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PC 2004/07/12CITY OF ANAHEIM PLANNING COMMISSION AGENDA MONDAY, JULY 12, 2004 Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California CHAT JERRY C CALL TO ORDER ' t'KCLIIVIIIVHKT t',LHIV RECESS TO AFTERNOON PUBLIC HEART RECONVENE TO PUBLICHEARING 1:30 f For record keeping purposes, if you. wish tc complete a speaker card and submit it to tl PLEDGE OF ALLEGIANCE ' PU6LIC COMMENTS' SEAT) on the agenda, please ION MORNING SESSIO ~MMISSION ON VARIOUS CI ISSUES (AS REQUESTED B ON) rlEVIEW FOR ITEMS ON THE 07-12-04 Page 1 RECONVENE TO PUBLIC HEARING AT 1:30 P.M. PLANNING COMMISSION APPOINTMENTS: Appointment of a Planning Commission Chairperson (Motion.).. Appointment of a Planning Commission Chairperson Pro-Tempore (Motion) 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-E on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. A. (a) CEQA EXEMPTION -SECTION 15061(b1(3) (b) SPECIFIC PLAN ADJUSTMENT NO. 1 TO AMEND THE DOWNTOWN EAST CENTER STREET SPECIFIC PLAN 90-2 ZONING AND DEVELOPMENT STANDARDS (TRACKING NO. SPN2004-000281 Richard Battaglia, The Village Apartments, 475 Center Street, Anaheim, CA 92805, requests an adjustment to SP 90-2 (East Center Street Specific Plan) to delete office uses from the list of conditionally permitted uses and add office uses to the list of permitted uses. B. (a) CEQA NEGATIVE DECLARAI (b) VARIANCE NO. 2004-04608 - Meg Beatrice, 800 East Ocean Boulevard, Suite 105, Long Beach, CA 90802, requests final elevation plan review for apreviously-approved 2-unit commercial center. Property is located at 676 South State College Boulevard. Project Planner: Charity Wagner (cwag ne r(oi) a na h elm. net) sr1155cw.doc a. s. ea Prbjeu~Planner. John Ramirez (ioramirez~anaheim, nel) sr5103jr.doc Q. S. 83 07-12-04 Page 2 C. (a) (b) City of Anaheim, 200 S. Anaheim Blvd, Anaheim, CA 92805 requests initiation of proceedings to implement the General Plan's vision for The Platinum Triangle (those certain properties generally bounded by the Santa Ana River on the east, the Anaheim City Limits on the south, the Santa Ana Freeway (Interstate 5) on the west and the Southern California Edison Company right-of-way on the north, and also known as the "Stadium Area") to include: Zoning code amendment proceedings to replace the (SE) (Sports Entertainment) Overlay Zone with the (PTMU) (Platinum Triangle Mixed Use) Overlay Zone (including rescinding Resolution No. PC2000-14, which approved the (SE) Overlay Zone). Master land use plan adoption proceedings to replace the Stadium Area Master Land Use Plan with The Platinum Triangle Master Land Use Plan (including rescinding Resolution No. 99R- 39, which approved the Stadium Area Master Land Use Plan). Standardized development agreement adoption proceedings to adopt a standardized development agreement to be customized on a prdject-specific basis for all development within the (PTMU) Overlay Zone, Reclassification proceedings for properties within The Platinum Triangle to the (PTMU) (Platinum Triangle Mixed Use Overlay) Zone and the O-H (high intensity office) and O-L (low intensity office) Zones to reflect General Plan designations. D. Receiving and approving the Minutes from the Planning Commission Meeting of June 28, 2004. (Motion) E. Receiving and approving supplemental detailed Minutes for Item No. 5 from the Planning Commission Meeting of May 17, 2004, scheduled to be heard as a public hearing item before City Council on Tuesday, August 3, 2004. (Motion) ITEM NO. 5 Conditional Use Permit No. 2004-04844 Determination of Public Convenience or Necessity No. 2004-00015 Project Planner: Susan Kim (skim(7o anaheim.net) sr8751 sk.doc 07-12-04 Page 3 PUBLIC HEARING ITEMS: 2a. CEQA NEGATIVE DECLARATION 2b. RECLASSIFICATION NO. 2004-00123 -- 2c. WAIVER OF CODE REQUIREMENT 2d. CONDITIONAL USE PERMIT NO. 2004-04856 2e. TENTATIVE TRACT MAP NO. 16691 OWNER: I<C 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 reclassification of the property from the RS-A-43,000 (Residential/Agricultural) zone to the RM- 3 (Multiple-Family Residential) zpne 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. . Continued from the June 14 and June 28, 2004, Planning Commission Project Planner: John Ramirez (ioramirez(a)anaheim.net) Meetings. RECLASSIFICATION RESOLUTION NO. sr5102jr.doc CONDITIONAL USE PERMIT RESOLUTION NO. O.S._13_ .> 3a. CEQA NEGATIVE DECLARATION (READVERTISED) Request for 3b. CONDITIONAL USE PERMIT!NO. 2004-04852 continuance to July 26, 2004 OWNER: Cedar Mountain, LLC, 110 East Walnut Avenue, Fullerton, CA 92835 AGENT: Leon Alexander, Briggs and Alexander, 558 South Harbor Boulevard, Anaheim, CA 92805 LOCATION: 2916 West Lincoln Avenue. Property is approximately 0.7-acre, having a frontage of 89 feet on the south side of Lincoln Avenue, located 315 east of the centerline of Laxore Street (EI Calor Restaurant). Project Planner: Request to permit a night club. Amy Vazquez (avazg uez(a) an a hei m. net) Continued from the June 28, 2004, Planning Commission Meeting. CONDITIONAL USE PERMIT RESOLUTION NO. sr8752av.doc Q.S. 13 07-12-04 Page 4 6a. CEQA CATEGORICAL EXEMPTION -CLASS 1 6b. CONDITIONAL USE PERMIT NO. 2004-04863 OWNER: Jerry King, 2212 Dupont Drive, Unit O, Irvine, CA 92612 " ~ J AGENT: Spectrum Real Estate Services, Inc., 13821 Newport Avenue, Suite 110, Tustin, CA 92780 LOCATION: 726 South State Coltege Boulevard. Property is approximately 3.7 acres, located south and east of the southeast corner of State College Boulevard and South Project Planner: Street (Zito's Pizza). Scott Koehm (skoehm(r~anaheim.net) Request to permit and retain an amusement arcade in conjunction with an existing restaurant. sr8753gk.doc Q.S. 1t4 CONDITIONAL USE PERMIT RESOLUTION NO. 7a. CEQA CATEGORICAL EXEMPTION -CLASS 1 7b. CONDITIONAL USE PERMIT NO. 2004-04864 OWNERS: Voit La Palma Partners II, LLC, 21700 Oxnard Street, Suite 350, Woodland Hills, CA 91367-7531 Transwestern Commercial Services, 2990 East La Palma Avenue, Unit D, Anaheim, CA 92806 AGENT: Nicole Finco, XLNT Window Tinting, 2940 East La Palma Avenue, Unit C, Anaheim, CA 92806 LOCATION: 2910-2940 East La Palma Avenue. Property is approximately 3.92 acres, having a frontage of 675 feet on the south side of La Palma Avenue, located 430 feet east of the centerline of W hite Star Avenue (La Palma Corporate Project Planner: Park). John Ramirez (ioramirez(a~anaheim.net) Request to permit and retain an existing automobile window tinting installation business. sr5101jr.doc CONDITIONAL USE PERMIT RESOLUTION NO. Q.S. t40 ADJOURN TO MONDAY, JULY 26, 2004 AT 11:00 A.M. FOR PRELIMINARY PLAN REVIEW. 07-12-04 Page 6 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: l I 3~ ~,...,., . (TIME) ~,,(„~ °(t 20 o y ( ATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: v °""_'A~ ~y~"^'„""a If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL FROM PLANNING COMMISSION ACTION The action taken by the Planning Commission this date regarding Reclassifications., Conditional Use Permits and Variances shall be considered final unless, within 22 days after Planning Commission action and within 10 days regarding Tentative Tract and Parcel Maps, an appeal is filed. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM CITY PLANNING COMMISSION In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (714) 765-5139. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Recorded decision information is available 24 hours a day by calling the Planning Department's Automated Telephone System at 714-765-5139. 07-12-04 Page 7 SCFIEDULE 2004 JULY 26 II AUGUST 9 II AUGUST 23 SEPTEMBER 8 (WED) SEPTEMBER 20 II OCTOBER 4 II OBER 18 NOVEMBER1 NOVEMBER 15 NOVEMBER 29 DECEMBER 13 DECEMBER 27 07-12-04 Page 8 ITEM N0. 1-A m ~/ `55000 RM-per" _~~~'• 0 R 1F5\ to b RS 1 g8A5 ~Lg7 6` J ~''~ po piaM-Zao6 R, pU EPOH ~ EgSgT ~~~''~ R~169.8~631 GYPR' NTOyJN) VpR 35p4 ~GUPGUP 1524 ~, ~'' Np• (DOW i pDPtp02 ~''' OJEOTALP~ ~6opo ~ ~'ME T.pR c to Epc ~ ice' DEVELOP N ? w v ~~~ ~ ~-''~ RE ~ ~ 2DU ~~~~ '' 7pU m VPR t94'1-t 5000 i ~ '~~v% ''1 b R gg_90-2t 1?~-1 tpU ZpU m FS-URGE K = ~, R~~U EPpH ~yn~~,~ DU 6 2, GEGSON pPR y ~ ~ N ~ AGit RS"500 2t r vJPSWN tl1~ °o ~'~ ~ ai Rpp 68.90 t pU t ~ t ~~~~ m tp~GUPD Na U ZpU ~`~~o~N PvE NPRjRES~B` , i~ SPF 23 ,~.... ~/~ v'~y t6'I C F ~ 3g45 fD~ 9 v aR Specific Plan Adjustment No. 2004-00028 ~E~~`< Subject Property Date: July 12, 2004 Scale: 1" = 200' Requested By: RICHARD BATTAGLIA Q.S. No. 83 ADJUSTMENT TO THE SP 90-2 (EAST CENTER STREET SPECIFIC PLAN) TO DELETE OFFICE USES FROM THE LIST OF CONDITIONALLY PERMITTED USES AND ADD OFFICE USES TO THE LIST OF PERMITTED USES. Specific Plan 90-2 (East Center Street Plan) ~aoa City of Anaheim ®FFICE ®~' '~'~~ C~'Il'Y A'~"B'®I21iT~~ MEMORANDUM 7uly 8, 2004 TO: GREG McCAFFERTY, SENIOR PLANNER FROM: CITY ATTORNEY'S OFFICE RE: ORDINANCE APPROVING SPECIFIC PLAN ADJUSTMENT NO. 1 TO DOWNTOWN ANAHEIM -EAST CENTER STREET DEVELOPMENT Proposed ordinance of the Anaheim City Council Approving Specific Plan Adjustment No. 1 to the Downtown Anaheim -East Center Street Development Specific Plan No. 90-2. JACK L. WHITE, CITY ATTORNEY BY L azk S. Gordon Deputy City Attorney www.anaheim.net 2@B S. Anaheim Boulevard Suite 356 Anaheim, California 926@5 TEL (774)765-5169 FAX (774) 765-5123 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING SPECIFIC PLAN AD7USTMENT NO. I TO THE DOWNTOWN ANAHEIM -EAST CENTER STREET DEVELOPMENT SPECIFIC PLAN NO. 90-2. WHEREAS, pursuant to the procedures set forth in Chapter 18.93 ofthe Anaheim Municipal Code [subsequently renumbered as Chapter 18.72], the City Council ofthe City ofAnaheim adopted the Downtown Anaheim -East Center Street Specific Plan No. 90-2 and did establish zoning and development standards therefor by the addition of Chapter 18.75 [subsequently renumbered as Chapter 18.110] to said Code; .and WHEREAS, in connection with adoption of Specific Plan No. 90-2 (The Downtown Anaheim -East Center Street Development .Specific Plan) City Council certified EIR No. 189 and adopted the corresponding Mitigation Monitoring Program (Attachment A of Resolution No. 90R-289; and WHEREAS, the City Council desires to amend the zoning development standazds for the Downtown Anaheim -East Center Street Specific Plan No. 90-2 in the manner hereinafter set forth (the "project"); and WHEREAS, pursuant to the provisions of the California Environmental Quality Act ("CEQA"), the City Council has determined that the project is categorically exempt from the CEQA under CEQA guidelines Section 15061 (b) (3), which provides that where it can be seen in certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That subsection .020 of Section 18.110.040 ofChapter 18.110 of Title 18 of the Anaheim Municipal Code be, and the same is hereby amended to read as follows: ".020 Parcel 4d -Mixed Uses Consisting Of Attached Multiple-Family Housing and CommerciaURetailUses. Except as otherwise specified herein, the standazds ofthe RM-4 Multiple -Family Residential Zone in Chapter 18.06 (Multiple-Family Residential Zones) and the Criteria for Deck Type Housing Projects shall apply. (a) Building Site Area Per Dwelling Unit. The minimum building site area per dwelling unit shall be nine hundred seventy-four (974) squaze feet. (b) Building Height. The maximum building height shall be fifty-four (54) feet, as measured to the highest point of the structure exclusive of chimneys, vents and other mechanical or ,__ architectural appurtenances. (c) Site Coverage. The maximum site coverage by the pazking deck shall be ninety percent (90%). (d) Structural Setback and Yard Requirements. 1. Center Street. The buildings adjacent to Center Street shall be located at or within one (1) foot of the street right-of--way. Commercial awnings encroaching into the public right-of--way shall be approved in accordance with the provisions of Title 17 of this Code. 2. Lincoln Avenue. The minimum structural setback to Lincoln Avenue shall be ten (10) feet; provided, however, that maximum five (5) foot encroachments aze permitted for a distance no greater than fifteen percent (15%) of the lineal street frontage for usable private outdoor living azeas, walkways and pazking structures. Olive Street. The minimum structural setback to Olive Street shall be ten (10) feet. 4. Fhiladelphia Street. The minimum structural setback to Philadelphia Street shall be fifteen (15) feet; provided, however, that maximum ten (10) foot encroachments aze permitted for a distance no greater than fifteen percent (15%) of the lineal street frontage in order to accommodate building siting flexibility and elevator shafts, and that maximum five (5) foot encroachments for usable private outdoor living azea aze permitted for the remainder of the lineal street frontage. (e) Required Recreational-Leisure Areas. The minimum recreational-leisure azea per dwelling unit shall be two hundred fifty (250) squaze feet of usable open space, of which at least one-third (0.33) shall be private space for the exclusive use of individual units and at least one-half (0.5) shall be common space shazed by residents of the housing complex. 1. Private Recreational-Leisure Areas. All ofthe dwellingunits on the deck level and one-half (0.5) of the dwelling units on the upper level shall be provided with private usable recreational-leisure space. Private recreational-leisure azeas shall consist of patios, balconies, decks and other azeas which are duectly accessible from the living room, dining room or family room of an individual unit. Such private areas shall be visually screened and protected from public view by grade sepazation, landscaping, fencing, walls and/or trellises. To be considered "usable," deck level open space shall be not less than eighty (80) squaze feet in area, with a minimum dimension of eight (8) feet; .and upper level open space shall be not less than sixty (60) square feet in azea, with a minimum dimension of six (6) feet. 2. Common Recreational-Leisure Areas. Common recreational-leisure azeas shall consist of courtyazds, front yards, rear yards, decks and other open space used primarily for outdoor living and recreation. To be considered "usable," common recreational-leisure space shall have a minimum dimension of sixteen (16) feet and shall be located close to major pedestrian circulation routes but shall not be part of such circulation routes. Common recreational-leisure areas shall be accessible to all residents of the housing complex. {f) Minimum Number of Parking Spaces. Based on the combination of uses proposed, the following minimum number of pazking spaces shall be provided. For the pazking spaces to be located in the Center Street Parking Structure, a pazking lease agreement between the applicant and the Agency which is satisfactory to the City Attorney and the City Engineer shall be in effect prior to issuance of a certificate of occupancy. 