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PC 2005/01/10i Ian i is i n a ®nday, Jartluat~ 10, 2005 Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California ® Chairman: Gail Eastman Chairman Pro-Tempore: David Romero Commissioners: Jerry O'Connell Kelly Buffa, Cecilia Flores, Pat Velasquez, (One Vacant Seat) ® Call To Order Preliminary Plan Review 12:30 P.M. • Staff update to Commission on various City developments and issues (As requested by Planning Commission) • Preliminary Plan Review for items on the January 10, 2005 agenda ® Recess To Afternoon Public Hearing Session ® Reconvene To Public Hearing 2:00 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: planningcommission(a)anaheim.net H:\docs\clerical\agendas\011005.doc 01 /10/05 Page 1 Anaheim Planning Commission Agenda - 2:00 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. Resorts and Recommendations 1A.(a) Conditional Use Permit No. 2181 (Tracking No. CUP2004-04937) Agent: M. Amad, Brookhurst Group, l_LC, 1026 South Wall Street, 2nd Floor, Los Angeles, CA 90015 Location: 802-808 South Brookhurst Street, Requests termination of Conditional Use Permit No. 2181 (to permit a sandwich shop with on-sale beer and wine in the C-G zone). 18.(a) Conditional Use Permit No. 3445 (Tracking No. CUP2004-04948) Agent: Victor Cirrinciane, KF Properties, INC, 11340 Olympic Boulevard, Suite 204, Los Angeles, CA 90064 Location: 1661 North Raymond Avenue. (Calvary Chapel Grace, Inc.) Requests termination of Conditional Use Permit No. 3445 (to permit a snack shop in an existing office building). 1C.(a) Variance No. 2862 (Tracking No. VAR20D4-04636) Agent: Jerrold F. Rabin, Ismos Investment Company, 3845 East Coronado Street, Anaheim, CA 92807 Location: 3845 East Coronado Street. Requests termination of Variance No. 2862 (waiver of requirement that all uses be conducted in a building to establish outdoor manufacturing). Project Planner: Jessica Nixon (i n ixon(a~ana h e i m. ne t) sr8833jn.doc Q. S. 41 Project Planner: Jessica Nixon (inixon(c anaheim.net) sr8834jn.doc Q. S. 80 Project Planner: Jessica Nixon (i n i xo n Col a n a h e i m. n e t) sr8832jn.doc Q. S. 154 01 /10/05 Page 2 1D.(a) Agent: County of Orange Resources and Development .Department, 300 North Flower Street, Santa Ana, CA 92834-2300 Location: 3151 East Miraloma Avenue. (Miller Retarding Basin) Requests determination of conformance with the Anaheim General Plan to renew a lease between FedEx Freight West and County of Orange Resources and Development Management Department. 1 E. (a) General Plan Conformity No. 2004-00040 -Request To Determine Conformance With The Anaheim General Plan To Amend an Existing Lease Agent: County of Orange, P.O. Box 10260, Santa Ana, CA 92711 Location: 1535 East Oranoewood Avenue. Requests determination of conformance with the Anaheim General Plan to amend an existing lease of a parking lot. 1F. Receiving and approving the Minutes from the Planning Commission Meeting of December 13, 2004 (Motion) 1 G. Receiving and approving supplemental detailed Minutes for Item No. 3 from the Planning Commission Meeting of November 15, 2004, scheduled to be heard as a public hearing item before City Council January 11, 2005. ITEM NO. 3 • Specific Plan Amendment Mo. 6 To The Anaheim Resort Specific Plan No. 92-2 Project Planner: Marie Newland (m newt a nd fai7an ahe i m, net) sr8840mn.doc Q. S. 138 Project Planner: Marie Newland (m n ewl and (a~anahei m. n et) sr8844mn.doc Q. S. 108 01 /10/05 Page 3 Public Hearing Items: 2a. CEQA Negative Declaration 2b. Conditional Use Permit No. 2004-04910 Owner: Anaheim Union School District, P.O. Box 3520, Anaheim, CA 92803 Agent: Kenny Zwick, Delta Group, 2362 McCaw Avenue, Irvine, CA 92614-5832 Location: 1800 West Ball Road. Property is approximately 17.2 acres, located at the southeast corner of Ball Road and Nutwood Street (Trident Adult Center). Request to permit a telecommunications antenna (disguised as a pine tree) with accessory ground-mounted equipment. Continued from the October 18, November 1 and December 13, 2004, Planning Commission Meetings. Conditional Use Permit Resolution No. 3a. CEQA Negative Declaration 3b. Variance No. 2004-04631 Owner: Anaheim Magnolia LLC, 6732 Westminster Boulevard, Westminster. CA 92663 Agent: Ehky Gutierrez, 523 North Hanover Street, Anaheim, CA 92801 Location: 1125 North Magnolia Avenue. Property is approximately 1.5 acres, having a frontage of 272 feet on the west side of Magnolia Avenue, located 279 feet north of the centerline of La Palma Avenue. Request waiver of minimum number of parking spaces to permit a computer vocational school Continued from the November 15 and December 13, 2004., Planning Commission Meetings. Variance Resolution No. Project Planner: Della Herrick (dherrick(a~anaheim. net) sr8837dh.doc Q.S. 49 Project Pianner: Scott Koehm (skoehmna anaheim.net) sr8821gk.doc Q.S. 17 01110/05 Page 4 4a. CEQA Negative Declaration (Readvertised) 4b. Reclassification No. 2004-00136 4c. Waiver Of Code Requirement 4d. Conditional Use Permit No. 2004-04933 4e. Tentative Tract Map No. 16809 Owner: Lane A. Anderson, 6345 Balboa Boulevard, #112, Encino, CA 91316 Agent: John O'Brien, Brookfield Homes, 3090 Brisol Street, Suite 200, Costa Mesa, CA 92626 Location: 221 North Beach Boulevard. Parcel A: Property is approximately 0.56-acre, having a frontage of 150 feet on the west side of Beach Boulevard, located 665 feet north of the centerline of Lincoln Avenue. 311 North Beach Boulevard. Parcel B: Property is approximately 7.95 acres, having a frontage of 505 feet on the west side of Beach Boulevard, located 815 feet north of the centerline of Lincoln Avenue. Reclassification No. 2004-00136 -Request reclassification of the property from the C-G (General Commercial) zone to the RM-3 (Residential, Multiple-Family) or less intense zone. Conditional Use Permit No. 2004-04933 -Request to permit a 102-unit, attached residential planned unit development in the RM-3 Zone with waiver of required dedication of right-of-way. Tentative Tract Map No. 16809 -Request to establish a 6-lot, 102-unit, project Planner: airspace condominium subdivision. Jonathan Bonego (iborreoo a(~anaheim.net) Continued from the December 13, 2004, Planning Commission Meeting. Reclassification Resolution No. sr511Tb.doc Conditional Use Permit Resolution No. Q.S. 8 01/10/05 Page 5 Sa. CEQA Negative Declaration Sb. General Plan Amendment No. 2004-00421 Sc. Reclassification No. 2004-00137 5d. Variance No. 2004-04633 5e. Tentative Tract Map No. 16794 Owner: California Shinnyo-En, 2220 Summit Drive, Burlingame, CA 94010 Agent: Yadvinder S. Virk, Castle Development, LLC, 9017 Harvard Avenue, Buena Park, CA 90620 Location: 502 South Harbor Boulevard. Property is approximately 1.2 acres, located at the southeast corner of Harbor Boulevard and Santa Ana Street. General Plan Amendment No. 2004-00421 -Request to amend the Land Use :Element Map of the Anaheim General Plan redesignating the property from the Low-Medium Density Residential designation to the Low Density Residential designation. Reclassification No. 2004-00137 -Request reclassification of the property from the: O-L (Low Intensity Office) and RS-2 (Residential, Single-Family) zones to the RS-3 (Residential, Single-Family) zone or less intense zone. Variance No. 2004-04633 -Request waivers of: (a) lot depth adjacent to an arterial highway, (b) minimum front yard setback, (c) minimum rear yard setback, and (d) minimum number of parking spaces to construct seven (7) single-family residences.' 'Waivers (c) and (d) have been deleted. Tentative Tract Map No. 16794 -Request to establish a 7-lot, 7-unit detached single-family subdivision. Continued from the December 13, 2004, Planning Commission Meeting. Reclassification Resolution No. Variance Resolution No. 6a. CEQA Negative Declaration 6b. Specimen Tree Removal Permit No. 2004-00007 Owner: Jorge Porto, 19 W imbledon Court, Dana Point, CA 92629 Location: 345 Pennv Lane. Property is approximately 0.46-acre, having a frontage of 100 feet on the south side of Mohler Drive, located 153 feet west of the centerline of Owens Drive. Request to remove one (1) specimen pepper tree. Project Planner: Amy Vazquez (avazc uez(o) anah ei m. net) sr8843av.doc Q.S. 73 Project Planner: Jessica Nixon (i n ixon(a~ anahe im: net) sr8842jn.doc Q:S. 202 01/10/05 Page 6 7a. 76. Owner: CREAINexus Anaheim Corners, LLC, 9381 Judicial Drive, #100, San Diego, CA 92121 Location: 1801 East Katella Avenue. Property is approximately 6.3 acres, located at the northwest corner of Katella Avenue and State College Boulevard (Stadium Lofts Anaheim). Request to amend a condition of approval pertaining to the location of above-ground utility equipment for apreviously-approved mixed-use project (Stadium Lofts). Conditional Use Permit Resolution No. 8a. CEQA Negative Declaration 8b. Waiver Of Code Requirement 8c. Conditional Use Permit No. 2004-04861 Owner: 230 West Colchester, CALP, clo 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, September 20, November 1, November 15 and December 13, 2004, Planning Commission Meetings. Conditional Use Permit Resolution No. Project Planner: Cheryl Flores (cflorest7o anahetm.net) sr8822cf.doc Q.S. 107 Project Planner: John Ramirez fioramirez(a anaheim.net) sr5134jr.doc Q.S. 34 01 /10/05 Page 7 9a. Environmental Impact Report No. 330 (Previously-Certified) 9b. General Plan Amendment No. 2004-00422 Location: Citywide Request amendment to the Circulation Element of the General Plan to (a) redesignate a segment of Lincoln Avenue between State College Boulevard and the west City limit from a Major Arterial Highway to a Primary Arterial Highway, (b) redesignate segments of State College Boulevard between the Riverside (SR-91) Freeway and Lincoln Avenue and between Ball Road and Cerritos Avenue from a Major Arterial Highway to a Primary Arterial Highway, (c) redesignate a segment of Katella Avenue from Walnut Street to West Street from a Resort Smart Project Planner: Street to a Major Arterial Highway, and (d) an amendment to the text of h C " ' Elaine Yambao (evambao(o7anaheim.net) t e irculation Element relating to Future Level of Service: Request amendment to the text of the Noise Element of the General Plan sr3089ey.doc pertaining to exterior noise standards for residential projects. Citywide 10a. CEQA Neoative Declaration (Previously-Approved) 10b. Conditional Use Permit Np. 4163 (Tracking No. CUP2004-049321 Owner: Southern Calfornia Alcohol and Drug Programs Inc., Attn: Lynne Appel, 11500 Paramount Boulevard, Downey, CA 90241 Location: 321 North State College Boulevard. Property is approximately 0.69-acre, having a frontage of 91 feet on the west side of State College Boulevard, located 310 feet south of the centerline of Redwood Avenue. Request reinstatement of this permit by the modification or deletion of a Project :Planner: condition of approval pertaining to a time limitation (approved May 7, Della Herrick (dhemickc(~anaheim.net) 2001, to expire May 7, 2004) to retain a substance abuse recovery center for women and their dependent children. sr8830dh.doc Conditional Use Permit Resolution No. Q.S. 102 01 /10/05 Page 8 11a. CEQA Negative Declaration 11 b. Variance No. 2004.04637 11c. Tentative Tract Map No. 16803 Owner: Phuc Huynh, 9840 Winthrop Circle, Fpuntan Valley, CA ._ __. 