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PC 2004/06/14CITY OF ANAHEIM PLANNING COMMISSION AGENDA MONDAY, JUNE 14, 2004 Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California CHAIRPERSON: JAMES VANDERBILT-LINARES COMMISSIONERS: GAILEASTMAN, PAUL BOSTWICK, DAVID ROMERO, JERRY O'CONNELL, CECILIA FLORES, KELLY BUFFA CALL TO ORDER PLANNING COMMISSION MORNING SESSION 10:00 A.M. • STAFF UPDATE TO COMMISSION ON VARIOUS CITY DEVELOPMENTS AND ISSUES (AS REQUESTED BY PLANNING COMMISSION) - • PRELIMINARY PLAN REVIEW'FOR ITEMS ON THEJUNE 14, 2004 AGENDA RECESS TO AFTERNOON PUBLIC HEARING SESSION RECONVENE TO PUBLIC HEARING 1:30 P.M. For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card and submit it to the secretary. PLEDGE OF ALLEGIANCE PUBLIC COMMENTS CONSENT CALENDAR PUBLIC HEARING ITEMS ADJOURNMENT 06-14-04 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: Items 1-A through 1-D 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. L REPORTS AND RECOMM' NDATIONG A. (a) (b) (TRACKING NO. CUP2004-04853) Tait and Associates, 9089 Claremont Mesa Boulevard #300, San Diego, CA 92123, requests a retroactive extension of time (approved March 18, 2003, expired March 18, 2004) to comply with conditions of approval for apreviously-approved service station with accessory car wash and convenience market with the sales of beer and wine for off- premises consumption. Property is located at 1201 South Brookhurst Street (Arco AM/PM Service Station). B. (a) (b) (TRACKING NO. CUP2004.04869) Neru Patel, 6220 Gossen Street, Simi Valley, CA 92887, requests Planning Commission Review and approval of final elevations and landscape plans fora 4-unit commercial retail center and iwo-story medical office building. Properties are located at 8245 and 8295 East Monte Vista Road. C. (a) (b) Jae Richter, John Laing Homes, 895 Dove Street, Suite 110, Newport Beach, CA 92660, requests review and approval of final building elevation plans, colors and materials. Properties are located at 5D1- 541 South Anaheim Boulevard and 100-142 West Santa Ana Street (The Boulevard). D. Receiving and approving the Minutes from the Planning Commission Meeting of June 2, 2004. (Motion) Project Planner: Scott Koehm (skoehmCo~anaheim neU sr8737gk.doc O. S. 35 Project Planner: Elaine Yambao (eyambao(o~anaheim net) sr3073ey.doc O. 5. 219 Project Planner: Charity Wagner (cwaonerto'~anaheim net) sr1162cw.doc O. S. 84 06-14-04 Page 2 PUBLIC HEARING ITEMS: 2a. CEQA NEGATIVE DECLARATION (READVERTISED) 2b. VARIANCE NO. 2004-04607 2c. TENTATIVE TRACT MAP NO. 16683 OWNER: Elisa Stipkovich, Anaheim Redevelopment Agency, 201 South Anaheim Boulevard, Anaheim, CA 92805 AGENT: Cheryl Stump, Brookfield Homes, 3090 Bristol Street, Suite 200, Costa Mesa, CA 92626 LOCATION: 3119 - 3165 West Lincoln Avenue. Property is approximately 2.5 acres, having a frontage of 753 feet on the north side of Lincoln Avenue, located 285 feet east of the centerline of Western Avenue (Presidential Tract). Variance No. 2004-04607 -Request waivers of (a) minimum front yard setback adjacent to an arterial highway, (b) required improvement of public right-of-way, (c) minimum number, type, and design of off-street parking spaces, (d) maximum structural height within 150 feet of a sngle- family residential zone, and (e) minimum distance between buildings, to construct an "affordable", 1-lot, 28-unit attached condominium complex with a density bonus.' 'Waiver (d) has been deleted. Tentative Tract Map No. 16683 -Request to establish an "affordable" 1- lot, 28-unit airspace attached residential condominium subdivision with a density bonus.' 'The density bonus request has been deleted. Continued from the May 17 and June 2, 2004, Planning Commission Meetings. VARIANCE RESOLUTION NO. Project Planner: David See (dsee(o)anaheim net) sr2156ds:doc Q.S. B 06-14-04 Page 3 3a. CEQA MITIGATED NEGATIVE DECLARATION 3b. WAIVER OF CODE REQUIREMENT 3c. CONDITIONAL USE PERMIT NO. 2004-04848 OWNER: T. White, LLC & Dartbrook, 18800 Von Karmen, Suite 100, Irvine, CA 92612 LOCATION: 1585 South Manchester Avenue. Property is approximately 4.293-acres, having a frontage of approximately 187 feet on the west side of Manchester Avenue, a maximum depth of approximately 981 feet, located 716 feet north of the centerline of Disney Way. Request to permit office uses in an existing legal nonconforming industrial building to include 55,176 square feet of office uses for the Department of Immigration and Naturalization Services in addition to retaining 12,664 square feet of warehouse/manufacturing area with waiver of minimum number of parking spaces. Continued from the June 2, 2004, Planning Commission Meeting. CONDITIONAL USE PERMIT RESOLUTION NO. 4a. CEQA CATEGORICAL EXEMPTION -CLASS 1 4b. CONDITIONAL USE PERMIT NO. 2001-04399 (TRACKING NO. CUP2004-04850) OWNER: Walter Shook, 3743 North Greenbrier Road, Long Beach, CA 90808 AGENT: Mark Lally, 731 Monroe Way, Placentia, CA 92870 LOCATION: 2920 East La Jolla Street. Property is approximately 1.12 acres, having a frontage of 155 on the south side of La Jolla Street, located 194 feet west of the centerline of Red Gum Street. - Request to permit an automobile sales auction in conjunction with an existing auto body and towing facility. Continued from the June 2, 2004, Planning Commission Meeting. CONDITIONAL USE PEMRIT RESOLUTION NO. Project Planner: Della Herrick (dherrick(a~anaheim.net) sr8728dh(b).doc Q.S. 87 Project Planner; Scott Koehm (skoehm at7anaheim .net) sr8736gk.doc Q.S. 131 06-14-04 Page 4 Sa. CEQA NEGATIVE DECLARATION 5b. RECLASSIFICATION NO. 2004-00124 OWNER: Raymond Siegele, P.O. Box 3284, Anaheim, CA 92803 Voit Anaheim Business, 21530 Oxnard Street, Unit B, Woodland Hills, CA 91367-4942 Charles Atwood, 23772 Avenue 208, Lindsay, CA 93247 CP/HERS Anaheim LP, 600 Citadel Drive, Suite 100, Los Angeles, CA 90040 Kenneth Thompson, P.O. Box 5406, Orange, CA 92863 Tomas Rodriguez, P.O. Box 8521, Anaheim, CA 92812 LOCATfON: Portion A: 516 East Santa Ana Street and 501 - 547 South Atchison Street: Portion B: 500 - 558 South Atchison Street; Portion C: 610 South Olive Street and 711 East South Street: and Portion D: 525 East South Street Portion A: This 10.7-acre area is located at the southeast corner of Santa Ana Street and Olive Street with frontages of 970 feet on the south side of Santa Ana Street and 480 feet on the east side of Olive Street (516 East Santa Ana Street and 501 - 547 South Atchison Street - Kwikset site). Portion B: This 10.3-acre area has frontages of 150 feet on the south side of Santa Ana Street and 340 feet on the east side of Olive Street and a maximum depth of 1,120 feet (500 - 558 South Atchison Street). Portion C: This 10.3-acre area has frontages of 150 feet on the north side of South Street and 340 feet on the east side of Olive Street and a maximum depth of 1,120 feet (610 South Olive Street and 711 East South Street). Portion D: This 9.8-acre area is located at the northeast corner of South Street and Olive Street with frontages of 440 feet on the east side of Olive Street and 970 feet on the north side of South Street (525 East South Street). City-initiated (Community Development Department) request for approval of a reclassification of these properties as follows: Portion A -from ML (Limited Industrial) to RM-3 (Residential, Multiple- Family-2400) zone or less intense zone. Portion B -from ML (Limited Industrial) to RM-4 (Residential, Multiple- Family-1200) zone or ess intense zone. Portion C -from ML (Limited Industrial) to RM-4 (Residential, Multiple- Project Planner: Family-1200) zone or less intense zone. David See Portion D -from ML (Limited Industrial) to RM-3 (Residential Multiple- (dsee(o~anaheim.net , Family-2400) zone or less intense zone. sr2151 ds.dac RECLASSIFICATION RESOLUTION NO. Q.S. 84/94 06-14-04 Page 5 6a. CEQA CATEGORICAL EXEMPTION -CLASS 3 6b. CONDITIONAL USE PERMIT NO. 2003-04791 (TRACKING NO. CUP2004-04851) OWNER: Anaheim Crossroads, LLC, Attn: Leedy Ying, 12550 Whittier Boulevard, Whittier, CA 90602 LOCATION: 1126 South Anaheim Boulevard. Property is approximately 3.4-acres, located at the northeast corner of Anaheim Boulevard and Ball Road. Request to amend a condition of approval and amend exhibits to subdivide apreviously-approved tenant space into two tenant spaces (or a total of four) within apreviously-approved commercial retail center. CONDITIONAL USE RESOLUTION NO 7a. CEQA CATEGORICAL EXEMPTION -CLASS 1 7b. CONDITIONAL USE PERMIT NO. 2004-04854 OWNER: Paul Chiavatti, 1340 West Pearl Street, Unit A, Anaheim, CA 92801 LOCATION: 1610 South Brookhurst Street. Property is approximately 0.16 acre, having a frontage of 63 on the east side of Brookhurst Street, located 142 feet south of the centerline of Harle Avenue. Request to permit a residential group care facility with on-site counseling for up to 13 residents recovering from alcohol :and/or chemical dependency. CONDITIONAL USE PERMIT RESOLUTION NO. Project Planner: John Ramirez (ioramirezonanaheim net) sr5098jr.doc Q.S. 85 Project Planner: Charity Wagner (cwagner(gi7anaheim. nel) sr1151 cw.doc Q. S. 43 06-14-04 Page 6 8a. CEQA NEGATIVE DECLARATION 8b. RECLASSIFICATION NO. 2004-00123 8c. WAIVER OF CODE REQUIREMENT 8d. CONDITIONAL USE PERMIT NO. 2004-04856 8e. TENTATIVE TRACT MAP NO. 16691 OWNER: KC Chang, Prominence, Inc., 1265 North Manassero Street #303, Anaheim, CA 92807 LOCATION: 135 South Dale Avenue. Property is approximately 0.82 acre, having a frontage of 148 feet on the west side of Dale Avenue, located 410 feet south of the centerline of Lincoln Avenue. Reclassification No. 2004-00123 -Request reclassifcaton of the property from the RS-A-43,000 (Residential/Agricultural) zone to the RM- 2400 (Residential, Multiple-Family) zone or less intense zone. Conditional Use Permit No. 2004-04856 -Request to construct a 14-unit semi-attached residential condominium complex with waiver of minimum distance between buildings. Tentative Tract Map No. 16691 -Request to establish a 1-lot, 14-unit semi-.attached residential condominium subdivision. RECLASSIFICATION RESOLUTION NO. CONDITIONAL USE PERMIT RESOLUTION NO. Request for continuance to July 12, 2004 Project Planner. John Ramirez (i Dram irezCa~anahei m.net) sr5097jr.dac Q.5.13 ADJOURN TO MO(dDAY, JUNE 28, 2004 AT 11:00 A.M. FOR PRELIMINARY PLAN REVIEW. 06-14-04 Page 7 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted al II~3~a.-.w.. (TIME) I~, 2ooy (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ~~ ~~ 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 sef 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 Gity 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. 06-14-04 Page 8 SCHE®llLE 2004 JUNE 28 JULY 12 JULY 26 AUGUST 9 AUGUST 23 SEPTEMBER 8 (WED) SEPTEMBER 20 OCTOBER 4 OCTOBER 18 NOVEMBER1 NOVEMBER 15 NOVEMBER 29 DECEMBER 13 DECEMBER 27 06-14-04 Page 9 +1 ITEM N0. 1-B i ~RI KAISER ~~VP U GB 70A6 8~ RGI-7 g 64 C177-7 - R 2541 VPR 3586 pFFICE p~pG. CO Rp~770.76--06 RCL 78-79-46 RCL 77-78-64 (7) Rp~76-70, ~ pUP 2`'4 < CUP 3946 CUP 2541 Q OFFICE B~pc. N OFFICE BLDG. RGl7g 78 fi4 ni N 264 Apj 0047 O. OFFICE 6lD O 6 ~ L7879A O ~ - R p 200 A4214 A71 \ SOOP CAR ONTE VISTq ROgp CL RCL 89-90-46 RCL 76-79A6 RCL 77-78-64 CUP 2004-04838 CUP 3262 CUP 2541 VAR 4112 RS-5000 OPEN SPACE, SP88-1 OPEN SPACE RS-A-03,000 / ~\ i ~"-\ \ FIRE STATION ~\ ~ \ i i \ \ # 10 ~ON\ ~ ~\ \ i i ~ \\ \ i O\F ~ ~ ` ~ ~ ~ \~ ~\ ~Q i~ SP88-1 ~ ~\ \ \ ~~ \\ \ i ~tJK\ii~^\~t~\\ CONDOS ' \\ \\\ SP88-1 \\~\\ PEa\~~i \\~2\\ 2310U \\ ~ VACANT \ 9\\ ~~~~ i~ I O \ \ ~ i~CP \ SP 69391p ~ \ ~~ ~ i~ % , i~ i~ nFt ..-p \JPR i -~i ALL PROPERTIES ARE IN THE (SC) (SCENIC CORRIDOR OVERLAY) ZONE Conditional Use Permit No. 3262 Subject Property TRACKING NO. CUP2004-04869 Date: June 14, 2004 Scale: 1" = 200' Requested By: MARESH VYAS q.S. No. 219 REQUEST FOR PLANNING COMMISSION:REVIEW AND APPROVAL OF FINAL ELEVATION AND LANDSCAPE PLANS FORA 4-UNIT COMMERCIAL RETAIL CENTER AND TWO-STORY MEDICAL OFFICE BUILDING. 8245 .and 8295 East Monte Vista Road 13ss j ITEM N0. 1-C Variance No. 20D3-04558 `' Subject Property TRACKING NO. VAR2004-04610 Date: June 14, 2004 Scale: 1" = 200' Requested By: JOE RICHTER Q.S. No. 84 REQUEST FOR REVIEW AND APPROVAL OF FINAL ELEVATION PLANS, COLORS AND MATERIALS. 501-541 South Anaheim Boulevard and 100-142 West Santa Ana Street -Trucking Site 1355(20046-9) ITHM N0. 2 0 0 RS-7200 1 DU EACH TYLER AVENUE m RS-7200 ~ > 1 DU EACH i I RS-7200 1 DU EACH w Q Z tY W N !n W POLK AVENUE m RS-7200 n 1 DU EACR a U ® 285 753' LINCOLN AVENUE (F W Z W Q Z K C7 131 CL ~ Cue 1e13~ u~ W^ 0 ~ ~ V RCL 6G61-09 - I4 CUP 2010 VAR 21525 ~ O:°~ ~I °a° RCL 51-56-19 33 TIRE CL sT u ~ - CUP 2083 CENTER RCL 57-58-39 ~ T-CUP 2002-04586 ~ r-CUP 2002-04564 ~ RCL 8] e3-34 R672002 aU °n 2 DU CUP 2002-04547 CUP 2001-04440 Z Q m,~ qU VAR 3141 RCL 35.36-3Z ° ~ m ~ 1DU r-cuP2DCO-oazos a °p om~< VAR 3556 iT. CUP 4114 Q mmnw RS-A-43,000 1DU RCL 99 -90-36 1DU CUP 3989 ~ ~~~~ VACANT RS-7200 VAR 3784 ~ do ¢o!~ o VAR 1DU 26fi6 1DU VAR 1236 S N 1DU ~ ize3 ADJ B7-5 PCN 97-14 y ~ 1 DU Q Z Rc~e a ze vnR ~s Rs+zaao Rn 33a1.zz i5so 1ou ANAHEIM WEST ~ RS-5000 VAC 1 DU RS-7200 SHOPPING CENTER ' ' RCL 9 -00-13 ~ 1 DU EACH I VAC. RS-7200 RCL 2000-40 1DU Q = oQ °.,w °w West Anaheim Commercial Carlidors Redevelopment Proje ct ~ , c~ ~~ ~ ® ® RS-7200 1 DU EACH vzo mo ¢~ ¢~ RM-7900 _ - Variance No. 2004-04607 Tentative Tract Map No. 16683 Subject Property Date: May 17, 2004 Scale: 1" = 200' Requested By: ELISA STIPKOVICH, ANAHEIM REDEVELOPMENT AGENCY Q.S. No. 8 VARIANCE NO. 2004-04607: REQUEST TO CONSTRUCT AN "AFFORDABLE", 1-LOT, 28-UNIT ATTACHED CONDOMINIUM COMPLEX WITH A DENSITY BONUS WITH WAIVERS OF: (A) MINIMUM FRONT YARD SETBACK ADJACENT TO AN ARTERIAL HIGHWAY (B) MINIMUM NUMBER, TYPE, AND DESIGN OFOFF-STREET PARKING SPACES (C) MAXIMUM STRUCTURAL HEIGHT WITHIN 150 FEET OF ASINGLE-FAMILY RESIDENTIAL ZONE (D) MINIMUM DISTANCE BETWEEN BUILDINGS TENTATIVE TRACT MAP NO. 16683: REOUEST TO ESTABLISH AN "AFFORDABLE" 1-LOT, 28-UNIT AIRSPACE ATTACHED RESIDENTIAL CONDOMINIUM SUBDIVISION WITH A DENSITY BONUS. 3119-3165 West Lincoln Avenue 1323 ITEM'!N0. 2 i Staff Report to the Planning Commission June 14, 2004 Item Na. 2 2a CEQA NEGATIVE DECLARATION (Motion) : 2b: VARIANCENO~ 2004-04607. `jREADVERTISED) (Resolution) 2c: ` TENTATIVE TRACT MAP NO. 16683 (Motion) '' SITE LOCATION AND DESCRIPTIONc (i) This rectangularly-shaped, 2.5-acre property has a frontage of 753 feet on the north side of Lincoln Avenue, a maximum depth of 147 feet and is located 285 feet east of the centerline bf Western'Avenue (3119 - 3165 West Lihcoln Avenue -Presidential Tract). REQUEST: (2) The petitioner requests approval of the following: Variance No. 2004.04607 -waivers of the following to construct an "affordable' 1-lot; 28- ' unit attached condominium complex:* (a) SECTION NO. 16:04.045.0140 - Minimum front vatd setback adjacent to an arterial hiohwav;(35 feet required; 27;feet proposed) (b) SECTION NO. 18.04.080.020 - Required improvement of public right-bf- <(Electrical utility undergrcunding; required; none proposed) (c) SECTION NO. 18:06.050.0121 Minimum number, tvoe, and desion of'off- streeEoarkindsoaces (84!spaces required; 81 proposed) (d) SECTION NO. 18:31.062.012 - Maximum structural height within 150'of a single-family resitlential zone (DELETED) (e) SECTION NO. 18:31.063.024 - Minimum distance between buildings (23 feet required;'19 feet proposed) Tentative Tract MapNo.•16683'- to establish an "affdrdable", 1-lot, 28-unit airspace attached`condomihium subdivisfon.* * The density bonus request has been deleted subsequent to advertisement. ` BACKGROUND: (3) At the request of the petitioner, this item was continued from the May 17 and June 2 2004, Commission meetings' in order to advertise an additional waiver pertaining to improvement of public right=of-way and complete financial negotiations with. the Anaheim Redevelopment Agency. As requested by the Commission at their June 2 meeting, the petitioner has provided elevations of the project as viewed from the alley depicting the garages. sr2156ds Page 1 1 Staff Report to the Planning' Cbmmission 'June 14; 2004 Item No. 2 ' (4) :This site consists of 12 separate parcels and is developed with one remaining single :family home (11 homes have been recently demolished) and is zoned RM 3000 (Residential, Multiple Pamily).', The Anaheim General Plan Land Use Map designates this property fdr Low-Medium Density Residential land uses. This property is also located 'within the: West Anaheim Commercial Corridors Redevelopment Project'Area (5) Surrounding General Plan land`use designations are as follows: 'Direction General Plan Designation .North across an alle i Low Densiy Residential East ahd South (across `Lincoln Avenue General Commercial 'West >Low-Medium Densi Residential DEVELOPMENT PROPOSAL: (6) ,The petitioner proposes to combine 12 existing single family residential parcels into'one 'parcel and construct a 28-unitattached condominium complex: The tentative map;and "site plan`(Exhibit No 1) indicate that vehicular access to the development would be provided from a public alley in he rear Each residence would' include atwo-car garage. 'A total of 14 driveway spaces and 25 open guest parking spaces would tie provided 'adjacent to the dwelling units.'No entry gates are proposed. (7) Plans show ten separate condominium buildings, consisting of 2 and 3-unit buildings. Each building is designed with the main unit entrances facing either an interior courtyard pr Lincoln'Avenue. (8) Plans indicate the following project characteristics: .Code. Standards 'Code Requirements Proposed Project Density 36 units @ 14.5 DU's'per net 2B units @ ;11.2 DU s'per net acre maximum acre Lot Cbvera e t 40 accent mazimtim 28 ercent Structural height! 1-story permitted within:50 feet 2-story dwelling units proposed of a sidgle-family zone 50.60'feet from the 6bunda sin le-famil zone bounds Parking Spaces:; Minimum 84 parking spaces 81 parking spaces 56'enclosed 56 enclosed'i Setback adjacent to Lincoln: Minimum' 35 feet landscaped; 27 feet,; landscaped planter Avenue ' one tree per 20 linear feet with 48 trees '' 37 trees Interior setbacks adjacent to east Minimum 16 feet 16 to 28 feet and west property Ifnes (adjacent to an apartment complex and'single famll° home in the RM-3000 zone Recreational Leisure area !Minimum: 28,000 square feet 33,280 sijuare fee[ total - total - Y;000 squarefiiaet per 1,188 square feet per unit unit provided in common area balconies and' atios '' Id addition lpthe.56 garage spaces, 14 drivewayspaces and 25 uncovered guest spaces would also beprovided, for ari overall totalbf 95 spaces; However, sparking waiver is being requested because the driveway spaces cannot be counted lowardSCode requirements. :.Page 2 1 Staff Report to the Planning Commission June 14,2004 Item No. 2 (9) Floor plans (Exhibit Nos. 2 - 4) irtlicate thaEall units are two-story, 3 bedroom, 2.5 bathroom units with flbor areas ranging between 1;340 and 1,503 square feia. Code> requires a minimum ofr950 square feet for three bedroom units. <Plans indicate a 2-car garage, kitchen, living/dining room, entry, bedrooms,'closets, laundry area in the garage, 6athrooms,' rash barrel storage;'and hallways for all df the units. The flodr'plans also- show a patio and balcony for each of the units. Following is a summary of,the three `' dwelling unit types: Unit No. of Units Sq. Ft. No: of Bedrooms No: of Bathrooms A 8 1,340 3 2:5 61 8's "1,503 3 2:5 62 / B3 121 1,497 3 2:5 (10) Elevation plans (Exhitiit Nos. 5 -'10) indicate 26-foot high condominium buildings withi a .Spanish Colonial architectural style, Materials would'consist of stucco walls, contrasting white and earthtone colors, gable roofs with"brown 'S'tile, main entryway column elements, projecting balcony elements witKwood balusters, raised foam pediments, and wood shutters. Architectural relief is provided through' he use of,projecting columns,'; recessed antl cantilevered balconies and windows, and various projecting walls to break up the building mass.' The colored elevatiori plan indicates athree-color scheme consisting of white and beige smooth stucco walls with brown or~ust-colored trim and`: accents. (11) The conceptual landscape plans {Exhibit Nos. 11 and d 2) indicate alternating Mexican Fan Palms and Tipuana Tipu street trees every 30 feet within the right-of-way adjacent to Lincoln Avenue in accordance with the LindBln Avenue Corridor Master Plan. The plan also shows'19 Eucalyptus Torquata trees, 4'; Jacaranda trees, 16 London Plane trees; and 10 Australian Willow trees, for a total of 49 trees, within the front setback adjacent to Lincoln Avenue (minimum 38 trees requiretl). The plan also shows London Plane aril Australian Willow trees around tfie perimeter of the interior courtyards, 8 Peppermint gees along(the west property lirieadjacent to a single;family home, and 28'Australian- Willow trees adjacent`to the public alley in the rear. The plans iio not indicate shrubs and groundcove~: Therefore, staff recommends that finallandscape'plans be submitted to the 'Zoning Division for review. ENVIRONMENTAL IMPACTANALYSIS: ', (12) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review in the Planningbepartmerit) and finds no significant environmental impact and, therefore, recommends that a Negative Declaration be approved upon a finding by the Planning Commission that the Negative Declaration reflects the`independentjudgrnent of the lead agency; and tfiat it has cdnsidered he proposed Negative Declaration together with any comments received during the public reviewprocess and further finding on the Basis of the Initial Study and any comments received that there is no substantial evidence tfiat the project will have a significant effect on the environmenk Page 3 Staff Report to the Planning.Commission :June 14,:2004 Item Nc. 2 GROWTH MANAGEMENT ELEMENT ANALYSIS: (13) ::The proposed project has been reviewedrby affected City departments