1. Residential Uses. For each dwelling unit there shall be provided not less than two and one-half (2.5) parking spaces. At least two and one-tenth (2.1) pazking spaces per unit shall be covered and located on-site (for a total of not less than two hundred twelve (212) spaces). The remaining pazking spaces (not more than four-tenths (0.4) parking spaces per unit) shall be provided in the Center Street Parking Stmcture (for a total of not more than forty (40) spaces). 2. Commercial Uses. A minimum of five and one-half (5.5) pazking spaces per one thousand (1,000) squaze feet of gross floor azea of commerciaUretail uses, a minimum of sig (6) parking spaces per one thousand (1,000) square feet of gross floor area of medical office uses and a minimum of four (4) parking spaces per one thousand (1,000) square feet of gross floor area of professional office uses shall be provided in the Center Street Pazking Structure (for a total of not less than thirty-six (36) spaces). (g) Sign Regulations. Prior to issuance of a certificate of occupancy, a complete sign program shall be submitted forreview and approval by the Planning Director and Executive Director of Community Development, in the manner set forth in Section 18.110.040.070 of this Code. (h) Dwelling Unit Storage. There shall be one hundred cubic feet ofprivate storage space for each dwelling unit." SECTION 2. That subsection .040 of Section 18..110.050 of Chapter 18.110 of Title 18 of the Anaheim Municipal Code be, and the same is hereby amended to read as follows: ".040 Pazcel4d: (a) Residential. Attached deck-type multiple family housing shall be permitted, subject to the provisions for the "RM-4" Multiple-Family Residential Zone, in Chapter 18.06, (Multiple- Family Residential Zones) and the "Criteria for Deck-Type Housing Projects," except as otherwise provided in this chapter. (b) Commercial. Commercial and retail uses, not to exceed six thousand six hundred (6,600) square feet, shall be permitted along Center Street at street level, as specified herein. 1. Permitted Commercial Uses. a. Convenience Retail Sales. Convenience Retail Sales refers to establishments or places of business primarily engaged in the provision of frequently or recurrently needed small personal items or services for residents within reasonable walking distance. These include various general retail sales and personal services of an appropriate size and scale to meet the above criteria. Typical uses include neighborhood grocery or drug stores. b. Eating and Drinking Establishments. Eating and Drinking Establishments refers to establishments or places of business primarily engaged in the sale of prepazed foods and non-alcoholic beverages for on-premises consumption. Typical uses include restaurants and short-order eating places or bars, including outdoor eating. Drive-up food service facilities are specifically prohibited. c. Food and Beverage Retail Sales. Food and Beverage Retail Sales refers to establishments or places ofbusiness primarily engaged in the retail sale of food and non-alcoholic beverages for home consumption. Typical uses include groceries or delicatessens. d. General Retail Sales. General Retail Sales refers to the sale or rental from the premises of goods and merchandise for personal or household use (for example, florist and gift shops), but excluding those uses listed in pazagraphs a, b and c above. e. In-Structure Pazking. In-Structure Pazkingrefers to at-grade or partially above or below grade pazking azeas partially enclosed and with a complete structural roof supporting other uses. f. Esplanades. Esplanades refer to apedestrian-oriented urban streetscape environment with limited vehiculaz circulation. Use of the right-of--way is encouraged for special outdoor events and limited commercial activity associated with pedestrian circulation, limited service deliveries, public outdoor eating or resting areas to serve the adjacent commercial uses, and limited outdoor eating or resting activities on a temporary basis associated with adj acent food service establishments. Private commercial uses will be limited to business hours only. g. Administrative and Professional Services. Administrative and Professional Services refers to offices of private firms or organizations or public or quasi-public organizations which are primarily used for the provision of professional, executive, management or administrative services. Any drive-up service is specifically prohibited. h. Business Support Services. Business Support Services refers to establishments primarily engaged in the provision of services of a clerical, employment, protective or minor processing nature to firms, rather than individuals, and where the storage of goods other than samples is prohibited. Typical uses include secretarial services, telephone answering services, or blueprint duplicating services. i. Sports and Recreation. Sports and Recreation refers to establishments or places primarily engaged in the provision of sports or recreation by and for participants. Any spectators would be incidental and on anon-recurring basis. Included in Sports and Recreation Use are those conducted within an enclosed space of four thousand (4,000) .square feet or less. Typical uses include athletic clubs or physical fitness centers, including personal massage when accessory to a principal use. j. Finance, Insurance and Real Estate Services. Finance, Insurance and Real Estate Services refers to establishments primarily engaged in the provision of financial, insurance, real estate or securities brokerage services. Typical uses include banks, insurance agencies or real estate firms. k. Medical Services. Medical .Services refers to establishments primarily engaged in the provision of personal health services including prevention, diagnoses and treatment or rehabilitation services provided by physicians, dentists, nurses and other health personnel, as well as the provision of medical testing and analysis services, but excludes those classified as any public use type. Typical uses include "drop-in clinics," medical and dental ofTices, dental laboratories, or health maintenance organizations. 1. Personal and Repair Services. Personal and Repair Services refers to establishments primarily engaged in the provision of informational, instructional personal improvement, provision of laundering, dry cleaning or dyeing services as personal services and similar services of anon-professional nature, and to establishments primarily engaged in the provision of repair services to individuals and households, rather than firms, but excludes services classified as Entertainment or Transient Habitation, industrial laundry services, laundry agencies, diaper services, or linen supply services. Typical uses include photography studios, driving schools or reducing salons, dry cleaners, laundries, self-service Laundromats, barbershops .and hair salons, apparel repair firms or musical instrument repair £-rms. 2. Conditionally Permitted Commercial Uses. The following uses shall be permitted, subject to the approval of a conditional use permit and subject to the conditions and required showings of Section 18.66 ("Conditional Use Pemuts). .. a irSC ' r~_____ _____ ..+ ... n___ r•__ .,. ....~..,,.., :..~~u«~~ a~,u i:~a~ ,~nracc Jcrv-tees-r'ttrart r__.._ cc~~~r _. ~ aaccana~c . carLSia~c ' ftrlTis > > e t > , • , a. Temporary Real Estate Mazketing Offices. Real Estate Mazketing Offices refers to the offices and ancillary facilities to promote the sale, lease or rental of the development included within the Specific Plan Area. b. Temporary Construction Contractor's Offices. Construction Contractor's Offices refers to the temporary on-site construction offices used by the general contractor for the various development projects within the Specific Plan Area. c. Sale of alcoholic beverages for consumption on-premises or off-premises. 3. Prohibited Commercial Uses. Retail uses classified as Agricultural Supplies and Services, Animal Sales and Services, Automotive and Equipment, Business Equipment Sales and Services, Construction Sales and Services, Gasoline Sales and Services, and drive-up service, shall not be permitted." SECTION 3. That except as expressly amended herein, Ordinance No. 5161, as previously amended, shall remain in full force and effect. SECTION 4. SEVERABILTTY The City Council ofthe City of Anaheim hereby declares that should any section, paragraph, sentence of word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed al] other portions of this ordinance independent of the elimination herefrom of any such portion as maybe declared invalid. SECTION 5. SAVINGS CLAUSE Neither adoption of this ordinance nor the repeat of any other ordinance of this City shall in any manner affect the prosecution for violations and ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they aze substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatement and continuations, and not as new enactments. SECTION 6. PENALTY It shall be unlawful for any person, fum or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, fum or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a sepazate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, and shall be punishable therefore as provided for in this ordinance. 7 THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the day of , 2004, and thereaRer passed and adopted: at_ a regular meeting of said City Council held on the day of , 2004, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 54S03vl~mgordon 8 ITEM N0. 1-B ~~ vE SPVQYi~ t 7 F W W I O = ~ U ~ O ~ o RCL 70.71-0 cuPtn3 ~ a VAR 4034 .~..,~.;Y ~: Variance No- 2004-04608 ~~ Subject Property TRACKING NO. VAR2004-04622 Date: July 12, 2004 Scale: 1" = 200' Requested By: MEG BEATRICE Q.S. No. 113 REQUEST FOR REVIEW OF FINAL ELEVATION PLAN FOR APREVIOUSLY-APPROVED 2-UNIT COMMERCIAL CENTER. 676 South State College Boulevard ^n~iNI A A VE O yu ~n ° O_ U OVI vgm-o NQ ~w °¢z U Ujf ~O KK O ~ O ~I~ w ALDEN AVE RCL 72.73-37 o V W '."s Alnlem to CL N Q ~ CUP 7379 ~ l11 ~ R$-]2DD N < ~ o ¢ 1 DU EACH nw O ~0 1' W RS-7200 RCL 72-73-37 ~ 1 DU EACH as of Intent la CLl i i / cL RESEDA PLACE- RCL 6667.07 '~ ~~4 ~' CUP 866 ~~. T-VAR 2004A4622 ®~ ~~' ~ RS-7200 - k ~ ~~' VAR 20oa64606 1 DU EACH m ~ _ (RCL 63.64x4) m _°_,~~ (CUP 122) "'~ vnc~Arar ® RS-72 ~s.=y 1 DU EA '~ s7 t~ SOUTH STREET Q CL W ~ Rcl.e6~ee-67 ~~ aU 1 tft CUP 2382 J i J CUP B15 9a p- 5.5. ^~ U O ~ I- m RCL8Bb9-1B ~ Q LLf CUP 20W-n/8B3 V CUP110] u~ G = } O J N~~OPOPIN~ O e N~ d n J ewrm "~ N O m~a" m~ ~ m~ a ¢^ U ~°aa~ RCL 071-22 eUU° RS-7200 Q CUP 200404663 VAR 1885 ~ CUP 1264 ~ NEIGHBORHOOD RCL 66$7-71 SHOPPING 1 DU EACH - CENTER I I / 1 1x21 '~A ~ C ~ ppJ (n N B ono ?~ = G m 01~ m CN~E S P~~~ ATTACHMENT - ITEM N0. 1-B RESOLUTION NO. PC2004-62 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 2004-04608 BE GRANTED, IN PART 676 SOUTH STATE COLLEGE BOULEVARD 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 8, 9 AND 10 OF TRACT NO. 2300 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 66, PAGES 35 AND 36 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on 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 variance 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 aii evidence and reports offered at said hearing, does find and determine the following facts: the following: That the petitioner proposes to construct atwo-unit commercial retail building with waivers of (a) SECTION NOS. 18.04:080.010 and 18.04.080.020 (b) SECTION NOS. 18.05.050.022 and 18.44.066.050 (c) SECTION NO. 18.44.063.010 (d) SECTION NO. 18.44.063.040 Reguired dedication .and improvement of Dublic right-of-wav (DELETED) Minimum number of parking spaces 24 required; 23 proposed and recommended by the City Traffic and Transportation Manager) Minimum setback adiacent to an arterial highway C70 feet required; 33=8 feet proposed) Minimum setback adiacent to a residential zone boundary 10 feet fully landscaped required; 4 feet landscaped and 6 feet structural setback proposed.) 2. That the above-mentioned waiver (a), required dedication and improvement of public right- of-way, is hereby denied on the basis that the waiver is not necessary. 3. That the above mentioned waiver (b), minimum number of parking spaces, is hereby granted on the basis of the recommendation of the City Traffic and Transportation Manager and the following findings: "(a) That the waiver, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonable foreseeable conditions of operation of such use. CR\PC2004-062 -1- PC2004-62 The parking letter and letter of operation indicates that the project would contain a sufficient supply of parking spaces to accommodate the commercial uses proposed on site. (b) That the waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. The parking survey and the analysis for the project indicate that sufficient off-street parking is provided so that the adjacent public street parking would not be necessary (peak demand would require 15 spaces, and 23 spaces would be provided). (c) That the waiver, under the conditions imposed, will not increase the demand for parking spaces upon adjacent private property in the immediate vicinity of the proposed use. The parking letter has determined that sufficient off-street parking is provided so that the parking would not be necessary on adjacent private properties (peak demand would require 15 spaces and 23 spaces would be provided). (d) That the waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for such use. The project will not cause increased traffic congestion within off-street parking areas of the site because the peak demand is projected to consist of a maximum of 15 vehicles. (e) That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. Sufficient parking would be provided on the project site to accommodate the generated demand from on site commercial uses." 4. That the above-mentioned waivers (c), minimum setback adjacent to an arterial highway and (d) minimum setback adjacent to a residential zone boundary, are hereby granted on basis that the strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity because the subject property is adjacent to two (2) arterial highways on the south and west property lines (increasing the land area dedicated to landscaping and setbacks) and residential zone boundaries to the north and east, thereby limiting the placement of the commercial building (due to height limitations adjacent to single family residential) and that the location of this property adjacent to residential uses and two arterial highways results in a special circumstance that does not apply to other properties in the vicinity. 