92708 Location: 331 East Simmons. Property is approximately 0.75-acre, having a frontage of 165 feet on the north side of Simmons Avenue, located 167 feet west of the centerline of Vern Street. Variance No. 2004-04637 -Request waiver of required tot frontage on a public or private street to establish a 5-lot, 4-unit detached single-family project Planner: residential subdivision. Amy Vazquez (avazguez(7a.anaheim.net) Tentative Tract Map No. 16803 -Request to establish a 5-lot, 4-unit detached single-family residential subdivision. sr8839av.doc Variance Resolution No. Q•S• 99 12a. CEQA Negative Declaration (Previously-Aogrovedl 12b. Conditional Use Permit No. 3816 (Tracking No. CUP2004-049421 Owners: Church International of Foursquare, 101 East Orangethorpe Avenue, Anaheim, CA 92801 Bryan Industrial Properties, 145, 149 and 151 East Orangethorpe Avenue, Anaheim, CA 92801 EI Vee Inc., 200 West Midway Drive, Anaheim, CA 92801 Agent: Timeless Architecture, 23276 South Poine Drive, Laguna Hills, CA 92653 Location: 101 -145 East Orangethoroe Avenue. Property is approximately 4.28 acres, having a frontage of 795 on the ' project Planner: north side of Orangethorpe Avenue,'located 510 feet east ' John :Ramirez of the centertine of Lemon Street (The Rock Church). (ioramirez(a~anaheim.net) Request to expand an existing church and to permit a mural. sr5135jr.doc Conditional Use Permit Resolution No. Q.S. 69 Adjourn To Monday, January 24, 2005 at 1:00 P.M. for Preliminary Plan Review. 01/10/05 Page 9 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: (TIME) (DAT LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ~°"'~""' ~~--~_ If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone etse 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. 01110/05 Page 10 SCHEDULE 2005 -- January 24 February 7 February 23 (Wed) March 7 March 21 April 4 April 18 May 2 May 16 June 1 (Wed) June 13 June 27 July 11 July 25 August 8 August 22 September 7 Seotember 19 October 3 October 17 October 31 November 14 November 28 December 12 December 28 (Wed) 01/10/05 Page 11 ITEM N0. 1-A MOTEL \"°`I I I I I ~ ~ ~ I ~ \_ NIOBE AVE c-G RCL 69-70.2fi RCL ease-11 RCL 98-99-11 RCL 72-73-33 RS-2 T-CUP 2002-04511 cuP 3267 1 DU EACH T-CUP 2001-04344 CUP 3155 ....... CUP 2469 PARKI G LOT MOTELB RESTAURANT c-G RS-7200 RCL 99.99-it .y RCL 57be•35 1 DU EACH' CUP 3267 f VAR 648 CUP 3159 ® MEDICAL OFFICES CRONE AVE STONYBROOKOR Cr' RS-7200 9 RCL 98-99-11 RCL Sab9-111 1 DU EACH OFF~E BLDG ORANGE COUNTY LIMITS -ANAHEIM CITY LIMITS RCL 9ea9-11 ~~ "`~""`O-G~~~~f~~'' RCL 58b934 W a u RCL 99.99.11 ~~ 1TS RCUP7314526 W RCL 67.68-96 ~ RCL 62b3.113 SHOP58 ~ RCL 54b5.7 CHf COCKTAIL LOUNGE ~ T-CUP 200404937 COLCHESTERDR~ ~ o CU~UOPO230~e6a = F RCLBB-99-11 ~ n CUP 2181 ~ oU m RCL 58-59-34 ~ ~ ` CUP 1977 NQ } , RCL 57-58-26 ~ VAR 1916 r W w H CUP 3342 BgLLHURST PLAZA- tn~ ~ W .-gym WP38fi6 = ~~ Q w "' m GOODY R Y SHOPPING CENTER 1- C-[' ~T?me ~ y~'$''~e'~ Lr> mr'~~ l 1 y RCL 9aS9-11 t?mmn~~ C.G } RCL 57SB•26 U~~J7~ RCL 98A9.11 ~ '~~"}~~'~''~ ~ ZCUP 200404861 UUUUU RCL Seb9-34 Q' ,~ _=,z. 210 ,:.,, O CUP 3649 ~~~ RCL 57b8-26 m RM-2400 CUP 1662 CUP 2961 BE! SHOPS CUP 1354 BROOKMORE AVE RCL e9-90-55 ~ APARTMENTS RCL 67-68.86 RCL 62-63-113 C~ RCL 54-55-7 CUP 1620 O-L TOWNHOMES 1 RCL9B39-11 L ~~~,~ RCL 63.64108 111 DU Umg?am RCLBANK 113 ,y U> rc~ VAR 4246 1 U C~ RCL B6B&71 RCL 545x7 MI NERVA AVE CUP 2969 6UBWAY SANDNACH SHOP G Gc S RCL eae9-11 CUP 3980 Ra sasa7 CUP 2003-04768 RESTAURANT GG RCL sae&11 CUP 1444 Conditional Use Permit No. 2181 ~'<y,.,x ~ Subject Property TRACKING NO. CUP2004-04937 Date: January 10, 2005 Scale: 1" = 200' Requested By: BROOKHURST GROUP Q.S. No. 41 REQUEST TO TERMINATE CONDITIONAL USE PERMIT NO. 2181 (TO PERMIT A SANDIMCH SHOP WITH ON-SALE BEER AND WINE IN THE C-G ZONE). 802-808 South Brookhurst Street lsss RESOLUTION NO. PC2005- A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION - -.--- TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 2181 (802-808 SOUTH BROOKHURST STREET) (TRACKING NO. CUP2004-04937) WHEREAS, on March 9, 1981, the Anaheim Planning Commission, by its Resolution No. PC81- 92, grant Conditional Use Permit No. 2181 to permit a sandwich shop with on-sale beer and wine in the C-G zone at 802-802 South Brookhurst Street; and WHEREAS, M. Amad, property manager for the property owner has submitted a letter dated August 25, 2004, requesting termination of Conditional Use Permit No. 2181 to comply with the Condition of approval No. 38 of Resolution No. PC2004-78, Conditional Use Permit No. 2004-04868 (to establish land use conformity with current Zoning Code land use requirements for an existing non-conforming commercial center and to establish a convenience market within an existing commercial retail center) approved by the Planning Commission on August 9, 2004, requires the property owner to submit a letter to the Planning Services Division requesting termination of Conditional Use Permit No. 2181 since this entitlement is no longer needed. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby terminate all proceedings in connection with Conditional Use Permit No. 2181 on the basis of the foregoing findings. 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 January 10, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on January 10, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2005. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION Cr\PC2005-0 -1- PC2005- ATTACHMENT - R&R 1-A ~r®®khurst Gr®eap, LLC 1026 S. Wall Street 2"d floor Los Angeles, CA 90015 _ Ph: 213) 745-5191 Fag: 213) 747-8225 August 25, 2004 Zoning Division City of Anaheim 200 S. Anaheim Blvd Anaheim, California Re: 802-808 S. Brookhurst Street, Anaheim Termination of Conditional Use Permit No. 2181 Genthnen: We as the Landlord of the above reference premises, request the termination of the previously issued Conditional Use Permit 2181 (to permit sale of alcoholic beverage). Conditional use permit 2181 was issued to the tenant located at 802-808 S. Brookhurst Street, Anaheim, California, to permit alcoholic beverage sales in an existing restaurant. The Lease between Landlord ("Brookhurst Group, LLC'~ and Tenant ("Isam Nachawati and Nouzat Al Sarraj dba Aryan Restaurant") has been terminated effective April 14, 2004. Therefore, any and all permit(s) issued to the tenant prior to April 14, 2004, for this location, 802-808 S. Brookhurst Street, Anaheim, California, should be terminated. If you have any question, please do not hesitate to call me at (213)745-5191. Sin erely, ad Property Manager Brookhurst Group, LLC 11 G1'1 1V V PA RCL 66"6.7-14 I RCL 53-54-3 RCL 66E7-14 RCL 62.63-30 RCL 62E3-30 n4 VoONDER BREAD BAKERY OUT4ET RCL 53-54-3 MACHINE SHOP JTC I RCL 66-67-14 RCL 62E3-30 RCL 5354-3 CUP 2235 ORANGETHORPE INDUSTRIAL 8 BUSINESS CENTER FIRMS I RCL 66-67-14 S' p RCL 62-63-30 ^ I RCL 53-54-3 W e RCL 66E7-14 =' 'RCL 62E3-30 Q' W RCL 53-54-3 ~ ^ ~ CUP 4081 1 ^ J CUP 370 RCL 6667-04 ~ VAR 2632 S RCL 5354-3 I' VAR 2559 RCL 52-6330 RETAIL SHOPS CUP4747 VAR 2559 ^ I CEi TACO I ^ ORANGETHORPEAVENUE ^ i® 357'-mil `s ~- RCL 62-63-30 ~ w,3" ,. ~ ~ RCL fib-67-14 RCL 53.543 %s.~,y,,:,T-CUP 20040494 '-~ "'`_ CUP 2604-04925 "`" ~ "%:%s1~z-^-.~ CUP 3445 `r~oz ~.r„'a= ~„ ~ "°"°'^~^"'~= ~ ADJ 115 CUP 2018 a ~ > r,^TP~- `~. /RC.I SS-RS-571 W Z W . Q op IO F7 Q Conditional Use Permit No. 3445 Y ..` Subject Property TRACKING NO. CUP2004-04948 Date: January 10, 2005 Scale: 1"= 200' Requested By: VICTOR CIRRINCIONE Q.S. No. 80 REQUEST TO TERMINATE CONDITIONAL USE PERMIT NO. 3445 (TO PERMIT A SNACK SHOP IN AN EXISTING OFFICE BUILDING). 1861 North Raymond Avenue -Calvary Chapel Grace, Inc. 1ss4 RESOLUTION NO. PC2005- A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION " TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 3445 WHEREAS, on August 26, 1991, the Anaheim Planning Commission did, by its Resolution No. PC91-123, grant Conditional Use Permit No. 3445 to permit a snack shop within an existing office building; and WHEREAS, Victor J. Cirrincione, property manager for the property owner, has submitted a letter dated November 9, 2004, requesting termination of Conditional Use Permit No. 3445, since the snack shop is no longer operating at this location. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby terminate all proceedings in connection with Conditional Use Permit No. 3445 on the basis of the foregoing findings. 