The URL can be used to link to this page

PC 2004/11/01na i tannin issi n a Monday, November 1, 2004 Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California ® Chairman: Gail Eastman ® Chairman Pro-Tempore: David Romero Commissioners: James Vanderbilt-Linares, Jerry O'Connell Kelly Buffa, Cecilia Flores, Pat Velasquez ® Call To Order Preliminary Plan Review 1:00 P.NI. • Staff update to Commission on various City developments and issues (As requested by Planning Commission) • Preliminary Plan Review for items on the November 1, 2004 agenda ® Recess To Afternoon Public Hearing Session ® Reconvene To Public Hearing 2:30 P.M. For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. ® Pledge Of Allegiance ® Public Comments . Consent Calendar ® Public Hearing Items ® Adjournment You may leave a message for the Planning Commission using the following e-mail address: planninc7commission(a~anaheim.net H:\dots\clerical\agendas1110104.doc 11 /01 /04 Page 1 Anaheim Planning Commission Agenda - 2:30 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim Planning Commission or public comments on agenda items with the exception of public hearing items. Consent Calendar: The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. Reports and Recommendations 1A.(a) CEQA Exemption Section 15061 (b)(3) General Rule (b) Zoning Code Amendment No. 2004-00033 Agent: Sandy D. Sigal, Nemark Merill, 5850 Canoga Avenue, Suite 650, Woodland Hills, CA 91367 Location: City wide Requests modification of the sign code to permit marquee or electric reader board signs in conjunction with a commercial retail center with a minimum of twenty-five (25) acres in area subject to a Conditional Use Permit. 1B.(a) CEQA Negative Declaration (Previously-Approved) (b) Conditional Use Permit No. 2004-04856 (Tracking No. CUP2004-04893) Agent: KC Chang, Prominence, 1265 Manassero Street #303, Anaheim, CA 92807 Location: 135 South Dale Avenue. Requests approval of final elevation plans for apreviously-approved 14-unit semi-attached residential condominium subdivision. Project Planner: Della Herrick (d he rrick(o) ana h ei m. net) sr8775dh.doc Q. S. City wide Project Planner: Jahn Ramirez ( a ra m i rez C~ a n a h e i m. n e t) sr5124jcdoc Q. S. 13 11 /01 /04 Page 2 1C. (a) General Plan Conformity No. 2004-00038 -Request To Determine Conformance With The Anaheim General Plan To Amend an Existing Lease Agent: Stephen L. Chaffee, Orange County District Attorney, 401 Civic Center Drive West, P.O. Box 8D8 Santa Ana, CA 92701-0000 Location: 2100 East Howell Avenue. Suite Nos. 406 407.408 and 409. Requests determination of conformance with the Anaheim General Plan to amend an existing lease of. office and garage space to the County of Orange, Office of the District Attorney. Minutes Receiving and approving the Minutes from the Planning Commission Meeting of pctober 18, 2004 (Motion) Receiving and approving revised supplemental detailed Minutes for Item No. 3, Reclassification No. 2003-00109, Variance No. 2004-04626 and Tentative Tract Map No. 16545, from the Planning Commission Meeting pf October 4, 2004, scheduled to be heard as a public hearing item before City Council on Tuesday, November 16, 2004. (Motion) Project Planner Elaine Yambao (evambao o(lanaheim:net) sr3086ey.doc Q. S. 13 11 /01 /04 Page 3 Public Hearing Items: 2a. CEQA Negative Declaration 2b. Reclassification No. 2004-00124 Owner: Raymond Siegele, P.O. Box 3284, Anaheim, CA 92803 Voit Anaheim Business, 21530 Oxnard Street, Unit B, Woodland :Hills, CA 91367-4942 Charles Atwood, 23772 Avenue 208, Lindsay, CA 93247 CP/HERS Anaheim LP, 600 Citadel Drive, Suite 100, Los Angeles, CA 90040 Kenneth Thompson, P.O. Box 5406, Orange, CA 92863 Tomas Rodriguez, P.O. Box 8521, Anaheim, CA 92812 Location: Portion A: 516 East Santa Ana Street and 501 - 547 South Atchison Street; Portion B: 500 - 556 South Atchison Street; Portion C: 610 South Olive Street and 711 East South Street; and Portion D: 525 East South Street Portion A: This 10.7-acre area is located at the southeast corner of Santa Ana Street and Olive Street with frontages of 970 feet on the south side of Santa Ana Street and 480 feet on the east side of Olive Street (516 East Santa Ana Street and 501 - 547 South Atchison Street - Kwikset site). Portion B: This 10.3-acre area has frontages of 150 feet on the south side of Santa Ana Street and 340 feet on the east side of Olive Street and a maximum depth of 1,120 feet (500 - 558 South Atchison Street). Portion C: This 10.3-acre area has frontages of 150 feet on the north side of South Street and 340 feet on the east side of Olive Street and a maximum depth of 1,120 feet (610 South Olive Street and 711 East South Street). Portion D: This 9:8-acre area is located at the northeast corner of South Street and Olive Street with frontages of 440 feet on the east side of Olive Street and 970 feet on the north side of South Street (525 East South Street). City-initiated (Community Development Department) request for approval of a reclassification of these properties as follows: Portion A -from ML (Limited Industrial) to RM-3 (Residential, Multiple- Family-2400) zone or less intense zone. Portion B -from ML (Limited Industrial) to RM-4 (Residential, Multiple- Family-1200) zone or less intense zone. Portion C -from ML (Limited Industrial) to RM-4 (Residential, Multiple- Family-1200) zone or less intense zone. Portion D -from ML (Limited Industrial) to RM-3 (Residential, Multiple- Family-2400) zone or less intense zone. Continued from the June 14, August 9 and September 8, 2004, Planning Commission Meetings. Reclassification Resolution No. Request for continuance to December 13, 2004 Project Planner: David See (d see(o)a na he i m. net) sr2167ds.doc Q.S. 84/94 11 /01 /04 Page 4 3a. CEQA Negative Declaration 3b. Conditiona Use Permit No. 2004-04878 Owner: Nell Genovese, 269 Evening Canyon Road, Corona Del Mar, CA 92625 Agent: Oscar Palafox, P.O. Box 1419, Placentia, CA 92871 Location: 1352 North Miller Street. Property is approximately 0.89- acre, having a frontage of 132 feet on the east side of Miller Street, located 658 feet north of the centerline of Miraloma Avenue. Request to permit and retain a pallet repair and storage yard and a landscape contractor's storage yard. Continued from the September 8, 2004, Planning Commission Meeting. Conditional Use Permit Resolution No. 4a. CEQA Negative Declaration 4b. Waiver Of Code Requirement 4c. Conditional Use Permit No. 2004-04861 Owner: 230 West Colchester, CALP, c/o Chris DiRiggiero, P.O. Box 304, Hermosa Beach, CA 90254 Agent: Joseph Curd, Curd, Gallindo and Smith, LLP, 301 East Ocean Boulevard, #460, Long Beach, CA 90802 Location: 2230 West Colchester Drive. Property is approximately 0.87-acre, located at the southeast corner of Colchester Drive and Colony Street. Request to permit and retain two existing churches, a narcotics anonymous meeting hall, and to establish land use conformity with the City's zoning code requirements for an existing non-conforming commercial retail center with waiver of minimum number of parking spaces. Continued from the June 28, July 26, August 9 and September 20, 2004, Planning Commission Meetings. Conditional Use Permit Resolution No. Project Planner: Cheryl Flores (cf t o re s Ca) a n a h e i m: n e t) sr8807cf.doc Q:S.143 Request for continuance to November 15, 2004 Project Planner: John Ramirez (i n ra m i re z Cad a n a h e i m. n e t) sr5126jr.doc Q.S. 34 11 /01 /04 Page 5 Sa. CEQA Negative Declaration 5b. Waiver Of Code Requirement Sc. Conditional Use Permit No. 2004-04883 Owner: Slagle Properties A Partners, 912 Via De Angeles, San Clemente, CA 92672 Agent: Rudy Trejo, 1521 East Lincoln Avenue, Anaheim, CA 92805 Location: 1521 East Lincoln Avenue. Property is approximately 0.15-acre, located at the northeast corner of Lincoln Avenue and Larch Street. Request to retain a church within an existing single-family residence with waivers of: (a) minimum setback for institutional uses abutting a Project Planner: residential zone boundary, and (b) minimum number of parking spaces. : Della Herrick (dherrick at7anaheim.net) Continued from the September 20 and October 18, 2004, Planning Commission Meetings. sr8774dhb.doc Conditional Use Permit Resolution No. Q.S. 103 6a. CEQA Mitigated Negative Declaration 6b. Waiver Of Code Requirement 6c Conditional Use Permit No. 2004-04917 Owner: Front Porch, 303 North Glencaks Boulevard, Burbank, CA 91502 Agent: Phil Schwartze, 31682 EI Camino Real, San Juan Capistrano, CA 92675 Location: 891 South Walnut Street. Property is approximately 7.7 acres, located at the northwest corner of Ball Road and Walnut Street (Walnut Manor Retirement Community). Request to establish a 1 to 3-story 151-unit senior citizens apartment retirement community including independent living, assisted living, memory impairment, and various recreational facilities for senior citizens (Walnut Village) in conjunction with an existing 99-bed skilled nursing facility and chapel with waivers: (a) maximum structural height adjacent to single-family residential zone, (b) minimum landscaped setback adjacent to single-family residential zone, (c) minimum structural and landscaped setback adjacent to Ball Road and Walnut Street, (d) maximum number of freestanding signs, (e) maximum fence height, (f) maximum lot coverage, project Planner: (g) minimum number of parking spaces, and (h) minimum floor area per Della Herrick unit.' (dherrick(olanaheim.net) " Waivers (d) and (f) have been deleted. sr8805dh.doc Q.S. 64 Conditional Use Permit Resolution No. 11 /01 /04 Page 6 7a. CEQA_Negative Declaration (Previously-Approved) 7b. Conditional Use Permit No. 1623 (Tracking No. CUP2004-04918) Owner: Smith Margaret K. Trust, P.O. Box 4400, Los Angeles, CA 90054 Agent: Phil Schwartze, 31682 EI Camino Real, San Juan Capistrano, CA 92675 Location: 2222 East Howell Avenue. Property is approximately 3.3 acres, with a frontage of 296 feet on the southwesterly side of Howell Avenue, located 520 feet northwest of the centerline of Katella Avenue. Request to amend or delete conditions of approval pertaining to a time limitation for an on-site caretaker's unit, including on-premises sales and installation of recreational vehicle parts and accessories in conjunction with previously-approved recreational vehicle storage yard. Conditional Use Permit Resolution No. 8a. CEQA Negative Declaration 8b. Waiver Of Code Requirement Sc. Conditional Use Permit No. 2004-04916 Owner: James Elmore, Trinity Lutheran Church, 4101 East Nohl Ranch Road, Anaheim, CA 92807 Location: 4101 Nohl Ranch Road. Property is approximately 4 acres, located at the northeast corner of Nohl Ranch Road and Nohl Canyon Road (Trinity Lutheran Church). Request to permit an addition to an existing church and private school and to amend a condition of approval pertaining to the maximum number of students with waivers of: (a) maximum structural height, and (b) minimum number of parking spaces. Conditional Use Permit Resolution No. Project Planner: John Ramirez (ioramirez(cv)anaheim.net) sr5125jcdoc Q.S. 117 Request for continuance to November 15, 2004 Project Planner: Amy Vazquez (avazc u ezfa~ a n ah eim. ne t) sr8810av.doc Q.S. 163 11 /01 /04 Page 7 9a. Environmental Impact Report No. 327 9b. Waiver Of Code Requirement 9c. Conditional Use Permit No. 2001-04431 9d. Specimen Tree Removal Permit No. 2002-00001 9e. Miscellaneous No. 2004-00088 Owner: Waddell Foods, 801 .North Beach Boulevard, La Habra, CA 90631 Agent: John & Lisa Waddell, 207 Redrock Street, Anaheim., CA 92807 Location: Property is approximately 29 acres, .having a frontage of 1,413 feet on the south side of Santa Ana Canyon Road, located 983 feet west of the centerline of Festival Drive (No Address). Conditional Use Permit No. 2001-04431 -Request to coristruct a wedding chapel and banquet facility with on-premises sales and consumption of alcoholic beverages and roof-mounted equipment with waivers of (a) maximum structural height, (b) required street dedication and improvement and (c) minimum number of parking spaces. Specimen Tree Removal Permit No. 2002.00001 - To remove thirty (30) Oak trees. Miscellaneous No. 2004-00088 -Amendment to Exhibit No. 7 of the Santa Ana Canyon Road Access Point Study. Conditional Use Permit Resolution No. Request for continuance to November 15, 2004 Project Planner: Amy Vazquez (avazcuez(a~anaheim:net) sr8808av.doc Q.S. 207 Adjourn To Monday, November 15, 2004 At 1:00 P.M. For Preliminary Plan Review. 11 /01 /04 Page 8 CERTIFICATION OF POSTING I hereby certify that a complete copy of this .agenda was posted at: (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND A COUNC~IjL DISPLAY KIOSK SIGNED: ~w-~1~ ~ ~C.~-~--- If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits and Variances will be final 22 days after Planning Commission action and any action regarding Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM PLANNING COMMISSION In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (714) 765-5139. Notification no later than 10:00 a.m. on the Friday before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Recorded decision information is available 24 hours a day by calling the Planning Department's Automated Tele hone S stem at 714-765-5139. 11 /01 /04 Page 9 SCHEDULE 2004 ~~ November 15 ~~ November 29 (no meeting scheduled due to no cases filed) December 13 December 27 (no meeting scheduled due to lack of quorum) SCHEDULE 2005 January 10 January 24 February 7 February 21 11/01/04 Page 10 ITEM N0. 1-A ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.44:050 OF CHAPTER 18.44 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SIGNAGE. THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1 . That subsection .010 of Section 18.44.050 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.44.050 CONDITIONAL USE PERMIT REQUIRED. .010 Requirement for Conditional Use Permit. The following signs require a conditional use permit: .0101 Mazquee or electronic reader-boazd signs for an amusement facility, theater, lodging facility, school, automobile dealership (which automobile dealership is the major tenant of a minimum three (3) acre site) or use identified as Community and Religious Assembly as set forth in subsection .030 ("C" Use Classes) of Section 18.36.040 (Non-Residential Primary Use Classes), and acommercial/retail center with a mnimiun ofriventy-five (25) acres in area subject to the limitations of Section 18.44.090. .0102 Regional guide signs. .0103 Freeway-oriented signs, subject to the procedures and standazds set forth in Section 18.44.100. .0104 Billboards, subject to the standazds set forth in Section 18.44.230 through Section 18.44.260 inclusive. .0105 Murals visible from public right-of--ways. .0106 Off-site signs for regional shopping centers. No more than one (1) free- standing sign per regional shopping center, no greater than one hundred twenty five (125) squaze feet in sign azea and no higher than fifteen (15) feet, maybe located off-site where allowed by conditional use permit. .020 Application Requirements. All applications for a conditional use permit for a sign require submittal by the applicant of photographs of all existing freestanding, monument, and wall signs on the property and a site plan of the property showing their location(s). The application shall also identify the squaze footage of all existing wall signs that aze to remain. .030 Effect of Conditional Use Permit Approval. Approval of any conditional use permit for a particulaz land use shall constitute approval of any on-premises signs that aze otherwise permitted in the underlying zone in which the use is located unless, as part of the action approving the use, more restrictive sign requirements are imposed. -- SECTION?. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, pazagraph, sentence or word of this ordinance of the Code, hereby adopted, be declazed for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declazed invalid. SECTION 3. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof The provisions of this ordinance, insofaz as they aze substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 4. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollazs ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, 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, continued or permitted by such person, firm or corporation, and shall be punishable therefore as provided for in this ordinance. SECTION 5 . PENALTY. Except as may otherwise be expressly provided, any person who violates any provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be punished in the manner provided in Section 1.01.370 of the Anaheim Municipal Code. THE FOREGOING ORDINANCE was introduced at a regulaz meeting of the City Council of the City of Anaheim held on the day of , 2004, and thereafter passed and adopted at a regulaz meeting of said City Council held on the day of 2004, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: By ATTEST: CITY CLERK OF THE CITY OF ANAHEIM CITY OF ANAHEIM MAYOR OF THE CITY OF ANAHEIM Ordinance ITEM N0. 1-B as uu 73 wr aa CUP 918 VAR 1147 S SCUP 2220 s.s.8 LINCOLN-DALE VAR 3702 ~ coNV.MKT. PLAZA SHOPPING CTR. SMALL SHOPS LIQUOR STORE LINCOLN AVENUE RM-4 VV GG RLL 75-7646 C-G n^ ° VAR 2612 RCL 6364-7fi RLL v,q m GG CUP RCL fit-62.86 70.71-18 f'°` ~' ° ' RCL 2662.04577 WP192 AR 2263 u Q . W-84-60 FARMER AR 2226 ~> fi0-6t-72 BOVS 0 GU CUP 3452 CUP 1433 GG ~ RCL fi3-64-60 Q R 12 W RM-4 srioPS RCL 70-71-16 Z VAR 2207 RM-4 U.I 2D7 DU RLL 64-65-23 1DU Q :M-4 RM-4 RCL e4-05-23 W ~76-i B VAR 3459 J ~64-76 240' Q 61-62-66 ~ IP 192 ... T R 1856 tT-CUP 260404893 1 06123 5 ~.' RCL 2004 _ PTS. , - j CUP 2004-04668 -"~ m 2 DU TTM 16691 ,< 10U RM4 RCL 61-82-18 RM-4 VAR 3263 i6 DU CARBON CREEK CHANNEL T SCHWEITZER ELEMENTARY SCHOOL Conditional Use Permit No. 2004-04856 Subject Property TRACKING NO. CUP2004-04893 Date: November 1, 2004 Scale: 1" = 200' Requested By: KC CHANG Q.S. No. 13 REQUESTS APPROVAL OF FINAL ELEVATION PLANS IN CONJUNCTION WITH APREVIOUSLY- APPROVED 14-UNIT SEMI-ATTRACHED CONDOMINIUM SUBDIVISION. GG RCL GG (MHPI GG C-G CUP 41o~ RCL RCL RLL 6}61-t 07 71-72-06 CUP 2904 59.60.53 CUP 2765 200a a ago , T MOBILE LUP 2033 CUP 340 ANAHEIM CUP 1282 VAR 2043 HOME LUP 246 BOB'S NATIONAL eU0DH15r pgRK ADJ 0158 MOBILE BURGERS INN TEMPLE HOME PARK c v T(MHP) RCL 82-83-28 CUP 2033 CUP 35 WESTERN SKIES MOBILEHOME ESTATES si EI TF TF f T(MHP) RCL 87-88-43 RCL 88-6949 CUP 3059 VAR 3772 CARBON CREEK CHANNEL RS-2 VAR 1978 RS- 1 U EACH 1 DU E TOLA AVE - J a RS-2 Q ~ RCL 67-68-72 - VAR 7978 ~ RS-2 1 DU EACH 1 DU EA( ROJAN PL 135 South Dale Avenue 1566 ITEM N0, 1-B ATTACHMENT -ITEM NO' 1-B RESOLUTION NO. PC2004-71 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04856 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 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 conditional use permit and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the 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 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 of 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 since 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 since 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 will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; and Cr\PC2004-071 -1- PC2004-71 8. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim 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 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 a landscape plan shall be submitted for review and approval by the Planning Division. Said plain 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 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. 5. That all existing water services and fire lines 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 is necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service 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 an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This informaticn 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 comply with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. -2- PC2004-71 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 shall be required for each parcel or residential, commercial, industrial unit per Rule 18 of the City of 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 City 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 far his review and .approval in conformance with the currentversion 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. 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. 18. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water baokflow 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 along/across high voltage lines, low voltage lines, 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- PC2004-71 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 $1991 unit fdr 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 specifically 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 pale Avenue shall be submitted to the Planning Services Division for review and approval by the Planning Commission as a Reports and Recommendation item. 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, 19, 20, 21, 22, 23, 24, 26, 28 and 31, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18:60.170 of the Anaheim Municipal Code. 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. Faiture 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 Ciry, 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 competentjurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void.. -4- PC2004-71 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. (ORIGINAL SIGNED BY JAMES VANDERBILT-L/NARES) CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: (ORIGINAL S/GNED BY PAT CHANDLER) 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 July 12, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: BUFFA VACANT: COMMISSIONERS: ONE SEAT IN W ITNESS W HEREOF, I have hereunto set my hand this day of 2004. _ (ORIGINAL SIGNED BY PAT CHANDLER) SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC2004-71 ITEM N0. 1-C HoP RCL 99-00-15 (Res. of Int. to SE) RCL 66-67-14 \ RCL 59-60-23 I RCL 99-00-15 _ (Res. of Int to SE) 66-67-14 60-61-113 59-60-23 ~ .. EIR 321 SMALL IND. U ~ I 2- ~ ~ EIR 274 FlRMS ~ ~~ RCL 99-00-15 ~ ~~ a (Res 23 SE) ~fi ~Q- I GPA 14 I I `~ 0 59 ~ i STATE COLLEGE IND. FIRM WFCA 5 DISTRIBUTOR ~ = 9 i J (Res. HOWE G' ac LL AVE 345' 628' STAG ~ BUSII I I RCL 990045 ) (Res of Int to SEI RCL 6657-14 t ~ ^ fi0-61413 r -a ~ i RCL 596023 I ~ S Q LUP2643 REST, RCL 99-0- 15 ~' ~' _ I~ ~ ( es. of Int. fo S ~ RCL 99-00-15 I ML Ill RCL 59-60 23 Res of Int. to SE ( ) LL IND J GUP 2627 MALL IND . / RCL 59-60-23 v ,~ IRM . ~ I RCL 99-00-15 FlRMS '1 CUP 2020 ~- ~ ~ CUP 1866 ?" ~ m (Res. of lnl. to SE) RCL 66-57.14 : r r, GPC 2004-00036 1 r , NORTH STADIUM ' r 9 ) W RCL 59-~az3 t r ;~ RCL 9 0 0-15 , BUSINESS CENTER ' r ,: ~ I ~ TILE co. b (Res. of Int. t0 SE) - x :~ ' RCL 200• W r ~,/' 6~ RCL 59-60-23 / r ~ RCL 9< J i - T-CUP 20040491 - (Res. of II ~ - CUP 1623 . ~~ RCL 6f ~ ' r - % R V STORAGE RCL 5F U . i . . ~ T-CUP 20 ~'c' ~ , ,, - T-CUP 20 ll.l ~ ~ ~~ t ~ OUP 20C qr ~ ~ ~ ~ ~x Y DuP ~ F ' fb ~ < ~F y7SONT zl:~ Op VAR S TPM N0.97-155 gNTg RCL 99-00-15 F R (R E) 4q~, RCL 90 91 ~17 pqp RCL 66-67-14 60-61-113 RCL 5657-93 TOWN PLALE CUP 3957 SPECTRUM O-L 5 SUITES LLU9 1 CUP 690 (Res. of n to SE) VAR 2765 RCL 90-91-17 ALL PROPERTIES ARE I N THE (SE) (SPORTS ENTERTAINMENT OVERLAY) ZONE General Plan Conformity No. 2004-00038 ~ Subject Property ~.:. Date: November 1, 2004 Scale: 1" = 200' Requested By: STEPHEN L. CHAFFEE Q.S. No. 117 REQUEST TO DETERMINE CONFORMANCE WITH THE ANAHEIM GENERAL PLAN TO AMEND AN EXISTING LEASE OF OFFICE AND GARAGE SPACE TO THE COUNTY OF ORANGE, OFFICE OF THE DISTRICT ATTORNEY. 2100 East Howell Avenue 41z ATTACFIMENT - R&R 1-C OFFICE Or 1•HE ORANGE COUNTY. CALIFORNIA TONY RACKAUCKAS, DISTRICT ATTORNEY \~\' '~ October 14, 2004 72004 City of Anaheim, Planning Director ~ REDEIVED 201 S. Anaheim Blvd. ~ pEp NTMEN? Anaheim, CA. 92805 ~9~ RE: GENER AL PLA1sI COM_PLTArICE Gentlemen: CHARLES MIDDLETON CHIEF ASSISTANT D.A. JIM TANIlAKI SENIOR ASSISTANT O.A FELONY OPERATION$1 WILLIAM FECCIA SENIOR ASSISTANT O.A FELONY OPERATIONS 2 DAVID NINELSON SENIORASSISTANT D.A BRANCH COURT OPERATIONS DONALD BLANKENSNIP CHIEF' BUREAU OF INVESTIGATION LISA BONAN - JONNSTON DIRECTOR ADMINISTRATIVE SERVICES The County of Orange proposes an amendment to an existing lease agreement for the use of 7,200 square feet of space at 2100 Howell Ave Suites 406, 407, 408, and 409, in Anaheim, California. The space will be used for County use only. [ General office and gazage space, garage space used only for inspection Please review this proposal in accordance with Government Code Section 65402 to determine if the use conforms with the City's General Plan. To simplify processing, you may complete the bottom portion of this letter and return it to me. Thank you for your cooperation and prompt attention to this matter. Feel free to call me at (714) 347-8778 if you have any questions. Very truly yours, ~~ Stephen .Chaffee, Fa hes Manager - DA/Administrative Seances Determination: YES ^ NO ^ This project is in conformance with the General Plan of the City of Anaheim. City of Anaheim: BY: DATE: Comments: REPLY TO: ORANGE COUNTY DISTRICT ATTORNEY'S OFFICE WEB PAGE:53 iJ ~/dY D MAW OFFICE ^ N00.TN OFFICE ^ WEST OFFICE ^ SOUTH OFFICE ^ HMSOR OFFICE ^ JUVENILE OFFICE ^ CENTRAL OFFICE d01 CNIC CENFER ORW 1315 N. BERNELEY qVE 01<t 0]1P STREET ]Otd]LROWN VALLEY PKWY. d801 JAMBOREE BLVp 3d1 LOY pRNE SOUTH TOO CNX: CENTER OR.W P:O. BO%600 FULIfRTON, CA B28]1 WESTMWBTER,G82fi6] IAGUNA NWRIEL,G910TI NEWPORT BEACN, (A 8380] ORANGE,G93660 P.O. BBX 000 SANTA qNA, CA 83)01 (Ttd)ANI60 (HQ 09&T$01 (W9)UB-5030 IBd9)dT6-dfiBB (T1Q 9]ST021 SANTA ANA, CA 93)01 pld)e]a]e6o p,dl6]a]e6B ECG ~'~'"~~~, ITEM N0. 2 yy 95 ~ °~ m V ~ ; cuP P VP0. \]5 p H N Bt p„lE m _ ,Ae i'ix v c u ~ p0. )9x P N, Mj \6 ~ N ~ V x\c FlPME„ ~ ~°~ \,PP tSBI m P MEMCH m V y/ m fIPM ~-t5B' ~ E ^° i ; SP B]B 91B M1~0A24t;' p]sB p G ~ A~ Q ~' VPR \ Ml ; p P m~ MO F10.M~ ~ cgyv P % ~ o ~ M~ Pbb bBA a; ~ 424a VP0. ~ Ft0.M x PB ~ m~$ ~ ~ 1N0. o ~~ ]b6 Onft~O.I1 V"~. V R i mk f A n r 1 ~ M~ iP t014 µ 1H PVE M~ pfib VP ~PR40~\l~~N~ MUUS'(0.V`l ]B SH 4 JM" 2_ 0.55 X53 M ~ `i'c'e i' .. 91B• v 0.GL B9El6N e..'..I ... ~~ you 1TBB\ A n pM.tiBB VAP tB45]4 N ~ m o .y4oB.v ~ c; M Reclassification No. 2004-00124 Requested By: ANAHEIM REDEVELOPMENT AGENCY Ml _ 5 R~~1bs Subject Property Date: June 14, 2004 Scale: Graphic Q.S. No. 84 / 94 CITY-INITIATED (COMMUNITY DEVELOPMENT DEPARTMENT) REQUEST FOR RECLASSIFICATION OF THE PROPERTIES FROM THE ML (LIMITED INDUSTRIAL) ZONE TO THE RM-3 AND RM-4 (RESIDENTIAL, MULTIPLE-FAMILY) ZONES OR LESS INTENSE ZONES. M~ L 1N0 FlP M~ F p0.E D 516 East Santa Ana Street, 500-554 South Atchison Street, and 525-711 East South Street '1371(2004-6-3) Pai ATTACHMENT -ITEM N0. Z To: Planning Commissi-o~n~ Q From: Mazk Asturias i'~~`"-~' Redevelopment Manager Date: October 26, 2004 RE: RECI,ASSYFICATION N0.2004-00124 REQUEST FOR CONTINUANCE The Community Development Department requests a 6-week continuance to December 13, 2004, on Reclassification No. 2004-00124. The Department continues to discuss with affected property owners, the future opporhuuty for residential development that would occur with the reclassification of their property. 1n addition, Community Development staff has initiated discussions with a residential developer that is in negotiations to acquire the 18 acres south of the Kwikset site. Staff anticipates the residential developer will submit applications for a residential project in compliance with the General Plan and zoning. The Department continues to negotiate the acquisition of various properties that would be incorporated into the future Kwikset project site and anticipates that negotiations will be completed this yeaz. Should you have any questions please call me at extension 4315. ZOU4001]A fartiwencc.DOC HEIM ~ {~ A~~ FDQ pZ y 9 01 D~NDED ~ 5 p~ry:Ht~' ®~ E~~'g~fl~QIl~Il~Tflgp ~ry ~~~y~~ry',~ ~'@p'~q/~tl }1,N~ I~~T V® Y~JL JV~ 1 31J~®Y lY~SJl\~ To: Planning Commission From: Mazk Asturias ~~~~ Redevelopment Manager Date: October 26, 2004 ATTACHMENT -ITEM N0. 2 RE: RECLASSIFICATI®N No. aooa-ooiaa WAIVER OF PERMIT STREAMLINING ACT The Community Development Department requests a 90-day extension of the Permit Streamlining Act to pemut the Deparhnent to continue with Reclassification No. 2004-00124, which is expected to be heazd December 13, 2004. The Department continues to negotiate the acquisition of various properties that would be incorporated into the future Kwikset project site and anticipates that negotiations will be completed this year. The Department is discussing the future opportunity for residential development with affected property owners that would occur with the reclassification of their property. In addition, Community Development staff has initiated discussions with a residential developer that is in negotiations to acquire the 18 acres south of the Kwikset site. Should you have any questions please call me at extension 4315. TTFM TTn 7 lRas SP 9q1 pP 9 ~q01 RGL A~6p0 5 P 9q.~ 6 p339 CUP a44 DPb1.~4 µCL 59.6p.90 R SUP 3311 SP ~~~ pP 6g ~9B) pt µGLCVp 3311 Gym PL LMp ~ SN`..F\F `' m ~p 15y< Srv~,._ M\~~OM/ 9q.1 ~ .6-6'1-6 ya.t 5g.6p" 5 pA ~ 14 1P X53 RCL 6fi.fi1' ALL PROPERTIES ARE IN THE SP 94-1 (NORTHEAST INDUSTRIAL AREA) ZONE D Conditional Use Permit No. 2004-04878 Subject Property Date: September 8, 2004 Scale: 1" = 200' Requested By: NELL T. GENOVESE Q.S. No. 143 REQUEST TO PERMIT AND RETAIN AN EXISTING PALLET REPAIR AND STORAGE YARD AND A LANDSCAPE CONTRACTOR'S STORAGE YARD. 1352 North Miller Street ~a~a f ~~ wyy RpL 5P 9~9 X99) 111 J ,~ j ~~ r }" d <~ A~. 4 i t~ ~~~~ , ~~~ ~~~~ ~. ~~~ ~, 5 ~~ ~l ~y X~a ~ a ~ X ` ~~~~~ ~'`~ 5`~Yfi~~ ~ ~ry 1 ~ ~" ~ rxrt ~ K~sx~ i~ t- r ` ~"`~ `~ 1-`- `t a .~ ~ ' ~ 1 +* t, w { !'s ;~v ~ 5 ~~~•"~ N ~~ sz.~'~ ~, r;., ~'~ ~`~~ 5< ~~ e . ~" `~„~ zs ;r r '~~~ .~^3 ~ Y r'ea ~` m ~ ' t ~' r ~ y' .3 ~ ,r xz~~kz ~ & ~k r i ~ ,~, E r; C~sas~ ti~ ~ ~ ~~~ ~. ` s bi! L~ ! ~ +.~+5~+'~5. $2 ~tl ~ ? ~ ~ t ~ ~ ~ ~~y..~,°~ ~ a ,~ti ~ ~ ~r z~a ITEM N0. 3 'K 3a. 3b.' (7) The site plan (Exhibit No. 1) indicates the existing storage area is setback 70 feet from Miller Street with 10 feet of landscaping proposed along the street frontage. sr8a07cf.doc .Page 1 (10) ;, Elevation drawings: (Exhibit No. 2) for tfte office building indicate wood siding with; composition roof material. A'solid wootl door and'two double-glazed windows are shown' the west elevation.' (11) The landscape plan (Exhibit No. 1) indicates a 10-foot wide landscaped area adjacent to Miller Sheet with seven (7) trees in compliance with Code requirements and grass, shrub and a 3-foot high hedge to screen the parking lot from Miller Street. Nine (g) trees are indicated in the parking lot; also in compliance with Code. Pag !Staff Report to the Planning .Commission NovembeC 1, 2004 Item Na'3 (12) Na sign plans were submitted with this request. (13) The petitioner indicates business hours from 7 a.m. to 6 p.m., Monday through Friday'and 7 a.m. to noon on Saturday. Three (3) employees per business (six (6) total) work at he site. ENVIRONMENTAL' IMPACT ANALYSIS: (14) Staff has reviewed the proposal and the Initial Study {a copy of which is available for review in he Planning Department} and finds no significant environmental impactand, therefore, recommends that a Negative Declaration be approved.. upon a finding by the Commission that the declaration reflects the independent judgment of the lead agency;(and that it has considered the proposed Negative Declaration together with any; comments received during the public review process and further finding on the basis of the nitial Study and any ;' comments received that there is no substantial evidence that the project will have a ' significant effect on the environment. GROWTH MANAGEMENT ELEMENT ANALYSIS: (15) The proposed project has been reviewed by affected City departments to determine whether it conforms with the City's Growth Management Element adopted by the City Council on March 17, 1:992. Based on City staff review of the proposed project, it has been determined that this project does not fit within: the scope. necessary to require a Growth Management Element analysis, therefore, no analysis has been performed. EVALUATION: (16) Contractor outdoor storage yards'and outdoor construction (pallet) equipment storage yards are permitted in the SP94-1, DA1lzone subject to the approval of a conditional use permit. (17) The requested entitlement is the result of a Code Enforcement Notice of Violation. The attached memorandum from the Code Enforcement Division dated Augustrl9, 2004, indicates a fire occurred on the property on December26, 2003.!: Fire Department and Building Division inspectors required abatement of violations that were observed at that time. Approval of a conditional use permitand compliance with aII Code regulations is required foC the applicants to continue to legally operate at this location. Because of the prior history with regard to Code compliance, staff recommendsquarterly Code Enforcement Division inspections for two (2) years, if thislrequest is approved' (18) The submitted plans indicate considerable improvement to the appearance of the front setback area for this property. The storage,yards are currently ldcated immediately adjacent to.'Miller Street. The proposed 70 foot setback of the storage areas will improve the appearance'of the businesses from the view of the street. Staff recommends the installation of new chain link fencing with PVC slats around the entire property to further improve the aesthetics of the property as viewed from Miller Street: (19) Code Section 18.38.200 pertaining to outdoor storage includes the following stipulations: ",b10 Screening. The storage area shall be surrounded on all sides by a substantial solid and opaque fence or wall at least six (6) feet in height as set forth in Section 18:46.110 (Screening, Fences, Walls and Hedges), unless otherwise specified in the underlying'zone or unless a higher fence is required or approved by the City. AlCstored equipment or material shall be located below fhe fence height. The wall or fence shall be kept in a clean, neat and painted condition, free of graffiti. 'The design: and the materials used for the fence or wall shall comply with fhe provision of Section 18:40.150 (Structural Setbacks and Yards) °Page 3 i of Cf secti~ TI new heigl equip and/i inclu subs appli ".02G .uvu owmce ounwuuna. mcawrayc mca anon uc; Nrupeny yraueu enu; cmyep,~ gravel at least one-inch thick or a layer of concrete or approved asphalt material or simi substance shall be placed over the entire surface or as approved by Eity staff. Addition limitations maybe imposed'f vehiclessuch as trucks or forkliRs are regularly used in the area." The surface of the entire storage'area consists of gravel or asphalt. A recommended condition pf approval includedin the draft resolution requires continued maintenance of the surface areas.:'. `;050 ' Maintenance. The storage area shalfbe kept free and clear of weeds and d. of all kinds, both inside and outside the fence or wall. Any graffdi sha116e removed with forty-eight hours of occurrence," Staff has recommended the standard maintenance conditions pertaining to outdoor storage in the attached resolution. "060 Height of Storage. All outdoor storage shall be below the height of the enclo fence or wall." The'petitioner will be responsible for ensuring that the height'of the chain link fence is equivalent to the height of the outdoor storage: `.070 Vehicles. All vehicles shall be parked`or stored in an orderly manner.'' The`petitioner has indicated thafall vehicles would be parked so as not to inhi circulation or emergency (Fire Department) access. Pi ~~a ur of !YI ju th a m iP' pf bi 1 FINDING (20) B. tfi RECOMMENDATION`. ;, (21) iStaffrecommendsthat,unlessadditional'orcontrary;nformationisY meeting, and based upon the evidence submitted to the Commssioi evidence presented in this staff'~eport, and oral and written evidencE public hearing, the Commission`aoprove this request by adopting thi including the findings and conditions contained therein. rayc v [DRAFT] RESOLUTION NO. PC2004--' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION .FOR CONDITIONAL USE PERMIT NO. 2004-04878 BE GRANTED (1352 NORTH MILLER STREET) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as THE NORTHERLY 132 FEET OF THE WESTERLY 330 FEET OF THE EASTERLY 660 FEET OF THAT PORTION OF LOT 2 IN BLOCK "K" OF THE KRAEMER TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 12, PAGES 87 AND 88 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBEO AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY LINE OF SAID LOT, 28 CHAINS SOUTHERLY FROM THE NORTHEASTERLY CORNER OF SAID LOT; THENCE SOUTHERLY ALONG SAID EASTERLY LINE 12.03 CHAINS TO THE SOUTHEASTERLY CORNER OF SAID LOT; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT, 20 CHAINS TO THE SOUTHWESTERLY CORNER OF SAID LOT; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT, 12.03 CHAINS TO THE SOUTHWESTERLY CORNER OF THE TRACT OF LAND .DESCRIBED IN THE DEED TO EMMA SHAFFER, RECORDED DECEMBER 6, 1917, IN BOOK 136, PAGE 202 OF DEEDS; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID TRACT. 20 CHAINS TO THE POINT OF BEGINNING. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 8, 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 November 1, 2004, Planning Commission public hearing at 2:30 p.m.; 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 request to permit and retain a pallet repair and storage yard and a landscape contractor's storage yard is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section Nos. 18.120.050.0515 and 18.120.050.0545. 2. That the use as conditioned herein will not adversely affect the adjoining land uses and the growth and development of the area in which it is located. 3. That the size and shape of the site for the use is adequate to allow full development of the use in a manner not detrimental to the particular area nor to the health and safety. 4. That the traffic generated by the use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because customers do not visit the site and there is ample room to store trucks and equipment associated with the businesses on-site. 5. That granting this conditional use permit will not, under the conditions imposed, be detrimental to the health and safety of the citizens of the City of Anaheim. 6. That ~~~ indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. Cr\PC2004-0 -1- PC2004- CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to permit and retain a pallet repair and storage yard and a landscape contractor's storage yard 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 subskantial evidence thaf the project will have a significant effect on the environment. , NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the Citizens of the City of Anaheim: 1. That the property shall be permanently maintained in an orderly fashion through the prevision of regular landscaping and fence maintenance, gravel maintenance and asphalt repair, removal of trash and debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 2. That the existing or new perimeter chain link fencing shall be interwoven with new PVC slats. The fencing shall be of sufficient height to fully screen the materials stored outdoors from view of the public right-of-way. Said information shall be specifically shown on plans submitted to the Planning Services Division for review and approval. The fencing shall be constructed within 180 days of the date of this resolution. 3. That no barbed wire or razor wire shall be visible in any direction to any non-industrially zoned property or the public right-of-way. 4. That the outdoor storage shall be limited to pallets and equipment used in conjunction with the pallet repair and storage business and the landscape contractor's storage yard. 5. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the current versions of Engineering Standard Plan Nos. 436 and 470 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said approved plans. The improvements shall be constructed within 180 days of the date of this resolution. 6. That gates shall not be installed across any driveway in a manner, which may adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan No. 475 and shall be subject to the review and approval by the City Traffic and Transportation Manager. Said information shall be specifically shown on plans submitted to the City Traffic and Transportation Manager for review and approval. 7. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use. 8. That the two driveways on Miller Street shall be reconstructed tc accommodate ten (10) foot radius curb returns in conformance with Engineering Department Standard No. 115-A. Said information shall be specifically shown on plans submitted to the Traffic and Transportation Manager for review and approval. 9. That an on-site trash truck turn around area shall be provided per Engineering Standard Detail No. 476 and shown on plans submitted to the Public Works Department, Streets and Sanitation Division for review and approval 10. That the applicant shall submit street improvement plans prepared by a Registered Civil Engineer to the Public Works Department, Development Services Division and a bond shall be posted to guarantee that Miller Street shall be constructed with a landscaped parkway, sidewalk and driveway approach in conformance with Public Works Standard Details 160-A and 115-A. Plans shall be reviewed and approved by the City Engineer. The improvements shall be constructed with 180 days of the Planning Commission resolution or issuance of the first building permit, whichever occurs first. -2- PC2004- 11. That any loading and unloading of equipment or pallets shall occur on-site only, and shall not take place in any required parking area or within the public right-of-way. .... ....... 12. That water backflow equipment and any other large water system equipment shall be installed to the satisfaction of the Water Utility Division behind the street setback area in a manner fully screened from all public streets and alleys. 13. That aBurglar/Robbery Alarm permit application, Form APD 515 shall be obtained from the Police Department and submitted in a complete form. 14. That 4-foot high address numbers .shall be displayed on the office 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 approval in the event the office is constructed. 15. That the proposal shall comply with all signing requirements of Chapter 44 (Signs) for the "I" (Industrial) zone unless a variance allowing sign waivers isapproved by the Planning Commission. 16. That only pallets, chippers, stump grinders, forklifts, equipment, trailers, .and vehicles incidental to the pallet repair and storage business and the landscape contractor's business shall be stored at the property in the designated locations as shown on the approved site plan. Said items shall not exceed the height of the perimeter fencing and shall not be visible from Miller Street. 17. That any oil, fuel or fluid waste products shall be disposed pf in a manner consistent with applicable regulations. 18. That no retail sales of firewood shall be permitted on-site. 19. That all major engine, equipment, and truck repairs and/or overhauls shall be prohibited at the property and only fluid changes, fire changes and tune-ups of business vehicles and equipment shall be permitted. 20. That the property owner shall pay the cost of Code Enforcement Division quarterly inspections for two (2) years from the date of this resolution, to gain and/or maintain compliance with State and local statutes, ordinances, laws or regulations. 21. That plant debris incidental to the tree trimming operation shall not be mulched or allowed to compost on-site. Plant debris shall be removed on a weekly basis between June and October. During this time, no single pile of debris shall remain on the property for longer than seven (7) days prior to total removal of the pile. Plant debris shall be removed within 30 days during the months of November through May. At no time shall any plant material or equipment be visible above the fence line. 22. That a Fire Emergency Listing Card; Form 281 shall be obtained from the Police Department and submitted in a complete form. 23. That a landscape and irrigation plan showing compliance with City standards shall be submitted for review and approval by the Planning Services Division. Plans shall indicate species, size, and location of required trees and plant materials and irrigation details. Said landscaping shall be installed within 30 days of plan approval. 24. That no washing of vehicles or equipment shall occur on the property. 25. That no roof-mounted equipment shall be permitted on the roof of the office building or pole shed. 26. That the office shall not be used for dwelling purposes at any time. 27. That commercial vehicles shall not be stored overnight in the parking lot adjacent to Miller Street. -3- PC2004- 28. That clear unobstructed access to all parts of the property shall be provided as determined by the Anaheim Fire Department at all times. 29. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos.1 and 2, and as conditioned herein. 30. That Condition Nos. 2, 5, 6, 8, 9, 10, 12, 13, 14, 16, 22, 23 and 29, above-mentioned, shall be completed within a period of 180 days from the date pf this resolution. 31. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competentjurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. AND BE IT :FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 1, 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 maybe replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Pat Chandler, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on November 1, 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 PLANNING COMMISSION -4- PC2004- ATTAC:_1ENT -ITEM N0, i3 MEMORANDUM CITY OF ANAHEIM Planning Department DATE: AUGUST 19, 2004 TO: CHERYL FLORES, SENIOR PLANNER FROM: MARTI DE LA CUEVA, CODE ENFORCEMENT OFFICER6f~ SUBJECT: 1352 N. MILLER STREET On December 31, 2003, I conducted an inspection at the above-referenced address due to a fire that occurred on December 26, 2003. At the time of the inspection, Cathy Mobely, Fire Insepector, and Art Hopkins, Building Inspector, and myself, noted several violations. As of August 19, 2004, all Fire and Building Code violations have been abated, however, a Conditional Use Permit is required in order for Mr. Palafox to maintain his pallet business at the currant location. If you have any further questions, please feel free to contact me at extension 4484. ITEM N0. 4 T-CUP 2002-04511 d CUP 32fi] 1 DL T-CUP 2007-04344 g cUP 3159 ~ ~ CUP 2459 AI+ PARq G LOT MOTEL 8 REBTAURANT a z BROOKHURST COMMERCIAL CORRIDOR cL RCL 98-99-11 ~ ~ RCL 57-58-35 Q U I CUP 326Y' U U ~ CUP 3159 MEDICAL OFFICES STONYBROOK DR ~ CL RCL 98-99-11 t RCL SB-59-111 J OFFICE BLDG ORANGE COUNTY LIMITS ANAHEIM CITYLIMITS RCL 9B 99-11 (... VAR 1918 RCL 58-59-34 D.I RCL 57-58-26 W SHOPS 8 Q_' CL COCKTAIL LOUNGE I- RCL 98-99-11 COLCHESTER DR RCL s7-se-es r 120 CL ~ RCL 62-63-113 ~ LF RCL 98-99-17 RCL 54-55-7 p RM- 200 rr RCL SB-59-34 ~ CUP 2317 ~ RCL 58-59-34 ~ r RCUP 3342 6 ~ CUP 2187 ~ RCL 57-58-26 W ~ m CUP 366fi CUP 1977 O APARTMENTS w ~ i'-'q"".-,n GooovE R = BALLHURST PLAZA U ~~ ~ ~~~~~~ Y 9HOPPINO CENTER R ym 0~~~» RCL 98A9-11 Q ~ RM-1200 Z ~ o000o RCL SB-59-34 W APARTMENTS P ~~~ RClL1P 296126 m ~' O APARTMENTS CUP 1354 BROOKMORE AV O / ~ ,~: VANCOUVER DRIVE ~ cuP is2D co ` 7 VAR 1494 RCL 98-99-11 Y I ~ I CL m ~mz RCL fi3-64-108 p I I ~ I RCL 98-99-11 °"ao RCL 62-63.113 p I I -C7I RCL 57-SB-26 um=~¢m BANK ~ 101 RM-3000 I-71 CUP 2004-04861 ~Rc» m Ipl RCL 76-79-45 Iml CuP ifis2 rcU I ~ I RCL 54-55-40 I ~ I Iml CUP 962 I~1 CUP 3458 RCL 96-99-17 I< CUP 1220 Iml f I RCL S4-ssa ~ ~i 60 D.U. CONDO j xl (CUP 15B3j suewnv I I Ip~ SHOPS SANDWICH SHOP I I I ________ % I CUP 3960 RCL 5455-7 ----~ (~"' (----~ CUP 2003-04768 RESTAURANT ®~ CL BROOKHURST COMMERCIAL CORRIDOR RcL 96-99-77 cuP 7444 CL CL RCL 54-55.7 VACAM VAR 2005 I CL I VAR 1211 S cL UP 20D3-04768 RCL 98-99-11 BROOKHURST SHOPPING RCL 9e-99-71 'DST 0 FFICE CENTER RCL 54-55-7 RCL 54-55-40 TLUP 2002-04314 CUP 2003-04768 T- ^AR 2002.04575 CI1P 9007A4579 I.~c«; Conditional Use Permit No. 2004-04861 Subject Property Date: June 28, 2004 Scale: 1" = 200' Requested By: 2230 WEST COLCHESTER, A CALP Q.S. No. 34 REQUEST TO PERMIT AND RETAIN TWO EXISTING CHURCHES, A NARCOTICS ANONYMOUS MEETING HALL, AND TO ESTABLISH LAND USE CONFORMITY WITH THE CITY'S ZONING CODE REQUIREMENTS FOR AN EXISTING NON-CONFORMING COMMERCIAL RETAIL CENTER WITH WAIVER OF MINIMUM NUMBER OF PARKING SPACES. 2230 West Colchester Drive 13aa(2DOa-6-2z) ITEM N0. 4 Staff Report to the ; Planning Commission November,i, 2004 'Item No. 4' 4a. ' CEQANEGATIVEbECLARATION 4b. `WAIVER OF'CODE REQUIREMENT ' 4c. -CONDITIONAL USE PERMITNO. 2004-04861 (Motiohfor continuance) SITE LOCATION AND DESCRIPTION: (1) This irregularly-shaped 0.87-acre property is located at the southeast corner of Colchester Drive and Colbny Street; having frontages of 120 feet on the south side of Colchester Drive and. 321 feet'bn the east side of Colony Street (2230 West Colchester Drive). ::REQUEST: (2) The petitioner requests approval of a Conditional Use Permit to permit and retain two existing churches, a narcotics anonymous'meeting Fall, and to establish land use conformity with the City's zoningcode requirements for an existing non-conforming dommerciaftetail center with waiver of the following: SECTIONS 18.42.040 Minimum number of oarkino spaces. `AND 18.08:070 x,(213 required; 64 existing and proposed and ''recommended by the Traffic and Transportation `Manager)'... BACKGROUND: ' (3) This property is developed with an`existing commercial retail center, is zoned CL (BCCO) (Commercial, Limited - Brookhurst Commercial Corridor Overlay) and is located withiri`the West Anaheim Commercial Corridors constituent sub-area of the Anaheim Redevelopment Project The'Anaheim General Plan Land Use Element Map designates this property and all surrounding properties for Medium. Density Residential land uses.- (4) This item was continued from the June 28, July 26, August 9,'land September 20,:2004, Planning Commissionmeetingsat the request of the petitioner due to a scheduling conflict and o review: the recommendedconditions of approval with staff. Since the September 20, 2004, Commission meeting, staff conducted a physical inspection of the property and is preparing written comments for the' petitioner. In order to evaluate the written comments, the petitioner has submitted the attached'letterdoted October 25, 2004, requesting an additional continuance to the November;l5, 2004JCommission meeting, to'allow time to review staff's comments pertaining to the evaluation of unpermitted improvements to the buildings observed during the inspection. RECOMMENDATION: (5) That the Planning Commission, by motion, continue this item to the November 15, 2004, Commission meeting, as requested by thepetitioner. Sr5126jr Page 1 10/25/2004 16:17 5626241178 v p jy"~9~y~ ~1-',Lll V gJ ~~j~y L.L.P. Aavrneys October 25, 2004 john P. Ramirez Plan~l ~g Department City of Anaheim 200 South Anaheim Blvd., #I62 Anaheim, CA 92805 CGS Re: CUP Application Our Client: 2230 W. Colchester, a CA LP ProBeriv Address: 2230 W. Colchester Dr.. Anaheim. CA Dear Mr. Ramirez: Via Facsimile Only (714) 765-5280 PAGE 02 Pursuant to the October 14°i meeting with the City of Anaheim, the referenced applicant is requesting a postponement of the hearing on the CUP application from November 1, 2004 to November I5, 2004 at 2:00 pm. Please contact my office to confirm that the hearing has been postponed Thank you for your time and attention to this matter. Very truly yours, CURD, GALINDO & SMITH, L.L.P. Joseph D. Gird JDC:gc cc: Client ATTACFPIENT -ITEM N0, 4 0 301 Easy Ocean Blvd. • Suite 460 • Long Beach • CA • 90802 • (562) 624-1177 • Fax (562) 624-1178 Conditional Use Permit No. 2004-04883 Requested By: BEAGLE PROPERTIES A PARTNERSHIP z Subject Property Date: November 1, 2004 Scale: 1" = 200' Q:S. No. 103 .REQUEST TO RETAIN AN EXISTING CHURCH WITHIN AN EXISTING SINGLE-FAMILY RESIDENCE WITH WAIVERS OF: (A) MINIMUM SETBACK FOR INSTITUTIONAL USES ABUTTING A RESIDENTIAL ZONE BOUNDARY (B) MINIMUM NUMBER OF PARKING SPACES 1521 East Lincoln Avenue 1493 (2004-10-20) ITEM N0. 5 5a. CEQA NEGATIVE DECLARATION Sb. WAIVER OF CODE'REQUIREMENT 5c. :CONDITIONAL USE-PERMIT N0. 2004-0488 SITE LOCATION AND DESCRIPTIONC PREVIOUS ZONING ACTIONS: (5) The following zoning cases pertain to this property: (a);Conditional Use Permit No. 308 (to establish a day` children);was approved by the Planning6ommissio (b)(Conditional Use Permit No. 547 (to establish an es~ residence) was approved by the City Council on Ap, use). Sr8774dhb:doc c ~, raog mans maica~e an omce Page 1 DE' (6) (~) (8)' Use Square Code Required:Parking Parking Feet Spaces Re wired Meeting Room (assembly) 552 29 spaces per 1,000 square feet x16.0 of assembly area or 0.333 space er fixed seat whichever is' rester Office 126 4 spaces per 1(,000 square feet of D.5 ross floor area Restrooms 104 N/A'i N/A Garage (indicated on'plans as 36p N/A s' N/A stora a area Kitchen 121 .02 space/maximum capacity of 1 kitchen area Accessory Church Uses (foyer) 308 N/A > N/A Bedrooms` 235 N/A : N/A TOTAL 1,806 ' 18 Note: Code`does not reouire anv oarkina t ar the'acceccnrv uces ~P n fnvrrl'nmviAoH <i irF rm<~~o nnf „~e.l Page 2 Staff Report to the 'Planning .Commission °November;1, 2004 .Item No. 5; View from Larch Street ~: Yt ;y r~ E: e 7~''~'~` ~' ~" ~c',xrJt ~ iii,~s~ is (11); The petitioner has submitted'the attached letter of operation'dated July;19; services would be from 11 a:m. to 12:30 p.m, and 6 p.m, to 7:30 p.m. on' S Wednesdays from 7:30 p.m.- 830 p.m~ The office hours would be Mond. from 9:00 a.m. to 2:00 p.m. The petitioner has indicated thaf the congregal approximately 10 members but there is heater type seating,f or approzima 4 each meeting time,: ENVIRONMEtt (12) .Staff has the Plan recommf Commis: proposed on=stte parking is notsutticient tor;the church. ttased on the parking sway, cne parking supply provided'is 33% of the Code-required parking for the proposed church.,`The parking study;also counts 10 off-site parkingspaces on an adjacent property (a Glass Shop) towards fulfilling the Code-required parking far the church operation. Code'does not permit the counting of parking areas located on an adjacent property unless that p~opertyr has: parking spaces in excess of the Cdde requirement for the use(s) located on"the premises. The business lacated on the adjacent property (the Glass Doctor Shop) can; by right, change the days and hours of operation. 