5. That there are other properties in the vicinity under identical zoning classification that'have setbacks similar to this proposal and therefore, the failure to grant waivers (c) and (d) would deprive the petitioner of privileges enjoyed by other properties in the vicinity. 6. That the requested variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the property in question. 7. That the requested variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located.. 8. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition; one person was present and was not opposed to the proposal provided it was constructed in accordance with submitted exhibits. CALIFORNIA ENVIRONMF=NTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to waive the (a) required dedication and improvement of public right- -2- PC2004-62 of-way, (b) minimum number of parking spaces, (c) minimum setback adjacent to an arterial highway, and (d) minimum setback adjacent to a residential zone boundary to construct a two-unit commercial retail building on arectangularly-shaped, 0.42-acre property located at the northeast corner of State College Boulevard '° and South Street, 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 andany 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: That no convenience markets and/or retail sales of alcoholic beverages shall be permitted unless a separate conditional use permit is approved by the Planning Commission. 2. That no video, electronic or other amusement devices shall be permitted on the premises. 3. That all public phones shall be located inside the building. 4. 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. 5. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 6. That no roof-mounted balloons or other inflatable devices shall be permitted on the property. 7. That no outdoor vending machines shall be permitted on the property. 8. That 4-foot-high street address numbers shall be displayed on the roof of the building in a color that contrasts with the roof material. The numbers shall not be visible from the streets or adjacent properties. Said information shall be specifically shown on plans submitted for building permits. 9. That there shall be no outdoor storage permitted on the premises. 10. That roof-mounted equipment shall be screened from view in accordance with the requirements of Anaheim Municipal Code Section 18.44.030.120 pertaining to the CL (Commercial, Limited) Zone. Said information shall be specifically shown on plans submitted for building permits. 11. That the property shall be permanently maintained in an orderly fashion by the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 12. That the number of tenant spaces for this building shall be limited to two (2). Said information shall be specifically shown on plans submitted for building permits. 13. That landscape improvements along State College Boulevard shall be consistent with the State College Corridor Master Plan. Said information shall be specifically shown on plans submitted for building permits. -3- PC2004-62 14. That final sign plans for the monument and wall signs shall be submitted to the Zoning Division for review and approval. Said plans shall incorporate the stone treatment identical to the treatment utilized on the commercial building, an 18-inch high base including 9-inch high address letters, and a decorative cornice treatment along the full length of the monument sign. The final sign plans shall reflect the location of any monument sign outside the sight-distance triangle at the intersection of South Street and State College Boulevard. Any decision made by staff regarding said sign plans may be appealed to the Planning Commission as a "Reports and Recommendation" item. 15. That plans submitted fpr building permits shall reflect a decorative smooth pavement treatment at the driveway entrances on South Street and State College Boulevard. 16. That final landscape plans shall be submitted to the Zoning Division of the Planning Department for review and approval including the following: • Plans shall indicate three (3) foot wide triangular planters (a total of eight (8)) along the east property line wall to accommodate small shrubs and vines to effectively screen the proposed block wall. Adequate spacing shall be maintained at the base of the wall to direct vines to grow on the exterior (alley-facing) surface of the wall. • Plans shall reflect clinging vines planted three (3) foot on center adjacent to the trash enclosure. • Plans shall reflect the incorporation of 15-gallon shrubs within the proposed planter area along the north elevation of the building. • All on site landscaping, including trees, Shaii be consistent with the State College Corridor Master Pion. • A minimum of ten (10) trees adjacent to State College Boulevard and five (5) adjacent to South Street within the required landscape setbacks. All trees shall be a minimum of 24-inch box in size. Any decision made by staff regarding said final landscape plans may be appealed to the Planning Commission as a "Reports and Recommendaflons° item. 17. That all backflow equipment shall be located above ground and outside of the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. 18. That since this project has a landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed In compliance with Chapter 10.19 of Anaheim Municipal Code No. 5349 regarding water conservation. Said information shall be specifically shown on plans submitted for building permits. 19. That all existing water services and fire .lines shall conform to current Water Service Standards Specifications. Any water service 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. 20. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities Department. 21. 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 -4- PC2004-62 Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 22. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approval. 23. That an on-site trash truck tum-around area shall be provided per Engineering Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits. 24. 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 4601/602 pertaining to parking standards and driveway location. Subject property shall thereupon be developed and maintained in conformance with said plans. 25. That no required parking area should be fenced in or otherwise enclosed for outdoor storage uses. 26. That all driveways shall be constructed to accommodate ten (10) foot radius curb returns in conformance with Engineering Standard No. 137. Said information shall be specifically shown on plans submitted for building permits. 27. That the legal owner of subject property shall provide the City of Anaheim a public utilities easement along/across primary cable underground and around the pad-mounted transformers, switches, capacitors, etc. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 28. That any required relocation of City electrical facilities will be at the property owner's expense. Landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be outside the easement area of the equipment. Said information shall be specifically shown on plans submitted for building permits. 29. 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. • Incorporates Treatment Control BMPs as defined in the DAMP. ® Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. • Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs, and describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. 30. That prior to issuance ofcert'fiicete of occupancy, the applicant shall: Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and spec cations. .Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. -5- PC2004-62 Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 31. That the petitioner shall prepare a cost estimate and make a cash payment in an amount determined by the City Engineer in lieu of the street improvements required along State College Boulevard and South Street. The dedication of additional right-of-way shall still be required with building setbacks measured from the ultimate right-of-way. 32. That the property owner shall irrevocably offer to dedicate to the City of Anaheim an easement 45 feet in width from the centerline of South Street and a comer cut-off at State College Boulevard for street widening purposes. 33, That the City of Anaheim Drainage Impact Mitigation Fee for the Stadium Area shall be paid prior to approval of the grading plan. The fee is currently $ 20,600 /acre. Credit will be applied for the current development. The project architect or engineer must document the existing impervious area and the proposed impervious area. If the impervious area remains the same or decreases, no fee is due. If the impervious area increases, the fee will be proportional to the increase. 34. That a lot line adjustment shall be submitted to merge the existing parcels into one legal lot. The Lot Line Adjustment shall be approved by the City Engineer and recorded in the office of the Orange County Recorder prior to issuance of a building permit. 35. That the storm drains and sanitary sewers for this development shall be privately maintained. 36. That final elevation plans shall be submitted to the Zoning Division for review and approval by Planning Commission as a Reports and Recommendations item. Said plans shall incorporate the ledge stone Vestment along the north, east and south building elevations. 37. That the property owner shall submit a letter requesting termination of Conditional Use Permit No. 868 (to establish an automobile service station within 75' of a residential zone) to the Zoning Division. 38. That the 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 £le with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. 39. That lighting fixtures in any proposed parking area located adjacent to any residential property shall be down-lighted with a maximum height of twelve (12) feet. Said lighting fixtures shall be directed away from adjacent residential property lines to protect the residential integrity of the area (a) and shall be so-specified on the plans submitted for building permits. 40. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials; and, further, such information shall be specifically shown on the plans submitted for building permits. 41. That prior to issuance of a building permit for the first tenant space, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 8, 10, 12, 13, 14, 15, 16, 17, 18, 21, 22, 23, 24, 26, 28, 29, 31, 32, 33, 34, 36, 37, 39 and 40 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. 42. That prior to final building and zoning inspections, Condition No. 30 and 38, above-mentioned, shall be complied with. 43. 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 -6- PC2004-62 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 2, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 16.03, "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. (ORIGINAL SIGNED BY JAMES VANDERBILT-LINARES) CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: (ORIGINAL SIGNED BY ELEANOR MORRIS) 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 2, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2004. (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -7- PC2004-62 ITEM N0. 1-C Figure 1 ~'~ ZCA2004-00032 AMEND THE ZONING CODE TO REPLACE THE (SE) (SPORTS ENTERTAINMENT OVERLAY) ZONE (ORDINANCE NO. 5673 PERTAINING TO CHAPTER 20 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE) WITH THE (PTMU) (PLATINUM TRIANGLE MIXED USE OVERLAY) ZONE. T-MIS2004-00085 APPROVE AS TO THE FORM OF THE PLATINUM TRIANGLE DEVELOPMENT AGREEMENT. T-MIS2004-00082 RESCINp THE .RESOLUTION OF INTENT TO THE (SE) (SPORTS ENTERTAINMENT OVERLAY) ZONE (RESOLUTION NO. PC2000-14). 1409a ®°'®®^q m m The Platinum Triangle Leo®®.~ Date: July 12, 2004 Scale: Graphic ITEM N0. 1-C Figure 2 LJ ~ T-MIS2004-00083 ~,? .- RESCIND THE RESOLUTION APPROVING THE STADIUM MASTER LAND USE PLAN (RESOLUTION NO. 99R-39). Date: July 12, 2004 Scale: Graphic ~®®®®®® T-AflIS2004-00084 9e®e®®C APPROVE THE PLATINUM TRIANGLE MASTER USE PLAN. ITEM N0. 1-C Figure 3 U jo®e®e^ T-RCL2004-00727 mm®®®.C The Platinum Triangle RESOLUTION OF INTENT TO RECLASSIFY PROPERTIES FROM Date: July 12, 2004 THE I (INDUSTRIAL), C-G (GENERAL COMMERCIAL), 0-L Scale: Graphic (LOW INTENSITY OFFICE) AND PR (PUBLIC RECREATION) ZONES TO THE O-H (HIGH INTENSITY OFFICE) ZONE. `~';~~ T-RCL2004-00128 ~r~ RESOLUTION OF INTENT TO RECLASSIFY PROPERTIES FROM THE I (INDUSTRIAL) ZONE TO O-L (LOW INTENSITY OFFICE) ZONE. 1418 ITEM N0. 1-C Figure 4 T-RCL2004-00129 da®..®® RECLASSIFY PROPERTIES FROM: o (A) I (INDUSTRIAL) ZONE TO I (PTMU) (INDUSTRIAL - ~'~~®®®® ~"~ PLATINUM TRIANGLE MIXED USE OVERLAY) ZONE. (B) O-L (LOW INTENSITY OFFICE) ZONE TO O-L (PTMU) (LOW INTENSITY OFFICE -PLATINUM TRIANGLE MIXED USE OVERLAY) ZONE. (C) PR (PUBLIC RECREATION) ZONE TO PR (PTMU) (PUBLIC RECREATION -PLATINUM TRIANGLE MIXED USE OVERLAY) ZONE. (D) T (TRANSITIONAL) ZONE TOT (PTMU) (TRANSITIONAL - PLATINUM TRIANGLE MIXED USE OVERLAY) ZONE. (E) C-G (GENERAL COMMERCIAL) ZONE TO C-G (PTMU) (GENERAL COMMERCIAL -PLATINUM TRIANGLE MIXED USE OVERLAY) ZONE. The Platinum Triangle Date: July 12, 2004 Scale: Graphic ia~s ITEM N0. 1-C Figure 5 I;~J T-RCL2004-00130 RECLASSIFY PROPERTIES FROM: (A) 1 (SE) (INDUSTRIAL -SPORTS ENTERTAINMENT OVERLAY) ZONE TO I (PTMU) (INDUSTRIAL -PLATINUM TRIANGLE MIXED USE OVERLAY) ZONE. (B) I (SE) (INDUSTRIAL -SPORTS ENTERTAINMENT OVERLAY) ZONE TO O-L (LOW INTENSITY OFFICE) ZONE. (C) O-L (SE) (LOW INTENSITY OFFICE -SPORTS ENTERTAINMENT OVERLAY) ZONE TO O-L (LOW INTENSITY OFFICE) ZONE. ~p®e®aoa m The Platinum Triangle 4®®^a®6 Date: July 12, 2004 Scale: Graphic ITEM N0. 2 O s5 Du CUP 554 CUP 2695 CUP 495 RCL 56-57-41 ~ MADISON CUP 918 VAR 1147 5 CUP 2220 9gUARE'S s.s. ~ LINCOLN-DALE VAR 3702 BELFS7oRAGE coNV. MKT. PLAZA SHOPPING CTR. SMALL SHOP: FAGILITY 8 RETAIL LIQUOR STOR LINCOLN AVENUE - RM-12pp cL RCL 7578-iB CL o4r RCL 83444•]6 RCL r~° VAR 2812 CL 6 RCL81-fi2A8 70.71-18 ~ CUP RCL 26p2-045]] CUP 192 AR 2283 ~~< AR 2228 APTS > fi3.fi4-60 pyy~R 6p 6 . ~ fiDV STATE - 1-12 BOYS CUP 3d52 FARM CUP 1433 - INS. DNOALE! CL ~ CENTER RCL fi3-64-80 c RM-1200 RCL 60.fi7-12 RCL 70-71-16 sHDps VAR 2207 VILLA DEL SOL RM-lzpp APARTMENTS RCL 84.65-23 1DU ~ RM-1200 207 DU RM-lzpa Q 75-76-18 RVAR 346s923 ' W J 63-64-76 240 RCL 61-62-66 r., - r ~ '~ "` 0 CUP 182 '" ' ~' z R&A-43 000 ; VAR 1856 , ~ ~,.'.:~RCL 2004-00123 ; APTS. ~ ~ ' CUP 2004 04856 52 DU 7TM 16591 y - 1 DU ~4. l`;.vr i.