 RCL 72-73-07 \ ~ \ \ 1 DU EACH \ \ r MOHLER DRIVE Rs Hs-22,000 `RCL 7237377) ~~ `'+AF~" "" 9 Aq,.V'. ~ RS-22,000 ~~~ 1 DU RS-HS-22,000 0. '!'j.\ RCL 72-73-51(36) ~% ' RCL 72-73-51 (39) " \l1 2 RCL 72-73-47 ~ ' ~ RCL 72-73-47 - ~ \ ~" VAR 2003-04574 / ~~ ~ ~~ ~ t 1 DU b ' VAR 3826 ~~~~ '~~ N ~ ~ " ~N (VAR 3726) VACANT P ~P ~ ~ ~~~ , - V ~ 5 _ Gin-o RS-HS-22,000 r°o N RCL 72-73-51 ~ RCL 72-73-47 1 DU EACH ~ / ' ~ i .. i I \ ' \ T ~ Q ~~ \~?~ 'F _~ RS-HS-22,000 m `~ ~ ~ Fy RCL 72-73-51 RCL 72.73-07 y ' ?~ °o ".P' .O \ RS-HS-22,000 VACANT , o N ____ \ _ -'-' RCL 72-73-51 (3fi) m ~~__ - -~ ~~ RCL 72-73-47 ~~ ~~ VACANT ~~ ~ ~~ ~ ~ ~ VACANT ~ ~ n \\ \ \ r RS-HS-22,000 \ \ N RCL 72-73-07 \ V-4473 ADJ0059 w 1 \ RS-HS-22,000 m ` RCL 72-73-51 ~\ RCL 72-73-47 QZE1dLi ~ -- 1 ~ VAR 4407 RCL 72-73-51 VACANT -_ _ VAR 4407 RCL 72.73-51 ADJao59/\ RCL 72-73-47 I ~ \ _ RCL 72-73-07 \`ALL PROPE T S ^ _ L / \ ~ R IE ARE IN THE (SC) (SCENIC CORRIDOR OVERLAY) ZONE Variance No. 2003-04574 (READVERTISED) Subject Property Date: October 20, 2003 Scale: 1" = 200' Requested By: NEELAM S HEWA Q.S. No. 202 Re:. )} `STS WAIVERS OF: (A) REQUIRED IMPROVEMENT OF RIGHT-OF-WAY (B) MAXIMUM STRUCTURAL HEIGHT (C) MINIMUM FRONT YARD SETBACK (D) MINIMUM SIDE YARD SETBACK TO CONSTRUCT TWO SINGLE-FAMILY HOMES. Parcel 1: 30'i Penny Lane and Parcel 2: 345 Penny Lane 1oz5 'Staff Report to the Planning;Commission November,l7, 2003 Item No. 3, 3a. ' CEQA CATEGORICAL EXEMPTION -CLASS 3= 3b. VARIANCE NO:' 2003-04574 (READVERTISEDh (Motion for withdrawal) SITE LOCATIONAND DESCRIPTION: (1) Parcel 1: This irregularly-shaped 0.53-acre property has a frontage of approximately 90 feet orc the southerly side of Penny Lane, a maximum depth of 246 feet; and is located 70 feet 'southeast df the centerline df Mdhler Drive (301 Penny Lane). , (2) Parcel 2: This irregularly-shaped 0.78-acre property. has a frontage of approximately 220 feet - oh the southerly side of Penny. Lane, a maximum depth of 246 feet, ahd is located 160 feet southeast df the centerline of Mohler Drive (345 Penny Lane). ; REQUEST: (3) The petitioner requests to construct two single-family. homes with waivers bf the following: (a) SECTION NO. 18.04.080.020 Required improvement of right-of-way. 20-foot half-width improvements required; 12-foot half-witlth improvements proposed.) (b) SECTION NO. 18.23.062.010 Maximum structural height r 25feet permitted; 41 feet, 4 inches and 38 feet, 2 inches proposed.) (c} SECTION NO. 98.23.063.010 Minimum fronfvard setback. 25:feet required; 10 feet proposed.) (tl) SECTION NO. 18.23.063.020 Minimum side yard setback. 10 feet required; 8 feet'proposed.) BACKGROUND (4) At the request of the applicant, this item was continued from the September 8 October' 6, and October 20, and November 3, 2003, Planning Commission meetings to allow the ? appiicanttime to modify the7equest to include a waiver of the required improvement to< the private street serving the two properties (Penny Lane). (5) Blash Momeny, representative of the property owner;. Mohsen Ghaneiam, has submitted a letter received November 5; 2003, requesting withdrawal of this. application. RECOMMENDATION: (6) That the Commission, by motion, accept the petitioner's request for withdrawal. Sr5064jr.doc 'Page 1 ATTACHMENT - ITEM N0. 3 ~" r' ~ ~' Blash Momeny ~_ ~aQ~Gr~~°~;~. 19 Siros, Laguna Niguel, CA 92677 ~p~~"~~'~°~~ ~.°:< ~~ Ph. (949) 922-9584 ~°~ Fax: (949) 425-5001 ` ~=-<.-` - November 5, 2003 VIA FACSIMILE John Ramirez City of Anaheim, Planning Department 200 S. Anaheim Blvd., Suite 162 Anaheim, CA 92805 RE: 301 ~ 345 Penny Lane Dear John: Hereby I would like to withdraw my request for variances on the above properties. S' rely, Slash Mom I TEt1 N0. 4 o N R&7200 ~Aa O O N N n C ~ RS-0200 R54200 R3-A-03,000 ~R~S n RM-120 RM-12 0 Y RM-1200 RS-A-03,000 R RM-1200 ~ CR 0 0 o a a o 0 0 N ~ N N: A A n n. y y 2 0: O: R 6' 0: 0: 0: ~:~.~ _`~ v ML ML RM3000i ML ML ML ML RM-7200 ML ML ^ ML ~ ~ a ML ~ 0 O 0 C 0 O 0. N o N o N o y y y y N (Y R R R K ~ RM-3000 '. C 1 1 1 1 1=~ n ~ l~ T T T ,~; Subject Property Conditional Use Permit No. 2003-04739 Date: November 17, 2003 Scale: Graphic Requested By: COUNTY OF ORANGE, Q.S. No. 32 PUBLIC FACILITIES AND RESOURCES .REQUEST TO ESTABLISH A PRIVATE EDUCATIONAL FACILITY INCLUDING AN AUDITORIUM AND ACCESSORY GOLFING FACILITIES WITH WAIVER OF MINIMUM NUMBER OF PARKING SPACES. Parcel 1:520 North Gilbert Street -Gilbert Settling Basin and Parcel 2: 2045 West Crescent Street ~p34 ~i~~ ~i~! 'Staff Report to the °Planning Commissioh November. l7, 2003 Item No: 4 4a. CEQA MITIGATED NEGATIVE DECLARATION (Motion) 4b. '' WAIVER OF CODE REQUIREMENT I(Motion) 4c. ">' CONDITIONAL USE PERMIT NO. 2003-04739 (Resolution); SITE LOCATION AND DESCRIPTION: (1) Parcel is This irregularly-shaped', 83.28-acre parcel is located at the southeast corner of Gilbert Street and Crescent Avenue, having frontages bf 2290 feet on the south side$f Crescent Avenue and.1290 feet'on the eastside of Gilbert Street (520 North Gilbert'Street - Gilbert Settling Basln)r,' Parcel 2: This irregulatly-shaped, 10.85-acre parcel has a frontage of 1300 feet on the north 'aide of Crescent Avenue, a maximum depth of 600 feet, and is located 510 feet east of the centerline of Valley Street (2045. West Crescent Avenue -Crescent Settling Basin). ; REQUEST: (2) The petitioner requests approval bf a conditional use permit under authority of Code Sections 1821.050270, 18.21:050.280, and 18.86'.050, to establish a private educational facility including an auditorium and accessory golfing facilities with waiver of the following: (a) SECTION NOS. 18.06.050.0253. Minimum number of parking spaces 18106:050.0255,::18:06.05010262 (237 required; 99 proposed AND 18:06'.050.0267 'and recommended by3he City Traffic arid Transportation Manager) BACKGROUND: (3) The projecfsite consists of two separate parcels. The Gilbert Settling Basin is located at the southeast comer of Gilbert Street and Crescent Avenue and iswithin aCity-owned municipal golf course'and Country-owned flood control retention basin. The existing: driving range is over 30 years!old and is improved with one, two-story building, which houses restrooms, ball-washing equipment, and a golf shop. ':The remainder of the site is improved with a municipal golf course and'contains vegetation; trees, and minor grading improvements associated with golf course construction (tee bones and greens, sand tiunkers, etc). The Crescent Settling Basinlls located on the north side of Crescent Avenue .adjacent to the Santa'Ana (Interstate 5) Freeway and js unimproved. A chain-link fence is ..located along the perimeter of the basin, with approximately 25 aged and diseased `' eucalyptus'trees along! the south property line adjacent to Crescent Avenue. The Gilbert rSettling Basin is zoned PR (Pu61ic Recreation) and the Crescent Settling Basin is zoned RS-A-43;000 (Residential/Agricultural). The Anaheim General Plan Land Use Element Map tlesignates(these properties focGeneral Open Space'and Water land uses: Sr505@)r Page 1 Staff Report to the Planning Commission NovembePl7, 2003 Item No. 4 ' (4) Surrounding General Plan land use designations are as follows: Gilbert Settlin Basin iDirection' Geheral Pian'Desi nation 'North across Crescent ;Avenue Medium Density Residential South and: East General O en S ace West across GilbertStreet Low-Medium: Densi Residential '' `CrescenfSettlin Basin iDirectioh General Plan Desi nation ;North Freewa East 'Freewa South across Crescent Avenue ?.General Industrial and Low-Medium. Densi Residential West General Industrial DEVELOPMENT PROPOSAL: (5) The petitioner proposes to establish a private educationaffacilityinrluding an auditorium and accessory golfing facilitiesiwithin two'existing settling basins owned by the Orange County Flood Control District. The proposed Tiger Woods Learning Center (TWLC) and associated golfing facilities would be constructed within the Gilbert and Crescent Settling Basin detention areas: The existing site iscurrently used as the'H.G. "Dad" Miller Golf Course Driving Range and as flood control detention facilities. The use of the golf course would' remain but additional facilities would be constructed for supervised youth activities. The Dad MillerlGolf Course Driving Range would be relocated to another area on the existing golf:'. course in connect(on with he proposed project:'. The majority of the TWLC site is used fog detention of excess storm' water diverted from Carbon Creek stormiwater channel. The `' Tiged Woods Foundation would lease the Gilbert and Crescent Settling Basins from the County of Orange. The TWLC would include sinew driving range for golf practice and instruction, a putting green; a chipping practice'-area, an 18-hole putting course, and a 6-hole par three course (located at the Crescent Settling Basin). ;The scope of this project includes improvements on City-owned property that are not subject to approval of a conditional use permit. The relocation of the existing municipal driving range (consisting of perimeter fencing for protection, lighting for nighttime operation, and a small accessory building) and associated golf course improvements (reconfiguration of Hole Nos.;15, 16, and 17) are included in an agreement between the Tiger Woods Foundation and the City of Anaheim; to be approved by he Anaheim City Council. The'petitioner's request'for a conditional use permit pertains o improvements proposed only,within the: Gilbert and Crescent Settling Basins. (6) The golf course'grading plan for the Crescent Settling Basin (Exhibit No. i) indicates the site would. be developed with a 6-hole par three golf course for use by students participating in educational programs at the Learning Center 'An approximately 650 square-foot starter < building setback approximately 70 feet from Crescent Avenue and associated parking lot would be constructed on site as well:. Code requires a minimum front setback of 25 feet for all buildings within this zone. The petitioner did not submit detailed plans witft regard to Page 2 Staff Report to the Planning Commission November' 17, 2003' Item No: 4 proposed landscaping; and no detailed plans were submitted for the proposed starter .building or parking area. (7} The overall site plan and grading plan for the Gilbert Settling Basin (Exhibit Nos. 2 and 8) 'indicate theproposed 42,000 square foofLearning Center building would tie constructed at tfie northwest corner of the basin near the intersection of Crescent Avenueand Gilbert Street. Plans further indicate the building would be setback 73 feet, 6 inches from Gilbert Street and'30 feet from Crescent Avenue. Two sets of driving range tees'(a total of 60 stations), a'chipping area, water feature, and outdooCpatio area would be constructed adjacent to the building. The plans also show the eastern portion of the site would contain `another teaching tee area and chipping green, and art,18-hole'putting course. A utility 'control room/restroom building would be located adjacent to the ohipping green and 18-hole putting course, and would be setback 50 feet from Crescent Avenue. The; petitioner did not submit detailed drawings of this proposed building (square footage, interior floor plan). The Code does hot contain specific to development standards fob developmeht within this 'zone. The Code indicates, however, that tfie site should be compatible with the site development standards establisfied for the'surrounding zones. The plan also indicates perimeter fencing for the site -new black vinyl clad chain link fence along Gilbert Street and along Crescent Avenue extending easterly from the intersection to the access gate fpr the employee parking area. Extending easterly from the employee parking area, a new'green vinyl clad chain link fence woultl be installed along Crescent Avenue to match the existing fencing. (8) Floor plans (Exhibit No. 3) for the proposed: Learning Center indicate that the first Floor would contain a kitchen and food preparation area with associated storage, amulti-purposeToom, lecture hall,i tudent lounge and cafe seating area. The first floor would also house a student pro shop (limited retail), five media rooms, a boardroom, and faculty and administrative offices. A receptionist desk and"lobby area would be located near the front entry doors, and two golf simulators and restrooms would be near the student pro shop. Tfte second floor would contain 10 classrooms, a faculty office, restrooms, and an outdoor patio/balcony area An elevatoF'and stairway would provide access to both floors, as well as the 222-seat auditorium/theater located at the'south end of the building. (9) Vehicular access to the Learning~Center property would be provided by one (1) driveway on Crescent Avenue and two (2) driveways on Gilbert Street. One parking area containing 33 spaces would be provided on Crescent Avenue for employees of the facility. A second parking area containing 66 spaces would be providedon GilbertStreet forparent drop off/pick up on site. A bus turnout area would be provided on Gilbert Street o accommodate student drop off/pick up from area schools.' The parking area on Gilbert Street would contain a circular turn=around to facilitate parent drop'off/pickup on site. A total of 99 parking spaces would be provided on site for the Learning Center. The petitioner has submitted a parking demand study conducted by Albert Grover and Associates on August '28, 2003, recommending that a minimum of 99 parking spaces be provided for the Learning Center with "a maximum capacity of 300 students. Tfie City Traffic and Transportation Managertras reviewed the study and has determined the Learning Center would noYcreate any additional demantl beyond the proposed number of spaces: Code requires a total of 237 spaces based on the following: j Page 3 Staff Report. to the Planning Commission November 17; 2003 Item No. 4 ' Based oh Code-tequired P Use .Code Requirement lJsagels.filno. Numberbf of em to ees ; S aces i0 Classrooms Elementary/Junior ° 1 space/classroom 10 Non-office ;High School • 1 space/non-office employee employess 32 '. 4/1000 g.f.a, of office 3000 g.f.a: of office Greater of 0.333`spaces per Maximum of 240 fixed seat or 29 spaces/1000 fixed seat 80 g.f.a. of assembly area 'Assembly Hall/Auditorium ' • 0.02 spaces per person if there 240 persons' 5 are kitchen facilities Golf Driving Range `° 1 space per Driving Tee 60 tees 60 Golf Course ° 10 spaces/hole 6 Holes 60 TOTAL 237 ,,q~- 4 Y' a' >~ r '' ~ ~s ~ ~' .p'r:g"e > 'n'> sr k ,s : ~' P., "~ ~' ~ r , ,~ 5c ~;. a ~ r ~ ~=~ z -~ '. ~r ~d ~i~~ m ~`~s` f.~:`; ~~ `~vgnf 'a 1l Pe}u. t rvL~ t~Y jS" "r X' t W ~ ~ ~ l K `N ~~ ~ .ys~,~g des ~ £~Y / '/} ~ ~ 'i} / ~,. «, v 4~ v' ArtisYrendering; of the proposed Tiger Woods Learning Center (10) The elevation drawings and color and materials board (Exhibit Nos. 4 and 5) for the Tiger Wootls Learning Center reflect a contemporary building 38 feet 2 inches high. ;'.The building would incorporate the use of smootk concrete plaster painted gray,'clear-anodized aluminum window trim and caps, and green tinted non-reflective dual pane glass. The exterior finish would also'include the use of clear glass with a "frit" pattern (pfiotovoltaic poterttial), copper siding, exposed galvanized`steel and extruded aluminum reveals. Page 4 .Staff Report to the Planning Commission <"November 17, 2003' Item No: 4 Although each building elevation'would contain all of these elements, a majority of the 'structure would be finished with a smooth concrete plaster exterior and green tinted non- reflective dual pane glass. The inclusion of he clear: glass with'a "frit" pattern, copped siding, exposed galvanized steel'and extruded aluminum reveals within each of the elevations would complement the plaster and glass finishes. Allproposed roof-mounted equipment would be completely"screened from view by a mechanical screen wall and: 'parapet incorporated into the architecture of the building. (11) The submitted cross-section of the building(Exhibit No, 6) indicates that the Learning Center building would be 30ifeet, 6 inches high asmeasured'from street grade. Properties to the north across CrescenfAvenue are improvetl with two.=story apartment buildings comparable in height to the proposed Learning Center. ;The property immediately to the west across Gilbert Street contains'a mobilefiome park; which consists of single story structures.' The .Learning Center would be approximately 80 feet from the nearest structure to the north and 'approximately 101 feet from the nearest mobilehome o the west. ? (12) The landscape concept plan for the Gilbert Settling Basin (Exhibit 7) indicates a proposed landscape setback along Gilbert Street varying from 12 to 70 feet. This area would include two existingipine trees; seven background frees (Eucalytpus viminalis [Lemon scented gum] or Tristaniarconfertal [Brisbane Box]), ten specimen trees (Platanus racemosa [California Sycamore],iQuercas agrifolia [Coast Live Oak], or Scftinus molle [California Pepper]);. and associated'groundcover and sod! Landscaping along;Gilbert Street would'also include ten Gheonanthus (Chinese Fringe) trees as required by Community'Services, Urban Forestry Division. The proposed landscape setback: along Crescent Avenue would vary from 15 to f33 feet, and include two specimen trees (Platanus racemosa [California Sycamore], 'Quercas agrifolia [Coast L(ve Oak], or Schinus mol/e [California Pepper]), four accehf trees (Malaleuca'nesophllia [Pink Malaleuca], orGeijeira pa~lfolia [Australian Willow]), seven 6ackgrouhd rees (Eucalytpus viminalis [Lemon scented gum] or Tristania conferta [Brisbane Box]), and associatedgroundcover and sotl. Three existing parkway tree wells containing pine trees are located'along Crescent Avenue and no new tree wells are proposed. Landscaping proposed for both parking areas would include seven landscaped fingers. Landscaping within the parking area along';Crescent Avenue would include groundcover, and the landscaping within the parking area along GilberE Streetiwould include four specimen trees (Platanus racemosa [California Sycamore], Quercas agrifolia [Coast Live Oak], or Schinus molle [California Pepper]) and associated groundcover. interior site '. landscaping associated with the'learning Center building would include 12 specimen trees (Platanus racemosa [California Sycamore], Quercas agriiolia [Coast Live Oak], or Schinus molle (California Pepper]), six accent trees (Malaleuca nesophila [Pink Malaleuca], or Geijeira parlfolia [Australian Willow]), 14 background rees (Eucalytpus viminalis [Lemon scented gum] or Tristania conferta [Brisbane Box]), and contoured groundcover and sod grasses. The petitioner did not ihdicate the box size of proposed trees ahtl associated .landscaping. (13) The submitted project description included in the Initial Study and the project description in he parking'study, outline the operation of the Learning Center as an educational facility that would provide opportunities foryouth to engage in learning activities in a safe, supportive, 'challenging"and fun environment. The Learning Center program'would include regular physical activities thafwould encourage students to adopt healthy lifestylepractices tfiroughout their lives.°The new facility would operatesimilarly to a schooliand would be 'open primarily duringjnormal scfiool hours,: as well as provide services to students during Page 5 Staff Report to the Planning Commission November 17 2003 Item No. 4 "off-track" periods. Ten classrooms end a computer area would be located onthe secohtl floorwith the support services on the: ground floor. The support areas include`administration, a student lounge, multipurpose room; media center, pro shop, and an auditorium. Generally, the support spaces would be used by the attentling students or students with special administrative permissions' In some'instances,;the auditorium would be available to the community or other organizations for after-hourfunctions: A driving';range for students attending the facility (with associated;practice putting green and chipping area) would be';1 constructed adjacent to the new learning center facility. The facility; proposes'to have approximately,50 employees, and provide services for 150 students,upon initial operation, and 500 students by the year 2015 (this approval allows for up ta300 students). The: students attending the TWLC would arrive by bus (with staggered arrival and departure ' schedules) from. surrounding school campuses; walk, be dropped off by parents, and would ride their bicycles. They would notce driving personal vehicles. ENVIRONMENTAL IMPACT ANALYSIS: '- (14) Staff, acting onbehalf of the City of Anaheim as the Lead?Agency for the project, provided a notice of intenttd adapt a;Mitigated Negative Declarationlto the public, responsible agencies, and trustee agencies for a period of 30 days (October 8, 2003-November 7, 2003) for review and comment in compliartce with CEQA. Staff has received comments from the CalifoPnia Regional WateriQualiry Control Board (Santa Ana Region) (SARWQCB) and the Orange County'Flood Control District (OCFCD)`. The comments received from the SARWQCB pertain to impacts from the project!on waters''of the United States'and waters of the State, as well as on site water quality management practices during project construction. Staff: has recommended that these comments: be included as conditions of approval on this project. Comments received from the OCFCD,!as property owner, pertain to clarification of requirements for right-of-way dedication/easements and improvements related to the project, Staff has provided the County with preliminary information pertaining to these easementslimprovements<associated with this'proposal. (15) The Initial Study contains a biological study conducted by l3onterra Consulting;on September 4,'2003, which evaluatesany potential biological constraints that may be present at the project sites. The study indicates that the vegetation at the project sites: consist ob non-native and weedy species, ornon-native ornamentalfspecies that provide marginally: suitable habitant primarily for common native and non-native wildlife'species. The study;. further indicates that no special status wildlife species are expected to occur at the project sites.'