'At any time, depending on thedevel of business activity, the adjacent business may change their hours of operation: or the number of workers they :employ Page 5 / A'f (e) That the waiver, under the conditions imposed, if any, y toior egress.from adjacent properties upon'the public st the proposed use. Unless conditions to the contrary are expressly imposed ups pursuant to this Section by he Planning Commission or Cit: such waiver shall be deemed contingent upon operation of! the assumptionsrelating to the operation and intensity of thi parking demand tudy that formed the basis forapproval of "Staff Report to the ' Planning;Commissioh November; l , 2004 `Item No. 5' violating, intensifying or otherwise deviating from any!pf said assumptions as contained in the parking'demand "study shalt. be deemed a violation of the express conditions imposed upon said waiver which shall subject said waiver to termination or modification pursuant to 'the provisions of Section 18.60:200 (City-Initiated Revocation o[ Modification of Permits). (20) Before the Planning Commission grants any conditional use permit, it must make a finding of factthat the evidence presented shows that all of the following conditions exist: (a) That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code, or is an' unlisted use as defined in Subsection :030 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority); (b) That the proposetl use will not adversely affect the adjoining land uses or the growth and developmenf'of the area in which'tt is proposed to be located; (c) That the size and'shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety; (d) ' That the traffic generated by the proposed use will not impose an undue burden .upon the streets and highways designed and improvedi to carry the traffic inthe area;`and (e) That the grantingbf the conditional use permit under the cohditions imposed, if any, will not be detrimental to the health and safety of the`citizens of the City ofAnaheim.' RECOMMENDATION: (21) (a) Staff recommends that, unless additional or contrary information is received during the hearing, and based upon the evidence ubmitted o the Commission, including the evidence presented in this staff report,.. and oral and written'evidence presented at the public hearing, the Commission denv;the petitioner's request by adopting the attached resolution including the findings contained therein. (b) ; Should the Commission wish to approve this request, staff recommends that appropriate findings be made and incorporated into a resolution of approval including the following conditions of approval: THEFOLLOWING CONDITIONS ARE SUBMITTED BYVARIOUS CITY DEPARTMENTS ACTING AS ? AN INTERDEPARTMENTAL COMMITTEE'AND ARE RECOMMENDED: FOR ADOPTION BY THE PLANNING COMMISSION IN THE EVENT>THAT'THIS PERMIT IS APPROVED. 1. That the hours of operation shall be limited to'Sunday services from 11 a.m. to 12:30 pm., and 6 pim, to 7:30`p.m. and Wednesdays from 7:30 p.m.-8:30 p.m.; and officefiours Monday through Friday from 9 am. to 2 p.m. 2. That the number of persons in the congregation at any one time that are driving age (sixteen (16) years of age and over) shall be limited to 10 persons. If the number of such congregates of driving age exceeds 10 members, at any one time, the applicant shall then submit a'parking mahagemehti plan to theSraffic and Transportation Manager for review and approval at a noticed public: hearing. 3. That no outdoor services shall be permitted. All services shall be conducted within the building atoll times. Page 7 Staff Report to the Planning Commission November 1, 2004 Item No. 5 4. :That gates shall notbe installed across any driveway in a manner which may adversely affect vehicular raffic in the adjaceht public streets. Installation of any gates shall confo[m to Engineering Standard Plan No 475 and shall be subject to the review acid approval of the City ':Traffic and Transportation Manager. 5. ':That plans shall be submitted to the City Traffic and' Transportation Manager for his review arid ;'approval showing conformance with the current version of Engineering;Standard Plan Nos. 436 and 470 pertaining to parking standards and driveway locations. Subject property, shall sthereupon be developed and maintained'in conformance withsaid planst 6. That no required parking area shall be fenced or otherwise enclosed foroutdoor storage uses. 7. .That trash barrels shall be stored out of public view. 8. That aBurglar/Robbery Alarm permit application, Form APD 515 shall be obtained from the Police Department'and submitted in a complete form. 9. :That a Fire Emergency Listing Card; Form APD-281 shall be obtained from the Police 'bepartment and submitted in a completeform. 10. .That an uhsubordinated parking agreement, in a form satisfactory to theiCity Attorney, shall tie recorded with the Office of the Orange County Recorder. Said agreement shall provide for a minimum of twelve (12) off-site parking spaces. A copy of the recorded(agreement shall be rsubmitted`to the Planning Services Division. 11. That subject property shall be tleveloped'substantially in accordance with plans and specifications submitted to theCity of Anaheim by the petitioner and which plans are on file !with the Planning Department marked Exhibits Nos: 1, 2 and 3, and as cbnditioned herein. 12. (That within sixty (60) days from the date of this resolution, Condition Nos. 5, 6, 9, 10, and 11 iabove-mentioned shall be complied with.: Extensions for further time to complete said conditions may be granted inaccordance with Section 18.40:040.040 and 18.42.040.010 of the rAnaheim Municipal;Code. 13. That at approval of this application constitutes approval of the`proposed'request only to the 'extent that it complies with the Anaheim'Municipal Zoning Code and any other applicable City, State and'Federal regulations.': Approval`does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. Page 8 [DRAFT] RESOLUTION NO. PC2004--** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04883 BE DENIED (1521 EAST LINCOLN AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: LOT 6 OF TRACT NO, 1428, IN THE CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOK 47, PAGES 8 AND 9 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 20, 2004, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and reCbmmendations in connection therewith; and that the item was continued to the October 18, 2004, meeting and further continued to the November 1, 2004, meeting; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of atl evidence and reports offered at said hearing, does find and determine the following facts: 1. That the petitioner proposes to retain an existing church within an existing single family residence with waivers of the following: (a) SECTION N0.18.40.040.040 Minimum setback for institutional uses abutting a residential zone boundary (15 foot wide setback required; 5 feet existing adjacent to the building and 3 feet adjacent to the parking area) (b) SECTION NO. 18.42.040.010 Minimum number of parking spaces (18 required; 6 proposed and not recommended for approval by the Traffic and Transportation Manager) 2. That waiver (a) is hereby denied on the basis that permitting a 3 to 5-foot wide setback adjacent to the existing single family residence to the north would negatively impact the adjacent residential neighborhood due to additional traffic, lighting and noise impacts from the proposed church. 3. That waiver (b) is hereby denied because the intensification of the site from a single family use to a church use would 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 the use under the normal reasonably foreseeable conditions of operation of such use. 4. That the church use would increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use; and will increase the demand and competition for parking spaces upon the adjacent single family neighborhood and commercial property in the immediate vicinity of the proposed use. 5. That the church use would increase traffic congestion within the off-street parking area provided for the use. CR\PC2004-0 -1- PC2004- 6. That the church use would impede vehicular ingress to or egress from adjacent single family properties upon the public streets in the immediate vicinity of the proposed use. 7. That the proposed church use within an existing single family residence is hereby denied because the operation would be detrimental to the health and safety of the surrounding single family neighborhood and that the proposed use is incompatible with the surrounding area and character of the residential area to the north and the commercial property to the east. 8. That the size and shape of the site proposed for the use is not adequate to allow full development of the proposed use in a manner not detrimental to the particular area nor to the health and safety of the Citizens of the City of Anaheim. 9. That "` indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to permit a church within an existing single family residence with waiver of minimum setback for institutional uses abutting a residential zone boundary and minimum number of parking spaces; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby deny subject Petition for Conditional Use Permit, on the basis of the aforementioned findings. AND BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 1, 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 PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Pat Chandler, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on November 1, 2004, by the following vote of the members thereof: -2- PC2004- AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2004. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2004- ITEM N0. 6 GH R~'E ~ A 10U ~ CUP Z4g .. . t KF AS GUP S REA B gEO Pa \NN P~ON AyE eE BEACON AVE - as-~ i _ V ~ EpGH /tG U - RS-2 ~v w 1 DU EACH ~ ~ _ CPU UGH ~ R Psa s RE AVE C 35 PSN\ M NA cuP zes7 B6 R CUP 2727 V P \ CUP 1861 = CUP 2726 CUP 200 W RS iQ SENIOR CITIZEN RM-4 ' EAI U T APARTMENTS RCL 85 66-15 W ~ D CUP 3164 723 DU CUP 2004-D4917 ~ •- CUP947 CUP 3135 c~ ~ S CUP 62 CUP 2727 CHURCH ~ ~~ T PVE CUP 1861 J oN ERM WALNUT MANOR V RETIREMENT COMMUNITY ~ N ~' 1D 7152 RS 2 ~ a 1 DU EACH r p ' 312 i'® 644 I BALL ROAD W RS2 W RCL 80.81-2]. CUP 86 W W d' SP 92-2 RCL 666]-6t 151 a, 21 H- GUP d062 GUP 2810 ~ N RS-2 ~ VARP91865 ~ 1 DU EACH 1-- SERV. STA Iy1 ~ ANO MINI-MART J Q ul a SP 92-2 RCL 66-67-61 (26) LL ~ HOLIDAY STATION Conditional Use Permit No. 2004-04917 Subject Property Date: November 1, 2004 Scale: 1" = 200' Requested By: FRONT PORCH Q.S. No. 64 REQUEST TO ESTABLISH A 1 TO 3-STORY 156-UNIT SENIOR CITIZENS APARTMENT R ETIREMENT COMMUNITY INCLUDING INDEPENDENT LIVING, ASSISTED LIVING., MEMORY IMPAIRMENT, AN D VARIOUS RECREATIONAL FACILITIES FOR SENIOR CITIZENS (WALNUT VILLAGE) AND RETAINING AN EXISTING 99-BED SKILLED NURSING FACILITY AND CHAPEL WITH WAIVERS: (A) MAXIMUM STRUCTURAL HEIGHTADJACENT TO SINGLE-FAM ILY RESIDENTIAL ZONE (B) MINIMUM LANDSCAPED SETBACK ADJACENT TO SINGLE-FAMILY RESIDENTIAL ZONE (C) MINIMUM STRUCTURAL AND LANDSCAPED SETBACK ADJAC ENT TO BALL ROAD AND WALNUT STREET (D) MAXIMUM NUMBER OF FREESTANDING SIGNS (E) MAXIMUM FENCE HEIGHT ADJACENT TO BALL ROAD AND WALNUT STREET (F) MAXIMUM LOT COVERAGE (G) MINIMUM NUMBER OF PARKING SPACES (H) MINIMUM FLOOR AREA PER UNIT 805 East Sycamore Street- VFW Hall No. 3173 1553 T RS-2 CUP 443 CUP 77 1 DU EACH VAR 4038 CHURCH m~ 2om- 0020Y RS-3 76-76-33 R 2608 U EACH RS-2 1 DU EACH T 1 pU RS-2 1 DU EACH RS 2 - ITEM N0. 6 Staff Report: to the Planning Commission S November T, 2004 Item No. 6 6a. `CEQA MITIGATEDNEGATIVE DECLARATION (Motion) 6b. WAIVEROF CODE' REQUIREMENT (Motion) 6c. iCONDITIONALrUSE PERMIT NO. 2004-04917 (Resolution)': SITE LOCATION AND DESCRIPTION: '(1) This irregularly-shaped Z7-acre property is located at the northwest corner of Ball Road and Walnut Street with frohtages of 644 feet on the north side of BaII Road and 600 feet on the west side of Walnut Street (891 South Walnut Street -Walnut Manor Retirement Community) ':REQUEST: (2) The petitioner requestsapproval of the following: Conditional Use PermifNo. 2004-04917 to establish a 151-unit (advertised as 156-unit) senior citizen's apartment retirement community including independent living, assisted living,'memory , impairment and various recreational facilities for senior citizens'(Walnut Village} and retaining an?existinc 99-bed skilled nursina'facilitvsnd chapel under the authority of Code Section (c) SECTION NO. 18.06.090.040- Minimum landscaped setback adjacent to a single-family residential'zone 10-foot fully;landscaped'setback required; 7:8 foot proposed) (d) SECTION NOS. 18'42.030.0201 AND Minimum number of parking 18.42:40:10 spaces 419 required;242 proposed) (e) SECTION NO. 18.44.070 - (Maximum number of freestandino'sionsl .(DELETED) (f) SECTION NO. 18.48.110.030 - Maximum fence height adjacent to Ball Road and Walnut Street 3=foot high fence permitted within required ' front yard setback; 6-foot high wrought iron fence proposed Sr8805dh.doc Page 1 (g) SECTION i pirection General Plan Designation `, North Residential Low East across wamuFStreet Residential Low = South across aau Road Residential Low West > Residential Medium vw ~wnwovc rrcvrvor~c (6) The petitioner proposes to tlemolish the entire existing facility with the' and the'99-bed skilled nursirig facility and construct new facilities inclu apartment units which would' offer several senior living options includi~ assistetl living and memory impairment. Skilled nursing facilities woul~ site within the new'complex. The proposed stte services for residents activities, transportation and medical care in order to make the site a'c Y' ie `Develo ment Standards Pro osed Pro'ect RM-4'Zone Standards Site Area 7.7-acres 336149 s uare feet N/A '! iMinimum Lot W idth '..644 feet 70 feet Number of Dwellin Uhits 151 units '280 units'max. Avera e Land Area er Unit 2,226's uare feet 1;200 s.f. eruhit min. ' Lot Coverage T45% 45% maz. Average Recreation/Leisure Area per Dwelling Unit 513 s:f: per unit (77,589 square feet total for exterior and interior recreation/leisure area) 200 .f. per unit min. (30,200 s.f. total) Direction Proposed'8tructuralsnd Landscaped Code-Required Structural and Landscaped Setbacks Setbacks North (adjacent to single Building heights and setback rangingfrom Building heights and setback ranging from residences) : family 34-foot high building with a '.. 25-foot.h(gh bulldingwith a . . i50.foot. widesetback 50 coot widesetback to to 50-foot high building with a '. 50-foot high building with a ?85 foot wide: setback :100 fdot wide setback 7.5 feet of landscaping proposed 10 feet of landscaping required East,(adjacent to wamut 5 to 10 foot wide building and 20-foot wide building and landscape setback street) lahdsca ed etback South (adjacent to eau 15-foot wide setback to balconies and 20 20 foot wide building and landscape setback Roaa> fooflandsca ed setback`: West (adjacent to 40 foot wide building setback 15-footwide building setback exisung apartmenfunits) 5 foot wide landsca ed settiack 5=foot widelandsca esetback Prot Use' i S1Ze Code-Required Parking '.Parking , Re wired Office ,5,247 4 spaces per 1,000 21 s.f. square feet Chapel 100 .333 per fixed seat 33 'seats Skilled Nursjng Facili 99 beds 0.8 space per bed 79 Alzheimer Facility 14 beds 0.8 space per bed 11 1-bedroom units 35 units 1 space per unit 35 2-bedroom units 108 "units 2 spaces per unit 216 3-bedroom units 8 units 3 spaces per unit 24 TOTAL'.. 419 (16) , Staff Report to the Planning Commission r November 1 2004 Item No. 6 open space recreation areas (Village Gardens, Village Center and Village Park). Decorative paving, a koi pond, and gazebo, sculptures, and decorative benches are also proposed: Code requires one 24-inch box evergreen tree for every 20 feet of streetfrontage to be planted in the landscape setback adjacent to BaII Road (644 feet/20 =32) and Walnut Street (600 feet/20=30). A layered landscaped`aheme is also required to provide depth and variety within the landscapetl setback adjacent to the street: Along the interior property lines of the site, plans indicate 24 Afghan pine gees within the 7-foot 6-inch planter adjacent to the existing single family residences to the Korth. As a recommended condition of approval, the,petitionerwill be required to submit final detailed landscape and irrigation' plans forstaff review. (17) Sign plans (Exhibit No. 29) indicate'a monument sign antl 3 directional signs:' Code permits a maximum of two freestanding ideritification signs (one per street frontage). As a recommended condition of approval, the petitioner will be required to submit a final detailedsign program for staff review. ENVIRONMENTALIMPACTANALYSIS: (18) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review in the Planning Department) and finds no significant adverse environmental impacts which cannot be mitigated to a level ofiinsignificance. Mitigation measures pertaining to short-term construction impacts, lighting and noise have been identified in theiNegative Declaratioh and incorporated into Mitigation Monitoring Plan No.125 for the project: Therefore, staff recommends that a Mitigated Negative Declaration be approved upon a finding by the Commission that the declaration reflects the independent judgment of the lead agency;°and that it has considered the proposed Mitigated Negative Declaration together with any comments received during the public review process and: further finding on the basis of the Initial Study ... _...._. ...a .ro_.....~ ~.._a _... __ __.. _. ... _i ,_ ._ _ __ - '(19) As part of the Initial Study, a shadeantl shadow analysis was conducted to determine the impact of the proposed 3-story building on the single-family residences to the'north. The analysis used the Wintee(December 21) and Summer (June 21) Solstices to'tletermine how the ` residences would be affected by the building mass. The study concluded that during the Summer Solstice, no impact would'occur. During the W inter Solstice, shading would occur on the back wall of six of the residences between 8 a.m. and 10 a.m. and in the`afternoon between 4p.m. and 6 pm., only three residences woultl be impacted. Since the days are much shorter during the Winter Solstice, this represents little if any impact during the Tate afternoon/evening hours. Further, since the Winter Solstice represents the worst-case scenario on a single day during the year, the shadow cast during the morning would gradually decrease until the Summer Solstice is reached. GROWTH MANAGEMENT ELEMENT ANALYSIS: (20) The proposed project has been reviewed by affected City departments to determine whether it conforms with the City's Growth Management. Element adopted by;the City Council on March 17, 1992. Based on City staff review of the proposed project, it has been determined thatthis project does not fit within the scope necessary to require a Growth Management Element analysis, therefore, no analysis has tieen performed. ' Page 5 ' c EVALUATION: (21) The Anaheim General Plan Land Use Element designaG land uses, with a density range of 0 to 36 dwelling,units'j .............A4...~ .... ~...5..~....~..4 ..~ .............i '.:MK 1....