to determine ?whether itconforms':with the Gity's Growth Management Element adopted by ttie,City `.Council on March 17, 1992. Based on City staff review of the proposed project, it has :been determined that this project does not fit within ahe scope: necessary o require a Growth Management Element: analysis,itherefore, no analysis has beers pertormed`. EVALUATION: (14) ,The project site contains twelve of the sixteen parcels identified as a portion of Site No. '25 of the Central Anaheim Area within the Housing,Element with a density range'df up to 45 units per acre. The subject 2.5-acre site could accommodate from25 to 32 units. Thus, the; proposed 28 units would result in an increase in the City's housing stock and i 'would be consistent'with the Housing Element. (15) The petitioner requests a 28-unit condominium subdivision ak a density of 11.2 dwelling .units per net acre. This proposed density,would be Uonsisten€with the General Plan land 'use designation of Low-Medium Density Residentialwhich allows up to TB dwelling Units 'per gross acre, Moreover, the project would convert existing blighted residential 'properties into a high quality, attractive, for-sale affordable housing project which would 1be compatible with the adjacent single family homes to the north. (16) Waiver (a) pertains to minimum front yard setback adjacent to'an arteriathighway. Code currently~equires a structural setback of 35 feet adjacent to Lincoln Avenue and 27 feet is proposed for the townhouse buildings adjacent toiLincoln Avenue. Toijustify this ( :waiver, the petitioner. has submitted the attached Justification Form indicating that the average setback exceeds the required 35`feet. Theisite plan indicates the setback'would range between 27 feet and 85 feet, for an`average setback of 56 feet. Since the average .setback and recreational-leisure area exceeds Code requirements, staff recommends aoproval of this waiver. Moreover, the pending revised Zoning: Code (ordinance adopted by City Council on June 8, 2004) would reduce the required setback from 35 feet to 20 #eet. (17) ,Waiver (b)' pertains to required improvement of the public right-of-way. Code requires that electrical utilities be placed underground and dedicated tq he City of Anaheim in accordance with the;requirements of the Utilities General Manager prior to issuance of :'occupancy permits. The petitioner is proposing to underground the newelectrical I `f'acilities associated with this development but leave; in place the existing!overheadpower dines that serve the residents on the north'side of the alley. The petitioner has submitted the attached Justification Form indicating that the existing overhead electrical facilities `are provided from the public alley in the rear and that it would pot be feasible to underground these overhead lines in conjunction with this request, and further that the 'existing overhead facilities currently provide service'to the resjdents to the north and undergrounding for the proposed project would require substantial reconfiguration of overhead electrical service. The Publio Utilities and'Community Development Departments concur with this undergrounding waiver request. i Page 4 Staff Report to the Planning Commission June 14, 2004 Item No. 2 (18) Waiver (c) pertains to minimum number, type, and design of off-street parking spaces. Code requires 84 spaces and 81 spaces are proposetl - 3 less uncovered paces then required. Imaddition to the 81 spaces beingiproposed;(56 garage spaces'and 25 guest spaces), the site plan also shows<14 additional driveway spaces ih front of the garages along the public alley in the rear. Though the Code does not permit these8nveway spaces to be counted as required spaces iri',the' RM'' zones, the.Traffic arid Transportation Manager believes that the spaces should be included in the overall parking count from a practical and functional standpoint. Therefore, since' a total of 95 spaces would actually be provided (11 spaces over the requirement), staff recommends approval of this waiver.. ( (19) Waiver (d) pertains to maximum structural height within 150 feet"of asingle-family residential zone. Since` he condominium buildings would be setback at least 50 feeffrom the single-family residential zoneboundary to the north, this waiver has been deleted.' j (20) Waiver (e) pertains to minimum distance between buildings. Code requires a minimum distance of 23 feet between builtlhgs and' 19 feet is proposed. This is duel in part, 6y the large width. but shallow lot depthiof the property that limits building placement and forces the units to be wider with less depth. The site plan, however, indicates thatdue to the perpendicular orientation of the condominium buildings, a very small percentage of the building walls would be constructed at a distance of j9 feet apart: Moreover, this waiver has been granted for similar projects under he same zone classification and therefore, staff recommends aop~oval of this waiver request. (21) The Community Development Department has submitted the attached memorandum stating that the developer, Brookfield Homes has beeri negotiating with the Anaheim Redevelopment Agency for the development of a combination affordable and market rate, for-sale'condominium untt5.2A disposition and development, agreement will be considered,by the Redevelopment Agency and City Council at a future public hearing:] The Community Development Department concurs with Planning: Department staff's recommendation for approval. FINDINGS: (22) Section 18.06.080 of the parking ordinance sets forth the following findtngswhich are- required to oe made tiefore the, parking waiver is approved by the Commission: (a) That the waiver, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for such use thari the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonabtyforeseeable conditions of operation of such use; and (b) That the waiver,,under the conditions imposed, will not increase the demand and competition for parking spaces upon he public streets in the immediate vicinity: of the proposed use; and (c) That the waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon`adjacenfprivate property in the immediate' vicinity!of the proposed use; and Page 5 Staff Report to the PlannirigCommissibri June 14, 2004 Ytem No. 2? r(d) That the waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas'dr lots provided for such use; and (e) That the waiver, under the conditions imposed, will not Impede vefiicular ingress to or egress from adjacent;properties:upon the'public streets or alleys in the immediate vicinity of the'proposed use. '.Unless conditions to the contrary are expressly imposed upon'the granting of any waiver pursuant o this Section by the';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 iritensity of toe use as'contained'ln the parking demand wetter that formed the basis for approval of said waiver. Exceeding violating, intensifying or otherwise deviating from any of said assumptions as contained in the parking demand i letter shall be deemed a violation of the express conditions imposed upon said waiver .:which shall subjecfsaid waive~'to termiriaGon or modification'pursuant td the provisions of Sections~d8.03.09b'and 18.03:092 ofthis'Code. (23) .:When practical difficulties or unnecessary hardships result from strict enforcement of the ?Zoning Code, a modification may be granted for theipurpose of assuringllthat no property, i because of special'circumstarices applicable to it, hall be deprived of privileges commonly enjoyed by other properties ih+the same vicinity and zone. The sole purpose of any code waiver is to prevent discrimination and none shall'be approved which would ihave the effect of granting a special privilege not shared by other similar properties! Therefore; before any code waiver is granted by the' Planning'Commissjon, it shall be `shown: (a) That there are: special circumstances applicable to the property such as size;: shape, topography, location or surroundings, which do not apply to other identically zoned properties in the vicinity; and: '(b) That strict application of the Zoningi Code deprives the property of privileges enjoyed by other properties underidentical zoning classificatipn in' he vicinity: (24) The State'Subdivision Map Act (Government Code, Section 66473.5) makes it mandatory to include in all motions approving, or recommending approval of a tractmap, a specific i finding that the proposed Subdivision together withts design and improvement is consisterif with the: City's General Plan. Further, the law requires that the Commission/Council make any of the following findings when denying or recommending denial of a tract map: 1. That the proposed map is not consistent with applicable' General and Specific Plans. 2. That the design or improvement of the proposed subdivision is not consistent with applicable General and(Speeific Plans. 3. That the site is not physically suitable for the type of development. 4. That the site is not physically suitable for the'proposed density of development. Page 6 l Staff Report to the Planning Commission June 14, 2004 item No 2 5} Thaf the design. of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6C Thafthe design'of the subdivision or he type of improvements is likely to cause serious public health problems. " 7: That the design. of the subdivision of the type of improvements will donflict with` easements, acquired by;ttie public aC large, fdr access through or use of property within the proposed subdivision. RECOMMENDATION: (25) Staff recommends that, unless additional or contrary .information is received duLing the meeting, and based upon the evidence submitted td'the Commission, including the evidence presented iri this staff report, and oral and written evidence presented at the public hearing, the Commissidn approve ttie petitioner's request by adopting the attached ? resolutiori fdr Variance No. 2004=04607 and motioh`excerpt for Tentative Tract Map Nb. 16683 including tfie findings contained therein. I Page 7 [DRAFT] RESOLUTION NO. PC2004--""" A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION -- THAT PETITION FOR VARIANCE NO. 2004-04607 BE GRANTED, IN PART (3119 - 3165 WEST LINCOLN AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance for certain real property situated in the City of Anaheim, County of Orange, State of California described as: LOTS 5 THROUGH 16 OF TRACT NO. 1820, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGES 31 AND 32, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 17, 2004, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the June 2 and 14, 2004, Planning Commission meetings in order to advertise an additional waiver pertaining to improvement of public right-of-way and complete financial negotiations with the Anaheim Redevelopment Agency; 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 petitioner proposes to construct an "affordable" 1-lot, 28-unit attached condominium complex with the following waivers: (a) SECTION NO. 18.04.045.0140 - Minimum front vard setback adjacent to an arterial hiohwav (35 feet required; 27 feet proposed) (b) SECTION NO. 18.04.080.020 - Required improvement of oublic right-of-way (Electrical utility undergrounding required; none proposed) (c) SECTION NO. 18.06.050.0121 - Minimum number, tvpe, and desion of off-street parking spaces (84 spaces required; 81 proposed) (d) SECTION NO. 16.31.062.012 - Maximum structural height within 150 of a single- family residential zone (DELETED) (e) SECTION NO. 18.31.063.024 - Minimum distance between buildings (23 feet required; 19 feet proposed. 2. That the above-mentioned waiver (d) pertaining to maximum structural height within 150 of a single-family residential zone is hereby denied on the basis that it has been deleted subsequent to advertisement. 3. That waiver (c) for minimum number of parking spaces is hereby approved based upon the determination of the City Traffic and Transportation Manager that the proposed number of parking spaces would be adequate based upon operation of the use in conformance with the assumptions and/or conclusions relating to the operation and intensity of use as contained in the parking demand letter, and further that the actual number of spaces being proposed from a functional standpoint exceed Code requirements. CR\PC2004-0 -1- PC2004- 4. That waivers (a), (b), and (e) are hereby approved based on the special circumstances of this property due to its narrow depth and long width, making compliance with these Code standards difficult, and further that the average front setback exceeds Code requirements. - - - 5. That ****** indicated their presence at said public :hearing in opposition; and that no correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to construct an "affordable", 1-lot, 28-unit, attached condominium complex with waivers of: (a) minimum front yard setback adjacent to an arterial highway, (b) required improvement of public right-of-way, (c) minimum number, type, and design of off-street parking spaces, (d) maximum structural height within 150 feet of asingle-family residential zone, and (e) minimum distance between buildings; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independentjudgement 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 fhe 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 Variance, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the developer shall install minimum 24-inch box sized trees on 30-foot centers in the parkway or in tree wells (minimum 52-inch square) in the public right-of-way along Lincoln Avenue in accordance with the Lincoln Avenue Corridor Master Plan. Said information shall be specifically shown on plans submitted for Community Services, Public Works, and Planning Department approval. The entire parkway shall be irrigated by a system supplied from the development. 2. That gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic in the adjacent public street or alley. Installation of any gates shall conform to Engineering Standard Plan No. 609. Said .requirements shall be subject to the review and approval of the City Traffic and Transportation Manager. Said information shall be specifically shown on plans submitted for building permits. 3. That trash truck access shall be provided and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said access shall be specifically shown on plans submitted for building permits. 4. That the property owner/developer shall install street lights on Lincoln Avenue and within the project as required by the Electrical Engineering Division. A bond for the installation of the street lights shall be posted with the City of Anaheim prior to issuance of building permits. The street lights shall be installed prior to occupancy. 5. That any required .relocation of City electrical facilities shall be at the developer's expense. That landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be shown on plans submitted far building permits. 6. 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 located above ground outside of the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback areas in a manner fully screened from all public streets and alleys. Said information shall be shown on plans and approved by W ater Engineering and Cross Connection Control Inspector before submittal for building permits. -2- PC2004- That since this project has landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed and shall comply with City Ordinance No. 5349 and Chapter 10.19 of the Anaheim Municipal Code. Said information shall be shown on plans submitted for building permits. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said Department. Said storage areas shall be designed to be architecturally compatible with the design of the residences, located and screened so as not to be readily identifiable from adjacent streets or- highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum 1-gallon size clinging vines planted on maximum 3-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits for Planning Department and Public Works Department, Streets and Sanitation Division approval. 9. 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. 10. That roll-up garage doors shall be shown on plans submitted for building permits. Said doors shall be installed and maintained as shown on submitted plans. 11. That all air conditioning facilities and other ground-mounted mechanical equipment shall be properly shielded from view and the sound buffered from adjacent residential properties. Such information shall be specifically shown on the plans submitted for building permits. 12. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits. 13. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 14. That clothes washer and dryer hookups shall be incorporated into each condominium dwelling unit and shall be shown on plans submitted for building permits. 15. That final detailed landscape and irrigation plans shall be submitted to the Zoning Division for review and approval. Said landscape plans shall show minimum 24-inch box sized trees, shrubs, groundcover and vines to be planted in layers 1n common areas, and trees on maximum 20-foot centers and earthen berms along the Lincoln Avenue street frontage. All trees shall be properly, professionally, and permanently maintained to ensure mature, healthy growth. Any decision by staff regarding said plan may be appealed to the Planning Commission as a Reports and Recommendation item. 16. That Variance No. 2004-04607 is hereby granted subject to the approval and recordation of Tentative Tract Map No. 16683, now pending. 17. That prior to application for water meters, fire line or submitting the water improvement plans for approval, the developer/owner shall submit to the Public Utilities Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands far the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall occur in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations. 18. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through Water Engineering pivision of the Anaheim Public Utilities Department. -3- PC2004- 19. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval in conformance with the current version of Engineering Standard Plan Nos. 436 and 601/602 pertaining to parking standards and driveway location. Subject property shall thereupon be developed and maintained in conformance with said plans. _ 20. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 21. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval in conformance with the Engineering Standard No. 137 pertaining to sight distance visibility for the sign or wall/fence locations, 22. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 12, and as conditioned herein. 23. That prior to issuance of certificate of occupancy, the applicant shall: • Demonstrate that all structural BMPs described in the Project W OMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WOMP • 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 forall structural BMPs 24. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos.1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 19 and 21 above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.D3.090 of the Anaheim :Municipal Code. 25. That prior to final building and zoning inspections, Condition Nos. 22 and 23, above-mentioned, shall be complied with. 26. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void.. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 14, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18:03, "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) -4- PC2004- I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on June 14, 2004, by the following vote of the members thereof: - - -- AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2004. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC2004- City of Anaheim ~1LAI~i1~IgilTG E~A~'~'1~~1~I'If' June 2, 2004 [DRAFT] Elisa Stipkovich, Anaheim Redevelopment Agency 201 South Anaheim Boulevard Anaheim, CA 928p5 Following is an excerpt from the minutes of the Anaheim City Planning Commission meeting of June 2, 2004. 3a. CEQA NEGATIVE DECLARATION 3b. VARIANCE NO. 2004-04607 (READVERTISED) 3c. TENTATIVE TRACT MAP NO. 16663 OWNER: Elisa Stipkovich, Anaheim Redevelopment Agency, 201 South Anaheim Boulevard, Anaheim, CA 92805 AGENT: Cheryl Stump, Brookfield Homes, 3090 Bristol Street, Suite 200, Costa Mesa, CA 92626 LOCATION: 3119 - 3165 West Lincoln Avenue. Property is approximately 2.5 acres, having a frontage of 753 feet on the north side of Lincoln Avenue, located 285 feet east of the centerline of Western Avenue. VARIANCE NO. 2004-04607 -Request to construct an "affordable", 1-lot, 28-unit, attached condominium complex with waivers of: (a) minimum front yard setback adjacent to an arterial highway, (b) required improvement of public right-of-way, (c) minimum number, type, and design of off-street parking spaces, (d) maximum structural height within 150 feet of a single- family residential zone, and (e) minimum distance between buildings. TENTATIVE TRACT RAAP NO. 16663 -Request to establish an "affordable" 1-lot, 28-unit, airspace attached residential condominium subdivision. ACTION: Commissioner ""*""' offered a motion, seconded by Commissioner *'*'*'**"* and MOTION CARRIED (Commissioner """""absent), .that the Anaheim City Planning Commission has reviewed the proposal to establish an "affordable" 1-lot, 28-unit, airspace attached residential condominium subdivision on Lots 5 through 16 of Tract no. 1620, in the City of Anaheim, County of Orange, State of California, as shown on a map recorded in book 51, pages 31 and 32, of miscellaneous maps, in the office of the County Recorder of said County, and does hereby approve the Negative Declaration upon finding that the declaration reflects the independentjudgment 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. Commissioner """"'* offered a motion, seconded by Commissioner *****°*'***'*'** and MOTION CARRIED (Commissioner'**"`*'*`* absent), that the Anaheim City Planning Commission does hereby approve Tentative Tract Map No. 16683 based on the following conditions: 1. That the existing drainage easement shall be abandoned. www.anaheim.net 200 South Anaheim Boulevard P.O. Box 3222 Anaheim, California 92603 TEL (714) 765-5139 2. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim a fifteen (15) foot wide easement for drainage purposes on the final map to replace the existing drainage easement that is to be abandoned. 3. That prior to issuance of the first building permit, excluding model homes, the final map shall be submitted to and approved by the City of Anaheim and the Orange County' Surveyor and then shall be recorded in the Office of the Orange County Recorder (Subdivision Map Act, Section 66499.40). 4. That a maintenance covenant, shall be submitted to the Subdivision Section and approved by the City Attorney's office. The covenant shall include provisions for maintenance of private facilities, including landscaping compliance with approved Water Quality Management Plan, and a maintenance exhibit. The covenant shall be recorded concurrently with the final map. 5. That the legal property owner shall execute a Subdivision Agreement, in a form approved by the City Attomey, to complete the required public improvements at the legal property owner's expense. Said agreement shall be submitted to the Public Works Department, Subdivision Section approved by the City Attomey and City Engineer and then recorded concurrently with the final map. 6. That prior to the issuance of grading permit, the applicant shall submit to the Public Works Department Development Services Division for review and approval a Water Quality Management Plan that: • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan (DAMP). • Incorporates Treatment Control BMPs as defined in the DAMP. • Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. • Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs. • Describes the mechanism for funding the long-tens operation and maintenance of the Treatment Control BMPs. 7. That prior to issuance of certificate of occupancy, the applicant shall: • Demonstrate that all structural BMPs described in the Project WOMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP • Demonstrate that an adequate number of copies of the approved Project W QMP are available onsite. • Submit far review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 8. That the applicant shall submit street improvement plans to the Public Works Department, Subdivision Section to widen Lincoln Avenue per Public Works Standard Detail 160 and the Lincoln Avenue Master Corridor Study. The applicant shall also install street trees, tree wells and irrigation along Lincoln Avenue. Irrigation shall be tied into the on-site system and maintained by the property owner. No additipnal street right-of-way dedication is required. A Right of Way Construction Permit shall be obtained from the Development Services Division for all work pertormed in the right of way. A bond shall be posted in an amount °' approved by the City Engineer and a form approved by the City Attorney prior to approval of the final map. The improvements shall be constructed prior to certificate of occupancy. 9. That the applicant shall submit a written request to the Public Works Department, Subdivision Section to petition Southern California Edison and SBC to relocate the power/utility poles (6 total) and cable lines along the project's frontage on Lincoln Avenue. 10. That all remaining existing structures shall be demolished. The legal property owner shall obtain a demolition permit from the Building Division. 11. That all units shall be assigned street addresses by the Building Division. 12. That the developer shall pay the Sewer Capacity Mitigation Fee for the Combined West Anaheim Area, Zone A area. The mitigation fee is currently $199/unit for single family residential developments. 13. That vehicular access rights to Lincoln Avenue shall be released and relinquished to the Ciry of Anaheim. 14. That sanitary sewer and storm drains for this development shall be privately maintained. 15. That private drives within the development shall be privately maintained. Parking shall only be allowed in designated parking stalls. The improvement plans shall either include no parking signs or red curbs to identify this parking restriction. 16. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement for water service mains andlor an easement for large meters and other public water facilities. 17. That if new or upgraded electrical service is required, the property owneddeveloper shall provide the City of Anaheim with a public utilities easement to be determined as electrical design is completed. 18. That prior to final tract map approval, Condition Nos. 1, 2, 4, 5, 6, B, 9, 10, 11, 12, 13, 15 and 16, above-mentioned, shall be complied with. 19. That approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. Sincerely, Eleanor Morris, Senior Secretary Anaheim City Planning Commission Cc: Cheryl Stump, Brookfield Homes, 3090 Bristol Street, Suite 200, Costa Mesa, CA 92626 Mark Asturias, Community Development Department CR~M.doc ATTACHMENT -ITEM N0, 2 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: AMC 18.04.045.0140 (A separate statement is required for each Code waiver) -- PERTAINING TO: MINIMUM FRONT YARD SETBACK ADJACENT TO AN ARTERIAL HIGHWAY. Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? X Yes _ No. If your answer is "Yes," describe the special circumstances: See Attached.. 2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the same zone as your property? X Yes _ No If your answer is "yes," describe how the property is different: See Attached. 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? X Yes _No If your answer if "yes," describe the special circumstances: See Attached. 4. Were the special circumstances created by causes beyond the control of the .property owner (or previous property owners)? X Yes _ No EXPLAIN The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone which is not otherwise expressly authorized by zone regulations governing subject property. Use variances are not permitted. April 15, 2004 Signature Property Own or Authorized Agent Date CONDITIONAL USE PERMIT/VARIANCE NO. ®.00~ - ~`>< (0O~ DECEMBER 12, 2000 - ~ f; t ? ~ i JAY t1 ~ t ~ y ~ : SOUTHLAND BUSINESS GROUP 3 i t- ! 3090 Bristol Street, Suf[e 200 ~ ~ ,. YY s.., ,. } ~~ ,Costa Mesa, California 9262b ~ L ~.~ i~ r- ~ ~ Phone 714.127.6866 Fax T14A27.6869 __~_ ~~",~' brookfieldsouthland.mm ~~, eno®I<fllto H O M E S PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER Brookfield Homes is requesting a waiver of Anaheim Municipal Code Section 18.04.045.0140 (Minimum front yard setback adjacent to an arterial highway) for Tentative Tract Map 16683. On the proposed site plan, the minimum front setback is 27-feet. The encroachment into the minimum setback was required in order to provide an additional 8-foot setback for the parking stalls located to the rear of the site, as requested by the traffic engineering department. Brookfield Homes will mitigate the impacts of the Lincoln Avenue through enhanced landscaping. The average front setback on the proposed site plan meets the 35-foot minimum setback. The proposed site is in compliance with the Anaheim Municipal Code when the average front setback is considered. ATTACHMENT -ITEM N0. 2 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: 18.040.080 (A separate statement is required for each Code waiver) PERTAINING TO: Undergrounding Electric Utilities Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the properly of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. 1. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? X Yes _ No. If your answer is "Yes," describe the special circumstances: The property is surrounded by improved 2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the same zone as your property? X Yes _ No If your answer is "yes," describe how the property is different: The property is a mid-block site with approximately 750 feet of frontaoe & 147 feet of depth. 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? X Yes _No If your answer ff "yes," describe the special circumstances: 4. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? X Yes _ No EXPLAIN: Electrical utility service was located in the alley owned by the Citv. The overhead service also provides overhead electrical service to single-family residential neiohbors on the north side of the alley. The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone which is not otherwise expressly authorized by zone regulations governing subject property. Use~vja/rifancessare not ermi ed. Signature of Properly Owner or Authorized Agent Date CONDITIONAL USE PERMITNARIANCE NO. =~4"- ~~~~ DECEMBER 12, 2000 F:~0005IAOMIMGENERALUJGA 517A000 ATTACHMENT - ITEM N0. 2 David See Page 1 of 1 From: Cheryl Stump [CStump@brookfieldsouthland.com] Sent: Thursday, April 15, 2004 5:08 PM To: David See Subject: Parking Waiver: Tract 16683 - Dave: Brookfield Homes is requesting a parking waiver of Anaheim Municipal Code Section AMG 18:06.050.0121 (Minimum number, type, and design of off-street parking spaces). On the current plan, Brookfield Homes is providing 88 parking spaces (56 garage spaces, 25 parking stalls, and 7 driveway stalls). The required parking is 84 spaces (3 spaces per unit). According to the RM-3000 code, the 7 driveway stalls are not applicable toward the total project parking count. The total parking provided :per code is 81 parking spaces. Traffic Engineering has indicated that they accept the driveway parking stalls towards the parking totals. Please call me if you have any questions regarding this matter. 4/15/2004 ATTACHMENT -ITEM N0, 2 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: AMC 18.31.065.011 (A separate statement is required for each Code waiver) PERTAINING TO: MINIMUM DISTANCE BETWEEN BUILDINGS. Sections 18.03.040.030 and 18.12:060 of the Anaheim Municipal Code require that before any variance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. 1. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? X Yes _ No. If your answer is "Yes," describe the special circumstances: See Attached. 2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the same zone as your property? X Yes ,_ No If your answer is "yes," describe how the property is different: See Attached. 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? X Yes _No If your answer if "yes," describe the special circumstances: See Attached. 4. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? X Yes _ No EXPLAIN See Attached. The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which would .have the effect of granting a special privilege not shared by other property in the same vicinity and zone which is not otherwise expressly authorized by zone regulations governing subject property. Use variances are not permitted. April 15, 2004 Signatur of Property Ow r or Authorized Agent Date CONDITIONAL USE PERMITNARIANCE NO. ~~`~ - O~/- ~ 07 DECEMBER 12, 2000 -~~ 4 r " } i ~ ~" : t '~ F r 90UTHLAND BUSINESS GROUP ~ i~ ~ 1, 3090 Bristol B[reet, Suite 200 ~ ~~ * _ , ~r ~ 'Costa Mesa, California 92626 - ~ ~~ ~ Phone 714x27.6868 Paz 774.427.6869 ' ~s ~ 6mokfieldsouthland.com ~~ ~Y _. i3fl~0RFIEL® H Q M E S PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER Brookfield Homes is requesting a waiver of Anaheim Municipal Code Section 18.31.065.011 (Minimum distance between buildings) for Tentative Tract Map 16683. The minimum distance between buildings on the proposed plan is 19.3-feet. Brookfield Homes will mitigate any potential privacy intrusion between adjacent buildings through enhanced landscaping and building orientation. ~ E ~ Q R ~, N D tJ ~ ATTACHMENT - ITEM N0. 2 City of Anaheim Community Development Department DATE: April 2, 2004 TO: David See, Planning Department FROM: Mark Asturias, Community Development SUBJECT: PRESIDENT'S TRACT AFFORDABLE HOUSING PROJECT The Anaheim Community Development Department is negotiating with Brookfield Momes the development of a for-sale affordable and market rate project. The site is located between Grand and Western on the north side of West Lincoln Avenue. A development agreement will be submitted to the Redevelopment Agency and City Council for consideration and approval in May 2004. Entitlements for the proposed affordable housing project will be a component requirement of the agreement. Brookfield has agreed to act at the Agency's agent and submit a petition for a tentative tract map to subdivide the site for development. The petition for a tract map was submitted to your office on March 30, 2004 and this memorandum should be included in the submittal to provide evidence of the Agency's intent to develop an affordable housing project. Should you have any questions please contact me at extension 4315. Thank you F~\DOCS WDA9N~MEM05\MAM4402A.DOC i ITEM N0. 3 gp gp-p RCL fib-67-61 Q3) RCL fib-67-61 (104) CUP 430 CUP 2776 VAR 2917 5 RSA-4],990 VAR 4352 PENNY SLEEPE RCL 82-932? VAR 3566 INN GDLOEN SKIES SP 92-2 ~ MOBILEHDME PARK SP 92-2 FAIRFIELD INN RCL 66-67-fit hO6) Q. I RCL CUP 2598104) CUP 436 Cy McDONALD'S VAR 227D Fs RESTAURANT VAC BLMDGFFICE ~~ sP 9z-z P9G RCL 6fi~67.61 (106) pgRK NN ~ CUP 3594 IMERNATIONAL ~ mil ' ' ~ pe'`;o P 92-2 '$- ~ ooM1Apy6oM1~y 1EIM RE6DRT CUP 2092-04657 661-6119) T-VARAgR+04586 ~ANDSE E6 SPECIFICPLAN 92-2 7Z -9 D~JQM1ry~~~~{t"pb 2003-04795 RCL 66-67-61 (t 06) 9y ~ Q,CYpp c4 19 RCL 6fi-67-14 (~ ~ G 9g `~~ SP 92-2 RCL 55-56-24 ~ ~ s4eF G~' P3M1'S`~~¢ RCL 66-67-61 (20) INDUSTRIAL 'P 'C 4- G~p4 A~ab°p VAR 605fi BUILDING ~~O ~~ ~G~QQ~ry>~~@ TROPICANA INN 'per \`(~i Gc~~4e ga5q SP 92-2 ~- ~.f~ RCL fib 67-61 (30) ~j CUP 591 VAR 19295 i - < S VAR 1333 ANAHEIM RESORT PARKPLACE INN ,SPECIFIC PLAN 92 2 ~ RCL 86 87.81 (100) ' -2 SP 92 2 RCL 66-fi7-14 61 69 VAR 1486 RCL 6&67-61 - ( I VAR 1355 (7) ,. RCL 55-5624 ,. r 7~` CUP 933 " ~ CUP 2004-04049 X~ VAR 1466 INDUSTRIAL 6P y2-p VAR 1355 ,% BUILDING r Rc 6567Sa (t VAR 7254 yq~t PARK VUE INN gel : -' ANAHEIM OE9E6T 6P92-2 yqR 7706 ALRO WAV NN a sURES RCL 66-6151 (6j AQ10044 VAR 1649 S RCL 666751 99 VAR 3223 I92) OENNY'S CUP 364 ( j VAR 1849 5 SP 92-1 CUP 316 DEL 6OL flCL 6fi-6]-fii tae/ SP 92-1 CUP 20 SP 92-1 BP 92-2 RCL 6657-fit (27) SP 92-1 fiAKERW RCL 77-78-56 R0.564i/51 (182) BEST WESTERN RCL 64-65-112 RCL fib-67-61 (27) RCL 6687-81 (108) CUP 417 pNgHEIM INN RCL 56-57-67 RCL 64-fi5-112 ~ CUP 2964 VAR 7273 W SP 92-1 CUP 574 RCL 56-57-67 VAR 3009 CUP 32 CLIP 574 W RCL 6567-61 (ID41 VAR 730 6P 92-2 CUP 755 C11P 32 ~. cEMER CHILDRENS STORE RCL 666151 (63) VAR 3630 VAR 2167 S CUP 755 N m' cUP 477 VAR 2695 VAR 2074 5 VAR 2074 S CUP 386 vaR 335 .DISNEYLAND Wn RAruDA MANDATE DISNEYLAND SP 92-1 PARKING PARKING ? RCL 77-7&5e F RCL 666/51(106) CUP 2330 SP 92.2 VAR 3630 W VAR 3099 RCLfi66/51166) VAR 2695 ~ VAR 730 CUP 36fi flAAUDA MANDATE W 6M. IND. FIRM J sP sz4 U RCL 656751121) LANDSCAPED SP 92-1 SP 92-i CUP 1064 LAN0.SCAPED SP 92-1 VAR 2~tfi EASEMEM RCL66.87-81(106) EASEMENT RCL 66-67-61(109) RCLCUP 16091108) DISNEY WAY - - Conditional Use Permit No. 2004-04848 Subject Property Date: June 14, 2004 Scale: Graphic Requested By: T. WHITB, LLC & DARTBROOK Q.S. No. 87 REQUEST TO PERMIT OFFICE USES IN AN EXISTING LEGAL NONCONFORMING INDUSTRIAL BUILDING TO INCLUDE 55,176 SQUARE FEET OF OFFICE USES FOR THE DEPARTMENT OF IMMIGRATION AND NATURALIZATION SERVICES IN ADDITION TO RETAINING 12,664 SQUARE FEET OF WAREHOUSE/ MANUFACTURING AREA WITH WAIVER OF MINIMUM NUMBER OF PARKING SPACES. 1585 South Manchester Avenue ~34st2ooa-s-e~ ~._, ~. ' ~ r 6P Bt2 m t 1 ~'~ r+ e Fyz:" ` ~~ 1 9 t ~ . ,~ .~ , •~. L '7 i r S~ ~`~ ~ ~'y 4~'g It ~~ab ~ ~, ~ t ~ ~ ~~ ~~~ (fib ' ~ ~ 'S '~ 2. h~ 1!! h Ttc ~' A ~ ~ ~~ f Y r ~ ~...- ITEM N0. 3 1 Staff Report to`the Planning Commission June 14, 2004 Item No. 3 3a. CEQA MITIGATED NEGATIVE DECLARATION (Motion) - 3b. WAIVER OF"CODE REQUIREMENTS ' (Motion) 3c. 'CONDITIONAL USE PERMIT N0 2004-04848 (Resolution) SITE LOCATION AND bESCRIPTION: (1 )', This rectangular-shaped 4.3-acre parcel has a frontage or approximately 187 feet on the west side of Manchester Avenue; a maximum depth of approximately 981'feet and is located 716 feet north of the centerline'of Disney Way and is(further described as 1585 South Manchester Avenue.* *Previously advertised as an irregularly-shaped 13.69-acre parcel located 716 feet north of the centerline of Disney Way, with' a frontage!of approximately 828 feet on the west side of Manchester Avenue, a maximum depth of approximately 981 feet and furthee'descdbed as 1515 and 1585 South ManchesterAvenue. I REQUEST: r (2) Petitioner requests approval of a Conditional Use Permit under authority of Cade Section Nos. 18.48.020.050.0505 and 18.48.070.050.0511 to permit office uses in an existing legal nonconforming industrial building to include 55,t76 square'feet of office uses for the Department of Immigration and Naturalization Services in addition to retaining 12,664 square feet of storage/warehouse area with waiver of the following; (a) SECTION NO5. 18.06,050.020A212 Minimum number of narking spaces And 18.06'.050.030:031 .(240 spaces required; 232 proposed and recommended by,the Trafric and Transportation Manager) BACKGROUND: (3) This item was continued from the June 2, 2004 Planning Commission meeting in order for the project applicant to revise the project application and site plan. The original': request was fora Conditional Use Permit to allow office uses on`.two parcels (1585'and 1515 S. Manchester Avenue). The revised request is for office uses on only one parcel (1585 S. Manchester Avenue). (4} The subject property is 4.3 acres and is developed with a legal nonconforming industrial building. The property hasbeen zoned SP92-2 (Anaheim Resort Specific Plan No. 92-2) , since September'1994 and`is designated for Commercial Recreation and uses in the City of Anaheim General Plan. An aerial photograph of the industrial building is provided on the following page. (5); The existing industrial building, site improvements and uses are Iegal`nonconforming as they complied with ttre Code in effect at the time of construction/commencement of the uses, however, they do not comply with current Code'requirements (i.e., tFre Anaheim Resort Specific Plan does not permit new freestanding'industrial buildings). i (6) < Lot Line Adjustment LLA-0000510 was approved by the City Engineer' on April 30, 2004, in order to subdivide the existing 13.69-acre propey (1515'and 1585. S: Manchester Avenue) into two separateparcels. (7) On April 27, 2003; the City Council adopted Ordinance No.' 5910 (Adjustment No. 4 to the Anaheim Resort Specific Plan No: 92-2) to permit new ofrce uses in legal nonconforming buildings subject to the approval ofa Conditional Use Permit. Sr8728dh(b}.doc Page 1 Staff Report to the Planning Commission June 14, 2004` Item No, 3 (9) Surrounding Iantl uses are as follows: Direction Land Use Zoning General Plan Desi nation 'North Industrial Buildings SP92-2 ' Commercial Recreation .East across Manchester - Vacant parcel SP92-2 Commercial Avenue Recreation 'South Disneyland Resort SP92-1 Commercial parking' lot and shared i Recreation access' exit-only tlrive aisle ' West Hotels(Parkvuelrinand 'SP92-2 Commercial ' Best Western) RBCreaflOn *SP92-I (Tfic Disneyland Resort Spemfic Plan No. 92-I ) *SP92 2 (The Anaheim Resort Specific Plan No. 92-2) DISCUSSION: (10) The petitioner proposes louse the entire existing 67,840 square foot industrial building for the Department of Immigration'and Natu~alizationiServices (the office of Citizen and Immigration Services). The submitted plans indicate 55,176 quare feet of office'area (including a 400 square foot lobby for security screening and a 4;000 square foot waiting room)'with 12,664 square feet of storagelwarehousesrea. Two restrooms for public use will also'be providetl. An existing 11,000 square foot mezzanine area{is proposetl to be used to provide skylights for the subject tenant and will not contain any usable square footage.:: (t1) The applicant's Letter of Operation indicates that business hours will be from 7:00 a.m. to 5:00 pm., Monday through' Friday antl that visitors will be seen during business hours by appointment only. Said letter further indicates that up to 172 full-time: employees will beon- site and that the office will specialize in judication service (asylum) antl will notjnclude a '' detention facility'br conduct deportation activities. The applicant has'also indicated that in' order to avoid Tines developing outside the facility before and duringbusiness flours, the facility!has been'designed with a 400-sgaure foot lobby forsecurity screening, after which visitors will be directed to a`4,000 square foot waiting room: Staff is additionally recommending a condition`of approval (Condition No. 2) requiring aU uses to be conducted indoors (i.e., no`waiting areas or other INS uses'in the parking lot or outside of the building). (12) Vehicular access to the site is provided via an existing shared 40-foot wide driveway from" Manchester Avenue. The parking lot is proposed to be retlesigned to provide for enhanced circulation and new landscaping. An'existing trailer (located at the rear of the property and used as a dwelling unit for "security personneij will be eliminated and'~eplaced with parking spaces. A total'of 232 on-site parking spaces are proposetl. Code requires a minimum of 240 parking spaces based`on the following:' d Building/Use `:: Area' :: Code Requitement<" NumberofSpaces, Re wired 4 spaces/1,000 feet of Office Uses 55,176 GFA 220.7 1.55 spaces/1,000 feet ManufacturinglWarehousing 12,664 1g.6 of GFA TOTAL !' 