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 January 10, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a Ciry 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, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on January 10, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 2005. IN W ITNESS W HEREOF, I have hereunto set my hand this day of SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION Cr\PC2005-0 -1- PC2005- 11/16/2004 12:03 7147716072 KF PROPERTIES INC PAGE 02 ATTACHMENT - R&R 1-B 66F PROPERTIES, Inc. Nc vember 9, 2004 Ci I y of Anaheim PlE.mning Commission P.l' 1, Box 3222 Anaheim, CA 92803 Rc: Orangethorpe Flaza - CUF2004-04925 To whom it may concern: W: are aware of an existing Conditional Use Permit in our Orangethorpe Plaza project foa• Suite 110, located at 1661 North Raymond Avenue, Anaheim, California. W : hereby rescind ties Conditional Use Permit and request that tlae city grant Conditional Usi: Permit No.2004-04925 for Suites 115 and 110 located at 1661 North Raymond Avenue, Anaheim, California. Should you have any questions or comments please do not hesitate to contact me at (714) 77l - 7564. Col ~dially, Vit for J_ Cimnclone Asp et Manager Cc: Jim Neiger 1{ate Kuhn David C}iglio 1130 Olympic BNd, Suite 204 Los Angeles, CA 90064 Pho ie 310-473-9163 Fax 310-473-9853 1701 Marshall Rd. Suite 321 Vacaville, CA 95687 Phone 707-449-1561 Fax 707-449.1552 ITEM N0. 1-C °~ `~ ~¢v SP 94-1 SP 94-1 RCL 65-6624 (6) RCLfi5-66-24 (32) °- '~ - SP 94-1 RCL fi5-66-13 DA2 RCL 65.66-24 (4) VAR 2662 EXPANDED RCL 65-66-13 VAR 2456 INDUSTRIAL DA2 ADJ 0021 EXPANDED DA2 INDUSTRIAL EXPANDED , INDUSTRIAL SP 94-i RCL 65-66-24 (20) f ~ ~ r ' RCL 65-66-13 ~~ > ,;~ `' ' ~ ~ r cz ~ if ~ :, ~1 W ~~ ~ f> z f~ ~ ~' ~ r r ',~~> f ,Y `~ ' ~ f RCt 65 66-24 (27) ~ e` fF SP 94 1 ~%f` SP 94-1 Z RCL SS-66-13 #fFy r? RGL 65.66.24 (16) ~ ~ , RCL 65-66-24 2fi O :ys~. N" ~ RCL 65-66-13 ( ) ADJ 0061 ;> f > T VAR 20040463fi fit.`- RCL 65-66-13 ~ R VERBEND ~~~~ VA VAR~662676 'iz ~ pggFlC BELL LL ~~~ 1 W INDDD~ ER srv r'.' ADJ OD28 ~~~ i% m EXPANDED EXPANDED ;. ~% SEAGATE ~-'ri INDUSTRIAL ~ ;,ws ~r? SUBSTRATES, INC INDUSTRIAL ~.~~ ~ pA2 r EXPANDED ~ i "'~zf INDUSTRIAL r~ r ~ ~ `"~" ,- f~xz. ff ~ ` £b'h ~*qq} J>s. f t t f~ nfi .f r f'Y•i E~ f f% ® 509' 365'sl CORONADO STREET SP 941 SP 94-1 RCL 65.66-24 (3) SP 94-1 RCL 65.66.24 (5) SP 94-1 RCL 65-66-13 RCL 65-66-24 (5) RCL 65-66-13 DA2 CUP 20D1.04450 RCL 65-66-13 CUP 2076 EXPANDED SPRAYON PRODUCTS INC. STORAGE YARD CUP 1997 INDUSTRIAL DA2 DA2 IND. SLOG. EXPANDED EXPANDED DA2 INDUSTRIAL INDUSTRIAL EXPANDED INDUSTRIAL {READVERTISED) Variance No. 2862 Subject Properly TRACKING NO. VAR2004-04636 Date: January 10, 2005 Scale: 1"= 200' Requested 8y: ISMOS INVESTMENT CO. Q.S. No. 154 REQUEST TO TERMINATE VARIANCE NO. 2862 (WAIVER OF REQUIREMENT THAT ALL USES BE CONDUCTED IN A BUILDING, TO ESTABLISH OUTDOOR MANUFACTURING). 3845 East Coronado Street 1656 [DRAFT] RESOLUTION NO. PC2005- A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION TERMINATING ALL PROCEEDINGS IN CONNECTION W ITH VARIANCE NO. 2862 WHEREAS, on October 27, 1976, the Anaheim Planning Commission did, by its Resolution No. PC76-216, grant Variance No. 2862 to permit waiver of requirement that all uses be conducted in a building, to establish outdoor manufacturing, at 3845 East Coronado Street; and WHEREAS, Jerrold F. Rabin, property owner, has submitted a letter (dated September 17, 2004) requesting termination of Variance No. 2862 to comply with the Condition of approval No. 3 of Resolution No. PC2004-90, for Variance No. 2004-04618 (waivers of maximum height of freestanding sign and maximum width of freestanding sign to permit and retain an existing sign on a freestanding architectural feature on an existing industrial property) approved by the Planning Commission on August 11, 2004, requires the property owner to submit a letter to the Planning Services Division requesting termination of Variance No. 2862 since this entitlement is no longer needed. NOW, THEREFORE., BE IT RESOLVED that the Anaheim City Planning Commission does hereby terminate all proceedings in connection with Variance No. 2862 on the basis of the foregoing findings. 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 Anaheim Planning Commission meeting of January 10, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on January 10, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 2005. IN WITNESS WHEREOF, I have hereunto set my hand this day of SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION Cr\PC2005-0 -1- PC2005- ATTACHMENT - R&R 1-C September 17, 2004 City of Anaheim Planning/Zoning Department Ismos Investment Company, owner of the property at 3845 E. Coronado St., Anaheim California 92807 is requesting termination of Variance No. 2862 (waiver of requirement that all uses be conducted in a building, to establish outdoor manufacturing) which was approved by the Planning Commission on October 27, 1976. The use that required this waiver no longer exists on the property- Thank you ~r your prompt atte~ to~FYis request. Jerrold F. Rabin Ismos Investment Company Bee-i to/do'd 910-1 _wo~a wanb:zn bn-11-tlaG ITEM N0. 1-D P p, ill N~ c 1 General Plan Conformity No. 2004-00039 x ~~ Subject Property Date: January 10, 2005 Scale; Graphic Requested By: COUNTY OF ORANGE RESOURCES AND Q.S. No. 138 DEVELOPMENT MANAGEMENT DEPARTMENT REQUEST TO DETERMINE CONFORMANCE WITH THE ANAHEIM GENERAL PLAN TO RENEW A LEASE BETWEEN FEDEX FREIGHT WEST AND COUNTY OF ORANGE RESOURCES AND DEVELOPMENT MANAGEMENT DEPARTMENT. 3151 East Mraloma Avenue -Miller Retarding Basin 1658 ATTACITi~NT - ITNM N0. 1-D Bryan Speeglq Director 300 N. Flower Street J~~~ ~ O,Q9~ ~ ®j j~J~^~7.®~' !'T. Santa i1na, C~1 ~ ~ vl v lJL P.O. Box 4048 Santa Ana, CA 92702-4046 RESOURCES & DEVELOPMENT MANAGEMENT DEPARTMENT ~9LIFOR~t~ Telephone: (7t4) 834-2300 _ Fax: (714) 834-5188 Sheri Vander Dussen Director of Planning CITY OF ANAHEIM 200 S. Anaheim Blvd. Anaheim, CA 92805 December 9, 2004 ROWE I.D. N~2~=0,28 SUBJECT: Request for General Plan Conformity Report -Miller Retarding~Basirr, Lease Renewal Ms. Vander Dussen, The Orange County Flood Control District (OCFCD) is renewing a long term lease with FedEx Freight West over land located over Assessor's Parcel 345-061-07. The lease is for the purpose of parking, storage and light maintenance and is shown on the attached maps. Prior to completing this lease, it is necessary to comply with Section 65402 of the California Government Code, which provides that the OCFCD shall not acquire or dispose of any real property until the location, purpose, and extent of such activity has been reported upon as to conformity with the applicable, adopted general plan. Therefore, it is requested that the City provide the OCFCD with a report by its planning commission, or authorized staff, regarding general plan conformance of the proposed lease. It is requested that one date-stamped copy of the report be returned for our files. Please route this copy to Scott Heinrichs of Right of Way Engineering, who may be contacted at (714) 834-2010. 'Questions regarding the terms of the lease may be duetted to Josie Alvarez, Real Estate Services, at (714) 834-4133. Very truly yours, ~• J n . Pavlik R of Way Engineering Manager Enclosures: Assessor's Parcel Map Right of Way Maps cc: David Morgan, City Manager William Rawlings, Manager, CEO Real Estate ~e11G11 n I~ i I.t ;I I 1 1 I I ~ I ` STgE - OOWL/NG- ~c~ -- fT ~ ' ~ I ~ i I M/R/E PM/L/N I I I hCw~ adc NiFO I ~ I ' I c I 1 I ~ ~ I I ~ : ..._... . ~ ~ i ~ ' ~ I I > I a ' ` 2 $ ~ i ~ I Rio , : . : IA eR<23O PMt£RMMJ AP]I~ a ~ • 14 2 ~ I i r--a > r 0 9 hA '~gg I r, I ~ 6 ;; I RIB ~ da y. ° ~-_. 31 ~ ..4 ~ ' i ° 8 3 I ~ 11^ ' I ~ I ~ i la I I , i 1 r:i Ib Y '. 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(Res. of In[ to SE) PARKING ~ RCL 5657-93 m RCL 87.82-02 - VAR 3b06 RCL 56 57 93 rf r / ~ • ,, ~ VAR 3587 W VAR 4326 r 1'rr ~ sS r y~^` * = r > ' VACANT ~ VAR 3279 ~ l ' r r >r LDG / OFFICE ~ ~ W r r r B /. rr r T.FSP 2002-00003 ~ ~,'y>,/ r r ,c,Y r ~ 1r , n < it ~ : FSP 99-04 PARKING J "~ ~' ~tr~ t ' '~ O , s ~~ ~~ r ~r ~ rr T YI r'l lY, ~ ~ r ~ •-~- ~ ~ `~ ~ ~ I RCL 9900.15 RCL 99-00.15 I (Res. of In[. to SE) Q lP RCL 99-00.15 (Res. of Int to SE) r F I- R 99-00-75 RCL Bi-82-09 I- (Res.af In[ la SE) RCL 66-07-14 y~; (Int to SE) (Res RCL 6fi-67-14 ~ . . RCL 6667-14 RCL 56-57-93 zt`x~' RC 66-87-14 RCL 56-57-93 RCL 5657-93 CUP 1953 ,~ 3 R METRO CENTRE VAR 3462 r., CUP 1953 p 953 METRO CENTRE OFF. BLDG. VAR 3606 VAR 3587 O-L OFFICE OFFI E BUILDING OFFICE BLDG. ~ STADIUM CENTRE BUILDING "'`-"'~' ~ ~ PARKING I (I -+°i fi0' ~- I VAC ORANGEWOOD AVENUE eas I -~--~~e ~~~~~~~ ~ vANAHEIM CITYLIMITS .. 9 '\ ~ ~ ~940i ~ ~ ~ I ~ / Re ( ~ ~ ~ r I R ~ I I ( C y ~~ 1 l °°~ 2 t ~ ~ ~ ; 9 q \ ~ I ~ . ~ General Plan Conformity No. 2004-00040 ~ Subject Property Date: January 10, 2005 Scale: 1" = 200' Requested By: COUNTY OF ORANGE Q.S. No. 108 REQUEST TO DETERMINE CONFORMANCE WITH THE ANAHEIM GENERAL PLAN TO AMEND AN EXISTING LEASE OF A PARKING L OT. 1535 East Orangewood Avenue 1ss7 ATTACHMENT -ITEM N0. 1-E ~~ PROBATION DEPARTMENT Ms. Marie Newland City of Anaheim Planning Dept. 200 S. Anaheim Boulevazd Anaheim, CA 92805 -STEPHANIE LEWIS CHIEF PROBATION OFFICER TELEPHONE: (714) 569-2000 909 N. MAIN STREET, SUITE 1 SANTA ANA, CA 92701.3511 MAILING ADDRESS: P.O. BOX 10260 SANTA ANA, CA 92711-0260 SUBJECT: GENERAL PLAN CONFORMANCE -Reconfigured Pazking for 1535 E. Orangewood Ave. Deaz Ms. Newland: In order to accommodate City of Anaheim Lot Line Adjustment No. 0000575 (copy enclosed), the County of Orange (County) intends to amend its Lease with Leed Metro Center, LLC to reconfigure its pazking azea at the above-referenced site. Currently, the County utilizes the surface parking areas shown on the enclosed Exhibit B for staff and visitor pazking for the Probation Department's Administrative Headquarters and North County Field Service Office. The County plans to amend the subject Lease to utilize the surface parking spaces shown on Revised Ezhibit B; this azea is currently improved as a parking lot. As required by Government Code Section 65402, please detemvne if the proposed use is in conformance with the General Plan of the City of Anaheim. To simplify processing, please check the appropriate space below, sign, date and return this letter to me. If you have any questions, please feel free to contact me at (714) 937-4747. Thank you for your attention to this matter. S' cerely, ~~ Lin any Real operty Agent DETERMINATION: Yes _ No The County's proposed Lease Amendment to reconfigure the surface parking area for 1535 E. Orangewood Avenue is in conforrance with the General Plan of the City of Anaheim. Anaheim Enclosures Date cc: pave Morgan, City Manager December 2, 2004 ATTACHMENT - ITEM N0. 