- .:..1....1:: designation for thesite. Senior ctt¢en's apartments and + the RM-4 zone, subject to the approval of a conditional u (22) 'Waiver (a) pertaining to maximum lot coverage has been, ground parking uuunuai y.:: ui buwuun, pass sueec w~eening nas runner resmcteo me eeveiopaoie pon ,property. The petitioner's Statement of Justification"for Code Waiver (attached) Indic he fence is needed for security reasons. The petitioner has also indicated that they 'currently in the process of obtaining an encroachment permit from the Public Works !Staff feels'that this waiver is justified due'to the fact: that the fence will be designed to' 'complement the arcfiitectural style of the buildings and provide security for the slte:` (d) That the waiver, under the conditions imposed, if any, will not impede vehicular or egress from adjacenPproperties'upon the public streets in the immediate vic proposed use. Unless conditions to the contraryare expressly imposed upon the granting of any waive to this Section by the Planning Commission or CityCouncil, the;granting ofany suchw be deemed contingent upon operation of such use in conformance with theassumption the operation and intensity of theuse as coritained in the parking. demand study thaffo~ PagF [DRAFT] RESOLUTION NO. PC2004--` A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04917 BE GRANTED (891 SOUTH WALNUT STREET) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL A: PARCEL 1 FO PARCEL MAP NO. 87-237, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER FILED IN BOOK 225, PAGES 34 AND 35 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 1, 2004, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section Nos. 18.06.160.030.0402 and 18.50 to construct a 151-unit senior citizen's apartment retirement community including independent living, assisted living, memory impairment and various recreational facilities for senior citizens (Walnut Village) and to retain an existing 99-bed skilled nursing facility and chapel with waiver of the following: (a) SECTION NO. 18.06.080.010 - Maximum lot coverage (DELETED) (b) SECTION NO. 18.06.090.0101- (c) SECTION NO. 16:06.090.040 - (d) SECTION NOS. 18.42.030.0201 AND 18.42.40.10 (e) SECTION NO. 18.44.070 - (f) SECTION NO. 18.46.110.030 - Minimum structural and landscaped setback adiacent to Ball Road and Walnut Street. (20-foot widefully setback landscaped required; 15 to 20 feet proposed for Ball Road and 5 to 10 feet proposed for Walnut Street) Minimum landscaped setback adiacent to a sinole-family residential zone 10-foot fully landscaped setback required; 7.5 foot proposed) Minimum number of oarkinc spaces 419 required; 242 proposed) (Maximum number of freestandino signs) (DELETED) Maximum fence heioht adiacent to Ball Road and Walnut Street Cr\PC2004-0 -1- PC2004- (3-foot high fence permitted within required front yard setback; 6-foot high wrought iron fence proposed (g) SECTION NO. 18.50.040 - Maximum structural height (25 to 42.5 foot high building permitted with a setback of 50 to 85 feet from single-family residential zone required; 34 to 50-foot high buAdng with a setback of 50 to 85 feet from a single-family residential zone proposed) (h) SECTION NO. 18.50.040.040.0401 Minimum floor area oer dwelling unit (400 square feet required per bachelor unit; 335 square feet proposed for 2 guest units) 2. That the proposed use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located as staff believes the proposed project is compatible with existing and surrounding land uses and that the deviations from Code would achieve a good project design to enhance the livability for residents within the project, and create a project that is compatible and consistent with surrounding land uses. The proposed use would not adversely affect the adjoining .land uses and the growth and development of the area in which it is proposed and because 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. 3. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety. 4. That as demonstrated by the parking study submitted by the applicant, 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 as the proposed project would contain 68 more parking spaces than currently exists on the property and the number of units have been increased by only 18 units. 5. That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. 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: That the Planning Commission has reviewed the proposal to establish a 151-unit (advertised as 156-unit) senior citizen's apartment retirement community including independent living, assisted living, memory impairment and various recreational facilities for senior citizens (Walnut Village) and retaining an existing 99-bed skilled nursing facility and chapel, mitigation measures have been identified in the Negative Declaration and Mitigation Monitoring Plan No.125 for the project. Therefore, staff recommends that a Mitigated Negative Declaration be approved upon a finding by the Commission that the declaration reflects the independent judgment of the lead agency; and that it has considered the proposed Mitigated Negative Declaration together with any comments received during the public review process and further finding on the basis of the Initial Study that there is no substantial evidence, with the imposition of mitigation measures, that the project will have a significant effect on the environment. Commission may wish to note that the mitigation measures identified and incorporated into this Negative Declaration are subject to the monitoring/reporting program as set forth by Section 21081.6 of the Public Resources Code. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: -2- PC2004- 1. That the developer shall be responsible for compliance with all mitigation measures within the assigned time frames and any direct costs associated with the attached Mitigation Monitoring Program No. 125 as established by the City of Anaheim and as required by Section 21081.6 of the Public Resources Code to ensure implementation of those identified mitigation measures. 2. That final landscape and irrigation plans shall be submitted to the Planning Services Division for review and approval. Said plans shall show minimum 24-inch box size evergreen trees on maximum 20 foot centers along the north property line. Any decision made by the Planning Services Division regarding said plan may be appealed to the Planning Commission as a Reports and Recommendations item. All trees shall be properly and professionally maintained to ensure mature, healthy growth. 3. That an Encroachment License for the 6-foot high wrought iron fence along Walnut Street shall be obtained from the Public Works Department. 4. That final building elevation plans, a colors and materials board, and street presentation plans, showing building articulation and architectural embellishments for all elevations, shall be submitted to the Planning Services Division for review and approval. Any decision made by the Planning Services Division regarding said plan may be appealed to the Planning Commission as a Reports and Recommendations item. 5. That a final detailed signage program (revising Exhibit No. 29) indicating sign types and location shall be submitted to the Planning Service Division for review and approval. Freestanding signs visible to the public right-of-way shall be limited to one (1) 20 square foot identification sign per frontage. Any decision made by the Planning Services Division regarding said sign program may be appealed to the Planning Commission as a Reports and Recommendations item. 6. That all air-conditioning facilities and other ground-mounted equipment shall be properly shielded from view and the sound buffered from adjacent residential properties. Such information shall be specifically shown on the plans submitted for building permits. 7. That a minimum 6-foot high block wall shall be installed along the north property line abutting the single-family residential zone boundary. Said block wall shall be planted with clinging vines on the south side in order to reduce graffiti opportunities. Said :information shall be specifically shown on plans submitted for building permits. 8. That all plumbing or other similar pipes and fixtures located on the exterior of the buildings 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. 9. That the property shall be permanently maintained in an orderly fashion by providing regular andscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from. time of occurrence. 10. That property owner shall submit a letter requesting termination of Conditional Use Permit Nos. 3135 (to permit a child day care center), 1861 (to expand a retirement home) and 200 (to permit a home for the aged) to the Planning Services Division. 11. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 12. 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. 13. That any required relocation of City electrical facilities shall be at the developer's expense including the existing electrical power poles located along the north property line. That landscape and/or hardscape -3- PC2004- screening of all pad-mounted equipment shall be required and shall be 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 plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 436 and 470 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 16. 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. 17. 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. The turn-around area shall be provided through each construction phase of the project. Said turn-around area shall be specifically shown on plans submitted for building permits. 18. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said Department. Said information shall be specifically shown on plans submitted for building permits. 19. 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. 20. That a comprehensive solid waste management program shall be submitted to the Public Works Department, Streets and Sanitation Division. 21. That the developer shall submit street improvement plans to the Public Works Department, Development Services Division to improve Walnut Street (Secondary with a bike lane and a 45-foot Y: width) in conformance with Public Works Standard Detail 160-A. Walnut Street shall be widened 15 feet per Standard Detail 160-A (existing 20-feet between centerline and curb, 35-feet required). A 5-foot wide parkway landscaping strip and 5-foot wide sidewalk shall be constructed with the parkway irrigation connected to the on-site irrigation system and maintained by the property owner. No additional right-of- way dedication is required. A bond shall be posted in an amount approved by the City Engineer and a form approved by the City Attorney prior to issuance of a building permit. A Right-of-Way Construction Permit shall be obtained from the Development Services Division for .all work performed in the right-of- way. The improvements shall be constructed prior to the certifidate of occupancy. 22. That the existing public utilities easement shall be abandoned. An abandonment application, copy of recorded easement, Grand Deed or Title Report, and sketch of the area to be abandoned shall be submitted to the Real Property Section of the Public Works Department. 23. That prior to grading plan approval; the applicant shall demonstrate that coverage has been obtained under California's General Permit for Stormwater Discharges Associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (W DI) Number. Theapplicant shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall be kept at the project site and be available for City review on request. 24. That prior to grading plan approval, the applicant shall submit a Drainage Study prepared by a regiskered professional Civil Engineer in the State of California. The Study shall be based upon and reference the latest edition of the Orange County Hydrology Manual the applicable City of Anaheim Master Plan of Drainage for the project area. All drainage sub-area boundaries per the Master Plan for Drainage shall be maintained. The Study shall include: an analysis of 10-, 25- and 100-year storm frequencies; an analysis of all drainage impacts tp the existing storm drain system based upon the ultimate project build-out condition; and address whether off-site and/ or on-site drainage improvements (such as detention/ retention basins or surface runoff reduction) will be required to prevent downstream properties from becoming flooded. -4- PC2004- 25. That the City of Anaheim Sewer Impact Mitigation fee for the Old Town/Basin 8 Area shall be paid. The mitigation fee is currently $1,706/unit for multi-family developments.. 26. 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. 27. That 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 onste, and • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 28. That the developer shall submit landscape and irrigation plans for the public parkway along Walnut Street. The plans shall be included in the street improvement :plans and shall be approved by the Planning and Public Works Departments. 29. That the legal property owner shall irrevocably offer to dedicate an easement to the City of Anaheim for a corner cutoff at the Walnut Street and Ball Road intersection. 30. That .any existing driveway approaches on Ball Road or Walnut Street that are being closed shall be replaced with curb, gutter, parkway landscaping and sidewalk. All proposed new driveways on Ball. Road and Walnut Street shall conform with Public Works Standard Detail No. 115-A. Said information shall be specifically shown on plans submitted for building permits. 31. That the City of Anaheim Drainage Impact and Improvement Fee for the South Central Area shall be paid. The fee is currently $16,312 per acre. 32. That the existing buildings (except the Chapel and 99 Bed Skilled Nursing Facility) on the property shall be demolished. The legal property owner shall obtain a demolition permit from the Building Division. 33. 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 comply with current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division 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. 34. That since this project has a common 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. -5- PC2004- 35. That all existing water services and fire lines shall conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire-line. 36. 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 City Attorney shall be posted with the City of Anaheim. 37. That prior to application for water meters, fire line or submitting the water improvement plans for approval, the developer/owner shall submit to the Public Utilities Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. 38. That address number shall be position so as to be readily readable from the street. Minimum number height of 12 inches recommended. Numbers should be illuminated during hours of darkness. Said information shall be specifically shown on plans submitted for building permits. 39. That 4 foot high rooftop numbers shall be placed on the roof in a contrasting color to the roofng material and shall not be visible from adjacent public streets. Said information shall be specifically shown on plans submitted for building permits. 40. That adequate lighting of parking lots, shipping and receiving areas, circulation areas, aisles, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property and vehicles on-site. Said information shall be specifically shown on plans submitted for building permits. 41. That the two guesk units shall not be used as primary residences. 42. That the ancillary support services for the residents shall only be used for residence, their guest and persons employed at this facility. 43. 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 30 as conditioned herein. 44. That prior to issuance of a grading plan, Conditions Nos. 23, 24, 26 and 45, above-mentioned, shall be complied with. 45. That prior to occupancy of the facility Condition Nos. 21 and 27, above-mentioned, shall be complied with. 46. 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. 2, 3, 4, 5, 6, 7, 8, 9, 10, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 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. 47. That prior to final building and zoning inspections, Condition Nos. 27 and 43, above-mentioned, shall be complied with. 48. 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. -6- PC2004- BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, - . and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 1, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Pat Chandler, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on November 1, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN W ITNESS WHEREOF, I have hereunto set my hand this day of 2004. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -7- PC2004- H W f~ W 5 3 W H 3 N ti 01 y ° r O .G 'C ~ y ~ '~ d ° ._ C 3 o° m `o ° ~~°~ v w .^~ s v ~ > U s N N vi ~y .° OD d G~ ro N ~ '9 s d ~ .F ~~ y •y ``°. S `aa ~ `ro B aEi aci ~ co ~ y E~ m m E .°' °' ° o m en m o o _' .a Q s Z' o v en s v S o d m •o aci = 0 3 y ~ d 'S ~ c ~ :n aSi '.S. C w ~` O U y ys~+ d ro w y .0 Q C. •C O y Cp N N 0J 'O G id ^ a> a~ c c~ L y v~ O vp .C ~ ~~ V U .~ S A N ~N.. Cq ° v O ~ ~. ^ oU'C ° "~ ,,, ~ :E pU $ a ~ o E o c g ~ c N y ~~ C ~ O C A N O ~ ~ .C ~~ .y ''m ~ .yC > 0 N U = N Yp O T ~ ~ '~ jt,~7 .~ ~ CC a°i a~~ V ~,,~ ~ ,m°w E 3 ~ ~ pp y ~ O v b0 m °A v.° ~ ti d c e0 a~ 'O ,~v fs°. .5 ;Ua .~ ~c~ .n~~~~ u rJo3oE •.+ m ~ is an d w A ~_ C? ° E ro rn C ~ .? ~~ b •~•° ~ ~ ~ 3 ~ ~ m o ~ E ~ .N 3 o N 3 ¢ `o' ?o.~ras ~ E .E ~a d H ~ N N T+' y O v ;U rn F' 'rJ •~r. .c 'i~ o 'S 'c o A '- m `~' .o., 3 m q ~ c =,° cy ro o ~ y~ 'yomEc a,s °°ra~-'E c •~ ,D •°- q o o` ° c on 3 ~ w° w°' c w c °= v '~ q~ d o e ~ na~ E.S "sa- ~0~' a o~c° o'> Q ~ m~ ~ h w'•na F caa3.3 C•= O E5 E °_' ° w ° a~•o E U o`..~ m n". F .: ri ri < ~~ N ~ C d ~ 0 C e .Q ti 0 a O U v m C a 3 CYfd ~ - A' S 5!-i O %V .._.. O C • . _ ,'> E 3 ~ y W.4 ^ Q 0 U •U .O 6. y y Q'~ } L U ~ ~ .N = p > ' ' v;'a n ~~ q ~ n• u. m U "O G ~ . O ~ .. •J.'` ~ ~ C ~ aCi °c. '. .5 .5 + ° ~ E d ~ = ~ n ~ E a a'aq n. w° . ac. i Scaciwow A ~ ~~ ~, ~ E o ~ .3 a u o F°F ai A L 5 = ti •m ° =o •o ~ o ~ ~? m o• v~ v4; i ' b N s s a ~ c'-f-' .. R E C, a_w am N ~ m c o op Ep _' c c m > o E 3 .: v a a ^ ~ .v, ~°, ~ y r `° m x . v ._ oa E E E H . ~ 3a o m ~ .~ m '~ ~ :? ' _ •O E ° 6 E E ' y a ~, =~ ~ ^ a i ~ ~ C 0 o m O '~ o n o ~ . o O W O G E' v •O N O id • E • an y v v •3 u y F G ' A t° U~ u o C ~U, o^ y ~~'., v ~ ., O U • , U v N' C C OD ~ ~ U ~ x c en ~ y OA U -C • '~ C v Oi d $ eo-, a 3 a i ~ 'O ~ v ' -. a i ~ ~ c t ~ .E o °J ~ ~ •.° . _ m y v v .d m ° ~ o. ~ ~ a a ~~sY : ~ d >~ ~ ~ a v H ~~~T~~ . ` E ;3 ' 'oho ~ u m E.o a v ~' .y ~ c A ' ~ m A ~ v ~ ~ o `" m ~ v a •E ~ = v ' v v~ v~ 5 a °p c o ° .o o o m w v o op Q• v ... ' ~ v v a ..o • v Y :s, • c ~ ~ ~ Y v ~, .E E C ~ 5 c v ~ ~o ? ° s w a ~ p ° mO -h v~ C d b 'A . AmFQ opQ $•G •v v ~ ~ kn• A ' Ad w U v: y n. •9.ra „_ o.o E ?~ ~ ^ T E g ~ o ~ > 4 ~ U~ m T C O y E m~ m~ H U V .O ~ v p U A • ° r o . ~ u n b m ` ~ o ~ a• m y~ n c w` m~ ~ .n . :° c r° ° ~ c ~ c ' • n m ` ` v v ~ v r c ' ° ° ~ ~ E Q o ~ °' " b0 c v - E r x i wo v° ° ob o= ' ~ E " 'o y E v •~ s ro ~ L' ^ v v o _ ..• '_', f s U > i ~ ~ ~ m v 5 io 'o v - c v " •~ .a ~ °' E , on i m a . , . '~ : C ^ ~, ,,,, C m d bq N ' ~" y U U U ' V N ` .