- The stutly indicates hat existing Eucalyptus treeslocated along the south boundary of the: Crescent Settling Basing could provide a marginally suitable'roosting and nesting I habitat for a variety of urban raptors; (American kestrel, Cooper's hawk, Red-tailed hawk): These nests are protected by Fish and Game Code Section 3503.5,iwhich prohibits the disturbance of all nesting raptors. The study therefore recommends if construction at this site begins within the breeding season for these species'(March 1-August 31); that a qualified biologist conducta pre-construction survey. The'. study further recommends limitation on construction'activities IrY the event hat a nest is found. `:This recommendation for apre-construction survey and associated limitations on construction activities have been identified in the Negativebeclaratiory and Mitigation Monitoring Plan`No. 121 for the project. (tti) The Initial Study contains a Phase 1 environmental assessment conducted by Kleinfelder completed May 22, 2003, o identify;the presence or likely presence''of hazarddus substances orpetroleumproducts at the site under conditions thatindicate ah'existing Page 6 `Staff Report to the i Planning Commission Novemberl7, 2003 Item No. 4 release, a past release; or threatof release`of hazardous substances or petroleum products into structures, soils; groundwater, or surface water df the site. The recommendation' provided at the conclusion of the study indicated that there is a potential for'ACBMs and lead-based,paints located in the existing driving range building. The study recommends that an asbestos'survey and lead-based paint survey be conducted in the eventbf the demolition of;the driving range building. This recommendation has been included in the Mitigation Monitoring Pian No. 121 for the project. (17) The submitted noise study conducted by Mestre Greve Associates on July23, 2003, to assess the acceptability of community noise levels resulting from: the facility operation'. Section 6.70 of the Anaheim Municipal Code indicates that: °No person'shall, within the City; create any sound, radiated for extended periods from any `premises which produces a sound pressure level at any point on the property line in excess r of sixty decibels (Re'0.0002 Micro6ar) read on the A=scale of a sound level meter." Because the noise ordinance is non-specific and does: not specify the duration of the noise level standard and the type of land use, the study assumed the Ei0 dBA to'tie an average noise Ievei, which is equivalent to an Leq ar L50. The:: study utilized the State Model noise ordinance in conjunctibn with the City of Anaheim noise ordinance as a further Pest of noise impact. In order to evaluate the project utilizing an Leq, the Stutly compared the noise levels generated by the project activities to the City ofAnaheim noise ordinance to determine the acceptability of thee: noise levels as a measurement function evaluated by the State Model'noise ordinance (equivalent noise level of 50% [Leg50]). The'State Model noise ordinance specifies that the noise levels for a source measured at an outdoor area of a'residential'°property cannot exceed 55 dBA L50 for the daytime. period and 45 dBA L50 for the nighttime period. The Lmax noise level is another important noise criteria, The Model noise ordinance specifies that the Lmax noise levels cannot exceed 75 dBA for the daytime and 65 dBA'for the nighttime at.the nearest: residential! property. The State' Model noise ordinance is more stringent than the City of Anaheim noise tandard. Therefore, if the project complies with the State Model noise' ordinance standards, then it would also comply with the City of Anaheim noise ordinance. The study evaluated noise impacts from the project on surrounding properties related to the following noisesources; 1) construction activity, 2) bus operation, 3) auditorium use, 4) special event activities, and'5) parking lot activity. The study indicates that atl resultant noise impacts would fall within the standards set forth in the State Model noise ordinance, and thereforecompiies with ~ the City of`Anaheim'noise ordinance. (18) Based on a'comprehensive review of the proposal, the Initial Study (a copy of which is available for review in the Planning Department), and comments received;'staff has detennined,that no significant adverse environmental,impacts, which cannot be mitigated to a level of insignificance, would occur as a result of this project. Mitigationmeasures have 'been identified in theNegative Declaration and Mitigation Monitoring Plan No. 121 for the project. Therefore, staff recommends thafa Mitigated Negative Declaration be approved :upon a finding by the Commission that the;declaration reflects the indepentlent judgment of ahe lead agency; and'that it has considered he proposed Mitigated Negative Declaration together with any comments received during the putilic review process and further finding on the basis ofahe Initial Study thatthere is nd'substantial evidence, with the imposition bf .mitigation measures; hat the project will have a significant effect on the environment: .Commission may wish to note. that the mitigation measures identified and incorporatetl into Page 7 Staff Report to the Planning Commission tJovember 17, 2003 Item No. 4 ' this Negative Declaration are subject to the monitoringlreporting program asset forth bys Section 21081:.6 of the. Public Resources Code. GROWTH MANAGEMENT ELEMENT ANALYSIS: (19) The proposed project has:been reviewed by affected Citydepartments to determine whether it conforms to 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 tieen determined that this project does not fit within the scope necessary to'require a Growth Management Elerrient analysis, therefore, no analysis has been performed. 'EVALUATION: (20) The establishment of this private educational facility, including an auditorium and accessory golfing facilities,: is permitted within`the RS-A-43,000 and: PR zones subject to'the approval of a conditional use permit. Code Section 18.86.050 pertaining to the PR Zone, states that `Yhe;Cfty may allow any buildings, strictures and uses as fhe City Council or Planning Commission, by resolution, determines are for the benefdbf the health, safety and general welfare of the citizens ofAnaheim. Such buildings, structures and uses maybe permitted in this zone subject to the conditions and required showings of Section)18.03.030 "Conditional usepermfts-`General" (21) The requested waiver pertains to minimum number of parking spaces. Code requires a < minimum of 237 spaces for this facility, Including the auditorium and accessory golf facilities, as described in paragraphrno. (9) of this report: The site plan indicates a totatof 99 spaces available for this site, The: petitioner has submitted a parking demand study conducted'tiy Albert Grover and Associates on August 28, 2003, to substantiate the requestifor this waiver. The City Traffic and Transportation Manager has reviewed'this study and has determined that 99 parking spaces is adequate for the proposed use with a maximum capacity of 300rstudents. (22) The parking study also includes the following findings for the waiver'of minimum number of parking spacesi "(a) :That the waiver, under the conditions imposed, if any, will nofcause fewer off-street 'parking spaces to be provided for such use than the numbernf such spaces necessary to accommodate ahvehicles attributable to such use under the normal and reasonable foreseeable conditions of operation of such use. As presented in the Parking Needs Analysis section of the parking study; the 99 i paces provided on(site are adequate to address actual parking needs'due to the :'operational characteristics ofhe facility: (primarily bus transport of students to and 'from site f i (b) That the waiver, under the conditions imposed, if any, will not increase the demand land competition forparking spaces upoh'.the public treets in he immediate vicinity of the proposed use. rAs determined by the City Traffic and Transportation Manager, the proposed use :would not create any additional demandbeyond theproposetl number$f spaces;'and Page 8 Staff Report to the Planning Commissidn November 17, 2003 item No. 4 the proposed project would`not require the use of on-street parking (no on street parking is allowed in the immediate vicinity of the project}, (c) ' That the waiver,'under the donditions imposed, if any, will not increase the demand for parking spaces: upon adjacent privateproperty in the immediate vicinity of the proposed use. The proposed project would not cause any demand for parking on private property in the vicinity of theproposed'use. Dueato the operational characteristics proposed for the facility (utilization of bustransport from area schools for students With staggered scheduling), there would be adequate: parking provided tiythe project. on-site. Additionally, there is no private property in the vicinity that would allow public parking. (d) That the waiver, under the conditions imposed, if any, will pot increase traffic congestion within the off-street parking areas or lots provided for such use. As shown in the study, the amount of parking demand forecasted for the site is less thanthe supplyprovided on site. Furthermore, traffic and parking congestion will not occur; because he overate demand for parking at the Learning Center is within he supply: The layout and design of the parking area is such that traffic congestion inside the parking area would notpresent aiproblem when parking demand is equal to or lower han supply. The Crescent Avenue parking area would be limited to use by the TW LC staff. tigress to the'Gilbert Street parking area would be limited to the south driveway, and separate Ieft:and right Rand turning lanes would be provided for egress from the north driveway. The utilization of bus transport from area schools for ; students would eliminate traffic and parking congestion within off-street parking areas servicing the site. (e) That the waiver, 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. The north driveway of the Gilbert Street parking area has been so located so as to line up the drivewayentrance to the Casa Hermosa Mobile Home Park; thereby allowing simultaneous left tum movements out of each driveway. Because of the driveway I location and the utilization of bus transport from'area schools forstudents the proposed use would not impede vehicular ingress or egress:' (23) The submitted phasing plan indicates the overall project would take approximately 18 months to complete and would be implemented in four phases (including improvements associated with City-owned property and subject to an agreement. between the Tiger Woods Foundation and the City of Anaheim, to be approved by he Anaheim City Council). The. first phase would consist of the construction of golf course modifications related to hole'configuration, as well as the inrigation systems and maturation of seeded and. Phase two would consist of the ddnstruction of the new driving range on the west side of Gilbert Street, lighting, fencing, and a small accessory building, as well as the relocation of the irrigation basin and modification to irrigation facilities. Phase three would involve the reconstruction of the existing driving7ange {associated with the new Learning Center), parking and access areas, putting course,`new leaming,center building; and maturation of grass and. greenery. Phase four would involve the `page 9 ' Staff Report to the Plahning Commission November 17; 2003 Item No. 4 ? construction of the par 3 course at Crescent Settling Basin'and associated right-of-way improvements, es well as the maturation of greenery. (24) No specific site'development standards for proposed land uses and development are identified within'the Codejpertaining o properties within the PR Zane. Staff has evaluated the project proposal and Initial Study, and potential impacts of the project on adjoining land uses;: as well as proposed location'of the facility (to ensure the site is adequate to allow the full development pf the Learning Center). Staff' has incorporated the recommendations of each of the studies into the conditions of approval and Mitigation Monitoring Plan No. 121. Staffhas also Incorporated recommendations/comments from the Army Corps. of Engineers, California Regional Water: Quality Control Board (Santa Ana Region), and the Orange County Flood Control District into the conditions of approval and Mitigation Monitoring Plan No. 121. Staff ftas included conditions of approval requiring a detailed landscape plan for both the Gilbertand Crescent Settling Basin improvements be submitted prior to issuance of permits for each site. Staff is also recommending detailed plans to!be submitted pertaining to the restroom/equipment room aEthe GilbertSettling Basin and the starter building andl parking area at he Crescent Basin. SStaff has`also included standard conditions of approval pertaining to site maintenance and operation. (25) Based on the submitted irtformation,'and the conditions of approval and measures identified in thelNegativeDeclaratipn and Mitigation Monitoring Plan No. 121,(staff believes the establishment of the TWLC and associated golf facilities, would not adversely;affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. Additionally, staff believes that the ize and shape of the site for tfte proposetl use is adequate to allow the full development of the Learning Center for a maximum of 300 students in a manner nofdetrimental to the particular area. The submitted letter of operation and parking study indicate hat the traffic generated by the proposed use would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area and`the granting of the conditional use permiYunder the'conditions;imposed, 'f would not be detrimentaltd the peace, health, safety and general welfare of the citizens of the City of Anafteim, and therefore staff recommends approval of this project. FINDINGS: (26) Section 18.06.080 of the parking ordinance sets forth the following findings which are required to be made before any parking waiver: is approved by the Commission: (a) That the waiver, under the conditions imposed, if any, will not cause fewer off-street parking'spaces td tie provided for such: use than the numbeC of such spaces necessary to accommodate all vehiclesattributable to such use under he normaland 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 as designed; and (c) 'That the'waiver, under the conditions imposed, if any, will not increase the demand and competition for parkingspaces upon adjacent private property In the immediate vicinity'of the proposed use'(which property is not: expressly: provided as parking for Page 10 Staff Report to the Planning.Commission November 17, 2003 Item No. 4 such use underan agreement in compliance with Section 18.06.010:020 of this`. Code); and (tl) That the waiveg under the'conditions?imposed„if any, will dot increase traffic congestion within the off-street parking areas or lots provided for such use; and (e} That the waiver, 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. Unless conditions to the contrary are'expressly imposed upon the granting of any waiver pursuant: to this Section by the Planning Commission, the granting of any such waiver 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+approvaf of said waiver. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions as contained in the'parking demand study shall be deemed a violatioh of the express conditions imposed upon aid waiver which shall subject said waiver to termination or motlification pursuant to the provisions of Sections 18.03:091 and 18.03.092 of this Code: (27) Before the Planning Commission'grants any conditional use permit, it must make a finding of .fact that the evidence presented hows 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 iC is proposed to be located; (c) Thatahe size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a mannernot detrimental to the particular'area nor to the peace, health,-safety, and general welfare; (d) That he traffic generated by the proposed usewill 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. '! RECOMMENDATION: (28) Staff recommends that, unless additional or contrary informatioh 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, tfie Commission take the following actions:.: .Page 11 Staff Report o the Planning Commission November 17, 2003 Item No. 4 (a) By motion, a rove a CEQA Mitigated Negative Declaration'including adoption of Mitigation Monitoring Plan No. 121. (b) r By motion, approve the waiver pertaining to minimum number of parking spaces based oh the following; (i) That the waiver', under the conditions imposed 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. Qs presented in the Parking Needs Analysis sectiort of the parking study, the 99 spaces provided on site are adequate to address actual parking needs due to the operational characteristics: of the fadlity (primarily bus transport of students to and fromsite). (ii) That the waiver, under the conditions imposed will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinjty of the proposed use. As determined. by the City Traffic and Transportation Manager, the proposed use would not create any additional demand beyond the proposed number of spaces, and the proposed project would not require the use of on-street parking (noon street parking is allowed in the immediate vicinity of the project). (iii) That the waiver, under the conditions imposed will not increase the demand for parking spaces upon adjacent private property in the immediate vicinity of thee. proposed use. The proposed project would not cause any demahtl for parking on private property in the vicinity of,the proposed use. Due to the operational': characteristics'proposed`for the facility (utilization of bus ransportfrom area schools for students with'staggered'scheduling), there would be adequate parking provided by the project on-site. Additionally, there is no private property in the vicinity that would`allow public parking. (iv) That the waiver, under the conditions imposed will not increase traffic congestion within the off-street parking areas or lots provided for such use. As shown in the study, the amor,nt of parking demand forecasted for the'site is less than the supply providetl on site. ;Furthermore, traffic and parking congestion will not occur, because the overall demand for parking at the Learning Center is within the supply. The layout and design of the parking area is'such that traffic congestion inside the parking area would notpresent aproblem when parking demand is equal to or lower than the supply. The CresdentAvenue parking area would be limited to use by the TWLC staff. Ingress to the Gilbert Street parking area would belimited to he south driveway, and separate left and right hand tumhg lanes would be provided for. egress from the north driveway: The utilization of bus transport from area schools for students would eliminate traffic and parking congestion within off-street parking areas servicing the site, > (v) Thaf the waiver, under the conditions imposed will not impede vehicular ingress to oregress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. The north driveway of the Gilbert Street parking; area has been so located so as to line up the driveway entrance to the Casa Hermosa Motiilehome Park, on the west side'of Gilbert Street thereby allowing Page 12 Staff Report to the Planning Cpmmission IJovembeFl7, 2003 Item No. 4' simultaneous left turn'movemehks out of each driveway. Because of the driveway lopation and the utilization of bus tFansporFfrom area schools for studentsthe proposetl use would not impede vehicular ingress or egress. (c) By resolution, approve Conditional Use Permit No. 2003-04739 (to establish a private educationalfacility includtng an auditorium and'accessory'golfinglacilities) based on thetpllowing: (i) That the proposed. private educational facility including an auditorium and accessory golfing: facilities is a use for vuhich a conditional use permit is authorized withinthe RS-A-43,000 and PR Zones: (ii) That based on the submitted information, and the conditions of approval and measures identified in the Negative Declaration and Mitigation Monitoring Plan No. 121, staff believes the establishment of he TWLC and associated golf facilities, would not adversely affect the adjoining land uses and the growtH end development of the area inwhich it is proposed to be located, (iii) That the size and shape of the site for the proposed use is adequate to allow the full`development of the Learning Center for a maximum of 300 students in a manner not detrimental o the particular area.: The submitted letter of operation and parking study indicate that the traffic generated by the proposed use would not impose an untlue burden upon the streets and highways designed and improved to carry the traffic in the area and the granting of the conditional use permit under the conditions imposed, would not be'detrimental to the peace, health, safety and general welfare of the citizens. of the City of Anaheim, THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS AN INTERDEPARTMENTAL COMMITTEE AND ARE' RECOMMENDED' FOR ADOPTION BY'THE PLANNING COMMISSION IN THE EVENTTHATTHIS PERMIT IS APPROVED. 1. That a maximum of 300 students is allowed within the facility at any one time. 2. That the hours of operation for the facility shall be limited from 7:00 a.m. to 7:00 p.m., Monday through Friday;. except for'. special events and activities. Special events or activities 'shall be allowed 7 days'a week and shall limited to no later than 72:00 midnight. 3. That the parking lot serving the premises shall be equipped with decorative lighting of sufficient power to illuminate and make easily discernable the appearance and conduct of all persons on or about the parking lpt. Said lighting shallbe directed, positioned and shielded in uch a manner so as not to unreasonably,illuminate the window areas of nearby residences. Photometric plans shall be submitted to the Anaheim Police Departmenffor review and approval prior to issuance of building permits. 4. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removalbf graffiti within twenty-four {24) hours from time pf bccurrenpe. 5. That final landscape and sign plans for the Crescent and Gilbert Basins shall be submitted to 'the Zoning bivision pf the Planning Department for the review and approval: Any decision by Page 13 Staff Report to the Planning Commission November 17, 2003 Item No. 4 _ the Zoning Division may be appealed to the Plarning Commission as a "Reports and Recommendations" item.'