~Y ~ ~V: RM-1200 RCL 81-82-18 RM-1200 V APARTMENTS 16DU CARBON CREEK CHANNEL RS-A-43,000 SCHWEITZER ELEMENTARY SCHOOL T 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 -REQUES T TO ESTABLISH A 1-LOT, 14-UNIT SEMI-ATTACHED RESIDENTIAL CONDOMINIUM SUBDIVISION. 135 South Dale Avenue 1370 cL RCL CLIMMP) 63-64-1p0 R RCL RCL CUP 4111 60.67167 7I-72-0B 59-60.53 2864-64630 RS-A-43,600 66-61-107 CUP 29p4. CUP 2765 CUP 1252 MDBILE CUP 2633 CUP 346 ' ANAHEIM VAR 2641 HOME CUP 246 BOB S NATIONAL BUDDHIST PARK ADJ 6158 BURGERS INN TEMPLE M061E PARK RS-A-43,000(MHP) RCL 82-83-26 CUP 2033 CUP 35 WESTERN SKIES MOBILEHOME ESTATES I l Rs-A-43,000(MHP) RCL 87.8&43 RCL 58-89.49 CUP 3059 VAR 3772 CARBON CREEK CHANNEL RS-7200 VAR 1978 RS= 1 U EACH 1 DU TOLA AVE J a RS-7200 g RCL 67-68-72 VAR 1s7e O RS-72 1 DU EACH ~ 1 DU E/ ROJAN PL Lt.l Z W ~_ ,~. ~ ~ ,....a.M.. d ._.__... .~.... ~. ~~~ ~" ~ ~' ~' ! ~1 ~, ,~ 9f Yc Y ~ Y f ~~ty ? h~ t ~' ~ ' v ~f dy tv Staff Report to the ? Plannirig Commission July 12; 2004 Item No: 2 2a. CEQANEGATIVE'DECLARATION (Motion) 2b. RECLASSIFICATION NO' 2004-00123> (Resolution) 2c. WAIVER OF CODEREQUIREMENT (Motion) 2d. :CONDITIONAL USE'PERMIT N0.2004-04856 (Resolution) 2e. TENTATIVE TRACT MAP! 16691 (Motion): SITE LOCATION AND DESCRIPTION (1) This rectangularly-shaped, 0,84-acre property has a frontage of 148 feet'pn the west side of Dale Avenue, a maximum depth of 240 feet and is located 410 feet south of the ' centerline of Lincoln Avenue (135 Southbale Avenue). REQUEST: ' (2) The petitioner requests approval of the fallowing: (a) Reclassificatiori No. 2004-00123 - to reclassify this property from the "T' (Transition) formerly RS-A-43,000 (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 of Code Section No. 18.32:050.004 with waiver of the following: SECTION N0. 18.32:065.011 Minimum distancebetween buildings. (25 feet requiretl 21.5 feefproposed)? (c) Tentative Tract Map Na 16691 -to`establish a 1-lot, 14-unitsemi-attached residential condominiumsubdivision. BACKGROUND: (3) This item was continued from the June'14, and June 28, 2004, Commission meetings to allow the petitioner time to submit revised plans and submit a sewer capacity study. (4) This property is developed with'a single-family residence. The Anaheim General Plan Land Use Element Map currently designates this property for Corridor Residential Land use. The Anaheim General Plan Land Use Element Map designates properties to the north and south fo(Corridor Residential Land Uses, properties'to the east across Daie Avenuefor Residential Low-Medium land uses, and properties to the west`for Residential Medium Land uses: This prdpertv was formerlVdesionated for Medium Densit/ Residential land 'uses prior to the recent Generaf Pian update. PREVIOUS ZONING ACTIONS: (5) There are no previous zoning actions pertaining to this property. Sr5102Jr Page 1 Staff Report to the Planning Commission July 17,2004 ' Item Nb: 2 DEVELOPMENT PROPOSAL: (6) The petitioner is requesting reclassification of the property from the "T' zone to the RM-3 (utilizing he RM-2400 zone standards};h connection with a conditional use permit and _ tentative ract map o construct a one lot; 14-unit semi-attached residential condominium subdivision. The site plan (Exhibit No:`1) and tentative tract map indicate the following site characteristics: Develppment Standards Proposed Project RM-2400 Zone Standards Site Area 0.84 acres: 36;590 s.f. N/A Number of UUielitn Units 14 dwellin units?. 15 units maximum Avera a Land'Area er UniG 2,614's.f. 2,400 s.f. minimum Lot Covera a 39.02% 40°/d maximum Average Recreational Leisure Area erDwellin Unit 753 s:f: per unit 10,542 s.f. total 750 s.f. perunit minimum 10,500 s.f:;total (7) 'The site plan (Exhibit No. 1) and tentative map indicate the following site characteristics: Direction Proposed Structural Setbacks Code•Required; Adjacent Zoning Structural Setbacks Rwt-a4oo .North (adjacent tosingle- 12 feet structural 12 feet structural RM-4 'family resltlence) cc 0 feet landsca ed 0 feeflandsca ed East (adjacent to Dale ? 20 feeYstructural ' 20 feet structural; N/A 'Avenue) Full landsca ed ' full landsca ed' 'South. (adjacent to 12 feefstructuraC 12,feet structural RM-4 ' multiple-family residences) 0 feet landsca ed 0 feet andsca ed West (adjacent to 11 feefstructural 10 feet structural RM-4 multiple-family residences) 0 feetlandsca ed' 0 feel andsca ed (8) ,The site plan further indicates a setback of 21.5 feet, to 23.5 feet, between Buildings 3, 4, and 5 of the condominium residences. Code requires a minimum of 25!feet between these structures. The siteplan indicates the existing 6-foot block wall along the south and west propertyJines would be extended along the north property line. Interior wooden fences would be constructed to create private,yards for ten of the fourteen resdencesJNo fences or walls are proposed within the required street setback along Dale Avenue. Concrete brick pavers would be incorporated into the driveway entry as a decorative treatment. Code permits fences at a maximum of three feet in height within the required front yard setback and a maximum height of six feet within al[ other required yards. (9) 'Vehicular access is provided via a private drive from Dale Avenue. The site plan indicates ' 42 parking spaces available within the subdivision with three (3) spaces provided for each unit (2 spaces within a garage and 1 in an uncovered parking: area) (total 14 spaces open ' and 28 ehclosed)s Code requires a total'of 42 parking spaces (28 covered) based'on the requirement of three (3) spaces fora 3-tiedroom unit (3 x 14 units = 42 spaces): The petitioner does nofpropose any gates across the ehtry to the"private drive. Page 2' Staff Report to the Plaririing Commission July 12; 2004 Item Nd'2 (10) The floor plans (Exhibit Nos. 2„ 3, and 4) indicate 2-story units consisting'bf a greaf room, dining area, kitchefi, laundry/service room balcony and porch with an attached 2-car garage in four (4) models as follows: :Plan No. of Units 'Living Area No. Of First Floor with.: garage ! Bedrooms Second Floor Bathrooms ; Total `A 4 r1;300'square feet 3 Bedrooms `812 square feet 3 Bathrooms 2112 s uare feet B 4 1;163 square feet 3 Bedrooms 753 square feet 2.5 Bathrooms `' 1',916 s uare feet C 4 549 squatefieet 3 Bedrooms ..1;267 square feat 2 bathrooms 1;816 s uare feet D 2 ;1,039 square feet 3 Bedrooms 964 square feet 2:5 Bathrooms 2;003 s uare'feet (11) Elevation drawings (Exhibit No: 5) indicate four elevation designs proposed for the building5(Buildings 1'2, 3 and 5 would be identical)' Plans indicate that each of thel condominium buildings are 2-story structures with French Normandy style architecture. Elevation drawings for Buildings;l, 2, 5, and Building'3 Reversed indicate concrete the roofs, stucco finished`exteriorwolls with the use of stone veneer, wood shutters, and decorative stucco articulation around the windows and doors. These buildings would have a 30-foot high decorative tower element to frame the entryways into the building that would 'be completely finished with stone veneer up to the fascia board The building elevations 'facing DaleAvenue would consist of two buildings (the left and right elevations would face 'Dale Avenue). The building oh the left would contain he towerelement and a secondary gable adjacent to the'nterior of the garage'. Wood shutters, decorative foam around the windows and doors, and the use of stone veneer would also be'incorporated into this elevation. The building on the right would"contain a gable to frame both entryways on this elevation and would jncorporate`decoratfve trim around the windows and `doors and'stone veneer on the garageand the full heightof the gable: The elevation drawings for Building 4 incorporate the use of the same materials'as the other buildings, with gable at the entryways and one of the garage doors, and with stone veneerapplied the full heightof the `gable. The garage door openings would face the interior of the development and would not 'be visible from Dale Avenue. Wrought iron railing and wood paneling would be used for the balconies proposed tfiroughout the development. No color scheme or materials board has been submitted with this request. (12) .The conceptual landscape plan'(Exhibit No. 1) indicates two (2) Italian Stone Pines; four (4) Tristania Laurina trees, as well as shrubs and sod to be planted along Dale Averiue: Code requires a minimum of 1 tree per 20 lineaffeet of frontage for a'total of 8 bees. The plan 'also indicates five (5)'' Italian Stone Pines, sixteen (16) Tristania Laurina trees, as well as 'shrubs and sod to be(planted along the perimeter and interior parking area of the subdivisibn. The plan:. also shows small planter boxes. planted with Jasmine located'; Page 3 Staff Report to the Planning Commission JuIy:12, 2004 Item No. 2 between3he garage door entrances on each side bf the private drive. The plan does not indicate ahe size of anv of thebrooosed landscaping. ENVIRONMENTAL IMPACT ANALYSIS: (13) 'Staff has' reviewed ahe proposal and the Initial Study (a copy: of which is available for review, in the Planning Department) ;and finds no significant environmental impact and, therefore, recommends that a Negative Declaration be approved upon`a finding: by the Planning Commission that the Negative Declaration reflects the independent judgment of he lead agency; snd that it has considered the`proposed Negative'Declaration ogether with any comments received during the publidreview process and further finding on the basis pf the Initial Study and any comments received thatthere is no substantial evidence that the project will have a significanteffect on ahe environment. GROWTH MANAGEMENT'ELEMENT ANALYSIS: (14) The proposed project has been reviewed by affected City departments to determine whether. it conforms with the City's Growth Management Element adopted by the City Council en May 25 2004. Based on City staff review of the proposed project, it has been determined that this project does noffit within the scope necessary to Yequire a Growth Management Element analysis, therefore, no analysis has been perfprmed. EVALUATION:` (15) 'The Anaheim General Plan Land Use Element Map designates this property for Corridor Residential land uses, with a density range of up to 13 dwelling units per acre. Because this application was filed and`deemed complete prior to the effective date of the updated General Plan, the former General Plan Designation (Medium) Density Residential) land uses, with a density range of 0 to 36 dwelling units. per acre will be utilized in evaluating the permitted density of this property. The petitioner proposes 14 semi-attached residential condominium dwelling units at a density,of 16.7 dwelling units per acre: The proposed semi-attached residential condominium tlevelopment proposal would tie compatible with the existing multiple family residential developments to the south and west, as well as any future development on the multiple-family zoned (RM-4) property to the north, .The project.': ' is also consistent with the Medium Density Residential land use designation under which this property is being evaluated. (16) The waiver pertains to minimum distance between buildings. Code requires a minimum distance of 25 feet between the building walls between Buildhgs 3 and 4 and Buildings 4 and 5. Plans Indicate a 21.5-foot wide separation between the building:walls. Staff feels that because four of the entryways are not oriented directly toward the opposite unit, and " because`a portion of the building wall is'contained'within aprivate yard`area, the intent of this code section is satisfied. Moreover; the average distance between'all the buildings on site is 37 feet, 9 inches, and the waiver only pertains to the minimum distance between three (3) of the buildings on site. Thesebuilding elevations have a limited number of windows opening into private`living areas within the building.' Because the proposed building separation`provides the sufficient open space and p~Nacy and only pertains tp three (3) of the buildings on site, staff recommends a royal of this waiver. Page 4 Staff Report to the Planning Commissioh 'July 12 2004 Item No. 2` (17) Staff has included standard conditions of approval into the draft resolution: pertaining to site maintenance, landscaping, and site access and circulation. Staff also ihcluded a condition bf approva[tequiring final elevation, landscape, and fencing plans to ensure compliance with the Cotle and to ensure that the building elevations facingDale Avenue are further enhanced. ` (18) The proposed projecfwould provide for ownership housing in furtherance of the City's Housing: Element goats. The General Plan Land Use Map at the time of submittal df this application designated this property for Medium Density Residential land Uses and implemehtation of this project would be consistent with that designation. (19) Staff has not received any public input from neighbors with regard to this`project. Records ihdicate no`open code enforcement activity pertaining to thisproperty. FINDINGS: (20) When practical difficulties or unhecessary hardships result from strict enforcement df the 'Zoning Code, a modification may be granted for the purpose of'assuring that no property, tiecause of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and"zone. The`sole purpose of any`, variance or'code waiver is to prevent discrimination and none shall be approved which would have the effecEOf granting a special privilege not shared by other similar properties, Therefore,'before any variance'br code waiver is granted by the Planning: Commission, it `shall be shown: (a) That there are special circumstances applicable to the property such as size„'shape, topography, location orsurroundirlgs, which do not apply to other identically zoned properties in the vicinlty;'and (b) That strict application of the Zoning Code deprives the property ofprivileges enjoyed by other properties under identical zoning classification in the vicinity. (21) Before thePlanning 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 he Zoning Code, oris an unlisted use as~"defined in Subsectibn .030 (Unlisted Uses Permitted) of Section 18.66:040 (Approved Authority); (b) That the proposed use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed tobe located: (c) That the size and shapebf the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area onto the health and safety; (d) That the traffic generated by the proposed use will not impose ah Undue burden upon the streets and highways designed antl improved to carry the traffic iri the area; and 'Page 5 Staff Report to the Planing Commission July 12;2004 ' Item No: 2 (e) That the granting of the conditional use permit under the conditions imposed, will note be detrimental to the health and safety of the citizens pf the City;of Anaheim. (22) , "The State Subdivision Map Act (Government Code, Section 66473.5)+makes it mandatory to include in all motions approving, or recommending approval of a tract map, a specific finding that the proposed Subdivision together with its design and improvement is consistent with the City's General Plani Further, the law requires that the Commission make any of the following findings when denying.. or recommending tlenial of a tract map: 1. That the proposed map is not consistent with applicable General and Specific Plans. 