67,840 240.3 Page 3 Staff Report to the Planning Commissidn June 14,'2004 Item No. 3 Pedestrian access to the building!will be provided via a new 6-foot wide on-site sidewalk- - -~ which will connect the building with a new 6-foot wide public sidewalk to be constructed along Manchester;4venue as required by the Public Works Department; There is'also a reciprocal vehicular access and parking easement over and across the subject property at 1585 South Manchester Avenue and the adjacent property at 1515'+5. Manchester Avenue. `(13) Plans indicate the installation of new landscaping including landscape planters and tree wells in the redesigned parking area afthe rear dithe existing building"and a new 5-foot wide planter containing Canary Island Pine trees/ground cover along the west property line (adjacent to the existing:. hotels). The parking area and new landscape planter areas are proposed to be planted with a variety of mature trees, shrubs, flowering plants, vines, `ground cover and anrtual color including, but not limited to the following: California'Sycamore Sweet Gum, Southern Magnolia, Brisbane Box, Mexican Fan'Palm and Canary Island Pine trees; Tobira, Flax, Bird of Paradise, Gardenia, Agapanthus,'Indian Hawthorn and Photinia shrubs; Star Jasmine`and turf ground cover; and, Hedera Helix'vines. As a recommended condition of approval (Condition No. 30), all existing walls, chainlink fencesand trash,enclosure walls, will be required to be planted witfivines to retluce graffiti opportunities and enhance fire aesthetics of the site. {14) The applicanbis requesting that the Conditional Use Permit be approved foria period of 15 years to coincide with their proposed lease with the INS. Staff concurs with' he request since the: proposed office use is for a federal function. If other types of office uses'. in legal nonconforming buildings are proposed in the Specific Plan area in the future, the permitted time period for those office uses would be evaluated on a case-by-case basis. ENVIRONMENTAL'IMPACT ANALYSIS: (15) In conjunction with the approval of the Anaheim Resorf,Specific Plan No. 92;2, the City Council, on Septemben30, 1994, certified Master Environmental Impact Report No. 313 and adopted Mitigation Monitoring Program No. 0085. The Master EIR analyzed he environmental effects resulting from the full build out of the Anaheim Resort!,Specific Plan area. Staff has reviewed the proposal and the Initial Study (a copy of which is available for review in the Planning Department) and finds that the proposed office use in a legal nonconforming industrial building will not result in any new significant adverse environmental impacts or substantial increase in severity of,any previously-identified significant impacts which cannof be mitigated to a level of insignificance. Mitigation measures have been` identified and: are contained in Mitigation Monitoring Plah No. 066. for the project. Therefore, staff recommends that a Mitigated Negative Declaration be approved upon a finding by the Commission hat the declaration reflects the independentjudgmeht of the lead agency; and that it has considered the proposed Mitigated Negative beclaratidn togetherwith any comments received during the public review; process and further finding on the basis of the Initial Study that there is no substantial evidence, with the imposition of mitigation measures contained in Mitigation Monitoring,Plan No. 066 and recommended conditions of approval, that the project will have a significant effect on the environment. GROWTH MANAGEMENT ELEMENT ANALYSIS: (16) The proposed project has been reviewed by affected City departments to determine whether it conforms with the City's Growth?Management Element adoptetlby the City Council on March 17, 1992. Based`bn City staff review of the proposed project, it has been determined that this project does not fit within he scope Necessary to require'a Growth' Management Element analysis; therefore, no analysis hassbeen performed. Page 4 l Staff Report to the Planning Commission June 14, 2004: Item No. 3 EVALUATION: (17) The Anaheim Resort Specific Plan permits office'uses in a legal non-conforming building , subject to the approval of a Conditional Use Permit. Basedi upon a review of the submitted ~•, plans; and including the conditions of,`approval as recommended, staff supports the proposed Conditional Use Permit as the proposed office use will be conducted'entirelywitMn fhe building and additional landscape entrancements'and sidewalk improvements will be provided _ on thesite. Furtfier, the proposed office use in a;legal nonconformingbuilding is a properiise for which a Conditional UsePermit is authorizedjand the proposed use will not adversely affect the adjoining land uses or growth and development of the area m which itrs located.`: (18) The requested cotle waiver pertains to the minimum number of required parking?spaces. Code requires a'minimum:of 240 on-site parking!spaces for the proposed offices uses as indicated in paragraph (12) of this staff report. ,The submitted plans indicate a total of 232 proposed parking spaces. The petitioner has submitted a Parking Study prepared by Ttaffic Safety; Engineers ated June 3, 2004, o substantiate the requested waiver. Based upon a survey. of two existing large'office complex sites;. said Study indicatesthat the highest peak parking demand for the proposed use is projected to be 154 spaces. (86 spaces: less than the proposed 240 parking spaces). The: City's Traffic and Transportation Manager has reviewed the Study and has determined that 240 parking spaces would be adequate for the proposed project. Therefore, the City's Traffic and Transportation Manager has;approved the Studyas being adequate for the requested parking waiver:: A copy of the approved Study. has been:: provided to the Planning Commission and is on file and available for public review in the ' Plannirg Department. The Packing Study also provides information to support the`r•equired findings which are set': forth in Section 18.06.080 of the Anafteim Municipal Codeand whictr must be made before' parking,waivers are approved by the Planning Commissions " (a) That the waiver, under fhe conditions imposed, if any; will not cause fewer off-street ? parking spaces to be'provided for such use. than the number of such spaces necessary to accommodate alt vehicles attributable to uch useiunder the'normal and reasonable foreseeable conditions of operation of such use. The approved parking: study indicates that the peak parking demand for the full office use of the building is projected to be 154 spaces, which is lower han the 232 proposed parking spaces. Therefore, the project will(not cause,fewer off-street parking spaces to be provided: for such use than the numberpf such spaces necessary to accommodate all vehicles attributable to such`use under'. the normalland reasonable foreseeable conditions of operation of such use. (b) Thaf 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. The approved ParkingiStudy indicates thatthe proposed project will not increase the; demand and competition for parking spaces upon. the public streets in the immediate vicinity of the proposed project as the existing parking lot will be able to accommodate the proposed office parking demands. Further, on-street parking is not permitted on ManchesterAvenue,'the public treat adjacent to the subject property. (c) Thaf the waiver, under the conditions imposed, if any, will not increase the demand and competition for parking spaces. upon adjacent private propertyn the immediate vicinity of the proposed use. Page 5 Staff Report to the Planning Commission Uune 14;2004 Item No. 3 The approved Parking Study'indicates hat the proposed project will not cause any demand for parking on private propertyin the vicinity of theproposed use as the subject site hasa an ingress and egress easement with the property to the north. Furthermore, there is no reason to encroach in other parking facilities because the peak parking demand'of 154 parking spaces is lower'than the 232 parking spaces proposed. (d) That thel waiver, under the conditions imposed, if any, will not increase traffic congestion wfthin the off-street parking areas or lots provided for such use. The approved Parking Study indicates that traffic congestion will not occur withimthe off- street parking areas, as the existing spaces would. more than accommodate the projected peak parking demand of 154 parking spaces. Further, a shared driveway from Manchester Avenue currently serves the existing building and the adjacent property to i the north. (e) That the waiver, under the condtions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streetsin the immediate vicinity of the proposed use. ' The approved Parking Study,indicates that the proposed project will not impede vehicular ingress to or egress from adjacent properties upon: the public: streets in' he immediate vicinity of the project as the subject site' has an ingress and`egress easement with the`property to, the north:: Furthermore, there is no reason to encroach into other !; parking facilities because the; parking lot provides'ample parking as indicated in the parking analysis." !FINDINGS: (19) Before the Planning Commission grants any conditional use permit, it must make a finding of fact: that the evidence presented shows that all of the following conditions exist: (a) That the'proposed'use is properly one for which a conditional use permit is authorized + by the Zoning Code, or that said use is `not listed therein as tieing a permitted use; (b) ;That the: proposed use will not adversely affect the adjoining land uses and the growth and developmentof the area'in which it is proposed to be located; (c) That the'size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner not: detrimental to the particular area nor to the peace, health, safety, ahd general welfare; (d) That the'traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and: improved to carry the traffic in'the area; and, (e) < That the granting of the conditional use'permit under the conditions imposed, if any, will not be'detrimental'to the peace, health,: safety and general welfare of the citizens'of the ' City of Anaheim. RECOMMENDATION: (20) Staff recommends that, unless additional or contrary information is'received during the public hearing, and based upon. the evidence submitted to the Planning Commission, including the evidence presented in this staff report, and oral and written evidence presented at the public hearing, the Planning Commission'take the following actions: Page 6 i Staff Report to,the Planning Commission June 14, 2004 Item No. 3 (a) ; By Motion;`aoorove the Mitigated Negative'Declaratioh (with Mitigation Mohitoringplan No. 066) as being adequate to serve as the required environmehtal documentation for the subject request. s (b) By Motion; a rove the waiver pertaining to minimum number of required parking spaces based upon the City's Traffic and7ransportation Manager's review and recommendation thatthe existing spaces aye adequate to serve the proposed project as discussed in paragraph (18) of his staff report. (c) By Resolution, aoorove Conditional Use Permit No. 2004-04848, as conditioned herein, to permit office uses in an existing legal nonconforming industrial building'with waiver of the minimum numberof required parking spaces based upon the findings contained in the attached draft Resolution. i Page 7 [DRAFT] RESOLUTION NO. PC2004--' A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04848 BE GRANTED (1585 SOUTH MANCHESTER AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL I: THOSE PORTIONS OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER ANp OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SAID SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTHWESTERLY OF THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED AUGUST 30, 1950 IN BOOK 2064, PAGE 264, OF OFFICIAL RECORDS, ORANGE COUNTY, CALIFORNIA, AND THE NORTHWESTERLY PROLONGATION THEREOF. EXCEPT THEREFROM THAT PORTION LYING EASTERLY OF THE WESTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED OCTOBER 29, 1979 IN BOOK 13372, PAGE 236 OF OFFICIAL RECORDS, ORANGE COUNTY, CALIFORNIA. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 2, 2004 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the June 14, 2004 Planning Commission meetings; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is :authorized by Anaheim Municipal Code Section Nos. 18.48.020.050.0505 and 18.48.070:050.0511 to permit office uses in an existing legal nonconforming industrial building to include 55,176 square feet of office uses for the Department of Immigration and Naturalization Services in addition to retaining 12,664 square feet of storage/warehouse area with waiver of the following: (a) SECTION NOS. 18.06.050.020.0212 Minimum Number of Required Parking spaces And 18.06.050.030.031 (240 spaces required; 232 spaces proposed) 2. That the proposed use is located in the C-R District (Development Area 1) of the Anaheim Resort Specific Plan No. 92-2. 3. That the petitioner submitted a Parking Study prepared by Traffic Safety Engineers dated June 3, 2004 to substantiate the requested waiver, and that the Traffic and Transportation Manager has reviewed and approved the Parking Study and concurred with the conclusion that 232 on-site parking spaces are sufficient to meet the needs of this specific proposal. 4. That the variance, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonable foreseeable conditions of operation of such use. Cr\PC2004-0 -1- PC2004- Since the approved parking study indicates that the peak parking demand for the full office use of :the building is projected to be 154 spaces, which is lower than the 232 proposed .parking spaces. Therefore, the project 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. 5. 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 the approved Parking Study indicates that the proposed project will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed project as the existing parking lot will be able to accommodate the proposed office parking demands (the peak parking demand for the site is 154 spaces, which is lower than the 232 parking spaces proposed). Further, on-street parking is not permitted on Manchester Avenue the public street adjacent to the subject property. 6. That the waiver, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use.. The approved Parking Study indicates that the proposed project will not cause any demand for parking on private property in the vicinity of the proposed use as the subject site has an ingress and egress easement with the property to the north. Furthermore, there is no reason to encroach in other parking facilities because the peak parking demand of 154 parking spaces is lower than the 232 parking spaces proposed. 7. That the waiver, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for such use. The approved Parking Study indicates that traffic congestion will not occur within the off-street parking areas, as the existing spaces would more than accommodate the projected peak parking demand of 154 parking spaces. Further, a shared driveway from Manchester Avenue currently serves the existing building and the adjacent property to the north. 8. 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 project as the subject site has an ingress and egress easement with the property to the north. Furthermore, there is no reason to encroach into other parking facilities because the parking lot provides ample parking as indicated in the parking analysis. 9. That, as conditioned herein, the proposed office use in a legal non-conforming industrial building will not adversely affect any adjoining land uses or the growth and development of the surrounding area. 10. That the size and shape of the property is adequate to allow full development of the proposed use, including approval of the waivers, in a manner which is not detrimental to the particular area nor to the peace, health, safety, and general welfare of the surrounding area or citizens of the City of Anaheim. 11. That'** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit office uses in an existing legal nonconforming industrial btilding for the Department of Immigration and Naturalization Services with waiver of the minimum number of parking spaces on arectangular-shaped 4.3-acre parcel and does hereby find that a Mitigated Negative Declaration is adequate tp serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independentjudgment of the lead agency and that it has considered the Mitigated'Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study that there is no substantial evidence, with the imposition of mitigation measures contained in Mitigation Monitoring Plan No. 066 and the recommended conditions of approval, 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 -2- PC2004- 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 the property owner/developer shall be responsible for compliance with all of the mitigation measures set forth in .Mitigation Monitoring Plan No. 066 for this project which incorporates those mitigation measures included in the Anaheim Resort Mitigation Monitoring Program No. 0085 that are applicable to the project, and for complying with the monitoring and reporting requirements established by the City in compliance with Section 21081.6 of the Public Resources Code. Furthermore, the property owner/developer shall be responsible for any direct costs associated with the monitoring and reporting requirements to ensure implementation of those mitgation;measures identified in Mitigation Monitoring Plan No. 066, which is made a part of these conditions of approval by reference. 2. That all uses shall be conducted indoors, with no outdoor areas used as waiting areas and that the parking lot shall only be used for parking and circulation, not uses related to the offices. 3. That Conditional Use Permit No. 2004-04848 shall expire (15) years from the date of this resolution, on June 14, 2019. 4. That there shall be a security guard provided on-site during the hours of operation of the INS facility. 5. That a covenant shall be recorded on the subject property limiting the use of the building for INS office uses for a period up to fifteen years. Any other proposed use of the building for another type of office use shall be subject to the approval of a separate Conditional Use Permit. The covenant shall be reviewed and approved by the City Attorney's Office and shall be recorded in the Office of the Orange County Recorder, a copy of which shall be submitted to the Planning Department. 6. That the applicant shall submit a street improvement plan to the Public Works Department, Development Services Division to construct asix-foot wide sidewalk (no trees, no parkway) between the existing curb and right-of-way along Manchester Avenue. No additional :right-of-way dedication is required. A bond shall be posted in an amount approved by the City Engineer and a form approved by the City Attorney prior to issuance of a building permit. A Right of Way Construction Permit shall be obtained from the Development Services Division for all work performed in the right-of-way. The improvements shall be constructed prior to first final building and zoning inspection or commencement of the use whichever occurs first. That prior to final building and zoning inspections, a licensed landscape architect shall provide a letter to the Planning Department certifying that all landscaping and irrigation systems have been installed in accordance with landscaping plans approved in connection with Conditional Use Permit No. 2004- 04848. 8. That sweeping operations in the parking lot shall be performed utilizing sweeping/scrubbing equipment which operate at a level measured not greater than 60dBA at the nearest property line. project operation, the property owner/developer shall be responsible far the . _ :graffiti within 24 hours of its application. 10. That adequate lighting of parking lots, shipping and receiving areas, driveways, circulation areas, aisles, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property and vehicles onsite. All proposed surface parking area lighting fixtures shall be down-lighted and all lighting fixtures shall be shielded to direct lighting toward the area to be illuminated and away from adjacent hotel property lines. Such information shall be specifically shown on the plans submitted for building permits. 11. That a comprehensive security alarm system shall be provided for the perimeter building and access route area. -3- PC2004- 12. That the property shall pay any required fees for electrical service change or upgrade. 13. That any required relocation of City Electrical Facilities would be at the property owner/developer expense. Landscape screening of all pad-mounted equipment shall be provided outside the easement .area of the equipment. 14. That trash storage areas shall be provided and maintained as indicated on the plans for Conditional Use Permit No. 2004-04848 and in accordance with approved plans on file with said Streets and Sanitation Department. Such information shall be specifically shown on the plans submitted for building permits. 15. That the building shall be equipped with an alarm system (silent or audible). 16. That aBurglary/Robbery Alarm permit application, Form APD 516 shall be obtained from the Police Department. 17. That address numbers (a minimum height of 12 inches) as to be readily readable from the street shall be provided. The numbers should be illuminated during hours of darkness. 18. That rooftop address numbers a minimum of 4 feet in height and 2 feet in width with the line of the numbers a minimum of 6 inches thick with numbers spaced 12 inches to 18 inches apart shall be provided. The numbers should face the street to which the structure is addressed. 19. That the building shall have clearly marked doors with numbers corresponding to the alarm zones, if any. 20. That all exterior doors shall have adequate security hardware (i.e., deadbolt locks). 