- 6. That detailed parking plans for the Crescent Basin parking area shall be submitted to the Zoning Division. of the Plahning Department forreview and approval; Any decision by tfie Zoning Division may be appealed to he Planning Commission as a "Reports and Recommendations" item.: 7. That all roof-mounted equipment shall be completely screened fromview from Crescent Avenue and Gilbert Street; Screening shall be incorporated into the architecture of the building. Said ihformation'shall be shown on plans submitted for building permits. 8. That the final landscape plans shall reflect the retaining of'alI mature landscaping features that are not impacted by construction of the new buildings; and size: and number of retained and proposed landscaping All replacement trees shall tie minimum 24-inchbox in size.'% Said information shall be shown on plans submitted for building permits. 9. That final building plans for the accessory buildings proposed at the Crescent and Gilbert: Basins shall be submittedto the Zoning Division of the Planning Departmenffor review and approval. Any decision by he Zoning Division may be appealed to the Planning Commission as a "Reports and Recommendations" item. ' 10. That prior to issuance of special event permits associated with the facility, written approval of the Director of Community Services or his/her designee shall be submitted to'the Zoning,` Division. 11. That all activities shall comply with all' conditions and restrictions indicated within the agreement between the Tiger Woods Foundation and the: City of Anaheim. At such time as this agreement is amended, the petitioner shallcomply with any amended conditions or restrictions as appropriate: 12. That before any project permits are issued, an agreementbetween the City of Anaheim and the Tiger Woods Foundation shall be executed." Said agreement shall pertain to all aspects of the project including the modifications to the Dad Miller Golf Course and driving range':': relocation, the Learning Center construction and the resolution of issues pertaining to thee: Crescent Basin'development. 13. That no TWLC permits, or demolition/relocation'shall be commenced at the existing Dad ` Millertlriving range until the new range is constructed, accepted by the City antl placed jnto operation. 14. That ali 18 holesof the golf course sfiall remain open and`playable during the construction of the TWLC and the Dad Miller golf course modifications. Playability shall be determined by the Director of Community Services. 95. That no permits to construct the TWLC shall be'issued without aCity-approved plan set for the Golf Course motlificatidn project. Plans shall be approved by the Director of Community Services. Page 14 Staff Report to the Planning; Comm issioh November 17, 2003 Item No. 4 16. Tftat the location of construction staging areas shall be subject to approval by the Director of CommuniryServices. 17. That no Dad Miller modtficationlcohstruction shall begin prior to the receipt of an approved Proposition 12 Roberti.-Z'Berg-Harris grant from the State of California. 16. That prior to grading plan approval,,the petitioner shall prepare a Pedestrian and Bicycle Circulation.Plan for bike and sidewalk access along Gilbert Street and Crescent Avenue adjacent to the TWLCc Plan shall tie reviewed and approved by the Ciry Traffic and Transportation Manager and City Ehgineer. 19. That the County of Orange shall irrevocably offer to dedicate to the City of Anaheim an easement for.: a five (5),foot wide sidewalk and five (5) foot wide parkway along Crescent Avenue at Gilbert Street. Said easement is riangularlin shape (approx. 140 feet longx 5 feet wide) beginning at the intersection curb return and erminating at the fence line located 10 feet behind the existing curb, 20. That the petitioner shall prepare street improvement plans to construct a five (5) foot wide sidewalk and five (5) foot wide parkway along he full length of the project's frontage along ..Crescent Avenue at the Gilbert Basin. Plans_shall be submitted to the Public Works Department, Development Services Division and a bond sfiall be posted to guarantee that Crescent Avenue shall be improved in accordance with Public Works Standard Detail 101-E and as approved by the. City Engineer. The;improvemehts shall be constructed prior to final building and zoning inspection. 21, That the County of Orange shall irrevocably offer to dedicate to the City of Anaheim an easement for road, public utilities and other public purposes for the' proposed bus bay, parkway, sidewalk, and, public utility improvements along Gilbert Street. 22. That the petitioner shall prepare street improvement plans to construct a four (4) foot wide sidewalk and' eight (S} foot wide parkway along the full length of the project's frontage along Gilbert Streetat the Gilbert Basin. Improvemehts shall also include a bus bay; ten (10) foot wide sidewalk and six (6) foot wide bike trail adjacent to the TW LC. Plans shall be submitted to the Public Works Department, Development Services Division and a bond shall be posted td ,guarantee that Gilbert Street shall be improved in accordance with Public Works Standard Detail 101-E and as' approved. by the City. Engineer.' The Improvements shall be constructed prior to final building'and zoning inspections. 23. That the petitioner shall prepare street improvement plans to construct a four (4) foot wide sidewalk and'eight (8) foot wide parkway along the full length of the: project's frontage along Crescent Avenue at the'Crescent Settling. Basin. Street improvement and striping plans for the proposed improvements including;the transition to existing condit(ons shall be'submitted for review and approval by he Public Works Department, Development Services and Traffic Engineering Divisions. A bond shall be posted to guarantee that Crescent Avenue shall be :improved in accordance with Public Works Standard Detail 101-E and as approved by the City Engineer. The improvements shall be constructed prior to final building and zoning inspection. Page 15 Staff Report to the Planning Commission November 17, 2003 Item No. 4 24. That the applicant shall submit to the Public Works Department, Development Services Division for review and approval aProject 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 Contro(BMPs as defined in the Drainage Area Managemenk 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 hat will be responsible for long-term operation and maintenance'of r the Treatment Control BMPs;'and Describes the mechanism'for funding'the long-term operation and maintenance of the Treatment Control BMPs. 25. That prior to issuance of certificate of occupancy,'. the applicant shalt: ' • Demonstrate that all structural BMPs described' in the Project WOMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that he 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 WOMP are available onsite. • :Submit for review and approval by the City an Operation and Maintenance Plan far all structural BMPs. 26. That prior to gratling plan approval, the applicant shall demonstrate that coverage has been obtained under California's General Permit :for Stormwater Discharges Associated with Construction Activity by providing a copy of the Notice of llntent (NOI) submitted to the State WaterResources Control Board and a copy of the subsequent notification of the issuance'of a Waste Discharge Identification (WDID) Number. The petitioner shall'. prepare and implement a Stormwater Pollution Prevention Plan(SWPPP). , A copy of he current SWPPP shall be kept at the project site and be available for-City review on request. ' 27, That parkway landscaping and irrigation between the sidewalk and the curb shall be installed along': Crescent'Avenue and Gilbert Street with parkway irrigation tied into the on-site irrigation system and maintained by the petitioner. A bond'shall be posted in an amount approved by the City Engineer and in a form approved by the City Attorney prior to plan j'approval. The improvements shall be constructed prior to certificate of occupancy. 28. That the sanitary sewers and storm drains within the development shall be privately maintained. 29. That the City of Anaheim sewer connection fee shall be paid: The fee is currently. $350/ acre. 30. That the petitioner shall paya Sewer Capacity Mitigation Fee for the West Anaheim Area. Based on conclusions prepared in the Combined West Anaheim Area Master Plan of Sanitary Sewers, First Revision dated June 2002, a fair and equitable assessment system was: establisfied to assess appropriate fees tiased on hand use 'classifications and ;specific to the proposed development. The fee is currently $46!;1,000 sf for commercial developments. Page 16 Staff Report to the Planning Commissibn rNovembeEl7, 2003 :'item No. 4 31. That the petitioner shall obtain a Glean Water Act Section 404 permit from the United States Army Corps of Engineers and a Streambed Alteration'Agreementtrom the California Departmentbf Fish and`Game. 32. That the petitioner shall'contact the California Regional Water Quality Control Board (Santa Ana Region)' o determine if either basin is to be considered waters of the State requiring compliance with Section 13260 of the California Water Code (Porter/Cologne). 33. That appropriate best management practices (BMPs) must be developed and implemented to the satisfaction of the Public Works Department, Development Services Division, to control the. discharge: of pollutants both during construction antl for the life of the project. Cohstruction BMPs shall address, among other things tracking and blowing'of soil materials, and construction debris'into streets and natural and man-made water conveyances: Post- cohstructioh BMPs shall address' all pollutant loads carried by dryweather runoff and first flush storm water runoff from the'entire project. 34. That no waste material shall be discharged to any drainage areas; channels; streambetls, or streams. Spoil sites sfiall not be located within any streams or areas where`spoil material could be washed into a water body, BMPs shall be deployed around spoils at all times: 35. That a National Pollutant Discharge Elimination System. (NPDES)ipermit forany discharge of wastes to surface waters, or Waste Discharge Requirements for any discharge of wastes to land, shall be obtained as required by the California Water Code. 36. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 37. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering,Standard Plan Nos. 436, 601 and 602pertaining o parking tandards and driveway locations. Subject property shalt thereupon be developed and maintained in conformance withrsaid plans: 38. That all driveways shall be constructed with ten (10) foot radius curb returns as required by -.the City Engineer in conformance with Engineering Standard No. 137. Said informatibn shall be specifically shown on plans submitted focbuilding permits. 39. That the curb returns on the south side of Gilbert Street and Crescent Avenue shall be modified to provide far bus turning movements to andfrom Crescent Avenue. Said ihformation'shall be specificallyshown on plans submitted for building permits. 40. That gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic on the adjacent public street! Installation of any new gates shall conform to Engineering.Standard Plan No. 609 and shall be subject to review and approval by the:. City Traffic and Transportation Manager. 41. That existing'striping on Gilbert Street between Crescent Avenue'and the south driveway for the site shall':be modified to provide for a two way left turn lane or left turn lanes for the driveways., The striping shall be modified per approved plans prior to issuance of the building permit or as required by the City Engineer. Page 17 Staff Report to the Planning Commission November 17, 2003 'Item No. 4 : 42. That since this project has landscaping area exceeding 2,500 square feet, a separate irrigation metershall be installed and'comply with Ordinance No. 5349 and Chapter 10.19 of the Anaheim Municipal Cotle. Said information shall be specifically shown on`plans submitted for building permits. 43. That prior to application for water meters, fire line or submittal of water improvement plans for approval, the applicant shall submit to the Public Utilities: Department Water Engineering `; Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands for thejproject. 44. That the water backflow equipment shall be above ground; outside of the street setback area in a manner fully Greened from all public streets. 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 setbacki area in a manner fully screened from ali public streets. Said informatiorf shall be specifically shown on plans and approved. by Water Ehgineering{ and Cross Connection Inspector before issuance of building permits: 45. That all requests: for new water services or fire lihes, as well as any modifications, relocations, or abandonment of existing water services orfire lines, shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities Department. 46. That the legal property owner shall provide the City of Anaheim (Electrical Engineering Division) with ari easement to be determined as electrical design is completed;for electrical service lines. Said easement shall be submitted to the City of Anaheim prior to connection of 'electrical service: 47. That any requiretl relocation of City electrical facilities shall be at the developer's expense:. Landscape and or hardscape screening of all pad-mounted equipment shall be required. 48. That trash storage areas shall be provided and maintained.. in a location acceptable to the Public Works Department,jStreets and Sanitation Division'and in accordance with approved plans on file witft said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacenf'streets or highways. The walls of the storage areas shall be protected from graffit'opportuntties by the use of plant materials such es minimum 1-gallon. size clinging vines planted on maximum 3-foot centers or tall shrubbery. Said'informatioh shall be pecifically shown on the plans ubmitted for building permits. 49. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Sheets and Sanitation Division foF~eview and;' approval. 50. That ah on-site trash truck turn around area shall be provided per Engineering Standard Detail: No. 610 and as required by the Streets artd Sanitation Division:: Said information sftall be specifically shown on plans submitted for building permits. SL That plans submitted for building permits shall designate the area fo[ trash truck tum-around and indicate that"No Parking" signslshall be posted in the designated area. Page 18 Staff Report to the Planning Commission November 17, 2003.`. item No: 4 52. That the applicant shall file an Emergency Listing Card; Form APD-281, with the Police Department 53. That 4-foot high address numbers: shall be displayed on the roof ih a contrasting color to the roof material::. The numbers shalt not be visible from the view oftfie street or adjacenti properties. Said information shallbe specifically shown' on planssubmitted for building permits. 54. That the developer shall be responsible for compliance with all mitigation measures within the assigned time frames and any direct costs associatedwith the attached Mitigation Monitoring Program No4 121 as established by the Citybf Anaheim and as required by Section 21081.6 of the Public Resources Code to ensure implementation of those. identified mitigation : measures. 55. That subject property shall be developed substantially ih accordance with plans and specifications submitted to the City of Anaheim by the .petitioner and whicRplans are oh file with the Planning Department marked Exhibit Nos. T thrpugh 6, and as conditioned herein. 56. That prior to .issuance of a building permit, o[ within a period of one (1) year from the date of this resolution, whichever occurs. first, Condition Nos'3; 5, 6, 7; 8; 9, 12, 13;`'.15, 16, 17, 18, 19; 20, 21;22, 23, 24;26, 29, 30;31, 32, 33; 35, 37, 38, 39, 40; 41, 42, 43,.44, 46, 48;:49, 50; 51, and'53, above-mentioned; shall bebomplied with. Extensions for further time to complete said conditions may be granted in'accordance with Section 18.03.090 of the: Anaheim Municipal Code. 57. That prior to final building and zoning inspections, Condition Nos; 25, 27, 52 and 55, above- mentioned,'shall be complied with. 58. That approval of this application constitutes approval of the proposed request only to the extent that if complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal;}egulations. Approval does not include any action or findingsas to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement: Page 19 H W z W U N ® ~ll w I~1 VJ A V H G 'y O DD m'C O ~ C of ~ Rl p ° ~ ~ r j E ~ a d ~ on ° ~ ~ ` ' a ° a~ p aiw~ ~C7 3 ~~ , $ C G G " ° ~° U O m m m 3 " .X ~+ ~~ .m. ^~ C ~ U p C7 = °~ " m c u E ~ : ~ ~ U .O G W b G O 3 m W 0. y ~ G 7 U G'~ M N y .3 .E 3 .~ °o .E ; °~' ° a U .° ~ 3 m ° ° ~~_°~' o m •y° m E en ~ ~ F G • o •~ ° 'C Z .~ v ~ a H Cn ~ m a oq .oO E. •. onom .b ° 4. U w m ,G m O ~ G O o y ~ v > p 3 c ,~" m p, 5 v m~ 4 ~+ y 3 m ao Q ., 0 U M H Grpp U m w • C ~ EU oo a' a U ~ G 0. O ° W C v ~ ' " y ^~ ~ m Ow ~ en •C .~ ~ O N a °: a C '~ A V C U U y O w m y on G P 0. ~F.' ~ ' o ,.~] G p ~ U O y U O` ' ^ A w ~ DQ m U G DQ y /r~ A C7 ~ . 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O N N ~ Dm o no (J N 0 ~ ~n1AHE~r:~ Staff Report to the Planning Commission November 17, 2003 Item No. 5' 5a. CEQA CATEGORICAL EXEMPTION -CLASS 3 (Motion) 5b `CONDITIONAL!USEPERMITNO(2003-04791 .(Resolution)'.:. -SITE LOCATION AND DESCRIPTION: (1 } This irregularly-shaped 3.4-acre site consist5of five properties and is located at the northeast corner of Anaheim Boulevard and Ball Road;ihaving frontages of 258 feet do the sduth side of Clifton Avenue, 550 feet on the east side of Anaheim Boulevard, and 245 feet on the north side of Ball Road (1126 South Artaheim Boulevard). :'REQUEST: (2) The petitioner requests approval of a conditional use permit under authority df Code Section 1$.44.050:135 to establish a commercial7etail center with the addition of a third retail tenant space to an existing commercial building. BACKGROUND: (3) This site is developed with two buildings (one building occupied by Shoe City and one building occupied by Hahm Motorsports) and is zoned CL (SABC) (Commercial, Limited; South Anaheim Boulevard Corridor Overlay);: The Anaheim General Plan Land Use Element Map designates this site for General Commercial land uses. This property is also located within the Commercial/Industrial Redevelopment Project Area (South Anaheim Boulevard Area), which designates the site for Regional Commercial land uses. 7 (4) Surrounding General Plan land use designations are as follows: Direction General Plan Desi nation North across Clifton Avenue Commercial Professional and!Low-Medium Density Residential East: and South across Ball Road ;' General Commercial Wesfac~oss Mahelm Boulevard ' Commercial: Professional and General Commercial PREVIOUS ZONING ACTIONS: (5) The following zoning actions haveioccurred for this property: (a) Conditional Use Permit No. 2003-04785 (to establish an outdoor display area for a recreational watercraft sales agency with waivers of: a) maximum fence height, b) maximum number of signs, c) permitted location of monument signs, and d) minimum distance between signs) was approved by the Planning Commissioh on November 3, 2003 and Is currently within its 22-day appeal period. (b) Conditional Use Permit Nd. 2002-04559 (to permit the indoor retail sales of recreational vehicles [motorcycle, all-terrain vehicles and watercraft]'and accessories) was approved by the Planning Commission on July 1, 2002. '! (c} Conditional Use Permit No. 3772 (to permit a tour bus terminal including the storage and maintenance of buses and administrative offices) was approved by,the Council in 1995, following approval by the Commissjon. This facility never operatedat this location. srsosztr Page 1 Staff Report to the Planning Commission November 17 2003 Item No. 5 (d) Conditional Use Permit No. 2509 (to permit an automotive dealership with waiverof minimum landscape setback). was approved by the Commission in 1983: This auto dealership has since ceased'operation et this location. (e) 'Variance No. 2164`(waiver of'maximum;sign height within 300 feet of residential uses) was approved by he Commission in 1983. The subject sign has been removed from < the property. (f) Conditional Use Permit No. 749 (tp permit used car sales and new car storage, including all uses incidental,' and to permit encroachment in he PL Zone) was approved by he Commission in 1983. This auto sales facility is nolonger in' operation at this location. (g) Conditional Use Permit No. 459 (to permit an auto and truck overhaul, paint, mechanical, and body repair facility) was approved by the Commission in 1963.`This auto repair facility is no longer' in operation at thislocation. .PROPOSAL` (6J The petitioner proposes to establish athree-unit commercial center with the construction of an additional tenant space to an existing commercial building. This site consists of five (5) parcels, with two owners (Hahm Sales and Shoe City). ~,r.~ ~~,d~,,. `~'~u-yam. `",~~~,z: ~i y^"' ,_ J J y ~C, ~i,~y~~ v»YU=. ? 