2. .That the design or improvemenfof the proposed subdivision is not consistent with ' applicable General and Specific Plans. 3. That the site is not physically suitable for ttie type of development. ' 4. That the site is not physically suitable for the proposed density of development. 5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably'njure fish dr wildlife pr their habitat. r 6. That the design of the subdivision or the type of improvements'is likely tdcause serious putilic health' problems. 7. That the design of the subdivision or the type of improvements will conflict with easements; acquired!by the public at large, for access through'or use of property within the proposed. subdivision:" RECOMMENDATION: (23) Staff recommends that unless additional or contrary information is received during the meeting'; and based upon the evidencesubmittedto the Planning Commission; including the evidence presented in this staff report, and oral and written evidence presented at the ' public hearing, that the Planning Commission approve the petitioner's request py adopting the attached resolutions and minute order;including the findings and cbnditipnscontained therein, Page 6 ATTACIIMENT -ITEM N0. 2 SECTION 4 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKJNG WAIVER) REQUEST FOR WANER OF CODE SECTION: 18.3 2 , 0 6 3 , 0 21 (A sepazate statement is required for each Code waiver) PERTAINING TO: N.inimum setback {separation) of buildings Sections 18.03.040.030 and 18.12:060 of the Anaheim Municipal Code require [hat before any variance or Code waiver maybe granted by the Zoning Administrator or Planning Commission, the following shall be shown: That there aze 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 circutstances, 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 amve 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 tnatters such as size, shape, topography, location or surroundings? X Yes _No. 2. 3. 4. If your answer is "Yes," describe the special circumstances: Proposed tmtltiple-building layout allows tmre otoen space between buildings versus lame block of aparttt~nt buildings as the case surrounding on 2 sides of subject property. Less dense RNr2400 zone than surrounding RNI-1200 zone (on 3 sides)is proposed. Similar waiver has been granted in RM-3000 zone Are the special circumstances that apply to the property different from other properties in the vicinity which aze in the same zone as your property? X Yes _No *~ which denser zone is adjacent. If your answer is "yes," describe how the property is different: Nbst entry doors are walls containing entry doors is calculated. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? _Yes X No If your answer if "yes," describe the special circumstances: Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? _Yes XNo 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 shazed by other property in the same vicinity and zone which is not otherwise expressly authorized by zone regulations governing subject property. Use variances aze not permitted. ~. G ' Signat~ire of Property Owner or Autho zed Agent 4-26-04 Date CONDITIONAL USE PERMITNARIANCE NO. DECEMBER 12, 2000 ATTACI-Il`4ENT - LTEM N0. 2 April 14, 2004 K.C. Chang, Architect 1265 Manassero St., Suite 303 Anaheim, CA 92807 ANANEIN THE ONION SPIRIT NIGH - OF S(NOOL '~ LEARNING pISTRIR SIN(EI898 RE: 135 S. Dale St. (14 Residential Condominiums) City of Anaheim Dear Mr. Chang, This letter is in response to your request that the Anaheim Union High School District provide you with certain information relating to school facilities that might potentially serve your subdivision, at 135 S. Dale St., in the City of Anaheim. Your project falls within the current attendance boundaries of Magnolia High School (grades 9-12) and Dale Jr. High School (grades 7-8). However, due to enrollment growth in many areas of the District, future boundary changes may be necessary. Therefore, we wish to advise you that, as of the date of this letter, the Board of Trustees of the Anaheim Union High School District has made no determination as to which of its school facilities might be available to serve your project at 135 S. Dale St. at the time of the subdivision's completion and occupancy. If you have any questions, please call me at (714) 999-2188. Sincerely, Gordon Getchel Director Facilities & Planning tk Facilities and Planning 501 Crescent Way • Post Office Box 3520 Anaheim • California 92803.3520 Tel: 714.999.2188 Fax: 714.520-5741 CUP N0. 2004 -0 4 8 5 6 [DRAFT] RESOLUTION NO. PC2004--** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION ,_ _ THAT PETITION FOR RECLASSIFICATION NO. 2004-00123 BE GRANTED (135 SOUTH DALE AVENUE) 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: THE SOUTH 148 FEET OF THE EAST 4 ACRES OF THE NORTH 10 ACRES OF THE EAST 13 ACRES OF THE NORTH 18 ACRES OF THE EAST 30 ACRES OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN. 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 by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed reclassification and to investigate and make findings and recommendations rn connection therewith; and that said public hearing was continued to the June 28 and July 12, 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 petitioner proposes reclassification of subject property from the T (Transitional) Zone to the RM-3 (Multiple-Family Residential) zone or less intense zone. 2. That the proposed" reclassification of subject property is necessary and/or desirable for the orderly and proper development of the community. 3. That the proposed reclassification of subject property does properly relate to the zones and their permitted uses locally estatiiished in close proximity to subject property and to the zones and their permitted uses generally established throughout the community. 4. That the Ciry Council by its Resolution No. 2004R-95 did update the Anaheim General Plan including the Land Use Element changing the land use designation for the"property from Medium Density Residential to Corridor Residential; and that said Resolution contains a provision allowing projects that require zoning entitlements for which a complete development application has been received by 5 p.m. on July 8, 2004, to proceed utilizing the prior land use designation far the property provided that such entitlement is approved by the Planning Commission and a building permit issued and construction commenced and completed within 365 days unless said time limit rs extended by the Chief Building Official; and that a complete development application for this project was received on May 7, 2004. 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 reclassify this property from the T zone to the RM-3 (Multiple-Family, Residential) or less intense zone and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that rt 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 rs no substantial evidence that the project will have a significant effect on the environment. C R\PC2004-0 -1- PC2004- 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 Anaheim Municipal Code to exclude the above-described property from the T Zane and to incorporate said ----- described property into the RM-3 Zone upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of subject property 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 subject property, a preliminary title repprt shall be furnished to khe Zoning Division showing the legal vesting of title, a legal description and containing a map of the property. 2. That the applicant shall be responsible for paying all charges related to the processing of this discretionary application within 30 days of the issuance of a final invoice or prior to issuance of a building permit, whichever occurs first. Failure to pay charges shall result in delays in the issuance of required permits or the revocation of this entitlement. 3. That prior to placement of an ordinance rezoning subject property on an agenda for City Council consideration, Condition No. 1,above-mentioned, shall be completed. The City Council may approve or disapprove a zoning ordinance at its discretion. If the ordinance is disapproved, the procedure set forth in Anaheim Municipal Code Section 18.03.085 shall apply. The provisions or rights granted by this resolution shall become null and void by action of the Planning Commission unless said conditions are complied with within one (1) year from the date of this resolution, or such further time as the Planning Commission may grant. 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 17, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) -2- PC2004- I, Pat Chandler, Senior Secretary of the Anaheim Ciry 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: 2004. IN WITNESS WHEREOF, I have hereunto set my hand this day of SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3- PC2004- [DRAFT] RESOLUTION NO. PC2004--' A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04656 BE GRANTED (135 SOUTH DALE 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: THE SOUTH 148 FEET OF THE EAST 4 ACRES OF THE NORTH 10 ACRES OF THE EAST 13 ACRES OF THE NORTH 18 AORES OF THE EAST 30 ACRES OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN. 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 by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the June 28 and July 12 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 Section No. 18.32.050.004 to construct a 14-unit semi-attached residential condominium complex under authority of Code Section No. 18.32.050.004 with waiver of the following: SECTION NO. 18.32.065.011 Minimum distance between buildings. (25 feet required; 21 feet proposed) 2. That because four of the entryways are not oriented directly toward the opposite unit, and because a portion of the building wall is contained within a private yard area, the intent of this code section is satisfied. These building elevations have a limited number pf windows opening into private living areas within the building thereby providing sufficient open space and privacy; 3. That strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity in that said waiver'has been granted for similar multiple-family residential projects; 4. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located as the complex would be consistent with the existing apartment complexes to the south and west; 5. That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare; 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 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; and Cr\PC2004-0 -1- PC2004- 8. That *** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to construct a 14-unit semi-attached residential condominium complex with waiver of minimum distance between buildings and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That a landscape plan be submitted for review and approval by the Zoning Division. Said plan shall indicate a layered landscape theme incorporating groundcover, shrubs and eight, 24-inch box sized trees to be planted along the frontage of Dale Avenue. 2. 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 areas in a manner fully screened from all public streets and alleys. Said information shall be shown on plans and approved by Water Engineering and Cross Connection Control Inspector before submittal for building permits. 3. 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. 4. That all requests for new water services or fire tines, as well as any modifications, relocations, or abandonment of existing water services and fire Tines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department 5. That all existing water services and fire tines shall conform to current Water Services Standards and Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use if necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible far the casts to upgrade or to abandon any water service fire line. 6. That the legal property owner shall irrevocable offer to dedicate to the City of Anaheim (Water Engineering Division) an Easement twenty (20) feet in width for water service mains and/or an Easement for large meters and other public water facilities. 7. That prior to applying for water meters, fire line or submitting the water improvement plans for approval, the developer/owner shall submit to the Public Utilities Water Engineering and 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. -2- PC2004- 8. That prior to rendering water service, the developer/owner shall submit a set of improvement plan for Public Utilities Water Engineering review and approval in determining the conditions necessary for providing water service to the project. 9. That water improvement plans shall be submitted to the Water Engineering Division for approval and a performance bond in the amount approved by the City Engineer and form approved by the City Attorney shall be posted with the City of Anaheim. 10. That individual water service and/or fire line connections will be required for each parcel or residential, commercial, industrial unit per Rule 18 of the City pf Anaheim's Water Rates, Rules and Regulations. 11. 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. Installation of any gates shall conform to Engineering Standard Plan No. 475 and shall be subject to the review and approval of the Ciry Traffic and Transportation Manager. Said information shall be specifically shown on plans submitted for building permits. 12. 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 470 pertaining to parking standards and driveway location. Subject property shall thereupon be developed and maintained in accordance with said plans. 13. That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 115. Said information shall be specifically shown on plans submitted for building permits. 14. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 15. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits. 16. That trash storage areas shall be provided and:maintained in a location acceptable to the Public Works Department and in accordance with approved plans on file with said Department. 