~ ~. w ° ~ m d ~ ` a _ o w° `° y • v E u c "_ m E • a ° [' o ~ 'o ° L h ° 'y ' o °~ ~ ° ' •. -. ^ • a o o c u a °' E m a i m e ' .. o ~ c m Q~ .o .. h Y c y ;~ o ~ ~ v -~ O v o 1 - a v .°_ 'E ~ a ~ H nn r w m nc m m m '- `~ ° a9i a 5 o u:: y •a . oq ~ c °' > ~ ^ E t y v~• ~,v_ ~ .n L w ' ° E p . }~a.v ~ ~ v ~. • • • ° .oy A . v '= E r E ~ ~ y q ~ A o..c ~ H . c o° E s ~ 'o ~ ~ ~ o• v m ~~, ;:,. H ~ [-~ A F- o: m y r A u a Yn F v f" u C to A_ ~ F a Er., 3 , v ,.y ~ Q ~ Q ry Q •.~ z ._ N ~ ~ tit z ~ in ~D , , z Z Z ~ O :O . ~ C~ G O U'~' 0 m , `^ C O C J U ~ U gip" d C z N ~ C ~ ' N m y y O y °^ C 'O y 'O y m> v~ o r E ~y * c~ u ~ E °' o a o a ~: o v o mvw^ on E , iy . w:E v °o ~~ E A ~ :~ q .. . . o r.~:_ :~ .co v a c v N C .. ~ Stl' Z^ c A ^ , t sru: ~ o o c 3 y o • . ~ o ~ ~ ~ . , ~ ~ ~ C • U O Oq U U E C O C o~•E T 4 C . A Nr °' g .°-•~ ~ ~ o'E ~ m e ~ P. `ob .= 3 .E 4Y1 P. c u~ `oh ° ' v E o v . _ N d d ;: dd ~._ a;e >o i;U .°. i ~ v u, A v ~ ~ U ti . ~ +~. "~ ••. a i Q at..'G y rq ~ ~" Y•o0N ° e ~ E ti 0 3w ac a v o 0 ° ' ~ d a _ ~ ~ : ~ >~ ~ ~ .>_ aFOo 0 U .. W Q O y [.. b- ~' ° V ^ • O ~ ~ p G. ~. m r W ~3 FU = ~ C m u (-+ C t ~ O u U y ~ N U N y ~ ~ ' ~ ~ - .7 O iC ~ C F N V1 .~ . i!.s'c~ ~ Q A tC a ' ~ p" N O ro ~° o 3 ~ y U td . V ~ U l d ~ F ~ t 0.(]r O ~! _ o. °q ~ s ' ~ N y0 •~ ?k X N ~ N w 3 =' ~ E ~c _ . ao ~•~, n s o ~ c ~ F U w "' F F N m ~ ~ ~ i ~ . 0 ~ b Q .. ~ ~ N Vl ~ o ~ y, ^ .y U G 7 .~ U h ~ ~ f, ~ ~ ._ U ~ fffyiii ~ S ~4 y - v O ~. U C U ' t m.5 s ~ ,, ~ ~r a~ ~~ . a. a. 3 .E an ~, a ATTACHMENT -ITEM N0. 6 PETITIONER'S STATEMEI~'T OF JUSTIFICATION FOR VARL4NCEiCODE WAIVER (NOT REQUIRED FOR PARKING WAf\'ER) REQCIEST FOR V/AIVER OF CODE SECTION: PERTAINING TO: (A separate statement is required for each Code waiver) SECTION 4 Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code v,-aiver maybe granted by the Zoning Administrator or Plamring Commission, the following shall be shown: That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinit}•. In order to determine if such special circumstances exist, attd to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regazding Ure property for which a variance is sought, fully and as completely as possible. If you need additionalspace, you may attach additional pages. 1. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? ~ Yes _ No. 2. 4. If your answer is "Yes;'' describe~tlie spe~jal e~i;cumstances: ~L S~T~i~C.~ /4~L~~4-_„~GO/~ ~m ,~iLoOt'~T/£yr. ~jC~sr/.u~ ~r9-~ ~/,tov~£S S•~s'T.9~7YI~L s~.~/.~-~ Are the special circumstances that apply to the property different from other properties in the vicinity which are in the same zone as your property? ~ Yes ^ No If your attswer is "Yes,', describe how the property is Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? Yes _No If your answer if "yes," describe the special circumstances: 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 i o i expr thorized by zone regulations governing sub' ct property. Use variances aze not permitted. Signature o roperty Owner or orized Agent ONDITIONAL USE PE ARIANCE NO. ~~ 1 ~ V 1 DECEMBER 12, 2000 ..._- Were the ecial circumstances created by causes beyond the control of the property owner (or previous property owners)? ~ Yes _ No PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARAINCEICODE WAIVER Project: Walnut Village, Continuing Care Retirement Community Address: 891 South Walnut Street Anaheim, California 92802 Applicant: The PRS Group Mr. Philip Schwartze Waiver is requested for the following item- Waiver #1: 1. Minimum Landscape setback adjacent to single family residential zone, • In order to provide adequate access to the site, the full landscaped setback could not be provided. • The access that is provided to the site in this setback is NOT a public access, but only for resident access to the underground parking garage. It is also providedfor emergency services (fire access). • The proposed buildings are 50 feet from the north property line. • The total width of the landscape on either side of the access road exceeds the total landscape setback required (25'). • Dense planting is planned for the landscape areas on either side of the access road to mitigate noise and light. It will also provide a visual screen for both the properly owners and the residents. • The proposed access drive is depressed to provide access to the underground parking garage. This design feature reduces visual impact to adjacent properties to the north. • All lighting planned for this area has been designed with "house side shields". These are baffles in the light fixture that provide visual cut-offs for light distribution from the light poles to the adjacent properties to the north immediately behind the light poles. See the attached memorandum from R&W Electrical Engineering. ® .Reference the following drawings that clearly show this area: Sheet #AD-2, Ai-01, Al-02, E1:00. '. ATTACHMENT - ITEM N0. 6 SECTION 4 PETITIONER'S STATEMENT OF IUSTIFIC.4T[ON FOR VARIANCEiCODE WAIVER (NOT REQUIRED FOR PARKING~W''AIVER) REQUEST FOR WAIVER OF CODE SECTION:. ~~ / yJ + ~ ~~' y`~ . ,, PERTAINING TO: (A separate statement is required for each Code waiver) Sections ] 8.03.040.030 and 18.12:060 of the Anaheim Municipal Code require that before any variance or Code waiver may be granted by the Zoning Administrator or PlamtSng Commission, the following shall be shown: 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply [o other property- under identical zoning classification in the vicinity; and 2. That, because of such special circtitnsfances, strict application of the zoning code deprives the property of pm ileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoniug Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regazding 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 [here special circumstances that apply to [he property in matters such as size, shape, topography, location or surroundings? ~ Yes _ No. If your answer is c;cttmstances: 2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the same zone as your property? ~ Yes _ Np If your answer is "yes," describe how the property is different: ~1~/Sy/~/ ~ 6L~~ ors fi~-T' T~ 3. Do the special circumstances applicable to the property deprive it of privileges cu¢ently enjoyed by neighboring properties located within the same zone? ~ Yes No If your answer if "yes," describe the special circumstances: 4. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? Yes _ No EXPLAIN ~iC/~P~iU6 s~~//0/B~ ~/1~CT i/~~s' 71~~ Ja< s'E'T,~/R~,~ The sole purpose of any vanance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which would have th ect of granting a special privilege not shazed by other property in the same vicinity and zone which e e y authorized by zone regulations governin subje t property. Use variances are not permitted. ~~ Signature of Property Owne Authorized Agent , DecEMeea tz.2aoo CONDITIONAL USE RMITNARIANCE NO~~~ Y' - o ~ ~` 7 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARAINCE/CODE WAIVER Project: Walnut Village, Continuing Care Retirement Community Address: 891 South Walnut Street Anaheim, California 92802 Applicant: The PRS Group Mr. Philip Schwartze Waiver is requested for the following item-Waiver #2: 2. Maximum structural height adjacent to single family residential zone. • The design constraints make it impossible to not have a height waiver. In order to provide adequate landscaping and outdoor areas for resident recreation. and to build adequate residential units to make the project financially feasible, the structural height must be three (3) stories. • A shade shadow analysis was prepared (sheets #A1.o-3.6, A1.O3.8, A1.03.10, A1.03.12, A1.03.14, A1:03.16 and A1.03.18) and indicates that the majority of the year, the adjacent residences are not adversely affected by the shade of the proposed new buildings. The existing vegetation in the area would block the shade as well as the adjacent residences themselves. • New trees and landscaping along the north property line will partially screen the proposed multi- story building from the adjacentsingle-family homes. • Roof configuration of the proposed building features a hip design and a 4/12 roof pitch to reduce the mass of the building. Four units above the second floor directly face the 50 foot setback area and the adjacent single-family homes to the north. • No resident balconies are on the north facades of the building as shown on Sheet A3.08. • The adjacent 40-year old senior housing project has rear yard setback and building height similar to thatwitch we are requesting. This building is also shown in-the Shade/Shadow study sheets as indicated above To assist in the review of this item, please review the attached photographs of the project model, Sheet AD-3 and Sheet A3.08 (elevations of the north side). ATTACHMENT -ITEM N0. 6 SECTION 4 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARL4NCEiCODE l\'AIVER (NOT REQUIRED FOR PARKING WAI\'ER) REQUEST FOR WAIVER OF CODE SECTION: /~ s Q~p ~ V~0• ~~(~ ~ ' ` °° (A sepazate statement is required for each Code waiver) PERTAINING TO: ~,~e%!,®/,!,'~ _ _ yP,rC ~B-L'.o,a~~ ~t/,9~.sl~T ~¢~is'. ~ yl l~~°iG. Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code requue that before any variance orCode waiver may be granted h}' the Zoning Administrator or Planning Commission, the following shall be shown: 1. That there are special circumstances applicable to the property,. including size, shape, topography, location or surromidings, which do not apply to other property under identica] zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regazding the properq~ for which a variance is sought, Cully and as completely as possible. If you need additional space, you may attach additional pages. 1. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? ~ Yes _ No. 2. If your answer is "yes," describe how the property is different: Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? Yes No answer if "yes," describe the special 4. The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall he approved which would have the effect of granting a special privilege not shazed by other property in the same vicinity and zone whic o rwise a sly authorized by zone regulations governing subject property. Use variances aze not permitted. Signature of Property O or Authorized Agent Dat DEeEMBER tz, aooo NDITIONAL USE PERMIT ARIANCE NO. _Q~~ - D ~~/7 Are the special circumstances that apply to the property different from other properties in the vicinity which are iu the .same zone as your property? ~ Yes _ No Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? ~ Yes _ No PETITIONER'S STATEflIIENT OF JUSTIFICATION FOR VARAINCE/CODE WAIVER Project: Walnut Village, Continuing Care Retirement Community Address: 891 South Walnut Street Anaheim, California 92602 Applicant: The PRS Group Mr. Philip Schwartze Waiver is requested for the following ifem-Waiver #3: 3. Maximum structural setback adjacent to Ball Road and Walnut Street. • The existing chapel, on the east property line, is in the future ultimate right-of-way for Walnut Street. The five new on-site. structures (Cottages) along Walnut Street are located to match the setback distance of the chapel • New buildings are not proposed within the setback, only additional landscaping-and fencing to provide the illusion of a greater setback to the future Walnut Village residents and adjacent residents to the east. • Existing Trees between the chapel and Walnut Street will be retained. New trees will planted .along Walnut Streetto replace trees lost due to street widening and to reinforce this landscape edge. • Keeping a consistent setback with the existing chapel will present a continuous setback line along Walnut Street. • Reference the following drawings that clearly show.this area: Sheet #A1.01 and A1.02. ATTACHMENT -ITEM N0. 6 SECTION 4 PETITIONER'S STATEIvIENT OF JUSTIF[C.AI'ION FOR VARL4NCEr'CODE ~'~'AIVER (NOT REQUIRED FOR PARKING WAI\'ER) REQUEST FOR WAIVEROF CODE SECTION: PERTAP.VNG TO: each Code (A Sections 7 8:03.040.030 and 18.12A60 of the Anaheim Municipal Code require that before any variance orCode waiver may be granted h}' the Zoning Administrator or Planning Commission, the following shall be shown: That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classificafion in the vicinity, In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive a[ a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? '~ Yes _ No. is "Yes;"-describe'tkie special gi>;cums[ances: ?/y£ Loa4~lou1 i5' .f,ptTi~r~3~ Td 2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the same zone as your property?/~ Yes _ No answer is "yes," describe how the property is different: 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? Yes _No If your answer if "yes." describe the soecial circumstances: 4. The sole purpose of any variance approved which would have the e: which ' s expressl Signature of Property Owner or At DECEMBER 12, 2000 l rr Code waiver shall be ro prevent discrimination, and no variance or Code waiver shall he ' t of granting a special privilege not shared by other property in the same vicinity and zone orized by zone regulations governin s b ect property. Use variances aze not permitted. u o zedAgent D //~~~~~~ `` CONDITIONAL USE PE ITNARIANCE NO~t~t/ ~ ~~ 7 f Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? ~ Yes _ No PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARAINCEICODE WAIVER Project: Walnut Village, Continuing Care Retirement Community Address: 891 South Walnut Street Anaheim, Califomia92802 Applicant: The PRS Group Mr. Philip Schwartze Waiver is requested for the following item-Waiver #4: 4. Maximum Fence height adjacent fo Ball Road and Walnut Street. ® Residents of this facility have expressed the overall concern of safety and security. To provide security, a fence will be installed along the perimeter of the campus. ® Widening Walnut Street and potential for increased pedestrian and vehicular use impacts perceived security of the senior residents.. Rear yards of units could have higher potential for security risks. Providing a 6-foot high fence provides the residents with a sense of security thak should be a part of what this community offers. ® Other housing projects in similar property zones have fences higher than five 5-feet. • The fence material will be wrought iron and will be designed to compliment the architectural style of the buildings. ® The new fence will be no higher than the existing Walnut Manor fence. ® Reference the following drawings that clearly show the fence in question: Sheet #A1.01 and A1.02. OCT-26-04 13:26 FROM= ID= PAGE 2/3 ATTACHMENT - ITEM N0. 6 SECTIUN4 PE1'I'['lONER'SSTATEMENT OF JUSTIFI('.ATIONFQR VARIANC.E/GODE ~~'AIVER (NOT REQUIRED FOR PARKING WAI\'ER) REQUEST FOR WAIVER OF CODE SECTlOtv': ~ ~ t ~~~ (~ ~{(), b yU ~ ~`" PERTAINING TO: rg/ ~~~ (A sepa to statement is required for each Code waiver] Sections 15.03.040.030 and 18.12:060 of the Anaheim Municipal Code require that before arty variance or Code waiver array be granted by dte Zoning Administrator or Plaruting C'nttunission, the following shall he shown: 1. That there art special circumstazsces applicable to the property, including siza, shape, topography, location or surroundings, which do not apply to other prapcrty under identical zoning classification in the vicinity; and 2. That, because of such special eircumstanccs, strict application of the zoning code deprives the property of prrv~ileges enjoyed by other property under identical zoning classification in the vicinity. 1n order to de[ennine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer eaoh of the following questions regarding t}u: property for which a variance is sought, fully .and as comple[ely as possible. If you need additional space, you may attach additional pages- 1. Are there specia circumstances that apply to the property in matters such as siu, shape, topography, location or surroundings? Yes _ No. If your answer is "Yes','•' describe the special circumstances: SEE ~-77f~' ift,~ 2. Are the special circumstances that apply to the property different from otherproperties in the vicinity which are in the same zone as your property? ~ Yes _ No if your answer is "yus,"describe haw the property is different: S`:'~C /~rT Ar"«'d2_ 3. Do the special circturrstaaces applicable to the property deprive it of privileges currently enjoyed by neighboring progerdes located within the same zone'? Yes No If your answer if `yes; 'describe the special circumstancest 4. Were the special circwnstances created by causes beyond the control of the property owner (or previous property owners)? ,Yes _No EXPLAIN S~'~' ,~-Tr..9~!'fr~f~ The sole purpose of any variance or Code waiver shall be to prevent disrriminatiort, and no variance or Code waiver shall he approved which would have the effect of gran ' g a special privilege not shared by other property in the same t~citlity and zone whidt ~ t 'see s ' .e ne regulatiotLS governing subject propeRy. Usa variances aze not permihed. 6 ~~ Signature of operiy caner or Authori~ ate CONDITIONAL USE PERMIT/VARIANCE NO. ~~~ DECEMEER 12.2000 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARAINCE/CODE WAIVER Project: Walnut Village, Continuing Care Retirement Community Address: 891 South Walnut Street Anaheim, California 92802 Applicant: The PRS Group Mr. Philip Schwartze Waiver is requested for the following item-Waiver #5: 5. Minimum floor area per unit. • The units that do not meet the minimum floor area are the (2) guest units (unit A-2) on the second and third floors. • These units are not intended for sale, but for guests of the residents. They are not intended to be full time residential use. These guest units are provided as a courtesy to the guests of residents. • Reference the following drawings for these units: Sheet f#PD (Unit Matdx), A2.02, A2.03 and the unit layouts for the second and third floors following this waiver sheet. I ITEM N0, 7 RCL 70-71-2 RCL 70-71-2 IND. FIRM ~ I ~~ SMALL IND. ~ I /~~ FIRMS U ~ ~~ RCL 99-00-15 7 ~ RCL 99-00-15 =O' 3 SE) (Res59~60~~ ~ (Res. of Int. to SE) ~ I 2 , ' a IND. FIRM wFCA ~Jt I s9-99.16 (Res. o(Inl. to SE) RCL 70-71-20 HOW ELL AVE R Oium P nz s A L A 1 RCL 99-00-15 (Res. of Int. to SE) RCL 59-60-23 CUP 2020 CUP 1866 NORTH STADIUM BUSINESS CENTER I (SE) ~o RCL 99-00-15 `O (Res. of Int. to S RCL 59-fi0-23 T-CUP 2004-04916.. CUP 1623 t R.V. STORAGE :' w w 0 I RCL 99-00-~ (Res. of Int. to RCL 70-71 RCL 70-71 IND. FIRM BUSINESS PARK L -~~- X96 • ~ Q- Q- " RCL 99 00-15 L, 6 (Res. of Int. to SE) ' 7Q ~ RCL 83-04-19 ~ 0 RCL 70-71-28 ~~ R 7 C VAR 3390 ~~ LC` MET OPLEX OFFICE COMPLEX 1 S20 , RCL 2004-00127 RCL 99-00-15 (Res. of Int. to SE) e RCL 66-67-14 ~ gip' acs RCL 59-60-23 owe o~~E~ ,p ` T-CUP 2002-04578 ?pes~p ' 6~ nA S T-CUP 2001-04446 ~ os,~g6OA ~ CUP 2001-04441 e'p.,PQ-5y~ CUP 1424 CUP 1301 !