454 kiy~~?i`d~ x~ View of proposed expansion from the South',(aaross Hall Road) (7j The overall site plan (Exhitiit No. 1) indicates the site is improved with two commercial buildings (Hahm Sales and Shoe City), a portion of the recently approved outdoor display?. area for the retail sales of watercraft,: and associated common parking and access areas.'' The proposed expansion toahe Shoe City building would tie constructed at the east end of the building within an existing landscaped area setback 80-90 feet from Ball Road and 30 feet from the recently'approved outdoor display area for Hahm Motor Sports, and would house a third tenant space. Code requires a minimum lahdscaped'setback of 10 feeEfrom Ball Road. No interior setback is required, Page 2 Staff Report to the Planning'Commissioh November 17, 2003 Item No. 5; (8) Tfte enlarged site plan' (Exhibit No:j 1) indicates the tenant space would be 2;795 square feet .:(the existing,Shoe City tore is 6;208 squareteet), There are no modifications proposed to the;existing parking lot'ahd landscaping. (9) Vehicle access to the entire site is provided by two (2) driveways, `one from Anaheim Boulevard and one from Ball Road. Thereare 197 available parking spaces: for the combined site and the number of spaces required for the entire site with the'addition of the third tenant space would be 128 based on the fallowing: Area Code Required No. of Spaces Use ; (Square`Footage) Parking Ratio- Required s aces er 1,041) s.f, Hahm Sales 2,213 s.f. 5.5 12.2 Parts/Sales Area fiahm Sales 25',912 s.f. ' 2.5 64.6 ..Showroom 'l .Third Tenant 2,795 s.f. 5.5 16.4 S ace 'Shoe Ci 6,208 s.f. 5.5 34.1 TOTAL 36,128 s.f. 128 (10) The interior floor plan (Exhibit No. 2) indicates the new retail store would contain one restroom, access to the dear for deliveries, and entryway doors oriented tothe south facing Bali Road consistent with the existing Shoe City orientation. (11) The elevation plan (Exhibit No. 2) indicates the proposed additionwould be constructed to match the existing Shoe: City building. Boththe stucco and the roof canopy reatment would match the existing building and provide symmetry relative to the raised parapet at the center of the building along the south elevation. Aluminum storefront windows would be utilized for both the south and east;elevations. A two-foot high slump stone block planter and trellis would be placed along the east elevation. The slump stone material would match the recently approved 6-foot high block and wrought iron fence proposed along,the perimeter of Hahm Moto[Sports outdoor display area forYecreational watercraft. Elevation plans further indicate the location of future sighage on the. south elevation of the building facing Balf Road. The petitioner has not submitted a'plan for signage at this time. (12) Although the petitioner is not proposing any modifications to on-site landscaping, a landscape plan (ExhibitNo. 3) of existing landscaping was submitted. This plan indicates that a landscape planter varying from 5 td 27 feet ih width is located along Ball Road and Anaheim Boulevard, consisting of 8 Washngtonia robusta (Mexican Fan Pafms), 6 Lagarstroemia indica (CrapeiMyrtle trees), and a variety of shrubs, vines, and groundcover: Interiorparking area landscaping consists of 7 landscaped,fingers with 6 Tipuana tipu (Tipu trees) as well as associated shrubs and'ground cover. Code`requires a minimum of one (1 ptree per every twenty (20) feet of street frontage be planted in the landscape area adjacent to street frontages. Code furtherrequires that parking,lot landscaping include at least one (1) tree per three thousand (3,000): square feet of parking area and/or vehicular accessways distributed throughout the parking"area and an averageof forty-eight (46) square feet of planter area provided per required tree, with a minimum planter dimension of five (5) feet. Code also requires that ho more than ten (10) parking spaces be adjacent to each other in a row without being separated by landscape area with a minimum width of five (5) feet. Page 3 Staff Report to the Planning Commission November 17, 2003 .Item No. 5 ': (13) The petitioner submitted a etter of operation indicating that the new errant space would be for lease to house a retail business that would complement the existing ShoejCity store,` however, no specific tenant has been identified: The new. business'would operate during normal business hours cdhsistenfwith retails uses in the area. 'ENVIRONMENTAL IMPACT ANALYSIS: (14) The Planning Director's authorized representative has determined that the proposed project falls within the definitionbfCategorical Exemptions, Section 15301;',Class3 (New Construction), as defined in the State CEOA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. GROWTH MANAGEMENT ELEMENT ANALYSIS: (15) The proposed project has been reviewed by affected City departments to determine whether it conforms to the City's Growth Management Element adopted by the City Council on March 1 T 1992. Based on City staff reviewof the proposed project, it has been determined that this project does noffit within the scope necessary o require a Growth Management Element analysis, therefore, no analysis has been pertormed. EVALUATION: (1fi) Commercial retail centers (three or more tenant paces) are permitted in the CL (SABC) Zone subject to the approval of a Conditional Use Permit per Code Section 18'.44.050:135. (17) The site complies with Code requirements with the exception of on site landscaping. Because no modifications to the on site parking?and landscaping is proposed as part ofthis application, staff has included a condition of approval requiring that additional evergreen ' trees be planted'within the'existing landscaped'areas along Ball Road and Anaheim Boulevard in compliance with Code. Staff has also Included a condition of approval requiring that additional evergreen trees be planted withirt the existing parkinglot landscape area'in compliance with'Code. A condition of approval! has also been included to require that parking lot landscaping be refurbished (replacement of dead trees), and that perimeterlandscapng along'Clifton Avenue be refurbishedas well. (18) During site inspections for this request and the request for the outdoor display area for Hahm Motor Sports, staff observed a variety of on-site signs for oth Shoe City and the Hahm Motors operation, which are not consistent with lgnage typical of an'integrated commercial center: On-site signage throughout the center is neither consistent nor integrated due in'part to how the businesses have expanded over time (this request included). The£ommissidn may wish to note that although no specific signage is proposed, staff believes the expansion to this commercial building warrants a review of°existing do-site signage to develop a coordinated master sign program for the entire site. The development of a master sign program would eliminate repetition and create consistently'designed'signage tlentifying these''properties as one commercial operation. The reduction in signage would also eliminate the blighting influences associated with outdated/inconsistent signage (one of the goals of the project area). Staff has included a condition df approval, as included in the conditions for' Conditional Use`Permit No- 2003-04785 (to establish an outdoor display area'for recreational Page 4 Staff Report to the Planning Commissioh tJovember 17, 2003 item No. 5? watercraft sales agency)', requiring the petitioner address on-site signage byworking with staff to create: a coordinated master sign program for the entire site. (19) Staff is supportive of the request to establish a commercial retail center with the addition of a third retail tenant space to an existing commercial builtling. The Commission may recall a similar request to establish a 3-unitcommercial center at 101 South Brookhurst Street ; (Conditional ljse Permit No. 2003-04736), where both Zoning and' Redevelopment staff recommended denial. 'Several distinctions can be made betweert3his request and the proposal for South Brookhurst which contribute to staffs support of this proposal. This request is located on 3.4-acre site where theprevious request was locateden a 0.4-acre site. In the previous request, staff expressed concerns related to'site access and parking because the site size was not adequate to allow the full'development of thatproposed use, thereby prohibiting any opportunity for the petitioner to incorporate a feasible loading/unloading area for delivery vehicles on site. The size and Shape of this site is adequate to allow the full development of this proposed'use, including a loatling/unloading area for delivery vehicles on site. Staff expressed concerns regarding future acquisition of right-of-way oh Lincoln Avenue, which wouldseverely impact the already small commercial property. Although the intersection of Ball Road and Anaheim Boulevard has not been fully improved in conformance with the Circulation Element,'any potential future acquisition for such improvements would not impact site circulation and access.' With regard to 101 South Brobkhurst Street, staff'further expressed concems about the appropriateness of small`"strip centers" and Lndersized' commercial properties as contributors to blight and blighting influences due to their inability to establish along-term critical mass customer base needed to sustain them. This request is not located on an undersized commercial property and, due to`its proximity to an existing regional commercial use (Hahm Motors), may provide an ` opportunity for the establishment of a business that complements the existing regionatuse (sales of wetsuits, swimwear, etc). Because his commercial expansion would occur within tfie'context pf he adjacent regional commercial use, it would be consistent with the goals of the'Redevelopment Prdject Area,and would not contribute to blight and blighting influences typical of other small commercial "strip centers" located'on definitively undersized properties (i.e 101 South Brookhurst Street).+ (20) Staff believes this proposed expansion fits within the context of the adjacentregionally- based business, which. draws customers from surrounding areas„and is consistent with the r Redevelopment Projec€goals and'the goals :for development within the SABC Overlay Zone, and therefore; staff recommends approval of this request. (21) Community Development staff has reviewed this project, and concurs with the ....recommendation of approval since this expansion would provide an opportunity to enhance the existing regional commercial use (Hahm Motor Sports), and consistentwith the Redevelopment Project'goals for the development of a regional commercial facility (see attached memo). FINDINGS: (22) Before the Commission grants any conditional use permit, it mustmake a finding of fact that { the evidence'presented shows that all of the following. conditions exist: Page 5 Staff Report othe Planning Commission November 17, 2003 Item No. 5 (a) That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Cotle, or thafeaid use is not listed herein as being a permitted use; (b} That the: proposeduse 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 proposetl 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 burdequpon the streets and highways designed and improved to carry the trafFlc inthe area;'and (e) i 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 i~t of the City of Anafteim. RECOMMENDATION: (23) 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 3 (New Construction) of the CEQA Guidelines. (b) ', By resolution, aoorove Conditional Use Permit No. 2003-04791 (to establish a commercial retail center with the addition of a third retail tenant space to an existing commercial building) based'on the following: (i) That the proposed business is properly one for which a conditional use permit is authorized,6y the Zoning Code for the CL; (SABC) Zones and is consistent with the Regional Commercial'designatioh for this site as describedrin the redevelopment plan for the Commercial/Industrial (South Anaheim Boulevard Area) Redevelopment Project Area. (ii) That the proposed addition to establish a commercial retail center wouldnot adverselyaffect the'adjoining land uses and future growth and development of the surrounding area in which it is proposed. (iii) :That as conditioned, the size and shape of the site for the proposed `commercial center is adequate to allow the full development df the proposed 'use in a manner nofdetrimental to surrounding land uses. (iv) .That the g~anttng of Conditional Use Permit No. 2003-04791, under the conditions,imposed, would not be detrimental to the'peace, health, safety end general welfare of the citizens of the City of Anaheim. Page 6 Staff Report to the i Planning Commission: November i7, 2003 ' 'Item No. 5 THEFOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTIhIG AS AN INTERDEPARTMENTAL COMMITTEE'AND'ARE RECOMMENDED FOR"ADOPTION BY'THE . PLANNING COMMISSION IN THE EVENT'THAT THIS PERMIT iS''APPROVED. t That the petitioner shall submit a coordinated master sign program for'the entire site to the' Zoningbivision for review and approval. Said program sfiajl include the removal of advertising for Hafim from the existing monument sign on Ball Road. Any decision made by,the Zoning Division regarding aid plan maybe appealed to the Plannirig Commission as a Reports and Recommendations item. 2: That the petitioner shall submit a final landscape plan to the Zoning Division for review and' approval. Said plan shall include the planting of additionaVovergreen rees within the existing landscaped areas'along BaII Road and Anaheim`Boulevard'and within interior parking areas in compliance with Code. Said plan shah also demonstrate that interior parking lottandscaping and perimeter landscaping along Clifton Avenue be refurbished (replacement of dead trees, pruning and weeding) as well. Any`decision by the Zoning Division may be appealed to the Planning i Commission as a-"Reports and Recommendation" item. 3'. That if required to provide additional electrical service to the property,jhe property owner/tleveloper'shall provide the City of Anaheim with a public utilities easement to be determined as electrical design is completed. 4; That any required relocation of City electrical facilities shall be at the developer's expense.: 5'. That the locationsfor 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. 6. That the legal owner of subject property shall provide the City of Anafieim a public utilities easement along/across primary cable'underground and around the pad-mounted transformers. 7. That any required relocation of City electrical facilities will be at the property owner's expense. Landscape and/or hardscape screening of all pad-mounted equipment shall be,required and shall be outside the easement area of the equipment'Said information shall be specifically shown on plans submitted for buildingpermits. 6. That plans shall be submitted to the City Traffic and Transportation Manager for. his review. and approval in conformance with the Engineering Standard Nos. 436 and 601/602 pertaining to parking standards and driveway location. The site shall be'developed and maintained in conformance with said plans. 9. That the trash enclosure gates shall be painted and the trash storage;areas shall be refurbished to comply with approved plans on file with Public Works department. Said information shall tie specifically shown on plans submitted for Publio Works Department,' Streets and Sanitation Division approval. '`Page 7 Staff Report to the Planning Commission November 17( 2003 Item No. 5 10. That the property owner shall tie required to implement appropriate non-structural and structural Best Management Practices (BMPs) (these may be found online at CAMBMPhandbooks.com). The selected BMPs shall be reviewed and approved. by the Public Works Department, "Development Services Divisiorrand shall implemented and maintained to minimize the :introduction of pollutants to thestorm water drainage system. 11. That the legal property owner shall submit an application for a Lot Line Adjustmentto the Public Works Department, :Development Services Division.: The Lot Line Adjustment shall be approved by the City Engineer and recorded in the Office of tfte Orange County Recorder. 12. That prior to the issuance of a grading permit, the Cityof Anaheim Storm Drain Impact and ::Improvement Fee for the South: Central area shall be paid. The fee is currently $22,509 per neYacre. The project architect dr engineer shall document the existing impervious area and the: proposed impervious'area. Iftne impervious area remains the same or decreases, no fee is due. If the .:impervious: area increases, the fee shall be proportional to the increase. 13. That all backflow equipment sfiall be located above ground and outside of the street setback area in a manner fully screened from all publicstreets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment sfiall be installetl to the satisfaction of the Water Engineering Division in either undergrdund vaultsor 'outside of he street setback area in a manner fully screened from all public streetsiand alleys' Said information shall be specifically shown on plans and approved by Water Engineering and .Cross Connection Control Inspector. 14. That all requests for pew water'services or fire lines,.. as well as any modifications, relocations,. or abandonment of existing water'services and fire lines, shall be coordinated through' he Water Engineering Division `of the Anaheim Public Utilities bepartmeot. 15. That all existing water services and fire lines shall conform to the 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 proposed ad deemed necessary oriabandoned if the :existing service is no' longer needed. The owner/developer shall be responsible forthe costs to upgrade or to abandon any water service'dr fire line: 16. That the applicant shall file an emergency,iisting card, Form APD-281 with the Anaheim Police Department available at the Police Department fronkcounter. 17. That prior to the operation of any new business at this location(: a valid business license shalt 6e !obtained from the City of Anafteim, Business License Divisiorcof the Finance Department. 18. That the property shall be permanently maintained fn an orderly fashion by providing regular landscape'malntenance, removal of trash or debris,`and removal of graffiti within twenty-four (24) i hours from: time of occurrence:? Page 8 i Staff Report to the Planning. Commission November 17, 2003 Item No. 5 19. That no conveniehce markets and/or retail sales bf alcoholic beverages shall be,permitted unless a separate conditional use permit is approved by the Planning Commission. 20. That no video, electronic or other amusement devices shall be permitted on the premises. 21. That all' public phones shall be located inside the building. 22. That all trash generated from this commercial retail center shall be properly contained in trash bins located within approvetl 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 theproperty. The Code Enforcement Division of the Planning Department shall determine the need for additional bins or additional pick-up. All hosts for increasing the number: of bins or frequency bf pick-up;shall be paid by the business owner. 23. That any tree or other landscaping planted on-site shall be replaced ih a timely manner in the i event that it is removed, damaged, diseased and/or dead. 24. That no roof-mounted balloons or other inflatable devices shall be permitted on the property. 25. That no outdoor vending machines visible off-site shall be permitted on the property. 26. 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 specificallyshown on plans submitted for building permits. 27. That there shall be no outdoor storage: permitted'on the premises. 28. That roof-mounted equipment shall be screened from view in accordance with the requirements of Anaheim Municipal Code. Section 18.44.030:120 pertaining to the CL (SABC) Zone. Said information shall tie specifically shown on plans submitted for building permits. 1 29. That the number of tenant spaces for this commercial retailbenter shall be limited to three (3). Said information"shall be specifically hown on plans submitted for building permits. 30. That trash storage areas shall be provided and maintained In a location acceptable to thepublic Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said Department, Said storage areas shall tie designed, located and screened so as not to be readily identifiable from adjacent sheets 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 plantedon maximum three-foot centers or tall shrubbery. 31. That an on-site trash truck turn-around area shall be maintained per Engineering Standard Detail No 610 and maintained to the satisfaction of the Public Works Department, Streets and 1 Sanitation Division. 32. That no required parking area should be fenced in or otherwise enclosed for outdoor storage uses.` Page 9 Staff Report o the .Planning Commission Novembed 17, 2003 item No. 5 - 33. That the legal property owner shall submit a letter requesting termination' of Conditiohal Use ':Permit Nos. 3772 (to permit a tour bus terminal including the storage and maintenance of buses Zand administrative offices), 2509 (to permit an automotive dealership with waiver of minimum' landscape setback), 749 (to permit used'car sales and new car storage;: including. all uses incidental; and to permit encroachment in the PL Zone) and Variance No. 2164 (waiver of maximum sign height within 300 feet of residential Uses) to the Zoning' Division. 34.'That subject property shall be developed ubstantially 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 ExhibifNos. 1, 2, and 3, and as conditioned herein. 35.:That prior to issuance of building permits; or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1 2, 3, 5, 6 7, 8, 9,.10;.11, 12,:13, 15, 26 28, 29, 32 and 33 above=mentioned, shall be complied with. Extensions for further time to complete said conditions maybe granted in accordance with Section 18:03.090 of he Anaheim Municipal Code. 36. That prior to final building and zoning inspections, Condition Nos. 16, 1Tand 34, a6ove- mentioned, shall be complied with. 37. That approval of this application constitutes approval of the proposed request only to the extent Ghat it complies with'the Anaheim Municipal Zoning: Code and'any other`applicable City, State'and :'Federal regulations, !Approval'does not include any!action orfihdings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement, Page 10 ATTACHMENT - ITEM N0. 