1-E b '- D ~ U N_ ny A ~ O ~ 7 2 ~ O p a .~ 9 ?~ ~ ~ c a~ ~y fD 5 2 ty ~ ~ n O~ a a ~. ~~ x w 0. .L7 pC .Z N _ ti fn N -1 C1 r ,~~ Z IR V Iz /' ~7 ~t Y ti -, ~- m LCCD METRO ~' ~ AMANEIM, CA s ro m n 2 S i e O EXIiI~I'I' Page 1 of 2 GABRIC AND ASSDCIA7Y5, lNC. W[NIl[ETS WY ENW1t[RS r~ i~~ ru ~ u.~iur umam ATTACHMENT - ITEM N0. SANTA CRUZ STREET ~~.-E- A Z 0 D C m b 00 A ~I FqL V1^cl N y~ W IV Y T '3 i'r z=v'`--' I~ I ~m i~ ~ .= _ 1 y4h}c IN i~~v} la ~lj I) t{tlPY Z x.l ~ I~ ~`'A ~' ~„ F e mV p ~ I 1 I q' `~ 'I m I ~ r. 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CHURCH FLM 4 RLL 96Bi4i VAR 31>E 14 OU ftM-0 RCL 9961.36 VAR 3213 14 ou WW 1 1 RCL fib-fi9-64 f- VAR 2046 ~ O O O 6&64 048 Z SCL fi0-G1-'S ~ PARK CIR ~ 5 Dv' _ ' CUP SC6 n- _ B6 DU ~ °-ten i 1 vy N r~ ~ LANDS- ° Ccu. L; I i. e g o I CAPIHG ~ ~ OU >~- i r r I APTS. v% L -.. I I 6 DU ~ z APTS RM, n u '-~ J gCL cfi-56-3°\ 'N ~ C E DU Et./ APTS. r / A°T5. Cm<.m. C-G ~ E DU EA_ 15 DU i ~ RCL fib-Gi-S=. I ' RCL fib-fit-35 g ~ I CUF 1525 ~ .` I ^_' RM-0 ~- CHURCH ~"F~ V I I RCL 55-5E59 j I I I f e ~ ~° c A°TS APTS. APTa". A T5. c ~j Qa tE DU 2DU 6PU 4DU EACH I I BALL ROAp 12]0' RS-2 1 DU EACH RS-2 1 DU EACH RS-2 DU EP CAETLE A\ I RS-2 RS-2 1 DU EAGH i DU EACH CHALET AVE C ° (- r,-~~ ~9 r N ¢ I Conditional Use Permii No. 2004-04910 Subject Properly Date: October 18, 2004 Scale: Graphic Requested By: ANAHEIM UNION SCHOOL DISTRICT Q.S. No. 49 REQUEST TO PERMIT A TELECOMMUNICATIONS ANTENNA (DISGUISED AS A PINE TREE) WITH ACCESSORY GROUND-MOUNTED EQUIPMENT. 1800 West Ball Road -Trident Adult Center 1527 GG RCL fib-6]-5, CDLDhIAi. A' T I CUP 2004-04916 RS-2 - TRIDEM ADULT CENTER ?DU EACH GOOOHUE T 1 DU EACH 1 CASTLE AVE j TRIDEM ADULT CEMER ~I ~ T ITEM N0. 2 Stair" Report to the Planning Commission January 10, 2005 '.Item No. 2f 2a. 'CEQA NEGATIVE DECLARATION (Motion) 2b. CONDITIONAL'USE PERMIT`NO. 2004-04910 (Resolution) '; +SITE LOCATION AND DESCRIPTION::'. the east property line adjacent to the residential neighborhood. The facility would beloc within the parking lot area as indicated on the aerial map on the fotlowing page. The req also includes an 8-foot high enclosed ground-mounted'accessory equipment storage a~E located adjacent to theJight pole. sreaa~dn.aoo Pagi ~~~~~' ~~~ p^. ~1~ y ~ 1, ~'r ~r,~ 'a~i,'~"i 1 N ~~ ,*.~F~rufiui'' S ~~~ M"me"'-`'~3"~e9.k ~ ~ ~ ~ ~_. _ s C T !s~. V: i ~ r~' ~ r,'. y ~ ~ r~ ~~~~~ r ~ ~ , ~IaykL~h ~ ~' ~ ~~s~~ !r%~~ ~' s~; ~J~ y~ ~ y ~~,"`"F,~ px auk- ~:v-~`~"z~' 'rY ~~ s.. ';=,~ t ,., ~~ vie` rte, u c ~ .c ~ '>,,,~-, 2 ~. ,r a~.,o~.,.. a „ e*r ... .. r ., ., ~:r ~*' ~ ~ r,,., ~ ~ ~ r ' ~ ~ a+.. X } iii 4 ~ ~. C" S?..2r ? .,~ n'+.. Yu } Y ds ~~ f %'- ` ~ uav~ m„c ~~-~>qx~°~~: ~~gyy~a~ fa SBA, ~ zfl` x. r~ r~ W.rt. .~,~~Lnb .`~' ,~; .. FNI.'~.,"..-;~'..z.."'d3,,.vreLw~.:+=.aw'"~~~&n.~., o.,.; :-iwe~r,: ~c„.3 (7) The elevation plans (Revision i, Exhibit Nos. 3 and 4) and'photographic simulation the telecommunication facility disguised as a light pole would have a maximumhe feet. The proposed antennas would be contained within a;cylinder cell and flush-n the pole. Sr8837dh.doc Sr8837dh.ddi Sr8837dh.doc RESOLUTION NO. PC2004- A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 200404910 BE GRANTED (1800 W EST BALL ROAD) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditianal Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1: THAT PORTION OF LOT 5 OF THE KELLOGG HOMESTEAD TRACT, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 8 PAGE 51 MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: $EGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF NORTHEAST QUARTER OF SECTION 20, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, AND RUNNING THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 344.49 LOT 5; THENCE WEST ALONG SAID SOUTH LINE 343.44 FEET TO THE WEST LINE THENCE NORTH ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAIp SECTION 20 TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF LOT 5 OF THE KELLOGG HOMESTEAD TRACT, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 8 PAGE 51 MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 5 THENCE RUNNING WEST ALONG THE NORTH LINE OF SAID LOT TO A POINT 344.49 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT; THENCE SOUTH IN A STRAIGHT LINE TO A POINTS THE SOUTH LINE OF SAID LOT 5, BEING 343.44 FEET EAST OF THE SOUTHWEST GORNER OF SAID LOT; THENCE EAST ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER OF SAID LOT; THENCE NORTH ALONG THE EAST LINE OF SAID LOT 5 TO THE POINT OF BEGINNING. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 18, 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, tp hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and said public hearing was continued to the November 1, December 13, 2004 and January 10, 2005, Commission meetings; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the petitioner proposes to construct a telecommunications antenna (disguised as a light pole) with accessory ground-mounted equipment. 2. That the proposed telecommunications facility would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 3. That the size and shape of the site is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the health and safety as the telecommunication facility disguised as a light pole minimizes any potential aesthetic impacts. -1- PC2004- 4. That because this is an unmanned facility with infrequent maintenance, the traffic generated by the proposed use will not, under the conditions imposed, impose an undue burden upon the streets and highways designed and improved to carry the traffic ire the area. _ , __ 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 and that the use will contribute to an essential and effective wireless communications network system. 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 Anaheim Planning Commission has reviewed the proposal to permit a cellular telecommunication facility disguised as a light pole with accessory ground-mounted equipment 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 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 telecommunication facility is approved for a period of five (5) years to expire January 10, 2010. 2. That the telecommunications facility shall be disguised as a light pole and shall be limited to 43 feet in height and encased within a cylinder cell, and accessory ground-mounted equipment enclosed within an 8-foot high block wall enclosure. Said information shall be specifically shown on plans submitted for building permits. 3. That no signs, flags, banners or any other form of advertising or identification shall be attached to the light pole or the enclosure. 4. That the ground-mounted equipment shall be located entirely within the enclosure and the cable connecting to the equipment shall be underground and shall not be visible to the public. Said information shall be specifically shown on plans submitted for building permits. 5. That all equipment, including supply cabinets and power meter shall be screened from the public right- of-way. Said information shall be specirically shown on plans submitted for building permits. 6. That the portion of the property being leased to the communication provider 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 the Operator shall ensure that its installation and choice of frequencies will not interfere with the 800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity far public safety and related purposes. B. That before activating its facility, the Operator shall submit to apost-installation test to confirm that the facility does not interfere with the City of Anaheim's Public Safety radio equipment. This test shall be conducted by the Communications Division of the Orange County Sheriffs Department or a Division- approved contractor at the expense of Operator. 9. That the Operator shall provide a 24-hour telephone number to the Planning Services Division (to be forwarded to the Fire and Police Departments) to which interterence problems maybe reported, and shall resolve all Interference complaints within 24 hours. -2- PC2004- 10. That the Operator shall provide a "single point of contact" in its Engineering and Maintenance Departments to ensure continuity on all interterence issues. The name, telephone number, fax number,.__ and a-mail address of that person shall be provided to the Planning Services Division. 11. That the Operator shall ensure that any of its contractors, sub-contractors or agents, or any other user of the facility, shall comply with the terms and conditions of this permit. 12. That should this telecommunication facility be sold, the Planning Services Division shall be notified within 30 days of the close of escrow. 13. That any required relocation of City electrical facilities shall be at the petitioner's expense. Landscape and/or hardscape screening of all pad mounted equipment shall be required and shall be specifically shown on plans submitted for building permits. 14. That the applicant shall obtain aRight-of-Way Construction Permit from the Public Works Department for any work within the public right-of-way, including but not limited to installation of conduit, cable and electrical service lines. 15. That the subject property shall be developed substantially in accordance with the plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Revision 1 of Exhibit Nos. 1 through 4, and as conditioned herein. 16. 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, 4, 5, 9, 10, 13 and 14, 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. 