~ VAR 7985 aJ J ~ P ~ CH/S ~P N TO ~~. , PF .~ ~ p 'gN Tq FF ~ RCL 99-00-1 5 ^^' GTRUM O-L Rq7 SPE (Res. of Int. to cwa RCL 99-DO-15 ~N~q y RCL 90.91-1 (Res. of Int. to SE) RCL 82-63-3 RCL 90-91-17 RCL 59-60-2 20 04-0 01 2 9 RCL 66-67-14 ~~ RCL 56-57-93 CUP 3369 pgRKING CUP 4141 ([~/ \` CUP 2433 ~~ CUP 3957 ^ ~ ~/r//~~ CUP 3406 ~ \ CUP 2257 STADIUM TOV ` ~~ /RCI 9n0~1-00178 7~ PLAZA ^ ^ ^ / f ALL PROPERTIES ARE IN THE (SE) (SPORTS ENTERTAINMENT OVERLAY) ZONE. Conditional Use Permit No. 1623 Subject Property TRACKING NO. CUP2004-04918 Date: November 1, 2004 Scale: 1" = 200' Requested By: SMITH MARGARET K TR O.S. No. 117 REQUEST TO AMEND OR DELETE CONDITIONS OF APPROVAL PERTAINING TO A TIME LIMITATION FOR AN ON-SITE CARETAKER'S UNIT, INCLUDING ON-PREMISES SALES AND INSTALLATION OF RECREATIONAL VEHICLE PARTS AND ACCESSORIES IN CONJUNCTION WITH PREVIOUSLY-APPROVED RECREATIONAL VEHICLE STORAGE YARD. 2222 East Howell Avenue lssa ITEM N0. 7 7a. ~J 7b. (T Sr5125jr Page 1 Plans further indicate 8 employeelcustomer parking spaces at the front of the property, two large landscaped areas: planted with a variety of trees and planter boxes. Pag r :!.< :. ~ , . <F;_ Staff Report to the Planning Commission t I~ ~ s~~~s«~~~~=?~ ~ " a ' ~ ~; r=a r ~ x _ ,~ +yf ~ y ~ ~t+ a'~w'~'A ~ ~x ~ View of landscaping within setback area :Page 3 Staff Report to the Planning Commission November 1, 2004 ` Item fJo. 7 (9) The attached memorandum from the Code Enforcement Division dated September 30, 2004,'indicates the landscaping along he front of the property is not`being properly main#ainarl The nffiror alen nhmn,cA ca,cral innnorahlo '~, dmm~hilcc and #n fr4c nn ci#o-` to quarterly Code Enforcement inspections to ensure compliance with conditions of approval and to address site maintenance issues. Page 4 FNVIRONME ';(13) Staff t advert There conne .site c partsi storaa area; and Page E (e) .That the granting of3he conditional use is will nnf ha riatrimcri4ol #n tF~c HaalfF ~ni [D~'TI R O TION NO P 004-" A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION AMENDING, IN ITS ENTIRETY, RESOLUTION NOS. PC76-105 AND PC93-25 ADOPTED tN CONNECTION WITH CONDITIONAL USE PERMIT NO. 1623 (2222 EAST HOWELL AVENUE) WHEREAS, Conditional Use Permit No. 1623 to permit a recreational vehicle storage yard with waivers of (a) permitted location of free-standing signs, (b) minimum structural setback, and (c) required site screening was approved, in :part, by the Planning Commission by Resolution No. PC76-105 on May 24, 1976, with waiver (b) being denied and waiver (c) granted for atwo-year period on property located on the southwesterly side of Howell Avenue approximately 520 feet northwesterly of the centerline of Katella Avenue, and further described as 2222 East Howell Avenue; and WHEREAS, subsequent time extensions for waiver (c) pertaining to site screening were granted by the Planning Commission on June 19, 1978, to expire on May 24, 1980; May 19, 1980, to expire on May 24, 1982; and May 3, 1982, to expire on May 24, 1984; and WHEREAS, On February 22, 1993, the Planning Commission approved an amendment to this conditional use permit to retain a recreational vehicle storage facility with an on-site caretaker's unit with waiver of permitted accessory uses and structures to allow a trailer unit including on-premises sales and installation of recreational vehicle parts and accessories by approval of Resolution No. PC93-25, said resolution included the following condition of approval: "1. That authorization far said use shall expire on March 31, 1994, at which time a new conditional use permit shall be submitted for consideration should petitioner, or his successor choose to continue the recreational vehicle storage and/or rental use with incidental sales of parts and accessory on the subject property." WHEREAS, this property is developed with an approximately 600-square foot single-story office building with detached vehicle wash rack in conjunction with a recreational vehicle storage facility; that the property is zoned I (Industrial), and is designated for Office-High land uses on the Anaheim General Plan Land Use Element Map; that the property is located within the Platinum Triangle Mixed-Use (PTMU) Overlay zone and is designated for Office High land uses within the overlay; and WHEREAS, pursuant to Code Section 18.60.190 of the Anaheim Municipal Code (Amendment of Permit Approval) the petitioner has requested an amendment of this conditional use permit to retain caretaker's unit and incidental sales and installation of parts and accessories on the subject property in conjunction with an existing RV storage facility with waiver pf permitted accessory uses and structures to allow trailer unit for a caretaker's unit; and WHEREAS, this property is situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF THE LAND ALLOTTED TO A.S. VAN DE GRAFF IN DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, RENDERED IN CASE (JO. 1192 AND ENTERED SEPTEMBER 12, 1888 IN BOOK "B", PAGE 410 OF JUDGMENTS OF THE SEVENTEENTH JUDICIAL :DISTRICT COURT OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 65, PAGE 5 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 1, 2004, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the petitioner requests an amendment to or deletion of conditions of approval under authority of Section 18.6p.190 of the Anaheim Municipal Code to retain caretaker's unit and incidental sales and installation of recreational vehicle parts and accessories on the subject property in conjunction with an existing RV storage facility with waiver of permitted accessory uses and structures to allow trailer unit for a caretaker's unit. 2. That the use is properly one for which a conditional use permit is authorized by this code. 3. That the has not adversely affect the adjoining land uses or the growth and development of the area in which it is located. 4. That the size and shape of the site for the use is adequate to allow the full development of the use in a manner not detrimental to the particular area or to health and safety. 5. 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. 6. That the granting of an amendment to this conditional use permit under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim. 7. 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 amend Condition No. 1 of Resolution No. PC93-25 to retain caretaker's unit and incidental sales and installation of parts and accessories on the subject property in conjunction with an existing RV storage facility with waiver of permitted accessory uses and structures to allow trailer unit for a caretaker's unit, and does hereby find that the Negative Declaration previously-approved in connection with Conditional Use Permit No. 1623 is adequate to serve as the required environmental documentation in connection with this request. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject request to modify conditions of approval for Conditional Use Permit No. 1623 and does hereby amend in their entirety, the conditions contained in Resolution Nos. PC76-105 and PC93-25 to include the following conditions of approval: 1. That the property owner shall pay the costs of quarterly Code Enforcement inspections for one (1) year from the date of this resolution to obtain compliance with conditions of approval, State and local statutes., ordinances and regulations. 2. That the caretaker unit shall comply with the development standards set forth in Section 18.38.090 pertaining to caretaker uniks for non-residential lots and uses. 3. That a final landscape and fencing/screening plan shall be submitted to the Planning Services -2- PC93-25 Division for review and approval. Said landscaping and fencing shall be installed within ninety (90) days of plan approval. Any decision by the Planning Services Division may be appealed to the Planning Commission as a "Reports and Recommendations" item. The final landscape and fencing/screening plan shall indicate the following: m Minimum six (5) foot high solid or opaque screening on all sides of the storage area, unless otherwise specified in the underlying zone, with screening abutting the railroad right-of-way consisting of a chain link fence entirely interwoven with PVC, simulated wood slats, or other durable material m Minimum twenty-four (24) inch box evergreen trees planted on maximum twelve (12) foot centers along and adjacent to the entire wall within the required street setback area and layered landscaping consisting of shrubs and groundcover. o Planting areas provided with permanent irrigation facilities and shall be permanently maintained in a healthy, safe and attractive state as a condition of use. o Fences, block walls and trash enclosures visible from any public right-of-way planted with either clinging vines orfast-growing shrubbery so as to eliminate graffiti opportunities. a Gates for access to the property constructed of durable view-obscuring material, swinging inwardly or sideways and kept closed when not in use. 4. That the storage area shall be properly graded and maintained with a layer of gravel at least one-inch thick or a layer of concrete or approved asphalt material or similar substance shall be placed over the entire surface as approved by City staff. 5. That all outdoor storage shall not be located in any required setback area. 6. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash and debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 7. That all vehicles shall be parked or stored in an orderly manner and that no inoperable vehicles shall be stored on the premises. 8. That no storage shall take place in such a fashion that it constitutes a junkyard or salvage yard. 9. That installation of parts and accessories sold on the premises shall be limited to awnings, trailer hitches, generators, tire replacement, and interior accessories unique to recreational vehicles, and at no time and under no circumstance shall such services extend to the repair or maintenance of engines, engine parts, transmissions, axles or drive trains 10. That no repair, servicing, or maintenance of any vehicles stored on-site shall be conducted by customers. 11. That all parts installation activities shall be conducted behind the six (5) foot high block wall and shall be adequately screened from public view. 12. That no recreational vehicles, either privately owned or offered for rent, shall be parked, stored or displayed in the required fifty (50) foot front yard setback along Howell Avenue. 13. That only one (1) mobile caretaker's unit shall be occupied on the premises. 14. That storage shall be limited to recreational type vehicles only and at no time shall any recreational vehicle be used or occupied for the purpose of on-site living or office use with the exception of the one (1) designated caretaker's unit. -3- PC93-25 15. That the sales of parts and accessories shall be limited to customers whose recreational vehicles are stared upon the subject property. 16. That the property owner shall install 7-foot wide sidewalk and 6-foot wide parkway along the property frontage on Howell Avenue, in accordance with the provisions required by the Public Works Department and specified for Secondary Streets within the Master Land Use Plan of the Platinum Triangle. Street improvement plans for the sidewalk and parkway shall be submitted to the Development Services Division of the Public Works Department for review and approval. 17. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. 18. That Condition Nos. 2, 3, 4, 7, 8, 16 and 17, above-mentioned, shall be completed within a period of sixty (60) days from the date of this resolution. 19. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. AND BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 1, 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 Gity Council Resolution in the event of an appeal. ATTEST: CHAIRMAN, ANAHEIM PLANNING COMMISSION SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC93-25 STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Pat Chandler, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on November 1, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT; COMMISSIONERS: IN WITNESS W HEREOF, I have hereunto set my hand this day of 2004. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSdON -5- PC93-25 ATTACHMENT -ITEM N0. 7 MEMORANI9UM CITY OF ANAHEIM Code Enforcement Division DATE: SEPTEMBER 30, 2004 TO: JOHN RAMIREZ, ASSISTANT PLANNER ~~ FROM: MATTHEW D. LETTERIELLO, CODE ENFORCEMENT OFFICER SUBJECT: REINSTATEMENT OF CONDITIONAL USE PERMIT CUP 1623, TRACKING CUP2004-04918 2222 E. HOWELL AVENUE ANAHEIM COACH & TRAILER On September 30, 2004, I went to the above location to inspect the property for a reinstatement of the Conditional Use Permit. I found the following conditions to exist: • The front landscaping was in need of maintenance. The grass azeas were brown, dead or had barren, hazd-packed dirt. The grass was also in need of mowing and -----edging- ----- ------ • A customer was changing the oil on his motor home, directly behind the office. • There were several inoperable automobiles and trucks stored throughout the property. • There were numerous boats and jet-skis stored on the property. I took digital photographs, which are attached. If you have any questions or I can be of any further assistance, please call me at extension 4446. IvIDL 2222 e Nowell ave cup memo.tloc ATTACHMENT -ITEM N0. 7 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING CERTAIN CONDITIONS OF APPROVAL OF CONDITIONAL USE PERMIT NO. 1623 WHEREAS, Conditional Use Pennit No. 1623 to permit a recreational vehicle storage yard with waivers of (a) permitted location of free-standing signs, (b) minimum structural setback, and (c) required site screening was approved, in part, by the Planning Commission under Resolution No. PC76-105 on May 24, 1976, with waiver (b) being denied and waiver (c) granted for a two-year period on property located on the southwesterly side of Howell Avenue approximately 520 feet northwesterly of the centerline of Katella Avenue, and further described as 2222 East Howell Avenue; and WHEREAS, subsequent time extensions to complete conditions of approval were granted by the Planning Commission on June 19, 1978, to expire on May 24, 1980; May 19, 1980, to expire on May 24, 1982; and May 3, 1982, to expire on May 24, 1984; and WHEREAS, said Resolution No. PC76-105 includes the following conditions of approval: " 1. That sidewalks shall be installed as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 12. That the waiver of the required site screening along the east, west and south property lines shall be granted for a time period of two (2) years, subject to review and consideration for extensions of time by the Planning Commission, upon written request by the petitioner." WHEREAS, Resolution No. PC76-105 further states that waiver "c" pertaining to required site screening, is granted for atwo-year time period subject to review and consideration for extensions of time in order to "determine whether the screening of the outdoor use should be required if the common ownership of subject properly and the adjacent property ceased and/or if the development of nearby properties is such that adequate screening of subject use becomes necessary"; and WHEREAS, the petitioner has requested to modify, delete or extend said conditions of approval in order to retain a recreational vehicle storage facility and to expand said use to include recreational vehicle rentals, sale and installation of parts and accessories to the general public (including customers who do not have a vehicle stored on the subject .property), and the use of a motorhome or trailer for the purpose of providing on-site caretaker's living quarters; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 11, 1993, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and that said hearing was continued to the February 8 .and February 22, 1993, 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: CR1744MS.wp -1- PC93-25 1. That the petitioner requests an amendment to or deletion of conditions of approval to retain a recreational vehicle storage yard with on-site caretaker's unit (including on-premises sales and installation of recreational vehicle parts and accessories) with waiver of the following Code Section: SECTION 18.61.030 - PP.RT11 Pd~ arrg~~ory is .e anew (Single dwelling for caretaker's unit wholly within a building permitted; trailer unit proposed). 2. That there .are special circumstances applicable to the property such as size, shape, topography, location or surroundings, which do not apply to other identically zoned properties in the vicinity. 3. That strict application of the Zoning Code deprives the property of privileges enjoyed by other properties in identical zoning classification in the vicinity. 4. That the outdoor storage, sale and/or rental of recreational vehicles is permitted in the ML "Limited Industrial" Zone, subject to the approval of a Conditional Use Permit. 5. That Code permits the installation of vehicle parts and accessories, including the incidental sales thereof providing such activities are conducted wholly within a building and subject to the approval of a Conditional Use Permit. 6. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL OIIALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to amend Condition Nos. 1 and 12 of Resolution No. PC76-105 to retain a .recreational vehicle storage yard with on-site caretaker's unit including on-premises sales and installation of recreational vehicle parts and accessories with waiver of permitted accessory uses and structures and does hereby find that the Negative Declaretlon previously approved in connection with Conditional Use Permit No. 1623 is adequate to serve as the .required environmental documentation in connection with this request. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject request to modify conditions of approval for Conditional Use Permit No. 1623 upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the asphalt "pads" located in the front setback area shall be removed and the area planted and permanently maintained with lawn, trees, shrubs, or other plant materials as shown on Exhibit No. 2 (Revision No. 1) within sixty (60) days from the date of this resolution. Said area shall be equipped with a permanent irrigation system. 2. That installation of parts and accessories sold on the premises shall limited to awnings, trailer hitches, generators, fire replacement, and interior accessories unique to recreational vehicles, and at no time and under no circumstance shall such services extend to the repair or maintenance of engines, engine parts, transmissions, axles or drive trains.. 