17. 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. 18. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits.. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments. 19. 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 for building permits. 20. That the legal property owner shall provide the City of Anaheim with a public utilities easement alonglacross high voltage lines, low voltage tines, crossing private property and around all pad- mounted transformers, switches, capacitors, etc. 21. 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. -3- PC2004- 22. That prior to issuance of a building permit, the City of Anaheim Sewer Impact Mitigation fee for the Combined West Anaheim, Zone A area shall be paid. The mitigation fee is currently $199/ unit for residential developments. 23. That all air conditioning facilities and other ground-mounted equipment shall be properly shielded from view and sound buffered from adjacent residential properties. Such information shall be specirically shown on the plans submitted for building permits. 24. 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. 25. 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. 26. That this Conditional Use Permit is granted subject to approval and recordation of Tentative Tract Map No. 16691, and finalization of Reclassification No. 2004-00123 now pending. 27. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 5, and as conditioned herein. 28. That final elevation plans showing additional architectural enhancements to the elevations facing Dale Street shall be submitted to the Zoning Division for review and approval. Any decision by the Zoning Division may be appealed to the Planning Commission or Ciry Council. 29. 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, 6, 7, 9, 11, 12, 13, 15, 17, 18, 20, 21, 22, 23, 24, 26 and 28, 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. 30. That prior to final building and zoning inspections, Condition No. 27, above-mentioned, shall be complied with. 31. That the applicant shall be responsible for paying all charges related to the processing of this discretionary application within 30 days of the issuance of a final invoice or prior to issuance of a building permit, whichever occurs first. Failure to pay charges shall result in delays in the issuance of required permits or the revocation of this entitlement. 32. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 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. -4- 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 18.60, "Procedures" of the ,, Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON., ANAHEIM CITY PLANNING COMMISSION ATTEST: 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 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 ~LANN~NG p3EPAIl~'PMEl~1' July 12, 2004 KC Chang, Prominence, Inc. 1265 North Manassero Street #303 Anaheim, CA 92807 Following is an excerpt from the minutes of the Anaheim City Planning Commission meeting of July 12, 2004. 2a. CEQA NEGATIVE DECLARATION 2b. RECLASSIFICATION NO. 2004-00123 2c. WAIVER OF CODE REQUIREMENT 2d. CONDITIONAL USE PERMIT N0.2004-04856 2e. 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 reclassification of the property from the T (Transitional) zone to the RM-3 {Multiple-Family Residential) 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. 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 1-lot, 14-unit semi-attached residential condominium subdivision, and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. 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. 16691 based on the following conditions: That the property owner/developer shall provide the City of Anaheim with a public utilities easement to be determined as electrical design is completed. www.anahaim.net 2. That all condominium units shall be assigned street addresses and that the street name for the private street (if requested by the developer or required by the City) shall be submitted to and approved by the Building Division. 200 Sou[h Anaheim Boulevard P.D. Boz 3222 Anaheim, California 92603 TEL (714) 765-5139 3. That prior to final tract map approval, Conditional Use Permit tJo. 2004-04856 shall be ^ - granted and Reclassification No. 2004-00123 shall be finalized. 4. That final map to record the division of the subject property 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. 5. That a maintenance covenant shall be submitted to the Public Works Department, Subdivision Section and approved by the City Attorney's office. The covenant shall include provisions for maintenance of private facilities, including compliance with approved Water Quality Management Plan, maintenance exhibit, common area landscaping and building maintenance. The covenant shall be recorded concurrently with the final map. 6. The legal property owner shall execute a Subdivision Agreement, in a form approved by the City Attorney, 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 and approved by the City Attorney and Ciry Engineer and then recorded concurrently with the final map. 7. 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 Ouality Management Plan that: • Addresses Site Design Best Management .Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. ® Incorporates Treatment Control BMPs as defined in the DAMP. • Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. • Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs, and describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. 8. Prior to issuance of certificate of occupancy, the applicant shall: • Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP, • Demonstrate that an .adequate number of copies of the approved Project WQMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 9. The vehicular access rights to Dale Avenue, except at street intersections, shall be released and relinquished to the City of Anaheim. 10. The streets, sanitary sewer and storm drains for this development shall be privately maintained. On-site parking is allowed only in designated parking stalls. The improvement plans shall either include no parking signs or red curbs to identify the parking restriction. 11. That prior to issuance of a building permit, the City of Anaheim Sewer Impact Mitigation fee for the Combined West Anaheim, Zone A area shall be paid. The mitigation fee is currently $199/ unit for residential developments. 12. That prior to final tract map approval, Condition Nos. 1, 2, 3, 5, 6 and 9, above- mentioned, shall be complied with. 13. 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, Elly Morris, Senior Secretary Anaheim City Planning Commission CR DM.doc ITEM N0. 3 I I I I I I I I I I~_____________J RM-1000 RM-1000 RCL 97A8-15 RCL 82-83-04 CUP 4009 VAR 3306 VACANT APARTMENT: ;~ CL :w RCL 61b2-12 ¢ CUP 4029 CUP 3682 CUP 1372 ~~ VAR 1534 8 VAR 1412 PCN 9803 BEACH-LINCOLN PLAZA rn w K O N ]: ~ N~QQ m w y m~ 3 ~"° u: w w 0 it Conditional Use Permit No. 2004-04852 Requested By: CEDAR MOUNTAIN, LLC REQUEST TO PERMIT A NIGHTCLUB. F ~'m n Jn U RM-1200 RCL 63-64-36 ~ CUP 479 Q 20 DU U o: w 0 U S RM-1200 2 RCL 63-64-36 ¢ CUP 479 y 18 DU (READVERTISED) 2916 West Lincoln Avenue - EI Ca or Restaurant 1407 - WEST, ANAHEIM COMMERCIAL CORRIDOR POLK AVE j ~ ~ j RS-7200 1 DU EACH RM-1200 1 ~ ~ m RCL 77-76-07. ~ I .RCL 76-77-09-_ 7 v'_I ~ F CL CUP 1643 j ~ ~ W RCL 99-0U-19 VAR 2960 ~ ~ ~ RCL 65bsJ6 VAR 2832 I ~ ~ F T-cUP 2003.-04797 APTS. I I N CUP 2002-0463fi 798 DU 4 ~ ~ CUP 2002-04612 ~ ~ Q T-CUP 2002-04522 I CUP 4189 I I m ~ ~ BEL-AIR CENTER WEST ANAHEIM COMMERCIAL CORRIDORS I LINCOLN AVENUE ® i 315'--~j 89' ~- CL ,: f~;~ ~`": RCL 62-63-95~ , ~ ~~ i mU F- W CL RCL Sfib9-20 ~ :" "~ m? ' m ~ W RCL 62b3-95 CUP 3196 CUP 3929 mom # ~O-i+ ma 0 ~ U VAR 1561 ~Uf: " ~° oa ~ ~ C P 2949 VAR 934 m(~~ % y 'O U a1 VAR 1561 ~ VAR 843 ~ "~~s? m w RM-1200 F 8 M PLAZA PCN 97-0B SHOPPING CONV CENTER MARKET 2 DU RCL 69-70-02 VAR 2102 APARTMENTS 224 DU RM-1200 RCL 75-76= RCL 63b4-: RCL 61-62a CUP 192 APTS. 8 DU ~s~~+~, Subject Property Date: July 12, 2004 Scale: 1" = 200' Q.S. No. 13 EMBASSY AVE Staff Report to the Planhing Commissioh July 12; 2004 Item No: 3 3a. CEQA NEGATIVE DECLARATION (Motion for continuance) 3b: CONDITIONAL USE PERMITNO: 2004-04852'fREADVERTISED) SITE LOCATION AND DESCRIPTION: (1) This irregularly-shaped; 0.7-acre property has a frontage. of 89 feet on the south side of Lincoln Avenue, a maximum depthbf 330 feet and is tdcated 315 east of thebenterlinebf Lazore Street (2916 West Lincolh Avenue - Ef Calor Restaurant).:: REQUEST: (2) The petitioner requests approval of a conditional use permit to permit a nightclub under': authority of Code Section 18.08.030.040:0402. BACKGROUND: (3) This property is developed with a restaurant, zoned CG'(Generat Commercial) and located within the West Anaheim'Commercial Corridors Redevelopment Project constituent sub-area of the Anaheim Redevelopment Area. The Land Use Element Map of the Anaheim General Plan designates this property for Corridor Residential land uses. (4) This item was continued frpm the June 28, 2004 Planning Commission meeting in order to allow additional time to readvertise this request to permit a nightclub instead'of a publiCdance hall`under the updatedzoning codes The petitioner, Leon Alexander, has submitted the attached letter dated July 1, 2004, requesting atwo-week continuance of this item to the July 26; 2004 Commission meeting in order to meet with staff and the business owner to discuss thebrime statistics provided by the`Anaheim Police Department. RECOMMENDATION: (5) That the Commission, by motion, continue this item to the July 26, 2004, Planning Commission meeting in order for staff to meet with the petitioner ahd business owner. sr8752av Page 1 1 1 iS L 1 lV V 4 MOHLE R DRIVE 1 DU EACH ~ RS-HS-22,000 ~~~~ RS-HS-22,000 ~ RCL 72-73-51 (37) ~ o ~ "'- RCL 72-73-51 (i6) RCL ~~_ ~~~ RCL 3-07 ~\, F\ \H, 72-73-07 ~ RS- t DU 1,\ HS-22,000 L 1 DU EACH 1 DU ~~ RCL 7 2-73-51 (39) ~\~y ' /' ~ - ~ ~ RCL ~ ~~ ~ ~ 72-73-47 ~ 1 U RS-HS-22;000 ' ~~ ~~~~~ CL 72-73-51 (36 / % ~~~~ ~~~~ RCL 72-73-47\\ L D I l ~~ --~ VAR 3626 \ ~ ,Q ~ ~ VACANT ~~~ ~` VACANT \1 ~ s 6 / / 1 / RF C / / / / Rs-RS-z2,a9o RCL 72-7351 VACANT % i,Q ~ / RCL 72-T3-07 VACANT ~ ._ ~ i DU EACH / ~ v i ~~ % \\\~ / ~i ~~ VACANT '-' p ~ / ~ RCL -~. j ~ ~ '1' 1 DU EACH RCL RS-HS-22,000 CJp / \\'z':Ap \ ~ 9 ~~ SPT2 .CL 72.73-51 (1fi) RCL 72-73-47 \ 0 / \ \ / RS-HS-22,000 V/ EACH _- // \~__ --192~ 1 DU RCL 72-73-51 (36) RS-HS-22,000 _ ~\ -~~ RCL 72-73-47 VACANT ~ RCL 72.73-51 (33) y RS HS-22 00 + ~ ` RC 7 ^ ~` 0 7 0 ~ DU EA H SP 20 04-0000 g~ . ~~ ~ RS-HS-22,000 AA\ : VACANT,. ; ~ VAR 2 01 \\\ RCL 72-73-51 \~\\ - 0 \ ADJ 0059 \ RCL 72.73-07 \ \ 04473 1 DU EACH ~ \ RS-HS-22,000 ~ 1 ~ ~~ ~`__ ~~~~_-_ ___ - RCL 72-73.51 i ~ RCL 72.73.47 --~ \ 1 DU EACH RS-HS-22,()00 VAR 4a07 VAR 44i RCL 72-73 \ ~~- _ RCL 72-73-51 ADJ 0059 RCL 72-73 RS-HS-22,000 ~\ / RCL 72-73-47 ~~- RCL 72-73-51 ~ ~~ RCL 72-73-47 VACANT ~ %~ 1 DU EACH RS-HS-22,000 ~ ADJ 2000- RCL 72-73.51 (13L/ i RCL 72-73-47 // j 00193 1 DU EACH // / \ RS-HS-22,000 1 j \ \\. RCL 72-73-51 (12) 1 DU EACH I i 1 CL_72 347 South Timken Road 1399 Staff Report to the Planning'Commissidn July 12; 2004 ' Item No. 4 4a. ' CEOA NEGATIVEbECLARATION (Motion for withdrawal) 4b. 'SPECIMEN TREE REMOVAL PERMIT N0: 2004-00003 SITE LOCATION ANDbESCRIPTIONi (1) This irregularly-shaped, 0.52-acre property has a frontage of 192 feet on south side of Timken Road, a maximum depth of 114 feet and is located373 feet east of the centerline of Coyote Lane (347 South Timken Road). REQUEST: (2) The petitioner requests approval of a specimen tree'removal permit under authoritypf Code Section 18:18.040.040'to remove bhe (1) specimen tree (Eucalyptus) in order to constructs new single-family residence. '> ' BACKGROUND: j (3) This property is currently vacant and is zoned RH-2 (SC) (Single-Family Hillside Residential; Scenic Corridor Overlay) and the Anaheim General Plan Land Use Element Map designates thisproperty foF Residential Estste land uses:: (4) The petitioner, Pete Volbeda, has submitted the attached letter dated, July 1, 2004,1 '~equestirig a withdrawal of this application due to the changes in the uptlated zoning code pertainingao the dsfihit(on ofs specimerrtree. RECOMMENDATION: (5) That the Planning Commission; by motion, accept the petitioner's request for withdrawal. sr8746av Page 1 07/01/2004 13:40 PETE ARCHITECT Iuly 1, 2004 Giry of Anaheim Planning Department 200 S. Anaheim Blvd Anaheim, Ca 9205 AfSention: Amy Re: Case #2004-00003 (Ponzio/Dion) We hereby request to remove our application for tree permit removal and also we request a refund of any fees. Sincerely, Pete Volbeda, Architect 9093731152 VOLBEDA PAGE 01 ATTACFIMENT -ITEM N0. 4 615 N. BENSON AVE., UNIT C • UPLAND, CA 91786 • PH 909-373-1150 • FAX 909-373-1152 TTFM TTn C VAR 879 APTS. V SHUHS 14 RtS I . I MOTEL TS R RCL RM-1200 CL RCL 56 57-27 RCL 62-63-75 CUP 1357 CUP 373 RCL 56-57-39 VAR 2576 S VAR 619 CUP 1447 APARTMENTS AUTO DEALER CAR WASH 43 DU PAMPAS LANE RS-7200 CL RCL 59-60.713 1 DU EACH VAR 2155 5 SMALL SHOPS R RCI BRENTWOOD PL RCL 59-60-113 V VAR 2155 S APA ADJ 0025 CHIROPRACTIC CLINIC RS-7200 CL :1320 1 DU EACH ' RCL 56-57-39 ~ I- RCL 59 80-173 : ADJ 0101 CUP 2004-048fi6 W CUP 3958 RS-A- , PCN 96-p2 W ~ Y.M.C.A. 43,000 : PCN 96-07 ~ SCW 2004-00025 - E- CL ( 1 ~ N RCL 59-6D-113 CUP 350 (CUP 829 ~ 5 v ~ 45 GIRL (VAR 265 MURG P LAZA RCI SCOUTS tVAR 1Ba3 ~ -~ COMM SHOPS RS-A-03,000 IVAR 1B03 j U . A CUP 542 HOPPIN CENTER ' ~ '~ H M CHURCH ! W RCL 94 95-0fi CL 5 (Res. of ln~. RCL 59{0.11 M '.1CUP 30411 ~ RCL 59-eLO-113 CUP 3082 [ (CUP 2815); CUP 3lfi9 CHURCH C SERV. STN. 8MINI MART 609' BROADWAY H.. (q CL RCL 64f5-115 cL RCL 90.91-24 CL Z RCL 64-65-56 55-56-2 RCL S&5G2 VAR 2353 Z RS_7200 CUP 697 CUP 2575 CUP 3350 RCL 55-Sfi-2 p U Q 1 DU EACH V-700 S OFFICE tL RS-A-03 000 ~ w 5.5. VAR 7005 BUILDING s6v 5TN , CHAPARRAL y > . . VAR 1081 PARK ~ o CL RCL 61-62-56 VAR 2033 S cL ssss-z 55.562 RCL 55.56-2 APPLIANCE VAR 2353 RCL 55.56-2 '. VAR 2353 = STORE BAR SMALL SHOP o U 8 LIDUDR n W 83-84-03 N ~ CUP 2484 K ^ a asx ~,.o~W Conditional Use Permit No. 2004-04866 Subject Property Date: July 12, 2004 Scale: 1" = 200' Requested By: REBECA ROSEMBERG Q.S. No. 47 REQUEST TO CONSTRUCT AFOUR-UNIT COMMERCIAL RETAIL CENTE R (FO OD COURT) AND FREESTANDING DRIVE-THROUGH RESTAURANT ON AN EXISTING COMMERCIAL PROPERTY WITH WAIVER OF MINIMUM NUMBER OF PARKING SPACES. 