17. That prior to final building and zoning inspections, Condition Nos. 8 and 15, above mentioned shall be complied with. 1 B. 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 Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon the applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 7 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. -3- PC2D04- THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 10, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Pvlunicipal Code pertaining to appeal procedures and may be replaced.by.a_Cify 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, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certirh that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on January 10, 2005, by a vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN W ITNESS W HEREOF, I have hereunto set my hand this day of 2005. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2004- ITEM N0. 3 FIRMS CUP 3292 VAR 2613 OFFICE 93-8 BUILDING USTRIAL L.S IVE ~ DR ~ ~P o~~ C-G ~^^,, ° RCL 73-74-55 (B) V I RCL 52-53-B RCL 52-53-8 CUP 1462 CUP 2895 OFFICE C'G BUILDING CUP 2983 RCL 73-74-55 (5) CUP 1723 RCL 52-53-8 CUP 16fi5 CUP 2240 C-G SMALL INDUSTRIAL CUP 1712 RCL 73-74-55 (2) FIRMS CUP 1462 RCL 52-53-8 IMPERIAL CUP 1642 THEATER DEL TACO !IA I RCL 73-74-55 GG (Res. of Int. to Cy ftCL 73-7455 (]) RCL 52-53-6 C-G RCL 52.53.8 T-CUP 2002.04599 CUP 1462 MALL INDUSTRIAL RCL 73-74-55 (1) T-CUP 2001.04430 T-CUP 20ot-04429 FIRMS RCL 52-53-B T-CUP 2001.043]1 T-CUP 2000.04255 ilA CUP 1462 CUP ia6i VAR 2002-04530 vAR 2004-04631 WOODLAND MAGNOLIA PLAZA PLAZA ~ C-G "L 73-74-55 {3) RCL 66-67-14 RCL 52-53-8 CUP 1661 CUP 1462 . POLLO LOCO W z UJ Q N N J z Q 250' ~ C-G RCL 73-74-55 (i) C~ JACK IN THE BOX RCL 66-67-14 RCL 73-74-55 (9 GG RCL 52-53-8 RCL 66-67-04 RCL ]3-]4-55 (fi) CUP 3799 RCL 52-53-8 RCL b6-6]-t4 CUR 14fi2 CUP 1462 RCL 52-53.8 m KENO' S RESTAURANT OFFICE cUP 4057 N BUILDING cuP 1462 SERVIC€ STATIO N LA PALMA AVENUE LIOUOR STORE C-G GG C G RCL 55.56 F RCL 55-56-29 RCL 55-56-29 C-G CUP 463 CUP 3460 CUP 2095 CUP 4053 CL 55-56-2 5.5. MAGNOLIA-LA PALMA CUP 3720 CUP 2294 CUP 1890 SHOPPING CENTER CUP 1704 CUP 1109 CUP 1161 SMALL CUP B6IS SHOPS CUP 169 ~v CUP~iBBB~~u ~~.~n ~ ~ ~ VOCATIONAL SCHOOL ~ m j RL -d+~ G U~ O U O Z J RCL 53-54-7 ~ RC I RCL 53-54-7 RCL 52-53.8 CUP 2923 CUP 1868 OFFICE BLDG I APPLIANCE SHOP I RCL 66-67-14 RCL 53-54-7 VAR 2873 VAR 2483 MEDICAL CLINIC i RCL 6fi-fi7d4 RCL 53.544 RCL 52.53.6 CUP 2061.04499 VAR 1263 SERVICE STATION RCL SMALL OFFI~ RCL 53-59-7 I R( CUP 1088 L FIRMS I RCL 53.54-7 C-G RCL 55-56-29 CUP 3743 RM-4 CUP 1613 RCL 85-86-12 3ESTAURANT RCL 55-56-29 CUP 598 RCL 5556-29 APARTMENTS CUP 2399 64 DU CUP 596 Variance No. 2004-04631 Subject Property Date: November 15, 2004 Scale: 1" = 200' Requested By: ANAHEIM MAGNOLIA LLC Q.S. No. 17 REQUESTS WAIVER OF MINIMUM NUMBER OF REQUIRED PARKING SPACES TO PERMIT A COMPUTER VOCATIONAL SCHOOL. 1125 North Magnolia Avenue 1576 n t xYt !4 x ~+I SL i >~ Y k y :' r Mi M ~ }3 r. a'- ~i h ~ N" .~ ,.,.'3 ~"' Y y~ i I y si5~ 9 w e ' ` >f ~1~ ~ L ~ 3~~ s t~ a~ F~~ ~ ~ ~ ~ 1~ ~~~~~ fi ~ ,! ~ '~~ - ffi ~` S ~l: //, ..~ ,:"Yd~ v~'.-4<. u.':` ,d'am' ~~"C~"„' EY r; r 3a. 1 CE 3b. 44,VA Sll (~) ?RE (2) I hE$Ch001 woUltl OCCUpy.3,UU0 square teeta restaurant and banquet facility and office ten the building. (7) Floor,plans (Exhibit No. 2)'ihdicate that the c feet on the second floor bf the existing 28,63 of 2,052 square feet of classroom area, 430:' restroom, hallway and storage area sr8821gk,doc (8) Vehici exit or the sc space Use Area: Code required parking ratio Number'of s'"aces re uited Vacant Office 17,000 s.f. 4 spaces'per 1,000'square feet 68 S ace Bombay Club 8,636 s.f. `8 spaces per 1,000'square feet 69 Restaurant and Banquet Facili Proposed 2,052 s.f. 20 spaces per 1,000 square feefof 41 Computer (classroom) nstruction'area or 0:82 space per Trade School studenE, whichever is Tess '' 430 sf. 4 spaces per:1000 square feet of office 2 (office) area 518 s.f. _ stora'e Total 28,636 s.f. 180 (10) Sign plans are propos (11) The letter through Tf: Fridays wi .Staff Report to the Planning Commission January i0, 2005 'item No. 3= proposing any operations on the weekend. The letter and parking study indicate there!will be!10 staff members and 50 students. pnly;l0 students are anticipated during the evening class. ENVIRONMENTAL dMPACT ANALYSIS:! (12) Staff has reviewed the proposal and the Initial Study for the proposetl computer vocational school addition (a copy of which is available for review in the Planning Department) and finds no significant environmental impact and, therefore, recommends that a Negative` Declaration tie approved upon a finding by the Planning Commission that the Negative Declaration reflects the independent judgment of the lead agency; and thaNjt has considered the proposed. Negative beclaration together with any comments received during the public review process and further finding on the basis of the Initial Study. and any comments received tha6. here is no substantial evidence that the project wilt have significant effect on the environment. number of students. s(14) This site is located within the West Anaheim'Commercial Corridors Redevelopment Project of the Merged Anaheim Redevelopment Area. The Community Development Department concurs with Planning,Department staffls recommendation for approval. (15) The parking study identifies the following findings to substantiate the approval of the requested waiver: " (a) , That the waiver, under the conditions imposed, if any, will not cause fewer off-street `; parking'spaces to be provided for such'use than'the number of such spaces necessary fo accommodate all vehicles'. attributable to such vse under the normaland reasonable foreseeable conditions of operation of such use. The parking study indicates that the parking demand for off-street parking spaces is Icwer than the quantity provided on theiparcel. There is a surplus of parking spaces on the parcel. (b) ' That the waiver, under the conditions imposed, if any, will not increase'the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. The proposed project will not increase demand for parking on any streets in the vicinity. (c) That the: waiver, under the conditions imposed, if any, will not increasethe demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use. Page 3 (d) (e) FINDINGS (16) Sec regi (a)' (b)= (c) (d)' (e) wcimry or me proposes use. Unless conditions to the contrary are;expressly'imposed upon the granting of any waiver pursuant to this Section by the Commission, the granting`of any such waiver sfiall be deemed contingent upon operation of such useiin conformance with' he assumptions relating to the operation and intensity;of the use as contained in the' parking demand study that formed the basis for approval of'said waiver. Exceeding, violating, intensifying or otherwise deviating from any of said'assumptions as contained in the parking;demand study shall tie deemed a violation of the express conditions imposed uporr;said waiver which shall Page 4 subject said'waiver to termination or modification pursuant to t 18.60.200: of this Code. RECOMMENDATION (17) :Staff recommends that, unlessadditional or contrary;informal meeting, and based upon the evidence submitted to he Com evidence presented in this staff`~eport, and oral and written e~ public hearing, that the Planning Commission a rove the pe 'the attachetl resolution including the findings and conditions c .Page 5 [DRAFT] RESOLUTION NO. PC2005--*" A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 2004-04631 BE GRANTED WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Variance for certain real property situated in the City of Anaheim, County of Orange, State of California described as: PARCEL A: PARCEL NO. 4, TN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 79, PAGES 43 AND 44 OF PARCEL MAPS, RECORDS OF SAID ORANGE COUNTY. WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 15, 2004, at 2:00 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 (Procedures), 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 December 13, 2004, and to the January 10, 2005, Planning Commission meetings; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: That the petitioner proposes waiver of the following to permit a computer vocational school: SECTION NO. 18.42.040.010 Minimum number of parking spaces 180 required; 102 proposed and recommended by the Traffic and Transportation Manager) 2. That the waiver, based on the parking study submitted by the applicant and under the conditions imposed, will not cause fewer off-street parking spaces to be provided because the 102 parking spaces proposed are adequate based upon the peak parking demand of 89 spaces on Thursdays and 81 spaces on Tuesdays being substantially less than the 102 spaces proposed for the combined uses on the property. 3. That the waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use since the 102 proposed parking spaces are adequate to meet the peak demand to accommodate employees and the occasional visitor to the site. 4. That the waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use as the project site provides more than adequate on site parking for the school and other uses on the property. 5. That the waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use. 6. That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. 7. That the proposed use as conditioned herein will not adversely affect the adjoining land uses and the growth and development of the area in which it is located. CR\PC2004-0 -1- PC2005- 8. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the site contains ample area for circulation for the school, restaurant and offices entirely on the property. °° 9. That "" indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to waive minimum number of parking spaces to permit a computer vocational school 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 grant subject Petition for Variance, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the Citizens of the City of Anaheim: 1. That the hours of operation for the computer vocational school shall be Monday through Thursday 8 a.m, to 2 p.m. (morning shift) and 5 p.m. to 9 p.m. (evening shift) and Friday from 8 a.m. to 12 p.m. At no time shall the school operate after 12 p.m. on Fridays or at any time on Saturdays or Sundays. 