5 Sent via email ICC E Itll ® R P'9 Itl ®'LJ IVY CITY OF ANAHEIM COMMUNITY DEVELOPMENT DEPARTMENT DATE: November 6, 2003 TO: John Ramirez, Assistant Planner FROM: Kerry Kemp, Senior Project Manager SUBJECT: CUP2003-04791 -1126 South Anaheim Boulevard The following provides background information for the meeting on November 17, 2003, regarding the request to establish a commercial retail center by constructing a new tenant space next to the existing Shoe City located at 1126 South Anaheim Boulevard. The subject property ("Subject Property") is generally located east of Anaheim Boulevard .and north of Ball Road, and is located within the South Anaheim Boulevard sub-.area of the Commercial/Industrial Redevelopment Project Area ("Project Area") and the South Anaheim'Boulevard Corridor Overlay Zone ("Overlay Zone'). The Subject Properly is designated as General Commercial in the Redevelopment Plan for the Project Area, and the Overlay Zone contemplates regional commercial uses for the intersection of Ball Road and Anaheim Boulevard. The Subject Property is zoned CL (Limited, Commercial). General goals of the Redevelopment Plan include the following: Improving the physical appearance of the Project Area through rehabilitation of commercial and industrial buildings and sites The provision for increased sales tax revenues and business license fees and the retention and expansion of existing businesses Establishing modern and convenient industrial and commercial areas The expansion of additional tenant space .adjacent to Shoe City provides an opportunity to create a tenant mix that complements nearby Hahm Motorsports, a use that is regional in nature. Therefore, the proposed additional space is compatible with the land use as recommended in the Overlay Zone. The proposed improvements also help to achieve the goals of the Redevelopment Plan by improving the physical appearance, increasing revenues, expanding an existing business and establishing a modem and convenient commercial .area. Therefore, the Community Development Department concurs with the recommendation to grant the request for a Conditional Use Permit. The Department of Community Development appreciates the opportunity to provide input on this matter. Thank you for your consideration. c: Brad Hobson, Deputy Executive Director Eduardo Hernandez, Project Manager David See, Senior Planner FAOOCS~DEVSVCSVAEMOSUtKM3005A.DOC f- W W H O SgN~q qNq FRF F~qY CALTRANS PROPERTY ML T-CUP 2003-04790 \ T-CUP 2002-04539 CUP 2001-04333 (VAR 127) SMALL IND. FIRMS CH ML R 05 R c~ CL 60£1105 RCL 54--55 ~,' ~ m RGL 54-55-1 R VAR 1342 x~4 e ~ VA 1016 LA HABRA O J~ m SHOPS PRODUCTS U~ tt I'CI"I IVV~ b 1 uur 04b 32 DU wlLSy~R F RCOFF3CE fi7 ~G~j~ BLDG. ~ G(C \~ I ~ - ~2 ' 10'~ ®-Y ~ ML I S O LTy F ~q[ ~ ML 'Pti ' ~RMWp s SERV. f- ML ~Oq STN, y CUP tam-044sa ML C/q/ O EOUIR ~ CUP 3e31 VACANT CH o ~ Pq CUP 1949 i0fi1-105 ~ ° /~ R ~ ~ L A11T0 NCE iq x 0,9 ~ 49-50.5 REP Ct1P 303 CO, oU u CH gNjMAL. VACAM ~ RCL fi 0.61-105 uncP LINCOLN AVENUE I- ML o m l/1 CH W ' 56-57-66 CL y .ho RCL 64-65-53 W : 66-67-14 CH RCL 98-99-6 ~b ~°.~ ' x~4 m VAR 2520 S ~ VAR 1986 S 55-56-01 55.56'41 T-CUP 2002-04649 x ?'° Via Vow ~¢ MILLS FORD F ~ MACHINERY- 6UY85 CUP 104 T-CUP 2001A4301 CH ~ RCL 66417-51 pj < ~> ELL IA/000SHOP FURN- CUP 4061 K ITURE COMM. SHOPS _ CUP 2990 ~ EMARD MILLS FORD DOORS ~ J cc rci .n Conditional Use Permit No. 2001-04333 Subject Property TRACKING NO. CUP2003-04790 Date: November 17, 2003 Scale: 1" = 200' Requested By: LARRY AND CAROL HENRY Q.S. No. 53 REQUEST TO REINSTATE THIS PERMIT BY THE MODIFICATION OR DELETION OF A CONDITION OF APPROVAL PERTAINING TO A TIME LIMITATION (APPROVED ON MAY 6, 2002 TO EXPIRE ON OCTOBER 24, 2003) TO RETAIN A CHURCH. 309 North Manchester Avenue -Agape House of Prayer lozs Staff Report to the '.Planning Commission ' Ndvembec 17, 2003 Item No. 6 6a. CEQANEGATIVEOECLARATION(PREVIOUSLY-APPROVED) (Motion) 6b. CONDITIONAL USE PERMITsNO:'2001=04333 (Resolution) "' ,(TRACKING N0. CUP2003-04790) 31TE LOCATION AND DESCRIPTION: (1) This irregularly-shaped, 025-acre property has a frontage of 120 feet on the south side of Manchester Avenue; a maximum depth of 82 feet, and is located 210 feet west of the 'centerline of Loara Street (309'North Manchester Avenue -Agape House of Prayer); REQUEST: i (2) The petitioher requests reinstatement of this permit by the modification ordeletion of a !condition.. of approval'pertaining!to a timelimitation;(approved on May 6,2002, to expire on lOctober24; 2003) to retain a cfiurch under. authority of Code'Section No.' 18.03.093: BACKGROUND: (3) This property is developed with a building that has been converted into a church. The property is'zoned ML (Limited Industrial}and is also located within the Plaza Redevelopment Project Area. The General Plan Land Use Element Map designates this property, and all surrounding properties; for' General'Commercral land uses. >PREVIOUS ZONING'ACTIONS; (4) Conditional Use Permit No. 2001-04333 (to permit a church in an existing building with :waiver of minimum number of parking spaces) was approved by the Planning Commission on March 12, 2001, for atwo-year period and on appeal, was subsequently approvetl by .City Council on April24, 2001, for a periodbf one year. On May 6, 2002; he Planning .Commission approved CUP2001-04333 (Tracking No. CUP2002-04539) o reinstate this permit for a period of:18 months'to expire October 24, 2003. City Council:. took no action on "the reinstatement request. Planning Commission Resolution No. PC2002-66 adopted in conjunction with this permit contains the following condition of approval "1. That this conditional use permit shall expire pn October 24, 2003." biSCUSSION: (5) Dean Garcia, petitioner, has submitted a request for reinstatement to continue operation of ' a church.'The attached Justification for Reinstatement indicates that no significant bhanges to'the operation have occurred and further that the business is tieing operated in :`compliance with conditions of approval. The petitioner has indicated that the church"has no intention of relocating at this time and anticipates`pperating achurch at this location for at least three more years. Further, Larry Henry, property owner,,submitted aletter stating :'that the church has been a benefit to the building. (6) Staff conducted a site inspection and found the property is being properly maintained and that the petitioner is complying with all conditions of approval of Conditional Use Permit No. 2001-04333, Further, Code EhforcemenkDivisionYecords indicate that there are no outstanding complaints pertaining to this property. sr1132cw Page 1 Staff Report to the Planning Commission November 17 2003 Item No. 6 (7 The Church, Agape House of Prayer, has occupied thisindustrial building since April 2001. The Commission may wish to note that sincethe church has occupied the site, the overall appearance of the industrially-zoned property has been'significantly improved, The bultling has been painted and potted plants have been maintained along the building,front to enhance the entrance,. Staff feels that because the church has made significant improvements to the property, has' been operating in compliance with conditions of approval ono has proven not to be detrimental to the surroundingland uses;'the requestfor reinstatement hould be;approved (t3) With regard to the request for deletion of the time limitation, staff feels that though this project is located in the Plaza Redevelopment ProjecfArea, Imposing an additional time limit on the church would not serve to furtheethe goals`of the project area. The Reoevelopmeht Plan designates this property for retail)(auto dealership) uses. Shoulo the Retlevelopment plan move forward In the future, the property owner could decide to participate in'such plan at the appropriate time; however, in the interim, because the applicant has'demonstrated compliance witfi`alI conditions previously imposed and, as stated above; has improved the industrial property beyond its original condition and has not caused any negative impacts to the area, staff recommends the Commission aoprove this request for deletion of the time limit. ENVIRONMENTAL IMPACT ANALYSIS: (9) Staff has reviewed the request for reinstatement of this permit and finds no significant adverse env~rrnmental impacts resulting from this request. Therefore, staff recommends thaf the previously-approved Negative Declaration in connection with Conditional Use Permit No. 2001-04333'serve as the required'ienvironmental documentation'for this request upon a finding:. by the Commissiom hat the Negative Declaration reflects the`independent jutlgment 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 nd substantial evidence that the project will have a significant effect: on the environment.- 'GROWTH MANAGEMENT ELEMENT ANALYSIS: (10) The proposed project has been reviewed by affected City departments to determine whether it conforms witfi the Ciry's Growth Management Elemenfadopted by he City Council on March 17, 1992. Based on Ciry staff review of the proposed project, it has been determined that this project does not fit withinthe scopenecessary to require a Growth Managemenf Element analysis, therefore, nd'analysis has been performed, FINDINGS: (11) Before the Commission grants any conditional use permit, it musfmake a finding of fact that the evidence presented shows that all of the following conditions exist: (a= 'hat the proposeduse is properly one for which a conditional use permit is aithorized by the`Zoning Code, or thatsaid use is not listed herein as being a ermitteo use; (b) ; That the proposeduse will not adversely affect the adjoininc~'land usesand the growtfi and developmenYof the area in which it is'proposeo to be located; Page 2 Staff ReporEto the Planning Commission November 17, 2003 Item No. 6 (c) That'the size and shape of the site for the proposed use is adequate to allow ttie full development of the proposed use it `a mannernot 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) Thaf 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. (12) Subsection 18.03.093.040 of the Zoning Code requires that before the Commission grants reinstatement of the'approval by extension; modification or deletion, the applicant must present evidence to establish the following findings: '; (a) The facts necessary to support each and every: required showing for the issuance of suchentitlement as set forth in this chapter exist; (b) Said permit is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved by the approval body; (c) Said 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'necessary to permit reasonable operation under the permit as granted:: RECOMMENDATION: (13) Staff recommends that, unless additional or contrary informatioh 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 CEOA Negative Declaration is adequate to serve as the appropriate environmental documentatiorc for this request. (b), By resolution, aoorove reinstatement of Conditional Use Permit No. 2001-04333 (Tracking No. CUP2002-04539) without further time limitation, to retain a church based on the following: s (i) That this permit is being exercised substantially in the same manner and ih '`conformance with all conditions'and stipulations originally approved by the Council as Yequired by Subsection 18.03.093.040 of.the Zoning Code. {ii) That there have been no Code violations or complaints associated with this operation,:and the facility has not adversely affected; adjoining er nearby land 'uses. 'Page 3 Staff Report td the Planning Commission November 1Z, 2003 Item No. 6 (iii) That the size and shape of the site is adequate to allow the full development cf the church as described in the letter of operation, in a manner nofdetrimental to the particular area nor to the peace, health safety, and'general welfare since no intensification of use is'proposed. (iv} That without the modification or deletion of the time limitation, this use would not be permitted o continue operating at this property because a church requires a cdnditionafusepermit. (c) Staff further recommends that the Commission incorporate the conditions of approval contained in Planning Commissibn Resolution No: PC2002-66 into a newresolution'` which includes the following conditions of approval: 1. That three-foothigh address numbers shall be maintained and displayed on the roof in contrasting colors'to the roofimaterial. -The numtiers shall not be visible fromview of the street or adjacent properties. Z. That the property shall be maintained in conformance with plans previously reviewed by theiilCity Traffic and Transportation'Manager pertaining to Engineering Standard Plan Nos. 436,..601 and 602 relative to parking tandards'and driveway locations. 3: That the existing structures shall comply with the minimum standards of the City of Anaheim, including the Uniform Builtling, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the'City of Anaheim. 4. That there shall be no accessory daycare facilities or private schools permitted on this property. 51 That the property shall be permanently malntained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. fi`. That signage for' subject facility shall be limited to that shown on Exhibit No. 4;'as submitted by the petitioner Any additional signage shalt tie subject to approval by the Planning Commission as a Reports and Recommendations items 7 That the petitioner shall maintain a minimum of three (3) potted plants as reviewed and approved by the Planning Department, to be located rn the front bf the building. 8i That the trash tiamels shalt be stored`out of putilic view. 91 That guard (crash) posts shall be malntained around the existing fire hydrant located in theparking lot. 10. That subject property shallbe maintained substantially in accordance with plans and'specifications submitted to the. City of Anaheim by the petitionerand which plansare on file with the Planning Departmenf marked Exhibit Nosti 1, 2, 3, and 4, and as conditioned herein; Page 4 Staff Report to the Planning Commission November 17, 2003 Item No. 6 11. Tftat the hours of operation shall be limited to the following: Monday through Friday$ a.m. to 4`.30 p.m. (office hours) Tuesday and Wednesday 7 p.m. to 10 p.m. (Bible study) Thursday and Friday 7 p,m. to 9 plm. (Choir'practice and Outreach) Saturday and Sunday 8'a.m. to 2 p.m. (Church services and miscellaneous office activities) 12. That approval of this application constitutes approval of the proposed request only to the extent that it complies with he Anaheim Municipal Zoning Code and any other applicable City,: State and Federal regulations. Approval does not include any action o~ findings as to compliance or approval of the requesfregarding any other applicable ordinance, regulation or requirement. Page 5 ...................... ATTACHMENT - ITEM N0. 6 M1;MORAIVDUIVI CITY OF ANAHELM Code Errforcemettt Dirisien DATE: NOVEMBER 12, 2003 TO: GREG MC CAFFERTY, SENIOR PLA'r'1vER FROM: DAN DOMINGUEZ, CODE ENFORCEMENT OFFICER SLTJECT: C.U D.2001-04333-INSPECTION 309 N. M ANCHESTER A1~. On November 12, 2003, I conducted an inspection of the property located at 309 N. Manchester Ave. and observed that all conditions of the C.U.P. are being met and that there are ne .apparent A.NLC. violations on the property. If you hate an./ questions resarding my inspection or desire more information feel free to call 441i 709 N. MANCHESTER AVE. ATTACHt1ENT - ITEM N0. 6 PETITIONER'S STATEMENT JUSTIFICATION FOR REINSTATEMENT ° Section 18.03.093 of the Anaheim Municipal Code requires that before any conditional use permit or variance containing a time limitation can be reinstated for an additional period of time, or before such time limitation maybe deleted or modified by the Planning Commission or Zoning Administrator, the following must be shown: The facts necessary to support each and every required showing for the issuance of such entitlement as set forth in the following excerpts from the Anaheim Zoning Code still exist: 18.03.030 (Relative to Conditional Use Permits) Before the City Council or Planning Commission may grant any request for a conditional use permit, it must make a finding of fact, by resolution., that the evidence presented shows that all of the following exist: .031 That the proposed use is properly one for which a conditional use permit is authorized by this code, or is not listed herein as being a permitted use; .032 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; .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 detdmental to the particular area nor to the peace., health, safety and general welfare; .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; .035 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; 18.03.040 (Relative to Variances) Before any variance may be granted by the Planning Commission it shall be shown: .031 That there are special circumstances applicable to the properly, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; .032 That, because of special circumstances shown in .031, 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 by the approval body; 3. Said permit or vadance is being exercised in a manner not detrimental lp 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 necessary to permit reasonable operation under the permit or variance as granted. ° 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 soace Is needed. (over) CASE CUP NO.ZDDI - 0 4 3 3 3 ~> Has any physical aspect of the property for which this use permit or variance been granted changed significantly since the issuance of this use permit or variance? ^ YES ~NO 2. Have the land uses in the Immediate vicinity changed since the issuance of this use permit or variance? ^ YES ~ NO Explain: ~n ~Q 6'7 GA/ G(~ s /~/ Q !/~ NYI/.t_/~ i ~ ~~/~ sZX' f?M 3. Has any aspect of the nature of the operation changed since the issuance of this use permit or variance? ^ YES ~ NO /,7 ~~-~ Explain: .Z~/~ .FJ,t~fa7~1~~.G/ X /~i /!_-P__~Pp /Y!!C! .I~uta c~ G~'CO ~' 1?2P 4. 5. Z06225JKDOC 72/31 CASE 2 Are the conditions of approval pertaining to the use permit or variance being complied with? J~ YES ^ NO If you are requesting a deletion of the time limitation, Is this deletion necessary for the continued operation of this use ATTAGHt1ENT - ITEPi N0. 6 August 20, 2003 To the city of Anaheim I am writing this letter on behalf of Agape House of Prayer. Frankly I am hoping that the city would grant to Mr. Garcia & Agape House of Prayer an unlimited time for their extension for their permit. I and my wife Carol Henry are the sole owners of 309 N. Manchester. I f rmly believe that the church has been a benefit to my building and I would appreciate the cities approval of this permit. Sincerely, Larry P. Henry CUP N0.2oo~- 0 4 ~ 3 3 ATTACHMENT - ITEt1 N0. 6 RESOLUTION NO. PC2002-66 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2001-04333, AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. 2001 R=1 b6, ADOPTED THEREWITH WHEREAS, an April 24, 2001, the City Council did, by Resolution No. 2001R-106, grant Conditional Use Permit No. 2001-04333 to permit a church in an existing building at 309 North Manchester Avenue with waiver of minimum number of parking spaces; and that Condition No. 1 of said resolution specifies that the use permit shall expire one year from the date of approval on April 24, 2002; and WHEREAS, the property is developed with a building that has been converted to a church in the ML (Limited Industrial) zone; that the Anaheim General Plan Land Use Element designates this property for General Commercial land uses; and that this property is located within the Plaza Redevelopment Project Area; and WHEREAS, pursuant to Code Section 18.03.093 of the Anaheim Municipal Code, the petitioner has requested reinstatement of this conditional use permit to retain the church and modification of the condition of approval pertaining to the 1-year time limitation; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 6, 2002, 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 is properly one for which a conditional use permit is authorized by the Zoning Code; and that without the modification of the time limitation, this church would not be permitted to continue operating at this location. 2. That the proposal, as amended, will not adversely affect the adjoining land uses and the growth and development of the area in which It is located. 3. That the size and shape of the site for the proposal is adequate to allow full development of the use as described in the letter of operation, including as an interim use, in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare because the use is not proposed to be intensified. 4. That the traffic generated by the.use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That granting this reinstatement, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 6. That this conditional use permit is being exercised in substantially the same manner and in conformance with all conditions and stipulations originally approved by the City Council, as required by Subsection 18.03.093.040 of the Zoning Code. Tracking No. CUP2002-04539 CR5351 DM.doc -1- PC2002-66 7. That this conditional use permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfare; that there have been no Code violations or complaints associated with this operation; and that the church has not adversely affected adjoining land uses. 8. 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 church on a 0.25-acre property having a frontage of 120 feet on the south side of Manchester Avenue, a maximum depth of 62 feet, being located 210 feet west of the centerline of Loara Street, and further described as 309 North Manchester Avenue (Agape House of Prayer); and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 2001-04333 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 amend Resolution No. 2001 R-106, adopted in connection with Conditional Use Permit No. 2001- 04333, to reinstate this conditional use permit, and to amend the conditions of approval in their entirety to read as follows: 1. That this conditional use permit shall expire on October 24, 2003, 2. That three (3) foot high street address numbers shall be maintained and displayed on the roof of the building in contrasting colors to the roof material. The numbers shall not be visible to the adjacent street or properties. 3. Proposed Condition No. 3 was intentionally deleted at the May 6, 2002, Planning Commission hearing. 4. That the property shall be maintained in conformance with plans previously reviewed by the City Traffic and Transportation Manager pertaining to Engineering Standard Plan Nos. 436 and 602 (parking standards and driveway locations). 5. That the existing structures shall comply with the minimum standards of the City of Anaheim, including the Uniform Budding, Plumbing., Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim. 6. That no accessory day care facilities or private schools shall be permitted on this property. 7. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. - 8. That signage for subject facility shall be limited to that shown on Exhibit No. 4, as submitted by the petitioner. Any additional signs shall be subject to review and approval by the Planning Commission as a "Reports and Recommendations" item. 9. That the petitioner shall maintain a minimum of three (3) potted plants located in front of the building, as reviewed and approved by the Planning Department. 10. That no exterior amplified bells shall be installed or utilized in conjunction with this church. 11. That the trash barrels shall be stored out of the public's view. -2- PC2002-66 12. That guard posts shall be maintained around the existing fire hydrant located in the parking lot.. 13. That subject property shall be maintained 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, 3 and 4, and as conditioned herein. 14. That the hours of operation shall be limited to the following: Monday through Friday: 8 a.m. to 4:30 (office hours) Tuesday and Wednesday: 7 p.m. to 10 p.m. (bible study) Thursday and Friday: 7 p.m. to 9 p.m. (choir practice and outreach) Saturday: 8 a.m. to 2 p.m. (church services and miscellaneous office activities) Sunday: 8 a.m. to 2 p.m. (church services) 15. 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. May 6, 2002. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of (Original signed by Cr2ig p,nthony Arnold) CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: (Original signed by Eleanor Fernandes) SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Fernandes, 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 6, 2002, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, 1 have hereunto set my hand this day of .2002. (Original signed sy Eleanor Fernandes) SECRETARY, ANAHEIM CITY PLANNING COMMISSION _3_ PC2002-66 ATTACHMENT - JTEM N0. 6~`~ ~ RESOLUTION NO. 2001R-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING . CONDITIONAL USE PERMIT NO. 2001-04333 FOR A PERIOD OF ONE YEAR. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code to permit a church in an existing building upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: :;~ THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION NINE, TOWNSHIP FOUR, RANGE 10 WEST, S.B.B. & M., IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHWESTERLY LINE OF THE RIGHT OF WAY CONVEYED TO THE STATE OF CALIFORNIA BY LOUIS BOOMS AND WIFE, BY DEED RECORDED ON MARCH 21, 1935, IN BOOK 743, PAGE 18 OF OFFICIAL RECORDS, WHICH POINT IS DISTANT 208.41' FEET MEASURED ALONG SAID SOUTHWESTERLY LINE FROM THE INTERSECTION WITH THE CENTER LINE OF LOARA STREET; THENCE CONTINUING NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LAND CONVEYED TO THE STATE OF CALIFORNIA, 316.03 FEET TO AN INTERSECTION WITH THE NORTHEASTERLY LINE OF THE RIGHT OF WAY OF SOUTHERN PACIFIC RAILROAD COMPANY, THENCE SOUTHEASTERLY ALONG SAID NORTHWEST CORNER OF THE TRACT OF LAND CONVEYED TO LOUIS BOOMS AND WIFE TO CHARLES 0. POTTER AND WIFE BY DEED RECORDED MARCH 26, 1930, IN BOOK 369, PAGE 88 OF OFFICIAL RECORDS THENCE EAST ALONG THE NORTH LINE OF SAID TRACT OF LAND CONVEYED TO CHARLES 0. POTTER AND WIFE, 33.15 FEET TO A POINT DISTANT WEST 220 FEET MEASURED AT RIGHT ANGLES FROM THE CENTER LINE OF SAID LOARA STREET; THENCE NORTHEASTERLY A DISTANCE OF 80.67 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THE FOLLOWING: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION NINE, TOWNSHIP FOURTH SOUTH, RANGE TEN WEST, S.B.B. & M., IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHWESTERLY LINE OF THE RIGHT OF WAY CONVEYED TO THE STATE OF CALIFORNIA BAY LOUIS BOOMS AND WIFE BY DEED RECORDED MARCH 21, 1935, IN BOOK 793, PAGE 18, OF OFFICIAL RECORDS, 102.14 FEET NORTH 77 DEGREES 49' EST, AS MEASURED ALONG A CHORD OF,~~, A CURVE HAVING A RADIUS OF 1540.00 FEET FORM THE BEGINNING OF SAID CURVE, WHICH END OF CURVE IS 223.93 -- FEET NORTH 79 DEGREES 43' 06" WEST, AS MEASURED ALONG THE SOUTHWESTERLY LINE OF SAID RIGHT OF WAY, FROM ..THE INTERSECTION OF THE CENTER LINE OF LOARA STREET WITH THE EASTERLY EXTENSION OF SAID SOUTHWESTERLY LINE, AND RUNNING FROM SAID POINT OF BEGINNING SOUTH 18 DEGREES 07' WEST 53.15 FEET TO THE NORTHEASTERLY LINE OF THE RIGHT OF WAY OF THE SOUTHERN PACIFIC RAILROAD COMPANY, THENCE NORTH 57 DEGREES 12' 36" WEST ALONG SAID NORTHEASTERLX LINE, 205.07 FEET TOT HE INTERSECTION OF SAID NORTHEASTERLY LINE WITH THE SOUTHWESTERLY LINE OF SAID LAND CONVEYED TO THE STATE OF CALIFORNIA, THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE, 197.35 FEET TO THE POINT OF BEGINNING; and a~• WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC2001-32 granting Conditional Use Permit No. 2000-04333; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful consideration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code. 2. 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. -2- 3. 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 nor to the peace, health, safety and general welfare. 4. 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. 5. 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. AND WHEREAS, the City Council does further find, ,;,after careful consideration of the action of the City Planning Commission and all evidence and reports offered at said public hearing before the City Council regarding said requested waiver(s), that all of the conditions set forth in Section 18.06.080 of the Anaheim Municipal Code are present and that said waiver(s) should be granted, for the following reasons: 1. That the variance, under the conditions imposed, 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 2. That the variance, 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; and 3. That the variance, will not increase the demand spaces upon adjacent private vicinity of the proposed use provided as parking for such compliance with Section 18.0 Code); and under the conditions imposed, and competition for parking property in the immediate (which property is not expressly use under an agreement in '0.010.020 of the Anaheim Municipal 4. That the variance, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for such use; and 5. That the variance, 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. -3- WHEREAS, the requirement of the City of Anaheim for a conditional use permit for institutional uses involving-the assemblage of large numbers of persons, including churches, furthers a compelling governmental interest in regulating the noise and traffic such uses can cause and which can be detrimental to the rights of surrounding property owners and occupants to the quiet enjoyment of such properties; and WHEREAS, such conditional use permit requirement, the requirement for adequate off-street parking to accommodate persons attending such uses and activities, and the specific conditions imposed in this resolution, are the least restrictive means of furthering that compelling governmental interest. ,w;. NOW, THEREFORE, SE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, that Conditional Use Permit No. 2000-04333 be, and the same is hereby, granted permitting a church in an existing building on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: Sections 18.06.050.020.026.0266 - Minimum number of 18.06.050.030.031 Parking Spaces 18.06.080 (38 required; 10 existing) and 18.61.066.050 subject to the following conditions: 1. That this conditional use permit shall expire one (1) year from the date of this resolution, on April 24, 2002. 2. That three (3)-foot high address numbers shall be displayed on the roof of the building in a color contrasting to the roof material. The numbers shall not be visible to any streets or adjacent properties. Said information shall be specifically shown on plans submitted for building permits. 3. That all existing water services shall conform to current Water Utility Standards. Any existing water services that are not approved by the Utility for continued use shall be upgraded to current standards, or abandoned by the property owner/developer. If the existing services are no longer needed, the property owner/developer shall abandon them. 4. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the current versions 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. Said -4- information shall be specifically shown on plans submitted for building permits. 5. That the existing structures shall comply with. the....... minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes, as adopted by the City of Anaheim. Said information shall be specifically shown on plans submitted for building permits. The appropriate permits shall be obtaining from the Building Division. 6. That there shall be no accessory day care facilities or private schools permitted on this property. 7. That the property shall be permanently maintained in an ,;,y;,brderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 8. That signage for subject facility shall be limited to that shown on Exhibit No. 4, as submitted by the petitioner and approved by the Planning Commission. Any additional signs shall be subject to approval by the Planning Commission as a ~~Reports and Recommendations" item. 9. That the petitioner shall provide a minimum of three (3) potted plants be located in front of the building, as reviewed and approved by the Planning Department. 10. That no exterior amplified bells shall be installed or utilized in conjunction with this church. 11. That the trash barrels shall be stored out of public's view. 12. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement for public utility purposes to be determined as electrical design is completed. 13. That guard posts shall be installed around the existing fire hydrant located in the parking lot. , 14. That subject property shall be developed substantially in accordance with plans and specifications submitted to the Cit y of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1, 2, 3 and 4, and as conditioned herein. 15. That a letter shall be submitted to the Zoning Division requesting termination of Variance No. 127 (permitting the mixing of paint and a storage warehouse). -5- 16. That, within thirty (30) days following the date of this resolution, the petitioner shall obtain, and maintain in__. effect during the term of this conditional use permit, a written agreement with the owner of the property or. the owner of other adjacent property to provide not less than 28 off- street parking spaces available for such church use 'on adjacent property. 17. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, or prior to commencement of the activity authorized by this resolution, whichever occurs first, Condition Nos. 2, 4, 5, 12 and 15, 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. 18. That prior to final building and zoning inspections, or within a period of one (1) year from the date of this resolution, or prior to commencement of the activity authorized by this resolution, whichever occurs first, Condition Nos. 3, 9, 13 and 14, above-mentioned, shall be complied with. 19. 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. 20. That within a period of one hundred twenty (120) days from the date of this resolution, the legal property owner shall submit an application to the Public Works Department, Development Services Division, for either an Encroachment License or an Abandonment to allow the applicant to park adjacent to the building. Said Encroachment License or Abandonment shall be completed within six (6) months. BE IT FURTHER RESOLVED that the City Council 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 conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court pf competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. -6- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 24th day of __ April, 2001. MA OR OF THE CITY OF AHEIM ATTEST: ~~,~ ~~%. CITY CL R~K OF~THE CITY OF ANAHEIM ~` 39975.1 -~- E> RM-1200 I I 5 RM-72aa-rs j m x ~ I I l VAR 2Q01 -04445 > > > 1 DU VAR 3755 ~~ p ^ p APARTMENT 10 DU RCL 65E6-09 5g£6-4i ~ p 1D11 -® SMALL SHOPS 5 5 CUP ng ~ SMALL P 3 12 SHOP LINCOLN AVENUE PNA E1GG GH gGN ~a~m'g N 4/G Y9 A LI N~,'O rOL 00/~ ~f C ~.,... OC c Z. ~u O~ DPRWPSH 9y,G ~ m z u, 0 ~cu~ ~~-C i-~ GG ~^ .\ ~ V ~ \ p ~~~ ~ ~ n nA ~ G N ~ \ \ GE ~~~ 2U~ ~9Tx c >i p v Nc$ ~ l Gl O v ~ p 6 -~ m u G - n tRG4.~ $ G '` \ G a \ ~ D Na O G ! \ ~ G Cm O G G ~ pD.G \ V'P BP ~ ~ ~(1 GOU \(P '~ G VPCPHS P~JP'!\801 l 9l 1 .a r ~ o~ x JJ w ,12v,,,, ~ \ ~ PD c00„x :. GU N .1 i~ D lap g6'»~ ~pU W ~ x . G 1. RaGl69 p662 ,1691?1~. A(j1 ~ n GU g DUB ~ F LUP .a2 ~ u, O ..S ~pU \151 .; ~ Q . v~l G C 4 =~ ~69 O U R ,DV 5 ~ VP . cN~~; :,: v r c 3 \ '~_ xpU - g1 ,, v O-1 ~ ~D~ ' HEe~N v , > 112 C z v ,2ao ~ ~~ ~ ,r v '~ x ? 5yG12p0 9UA,) '~ , DU ' v ~ xao Do ~+ '~ z 1 ,xou , f~ ~~ y ~ a v ~s 2 DU <u ~ ncl-sy6a a' ~Gyl C ... \ , • ~ U023 :. \ A 24~~6.6'i.lt`+ \ ~{ {. {~5~'R2 :: 1U+1 ,2A~~.21 o1~t ~ T ': \ '~q ' O ':G G G: ; i' G G :. ~a DW PY BROP t Reclassification No. 2003-00112 Requested By: CITY OF ANAHEIM Suhject Property Proposed RS-5000 Zoning ~~,; RS-7200 (J;. ~, '~ ZDU o \ 1 DU EPDH G OH EP1 Re-ED~pO,Ua 1yc~ xo o~oo,ox act. zo VP 1pU R figb5-,30 1 DU RGVPR O~Dfi ,DU lye-T 1 DU/~ Date: November 17, 2003 Scale: Graphic A CITY-INITIATED (PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENTS) REQUEST FOR RECLASSIFICATION OF THE PROPERTIES FROM THE CG (COMMERCIAL, GENERAL), PD-C (PARKING DISTRICT -COMMERCIAL), RM-1200 AND RM-2400 (RESIDENTIAL, MULTIPLE-FAMILY) ZONES TO THE RS-5000, AND RS-7200 (RESIDENTIAL, SINGLE-FAMILY) ZONES OR LESS INTENSE ZONES. THE 74 PROPERTIES ARE CONTIGUOUS AND LOCATED IMMEDIATELY WEST OF THE COLONY HISTORIC DISTRICT, IN THE "5 POINTS NEIGHBORHOOD" ENCOMPASSING APPROXIMATELY 12.5 ACRES. 1032(2003-11-12) Staff Report to the Planning Commission November 17, 2003 Item No. 7 7a CEQANEGATIVEbECLARATION (Motion) 7b. ` RECLASSIFICATION NOi 2003-00112 (Resolution) 7a i' REQUEST FOR REVIEW OF''GRANDFATHER'`PROVISIONS (Motion) SITE LOCATION AND DESCRIPTION: 1 (1) The subject74 properties are located within the "5 Points Neighborhood" encompassing 'approximately 12.5 acres, bounded by Lincoln Avenue to the north, West Street to the east, Broadway to the south and the 1-5 (Santa Ana Freeway) to the west (1101,'.1107, 111.1, 1:115, 111.9;' 1123, 1127, 1131, 1:133, 1139; 1143, antl 1145 West Broadway, 1100, 1104, 1110, 1114; 1118, 1122, 1124, 1:126, 1130; 1204, 1207, 1209,1210, 1215;.1218, 1224, 1227, and 1229 West Center Street, 114, 1:18, 120, 122, 128, 200, 206, and 210 South Cherry Street, 1114, 1.115, 1116; 1119, 1120, 1123, 1124, 1127:, 1128, 1132, and 1133 West Chestnut Street;' 1200„1204, and 1226 West Lincoln Avenue, 110, 1:15, 116,.120, 321, 122, 125, 126, 131, 200, 201, 205, 206, 210, 213, 214, 217; 223 and 225 South' :Walnut Street, 115, 123, 125, 203, 211, antl 215 South West Street). [fhe following? addresses, located within the boundaries of the "5 Points Neighborhood" (described above), are not a part of this request: 1105, 1107, 1..109, 1129'and 1203 West Center 'Street and 1100,'1102, 1104, 1.106, 1108, and 1120 West Lincoln Avenuei These parcels that are nota part of this request form the "triangle" that contains asingle-family residence, the relocated "5-Points Building,'` parcels for parking and parcels for Open Space.] REQUEST: (2) City-initiated (Planning Department and Community Development Department) request on behalf of the Anaheim Colony Neighborhood Council;(see Attachment No.1) for reclassification of the properties'in the "5 Points Neighborhood"as follows: Area 1 as shown on the attached Vicinity Map and further described as the properties located approximately 535 feet west of the'centerline`of West Street and east of the I-5 `(Santa Ana Freeway);: between Center Street and Lincoln Avenue from the CG :'(Commercial, General) zone to the RS-5000 (Residential, Single-Family) zone or a less :intense single-family residential2one; and Area 2 as shown on the attached Vicinity Map, located at the northwest corner of Broadway :Wand Walhut Street, cbntaining four (4) parcels of land (3 vacant;parcels and 1 parcel' "developed,with apartments, 213 South Walnut Street) from the RM-2400 (Residential, i Multiple-Family} zone to the RS-5000 (Residential Single-Family) zone ora less intense { single-family residential zone; and Area 3 as shown on the attached Vicinity Map containing the remainder of the subject ,.,properties from the CG (Commercial, General), PD-C (Parking District -Commercial), and the RM-1200 and RM-2400 (Residential, Multiple-Family) zones to the RS-7200 (Residential, Single-Family) zone or less intense single-family residential zones. BACKGROUND: (3) On October 6, 2003, the Planning Commission initiated proceedings to reclassify the .....seventy-four. (74) parcels, located within the "5 Points Neighborhood" from commercial and ; .multiple-family zoning to single-family residential zoning. Notice of the October 6th meeting to initiate Yeclassification of these properties was mailed to all affected property owners. ' sr6667cfaoc Page 1 Staff Report to the Planning,Commission November 17, 2003 'Item No. 7` (8) The property owners within the "5 Points Neighborhood" were invited by mailed invitation to attend the April 24,:2003, Anaheim Colony Neighborhood Council meeting o hear a Planning'Department toff informational presentation'describing(survey results, including an explanation of the Reclassification process followed by a question and answer session. 'Approximately 30 residents from the "5 Points Neighborhood" and the Colony Historic' :District attended the meeting. (g) The current Anaheim General Plan Land Use Element Map designates Area 1 for General 'Commercial Land Use. The requested zoning (RS-5000) for Area 1 would not be finalized uhless theiRecommended Land Use Alternative of the General"Plan Update with a 'designatiort of Low Density Residential is atlopted by Ciry Council. The current Anaheim General Plan Land Use Elemerit Map designates Area 2 and Area 3 .for Medium Density Residential Land Uses allowing up to 36 dwelling units per acre:: The requested zoning (RS' 5000 and' RS-7200) would allow up to 8.7 units per acre and finalization'bf zoning`could occur prior to the pendingadoption of the General Plan Update. (10) Surrounding General Plan Land Use designations are as follows: °~~~" dfC®ctfiift r :- ' tatTn ,Gart~i~aCF'tan=D®sl na8o"'°~ -,, ~_`, . Nbrth adros5 Lincoln . Avenue General Commercial East across'West Street Medium Density Residential and Low-Medium '' Densi Residential South acrossi;Broadwa Medium Densi Residential West Freewa I-5Santa Ana Freewa ' DISCUSSION: (11) 1eclassification of properties in the 5 Points Neighborhood" from the CG,' PD-C, RM-1200 and RM-2400 zones`to the RS-5000 and"RS-7200 zones is being requested by the Planning DepartmenNand the Community Development Department on behalf of the Anaheim Colony Neighborhood Council asa meansto preserve the single-family residential character of this historic neighborhood, (12) The proposed downzoning is intended to eliminate the potential'of this neighborhood, being demolished and replaced by commercial„apartment dr multiple-family developmentthat would be incompatible with the immediate surroundings. (13) Staff proposes RS-5000 zoning for the CalTrans remnant parcels located bn the north side of Center'Street Area 1), cumerttly zoned'CG. The Community Development Department will be reviewing the'feasibiliry of using these parcels'for the relocation of historic single- family structures from other Anaheim locations. As mentioned,in paragraph (g) above, the finalization of zoningfor Area 1 would only?occur if the Recommended Land Use Alternative'bf the General Plan Update is adopted by Council with the Low Density ii2esidential7and use`designation. (14) Staff proposes RS-5000 zoning for the properties in Area 2. currently zoned RM-2400. The Community Development Department wilt develop the vacant. City-owned parcels in`Area 2 with single=family residences. Area 3, currently zoned CG, PD?C and RM'-1200, would be reclassified to RS-7200 thereby corresponding to themajoritybf lot sizesand existing Yesidentia(development. Page 3 Staff Reportto the Planning Commission November l7, 2003 Item No. 7 ' (15) Legally-established multiple-family dwellings Ghat become non-conforming by this Reclassification would 6e subject;to the following existing CodeSection: "18;02.058.030.033 Reconstructioh of Nonconforming Buildings. Any nonconforming building which destroyed toahe extent of NOT MORE than fifty (50%} percent of its reasonable v~ fire; explosionor other casualty or Act of Godj or the public enemy; or (2) destroyed;; ~; ~ whole br in part, as part of a disaster or calamity;.: involvingnot less that 300 residential and/or commercial,units which results in4a state of'emergency or local emergency being duly proclaimed pursuant to the Califomia Emergency Services Acfas set forth in Chapter 7 of Division b'of Title 2 of the Government Code of thee: State of ' California, may be restored and the occupancy or use of such building or part thereof which existed at the lima of such partial destruction maybe continued subject to all other provisions of this chapter." (16) During the Planning Commission's'discussion of the initiation of these reclassification proceedings'at the October 6, 2003 meeting; he Commission ezp~essed art' interest iri? "grandfathering" existing legally-established multiple-family dwellings that would become non-conforming by this reclassification. Staff ~eguests'Commission comment and recommendation on thelfoliowing draft code amendment to the Permitted Primary Uses of the RS-5000'ahd RS-7200 Zones as follows: r "Notwithstanding the foregoing, the reconstruction of any legally-established multiple-family dwelling located within the Anaheim Colony Historic District (bounded by North, South;!East and West Streets) or the "5 Points Neighborhood" (bounded by Lincoln'Avenue,,Wesl Street, Broadway and the I-5, [Santa Ana] Freeway),that is damaged or destroyed by earthquake, fire, wind, flood, explosion or other disaster, casualty or act of God, or of a ' putilic enemyshall be permitted provided that: (i) the dwelling is made non-conforming by the adoption of an ordinance for reclassification to a less intense zone on or'after August 26,.2003, (ii) the dwelling is constructed in conformance. with development standards in the Zoning Code in effect oRAugust 26, 2003, which were applicable to the property prior to reclassification to a less:intense zone; (iii) the number of units shall not exceed the number of legally established units which existed on the effective date of said reclassification; (iv) reconstructiornis in conformance with all applicable building codes and regulations, other than development standards as set forth above, in effect at the time of reconstruction;' and (v) a complete application for a building permit to authorize reconstruction is filed witfi ttte Building Division within two years of the date of the event that caused the damage or destruction:' i HOUSING ELEMENTANALYSIS: (17) Effective January 1, 2003, Government CodeSection 65863 restricts cities' ability to reduce the maximum allowable density on property in areas alreatly designated or zoned for residential uses to a jevei below the density used by he State of Califomia Housing'and Community Development Department (HCDjwhen determining whether a city's housing element complied with state law. It is immaterial under he statute whether tfie reduction is initiated by a city of by a member of the public. A city may neither require no[ permit the reduction of density of any such residentially-designated; parcel, unless the following findings are made: (a) That the proposed'reduction in density is consistent with the General Ptan, including the Housing Element. (b) That the remaining sites identified in the Housing Element are adequate to accommodate the City's share of the regional housing needs. 