255 South Euclid Street -Daniel's Furniture laoo Staff Report to the Planning Commission July 1Y, 2004 Item No. 5 Sa. : CEQA NEGATIVE DECLARATION (Motion for continuance) 5b. WAIVER OF CODE REQUIREMENT 5c. `CONDITIONAL USE PERMIT. NO: 2004-04866 SITE LOCATION AND DESCRIPTION: (1) This rectangularly-shaped 6.67-acre property is located at the northwest corner of Euclid Street and Broadway; with frontages of 479 feet on the vvest side df Euclid Street and a frohtage of 609 feet on the north side of Broadway (25S South Euclid Street).:. REQUEST: (2) The petitioner requests approval of a Conditional Use Permit under authority of Code .Section Nos. 18.03.030, 18.44.050.135 and 18.44.050.300 to establish a commercialretail center and`constructa four-unit retail building and freestanding drive-through restaurant on a'commercial propertywith two`existing units with waiver of the following: (a) SECTION NOS. 1$.06.050.0233 AND Minimum number of pa~kino spaces 18:44.066.050 (369 spaces: required; 333 spaces proposed and recommended by the Traffic and Transportation Manager) rBACKGROUND: (3) This property is developed with a furniture stare and adrive-through pharmacy and is zoned CG (General Commercial). The Land Use Element Map bf the Anaheim General Plan designates this property for General Commercial land uses. (4) The petitioner's has submitted the attached letter dated July 7, 2004, requesting atwo- ' week continuance to tfie July 26;2004, Commission meeting in order to advertise an 'additional code waives pertaining to the minimum length of the drive-through lane, which was decreased in order to increase thelandscape tiuffer adjacent to Euclid Street. RECOMMENDATION: (5) That the Commission, by motion., continue this item td the July 26, 2004, Planning Commission meeting in order to ~eadvertise the requested waiver. Sr3074a_ey 'Page 1 FROM FRX ND. : Jul. 07 2004 10:29RM P1 ATTACHBIENT - ITEM N0. 5 5638 Natick Avenue, Van Nuys, CA 81417 Phorre/ Fax 81B-8p8-9941 mail(alorfneniesign com - venx ortneNesian.com July 7, 2004 Elaine Yambao, Planning Department City of Anaheim 200 South Anaheim Blvd., Anaheim, CA 92805 ]tE. 255 South Euclid Street Proposed Food Court and Fast Food Restaurant Drive-tlw Waiver ~Oirtner Design 1 (Via Fax 71M765-5280) Dear Elaine: Per our telephone conversation today, we me requesting a coutmttaoce of the public hearing for the above project originally scheduled for July 12, 2004, due to re-advertisemern. The reason for rc+ advettiseme~ is a new waver application to shorten the length of the proposed drive-tbru due to the staff request to increase the Jandscapc huger zone along Eltclid Avenue. Please feel free ro contact me for any additional information. l want to thank you in advance for you help and look forward to the public hearing on this exciting project ly, Cc Daniel Jtosemberg 714A99-1288; Clara Brandon 909-371-8944; Douglas Nye 714-775-4101 \~ / cur ~vn rw K5-/2UU 51200 N < ~ ~ 1 DU EACH nw ~ RDU ~pGH OFUVE o of 1. ~'o L$EP N m ~ I' RS-7200 pHE oym RCL 72-73-37 Yl 1 DU EACH m ~ ~, (Res of In1eM m CL) RSlEpGH /1DV t ~® ~ RESEDA PLACE tU E R5. ~D D`U Ep,`CH SPVO~ O ~pVER ~ vE OtPNPi o-RSI7200-0 ~-1 DU7EAICH 1 DU EACH I VIKING AVENUE RS-7200 - ~ t864 w Conditional Use Permit No. 2004-04863 Subject Property Date: July 12, 2004 Scale: 1" = 200' Requested By: JERRY KING Q.S. No. 114 REQUEST TO PERMIT AND RETAIN AN AMUSEMENT ARCADE IN CONJUNCTION WITH AN EXISTING RESTAURANT. 726 South State College Boulevard-Zito's Pizza toot w w ~ cL ® RS-7200 RCL 6fi-fi7-0 cuP 668 7 fn t DLI EACH C V AR 2604-04608 ~ r24S4611 ' ) VACANT W UP 133r P RS-72O0 ® iiG R ANIMN- w 1 DU EACH IosPRAL~ ~ cG >2-r3-06 m 'od96 ~-t52'-~ SOUTH STREET cG L 89-90.06 VP 3180 CL - ,^o U RCL 65-66-07 oal '~ CUP 2382 j J ~ W = ~ CUP 015 ai o . d W oU 5.5 au ~' NW Q U F' OU (n ~ W ~^ W RCLfi&6gT0 , d= p ~ ~ J CUP 200404883 CUP 12fi4 ~ ~ ~ J IGUP110]I o, o U = J G Q O ~' (~ IP 1618 Q IVAR 1695) PNEIGHBORH000 ~ ~ o NQUa a ~` W N m SHOPPING ,? W ~ CL TO-Tt-0 0_ CEIJTER rv ° ~ N7 K ~ VAR 22 3 d W n rva i'. 0:0 o m ~' W -. ~,~~ - -t m '¢~- RS-7200 VAR 4034 J v ~ .:'- CL_F.-. _.~ "' " -' _ L 7 94 ( ) , RCL 70 71-22 [- RC 66-6 71 ~~ „ 6 083 CUCUP 1 DU EACH - W 2 GO f - :NEIGHBORHOOD:' '~' Q , SHOPPING M' CEMER ?. ~ -, " rmxrr ran Staff Report to the Planning Commissioh `.July 12;2004 Item No. 6` 6a. CEQA CATEGORICAL EXEMPTION -CLASS 1 (Motion) 6b. CONDITIONAL USE PERMIT N0: 2004-04863 (Resolution)' ' SITE LOCATION AND DESCRIPTION: (1) This irregularly shaped, 3.7-acre property is located south and east of the southeast corner of State CollegeBoulevardand South Streetwith frontages of 48Tfeet on the east side of State College Boulevard and 152 on the south side of South Street (726 South State College; Boulevard - Zito's Pizza); :REQUEST: (2) Thepetitionerrequests approval of a conditional use permit underauthoritybf Code Section 18.08.030 to permitand retain ah amusement arcade in conjunction with ari existing restaurant. BACKGROUND: (3) This property is developed with a shopping center with 6 tenant spaces and'is zoned CG °(Geheral Commercial). The Land'Ust3 Element Map. of the Anaheim General Plan tlesignates this property for Neightibrhood Commercial land uses. (4) Surrounding General Plan land use designations are as follows: Direction Geheral PIanDesi nation ..North (across soutn streeq Residential -Low i East Residential -Low .South Residential -Low West (across state Cortege BoulevaN) t2esidehtial Low -.Medium Northwest:: Nei hbo~hbod Commercial PREVIOUS ZONING ACTIONS: (5) Conditional Use Permit No. 1264 (to permit on-sale beer and wine in conjunction witfi a restaurant with waiver of minimum distance tietween freestanding' igns) was approvetl by the Commission on September 20,:1971. "PROPOSAL: (6) The petitioner requests approval of a conditional use permit to permit and retain an amusement 'arcade in cdnjunctioh with an existing restaurant. (7) The site plan (Exhibit No. 1) indicates that the site is developed with an approximate 35,000 square foot commercial'?etail center consisting of two retail buildings with a total of 5 tenant spaces (one of which is the subject restaurant). Parking is provided mainly' in the middle of the retail center and extends along the frontages of State College Boulevard ahd South Street. No exterior modification to the existing building is proposed. Sr8753gk.doc Page 1 Staff Report to the; Planning Commission '' July 12; 2004 Item No: 6 (8) The submitted floor plan (Exhibit No. 2) indicates a 3;500 square foot restaurant. Ttie plan :indicates storage and restrooms in the rear', kitchen end food preparation area in ttie south portion of the restaurant, a bar and service counter centrally located along the south side of the plan, eleven (11) arcade games in the hortheasFcorner and: adjacentto the restrooms, one (1) arcade game along the wall adjacent to the west entrance and seating throughout the center of the restaurant. The plan indicates the main entrance at the west side of he restaurant'with an additional ertrance at the north side of the building. (9) The letter of operation indicates he restaurant has operated for nine years in this location as a full service pizza parlor with dine-in and delivery services. The letter indreates hours of 'operation Sunday through Thursday from 1l a.m. to 10 p.m.;`and Friday: and Saturday until 11 p.m. .ENVIRONMENTAL IMPACT ANALYSIS: (10) Staff has reviewed the proposal to permitend retain`an amusement arcade In conjunction with an existing restaurant andi tias determined ttre proposed project fa41s withih the definition of Categorical Exemptions, Section 15301; Class 1 (Existing Facilities), as defined in the State CEQA (California Environmental Quality Actf Guidelines end is, therefore, categorically exempt from the preparation of further environmentaldocumentation. GROWTH MANAGEMENT ELEMENT ANALYSIS: (11) The proposed project has been f`evlewed by affected"City departments to tletermine whether it conforms with the City's Growth Management Element adopted by the City Council on May 25, 2004. Based on City staff review of the proposed project, iE,has been'determined that this project does not fit within the scope necessary to require a Growth Management Element analysis, therefore, no analysis tras been performed: EVALUATION: (12) Code permits amusement arcades (five ormore amusement devices) in the CG zone subject td the approval of a conditional use permift In addition, amusement arcades require approval by the Police Department and #fie Business License Division. (13) The Police Department indicates no objection to this request. Staff has incorporated conditions of approvalas recommended by the Police Department. (14) A site inspection revealed that the property was in good condition with regard to landscaping :'and general maintenance. FINDINGS: (15) Before the Planning Commission grants any conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist' (a) That the proposed use is properly.: one for which a conditional use permit is authorized by the Zoning Code, or is an unlisted use as definedsin Subsection .030 (Uhlisted Uses Permitted) of Section 18.66:040 (Approved Authority); (b) That the proposed use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to beldcated; :..Page 2 i Staff Report to the 'Planning Commissioh .`July 12;2004 tem No: 6` (c) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to'the particular area onto the health and safety; (d) That the traffic generated by the proposed use will not impose an undue burtlen upon the streets and ftighways'designed and improved to carry the traffic iri the area; and (e) That the granting of the conditional use permit under the conditions imposed, if any, wid not be detrimental td the health and safety of the dtizens of the City of Anaheim. RECOMMENDATION: (16) Staff recommends that, unless additionalbr contrary information is received during the hearing; and based upon the evidence submitted to the Commission, including the :evidence presented ih this staff report, and oral and`written evidence presented at the .'public hearing, the Commissidn aoorove the petitioner's request by adopting the attached ~esolutiort including the findings'and conditions of approval contained therein. Page 3 [DRAFT] RESOLUTION NO. PC2004--* A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT'PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04863 BE GRANTED (726 SOUTH STATE COLLEGE BOULEVARD) , 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 2 AS SHOWN ON THAT CERTAIN PARCEL MAP RECORDED ON MARCH 24, 1972 tN BOOK 42, PAGE 7 ON MAPS IN THE OFFICE OF THE COUNTY RECORDER FOR ORANGE COUNTY, CALIFORNIA. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 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 18.06, to hear and consider evidence far 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 use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030 to wit: to permit and retain an amusement arcade in conjunction with an existing restaurant. 2. That the use is not adversely affecting the adjoining land uses and the growth and development of the area in which it is located because the use is compatible with the restaurant operations. 3. That the size and shape of the site for the use is adequate to allow the continued operation of the facility in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways,designed and improved to carry traffic in the area. 5. That granting this conditional use permit will not, under the conditions imposed, be detrimental to the peace, health, safety, and general welfare of the citizens of the City of Anaheim. 6. That *'* indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning 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: Cr\PC2004-0 -1- PC2004- That, as required by the Police Department, minor shall not enter or remain in the establishment on any weekday between 8 a.m. and 3 p:m. This prior restriction shall not apply on any school vacation day or holiday as established by any public or private school, kindergarten through twelfth grade, operating within the City of Anaheim. Additionally, minors shall not enter or remain in the establishment after 9 p.m., on any day of the week. Notice of the above stated prohibition relating to the presence of minors shall be posted by the owner/operation at the entrance in lettering of at least two (2) inches in size. This prohibition shall not apply when a minor is accompanied by a parent or guardian (with the'guardian being able to authenticate guardianship). 2. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 3. That prior to the operation of this business, a valid business license shall be obtained from the Ctry of Anaheim, Business License Division of the Finance Department. 4. That subject property shalt be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. 5. That the applicant shall be responsible for paying all charges related to the processing of this discretionary application within 30 days of the issuance of a final invoice. Failure to pay charges shall result in delays in the issuance of required permits or the revocation of this entitlement. 6. That within sixty (60) days from the date of this resolution, Condition Nos. 1, 3 and 4above-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. 7. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Code and any other applicable city, State and Federal regulations. Approval does not include any action 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 July 12, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a Ciry 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 ) -2- PC2004- 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 July 12, 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 -3- PC2004- 6~VE ST PR ST q-1 G6 fi8~973121 B~g-(PK'' 51 p,ClS 6g 69,36 RCV PR 3147 O RDI- \ G gfi 1 l41 to 66- .36 RCS - \G Sp69437 l4~ \ RC C~ 68-69'36 ~ R ~ 30WEp, IND. gA.1 4) Sp R aCl b6bg36 RC ~,U4 31 Sp g4 jpER\OR Np-(10vE 1pWG 68 fig 373161 -I ge-59' ~P~PVEN~~ 675 /.. 8p 9n 1,_.u9 ®®~ ® ® 43D, ®®~~ SPQ 4-~ 151 ~ 6pP\ /1 ~ R R~~68 pg76 R RC pR 98 [yL/rF gU110\N" 1 ST,9 sP 94-1 'Q,q V IND. BLDG. ~~ ~~(7F ~~ ~~ ,Q- SP 94-1 ~ OA 1 Q~ NORTH AMERICAN SP 941 ~ DA 1 RCL 70-71.47 (39) RCL 70-71-06 CUP 4090 CUP 3453 ADJ 0170 IMIII IRTRIAI I V qFl 47FI1 ® TPM NO. 99-169 ®® ®~ SpA4;1 ®® CUP 2003-04811 IND. BLDG. ~ SP 94-1 DA i SP 941 RCL 70-71-06 DA i CUP 4090 RCL 87-66-47 RCL 70-71-07 (39) (Res of Inlenl to ML) CUP 3453 ADJ 0170 RCL 70-71-46 IND. FIRM qMS o SP 94-1 RCL 70-71-07 (21) \ RCL 68419-92 \\yy RCL 70.71-06 (1) CUP 1984 CUP 1831 VAR 3857 KOLL 8US1NE55 CENTER TPM NO. 99-168 SP 94.1 OA 1 NO. 9B-1fi9 B4-7 AS ~ i 71-07(21) ~ 8419-92 'Z 3fi'(1) 2O~ 3857 ~~ LIND 2M5 Q SP 94-1 DA 5 IND. BLDG. RCL 70-71-07 (: RCL 66 RCL 70.7 VAR: CUP 200 CUP 200: CUP' ®~ Conditional Use Permit No. 2004-04864 Subject Property Date: July 12, 2004 Scale: Graphic Requested By: VOIT LA PALMA PARTNERS II, LLC Q:S. No. 140 REQUEST TO PERMIT AND RETAIN AN EXISTING AUTOMOBILE WINDOW TINTING INSTALLATION BUSINESS. 