2. That evening classes shall be limited to a maximum of 10 students based on the recommendation of the City Traffic and Transportation Manager. 3. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash and debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 4. That gates shall not be installed across the driveway in a manner, which may adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall conform to :Engineering Standard Plan No. 475 and shall be subject to the review and approval by the City Traffic and Transportation Manager. 5. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use. 6. That adequate lighting of parking lots, driveways, circulation areas, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property and vehicles onsite. That the minimum lighting level in all parking lots shall be one-foot candle, with a maximum to minimum ratio no greater than 15:1. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. That if an alarm system is installed, aBurglar/Robbery Alarm permit application, Form APD 515 shall be obtained from the Police Department and submitted in a complete form. 8. That an Emergency Listing Card; Form APD-281 shall be obtained from the Police Department and submitted in a complete form. 9. That trash storage areas shall be refurbished, including painting the enclosure gates, to comply with approved plans on file with the Public Works Department. -2- PC2005- 10. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. 11. That due to a change in use and occupancy of the building, plans shall be submitted to the Building Division showing compliance with the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim. The appropriate permits shall be obtained for any necessary work. 12. That within sixty (60) days from the date of this resolution, Condition Nos., 6, 7, 8, 9 and 10 herein-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.40.040.040 and 18.42.040.010 of the Anaheim Municipal Code. 13. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 7 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 10, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. ATTEST: CHAIRMAN, ANAHEIM PLANNING COMMISSION SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) -3- PC2005- I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on January 10, 2005, 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 2005. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2005- TTE?w1 NG. JACI(SON WAY ANAHEIM CITY LIMITS RLL 6fi-fig-5cO cuP ZS9ri' PARCEL B RM-0 C-G ~ iRAVELOOGE _ RCL fiO-fit-19 TTM 16609 m GG j VAR 1322 RCL 99-00-B - RLLfiL6zd3 ' RCL 68-69-74 = LUP 1651 cuP 464 I (Res of Intent to CL) KINGS MOi EL COOLIOGE AVE RC1. 2004-00136 ~ y ' ac: c1-0z.n GL CUP ]6]U f-1 j CUP 2004-04933 ~ - C Pc,GT6 ~ cuv iioi eq}uaps I I I CUP 1230 ' VAR 4342 R cuP.6a c_Nr<a I I I L % I B G 1 RM : __________ r. RCL t fi24J RCL 60-61-19 $ VAR 20fi0 ~ cuP 4b: ___-__ --- VAR t322 VAR 1145 S y _. r - APARTMENTS VAR 7~1 ~.] GG CUP 1330 (RCL 60.61.95) Q RCL 6142-]3 LUP 46< (CUP 780) GG I I (CUP 196) oc RCL 6t-62-]J RCL 6142-TJ -64-35 (CUP 167) (~C-162' LUP 4449 I p RM-1266) 'ANAHEIM VACATIpN VAR 1956 ~ RM-0 RcL 2662-06641 49fi PARK 5MP11 COMM. SHOPS I I RCL 2000-00034 377 GG I I ((Res, of knt. RCL 9&B&t2 I I Ip R&A-03,090) RCL 59£0.1 I RCL 02-83-04 VAR 2fi505 I I RCL 63-64-i 70 VAR 195fi T 591, TOWER j j CUP 2002-04603 RCL 82-83-24 v~ RECORDS I I T-CUP 2004-04923 RCL 63-64-35 p PARCEL A I I VAR 3306 I I VAR 639 (Res. of IGL b RM42W) ^ GG I I RCL 56-57464 p; C 2004 0013fi PCN 2002-00000 I I - R L T-PCN 29M-00017 I CUP 701 O RCL 65b6-99 ~ VACANT CUP 477 U '. (RCL fi0-61-96} I I LA BELLE FGNTAINE ¢ CUP 2004-04933 I I MOBILE HOME ESTATES [, C-G CUP 2853 I I W RCL fifiE7-21 (CUP 2184) w RLL 9099-12 I I ~ RCL 59.60-3fi (CUP 780) m RLL 55-56-3T I I ~ CUP 21103-04676 (CUP 796) ~ LUP D05 I L-___________. _ CUP 114 "G o VAR 3573. (CUP 107) FURNITURE STORE _______- ^- 2-43-26 g VAR 2162 S TTM 16609 ~ I I 6-57-64 = VAR 1919 S VAR 4342 ~ 3-G4-35 ¢ (RCL 5fi-fi7-7) REST. I W RM-t200) < (CUP 504) I I ' 1 96 T ti (VAR tOBfi 5 T7 RCL 02-BJ40 h VAR 1083 $ I I RM-0 ( RCL fi3-64-35 r W (CUP X-18) LG I I RCL 9]-9&15 "' IRea.OCUPr1496 ROB) ~u= 3 SUP 2-58 RCL 59-0o-]c ~ T-LUP 2004-04P RCL D0.09a2 I LPLN 2004-00I cuP ]TIT SHOPPIN LUP Cn ~ ° CENTER vAR Ube MOBILE HOME ¢~- LOP 408s RLL SS50-]] I vALANT cuc X69 vAR +6s] PARK V j pgIVHN 6 s.5. fl I ¢ RE^vL FOOD MART 1 LINCOLN AVENUE _ rr Rri aiinm w -- Reclassification No. 2004-00136 Subject Property Conditional Use Permit No. 2004-04933 Date: January 10, 2005 Tentative Tract Map No. 16809 Scale: Graphic Q.S. Na. 8 Requested By: LANE A. ANDERSON REQUEST RECLASSIFICATION OF THE PROPERTY FROM THE C-G (GENERAL COMMERCIAL) ZONE TO THE RM-3 (RESIDENTIAL, MULTIPLE-FAMILY) OR LESS INTENSE ZONE. REQUEST TO PERMIT A 102-UNIT, ATTACHED RESIDENTIAL PLANNED UNIT DEVELOPMENT IN THE RM-3 ZONE WITH WAIVER OF REQUIRED DEDICATION OF RIGHT-OF-WAY. TO ESTABLISH A 6-LOT, 102-UNIT, AIRSPACE CONDOMINIUM SUBDIVISION. Parcel A: 221 North Beach Boulevard; Parcel B: 311 North Beach Boulevard. 163s TTFM N(1. 4 Direction Genera0 Ptan Designafian North N/A (Single-family residences withimahe City of Buena Park); East'(across Beach Boulevard) Regional Commercial South Regional Gommercial West Medium Density Residential Develo ment-Standards ,Pro used Pro'ect RIN-32one Standards , ;:Site Area 8:62 acres: 375,277 s uare feet N/A iNumber of Dwellin Units 102 dwellin units ':156 units max. .Land Area:'er Unit 13,679 s.f. 2;400 s.f. er unit min. Lot Covera e 36.3°~ 45°/dmax. RecreationlLeisure Area 1,014s.f. per unit 103,444 s uare feef'totaq 750 s.f. perunit min. '(76,500 s.f'total) Direction Proposed Structural Code-Required Structural AtljacentZonng ~Sethacks ~ Set6adks " . " North (adjacent to single- ! 45 to 52 feet 35 feet, 1Q feet fully N/A (Buena Park) family residences) landsca ed EasN(adjacentto Beach Blvd.) 6 to 25 feet for perimeter 20 feet average; 15 feet N/A wall; 17 to 35 feet for ICI minimum, fully landscaped residential structures*' South (adjacenfto retail 15 to 17 feet 15 feet C-G center West (adjacent3a multiple- < 15 to 17 feet 15 feet RM-4 famif residences (10) The petitioner indicates that a 6-foot high south, and west property lines. A decors trellised pedestrian entry points and wrot. adjacent to Beach Boulevard. Code regt from Beach Boulevard'and no loserthai between 6 and 25 feet from the uitimate'j narrower along the northern part of the pi west. Conversely, the`setback would w(c sftould be noted that the existing perimet ti~ ,~t aPl sel _ bai (14) i nesi[e plan mcicatestne sttewowo ne served with an:.intenor private: would accommodate bottrivehicularend pedestrian circulation through private streets would be improved with a six (ti) foot wide parkway and' sidewalk providing pedestrian access to and from all the units antl the the center of the complex. The private streets would comply with City'; street width and would allow for on-street parking. (15) A total of 103,444 square feet of recreational/leisure area' woultl be pro of private patio areas (11,694 s.f.), private yard areas for he units local wesYproperty lines (11,550 s.f.) and`common green areas (56,956 s.f) of 76;500 square feet which may be provided in any combination of pri t(16) Conceptual elevation drawings (F_xfiibit Nos. 14-28) indicate a 2-story s storyelement proposed in the center' of each building cluster (withthe') located adjacent to the single-family residences to the north). Spanish be incorporated; throughout the site,i including the perimeter fence facie The architecture would include concrete "s"tile roofs,stui areatment around the'dOOrwavc anH winrlrnMc wrni inlet irr Initial Study and any comments received that there is no substantial evide will have a significant effect on the environment. EVALUATION (19) The Anaheim General Plan Land: Use Element designates this property fo Density land uses, witha density range of O to 18 dwelling units per acre. ` proposes 102 attached'condaminium dwelling units at a density of 11.8 dv The proposetl development would be compatible with the existing resident the north and west andlthe commercial property to thefsouth. Tfte propos reclassification of the properties from C-G to RM-3 is consistent with the L Residential land use designationfor the site:: (zo) a ci pl (21} T D B P ei ~I n F1IUGCUW CD Ca UiUI WIICU 111.411tlFlLCI IC that the findingsset forth in Section 1 not be required and provided that bef Commission, it shall be shown that e (a) ,There is no reasonable relation improvements and the type of mposed;'or Staf Play Jahi Iten- (b) The cost of the required dedication and improvements unrea burden or impact created'by the development project. As indicated in Paragraph No. 21 above, the Public Works Departm applicant's request td partially waive the dedication df right-of-way; that Beacti Boulevard.. already has four southbound lanes and additi would not significantly increase raffic capacity. Therefore, there is V.nhuoon l4(~ ne....l fAA1........~.~.:..J .L..i:..:: ~:........d •c:C a....fs:_ :~___._ (24) ' r (2; aNNuuauro veneim m~u,apecnic runs. 3. That the site is not physically suitable for the'type of development: 4. That the site is not physically suitable for theproposed density of develoF 5. That the design of the subdivision or the proposed improvements are like substantial environmental damage. or substantially and avoidably injure fi or their hatiitat. t. cause wildlife Staff,Report to he Planning Commission January 10, 2005 Item No. 4 6. That the design of he subdivision or the type of improvements is likely o cause serious public health problems. T. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property:'. within the proposed subdivision. RECOMMENDATION: (26) Staff recommends that, unless additional or contrary information is received during the meeting, and based upon the evidence submitted to the Planning Commission' including the evidence presented in this staff report,tand oral and writtenevidencepresented'at the public hearing;: the Planning Commission approve the petitioner's request and adopt the resolutionsi and tentative tract map Including the findings and conditions contained therein: Page 8 [DRAFT] RESOLUTION NO. PC2005--'* A.RESOLUTION OF THE ANAHEIM PLANNING COMMISSION °' THAT PETITION FOR RECLASSIFICATION NO. 2004-00136 BE GRANTED (221 AND 311 NORTH BEACH BOULEVARp) WHEREAS, the Anaheim Planning Commission did receive a verified petition for Reclassification for real property situated in the City of Anaheim, County of Orange, State of California, described as follows: THE NORTH HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTH EAST QUARTER OF SECTION 11, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THE FOLLOWING: PARCEL A: THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN BERNARDO MERIDIAN, INCLUDED WITHIN A STRIP OF LAND 110 FEET WIDE LYING 55 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 11 (THE WEST LINE OF SECTION 13 OF SAID TOWNSHIP AND RANGE BEARS SOUTH 0° 09' 50" EAST, FROM SAID SOUTHEST CORNER); THENCE ALONG THE EAST LINE OF SAID SECTION 11, (SAID EAST LINE BEING ALSO THE CENTERLINE OF STANTON AVENUE, 60 FEET WIDE, AS DECLARED BY ACTION OF BOARD OF SUPERVISORS OF SAID COUNTY), NORTH 0° 11' 10" WEST, A DISTANCE OF 612.23 FEET; THENCE NORTHERLY ALONG A CURVE CONCAVE WESTERLY, TANGENT TO THE LAST DESCRIBED COURSE AND HAVING A RADIUS OF 2527.00 FEET, THROUGH AN ANGLE OF 19° 58' 50", AN ARC DISTANCE OF 881.23 FEET. PARCEL B: THAT PORTION OF SAID EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 11 .LYING EASTERLY OF THE ESTERLY LINE OF THE ABOVE-DESCRIBED 110-FOOT STRIP OF LAND. ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED IN PARCEL 100016-1 OF THAT CERTAIN FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 785- 147, A CERTIFIED COPY OF WHICH WAS RECORDED DECEMBER 29, 1998 AS INSTRUMENT NO. 19980898638 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 13, 2004, at 2:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed reclassification and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the January 10, 2005, Planning Commission meeting; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the petitioner proposes reclassification of subject property from the C-G (General Commercial) zone to the RM-3 (Residential, Multiple-Family) or a less intense zone. CR1PC2005-0 -1- PC2005- 2. That in conjunction with the recently approved Citywide General Plan Update, the City Council adopted General Plan Amendment'No. 2004-00419, which redesignated subject properties from the General Commercial land use designation to the Low-Medium Density Residential land use designation; and that the proposed reclassification would be consistent with the Low-Medium Density Residential land use designation. 3. That the proposed reclassification of the property is necessary andlor desirable for the orderly and proper development of the community. 4. That the proposed .reclassification and associated zoning entitlements would create additional housing opportunities that would serve to meet the high demand for entry level housing within the community. 5. That XX indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to reclassify the properties from the C-G zone to the RM-3 or a less intense zone and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that 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 approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to exclude the above-described properties from the C-G zone and to incorporate said described property into the RM-3 zone upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of subject property in order to preserve the health and safety of the Citizens of the City of Anaheim: That prior to introduction of an ordinance rezoning subject property, a preliminary title report shall be furnished to the Planning Services Division showing the legal vesting of title, a legal description and containing a map of the property. 2. That the property owner shall submit a letter requesting termination of Variance No. 721 (to permit the sale and display of building stone), Variance No. 1145 (to erect a temporary subdivision sign), Conditional Use Permit No. 1230 (to permit a 218-space travel trailer park with waiver of minimum required front setback), Conditional Use Permit No. 2853 (to permit adrive-in, drive-through restaurant with car hops) and Variance No. 4342 (waiver of permitted identification signs in the RS-A-43,000 Zone to construct a 60-square foot monument sign) to the Development Services Division. 3. That prior to placement of an ordinance rezoning subject property on an agenda for City Council consideration, Condition Nos. 1 and 2, above-mentioned, shall be completed. The City Council may approve or disapprove a zoning ordinance at its discretion. If the ordinance is disapproved, the procedure set forth in Anaheim Municipal Code Section 18.60.140 shall apply. The provisions or rights granted by this resolution shall become null and void by action of the Planning Commission unless said conditions are complied with within one (1) year from the date of this resolution, or such further time as the Planning Commission may grant. 4. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or -2- PC2005- unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject property; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole discretion. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 7 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 10, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on, January 10, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 2005. IN WITNESS W HEREOF, I have hereunto set my hand this.. day of , SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2005- [DRAFT] RESOLUTION NO. PC2005--' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04933 BE GRANTED WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THE NORTH HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTH EAST QUARTER OF SECTION 11, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THE FOLLOWING: PARCEL A: THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN BERNARDO MERIDIAN, INCLUDED WITHIN A STRIP OF LAND 110 FEET WIDE LYING 55 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 11 (THE WEST LINE OF SECTION 13 OF SAID TOWNSHIP AND RANGE BEARS SOUTH 0° 09' 50" EAST, FROM SAID SOUTHEST CORNER); THENCE ALONG THE EAST LINE OF SAID SECTION 11, (SAID EAST LINE BEING ALSO THE CENTERLINE OF STANTON AVENUE, 60 FEET WIDE, AS DECLARED BY ACTION OF BOARD OF SUPERVISORS OF SAID COUNTY), NORTH 0° 11' 10" W EST, A DISTANCE OF 612.23 FEET; THENCE NORTHERLY ALONG A CURVE CONCAVE WESTERLY, TANGENT TO THE LAST DESCRIBED COURSE AND HAVING A RADIUS OF 2527.00 FEET, THROUGH AN ANGLE OF 19° 58' S0", AN ARC DISTANCE OF 881.23 FEET. PARCEL B: THAT PORTION OF SAID EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 11 LYING EASTERLY OF THE ESTERLY LINE OF THE ABOVE-DESCRIBED 110-FOOT STRIP OF LAND. ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBEp IN PARCEL 100016-1 OF THAT CERTAIN FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 785- 147, A CERTIFIED COPY OF WHICH WAS RECORDED DECEMBER 29, 1998 AS INSTRUMENT NO. 19980898638 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 13, 2004, at 2:00 p.m., notice of said public hearing having been duly given as required bylaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed subdivision and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the January 10, 2005, Planning Commission meeting; and WHEREAS, said Commission, after due inspection., investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one forwhich a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.06.160, to construct a 102-unit, attached residential planned unit development with waiver of the following: SECTION NO. 18.40.060..020 Dedication of right-of-way. 10 feet of additional dedication along Beach Boulevard required; 3 feet proposed). Cr\PC2005-0 -1- PC2005- 2. That the intent of the Code is to ensure that a project's impact upon the local street system is adequately mitigated through street widening that will serve to .increase traffic capacity andlor improve traffic flow. However, the ultimate planned number of lanes along southbound Beach Boulevard in the vicinity of this property currently exists and the Public Works Department supports the applicant's request which would maintain the existing curb line while accommodating an 8-foot wide parkway and 5-foot wide sidewalk. 3. That the Public Works Department has determined there is no reasonable Yelationship between the need for the required full dedication and the extent of development proposed. 4. 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 the proposed project is compatible with existing and surrounding land uses and that the deviations from the Code as provided in Section 18.06.160 would achieve a good project designed to enhance the privacy and livability for residents within and around the project, and create a project that is compatible and consistent with surrounding land uses. 5. That the proposed use would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed. 6. 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. 7. 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 less dwelling units than presently exists on the property. 8. That the granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. 9. That XX people indicated their presence at said public hearing in opposition to the subject petition; 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 102-unit, attached residential planned unit development in the RM-3 Zone with waiver of required dedication of right-of-way; 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 grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: That 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. 