21. That all overhead roll-up doors shall be secured on the inside so that the lock cannot be defeated from the outside and shall be secured with a cylinder lock or padlock from the inside. 22. A knox box shall be installed at hatchway on the roof to allow Police/Fire access to the interior of the complex. 23. Signs and the building address shall be well lighted during hours of darkness. 24. That all exterior doors shall have their own Tight source which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on pr about the premises and provide adequate illumination for persons exiting the building. 25. That prior to final building and zoning inspections, a separate water meter shall be installed for landscaping on all projects where the landscape area exceeds 2,500 square feet in accordance with Ordinance No. 5349. 26. That fire hydrants (including the existing fire hydrant that will need to be moved with the installation of the 6-foot wide sidewalk) shall meet minimum Fire Department Specifications and Requirements for spacing, distance to structure and available fire flow. 27. That all requests for new water service or fire lines, as well as any modifications, relocations, or abandonments of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities Department. 28. That all existing water services and fire lines shall conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The ownerldeveloper shall be responsible for the costs to upgrade or to abandon any water service or fire line. -4- PC2004- 29. That prior to application for water meters, fire line or submitting the water improvement plans for approval, the property owner/developer shall submit to the Public Utilities Water Engineering an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. 30. That all existing walls, chain link fences and trash enclosure walls shall be planted with vines to reduce graffiti opportunities. 31. That landscaping shall be of the type and situated in locations to maximize security observation while :providing the desired degree of aesthetics. Security planting materials are encouraged along fence and property lines and under vulnerable windows. 32. That all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback area in a manner fully screened from all public streets by landscaping. Said information shall be specifically shown on plans and approved by Water Engineering, Cross Connection Control Inspector and Planning Department before submittal for Building Permits. 33. That No Trespassing 602Q) P.C. shall be posted at the entrance of the parking lot (outside of any required setback area) and located in other appropriate places. Signs must be at least 2' X 1' in overall size, with white background and black 2" lettering. 34. That the entrance to the parking lot shall be posted with appropriate signs per 22658(a) C.V.C. (outside of any required setback area), to assist in removal of vehicles at the property owners/managers request. 35. That all parking lots shall .include controlled access points to limit ingress and egress, 36. That gates shall not be installed acrpss any driveway in a manner, which may adversely affect vehicular traffic on the adjacent public street. Installation of any gates shall conform to the Engineering standard Pion No. 609 and shall be subject to the review and approval of the City Traffic and Transportation Manager prior to issuance of a building permit. 37. That all lockable pedestrian and/or vehicular access gates shall be equipped with "knock box" devices as required and approved by the Fire Department. 38. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval in conformance with the current version of Engineering Standard Plans Nos. 436, and 601/602 pertaining to parking standards and driveway location. Subject property shall thereupon be developed and maintained in conformance with said plans. 39. That due to the change in use and/or occupancy of the building, plans shall be submitted to the Building Division showing compliance 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. The appropriate permits shall be obtained for any necessary work. 40. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the Petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 4 and as conditioned herein. 41. That within one (1) year from the date of this decision or prior to issuance of a building permit, whichever occurs first, Conditions Nos. 5, 6, and 41 above-mentioned shall be complied with.. -5- PC2004- Extensions for further time to complete said conditions may be granted in accordance with Section 18.030.090 of the Anaheim Municipal Code. 42. That prior to issuance of a building permit or commencement of the activity authorized by this resolution, Condition Nos. 1, 5, 6, 10, 11, 14, 15, 17, 18, 20, 22, 34, 35, 38 and 39, 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. 43. That prior to final building and zoning inspections Condition Nos. 6, 7, 16, 25, 26, 30, 34, and 37; above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 44, That on-going during operation of the Department of Immigration and Naturalization Services facility Condition Nos. 2, 4, 8 and 9 shall be complied with. 45. That the granting of the parking waiver shall be contingent upon operation of such use in conformance with the assumptions relating to the operation and intensity of the use as contained in the parking demand study that formed the basis for approval of said variance. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions as contained in the parking demand study shall be deemed a violation of the express conditions imposed upon said variance which shall subject said variance to termination or modification pursuant to the provisions of Section Nos. 18:03.091 and 18.03.092 of the Anaheim Municipal Code. 46. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim 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 June 14, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.03, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be .replaced by a City Council Resolution in the event of an appeal CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) -6- PC20D4- I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on June 14, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2004. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -7- PC2004- ITEM N0. _4 lRes o9SERY Ll NuRn1 Sr fi259 ~°.., ~ Gm N FGl up gg42 ~O b, ~ G 3195 OM O ~~' uP G rn M\ 8~ ~NE S PPRK ~~ ~o' RG C NSPb2 69199 ALL PROPERTIES ARE IN THE REDEVELOPMENT PROJECT ALPHA (NORTHEAST AREA) ~ 2j55 Conditional Use Permit No. 2001-04399 ~ , `< Subject Property TRACKING NO. CUP2004-04850 Date: June 2, 2004 Scale: 1" = 200' Requested By: WALTER SHOOK Q.S. No. 131 REQUEST TO PERMIT AN AUTOMOBILE SALES AUCTION IN CONJUNCTION WITH AN EXISTING AUTO BODY AND TOWING FACILITY. 2920 East La Jolla Street 7349 Staff Report to the Planning Commission June 14, 2004 Item No. 4 r 4a. CEQA CATEGORICAL EXEMPTION -CLASS 1 4b. ' CONDITIONAGUSEPERMITNOe2001-04399 (Motion forcontinuarice) (TRACKING NO. CUP2004-04850) SITE LOCATION AND DESCRIPTION: (1) This rectangularly shaped, 1.12-acre parcel has a frontage of 156 bn the south side of La Jolla Street, a',maximum depth of 314 feet and is located 194 feet: west of the centerline of Red Gum Street (2920 East La Jolla Street).,! :REQUEST`.: (2) The petitioner requests a approval'of a conditional use permit to permit an automobile sales auction`in conjunction with en existing auto body and towing facility under authority of Cdde Section?18.110:050.0547. '' BACKGROUND: (3) This propertyis developed with an existing industrial building and is zoned SP94-1; DA'1 (Northeast Area Specific Plan; Industrial Area). The property is also located within the Project Alpha (Northeast IndustriatArea) Redevelopment Area The Anaheim General'. Plah Land Use ElemenfMap designates this'property for General lndustriaf land uses. r (4) Conditional Use PermitNo. 2001-04399 (to permit an automotive Yepair (auto body) and towing facility;with vehicle impounding with awaiver of minimum number of parking spaces) was'approved by the Commission on August i3, 2001. (5) Conditional Use Permit No. 2056 (to retain a contractor's storage yard) was approved by the: Planning'Commission on March 24, 1980. Subsequently, thePlanning;Commissidn approved the deletion of a condition of approval (pertaining to paving the lot): on November 17 1980 following a motion to initiate termination proceedings. The business is nd longer in operation. 'Staff recommends that this permit be terminated. (6) This item was continued from the June 2, 2004, Planning Commission meeting to allow additional time to submit revised plans. That the petitidner has requested an additional two-week continuance td the Juhe 28, 2004 meeting in order to resolve compliance issues with the original conditional use permit. RECOMMENDATION: (7) That the Planning Commission, by motion, continue this item to the June 28; 2004, meeting as requested: by the petitioner. sr8738gk.doc Page 1 1 Item No. S ~_ LUp A]A5 VP0.1j5 m "\' o~ F VPR \5Bt ~ m A Ao I ; 9~ VA0. \U5o ML ML '[\\ ML w TH PVE M~ 4gfi0 V PF•V p0.q BUhp\NG \NOUSTPV`t RID ~0 hH a $d00 +9 Reclassification No. 2004-00124 n p,^ yI~ PM.d200 ^b sM Requested By: ANAHEIM REDEVELOPMENT AGENCY m -b' / P~~yylb Subject Property Date: June 14, 2004 Scale: Graphic Q.S. No. 84 / 94 CITY-INITIATED (COMMUNITY DEVELOPMENT DEPARTMENT) REQUEST FOR RECLASSIFICATION OF THE PROPERTIES FROM THE ML (LIMITED INDUSTRIAL) ZONE TO THE RM-3 AND RM-4 (RESIDENTIAL, MULTIPLE-FAMILY) ZONES OR LESS INTENSE ZONES. o` m 1 A Me \5 VP~P~ cCH F,y!£ro M; pggso VPP 20F 4244 Mp p\PM 1.\L \N AF\P ML PHPNF p0.E~' D 516 Eas[ Santa Ana Street, 500-554 South Atchison Street, and 525-711 East South Street ts~t(zooa-s-3) Item No. 5 l Staff Report to the Planning Commission June 14, 2004 `` Item No. 5 + 5a. CEQA NEGATIVE DECLARATION (Motion) 5b. RECLASSIFICATION NO 2004-00124 (Resolution) SITE LOCATION AND DESCRIPTION: (1) Portion A: This 10.7-acre area is located at the southeast corner of Santa Ana Street and Olive Street with frontages of 970 feet on the'south side'of Santa Ana Street and 480 feet - on the east side of Olive`Street (576 East Santa Ana Street and 501 - 547 South Atchison Street - Kwikset site). Portion B: This 10.3-acre area has frontages of 150 feet on the south side of Santa Ana :Street and 340 Feet on the east side of Olive'Street and a maximum depth df'1,120 feet (500 - 558 South Atchison Street).!. Portion C: This 10.3-acre area has frontages of 150 feet on the north side of South Street antl340 feet on the easfside of Olive Streetiand a maximum depth of 1,120 feet (610 South Olive Street and 711 East South Street). Portion D: This 9.8-acre area is located at the northeast corner of South Sheet and Olive Street with frontages of :440 feet on the east side of Olive Street acid 970 feet on the north side of South Street (525 East South Street). REQUEST: (2) This is aCity-initiated (Community Development Department) request for approval of a` reclassification of these properties'as followst (a) ` Portion A-from ML (Limited lndustrial)'to RM-3 (Residential, Multiple-Family-2400) zone orless intense zone. (b) ; Portion B -from ML (Limited Industrial)'to RM-4 (Residential, Multiple-Family-1200) zone orless intense zone. (c) ,! Portion C -from ML (Limited Industrial) to RM-4 (Residential, Multiple-Family-1200) zone or ess intense zone. (d) `, Portion D -from ML (Limited Industrial) to RM-3"(Residential, Multiple-Family-2400) zone ar less intense zone. BACKGROUND: 1 (3) These properties are currently zoned ML (Limited Industrial) and are designated for General Industrial Land'Uses by fie Anaheim General Plan Land'Use Element Map. The City-wide General Plan'Update designates these properties for Residential Low-Medium, Residential-Medium, and Open Space-Parkslland uses;. These properties are further ' designated as Housing Opportunity sites in the City's adopted Hoiising Element and are also located within the Commercial Industrial (South Central) Redevelopment Project Area and'are currently developed with various intlustrial uses. (4) The existing and proposed General Plan Land Use Element Map designations for i surrounding properties are as follows: sr2151 ds 'Page 1 Staff Report to the Planning Commission June 14, 2004 jtem No 5 Direction Existing General Plan General Plan Update Designation North across Santa Ana Street General'Industrial ` Residential-Low Density Medium Density Residential Residential=Medium Density East across the ATSF Railroad General7ndustrial Residential-Medium Density South across South Street Low-Medium Density; Residential-Mediumbensity Residential, ` Residential-Low Dehsity General,lndustrial, School Site Elementary;School Site West across Olive Street 'Low-Medium Density' Residential-Low Medium Density:.: Residential Residential-Lowbensity (5) On March 8, 2004, the Planning'Commission approved the initiation of reclassification `proceedings to rezone a 40-acre area within the existing industrial area south of Downtown Anaheim frdm the ML zone to the RM-3 and RM-4 zones, or less intensezones. (6) On May 25;:2004, the; City Council approved the General Plan and Zoning Code Uptlate subsequent to the Commission's April 19,;2004 recommendation for appioval. The ' mandatory'referendum period for the General Plan update ends on June'24, 2004. The atloption of he ordinance updating the Zoning Codetoccurred on June 8;2004, and': becomes effective on'July 8, 2004. DISCUSSION: (7) This reclassification request to rezone the properties. from the ML zone td the RM-3 and RM-4 zones would be consistent with the Land use designations of Residential-Medium and Residential=Low Medium of the'General Plan Update: This reclassification would permit the development of an apartment compleXor single family detached homes by right (subject td compliance with development standards of the RS-4 zone), or;single-family `attached domes with'a conditional use permit. Approval of a tentative tract map would also tie neededi to subdivide the properties with: either attached condominiums:ordetoched 'single-family homes. This reclassification.would be consistentwith the multi-family (RM- 1200) zoning of the properties to the north'and the single family (RS-5000) zoning. to the west and the current Medium Density Residential and Low-Medium Density Residential land use designation of these areas. (8) The attached memorandum from the Community DevelopmenkDepartment dated April 27, :'.2004, indicates a reclassification is being requested from the ML Zone tothe RM-3'and RM-4 zones to allow the development of an "affordable" multiple-family residential housing project at a density of up to 36'dwelling units to the acre. The Redevelopment Agency is currently in negotiations with several housing developers to build a comtiinaticn for-sale and rental multiple-family housing project on a portion of the site, a percentage of which would be designated as "affordable" units 6y agreement with the Community Development Department. (9) The requested reclassification would facilitate the replacement of incompatible blighted 'industrial prdperties with new residential development in an area containing other Page 2' l Staff Report td the Planning Commission June 14 2004 Item No. 5 residential uses. The Redevelopment Agency has invested in new infrastructure, new housing developments,. historic preservation projects, and urban office and commercial developments' in the Downtown area. The proposed RM 3 and RM-4 zoning'classificatbns focthis area would complement aril supportShe existing and proposed development m the Downtown area, the goals and objectives of the Commeraal Industrial (Soutfi Central) Redevelopment Project Area, and'bngoing City programs identified in Anaheim's Hdiising Element. Community Developmerit Department staff has been working closely with the` - developers onlspecific site design.issues and`architectu~al plans which would be presented to the Commission at a`later date. (10) Commission should note hat the proposed RM-3 and RM-4 zoning would permit the construction of residential units in close proximity to existing railroad tracks.' Prior to thi issuance of building permits for any units proposed to be built within this proximity, the developer would need to'submit a'sound study and obtain Commission approval of a waiver of City Council Policy Nof 542 pertaining to Sountl Attenuation in Residential Projects, which requires a minimum separation of 100 feet from a habitable residential structure to a railroad track. (11) The;project site contains'parcels identfied ass portion of Site Nd: P5 of the Central Anaheim Area within the Housing Element with a density range of up to 45 units per acre. Based on this density, the subject 41-acre site could accommodate a maximum of 1;845 units. Thus, the proposed reclassification from an industrial to multi-family residential zoning would result in an increase ih the City's housing stock and would be cbnsistentwith the Housing Element, The Community DevelopmenCDepartment is currently in escrow on Portions A and B of the'site. ENVIRONMENTALIMPACTANALYSIS: '` (12) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review in the Planning: Department). Based on City staff review of the proposed project, it has been determined that the Recommended Land Use Alternative coritamed in the General Plan Update approved by the City Council on May 25, 2004, anticipates the change in the land`use designation to Medium Density Residential and'that the associated analysis contained in the EIR for the Update would adiiress any necessary'changes to area infrastructure. `Therefore, staff recommends that a Negative Declaration be approved upon a finding by the Commission that the declaration reflects the independenfjiidgment of the lead'agency; and that it fias considered the proposed Negative Declaration ogether with any comments Yeceived'during the public review process and further finding;dn the basis of the'Initial Study and any comments received that there is no substantial evidence that tFie project will have a sigrtiftcant effectcn the environment. GROWTH MANAGEMENT ELEMENT ANALYSIS: (13) The proposed project has been reviewed by affected City departments to determine whether it conforms with the City's Growth Mahagemenf Element adopted by the City Council on March 17, 1992. Based`on City staff review'of the proposed project, it hasbeen determined that the Recommendedland Usr Alternative contained in the pending General PlariUpdate approved by the City Council onfMay 25,.`2004, anticipates the'change m the landuse designation tb Medium Density Residential and'that the associated: analysis ' contained in the EIR for the Update Would atldress any necessary: changes to area infrastructure. Page 3 _ ~ ..mo e -_ o m~e Staff Report o the Planning Commission.- June 14, 2004 Item No 5 1 RECOMMENDATION: (14) Staff recommends that, unless additional or contrary .information is received during the meeting, and based upon the evidence submitted tdithe Commission including the ' evidence presented in this staff(~eport, and:oral and written evidence presented at;fie public hearing, the Commission aoprove the petitioner's request by adopting the attached resolution for Reclassification No. 2004-00.124 including the findings and conditions contained therein. Page 4 ..eO m -- - ~e o _~ s [DRAFT] RESOLUTION NO. PC2004-"" A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 2004-00124 BE GRANTED - -- (516 EAST SANTA ANA STREET, 501 - 547 SOUTH ATCHiSON STREET, 500 - 558 SOUTH ATCHISON STREET, 610 SOUTH OLIVE STREET, AND 711 EAST SOUTH STREET, AND 525 EAST SOUTH STREET) WHEREAS, the Anaheim City Planning Commission did receive a verified petition for Reclassification for real property situated in the City of Anaheim, County of Orange, State of California, described as follows:3 PORTION A: THAT CERTAIN LAND IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING PORTIONS OF THEODORE REISER'S SUBDIVISION AND THE RESUBDIVISION OF THEODORE REISER'S SUBDIVISION AS PER MAPS FILED IN BOOK 2 PAGE 86, RECORDS OF LOS ANGELES COUNTY AND IN BOOK 1 PAGES 10 AND 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, RESPECTIVELY,'DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SANTA ANA STREET AND THE EASTERLY LINE OF OLIVE STREET; THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO A LINE PARALLEL WITH AND 480 FEET SOUTHERLY OF SAID SOUTHERLY LINE; THENCE EASTERLY ALONG SAID PARALLEL LINE TO THE CENTERLINE OF ATCHISON STREET; THENCE NORTHERLY ALONG SAID CENTERLINE TO SAID SOUTHERLY LINE OF SANTA ANA STREET; THENCE WESTERLY ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING. PORTION B: THAT CERTAIN LAND IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING PORTIONS OF THEODORE REISER'S SUBDIVISION, THE RESUBDIVISION OF THEODORE REISER'S SUBDIVISION, AND VINEYARD LOT H-2 OF ANAHEIM AS PER MAPS FILED IN BOOK 2 PAGE 86, RECORDS OF LOS ANGELES COUNTY, IN BOOK 1 PAGES 10 AND 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, AND IN BOOK 4 PAGES 629 AND 630 OF DEEDS IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, RESPECTIVELY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SANTA ANA STREET AND THE WESTERLY LINE OF THE ATCHISON TOPEKA & SANTA FE RAILROAD RIGHT OF WAY; THENCE SOUTHERLY ALONG SAID WESTERLY LINE TO ALINE 820 FEET SOUTHERLY OF SAID SOUTHERLY LINE OF SANTA ANA STREET; THENCE WESTERLY ALONG SAID PARALLEL LINE TO THE EASTERLY LINE OF OLIVE STREET; THENCE NORTHERLY ALONG SAID EASTERLY LINE TO A LINE PARALLEL WITH AND 480 FEET SOUTHERLY OF SAID SOUTHERLY LINE OF SANTA ANA STREET; THENCE EASTERLY ALONG SAID PARALLEL LINE TO THE CENTERLINE OF ATCHISON STREET;. THENCE NORTHERLY ALONG SAID CENTERLINE TO SAID SOUTHERLY LINE OF SANTA ANA STREET; THENCE EASTERLY ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING. PORTION C: THAT CERTAIN LAND IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING PORTIONS OF THEODORE REISER'S SUBDIVISION, THE RESUBDIVISION OF THEODORE REISER'S SUBDIVISION, AND VINEYARD LOT H-2 OF ANAHEIM AS PER MAPS FILED IN BOOK 2 PAGE 86, RECORDS OF LOS ANGELES COUNTY, IN BOOK 1 PAGES 10 AND 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, AND IN BOOK 4 PAGES 629 AND 630 OF DEEDS IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, RESPECTIVELY, DESCRIBED AS FOLLOWS: CR\PC2004-053 -1- PC2004-53 BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF SOUTH STREET .AND THE WESTERLY LINE OF THE ATCHISON TOPEKA 8 SANTA FE RAILROAD RIGHT OF WAY; THENCE NORTHERLY ALONG SAID WESTERLY LINE TO A LINE,820 FEET SOUTHERLY OF THE SOUTHERLY LINE OF SANTA ANA STREET, THENCE WESTERLY ALONG SAID PARALLEL LINE TO THE EASTERLY LINE OF OLIVE STREET; THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO A LINE PARALLEL WITH AND 440 FEET NORTHERLY OF SAID NORTHERLY LINE OF SOUTH STREET; THENCE EASTERLY ALONG SAID NORTHERLY LINE TO A LINE PARALLEL WITH AND 150 FEET WESTERLY OF THE WESTERLY LINE OF THE ATCHISON TOPEKA 8 SANTA FE RAILROAD RIGHT OF WAY; THENCE SOUTHERLY ALONG SAID PARALLEL LINE TO SAID NORTHERLY LINE OF SOUTH STREET; THENCE EASTERLY ALONG SAID NORTHERLY LINE TO THE POINT OF BEGINNING. PORTION D: THAT CERTAIN LAND IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF VINEYARD LOT H-2 OF ANAHEIM, AS PER MAP RECORDED IN BOOK 4 PAGES 629 AND 630 OF DEEDS IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF SOUTH STREET AND THE EASTERLY LINE OF OLIVE STREET; THENCE NORTHERLY ALONG SAID EASTERLY LINE TO A LINE PARALLEL WITH AND 440 FEET NORTHERLY OF SAID NORTHERLY LINE; THENCE EASTERLY ALONG SAID PARALLEL LINE TO A LINE PARALLEL WITH AND 150 FEET WESTERLY OF THE WESTERLY LINE OF THE. ATCHISCN TOPEKA 8 SANTA FE RAILROAD RIGHT OF WAY; THENCE SOUTHERLY ALONG SAID PARALLEL LINE TO SAID .NORTHERLY LINE OF SOUTH STREET; THENCE WESTERLY ALONG SAID NORTHERLY LINE TO THE POINT OF BEGINNING. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 14, 2004, at 1:30 p.m., notice of said public hearing having been duly given as required bylaw 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 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 petitioner proposes reclassification of the properties from the ML (Limited Industrial) zone to the RM-3 and RM-4 (Residential, Multiple-Family) zones, or less intense zones. 2. That the General Plan Update designates subject properties for Residential-Medium and Residential-Low Medium land uses and said reclassification would implement zones consistent with these land use designations. And further that these properties are identified in the City's adopted Housing 'Element as Housing Opportunity Sites. 3. That the proposed reclassification of the properties is necessary to allow for the orderly and proper development of the community as proposed with multi-family housing. 4. That the proposed reclassification of the properties properly relates to the zones and their permitted uses locally established in close proximity to the properties and to the zones and their permitted uses generally established throughout the community as surrounding properties are zoned RM-1200 and RS-5000. -2- PC2004-53 5. That ** indicated their presence at said public hearing in opposition; and that *' correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Staff has reviewed the proposal .and the Initial Study (a copy of which is available for review in the Planning Department). Based on City staff review of the proposed project, it has been determined that the Recommended Land Use Alternative contained in the pending General Plan 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. Therefore, staff recommends that a Negative Declaration be approved upon a finding by the Commission that the declaration reflects the independent judgment of the lead agency; and that it has considered the proposed Negative Declaration together with any comments received during the public review process and further finding on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment, NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of the City of Anaheim to exclude the above-described property from the ML zone and to incorporate said described properties into the RM-3 and RM-4 zones upon the Following conditions which are hereby found to be a necessary prerequisite to the reclassification of subject properties in order to preserve the safety and general welfare of the citizens of the City of Anaheim: That prior to introduction of an ordinance rezoning the properties, General Plan Amendment No. 2004-00419 redesignating the properties to Residential-Medium and Residential Low-Medium designations shall have become effective. 2. That prior to introduction of an ordinance rezoning the properties, a preliminary title report shall be furnished to the Zoning Division showing the legal vesting of title, a legal description .and containing a map of the property. That prior to placement of an ordinance rezoning the properties on an agenda for City Council consideration, Condition Nos. 1 and 2above-mentioned, shall be completed. The City Council may approve or disapprove a zoning ordinance at its discretion. If the ordinance is disapproved, the procedure set forth in Anaheim Municipal Code Section 18.03.085 shall apply. The provisions or rights granted by this resolution shall become null and void by action of the Planning Commission unless said conditions are completed within 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 to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject property; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole discretion. -3_ PC2004-53 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 14, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.03, "Zoning Provisions - General" of the Anaheim Municipal Cade pertaining to appeal procedures and maybe replaced by a City Council Resolution in the event of an appeal. "'" "" CHAIRPERSON, ANAHEIM CITY PLANNING COMMISS ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission. do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on June 14, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2004. SENIOR SECRETARY. ANAHEIM CITY PLANNING COMMISSION -4- PC2004-53 l ATTACHMENT - ITEM N0. 5 MEMORANDUM City of Anaheim Community Development Department DATE: April 27, 2004 TO: Sheri Vander Dussen, Planning Director FROM: ~~~sa Stipkovich, Community Development Director SUBJECT: DJJOWNTOWN RECLASSIFICATION The Community Development Department ("Department") is requesting that a reclassification be initiated to facilitate the future residential development of the area bounded by Santa Ana Street, South Street, Olive Street and the railroad. The City Planning Commission has recommended approval to the City Council of a multiple family residential land use designation for this area. The proposed reclassification would implement zoning consistent with the new residential land use designation. In addition, the adopted Anaheim Housing Element identifies this area as a housing opportunity site. The State of California has approved the City of Anaheim's Housing Element contingent on the City redesignating sites, which includes this area, with appropriate densities to create affordable housing opportunities in the community. The Department is implementing an acquisition and development program for the area and has acquired, is in escrow or is negotiating the acquisition of approximately 20 acres, known as the Kwikset Site. This site will be developed. with for-sale and rental housing creating 350 housing units, a percentage being affordable. Staff is currently working with developers to prepare preliminary site plans that will integrate the for-sale and rental projects on this 20 acre site. These draft site plans will be reviewed with the Planning Commission, Anaheim Redevelopment Agency, Housing and Community Development Commission, city departments and residents in the community for input and discussion prior to submittal of a formal application for land use entitlements. Should you have any questions please contact me at extension 4332. Thank you Attachment FtG~ j~Q, 2004 P 0 0 1 2 4 F1000SWOMIMM[MOSV.1AAti1'_3A.000 ~ - ~' ITEM N0. 6 w DFt~.,_ w ~ 1-~RG R~ C GUP 3g31 HO'Ptji C~ ~q38~ 6015490 3 UP 3549 N o GUP~~3l nc VPR3g58 ~ " \ WEP~ERpt- o 1. 1G105P S Pi Y5 G UP357 g aC` fi~ ~, 23 OFD GE9 RG53-54.10 ~l _.~~ 11 RG~ ~ DU RR~~ 5 55E 4 OFF~C G gU11-p1N r G` 54 55.41 '-O R VPR 38 1GEG OFF g1j1`oN AVENUE GL\Fjp258 ;, :.;`x19495 72,.~~ ~~ 10 ~C 54 55-4\\1 VAR 12038 VPR 36y 6pU 6DU 6pU 8 pl 8 pU 8 pU 6pU GUFTpN P~ RM-1264-47 RGt. 52.53.11 RGGUP 4ENT5 PPP 56 DU ~~ a ",. ~" G~- lRa~jp 2~ A479t j.G p 2003 3.11 °. GUP 1 ~ A455 4 GU GAF 2~bp 617 . , € Z 53-{ 0 Gl CGRUU~t?q Z ::, 4pUP 2001-04: RRG` p0 '04{1 02 GU? ZOOt.( Z B4 95.10 G P 2003- 47 . i RCL 59.60'9 ~ G~ G C RCU 62- 43pg05t '~J ETA CUP20 p3~479gg9 p57 ::r0 GUP 2002 p455 AAU53-11 t ~ ~~ PCt CUPC 0 37 4 Gl ~~ .04702 O r vpR 21b 4 ~ G PUP 3001 „ 0464,33 O ~ 1 m CUP zpp1,: 3 4 ~UPtp1y. MO C 0 FyCl 50 54 RGl53~t49 ~ g0-4 C,U 9 RDL 6253-04051 ~ ER DEAL RE TPURY 7 m s PP ~ S-CUP20p 4A 77g2 '' ;:. 559 ~ ' 8 0 U ~ ,. GUp „ i 0 204 '; ; GUP JP 25p CL Q , , G 9 PO DOB p4411~ RCL 60-61.96 R 0 ICU~IV PR 5451 „ T( > CUP 2664 6.5.8 G1 ~ SHOE i- `! 7-11 ~- 245' -®{ CO ~'^ RCL F N ~ m Sao 7-66-2 RS-7200 W o~ cL ~Q~ P 96 1 DU EACH ~ 0 VAR 2413 ,~ 1 DU f- 0 o¢ o n N C_ o ~~ OOW JO.' I 1 I - ~ W BALL ROAD RGt- 8 5 56-19 ~ RGGUP~229 ~ m V.16~OOGE A McPEEK G 52-534 1 RGU N A CAREER GP~IF~GHp0~5 ~ RG1.5NTECNN~GP~ ~ BROWN SGHGDL U O J C) ~ ~ n ML RCL 52-53-11 = JN ~ ~ VAR 2993 U gin a ¢ BELL PIPE ~ J ~ °~ COMPANY ~U ML RCL 2000-00023 RCL 66-67-1 rRes. of lnt. to RCL 5455-4 SABC Overlay Zone) RCL 55-56-1 CUP 777 \ \ McPEEK DOD Conditional Use Permit No. 2003-04791 Subject Property TRACKING NO. CUP2004-04851 Date: June 14, 2004 Scale: Graphic Requested By: ANAHEIM CROSSINGS, LLC Q.S. No. 85 ATTN: LEEDY YING REQUEST TO AMEND A CONDITION OF APPROVAL AND AMEND EXHIBITS TO SUBDIVIDE A PREVIOUSLY-APPROVED TENANT SPACE INTO TWO TENANT SPACES WITHIN A PREVIOUSLY-APPROVED COMMERCIAL RETAIL CENTER 1126 South Anaheim Boulevard 1368 Staff Report to the Planning Commission June 14,'2004 item No. 6 6a. CEQA CATEGORICAL EXEMPTION -CLASS 3 (Motion) 6b `CONDITIONAL USEPERMIT N0. 2003=04791 (Resolution) (TRACKINGNO. CUP 2004.04851) S' SITE LOCATION ANDbESCRIPTION: (1) This ircegularly-shaped 3.4-acre site consists of five properties and is located of the northeast corner of Anaheim Boulevard and Ball Road, having frontages of 258fieet on the south side of Clifton Avenue, 550 feeYon the east side of Anaheim Boulevard, and 245 feet on the north side'of Ball Roatl (1126 South Anaheim Boulevard), REQUEST'. i (2) The petitioner requests to amend a condition of approval and amend'exhibits to subdivide a previously-approved tenant space into two tenant spaces (for a total'of four) within a previously-approved commercial retail center uritler authority of Code Section 18.03.092. BACKGROUND: (3) This site is developed with two buildings (one building occupied by Shoe City and one buildirg occupietl by Hahm Motorsports) and is zoned CL (SABC) (Commercial, Limited; South Anaheim Boulevard;Corndor Overlay). Ttte 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,: (4) Conditional Use Permit No. 2003-04791 (to establish a commercial7etail center with the addition of a third retail tenant space'to an existing commercial building) was approved'by the Planning Commission on November 17, 2003. Resolution No. PC2003-154 adopted` in conjunction with Conditional Use Permit No. 2003-04791 contains the following condition:. "29. That the number of tenant spaces for this'commercial retail center shall tie limited tb three (3). Said information shall be specifically shown on plays submittetl for building ;permits. 34. That subject property shall be developed substantially in accordance with plans and. .`specifications submitted to the City of Anaheim by the Petitioner and which plans are on file with the Planning Department marked Revision No. 1 to Exhibit No. 1, Revision No.1 to Exhibit No. 2 Exhibit Nds. 3 andA, and as conditioned herein:' DISCUSSION: (5) The petitioner requests an amendment to the above-referenced condition and to exhibits to allow for the addition of a fourth tenant space to a commercial retail center previously approved for three (3) tenant spaces The petitioner has indicated to staff that the additional tenant space would allow more flexibility in securing poteritial tenants, including. the possibility of fast food/ take out restaurants. Sr5098jr,: Page 1 e, ~ ~® Staff Report to the Planning Commission `June 14;:2004 Item No. 6 r (6) Theoverall site plan (Revision No.1 of Exhibit No. 1) Indicates the site is improved with two commercial buildings (Hahm Salesiand Shoe'City), and associated common;parking,and access areas. No change to height, size, or location of the expansion to the Shbe City;: building is proposed. ~ ~: Jz ~ r y j 4 r `~4 r i tit' ''~ s. °~ 1~ ~7. -_ ,-.~ ~~ ~. w R~~,~ i7 View of proposed expansion from the south (across Ball Road) (7) The`enlarged site plan (Revision No. 1 of Exhibit No. 1) indicates the proposal would create 1,476 square feet for Space "A" and 1,312 square feet for Space "B" out of the previously- app~oved 2,788 square foot expansion. There are no modifications proposed to the existing parking lot and landscaping. There are 197 available parking spaces for the`combined'site and the number of spaces required for the entire site with two fast'food service restaurant tenants would be 156 based on the following:; Area Code Required No. of Spaces r "Use (Square Footage), Parking Ratio. Required s aces': er1,001)is.f. Hahm Sales: 2,213 s.f. 5.5 12.2 Parts/Sales Area Hahm Salesl 25,912 s.f. z 2.5 64.6 '.Showroom 'i Third and Fourth ...2,788 s.f. 16 44.6 Tenants aces 'Shoe Ci 6;206 s.f. 5.5 34.1 s TOTAL 36;126 s.f. 156 `(8) The interior floor plan (Revision 1 of Exhibit No. 2) indicates each new tenanEspace would contain one restroom, access to the rear fordeliveries, and entryway doors o~ienked to She south facing Ball Road consistent with the existing Shoe City orientation. "Page 2 i Staff Report td the Planning Commission June 14 2004 Item No. 6 ._ (9) With exception of an additional set of storefront entryway doors on the south elevation and an additional utility door on the east elevation, no dhanges to the materiaf or colors of the addition are proposed. (10) The Code provides for modification tpa conditional use permit based Upon specified criteria _ including that the modification is necessary to permit the reasonableroperatiori of the business under the conditional use permit as granted. (11') Staff believes this modification is consistent with. the original expansion and would better serve the adjacent regionally-based business, which draws customers from surrounding; areas,: and is consistent with the Redevelopment Project goals and the goals fdr development within`the SABC Overlay Zone, and therefore, staff recommends the Commission approve: the amendmentlto Condition No. 29 and related exhibits to allow a total of four (4) tenant spaces for this commercial center. (12) At the November 17, 2003, :meeting, the Commission identified concerns related to parking areas and pedestrian access as they are related to the proposed expansion. Staff has worked with the .petitioner through theiconstructidn plan check process to identify a pedestrian sidewalk and directional ignage forcustomers utilizing the parking area to the north'of the existing building, (13) Community Development staff has reviewed thisrproposal, and concurs with the Planning Department's recommendation of approval. ENVIRONMENTAL IMPACT ANALYSIS: (14) The Planning Director's authorized representative has determined that the proposed project falls within the definition df Categorical Exemptions, Section 15301, Class 3 (New Construction), as defined inahe State CEQA Guidelines and is, therefore, exempt from the: requirement to prepare additional environmental: tlocumentation. :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 Marchl7, 1992:' Based on City staff review of the proposed project; it has been determined that this project does not fitiwithin theiscope necessary totequire a Growth Management': j Element analysis., therefore; no analysis has been performed. FINDINGS: (16) Before the Commission grants any conditional use permit,' it must make a finding of fact that the evidence presented shows that all of the following conditions exist: (a) That theproposed use is properly one for which a conditionatuse permit is ' authorized by the Zoning Code, or thatsaid use is not listed herein as tieing a '_ permitted use; (b) That the proposed'use will not adversely affect the adjoiningland uses and the ' growthand development df tfie area in which it is proposed to be located; Page 3 1 Staff Report to the 'planning Commission June 14,'2004 Item No. 6 (c) ; Thatahe size and shape of the site for the proposed use is adequate. to allow the full develdpment bf the proposed use iri e manner not detrimental to ttie partidular area nor to the peace, health, safety, and general welfare; (d) Thatthe traffic generated by the proposed use will not impose an uhtlue burden upon the sheets and highways designed"and improved to carry the traffic in the area; and (e) , Thatahe granting of the cdnddional use permit under the conditions imposed, if any, will not be detrimental to the peace, tealth, safety and general welfare of the citizens of the!City of Anaheim. (17) Subsection 18.03.092 of the Anaheim Municipal Cade provides for the modification or termination of a conditional use permit forbne or more of the following grounds: i (a) That the approval was obtained by fraud; (b) Thatahe use for which such approval is granted is not being exercised within the time specified in such permit; (c) Thatahe use for which such approval was granted has ceased to exist or has been suspended orhoperative for any reason for a period ofsix (6) consecutive months or more; (d) Thaf the permit. granted is being, or recently has been exercised contrary to the terms or conditions of such approval, or in violation of any statute; ordinance, law or regulation; (e) That'the use for which the approval was granted has been so exercised as to be detrimental to`the public ftealth or safety, or sd as to constitute a nuisance; (f) That the use for which the approval'was granted has notbeen exercised, and that based upon additional information br due to changed circumstances, the facts necessary to support one or more of the required showings for the:issuance of such entitlement asset forth in'ahis chapter no longer exist; and/or '(g) Thafany such modification, including the imposition of any additional conditions thereto, is reasonably necessary to protect the public peace, health, safety oc general welfare, or necessary to permit reasonable operation under the cohditional use: permit as granted. - RECOMMENDATION: (18) Staff recommends that, unless additional or contrary informatidn is received during he hearing, and based upon the evidence submitted to the Commission, including the evidence p~esented:n this staff+report, acid oral andwritten evidence presented at the public hearing, the Commission. aaarove the petitioner's request by adopting the attached resolution ihcluding he findings containedaherein. ' Page 4 [DRAFT] RESOLUTION NO. PC2004--** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2003-154 ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 2003-04791 (1126 SOUTH ANAHEIM BOULEVARD) WHEREAS, on November 17, 2003, the Anaheim City Planning Commission did, by Resolution No. PC2003-154, grant 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. WHEREAS, Resolution No. PC2003-154, adopted in connection with subject use permit includes the following conditions of approval: 29. That the number of tenant spaces in this commercial retail center shall be limited to three (3). Said information shall be specifically shown on the plans submitted for building permits. 34. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the Petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1, 2, and 3, and as conditioned herein. WHEREAS, the petitioner has requested to amend said conditions of approval and amend exhibits to subdivide apreviously-approved tenant space into two tenant spaces (for a total of four) within a previously-approved commercial retail center. WHEREAS, this property is currently developed with two buildings (one building occupied by Shoe City and one building occupied by Hahm Motorsports), the underlying zoning is CL (SABC) (Commercial, Limited; South Anaheim Boulevard Corridor Overlay); the Anaheim General Plan designates this property for General Commercial land uses; and this property is located within the Commercial/Industrial Redevelopment Project Area (South Anaheim Boulevard Area), which designates the site for Regional Commercial land uses; and is situated in the City of Anaheim, County of Orange, State of California, described as THAT PORTION OF LOT 25 OF ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF SURVEY BY WILLIAM HAMEL. A COPY OF WHICH IS SHOWN IN BOOK 3, PAGES 162 TO 164 INCLUSIVE OF LOS ANGELES COUNTY MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF SAID LOT 25 WITH THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF TRACT'NO. 2757, AS SHOWN ON A MAP RECORDED IN BOOK 108, PAGES 28 AND 29 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 74° 27' 45" EAST PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 25 A DISTANCE OF 320.00 FEET; THENCE SOUTH 15° 32' 15" EAST ALONG ALINE PARALLEL WIT THE WESTERLY LINE OF SAID LOT 25,185.16 FEET; THENCE NORTH 74° 27' 45" EAST, 192.43 FEET; THENCE SOUTH 0° 05' 15" EAST 72.62 FEET; THENCE SOUTHWESTERLY, SOUTH 74° 27' 45" WEST, 193.09 FEET; THENCE SOUTHEASTERLY ALONG A LINE PARALLEL WITH SAID WESTERLY LINE OF SAID LOT 25 SOUTH 15° 32' 15" EAST 134.26 FEET TO THE TRUE POINT OF BEGINNING. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 14, 2004, at 1:30 p.m., notice of said public hearing having been duly given as required bylaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to C R\PC2004-0 -1- PC2004- (TRACKING NO. CUP2004-04851) hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself .and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.44:050.135 to wit: to subdivide apreviously-approved tenant space into two tenant spaces (for a total of four) within apreviously-approved commercial retail center. 2. That the proposed use is consistent with the Regional Commercial designation for this site as described in the redevelopment plan for the Commercial/Industrial (South Anaheim Boulevard Area) Redevelopment Project Area. 3. That the proposed addition will not adversely affect the adjoining land uses and future growth and development of the surrounding area in which it is located. 4. That, as conditioned herein, the size and shape of the site far 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. 5. That granting 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 of Anaheim. 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 the proposed amendment to conditions of approval and approved exhibits, including the imposition of any additional conditions thereto, is reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to permit reasonable operation under the conditional use permit as granted. 8. That'"' indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING; The Planning Director or her authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 3 (Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby amend, in its entirety, the conditions contained in Resolution No. PC2003-154 to read as follows: 1. That the petitioner shall submit a coordinated master sign program for the entire site to the Zoning Division for review and approval. Sajd program shall include removal of advertising for'Hahm' from the existing monument sign on Ball Road. Any decision made by the Zoning Division regarding said plan may be appealed to the Planning Commission as a 'Reports and Recommendations' item. That the petitioner shall submit a final landscape plan to the Zoning Division for review and approval. Said plan shall include planting additional evergreen trees within the existing landscaped areas along Ball Road and Anahejm Boulevard and within interior parking areas, and shall provide sufficient planter area for the trellis structures proposed for the west building wall of the new tenant space in compliance with Code. Said plan shall demonstrate that the interior parking lot landscaping and perimeter landscaping along Clifton Avenue shall be refurbished (i.e., replacing dead trees, pruning and weeding), and shall also demonstrate how pedestrians will circulate from the rear (north) -2- PC2004- of the retail building to the store entrances facing Ball Road. The plan shall include details such as sidewalk locations and directional signage. Any decision by the Zoning Division may be appealed to the Planning Commission as a 'Reports and Recommendation' item. 3. That if additional electrical service is required to be provided to the property, the property owner/developer 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 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 submitted for building permits. The plans shall also identify the specific screening treatment of each device (i,e., landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to review and approval by the appropriate City departments. 6. That the legal owner of subject property shall provide the City of Anaheim with a public utilities easement along/across primary cable underground and around the pad-mounted transformers. 7. That any required relocation of City electrical facilities shall 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 the plans submitted for building permits. B. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with Engtneering 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 be specifically shown on plans submitted to the Public Works Department, Streets and Sanitation Division, for review and approval 10. That the property owner shall be required to implement appropriate non-structural and structural Best Management Practices ("BMPs") (which may be found online at CAMBMPhandbooks.com). The selected BMPs shall be implemented and maintained to minimize the introduction of pollutants to the storm water drainage system. 11. That the legal property owner shall submit an application for a Lot Line Adjustment to the Public Works Department, Development Services Division. The Lot Line Adjustment shall be approved by the City Engineer and recorded in the Office of the Orange County Recorder. 12. That prior to issuance of a grading permit, the Ciry of Anaheim Storm Drain Impact and Improvement Fee for the South Central Area shall be paid. The current fee is twenty two thousand five hundred nine dollars per net acre ($22,509/net acre). The project architect or engineer shall document the existing impervious area and the proposed impervious area. If the impervious area remains the same or decreases, no fee is due. If the impervious area increases, the fee shall be proportional to the increase. 13. That all backflow equipment shall be located above ground and outside the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans submitted to the Water Engineering and Cross Connection Control Inspector for review and approval. -3- PC2004- 14. That all requests for new water services or fire lines, as well as any modifications relocation or abandonment of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities Department. >__. 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 and deemed necessary, or shall be abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 16. That the petitioner shall file an emergency listing card, Form APD-281, with the Anaheim Police Department, which form is available at the Police Department front counter. 17. That prior to commencing operation of any new business at this location, a valid business license shall be obtained from the City of Anaheim Business License Division. 18. 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. 19. That no convenience market and/or retail sale of alcoholic beverages shall be permitted on this site unless a separate conditional use permit is submitted to and approved by the Planning Commission. 20. That no video, electronic or other amusement devices shall be permitted on the premises. 21. That any public telephone shall be located inside a building. 22. That all trash generated from this commercial retail center shall be properly contained in trash bins located within approved trash enclosures. The number of bins shall be adequate and the trash pick- up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Code Enforcement Division of the Planning Department shall determine the need for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid by the business owner. 23. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dies. 24. That no roof-mounted balloons or other inflatable devices shall be permitted on the property. 25. That no outdoor vending machines which are visible off-site shall be permitted on the property. 26. That four (4) foot-high street address numbers shall be displayed flat on the roof of the building in a color that contrasts with the roof material. The numbers shall not be visible from the streets or adjacent properties. Said information shall be specifically shown on the plans submitted for building permits. 27. That no outdoor storage shall be permitted on the property. 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 permitted roof-mounted mechanical/utility equipment in the "CL(SABC)" (Commercial., Limited -South Anaheim Boulevard Corridor) Zone. Said information shall be specifically shown on the plans submitted for building permits. 29. That the number of tenant spaces in this commercial retail center shall be limited to four (4). Said information shall be specifically shown on the plans submitted far building permits. -4- PC2004- 30. 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 or highways. The walls of the storage area(s) shall be protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers or fall shrubbery. 31. That an on-site trash truck turn-around area shall be maintained in compliance with Engineering Standard Detail No. 610 and to the satisfaction of the Public Works Department, Streets and Sanitation Division. 32. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor use. 33. That the legal :property owner shall submit a letter to the Zoning Division requesting termination of the following entitlements: a. Conditional Use Permit No. 749 (permitting used car sales and new car storage, including all uses incidental, and to permit encroachment in the "PL" Parking Landscaping Zone); b. Conditional Use Permit No. 2509 (permitting an automotive dealership with waiver of minimum landscape setback); c. Conditional Use Permit No. 3772 (permitting a tour bus terminal including the storage and maintenance of buses and administrative offices); and d. Variance No. 2164 (waiver of maximum sign height within 300 feet of residential uses) 34. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the Petitioner and which plans are on file with the Planning Department marked Revision No. 1 to Exhibit No. 1, Revision No,1 to Exhibit No. 2, Exhibit Nos. 3 and 4, and as conditioned herein. 35. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 5, 6, 7, B, 9, 10, 11, 12, 13, 15, 26, 28, 29, 30, 31 and 33, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 (Time Limit for Amendments, Conditional Use Permits, Administrative Use'Permits, Variances and Administrative Adjustments) of the Anaheim Municipal Code. 36. That prior to final building and zoning inspections or prior to commencement of the activity herein approved, whichever occurs first., Condition Nos. 16, 17 and 34, above-mentioned, shall be complied with. 37. 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. -5- PC2004- THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 14, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.03, "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, ,Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on June 14, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2004. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -6- PC2004- ATTACHMENT - ITEM N0. 6 RESOLUTION NO. PC2003-154 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETIT}ON FOR CONDITIONAL USE PERMIT NO. 2003-04791 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: THAT PORTION OF LOT 25 OF ANAHEIM EXTENSION, 1N THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF SURVEY BY WILLIAM HAMEL. A COPY OF WHICH IS SHOWN IN BOOK 3, PAGES 162 TO 164 INCLUSIVE OF LOS ANGELES COUNTY MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF SAID LOT 25 WITH THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF TRACT NO. 2757, AS SHOWN ON A MAP RECORDED IN BOOK 108, PAGES 28 AND 29 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 74° 27' 45" EAST PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 25 A DISTANCE OF 320.00 FEET; THENCE SOUTH 15° 32' 15" EAST ALONG A LINE PARALLEL WIT THE WESTERLY LINE OF SAID LOT 25,185.16 FEET; THENCE NORTH 74° 27' 45" EAST, 192.43 FEET; THENCE SOUTH 0° OS' 15" EAST 72.62 FEET; THENCE SOUTHWESTERLY, SOUTH 74° 27' 45" WEST, 193.09 FEET; THENCE SOUTHEASTERLY ALONG A LINE PARALLEL WITH SAID WESTERLY LINE OF SAID LOT 25 SOUTH 15° 32' 15" EAST 134.26 FEET TO THE TRUE POINT OF BEGINNING. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 17, 2003 at 1:30 p.m., notice of said public hearing having been duly given as required by law and fn accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf., and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.44.050.135 to wit: to establish a commercial retail center with the addition of a third retail tenant space to an existing commercial building. 2. That the proposed business is consistent with the Regional Commercial designation for this site as described in the redevelopment plan for the Commercial/Industrial (South Anaheim Boulevard Area) Redevelopment Project Area. 3. That the proposed addition will not adversely affect the adjoining land uses and future growth and development of the surrounding area in which it is located. 4. That, as conditioned herein, 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. 5. That granting 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 of Anaheim. Cr\PC2003-154.doc -1- PC2003-154 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 no one indicated their presence at the public hearing in opposition to the request; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL DUALITY ACT FINDING: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 3, as defined in the State of California Environmental Impact Report ("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. 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: 1. That the Petitioner shall submit a coordinated master sign program for the entire site to the Zoning Division for review and approval. Said program shall include removal of advertising for'Hahm' from the existing monument sign on Ball Road. Any decision made by the Zoning Division regarding said plan may be appealed to the Planning 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 planting additional evergreen trees within the existing landscaped areas along Ball Road and Anaheim Boulevard and within interior parking areas, and shall .provide sufficient planter area for the trellis structures proposed far the west building wall of the new tenant space in compliance with Code. Said plan shall demonstrate that the interior parking lot landscaping and perimeter landscaping along Clifton Avenue shall be refurbished (i.e., replacing dead trees, pruning and weeding), and shall also demonstrate how pedestrians will circulate from the rear (north) of the retail building to the store entrances facing Ball Road. The plan shall include details such as sidewalk locations and directional signage. Any decision by the Zoning Division may be appealed to the Planning Commission as a'Reports and Recommendation' item. 3. That if additional electrical service is required to be provided to the property, the property owner/developer 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 beat the developer's expense. 5. 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 submitted for building permits.. The plans shall also identify the specific screening treatment of each device (i.e., landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to review and approval by the appropriate City departments.. 6. That the legal owner of subject property shall provide the City of Anaheim with a public utilities easement along/across primary cable underground and around the pad-mounted transformers. 7. That any required relocation of City electrical facilities shall be at the property owner's expense. Landscape and/or hardscape screening of all pad-mounted e9uipment shall be required and shall be outside the easement area of the equipment. Said information shall be specifically shown on the plans submitted for building permits. 8. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with 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. -2- PC2003-154 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 be specifically shown on plans submitted to the Public Works Department, Streets and Sanitation Division, for review and approval 10. That the property owner shall be required to implement appropriate non-structural and structural Best Management Practices ("BMPs") (which may be found online at CAMBMPhandbooks.com). The selected BMPs shall be reviewed and approved by the Public Works Department, Development Services Division, and shall be implemented and maintained to minimize the introduction of pollutants to the storm water drainage system. 11. That the legal property owner shall submit an application for a Lot Line Adjustment to the Public Works Department, Development Services Division. The Lot Line Adjustment shall be approved by the City Engineer and recorded in the Office of the Orange County Recorder. 12. That prior to issuance of a grading permit, the City of Anaheim Storm Drain Impact and Improvement Fee for the South Central Area shall be paid. The current fee is twenty two thousand five hundred nine dollars per net acre ($22,509/net acre). The project architect or engineer shall document the existing impervious area and the proposed impervious area. If the impervious area remains the same or decreases, no fee is due. If the impervious area increases, the fee shall be proportional to the increase. 13. That all backflow equipment shall be located above ground and outside the street setback area in a manner fully screened from aII public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside the street setback area in a manner fully screened from all public streets and alleys. Said information shall be . specifically shown on plans submitted to the Water Engineering and Cross Connection Control Inspector for review and approval 14. That all requests for new water services or fire lines, as well as any modifications relocation or abandonment of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities Department. 15. That all existing water services and tire 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 and deemed necessary, or shall be abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 16. That the Petitioner shall file an emergency listing card, Form APD-281, with the Anaheim Police Department, which form is available at the Police Department front counter. 17. That prior to commencing operation of any new business at this location, a valid business license shall be obtained from the City of Anaheim Business License Division. 18. 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. 19. That no convenience market and/or retail sale of alcoholic beverages shall be permitted on this site unless a separate conditional use permit is submitted to and approved by the Planning Commission. 20. That no video, electronic or other amusement devices shall be permitted on the premises. 21. That any public telephone shall be located inside a building. -3- PC2003-154 22. That all trash generated from this commercial retail center shall be properly contained in trash bins located within approved trash enclosures. The number of bins shall be adequate and the trash pick up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Code Enforcement Division of the Planning Department shall determine the need for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid by the business owner. 23. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dies. 24. That no roof-mounted balloons or other inflatable devices shall be permitted on the property. 25. That no outdoor vending machines which are visible off-site shall be permitted on the property. 26. That four (4) foot-high street address numbers shall be displayed on the roof of the building in a color that contrasts with the roof material. The numbers shall not be visible from the streets or adjacent properties. Said information shall be specifically shown on the plans submitted for building permits. 27. That no outdoor storage shall be permitted on the property. 28. That roof-mounted equipment shall be screened from view fn accordance with the requirements pf Anaheim Municipal Code Section 18.44.030.120 pertaining to permitted roof-mounted mechanical/utility equipment in the "CL(SABC)" (Commercial, Limited -South Anaheim Boulevard Corridor) Zone. Said information shall be specifically shown on the plans submitted for building permits. 29. That the number of tenant spaces in this commercial retail center shall be limited to three (3). Said information shall be specifically shown on the plans submitted for building permits. 30. 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 or highways. The walls of the storage area(s) shall be protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers or tall shrubbery. 31. That an on-site trash truck turn-around area shall be maintained in compliance with Engineering Standard Detail No. 610 and to the satisfaction of the Public Works Department, Streets and Sanitation Division. 32. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor use. 33. That the legal property owner shall submit a letter to the Zoning Division requesting termination of the following petitions: e Conditional Use Permit No. 749 (permitting used car sales and new car storage., including all .uses incidental, and to permit encroachment in the "PL" Parking Landscaping Zone); and Conditional Use Permit No. 2509 (permitting an automotive dealership with waiver of minimum landscape setback); Conditional Use Permit No. 3772 (permitting a tour bus terminal including the storage and maintenance of buses and administrative offices); Variance No. 2164 (waiver of maximum sign height within 300 feet of residential uses) -4- PC2003-154 34. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the Petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1, 2, and 3, and as conditioned herein. 35. That prior to issuance of a building permit, or prior to commencement of the activity herein approved; 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, t3, 9, 10, 11, 12, 13, 15, 26, 28, 29 and 33, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 (Time Limit for Amendments, Conditional Use Permits, Administrative Use Permits., Variances and Administrative Adjustments) of the Anaheim Municipal Code. 36. That prior to final building and zoning inspections or prior to commencement of the activity herein approved, whichever occurs first, Condition Nos. 16, 17 and 34, above-mentioned, shall be complied with. 37. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 17, 2003. (ORIGINAL SIGNED BY JAMES VANDERBILT) CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST (ORIGINAL SIGNED BY PAT CHANDLERI SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Pat Chandler, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing Resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on November 17, 2003, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, O'CONNELL, ROMERO, VANDERBILT NOES: COMMISSIONERS: BOSTWICK ABSENT: COMMISSIONERS: FLORES IN W ITNESS WHEREOF, I have hereunto set my hand this day of 2003. (ORIGINAL SIGNED BY PAT CHANDLER) SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC2003-154 J CERRITOS AVE J ~ ~ ~ ~ J ..... W ~ = RS-7200 RS-721 rv w 7 DU EACH 1 DU EP h W ¢v W 0_ F v7 F ~ T _ _ = I® N O ~- m 115'® o = a o Q - n W rq 7 ~ ~ p . RS-7200 1 DU EACH HARLE AVE -~ RS-7200 P 2004-04854 RS-7200 1 DU 1 DU EACH RS-7200 1 DU EACH CRIS AVE U I- W ~ 7 ~ D 5 PACIFIC AVE RS-7200 1 DU EACH RS-A-03,000 SOUTHERN CALIFORNIA EDISON EASEMENT Conditional Use Permit No. 2004-04854 Subject Property Date: June 14, 2004 Scale: 1" = 200' Requested By: PAUL CHIAVATTI Q.S. No. 43 REQUEST TO PERMIT A RESIDENTIAL GROUP CARE FACILITY WITH ON-SITE COUNSELING FOR UP TO 13 RESIDENTS RECOVERING FROM ALCOHOL DEPENDENCY. 1610 South Brookhurst Street D 1369 J UU 1 1 Staff Report to the Planning Commission Jurie 14 2004 Item No. 7 7a. CEQA CATEGORICAL EXEMPTION -CLASS 1 (Motion) 7b. CONDITIONALUSE PERMIT N0. 2004-04854 (Resolution) SITE LOCATION ANDbESCRIPTION: (1) This rectangularly-shaped 0.16-acre property has a frontage of 63 feet on the'east side of Brookhurst Sheet, a maximum depth of 115 feet and islocated 1h2 feet south of the centerline of Harle Avenue (1610 South Brookhurst Street -Expedition House}. REQUEST:' (2) The petitioner requests approval of a conditional use permit to permit a residential group care':facility forup to thirteen (13) residents recovering from chemical dependency under authority of Code Section 18,04.160.030. BACKGROUND: (3) This property is currently developed with asingle-family residence and is currently operated legally as a sober living home. The property is zoned RS-7200 (Residential, Single-Family) and the General Plan Land Use Element Map designates this property, and the properties to the north, south' and west (across BrookhursfStreet) for Commercial Professional land uses. The property to'the east beyond a public alleyis designated for Low'Density Residential land: uses. The General Plan Update (effective June 24,2004) designates the property for Residential Low land uses, (4) There are no previous zoning actions pertaining to this property. PROPOSAL: (5) The petitioner requests approval topermit a residential care facility. with on-site counseling services. A residential or;group care facility is defined in the Zoning Code as a building or portion thereof designed or used for the purpose of providing 24-hour per day residential living accommodations in exchange for the payment of money or other consideration, where the duration of tenancy is determined; in whole orin part, 6y he individual resident's participation in group or individual activities such as counseling, recovery planning, or medical or therapeutic assistance: A residential care facility for seven or more residents is a permitted use. in all residential zones subject to the approval of a conditional,.use permit: t, Such facilities for six or less residents are permitted by right in residential zones. Altfidugh residential care facilities for six or less residents require:a state license, the State does not allow cities to require a conditional use permit#or these,facilities. ' i Sr1151cw.doc Page 1 s ~ ~ d 1 Staff Report ro the Planning Commission ' June 14,2004` Item No. 7 with'counseling!available only to tenants residing at the facility. Residents would not be permitted to drive or leave. the premises unless escorted by facility'staff and would be subject to regular drug testing. Lastly, the'petitioner has indicated that this facility would be licensed by the CalifornialDepartmeht of Alcohol and Drug Programs. ENVIRONMENTAL IMPACT 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 tlefined in the State CEQA Guidelines ands, therefore, exempt from the requirement to>pprepare'additional environmental documentation. GROWTH MANAGEMENT ELEMENT ANALYSIS: (11) Theproposed project has been reviewed by affected City departments to determine whether it conforms with the City's Growth Management Element adopted by the City Council on March 17, 1992. Basedon City staff review df the proposed project, it has tieen determined that this project does not fit within he scope necessaryjto require a Growth Management Ejement analysis, therefore, no analysis has been performed. EVALUATION: (12) Resitlential or group care facilities with seven or more residents are.. permitted. in all residential zones subject o the approval of a'conditionaliuse permit. (13) This`property is currently operated as a sobertiving facility and is certified by a voluntary program administered bythe County. The Anaheim Municipal Code does not;require a conditional use permit fora sober living facilityand licensing is voluntary. A sober living < facility is defined by the Orange County Sheriff's 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 living environments where no drug: or alcohol treatment ervices are provided on site. The Department of Alcohol Drug Programs does not license such a (acility to offer residential treatment for drug. or alcohol abuse oCaddictionlThe request to provide on-site bounseling;services alters the use'of the property from a residential use (sober living facility) to a residential group care facility. Resitlential group care facilities (defined abpve in paragraph no. 5) with seven or more residents are permitted in all residential zones subject to approval of a j conditional use permit. Residential Alcohol and Drug Treatment Facilities also require a< State license from the Department of Alcohol `and Drug Programs. (14) The'petitioner requests approval to'provide on-site counseling for persons residing at the .facility. According to the,petitioner, all residents are screened and referred by!a California State or Orange County Agency. The majority of participants would' be adult men with ' alcohol and/orsubstance: abuse problems and would be'screened by the appropriate State and/or Countyagencies. The facility would be non-medical and would provide both group and individual counseling: with a maximum of two counselors, The petitionerhas indicated that treatment`may take from 14 days to 4 months depending on the rate of recovery. Counseling would only be for participants residing at the facility; further, residents would be subject to regular drug testing and would ncfbe permitted to drive.:: The residence would fiat tie expanded or modified as part of this request ahd would rict be recognizable as a` Page 3 Staff Report to the Planning Commissidri June 14',2004 Item No: 7 residential care facility. However, buildingpermits were previously issued far exparisions to -the residence associated with the existing,sober living home (15) At the time this reportwas written, staff had received brie phone call and one resident had visited the public counter to state their concerns and oppositidn to this request to permit a residentiafgroup care facility with on-site dounseling. The concerns include previous Code violations on the property, nuisance issues including urinating in public, drug use, maintenance of the property and overall neighborhood safety. The Code Enforcement records for this property indicate several requests forservices from neighbors made within 'the last 3 years. The requests for services include loitering, urinating and smoking ih the alley located at the rear of the home, overcrowding of a single family residence, noise `disturbances and shopping carts and household materials being left in the alley. Code Ehforcement records also indicate that the residence,passed the voluntary sober living home inspection, administered by the Orange County Sheriff's Department on September 19, 2003. Vl (16) The home is currentlybperated as a soberliving home far 15 male residents. The sober living home residents voluntarilyagree to the rules aritl regulations of the ticme, rncludmg `household chores, and do nokredeive on-site counseling services. It should be clarified that a sober living home ispermdted without any formal governmental regulation based'oh the fact that no treatment is provided and thatahe residents are simply living together asa ''family," The petitioner has indicated thatahe benefifdf reducing the number of residents and becoming a residential group care facility is the ability to provide counseling for the residents. The Commission has recentlyapproved two residential group care facilities with do-site counseling: Facility Narita-and Case No; Address No. of residents ' Decisiomand Hearin date Expedition House 1300 West Pearl St - 24 t Approved CUP2003-04789 Units A-D ? 11/17/2003 "Expedition House 1310 WesfPearl St. 24 Approved CUP2004-04837 Units A-D ' 5/1:7/2004 (17) The Policebepartment-West District Community Policing Sergeant, has'submitted the attached memorandum detailing recent calls for service to the property indicating only one call during,this period pertainingito a burglary. The memorandum furtherindicatesno narcotic investigations or violations for this`property and that forthis Crime Reporting bistrict, the crime rate'decreasetl 52% from 2002 to 2003. (18) Staff contacted the State of California Alcohol and Drug Programs to obtain a list of licensed ResidentialDrug and Alcohol Treatment Facilities in the City of Anaheim. Information provided td staff did not include sober living facilities as they are not licensed or tracked by he State or any local agency. According to the State's records; the closest licensed Residential Drug and"Alcohol Treatment Facility is located north'of Ball Road in an office building at 631 South Brodkhurst Street. Page 4 1 Staff Reporttb the Planning Commission June 14, 2004 Item No. 7 (19) Based upon a review of the operational characteristics of the proposal, an analysis of calls for service to this location, the reduction in the numberbF residehts from 15 to 13 and dfiat no physical changes to the residence are proposed thafwould make the home appear out of character with other residencesin the neighborhood;'staff recommends approval of tfiis request. FINDINGS: (20) Before the Planning Commission grants any conditional use permit; it must make a finding of fact that the evidence presented shows tHat all of the following conditions exist: (a) That the proposed use is properly one forwhich a conditional use permit is authorized by tfie 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 df the area iH which it is'proposed to be located; (c) ; That the size and'shape of the site for the proposed use is adequate to allow the' full development of the proposed use in a'manner not detrimental to the particular area nor to he peace; heaRh, safety, and general welfare; (d) That the traffic generated bythe proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; ahd (e) That the granting: of the conditional use permit urder 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`.: (21) Staff recommends that, unless additional or contrary information is received during the meeting, and based upon the evidence submitted to the: Commission, including the evidence presented in this staff report, and oral and written evidence presented at the public hearing; the Commission approve the petitioner's request by adopting the attached +, resolution, including the findings and conditions therein.: 1 Page 5 [DRAFT] RESOLUTION NO. PC2004--* A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04854 BE GRANTED (1610 SOUTH BROOKHURST STREET) 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: THE PROPERTY IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS: LOT 57, OF TRACT 1781, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 55, PAGES 33 AND 34, INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 14, 2004, at 1:3D 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 t 8.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.04.160.030 to permit a residential group care facility for up to thirteen (13) residents recovering from chemical dependency. 2. That a residential or group care facility with 7 or more residents is a conditionally permitted use in the RS-7200 Zone. 3. That the proposed residential care facility would provide acost-effective, humane and non- institutional environment for persons recovering from drug and/or alcohol addiction and as conditioned herein, would not adversely affect adjoining land uses. 4. That the size and shape of the property is adequate to allow the proposed residential care facility without being detrimental to surrounding land uses; and that no expansion or physical changes to the property are proposed that would indicate the use of the residence as a recovery facility.. 5. That the traffic generated by the residential care facility would not pose an undue burden upon streets and highways designed to carry the traffic in the area; and residents would not be permitted to drive and visitors would be limited to a maximum of two at any one time and therefore, no parking or traffic impacts would occur. 6. That granting this 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; and That'*` indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. Cr\PC2004-0 -1- PC2004- CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or her 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. 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: 1. That all services, including counseling, shall be for the residents at this address (1610 South Brookhurst Street) only. 2. That the petitioner shall provide atwenty-four (24) hour per day, on-site manager who will be responsible for responding to any neighborhood concerns regarding the facility. That the name and telephone number of the on-site manager shall be submitted to the Code Enforcement Division of the Planning Department to be kept on file. 3. That plans shall be submitted to the Building Division showing that the project complies with all requirements of an "R-2.1" occupancy. 4. That the trash storage areas shall be maintained in a manner satisfactory to the Public Works Department, Streets and Sanitation Division. 5. 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 of Alcohol and Drug Programs, authorizing this use as a residential recovery facility. 6. That no signs shall be visible off-site identifying this use as a residential care facility; further, the use shall not be recognizable from off-site as a residential care facility. 7. That this facility shall be limited to 13 men recovering from alcohol/chemical dependency, .screened for successful integration into a residential setting and as stipulated by the petitioner; visitation shall be limited to two visitors at any one time. Residents shall not be permitted to drive or maintain a personal vehidle 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. Counseling shall be provided only for participants residing at the facility. 8. 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 Planning Department. 9. That no required parking areas shall be used for storage. 10. That the property shall be permanently maintained in an orderly fashion by providing regular landscaped maintenance, removal of trash and debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 11. That subject property shall be maintained in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file in the Planning Department marked Exhibit No. 1 of Conditional Use Permit No. 2004-04854. 12. That prior to commencement of the activity authorized by this resolution, or within one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 2, 3, 5, B and 11 above-mentioned shall be complied with. -2- PC2004- 13. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the .. , _ request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinahove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 14, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18:03, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on June 14, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of . 2D04. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2004- ATTACHMENT ITEM N0.7 City of Anaheim POLICE DEPARTMENT June 9, 2004 TO: CHARITY WAGNER PLANNING DEPARTMENT FROM: SERGEANT RAUL QUEZADA POLICE DEPARTMENT SUBJECT: 1610 S. BROOKHURST STREET AND REPORTING DISTRICT #2020 CALLS FOR SERVICE Per your request, an inquiry into the calls for service at 1610 S. Brookhurst Street was conducted for the period of January 1, 2004 to May 31, 2004. During this time period, the Police Department responded to this location once on January 17, 2004 for a burglary report. An inquiry into the surrounding area (Reporting District #2020) was also conducted For the same time period. There were no calls For service generated related to narcotic violation s/investigations. Finally, the crime rate for 2003 for Reporting District #2020 was 52% below the previous year (2002). Please feel free to contact me at 714-816-6585 should you require additional information. MEMO.dot (Revised 4/2003) ITEM N0. 8 O 65 DU A R' M-120fi RCL 75-76-0e RCL 63-fi4-76 6 RCL 61-62A6 CUP 192 APTS. e ou RM-1200 75-76-18 63~i4-7fi RCL 61-62-66 CUP 192 VAR 1856 APTS. 52 DU CUP 554 MADISON SDUARE'S .SELF-STORAGE FACILITY 8 REfAiL cuP 2695 CUP 495 RCL 56-57-41 CUP 978 VAR 1147 5 CUP 2220 S.S. 8 LINCOLN-DALE VAR 3702 CONV. MKT. PLAZA SHOPPING CTR. SMALL SHOP; LIQUOR STOR c4r ~~n rc pi» rc LINCOLN AVENUE RM-1200 RCL 70-71-16 VAR 2207 DU RM-1200 APARTMENTS CARBON CREEK CHANNEL CL VAR 2912 CL CUP RCL 2092-64577 ~-61A9 FARMER 60 61 12 BOYS .UP 34$2 'UP 1433 UNUALE CL ~ CENT€R RCL fi3.64-BO < RCL 60.fi1-t2 SHOPS I j Z RM-1288 LLf RCL 010$-23 > 1 Q RM-1200 R 23 LLI VAR 3459 - 240 ' -J ~~ t5-A-43,000 .. L 200400123 ~ - P 2004.04856 ' ~ ~ fTM 16601 _ 1 DU RM-1200 RCL 81-82-18 VAR 3263 16 DU RS-A-03,000 SCHWEITZER ELEMENTARY SCHOOL i CL RCL CL (MHPI CL CL 63-~-160 RCL RGL RCL CUP 4111 ~ 60-61-i6] 7102-08 59-6653 2804-04930 RS-A-03pB0 60-61-107 CUP 2904 CUP 2765 CUP 1292 . MOBILE CUP 20]3 CUP 340 ' ANAHEIM VAR 2043 HOME SCUP 246 BOB S NATIONAL BUCOHIST PARK AUJ 0158 BURGERS INN TEMPLE MOBILE HOME PARK RS-A-~43,000(MHP) RCL 82-83-28 CUP 2033 CUP 35 WESTERN SKIES MOBiLEHOME ESTATES I 1 RS-A-43,000(MHP) RCL 67-88-43 RCL 88-89-49 CUP 3859 VAR 3772 CARBON CREEK CHANNEL RS-7200 VAR 1978 RS= 1 U EACH 1 DU TOLA AVE J Q. RS-7200 Q I RCL 67-fie-72 VAR 1976 - ~ RS-72 1 DU EACH 1 DU E/ ROJAN PL n Reclassification No. 2004-00123 ' ~'" Subject Property Conditional Use Permit No. 2004-04856 Date: June 14, 2004 Tentative Tract Map No. 16691 Scale: 1" = 200' Requested By: KC CHANG Q.S. No. 13 RECLASSIFICATION NO. 2004-00123 - REQUEST RECLASSIFICATION OF THE PROPERTY FROM THE RS-A-43,000 (RESIDENTIAUAGRICULTURAL) ZONE TO THE RM-2400 (RESIDENTIAL, MULTIPLE-FAMILY) ZONE OR LESS INTENSE ZONE. CONDITIONAL USE PERMIT NO. 2004-04856 -REQUEST TO CONSTRUCT A 14-UNIT SEMI-ATTACHED RESIDENTIAL CONDOMINIUM COMPLEX WITH WAIVER OF MINIMUM DISTANCE BETWEEN BUILDINGS. TENTATIVE TRACT MAP NO. 16691 -REQUEST TO ESTABLISH A 1-LOT, 14-UNIT SEMI-ATTACHED RESIDENTIAL CONDOMINIUM SUBDIVISION. 135 South Dale Avenue 1370 1 Staff Report to the Planning Commission June 14, 2004', Item No. 8 8a. CEQA NEGATIVE DECLARATION 8b. ` RECLASSfFICATION'NO)'2004-00123 ?8c. 'WAIVER OF CODE REQUIREMENT 8d. CONDITIONALUSE PERMIT N0 2004-04856 (Motion for cdntinuance)1 8e. TENTATIVE TRACT MAP 16691 SITE LOCATION AND DESCRIPTION: (1) This ~ectangula~ly-shaped.; 0.82-acre property fias a frontage of 148 feet on the west side of Dale Avenue', a maximum depth bf 240 feet and is located 410 feet south bf the centerline of Lincoln Avenue (135 South Dale Avenue). REQUEST: (2) The petitioner requests approval of the following: (a) Reclassification No 2004-00123 - to reclassify this property from the RS-A-43,000 r (Residential/Agricultural) zone to the RM-3 (Multiple-Family Residential)'or less intense'zone. (b) :Conditional Use Permit No. 2004-04856 - to construct a 14-unit semi-attached residential condominium complex under authority df Code Section No. 18.32.050.004 with waiver of the following: SECTION 18.32.065.011 Minimum distance between buildings. (25 feet required; 21`feet proposed) (c) Tentative Tract Map No. 16691 - to establish a 1-Idt, 14-unit semi-attached residential condominium subdivision. BACKGROUND: (3) This,property is developed with asingle-family ~esidence'and is zoned RS-A-43,000 (Residential/Agricultural). ,The Anaheim General Plan Land Use Element Map designates this property for Medium Density Residential land uses. (4) The petitioner has submitted the attached letter dated June 3, 2004; requesting afour-week dontinuance to the July 12 2004; Planning Commission meeting to allow additional time to submit revised plans and5ubmit a`sewer capacity study;; RECOMMENDATION:'. (5) Thaf the Planning Commission, by motion, continue this item to the July 12, 2004, meeting as requested by the petitioner. ) Sr5097jr.doc Page 1 JUH-93-2884 97:55 RH CHRHG Lune 3, 2004 1vlr. John Ramirea, Zoning Division Community Development Department City of Anaheim Subject: RCL 2004-00123, CUP 2004-04356, SUBTIIVI 16691 Deaz Sir, ~?• JUN 2pp~8_ ~, RECEIVED DEP RTI~E~~ ~~ We would like to request for an extension of public hearing for the subject prnjecl from June l4, 2004 to July 12, 2004. Thank you for your efforts. Sincerely, C ~`°~ i~. c. Chang ~ Applicant T1R 777 8758 P. 81 ATTACI~NT -ITEM N0. 8