2910-2940 East La Palma Avenue - La Palma Corporate Park 1ao2 SP B4-i DA 5 RCL 70-71-07 (21) ® RCL 66-fig-92 RCL 70-71-06 (1) CUP 1831 VAR 3657 SMALL IND. ® FIRMS rmc~nx nTn ~ Staff Report to the ' Planning.Commission July 12,2004 Item No. 7 7a. CEQA CATEGORICAL EXEMPTION -CLASS 1 (Motion)` 7b. + CONDITIONAL USE PERMIT NO:20D4-04864 (Resolutipn) SITE LOCATION AND DESCRIPTION: - (1) This rectangularly-shaped, 3.92-acre property has a frontage of 675 feet on the south side 'of La Palma Avenue, a maximum depth of1250 feet and is located 430 feet east of the centerline of White Star Avenue (2910-2940 East La Palma Avenue - La Palma Corporate Park). REQUEST: (2) The petitioner requests approval of a conditional use permik under authority of Cade Section No: 18.120.050.050.0505 to permit arid retain an existing automobile window tinting installation business. BACKGROUND: (3) This property is developed with two industrial buildings, and is zoned SP94-1, DA1 .....(Northeast Area Specific Plan -Industrial Area). The property is also located within the Alpha Northeast constituent Sub-area of the Anaheim Redevelopment Project, and is designated for Industrial-Low land uses ort'the Anaheim General Plan Land Use Element Map. The Anaheim General Plan Land Use Element Map further designates all surrounding properties for Industrial-Lowland uses. ? ` PREVIOUS ZONING ACTIONS: (4) The following zoning actions pertain to this property:.: (a) Variance No. 3857 (to construct a freestanding sign with waiver of minimum distance between freestanding signs) was approved by he Planning Commission on October 24, .1988. (b) Conditional Use Permit No.;1831 (to permit a restaurant and commercial uses in a proposed industrial complex with waiver of minimum number of parking spaces: (203 required; 162 proposed)) was denied' by the Planning Commission on May 8, 1978, and subsequently approved by the City Council'on June 13, 1978. ' DEVELOPMENT PROPOSAL: (5) This request was initiated as a result of a Code Enforcement Division request for service `regarding he existing buslness,operating,without a business license. The petitioner is proposing to permit'and retain an existing: automobile window tinting installation business .within one tenant space in an existing building. The remaining portion of the building contains both retail and industrial sales and service businesses. (6) The site plan (Exhibit No. 1) indicates two,existing buildings (total of 55,381 square feet) on the property divided into eleven.(11) tenant spaces. Sr5101jr Page 1 StaffReport to the Planning Commission July 12( 2004 Item No. 7 (7) Vehicular access is provided by one primary driveway at the benter of the property adjacenE to La Palma Avenue and two shared access driveways adjacent to La Palma Avenue at the: northeast and northwest corners of theproperty.' The site plan indicates a total of 173 parking'spaces on the property. Code requires a'minimum of 153 spaces for the entire property based upon the follewing: Use Square -Code-Required Parking Code•Required Feet Ratio Parking 1.55`per 1,000 s.f!'of GFA : '2910 East La Palma 6,300 9.8 Avenue Suite A CFT Software Develo ment holesale 2910 East La Pairrta 4 per1,000 s.f: of GFA Avenue Suite B 5,017 20 AlarmCenter 2910 East La Palma 3S per 1,000 s.f: of GFA Avenue Suite C 4,067 ` 14.2 WTS Automotive Lifes les' 2910-East Le Palma 4 per 1,000 s.f: bf GFA Avenue Suite D ' 4,067 - 16.2 Larkin/LAMB Associates 2910. East La Palma 1.55 per 1,000 s.f: of GFA Avenue Suite E 6,017 9.3 De Mar Floorin 2940 East La Palma 6,956 4 pec,1,00p s.f. of GFA Avenue Suite A 27.8 Ima eMax 2940 East La Palma 1'.55 per 1,000 s.f: of GFA Avenue Suite B 3,620 5.6 JKP Inc 2940 East La Palma 3.5 per 1,000 s.f: bf GFA Avenue Suite C 4,982 17.4 XLNT Tint of Anaheim 2940 East La Palma 4 per1,000 s.f.bf GFA Avenue Suite D 4,296 - 17.1 Thomas Mana ement 2940 East La Palma 1.55 per 1,000 s.f: of GFA Avenue Suites E'& F 10,057" - 15.6 S ectra Allen Instruments Total! 55,381 153 (8) The floor plan (Exhibit No. 2) indicates an approximately 4,982 square foot automobile `window tinting installation business containing a warehouse'area (utilized far the installation, of the tint), general'offices, and men's and women's restrooms. (9) 'Photographs and site inspections indicate an existing approximately 18-foot high concrete `tilt-up building with`dual textured concrete with a natural finish and turquoise trim accents. Large storefront windows and' entryway Boors are {ocated along the north elevation (facing : La Palma Avenue),!with automobile baydoors located along the south `Gear) elevation (opposite La Palma'Avenue). r'No exterior modifications are proposed as part of this application. Page 2 Staff Report to the Planning Commission July 12; 2004 Item Nd: 7 (10) Staff inspections indicate a i t7 to 20-foot wide landscaped setback adjacent to La Palma i Avenue and interior parking lot landscaping containing a variety of palm: trees, grass, as 'well as shrubs and flowers, Staff observations indicate on-site landscape is in good cordilion'and is being properly maintained. No new landscaping is proposed aspart of this aF; ~ication. (11) `Staff inspections indicate one existing non-illuminated white vinyl sign located above the storefront entrance in compliance with the code allowance of-ten percent of the building elevation] Staff also observed: excessive window sgnage. No new signs are proposed as i part of this application. (12) The submitted letter of operation indicates the existing hours of operation for the business are Monday through Saturda•; are 8 a.m: to 5 p.m. ':There are' a total of seven (7) employees at the facility (thr~:e (3) office personnel and four (4) automotive installers). The front portion of the building is used for office and customer processing area, with' the rear portion being utilized for miscellaneous storage and installation. The letter indicates the business'provides installation service of window tinting for autpmobiles with a maximum of three (3) automobiles scheduled at anytime. The letter further indicates that no mechanical Ilfts are°i•equired for installation and no harsh chemicals are'used as part of the i installatioh process: All installation takes place inside the building. Thr business,also provides off site wlntlow tinting service for both residential and commercial buildings. ENVIRONMENTAL IMPACT ANALYSIS: (13? -}ie Planning Director's authorized representative has determined that the proposed project ~s within the definition of Categorical Exemptions; Section 15301, Class 1 (Existing cilities); as defined in the State CEQA Guidelines and is, therefore, exempt from the , aquirement to prepare additional environmental documentation. GROWTH MANAGEMENT ELEMENT ANALYSIS: (14) :`The proposed project has been reviewer) by affected City departments to determine whether'it conforms to the City's Growth Management Element adopted;by the City Council on May 25, 2004. Based on City staff review of the'proposediproject, if has been '`determined that this project does not flt within the scope necessary to require a Growth Msr~agement Element analysis, therefore, no analysis has been performed. EVALUATIJN: (15) Code permits automobile window tinting installation businesses in the SP94-1, DA1 zone subject to!approval of a conditional use permit. (16) 'Code Enforcement records indicate there are no open code violations pertaining to this property. HoweveG as part ofthe analysis for this application; staff observed an unpermitted automobile wheel'`and tint installation business on the same property (2910 East La Palma Avenue Suite CWTS Automotive Lifestyles) and has initiated a Code Enforcement service request to address this unpermitted use. (17) Conditional Use Permit No, 1831 allowed certain commercia(uses to be established on this ' property`(as well as' other properties in this development), These commercial uses include the salesof bedroom sets and: home furniture, heating and air conditioning systems, wall, window and floor coverings, as well as tF- =ale ofglass, mirrors and windows. Staff believes the nature of this use is consisieu. with the complexion of commercial uses Page 4 Staff Report to the Planning Cbmmissiort `July 12,2004 .`Item No. 7' allowed by the previously approved conditional use permit as the window tinting business is l a less ihterise use than otherwise permitted uses in this zone, and no harsh chemicals or heavy mechanical equipment is used as part of the installation process. Staff observed read for customer ick-u bein stored in Ye wired arking areas: Staff has vehicles y p p g q P .included standard conditions of approval pertaining toWindow signage and site maintenance. As cdnditioned; staff feelsthat the automobile window tinting installation business is appropriate at this location, arid recommends approval of this request, (18) Community Development Department staffhas reviewed this request and ooncurs with Planning Department staffs recommendation of approval. FINDINGS: (19) Before the Planning Commission grants any conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: (a) That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code., or is an unlisted use as'defined in Subsection .030 '(Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority); (b) Thaf the proposed use will not adversely affect the adjoiriing land uses or the growth and development of the area in which it is proposed to tie located;;: (c) That he size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a mannernot detrimental to the particular area or to the health and safety; (d) That the traffic generated: by the proposed use will not Impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and (e) That the granting of the conditional use permit under the conditions imposed, if any, will not tie detrimental to the health and safetyof the citizens of the City of Anaheim. RECOMMENDATION: (20) Staff recommends that, unless additional of contrary informatioh is received during the meeting, and based upon the evidence submitted to the Commission, including the evidence presented in this staff Deport, and oral and written evidence presented at the public hearing, the Commissionaoorove the petitioner's request by adopting the attached resolution including the findings and conditions of approval contained therein. Page 5 [DRAFT] RESOLUTION NO. PC2004--* A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04864 BE GRANTED (2910-2940 EAST LA PALMA AVENUE - LA PALMA CORPORATE PARK) 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 A: PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 123, PAGES 46 AND 47 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. PARCEL B: ANON-EXCLUSIVE BASEMENT FOR VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS AND VEHICULAR PARKING, AS MORE PARTICULARLY SET FORTH IN THAT CERTAIN AMENDED AND COMPLETELY RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS LA PALMA BUSINESS PARK, RECORDED SEPTEMBER 7, 1999, AS INSTRUMENT NO. 19990645934 OF OFFICIAL RECORDS. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 12, 2004 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed 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 18.120.050.050.0505. 2. That the use has not adversely affected the adjoining land uses and the growth and development of the area in which it is located as all work and storage is located within the existing building. 3. That the size and shape of the site for the use is adequate to allow the full operation of the use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare. 4. That the traffic generated by the use has not imposed an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That the granting of the conditional use permit under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 6. 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 ate 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 window signage shall not be permitted. 2. That a valid business license shall be obtained from the City of Anaheim, Business License Division. 3. That no required parking area shall be fenced or otherwise enclosed or used for outdoor storage uses. 4. 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. 5. That any tree and/or landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 6. That customer parking spaces shall be striped and clearly marked for "customer parking only", and at no time shall customer vehicles be stacked, double parked, or left standing in tandem in front of, or adjacent to the buildings. 7. That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof material. The numbers shall not be visible from the view of the street or adjacent properties. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 8. That there shall be no vehicle dismantling permitted on the premises. 9. That no amplified sound systems shall be utilized outside the building. 10. That the storage or overnight parking of vehicles, vehicle parts, or business-related materials and all work on vehicles shall be confined entirely to the interior of the buildings. Absolutely no vehicular body work, painting or other business-related activities, or storage of vehicles, vehicle parts or materials shall be allowed in the front or rear yard areas, or on the roof of the building. 11. That no special events shall be permitted. 12. That the applicant shall be responsible for paying all charges related to the processing of this discretionary application within 30 days of the issuance of a final invoice. Failure to pay charges may result in the revocation of this entitlement. 13. That subject property shall be developed and maintained substantially in accordance with plans and specifcations submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos.1 and 2, and as conditioned herein. 14. That within sixty (60) days from the date of this resolution, Condition Nos. 1, 2, 6, 7, and 13, 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. -2- PC2004- 15. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 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 July 12, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures' of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. 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 July 12, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, 1 have hereunto set my hand this day of 2004. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2004- ~.~~ T~i~~`i'iJ soy,/} ~~~ ~-~~;~ ~~~~a~ ~ 6~ ~~~~ sl~~ ~f ~,' , ~/s ~~css ,;~~~~rJs