'Page 4 Staff Report to the Planning Commission %November;l7, 2003 Item No. 7 Ifa city cannot make the second finding, it may still make the reduction in density if it 'identifies sufficient "additional, adequate, and available sites" with an equal or greater: residental capacity in;the jurisdiction so that there is fio net loss of residential unit capacity. In some instances, it may be necessary for he city to,"up-zone"'some other area of the city in order to legally accomplish a down zoning (Government Code'Sectipn 65863). This :statute provides attorneys fees to a successful plaintiff challenging a city under the statute. The City Attorney's Office has reviewed Section 65863 and advised that Government Code `Section 65803 statesthat the sections in Chapter 4, of which 65863 is a part, do nof,apply to charter cities except. as otherwise provided. Since Section 65863 doesnot specifically indicate applicability tq charter cities, it is believed that. such provision doesnot apply o Anaheim, a charter city. However, as a practical matter the reclassification of property :needs to be consistent with theiGeneral Plan, including the Housing Element. Anaheim fias a Housing Element, approved by HCD,,based upon the City's provision of certain ''identified Housing Opportunity: Sites. To ensure that zoning actions remain consistent with fie General' Plan, it islrecommended thattfie findings-in Section! 65863 be'utilized as a model, and. be analyzed by the City when property is rezoned to a density below that considered in the approved Housing Element as a method of determining continuing conformance with the assumptions contained therein. (18) The Housing Element'of the General Plan indicates the following Housing Opportunity Sites within the dentral portion of the'city. n..:- q, 1 5 y 4k s~ "1k~ t tt' ,~,. : ~ I ~CiI r c s S $ its F$at ~t ~ wk g4,4 ° V'~`` ~ t f ~ ~' ~ f ~ i c4~ ~~ ~it~~~ Y i ~~` of c+~~ "5 Points Neighborhood ~,;~ ~~N~~ ~~~ ~~ ~ ~ ~ ~^~;~p ~ ~~~` ~ ~ aT ~ -;•-~-„~ t~ 1 A`"- x b '$, l ~vy i 'w< R t ~ P ~ I ~ ~~ ~~`~ ''` sit ~wt~Z-'S. ~~~i ~ ~y ~'~s ~{xjR~'~ ~~ ii 5-,r ~~y o-"~c`-ry-EF r n~,i""eY g x ti C`3' lc}.L * ~"'r~ "' W 1 („[,i- 1 I ~f .k +a.q ,kf ~~'~~ S~{l.+`...Y°59~ ~/y~Q`~ .Y.~~1N~I.i3y ~i S{~c~..~`F"~1~~~ .+z -°~" V ~) v' v ... b ti .~~~'r~i~r .;~14~~ y~LLLC~ Y IC i (~"fjj 4"~ ~ ~~ ~~~~-~ u `~l~'~R"M~?,1"'ySSS~~ ~:I ~ 411 L;Lty. ~ ~% e ~ ~ a ~s ~"~ rzt~ n i`C~~~` ~y ~ 2xt~ 'ii~ ~~~s:~i ~Y r~ A~~'r, ~' ~ ~~i~, y' ~5 i.~s , ~ ~ $~ `.f 'a"' ~'' ~ltk~441 a ~.ii gg {f 3, i' 4 4 k 4. ~~ } fn ~~ r S~wa#~~7,r'¢`' ~" 1t3 5t i d ji "i r. "n ~a p ,L p. ~.~,+it..'' , ,`cr,5 ~ ao-€.~~ 4~~ t"°...y'^t ` sz C c cl k ~y ~ 4 1=-~~-~C3" pFC ~ ~P'~~' 3 'x ~~ Mf" ,hc, "i ~ ~~1 ~ i s t , -~ I to x s a S ~( T ~34 ~~ a +,~~ ~nx ~ rya ~ ,.~ ~s j ~t~~~~~y Y ~~ ~ ~ ., ~ i,x-. it'~~~e.mw `'' -t ~~ys ice- ,~ y..: 'S ~~ i~ ~ ,~- t ...,{w.~ ° ~~=.'. ~ f~ i~r ~ ~;t~,_y~ ~i t ~ '. ~ ~ i~t t r~f~ M1, ( E' 9JSL(. ~ c- i r : c ~, [ CEHTRAr,ANAr1EW ~~, ~ 1 r ., E~ ~ 14 ~ OR'NEDfIN ESCROW $ <` ~':, ~tn 4+7"i s~~ r , e [ ~ ~ ,. ~ IN NEGOTIATIDN { ~ 1 t k~! %~[.i ~~~ e s v" ~~ '. ®DPPDRTUNrrY SfrES 1 ~" ~~~7~` {'wa~w ~` t n ~"+~~-~,t_ ~ ' ~ ~ ~ +~.:-~ r '• (VACANT SRE91,8,36] ;t ~ ~iO ~ ~~ * ~' ~ s'-~t ~, :.~~ r CER4i1T[SS't _ _ `t Page 5' Staff Report to the "Planning Commission Novembe[ 17, 2003 Item No. 7 (19) The Area 1 pafcels are identified ih the Housing Element .- ' a density range of 6 to 18 units per acre:: The site is 1.28 acres and, asianalyzed,rn the Housing Element, would accommodate 8 to 23 units. The proposed land use designation (Low Density. Residential) and rezoning (RS-5000);will accommodate up to 11 units. a reduction of 12units from the maximum number of potential units identified' in the Hdus~itt Element. The City-owned' properties irtArea 2 and Area 3 atthe terminus of Che~= '-eet and adjacent to Walnut Street north of Broadway (see Attachment Nos. 2 orc ` - aentified in the Housing Element with an average density range of 10 0 13 ur ° .; acre, The site is 0.65 acres and; as analyzed in the Housing Element, would actor.: date 6 to 8 units. The proposed land use designation (Low Density.: Residential) and rezoning (RS-7200 and: RS-5000) will accdmmodate up to 5 units, a reduction of 3 units from the maximum number' of potential units identified in the Housing Element. The total maximum reduction is 15'units. The remaining sites identified in the Housing Element provide residential unit capacity in excess of;he proposed 15 unit maximum.reduction and are adequate to accommodate the City's share of the regional housing need: Therefore. the Planning Commission may determine that the oroposed reclassifications'are consistent withlhe City's Housino Element`findino the ~emaihindfiousing'opoortunitv'sites identified'in the Housing Element are adequate to accdmmodate the Citv's share'df the reoional housing need. (20) The City's regional housing need share during the planning period 1998 to 2005, is 11,508 units. Overall, the Housing Element identified 154 housing opportunity sites hroughouttthe City with density ranges o accommodate 16,048 to 20;841 housing units. in a conservative analysis, a reduction in residential density which results in a Toss of fewer than 4,500 units will not impact the City's ability to accommodate its share of the regional housing need and would remain consistent with the Housing Element of the General Plan. The;City, however, may reduce the'density orn hese sites beyond 4,500 units; provided it remains in conformance with the approved Housing Element, which may be accomplished by identifying sufficient additional, adequate, and available sites with an equal. or greater residential density so that there is no net loss of residential unit capacity. (21) In order to ensure that zoning actions which grant a reduction of density on residentially zoned properties are consistent with the City'siGeneral Pia. including the Housing Element as approved by HCD, it is recommended that the (Manning Commission utilize the methodology set forth in Government Code Section 65863. Although it is believed that said section is not applicable to Anaheim as a charter city, it is recommended that the proposed action be considered and evaluated to determine that if the reduction of density results in a density level below that used by HCD when determining whether the HousingOpportunity Sites identified';in the City's Housing Element complied with state law, that the following findings, without waiver of the City's charter city authority, be model (a) ,That the proposed reduction in density is consistent with the General Plan, including the Housing Element; and (b) ;That the remaining'sites identified in the' Housing Element are adequate to accommodate the City's share of the regional housing need'pursuant td Govemment Code Section 65584. .Page 6 'Staff Report to the Planning Commission November' 17, 2003 Item No. 7' ' ENVIRONMENTAL'!1MPACT ANALYSIS:: (22) Staff has reviewed the.. proposal and the Initial Study (a copy of which is available for review in the Planning Department) and finds no gnificant environmental impacYand, therefore, recommends that a Negative Declaration tie approved upon a finding by the Planning. Commission that the Negative Declaration'reflects the indepentlent judgment of the lead agency; and that it has considered the proposed Negative Declaration together with any 'comments'roceived during the public review process'and further finding on the basis'of the Initial Studyand any comments teceived that there is'ho substantial evidence that the 'project will have a significant effect on the environment. GROWTH MANAGEMENT ELEMENT ANALYSIS:! (23) The proposed project has been reviewed by affected City departments to determine 'whether it obnforms with the City's Growth Management Element adopted by the City Council oh(Narch 17,:1992. Based on Citystaff 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 beehperformed. RECOMMENDATION: (24) 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 heating, the Commission'take the following actions: (a) By motion, aoorove a CEQA Negative Declaration (b) By resolution, approve Reclassification No. 2003-00112 to reclassify properties within the "5 Points Neighborhootl", Area1'Area 2 and Area 3 as fotlows, and finding that the proposed reclassification is consistent with'the Housing Element and that there would be no net loss of Housing Opportunity Sites resulting from the proposed reclassifications as analyzed In paragraphs (17 through 21) above. (i) Area 1 as identified'on the attached Vicinity Map and also on Attachmerit Nos. (2 and 3 from the CG to the RS=5000 zdne or aless intensesingle-family zone, conditioned upon he pending adoption bf the Recommended Land Use Alternative for the General Plah Update with a land use designation of Low Density Residential:forthe properties in Area 1. (ii) ,Area 2 as identified'on the attached Vicinity Map acid also on Attachment Nos. 2 and 3 ftom the RM-2400 zone to the: RS-5000 zone or a less intense single- familyzone, unconditionally:` (iii) ;Area 3 as identified on the attached Vicinity Map and also ohAttachment Nos. 2 and 3 from the CG, PD-G; RM-1200`and RM-2400 zones to the RS-7200 r` zone or a less intense single-family zone, unconditionally. (c) By motion, request that the City Attorney's Office prepare a draft Ordinance for Gity Council review and approval which containsprovisions for "grandfathering"of legally-established multiple-familydwellingssuch as second dwelling units, granny units, duplexes, triplexes, and apartments complexes that become non-conforming by the reclassification'of these properties (see paragraph 16 above). Page T Staff Report: to the Planning Commission November'17, 2003 Item No. 7 THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTINGAS AN INTERDEPARTMENTAL COMMITTEE'AND ARE RECOMMENDED FOR ADOPTION BY THE' PLANNING'COMMISSION IN THE EVENTTHAT THIS RECLASSIFICATION IS APPROVED. 1. That approval of Reclassification No. 2003-00112 for the properties identified as Atea 1 in the Staff Report to the Planning Commission dated November 17, 2003 and on the Vicinity Map and Attachment Nos. 2 andr3 of said staff report,: is contingent upon adoption by;the City Council of the Recommended Land Use Alternative of the General Plan Update'designating the sutiject properties within Area 1cfor Low Density Residential Land Use, otherwise this approval for Reclassificationof the subject properties within Area 1 shall be Wulf and void. 2. That approval of Reclassification No. 2003-00112 for the properties identified as Area 2 and Area 3 in the Staff Report to the Planning Commission dated November 17 2003, and on the Vicinity Map and Attachment Nos. 2 and'3 of said staff report, is grantedunconditionally. 9. Tftat prior to placement of an ordinance rezoning the subject properties located in Area 1 [only] as described irtthe Staff'Report to the PlanningCommission dated. November 17, 2003`and on the Vicinity Map and Attachment Nos. 2 and 3 of said staffreport, Condition No: 1,above-mentioned;. shall be completed. The City Couhcil 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 sfiall become null and void by action of the Planning Commission unless said conditions are completedlwithin one (1) year from the date of this resolution, or such'further time as the Planning Commission'may grant: 4. That approval of this application constitutes approval of the proposed request only fo the extent that it complies with the Anaheim Municipal Zoning Code and any otheCapplicable 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 8 ATTACHMENT - ITEM N0. 7 Dear Plannine Department, September 10,200; The ?,naheiri Colon}' Neighborhood council requests that the Planning Department immediately consider down zoning the 5 Points 1~leighborhood from multi-family to single fanvly zor~ng.. The boundaries of the > Points neighborhood «=ould be the 5 freed=a~=, Broadway, Lincoln and Va'~st Streets. Flease see map below. Zfyou have ary questions rcgardina this mailer or need anv assistance please contact ~/ieghan Shigo 714-273-1351. a'hank ya! ~ f/or your cooperation; I\~~itchelt Caldwell Chair tnaheim Col:~ny?'~leighborhood Council rc Kam.: £' 4 ~~~-5 f~f^y S 4~ z.. /, _f ,~.....~~ 11111 ~~l~' ~~ u t _tdt ~. ~ _ ~~~ Y kt i~M~ 4 b ~}` { i ~ ~~~ x gx fir. ~ e~ ~. . b {'~ 1.: f ~,_ ~*~ `.,n.,'4-.fit +.~ t `` { Y IL r ... ~.~.. r'~, ~.. S ~ +r Z 'i ri t r = = ' ~ -~4 ~ 1 5v F ~ {~ ~ ~~ Y x.£` G xH "~ h`rt ~~ ~ Mm 1 ! X j 1 ~~ ~ ~ ,ra k". ft '~ ~ t e~ ~rvk `o ~ Y .s y h 4~i ~ Y €~ ~ i t tt ~ 1.'r°fi -. y : , "' { i' 1 1 ". "~. ti. .. c, : ~t~,Tiri~i Attachment No. 2 Item No. 6 X ~ ~ ~ w (~ 2 2 A ~ O ,~ u, ~ 304) W po ri~ ~n N N Q ~ N O O ~ a 2 a a~ o° ~ n m 0 d 0~ w m'^. L^.z 3 9 3 m ~ ~ ~o m ro d w'On d 3 .. m w' 'o=~~ ~~ ~.m m o w 3 i~T3 0 3 3 o t.~ n, ~ m 2 ~. 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WgLNUT STREET a y m m ~ ~ 5411 ~ ~ p N ~ ! ~ ' N ~ Op o ~1 m ~ r~gll i ~ N N o p ~ 0 ~ 5£ll ~ N ~ 1 gZll a 9 ~ ££ll 9Zll ££ll l LZII ZZII ~ O ; ~l£1111 l£ll l m £Zll gill y qZl ~ ~ y C LZN OZII a Blll gill ~ ~ £Zµ gill ~ pm ylll ~ Olll B ll ~ 0l 4lll ~ ~+ ,~,w t,Oll ~ o ~ 5lll ~ w a~ 0041 ~ ~ ~ l ll l N m °~. u ..°° ~ ° 0 a ~Oll ~ °° ° . ° ' 1g~M S ° ~ i .°°° ° y33dL -o a + in ° m ° .° ° 3p ~/ m- Sa , 3/tl3H~ ° ~ W ®.1 N ~ N/ n ~ Nt.:: ~ , N glZl ~ 51Z~. 0 i , o ~ %pZl ~ ~ N N ~ ~ X L > , ~ ~ ~ o ~ Z O O Z G m Z C m CT7 ~_ ~ ~ 0 ~ ~ 0 TzT N lV ~• Q ~. ~ ~ ~ ~ Q ~2 ITEt4 N0, 8 VARi ZZg6 -A VS~R 132 ~~P N ~~pm /iO0 moo N _ ~~ ,~~ ~ o 0 a Y BRA P~,~ General Plan Amendment No. 2003-00413 Subject Property -: Reclassification No. 2003-00111 Date: November 17, 2003 Scale: 1" = 200' Requested By: ANAHEIM REDEVELOPMENT AGENCY Q.S. No. 93 GENERAL PLAN AMENDMENT NO. 2003-00413 - ACITY-INITIATED (COMMUNITY DEVELOPMENT DEPARTMENT) REQUEST TO AMEND THE LAND USE ELEMENT MAP OF THE GENERAL PLAN REDESIGNATING THE PROPERTIES FROM THE GENERAL INDUSTRIAL LAND USE DESIGNATION TO THE MEDIUM DENSITY RESIDENTIAL LAND USE DESIGNATION. :RECLASSIFICATION NO. 2003-00111 - ACITY-INITIATED (COMMUNITY DEVELOPMENT DEPARTMENT) REQUEST TO RECLASSIFY THE PROPERTIES FROM THE ML (LIMITED INDUSTRIAL) ZONE TO THE RM-1200 (RESIDENTIAL., MULTIPLE-FAMILY) ZONE OR A LESS INTENSE ZONE. 802-808 East Broadway, 801 Eas[ Santa Ana Stree[ and 409 to 421 South Vine Street 1o3s(2oo3-11-OS) Staff Report o the Planning Commission November 17, 2003 Item No. 8 8a. CEQA NEGATIVE DECLARATION (Motion) Sb. GENERAL PLAN`AMENDMENT NO. 2003-00413 ! (Resolution) 8c. '- RECLASSIFICATION NO:=2003-00111 - (Resolution) `SITE LOCATION AND DESCRIPTION: (1) The site consists of multiple properties with. a combined area of approximately 2.3 acres and is located on the'west side`bf Vine Street between Broadway and Santa Ana Street, with frontages of 125 feet on the south side of Broadway, 125 feet on the north sideof .Santa Ana'Street (including that segment of right-of--way for Santa Ana Street contiguous with 801 East Santa Ana Street).; and 820 feet on thewest side'of Vine Street (802 - 808 East Broadway*, 801 East Santa Ana Street, and 409 - 421 South Vine Street). * Advertised as 800 East Broadway REQUEST: (2) This is aCity-initiated (Commuhity Development Department) request for Planning Commission approval of the following: General Plan Amendment No. 2003-00413'.- to amend the Land' Use Element Map of the 'Anaheim General Plan redesignating the properties from the General Industrial land use designation to the Medium Density Residential land use designation. Reclassification No. 2003-00111, - a reclassification from the ML (Limited Industrial) zone to ;the RM-1200 (Residehtiai, Multiple-Family); zone, or less intense zone. BACKGROUND: (3) These properties are currently zoned ML (Limited Industrial) and the Anafteim General Plan Land Use' Element Map currently designates these properties for Generaf Industrial land uses. These properties are located within the Commercial Industrial (South Central}:. 'Redevelopment Project Area and are currently developed with various commercial {along Broadway and industrial uses such as a contractor's'storage yard. (4) The General Plan Land Use Element Map'designatiohs for surrounding properties are as follows: iDirectiort '.General Plan Designation :North across Broadway Open Space'and Medium Density: ;Residential East across Vine Street Low-Medium Density Residential South across Santa Ana Street General Industrial West beyond railroad right-of- .way General Industrial sr2140ds Page 1 Staff Report td the Planning Commission November 17 2003 Item' No. 8 (5) OniOctober 22, 2001, the Planning Commission approved the initiation of General Plan Amendmentproceedings to redesignate a 120-acre area within the existing'hdustrialsrea south of powhtown Anaheim fromthe General Industrial land use designation to the Low- Medium Density Residential and Medium Density Residential land use designations. The proposed general plan emendmeht would implement a portion of the larger'area initiated by tfie Commission in'2001. (6) On September 22, 2003, the Planning Commission initiated reclassification proceedings for the:2.3 acres along Vine Street, at he request of the Community;bevelopment Department. GENERAL PLAN LAND USE ALTERNATIVES: (7) The Anaheim General Plan provides an official guide for future developmentwithin the City and is intended to promote an arrangement of land uses, highways and public services which provide orderly development and adequate provision for public improvements. Since the'initial adoption of the General Plan in November of 1969, the Planning Commission' and City Council have viewed the General Plan as being flexible within. specified ranges. This is reflected in'the introduction to the General Plan text which provides as follows: 'The AnaheimGeneral Plan is not a precise plan and does not show, nor intend. to show, the exact land use pattern which will in fact occur 'hstead, it indicates the generallocation of land uses and the interrelationships of various land use patterns as shown on the General Plan2and Use Map. The 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 cah'be made." (8) The following is a comparison of the existing General Industrial land use designation and the proposed Medium Density Residential land use designation, including associated traffic information. The average daily trips have also been generated based on the'Anaheim' Traffic Analysis Model (ATAM) for associated land use ypes. ADOPTED GENERAL PLAN (EXISTING) Land Use Approximate ' TypicaF Designation `Acres '- Implementation Estimated Average Daily Trips (ADT) Zone General Industrial 2 3 ML r 230 (9) The General Industrial land use designation is intended o provide for and encourage the orderly development of'a wide variety of industrial uses;: including(distribution centers, ;' warehouses; light manufacturing operations, and small businesses. This designation'is typically implemented bythe ML (Limited Industrial) Zone. `Page 2 Staff Report o the Planning Commission November 17, 2003 Item No. 8 EXHIBIT A (PROPOSED) Density Estimated: Land Use iApproximate Typical' Impiementatian Range (DU's per Potential Dwelling Units Average Daily Designation Acres Zone ' gross ;(Avg, to Max.) Trips (ADT) , Avg, to Max. acre) Medium Density 2.3 RM-1200 b-36 59 - 83 381 - 536 Residential (10) The proposed Medium Density ResidentiaFland use designation is intended to provide for and encourage the development of apartments not exceeding the maximum density'range as prescribed by the General Plan and zoning. This designation is typically implemented by the RM-1200 Zone and would permit a theoretical maximum of up to 83 units at a tlensity of 36 dwelling': units per gross acre DISCUSSION: (11) This General Plan Amendment request is to redesignate the subject properties from the General Intlustrial land use designation to he Medium Density Residential land use designation. This proposed designation would be consistent with the Preferred Land Use Altemativeof the General Plan Update currently being prepared for Planning Commission and City Council consideration. Page 3 Staff Report to the Plarning Commission November 17 2003 Item No. 8 closely with the developer on specific site design issues and architectural plans which would bepresented to the Commission ata later date. (14) Commission should note that the proposed RM-1200 zoning would permit the construction of residential units in close proximity to existing railroad tracks. Prior to the issuance of building permits for these units, the developer would need to submit a sountl study and obtain Commission approval of a waiver of City Council Policy No, 542 pertaining to Sound Attenuation in Residential Projects, which requires a minimum separation of 100 feetfrom a :habitable residential structure to a'railroad track. (15) Commission should also note thafthis redesignation and reclassification request includes a portion of the`Santa Ana