3. That all parts installation activities shall be wnducted behind the six (6) foot high block wall and shall be adequately screened from .public view. 4. That no recreational vehicles, either privately owned or offered for rent, shall be parked, stored or displayed in the required fifty (50) foot front yard setback along Howell Avenue. 5. That only one (1) mobile caretaker's unit shall be occupied on the premises. -2- PC93-25 6. That authorization for said use shall expire on March 31, 1994, at which time a new petition for conditional use permit shall be submitted for consideration should petitioner, or his successor, choose to continue the recreational vehicle storage and/or rental use with incidental sales of parts and accessories on the subject property. 7. That storage shall be limited to recreational type vehicles only and at no time shall any recreational vehicle be used or occupied for the purpose of on-site living or office use with the exception of the one (1) designated caretaker's unit. 8. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Revision No. 1 of Exhibit Nos. 1 and 2. 9. That Condition Nos. 1 and 8, above-mentioned, shall be completed within a period of sixty (60) days from the date of this resolution. 10. 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 February 22, 1993. ATTEST: CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed .and adopted at a meeting of the Anaheim City Planning Commission held on February 22, 1993, by the following vote of the members thereof: AYES: COMMISSIONERS: BOYDSTUN, CALDWELL, HENNINGER, MAYER, MESSE, PERAZA, TAIT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this day of ,1993. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC93-25 ATTACHhICNT - ITNM N0: 7 RESOLIITIMI 110, PC 7~-1^.5 A RESOLt1T IOh OF TIIE ADnIIE LH CITY PLn116 Rir CO!i'iIS51011 TIIAT P ETITI OtI FORCOIID ITI OIIAL USE PC R'l1T t10. 1(23 CERRAtITEO, Ili PRP.T, ItlIEREAS, [hc Anahr.lm Clty Planning Lnrenlsslnn did rrer.l vc a vc rlf ltd PcU [ton for Condltlnnnl Ilse Pcmit from I:OODnnNJ. HcL LUCE, 2225 E. Y.a trlla Avenue, Anaheim, Call fo rnla 92RO/; (Le•.sce); l!. E. FLAI L'1RTY, 1213@ Skyline Doi ve, Santa Am ,,. Calt fo rota 92]05 (Agent) of en ntaln real proncrt y' shunted in the City of Annhc ln, Coun [y of Orange, S Wcr. of California descrlhed. as; That pnr[Ion of Utc land bilntted to f...5. Van Dr. Graff inDecrec nP Pa rt Ytinn of ' the Rancho Santiago De San w Ana, rendered In 'L ase Ito. lln2 and entered Sen[emher 12; iFlD3 In BaoL "P.", Panr_ 41n of Judnmc n[s of the Seven[ecnthJuAl clal District Court of California, note port teal arty de scrihed as follows: " Parcel 2, as sham nn a Hap fl led In hoof; L5, pane S of Par cat Hans ~In the OFf ice of the Loun [y Rece rdc r, of Orange Coun [y, Lal ifvrni a, tlIIEREAS, the C1 ty Planninn Cnnm Psslon did .hold n puhlic henrino at [hc City hall in the City of Anahc lm on liay. 24, Ln7E, at 1;30 n. m., nnticn. of said public hearing having been duly ~Iven as rrtgui red by law and In seta rdance with the .provisions of [hr. Anaheim Iluniclnal Lode, Chapter 13.03, to hear and consider " evidencr. for and ngalnst sail prnposeJ condi[ionnl use and [n invests gate and make findings and recommcridatlons in connec[lon the rrr+lth; and " NIIERf.AS, sat d. Commlssinn, of [cr' due inspcctton, InvesU va[irin and study made by Itself anJ "In Its behalf, and aftrr due cnnside tattoo of all evi.dcoce. and repo its oFfereJ at said ~hrarl ng, does f(ndand det crm inn the following facts: 1, That the prnpos ed use Is properly one for which a toads [tonal use permit Is authorized by Lode Sectl nn 13.6 L,050,507, to wit: permit a tee reatlnnal " vehicle sta rage y,.rJ with waivers of: r•-' a, SECT IOII 79.05, 893,023 - Permltt^_J location nF fret.-s Landinn sivn s, " ~ "~0 feet from shutting pprce 1. rcvuired; ' n feet nmonsed) ~(~.. 6. SECT 1011 13.f,7, nA.3, 011 - Hln lmun structural sethack. (SR fret rpguirrd; 25ee[ proposed p t.. y''' e. SECT IOU 13.51. n[.°,030 - 6equlrcd sltc scrcrniav. (L ha inllnk foncu nntirel In r,;r•~nvcn with redr:ocd or cedar sir.: rcoulrcd; none prppos ed 2. That Vilvcr -1-a, shove-neat toned, Is hereby granted an the basis that the abutting property Is railroad right-of-way, and the pets [toner stipulated to othc noise conforming to the signing requlrcmen is of the t1L Zone. -- 3. That l:aivcr 1-h, ahovn-mentioned, is he rchy denied nn the basis that an undesirable precedent would be estahlished in an industrial a tea, If said waivrr were granted. ~" 4, Thal- Nalvcr 1-e, ahnvC-mentioned, is hcrrby gran tad for a tine period ~~ ~" of nm (2.) yrars, sub)ect to review and coast deratiog for extens Ions of [tote; said time Ilmita[lon ~6c ing to do CC rm Inc whether [he sc rceninp of [he 'outdoor use .should 6e required if thecommon ownership of su6lect nropr. rty and the 'ad latent prope rte cna ses -and/or If the develapmen t of nearhy properties is such [hat adequate screen Inn of `~ ',. subject use hecomes nr. cCSSary, _ ~ - 5. That the petltinnrr stloulnted that the proposed gateway at the northwnste. rn corner of the suhJee[ pmprrty will he rcloea[ed to a distantr. of sixty ~; (Eg) fcrt southerly from thr_ nropc rty Ilnc nionq Ilnr•ell Avnnuc,. to nlltxv for ndevuate " veh Le le bacY.-up space when vrhiclCS arc waiting for the pate to he opened, " 6, That [hn. propnsnd usn, ns grin tCd, .will nn[ ndve rsciy of fec[the adj pin log land "us ns and thr_ growth and devclnpmr. nt vF thr. area in whleh it Is. " proposed to he Inw [ed. AESOLUTC011 N0, PL7A-I05 7. Tha[ the sl rr avl shanr nr the <1'tr nrnnn<rd rnr N,^ u<r, ar nran[r~l, 15 adrnub[e Coallrn+ Ihr. full devrlnnn^nt of the. nrmn<nd ncr in a teener nnr de [rirvm [al dt the nar[Icnlar 'n era nnr In Cl,r p^nc^, 'rraith, so `rtv, and a^nr ral wnlftrr. of [hr. Cit lccnsnf N,r City nrAmhrln, 1, T`nT the Cn n.li tlnnn7 il<n Fr rnlt, a•. nrnn tr•I, ar•I ,rr der t'•^ cnm'I tines Inpnsrd, w;.l ant br drtrinrntal [n Nrr neon , viral tFi, sn rr tv and none ral ,mlfarn n` :hr_ f.i [I T.rns of the CILV of annhrln, ~ .~~ n Thnt nn nnr indl wCCd their nrrar ncn at <a id pnt)fc hrarinn tn.. onpndi tlnni and no cn rrrspnndrncr ~~as received in nnPnsi[inn fn suhlrct nrti lion,. EIUrIR0114FIITAL 1'1PACT RfPnnT FinnIPS; That the An.ihrin CI[v Plannlnn C nr+riss inn dnrs hrrrhv rnr..vmrnd [n the Ctv Coun[il Chet [he suhinc[ nrn jrcT he extent `rem the .rrmii rrnrn[ to nrrna rr an Cn Vi rnnnCn C.ll InndcC tenor[, nllrS nanC [n the nrnVis inns O` Chr ralifnrnia Envi rnnmcntal ..^,ua1i[v Act. NaW, TUC^Crn7,F, P.F I' 1tFSM '4n t hat the AnaW in f.ity Plano Fen f.nrn (csine . dnrs he re by grant, In part, viFj rct Petition for Cnndi[innnl PSr nr rmi*., anon the Following 'cnndi[inns which art hereby found [n hr. a n*r^ssa rv err r^nuls it^ [n rhr , prnpnsrd use of [hc subject nrnnrr[y. In nrvlrr rn nrrsrrw the .a`r tv nevi nrnrrnl welfare of [l,r. Ci tl le ns of t Sr V tv of Anaheim: X11% 1, Tha[ sidewalks shall hr instal ltd as. rrnuirrd by rir Litv Fnninrnr am In accordance. with s[anda nl~pinns and 5necifleatinn5 nn fair in [hr tit `ICr of the _..- Ci CY Ennincr. r, ^'~ 2 Tha[ street Iln4tinn facilities along I'rn~mll r•vrnar shall hr installed a as required by the fti rrtctnr-nf Public utilities and In accnrdancr .'i th scan rlarrl oleos ~~ and snrcifi cations nn. rl it in for of `i cr n.r (hr ai rnrxnr n` Public O[ilitins, nr thnt , ti~\4~ ~ a bond, CcrtlflCatr of drnesl[, letter n' credit, nr cdsh in an, vnunt and °nrn •IJ` sa[isfae[n ry to the Clty of Anahnin shall 6c ens trd vri [4 xi.n Cl tv to mta ran tor.- the. Ins[alla[Inn of the nhnvr-mentioned renal rent nts, 3. That [rash storage areas shall hr nrnvided in occur<nnc^ with anornved plans on fi'c ea th the Offer of the pi rector of Pul.lie LOrI•s. L. That subject grope r[y shall, hr, sr eyed .hy un.lr rnrnund utilltlr 5.. i. Thal drainann of sublrcr nrnnnr[Y sha bl hcd isnnsrd nr im n nnnnrr satisfac Cory M the Citv Enni Prc r, P, In the even[ that suh icct nrnnrrty is to he divided for the pnrnnsr of sale, Irasc, or finaneinn, a narerl non to rrrn rd the non rnvrrl division of suh ire[ atone rty shall he Subnittc:! to an.'. anntnvrd ~.. :':c C.i tr; of ".nnhe S.^. ~^a thnc "^. recorded in the of fi cr of [hn 9rannr County Rncn rd^ n ti\1~ + 7. That anpranrf ate rm ter assessnent `ecs, ns de[n rmined by [hn ntrnetnr ~rd`t p of Puhllc tltili[ic5,5hn11 he paid [n the CI CV of Anahrin nrinr [n the issuance n` a ~N buildinn ncrmi t. .,a\ne. . oK. ~:m`~c."T 11, That a rrcrcaC lnnai vr.§ic lr damn statim 'he nrnvl.lyd in actn rdancr ,-0[h {"y'JT31 Nullding qi vision standards and soh lrc[ tm the rnvim' and annrnvai of the Puildinn /".~ Oi vision. ^, ~ That suh)ec[ prone rty shall he drvnlnned substantial lv in nccnr:fancr with clans and spnei`Ieatinns nn rile with [he City of Anahr in marked Exhi'rlt 'ins. t and ?;- provi dad, hm+rvr. r, Chat [hc m[rancr gate at the nnrthwrs to rn er..rnrr n` the. nrope rty shhii hr rr.lneatnd to n dirt aner of slr.ty (Sq) fret nrnn the nrnnnr[v line alnno Nrmnll Avenue, is s[Im+ia Md. to .hv [hn nrtitlnnrr; and ['tat [h^ ninimun - structural Se[hack along Flrnmll Avrnur shall hr, in ?rcn rdantr v'i th Chr ~nL (Industrial, Llnl trd) 7rnc s[amia eds. Iq, That Cnndi[~nn tics. 2 and G, ahnvc-mcntinnrd, shall I'n'cnmpU rrl rwl [!+ prior tothn. commencement of Nv nctivi tv au [horirrd un+Irr this rrcnluN ^n, nr nrinr Co [ne :Imo [ha F the hul Llinn nrrm l't Ic 155ui•d, nr within a nrrlnd of nnr year `rem date hermf, whiehevrr nccnrs first, nr such further tine as [ter-P lanninn fmm~isclnn may nr.ln [. -2- RFSrLIiT ltl'!'Ir. Pf TA-1n5 11. That [nnrli Linn Ilns. i, 1, L r, + nn.l n, n!~nv<-nnnt Inner', shall h• [rmPl ied wl[h nrinr to /innl hul ldlnn and fnnima In<nrctinns. 12. That thr. wnivrrof [he r..nulrr.I sitr 5crnen irrn alnnn thn >nst, .~r<t and south nrnpnrtY Irons sha 11 M1r nrnntnd fora [Ins nrrlnd of P~n (?) vrars, suti lrct M ~... ._... review and .cons ldn ration for nztrns inns ..r rlrx by th.. Plano inn rn~+"I cc inn, anon wrl ttnn rn~unst by the pntlt inner. THE FnREnO ltln RFSnI.'rTl ntl is <Innrd amt non round w nn this 7r'th dnv n Mav, in7f. CI!n199A11, minnE.l° CITV PLNNII•Ir, fn'1"155Inn ATTCST: (Original sign=d by Fo;ticia L'. Scanlan) SELAETARY, nnAYf. P! CITY PLnrnll Pn f. n'nt1551 'I STATE OF {AL IFORIIIA ) COUNTY OF OnAllnC 155., LITY OF AIIAiIF.IP ) 1, Pa[ricin P. Senn Inn, Sec rr[arv of ihn City .Plano innCnnmi 55 inn nF ihn City of Anahcln, do hnrrhy cnr[i!v C'ar .t'*~ rnrnnnlnn rranlnt inn wns nns<r•!. and adnn[ed a[ a meeting of the.flty Pl annlno Cnrn:ls:inn n! [hr f,l[v nr Anahr lm, held nn. gay 24, 1!17f., a[ l:ln n. n., by [tic !nllnr4 nn vn[rt n! thr..rrahr Fc [heron PL AYES: LO'[rIISS InNF^.5; P%:nntc, IIF".rST, Y.I"^, TOLAn, cnar•)n HOES: CO`I'fleS ln'4".S: ::nnF Af.SF.IIT:.. CnttY ISSImIF.nS•, Jrn+!!Snu, '1nRLfY '! LlITIIF55 tAIFn.FnF, I havr h~rrun to sn[ my hand thlc ?4rh day nr hav, ln7r Si Cn.F An , l!A" I" f.l 1"IINn .~•!'d S. In•I -7- ~ RFSnLnTloo 4f~. PF7c-1n5 ITEM N0 . 8 RH-1 '~ SPT 2001-00003 ~ 1 DU EACH yA ~ ti CR TR P~ FR RH-3 J ...... _... RCL 67-68-07 (4) ~R Q~ RCL 65-66-51 0~ VAR 1745 y 0 1 DU EACH RH-3 pP 1DU1 RH-3 (SC) RCL 67-68-07 (4) \ RCL 66-66-51 \ \ _a3 ~. 1 DU EACH ~\ i RH-3 :L 67-fib-07 (1) VAR 1645 'VAR 1625 -' 1 DU EACH z U a m A p O Gp y P~ `N n`~ CHURCH HAVEN UU ~ Z q Q p RH-3 (SC) Q'rJ v m z RCL fi7-66-07 (2) ~ ~O ~ p- CUP 2004-04916r ~Q, I Z > ~ ~ CUP 3146 P CUP 2615 T r U CUP 2297 ,~G Z O CUP 656 Qg- ~ CHURCH Z RH-3 1 DU EACI iEIM CITYLIMITS ~ NOHL RANCH anon T(SC) RCL 67-68-7 (Res. of Int. to RS-HS-10,000(SC)) NOHL RANCH ELEM. SCHOOL REQUEST TO PERMIT AN ADDITION TO AN EXISTING CHURCH AND PRIVATE SCHOOL AND TO AMEND A CONDITION OF APPROVAL PERTAINING TO THE MAXIMUM NUMBER OF STUDENTS WITH WAIVERS OF: (A) MAXIMUM STRUCTURAL HEIGHT (B) MINIMUM NUMBER OF PARKING SPACES 4101 Nohl Ranch Road - Trinity Lutheran Church A 0 lssz :Staff Report to the ? Planning Commission November 1, 2004 Item No. 8', Sa. CEQA NEGATIVEbECLARATION (Motion for continuance)': 8b. WAIVER OF CODE REQUIREMENT ': 8c. CONDITIONAL USE PERMIT N0. 2004-04916 SITE LOCATION AND DESCRIPTION: (1) This irregularly-shaped, 4-acre property is located at the northeast corner of Nohl Ranch Road - and'Nohl Canyon Road with frontages of 510 feet on the: north sidebf Nohll Ranch Road and 300: feet on the east sidebf Nohl Canyon Road (4101 Nohl Rancfi Road -Trinity Lutheran Church). REQUEST: (2) The'petitioner requests approval of`a conditional use permit under the authority of Code` Section 18.08.030.0402 td permit ah addition to an existing churchand private school and to amend a condition of approval pertaining to the maximum numberbf students with waivers of the follpwing: SECTION NO: 18.18.060.010 - Maximum structural heioht 25 feet maximum height permitted; 30 feet proposed) SECTION N0. 18.42.040.010 Minimum number of oa~kinp spaces 334 required; 175 proposed and' recommended by the,City Trafficand Transportation Manager) iBACKGROUND: `, (3) This'property is currently developed with a church and private school, zoned RH-3 (SC) (Single-Family Residential Hillside;' Scenic Corridor Overlay), and is designated for Low Density Residential land uses on the Land Use Element'Map of the Anaheim General Plan. (4) The petitioner, James Elmore, has submitted the attached letter dated October 25, 2004; requesting a continuance'of this item to the November 15, 2004, Commission meeting in order to submit a Water Quality. Management Plan td the Public Works bepartmenf RECOMMENDATION: `; (5) Thaf the Commission, bymotion, continue this item to the November 15, 2004, Planning Commission meeting in order for the petitioner to complete a Water Quality Management Plan. sr8810av Page 1 ATTAC&*1ENT -ITEM N0. 8 Tl~I~TITY LLJTI-IE ~T CI~tJC~I and Christian School October 25, 2004 Ms. Amy Vasquez City of Anaheim -Planning Department 200 S. Anaheim Blvd, Suite 162 Anaheim, CA 92805 Reference: Request for Continuance Dear Ms. Vasquez: In order to finalize our WQMP Plan for submittal., we are requesting atwo-week continuance on our public hearing scheduled for Monday, November 1, 2004. Thank you. Sincerel Ja~~~~more Pastor James 2.. Elmore Sepia[ Pastor Nancy B. Gill Principal 4101 E. kohl Ranch Road • Anaheim Hills CA 92807 • (714) 637-8370 • FA.Y (714) 637-634 www:dcanaheim.com ITEM N0. 9 RIVERSIDE FREEWAY (SR 971 SANTA ANA C ANYp N ROgp tau' m 52 u YN2 T CUP 2001-04431 sPT zoaz-ooool M15200400058 Vu OPEN SPACE T CUP 2156 VACANT VILAM flH3 bn e~mur you ~~ k9~d ,T ~~~~ T VACANT e e~ /"e i T 4,f OPEN SPACE / TP ` ~ ~A m /fit'`+V~ ~ ~i(nY fie' W 2 O~ dy A Q~P ry°O~ `jv P~ ~W T SP 9D-0 CUP 4030 VAR 2001-04451 s SENIOR CITIZENS APARTMENTS Pie nCVnieu lsl OvExbPACE ALL PROPERTIES ARE IN THE (SC) (SCENIC CORRIDOR OVERLAY) ZONE. Conditional Use Permit No. 2001-04431 Subject Property Specimen Tree Removal Permit No. 2002-00001 Date: October 4, 2004 Miscellaneous No. 2004-00088 Scale: Graphic Requested By: WADDELL FOODS Q.S. No. 207 CUP 2001-04431 -REQUEST TO CONSTRUCT A WEDDING CHAPEL AND BANQUET FACILITY WITH ON-PREMISES SALES AND CONSUMPTION OF ALCOHOLIC BEVERAGES AND ROOF-MOUNTED EQUIPMENT WITH WAIVERS OF: (A) MAXIMUM BUILDING HEIGHT (B) REQUIRED STREET DEDICATION AND IMPROVEMENT (C) MINIMUM NUMBER OF PARKING SPACES SPT NO. 2002-00001 - TO REMOVE THIRTY (30) OAK TREES. MIS NO. 2004-00088 -AMENDMENT TO EXHIBIT NO. 7 OF THE SANTA ANA CANYON ROAD ACCESS POINT STUDY. No Address D 7512 Staff Report to the <Planning Commission November 1, 2004 Item No. 9 9a. ENVIRONMENTAL IMPACT REPORT NO: 327 (Motion for continuance) ' 9b. WAIVER OF CODE'REQUIREMENT 9c. i CONDITIONAL USE-:PERMIT NO. 2001-04431 9d. i SPEOIMEN' TREE' REMOVAL' NO. 2002-00001 9e.' MISCELlANEOUS'NO.2004-00088 -SITE LOCATION AND DESCRIPTION: ` (1) This irregularly=shaped, 29-acre property has a frontage of 1,413 feet on the south side of Santa Ana Canyon Road,!a maximum depth of 1,125 Feet, and is located 983 feet wesfbf the centerline of Festival Drive (No address). REQUEST: I (2) The petitioner requests approval of the following: Conditicnal Use Permit No. 2001-04431 - to construct a wedding chapel and banquet facility withon-premises sales and consumption of alcoholic beverages aritl roof-mounted equipment with waivers of the following: (a) 'SECTION' NO. 18.18.060.010 - Maximum structural height (25 feet maximum height permitted; 30 feet proposed) (b) SECTION NO. 18:40.060 Required street dedication and Imbrovement (c) SECTION'NO. 18.42.040.010 - Minimum number of parking spaces 278 required; 269 proposed and ' recommended by the City Traffic and Transportation Manager') Specimen TreeRemovaL Permit No` 2002-00001 -To remove thirty (30) Oak`trees. Miscellaneous No. 2004-00088 -Amendment to Exhibit No. 7 of the Santa Ana Canyon; Road Access PoinNStudy to allow an additional access point on Santa Ana Canyon:: Road. BACKGROUND: (3) This project was continued form the'October 4; 2004, Planning Commission meeting in order to finalize the responses to comments received on the environmerital document. The petitioner's consultant, Theresa Dickerson, has submitted the attached letter dated October 14,2004, requesting a further continuance of this item to'the November 15,2004, Commission meeting in order to finalize Environmental Impact Report No. 327. I (4) This'property is currently vacant, zoned T (SC) (Transition; Scenic Corridor Overlay), and is designated for Estate Density Residential land'uses on the Land Use Element Map of the Anaheim Gerieral Plan. RECOMMENDATION: (5) That fhe Commission, by motion, continue this item to the November 15, 2004, Planning Commission meeting in'ofder to finalize Environmental impact Report No: 327. sr8808av Page 1 10/14/2004 10:18 FA% r~ooz ATTACHMENT -ITEM N0. 9 October 14, 2004 YO: Ms. Amy Vazquez, Planner City of Anaheim Planning Department 200 South Anaheim Blvd. P.O. Box 3222 Anaheim, CA 92803 Subject: Request for Continuance of Canyon Hills Manor Environmental Impact Report, Protect No. 327, SCH#: 2001101109 Dear Ms. Vazquez: Based on an email from Joseph Wright of your department regarding the status of the Canyon Hills Manor, it appears that the project, which was tentatively scheduled for the November 1, 2004 Planning Commission Meeting, will need to be continued to November 15"'. Please accept this letter as a request to continue the project and have it rescheduled for the November 15, 2004 Planning Commission Meeting. Thank you for your assistance and please let me know 'rf there are questions or you need additional Information to process this request. Very truly yours, PARSONS BRINCKERHOFF Theresa Dickerson -Senior Environmental Planner Cc: Lisa Waddell Joseph Wright