StreetYight-of-way at the south end of the project. The Circulation Element of the pending General Plan update' indicates a closure of this portion of Santa Aha Street. The intent of this closure would be to accommodate the eventual replacer nt of the existing deteriorated industrial uses along Santa'Ana Street with new:}esidentiai uses. The traffic and circulation impacts of this proposed closure'will be analyzed in the EIR currentlypeing prepared for the General Plan Update. Therefore, the general plan amendment currently before the Commission would include the adjacent Santa Ana Street pending removal of the street from the Circulation Element of the General Plan. ENVIRONMENTAL IMPACTANALYSIS~ (16) Staff has reviewed the r ~ °~osal and the Initial Study (a copy of which is available for review in the Planning Departr° i;r,t) and flnds no significant environmental impact and, therefore, recommends that a Nees,'we Declaration be approved upon a finding by the Commission that the declaration refs ;` :the independent judgment of the lead agency; and that it has considered the propose ? iVegativeDeclaration togetherwith any comments eceived during the public review process and further finding on the basis of the Initial Study'and any comments received that here is no substantial evidence that the project willihave a significanfeffect on tfie environment. GROWTH. MANAGEMENT ELEMENT ANALYSIS (17) The proposedproject has been reviewed by affected City departments to determine whether it conforms withthe City's Growth Management Elemenfadopted by the City Council on March 17, 1992. Based on City staff review: of the proposed project, it has'been determined that the Recommended Land Use Alternative contained in the pending General Plar Update, anticipates.change in'the land use designation to Medium Density Residential and that the associated analysis contained in the EIR for the Update would address any necessary changes to area infrastructure. HOUSING ELEMENT ANALYSIS: (18) The' Housing Element of the City's General Plan identifies the properties as "Housing Opportunity Sites" with a density range of 19 to 36 units'per acre. The City regional housing need share during the planning period, from 1998 to 2005; is 11,508. units. Overall, the Housing Element identified 154 housing opportunity sites throughout the City withappropriate densityanges to accommodate 16,048 to 20,841 housing units. The`: State Department of Housing and Community Development (HCD) has found the City's: Housing Element to be in compliance with State Law. The finding of compliance was conditioned upon successful completion of the City's commitme~fto rezone'jdentified housing opportunity sites to a medium density residential zoning classification (RM-1200). If sites are not designated in time to allow development to occur within the planning period (1998 to 2005), the Housing Element would no longer demonstrate sufficient and adequate sites and mustbe promptly amended to identify and designate alternative sites. This '' .Page 6 Staff Report to the Planning Commission November 17; 2003 Item No. 8 General Plan Amendment and Reclassification request would promote the goals of the Housing Element byTedesignatng an identified Housing Opportunity Site to RM-1200; and 'create the potential bf up to B3 "affordable"multi-family dwelling units on the properties. RECOMMENDATION: (19) Staff recommends that, unless additional or contrary informatlort 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, the Commission take the following actions: (a) By motion, approve a CEQA Negative Declaration. (b) By resolution, recommend to City Council approval of General Plan' Amendment No. 2003=00413 (to'amend ttie Land Use Element Map of the Anaheim General Plan redesignating the properties from the Genera1lndustrial land use designation to the Medium Density Residential land use designation). The'portion of the amendment within the Santa Ana Sheet right-of-way would be subjectto the pending amendment to City's Circulation Element of the General Plan. (c) By resolution, a~ rp ove Reclassification No. 2003-00111 (to rezone the subject'. properties from the ML (Limited Industrial) zoneto the RM-1200 (Residential, Multiple-Family) zone, or less intense zone. THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENT& ACTING AS AN;INTERDEPARTMENTAL COMMITTEE AND ARE RECOMMENDED FOR ADOPTION BY THE PLANNING COMMISSION' IN THE EVENT THIS PERMIT IS APPROVED: 1. That this reclassification is granted subject to the Gity Council adoption of General Plan Amendment No.2003-00413 (amending he City's: General Plan Land Use Element Map from the General Industrial land use designation to the Medium Density Residential land use designation). ' 2. `That approval of this application constitutes approval of the proposed request only o the extent tfiat it complies with the Anaheim Municipal Zoning Code and any: other applicable City, State and Federal regulations. Approval doesnot inclutle any action or findings as to compliance or approval of the requesfregarding any other applicable ordinance,:: regulation or requirement. Page 7` ATTACHMENT - ITEM N0. 8 MEMORANDUM CITY OF ANAHEIM -- -- Community Development Department DATE: October 9, 2003 TO: Planning Commission FROM: lisa Stipkovich, Executive Director munity Development Department SUBJECT: EQUEST FOR GENERAL PLAN AMENDMENT AND ZONE RECLASSIFICATION Request This is to request a General Plan Amendment from "General Industrial" to "Medium Density Residential" land use classification and Zone Reclassification from the "ML" (Limited Industrial) zone to the "RM-1200" (Residential, Multiple-Family) zone for properties on the west side of Vine Street between Broadway and Santa Ana Street (Site). A portion of Santa Ana Street between the rail line and Vine Street is also included as part of this request; this area will be vacated to provide additional open space for the project. Please see the attached boundary map for reference. The purpose of the requested General Plan Amendment and Zone Reclassification is to allow for the development of multifamily residential housing at a density of up to 36 dwelling units to the acre. Background At the request of the Community Development and Planning Departments, the Planning Commission initiated a General Plan Amendment (GPA) in October 2001 to redesignate approximately 120 acres in Central Anaheim from "General Industrial" land use classification to "Low-Medium Density Residential" and "Medium Density Residential" land use classifications. The area was generally bounded by Broadway, East Street, South Street and Olive Street and included the Site. The City Council subsequently approved the GPA on November 13, 2001. The GPA established a land use designation for future development consistent with existing and proposed developments in the area. 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 "Medium Density Residential" General Plan land use classification and "RM-1200" (Multiple-Family Residential) zoning classification for this area will complement and support the Downtown urban environment. Site Information The Site is currently developed with a mix of commercial uses fronting on Broadway and industrial uses fronting on Vine and Santa Ana Streets. Across Broadway to the north is a F100CS W OMINV+IEMOS W NM3A01 8.000 Planning Commission October 9, 2003 Page - 2 residential townhome development. Across Vine Street to the east are commercial uses fronting on Broadway and a mix of single-family/multiple-family residential uses fronting on Vine Street and Santa Ana Street. Across Santa Ana Street to the south and west are the rail Tine and industrial uses. The requested General Plan Amendment and Zone Reclassification will facilitate the replacement of incompatible blighted industrial properties with new residential development in an area dominated by adjacent residential uses. On September 22, 2003, the Planning Commission initiated a Zone Reclassification for the subject properties which was the final step required prior to setting a public hearing for this request. Proposed Project On August 19, 2003, the Anaheim Housing Authority approved an Exclusive Negotiation Agreement with Mercy Housing California (Developer) to build a 100 percent affordable multifamily residential housing project (Project) on the Site. The proposed Project will provide affordable housing with restricted rents to lower income families and will contribute towards the City's regional housing need allocation mandated by the State of California. The Developer is currently in the process of working with an architect to prepare concept drawings for the proposed project. However, the concept drawings have not yet been completed. The Developer will submit an application for an affordable multifamily housing project with incentives. The proposed Project will be submitted to the Planning Commission for review and approval at a future meeting. Requested Action It is requested that the Planning Commission recommend to the City Council approval of the requested General Plan Amendment from "General Industrial" to "Medium Density ResidentiaP' land use classification and Zone Reclassification from the "ML" (Limited Industrial) zone to the "RM-1200" (Residential, Multiple-Family) zone. F:\DOCHNDMIN\MEMOS W NM3AOIH.DOC 1 1 G I'1 IV V RM-1200 RCL 69-70-01 VAR 2652 VAR 2100 CpNDOMINIUMS RCL 74-75-32 VAR 2700 77 DU VPR ~~~ sy~R F~ L~ ~GF S,9 ~'T,9 ~A . 9 ~~ ~~~ '9y F uJ w D- Conditional Use Permit No. 2003-04789 Requested By: PAUL CHIAVATTI Subject Property Date: November 17, 2003 Scale: 1" = 200' Q.S. No. 62 REQUEST TO PERMIT A RESIDENTIAL CARE FACILITY FOR UP TO 24 RESIDENTS. 1300 West Pearl Street 4031 RM-2400 RGL 68.69-87 VAR 2079 1 DU EACH J RM-2400 ~ RM-24( 1DU } 1DU O RS-f0, VAR1 10 RS-10,000 ~ VAR 1786 m 1 DU 7 ~~ RM-1200 j' TTM 10669 RCL 63-64-30 CUP 2 003-04 7 89 ~ CUP 470 ~ VAR 3092 1 DU APARTMENTS -aa PEARL STREET IB 490'- RS-10,000 1 DU EACH 0 0 w° a w o w zF m ~ a RS-_10,000 1 DU c I m 0 4-2400 2DU zDu ~ o I RCL 69 90-42 O 1 DU EACH m 1 DU EACH 1 i 1 ~ I I ~ DU H~ 3 DU w a^ RM-2400 Q ¢'O -1200 Z -' '3.64-30 RM-1200 ~ 7 DU zp ~ P 470 I I I W > ~„ O fME81JT6 1 DU EACH v 9PDU 74 DU ¢ 1 DI m ge i I DU ~ RM-12 U DIAMOND ST <~^~~ ~Qa¢a RM-t2aa o ' ~ ~ RM-1200 V~»~ VAR 3636 APARTMENTS APTS. <~ ~ ~ 7 V C 10 DU BDU o ~m, D O O c ti ^ cUP 3oo6inaoxl RCL 65-fi6-0F - Q 6 RESTgpMNT 59-fi0-0A ~ SMALL SHOPS U SMgLL SHOPS SS CUP 720 vnc.l I I I I RLL 97Afi-0fi COP 3969 ~~NCOLN AVENUE Rs-10,000 ~ 1 DU EACH ~~~~ RS-10,I 000 'Q/L VAR 200D3` 7Bfi u Staff Report to the planning' Commission November 17, 2003 ' Item No. 9 9a. ' CEQA CATEGORICAL EXEMPTION. CLASS 1 (Motion) 9b. ' CONDITIONAL USE PERMIT'N0. 2003=04789 (Resolution) ; ( SITE LOCATION AND DESCRIPTION: (1) This 0.2-acre propertyhas a frontage of 65 feet on the south side of Pearl Street, a maximum depth of 145 feet and'Is further located 490 feet wesfbf the centerline of Carleton Avenue (1300 West Pearl Street- Expedition House). REQUEST: (2) The petitioner requests approval: of a conditional use'permit to convert a duplex into a residential care facility; including on-site counseling for' up to twenty-four (24) residents living on the premises`under authority of Code Section 18.04.160.030. BACKGROUND: (3) This property is currently developed with atwo-story duplex and is operatetl as a sober living home'i The property is zoned RM-1200 (Residential, Multiple-Family) and the General Plan Land Use Element Map designates this property, and all surroundingproperties, for Low-Medium Density Residential land uses. There are no prior zoning actions that are active pertaining to this property: PREVIOUS ZONING ACTIONS: (4) The following zoning actions pertain to this property: (a) ;Variance (Vo. 3082 and Tentative Tract Map No. 10669 (waiver of minimum lot width to constructia 10-lot, 40-unit, RM=1200 apartment subdivision and a 3-lot CL subdivision on 3.9 acres) Was approved by the Planning Commission in 1979. (b) Variance No, 470 (To erect buildings fprmarriage, family and'general counseling, meditation chapel and weddings on 4 acres) was approved'by the Planning Commission '' in 1955. ' - iPROPOSAL: (5) The applicant requests approval to permit a residential care facility with on-site counseling 'services. A'~esidentialior group care facility is defined as a building or portion thereof designed or used for the purpose of provitling 24-hour per dayresidential living accommodations in exchange for the payment of money or other consideration, where the 'duration of enancy is determined, in whole or in part,: by the individual resident's participation in group'or individual activities such as cdunseling recovery planning, or medical or therapeutic assistance. A residential care facility for even or more residents is a permitted use in all residential zones subject to the approval of'a conditional use permit. sr1133cw.doc Page 1 Staff Report to the Planning Commission November iT 2003'' Item No. 9' with a maximum of two counselors. The letter states that counseling services would be available only to tenants residing at the facility. In general, treatment is completed within thirty days however„tenants may reside at the home for a shorter period'of time, move to a separate sober living :environment or with family members. No Visitors are `permitted on the premises and the facility is staffed with anon-site manager to at all times. Residents would not be permitted to drive or leave the premises and would be subject to regular drug;: testing. Lastly, the Commissionshould note that this`facility would be licensed by the California Department of Alcohol and Drug Programs: ENVIRONMENTALIMPACT ANALYSIS: (10) 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. GROWTH MANAGEMENT ELEMENT ANALYSIS:: (11) The proposed project has been Yeviewed 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'Shatchis project does not fit within the scope necessary to require a Growth Management Element analysis; herefore,'no analysis has been. performed. r EVALUATION: (12) Residential or group care facilities with 7 or more residents are permitted in all residential zones subject to the approval of a conditional use permit. (13) A staff inspection of the site revealed that the property is being maintained in a satisfactory manner. The Commission should note thaEstaff has received a elephonei call from a cdncerned' homeowner on Pearl',Street. The homeowner indicated that although the condition of the property had improved recently, historically there has been problems with debris (e.g trash, beer bottles,'etc). (14) This property is currently operated as a sober living facility and is certified by a voluntary program administered: by the County. The;Anaheim MunicipatCode does not require a conditionalruse permit for a sober living facility and licensing is voluntary. A sober living facility is defined by the Orange County Sheriffs Department as!A facility offering an 'alcohol and drug free residence for unrelated adults who are recovering from alcohol or drug addictions, these facilities may also be known as transitional Ilving environments where no drug or alcohol treatment services are provided on site. The Department of Alcohol Drug Programs does not license such a facility to offer residential'freatment for 'drug or alcohol abuse'or addiction. The request to provide on-site counseling services alters the use of the property from a residential apartment use,(sober living facility) to a residential'group care facility. Residential"group care facilities (defined above in paragraph 5) with seven or more'residents are permitted in all residential zones subject to a `conditional use permit. Residential group care facilities also require a State license from the r Department of Alcohol and Drug. Programs, Page 3 Staff Reportto the Planning Commission : November 17, 2003 Item No. 9 (15) The applicantrequests to provide bn-site counseling for persons residing at the facility: Treatmentwduld be provided only(to residents during the time of residency; According to thelapplicant,?aII residents are screened and'ieferred by a California State or Orange County Agency. The Commission`may wish to note that the majprity of participants would be adult men with alcoftol problems and would be screened by the appropriate State and/or County agencies. Counseling would only be for participants residing at the'facitity; further, County residents would be subject to regular;drug testing and would not be permitted to drive. Therefore, staff recommends aoprdval of this request to convert an existing duplex in to a residential care facility for up to 24 residents. FINDINGSi (16) Before the Planning Commission grants any conditional use permit, it must make a finding of fact that the evidence presented shows'tfiat 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 usetis 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 forthe proposed use is'adequate to allow the full development of the proposed use in a manner not detrimental to theparticulararea 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 `cant' the traffic in the'.: area; and (e) That the granting. of the conditional use permit under the conditions imposed, if any, will ndt be detrimental to#fie peace, health, safety and general welfare of the citizens of the'City of Anaheim. RECOMMENDATION`. (17) Staff recommends that, unless additional or contrary information is received`during the'. meeting, and' based upon the evidence submitted to the Commission, including the euidence presented in this staff report, and dial and written evidence presented at the public hearing, the Commission take the following actions: (a) IBy motion, determine that the project is categorically exempt under Section 15301'; -Class 1 (Existing Facilities) of;the CEQA'Guidelines. (b) 'By resolution, apQrdve Conditional Use Pemtit No. 2003-04789 (to convert an existing "duplex into a residential care facility including on-site counseling for up' otwenty-four (24) residents living bn the premises) based on the following: (i) That a residential or group care facility with 7 or more residents is a conditionally permitted use' ih the RM-1200 Zone; Page 4 'Staff Report to the Planning Commission November 17, 2003: Item No: 9 (ii) That the proposed residential care facility would provide acost-effective, humane and non-institutional environment for persons recoverrg from drug and/or alcohol addiction and as conditioned herein, would not adversely affect adjoining land uses; (iii) That the size and shape of the property is adequate to allow the proposed residential care facility without being detrimental to surrounding land uses. r Residents wduld not tie permitted to drive or+have visitors and therefore, no'parking or traffic impacts would occur, (iv) That the traffic generated by the residential care facility would not pose an undue burden upo~'streets and highways designedao carry the traffic in the area;'and (v) That granting his conditional use permit to allow a residential care facility, under the conditions imposed; would not be detrimental to the. peace,health, safety and general welfare of the citizens of the City of Anaheim. , THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS AN INTERDEPARTMENTAL COMMITTEE`AND ARE RECOMMENDED FOR ADOPTION BY THE PLANNING COMMISSION IN THE EVENT THIS PERMITIS'APPROVED. 1. That all services,,including counseling, shall be for the residents at this address?(1300 West Pearl Street) only. 2. That the petitioner shall provide atwenty-four (24) hour per: day, on-site manager who wil(be responsible for responding to any neighborhood concerns regarding the facility.;.: That the hame and telephone number of the on-sitemanager sfiall be kept on file with the Cotle Enforcement Division. 3. That the trash storage areas shall be maintained in a manner satisfactory to the Public Works Department, Streets and Sanitation Division. 4. That the petitioner shall furnish to the Zoning Division a copy of the license, with any attached conditions, issued by the State of California Department ofAlcoholahd Drug Programs, authorizing the this use as residential 7ecovery facility. 5. That no signs shall be visible off-site identifying this use as a residential care facility. 6. That this facility shall be limited to 24 men recovering from alcohol/cfiemical dependency, screened for successful integration into a residential setting and as'stipulated by the petitioner, no visitors shall be permitted nor shall residents be permittetl to drive o[ maintain'apersonalVehicle on the premises. `The facility shall be non-medical and shall be permitted to provide both'group and individual counseling from 8 a.m; to 5 p.m:; Monday through Friday with a`maximum of two (2) counselors. 7. That prior to the operation of this business, a valid business license shall be obtained from the City: of Anaheim; Business'License Division of the Finance Department. 8. That rib signage advertising the residential care facility shall be permitted. Page 5 Staff Report. to the Planning Commission 'November'17, 2003 Item No. 9 9. That no required parking areas shall be used for storage. 10.'That the property sfiall be permanently maintained in an ordetly fashion by providing regular landscaped maintenance, removal of trash and detiris, and removal of graffiti within atwenty-four hour period. 11.`That the owner of subject property shall submit a letter requesting termination of Variance No. %470 (Ta erect buildings for marriage, family and general counseling, meditation chapel and weddings'on 4 acres) to the Zbningbivision. 12 That subject property shall be maintained in accordance witH plans and, specifications submitted to the City of Anaheim by the petitioner and whichplans are bn file in the Planningpepartmeht marked Exhibit Nosi 1, 2 and 3 of Condit(onal Use Permit Noc 2003-04789. 13.,That prior'to commencement of the activity authorized by thisresolution or within bne (1) year !'from the ate of this resolution; Condition Nos. 2, 4 7, 11, and 12 above-mentldrted shall bei complied with. 14.1That approval of this application constitutes approval of the proposed request onlyto the extent 'that it complies with the Anaheim Municipal Zoning;Code and any otherapplicableGty, State and Federal regulations ApprovaPdoes not'ihclude any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement.': Page 6