2. That a plan shall be submitted to and approved by the Traffic and Transportation Manager indicating how the vehicular security gates and vehicle turn-.around will function. Said improvements shall thereupon be maintained in compliance with said approval. 3. 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. 609 and shall be subject to the review and approval of the City Traffic _2_ PC2005- and Transportation Manager. Said information shall be specifically shown on plans submitted far building permits. 4. That the developer shall pay a traffic and transportation improvement fee to the City of Anaheim, Traffic Engineering Division, in an amount established by City Council ordinance/resolution. 5. That prior to the issuance of a building permit, the developer shall enter into an agreement with the Redevelopment Agency related to the appropriate sharing of costs and responsibilities associated with the construction of traffic signals, median modifications or other traffic-related improvements necessary to integrate this project with the proposed Westgate project located on the east side of Beach Boulevard. 6. That, as required by Caltrans, a southbound deceleration on Beach Boulevard shall be provided. Said lane shall be illustrated on plans submitted for building permits. 7. A Caltrans encroachment permit shall be obtained prior to the construction of any improvements along Beach Boulevard. 8. That the proposed driveway for this project shall result in an aligned and signalized intersection with the proposed Westgate project located on the east side of Beach Boulevard. Full intersection and traffic signal design and construction shall be provided by the developer to the satisfaction of the City Engineer and shall be based upon reasonably anticipated impacts from, and benefits to, this project. Said construction shall be awarded prior to the issuance of the first building permit, except for those associated with model homes, and shall be completed within a timeframe established by the Public Works Department. As part of the design of the traffic signal, the left turn pocket lengths shall be determined by the Traffic and Transportation Manager and Caltrans (currently estimated at 260-foot long dual left turn pockets southbound into Westgate and a 100-foot long single left turn pocket northbound into the residential project site) prier to design and construction of the traffic signal. 9. That final landscape and fencing plans for the subject property shall be submitted to the Planning Services Division for review and approval. The landscaping plan shall include landscape improvements to be provided within the parkway adjacent to Beach Boulevard (in conformance with Public Works standards). The fencing plan shall incorporate a six (6) foot high decorating block wall along the north, west, and south property lines. Any decision made by the Planning Services Division regarding said plan may be appealed to the Planning Commission and/or City Council. All trees shall be properly and professionally maintained by the homeowners association to ensure healthy growth. 10. 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 and/or City Council, 11. 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. 12. 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. 13. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 14. That clothes washer and dryer hookups shall be incorporated into each dwelling unit and shall be shown on the plans submitted for building permits. -3- PC2005- 15. That this Conditional Use Permit is granted subject to approval of Reclassification No. 2004-00136 and the approval and recordation of Tentative Tract Map No. 16809, now pending. 16. 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. 17. That the property owner/developer shall install street lights on Beach Boulevard in their ultimate location if required by the ElectricalEngineering Division. A bond for the installation'of the streetlights shall be posted with the City of Anaheim prior to issuance of building permits. The streetlights shall be installed prior to occupancy of the first unit. 18. That the locations for future above-ground utility devices .including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments. 19. That any required relocation of City electrical facilities shall be at the developer's expense. 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 no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 21. That plans shall be submitted to the Traffic and Transportation manager for his review and approval showing conformance with Engineering Standard No. 115 pertaining to sight distance visibility for the wall/fence location. 22. That the project shall provide for truck deliveries on-site. Such information shall be specifically shown on plans submitted for building permits 23. That the proposed driver aisles shall be a minimum of 20-feet in width allowing for two way traffic and this dimension shall be reflected on the plans submitted for building permits. 24. That the private sewer shall be connected to the existing sewer manhole at the end of Coolidge Avenue to the west. 25. That prior to the issuance of a building permit, the City of Anaheim Sewer Impact Mitigation Fee for the Combined West Anaheim Area, Zone A, shall be paid. The mitigation fee is currently $206/unit for multiple-family developments. 26. 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. 27. 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. Trash truck turn-around shall be provided through each construction phase of the project. Said turn-around area shall be specifically shown on plans submitted for building permits. 28. 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. Barrel collection areas shall be provided in an area designated for barrel collection only and shall be specifically shown on plans submitted for building permits. 29. 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 (WDID) -4- PC2005- Number. The applicant shall prepare and implement a Stormwater Pollution Prevention Plan (SW PPP). A copy of the current SWPPP shall be kept at the project site and be available for City review on request. _. 30. That :prior to grading plan approval, the developer shall submit a geotechnical report that meets the requirements far a "Screening Investigation for Liquefaction Potential" as identified in DMG special publication 117 "Guidelines for Evaluating and Mitigating Seismic Hazards in Califomia". If the findings of the screening investigation cannot demonstrate the absence of liquefaction hazards, then the comprehensive quantitative evaluation shall be conducted to develop mitigation recommendations tp effectively reduce the hazard to an acceptable level. 31. That prior to grading plan approval, the applicant shall submit a Drainage Study:prepared by a registered professional Civil Engineer in the State of California. The Study shall be based upon and reference the latest edition of the Orange County Hydrology Manual the applicable City of Anaheim Master Plan of Drainage for the project area. All drainage sub-area boundaries per the Master Plan for Drainage shall be maintained.. The Study shall include: an analysis of 10-, 25-and 100-year storm frequencies; an analysis of all drainage impacts to the existing storm drain system based upon the ultimate project build-out condition; and address whether off-site and) or on-site drainage improvements (such as detention) retention basins or surtace runoff reduction) will be required to prevent downstream properties from becoming flooded. 32. That prior to the issuance of grading permit, the applicant shall submit to the Pubtic Works Department Development Services Division for review and approval a Water Quality Management Plan that: • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan (DAMP). • Incorporates Treatment Control BMPs as defined in the DAMP. e .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. 33. 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 onsite. • Submit for review and approval by the City an Operation and .Maintenance Plan for all structural BMPs. 34. That the proposed parkway irrigation system along Beach Boulevard shall be tied into the on-site irrigation maintained by the property owner/homeowner's association. Said information shall be specifically shown on plans submitted for building permits. 35. 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. 36. 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- PC2005- 37. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 38. That all existing water services and fire lines shall conform to current Water Services Stahdards 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. 39. That prior to submitting water improvement plans, the developer shall submit a water system master plan, including a hydraulic distribution netwcrk analysis, for Public Utilities Water Engineering review and approval. The master plan shall demonstrate the adequacy of the proposed on-site water system to meet the project's water demands and fire protection requirements. 40. 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. 41. That prior to rendering of water service, the developer/owner shall submit a set of improvement plans for Water Engineering review and approval to determine the conditions necessary for providing water service to the project. 42. That prior to application for water meters, fire line or submitting the water improvement plans for approval, the developer/owner shall submit to the Public Utilities Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall occur in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations. 43. That two separate connections to the public water main shall be required and that a looped water system shall be provided. Said information shall be specifically shown on plans submitted for building permits. 44. That an address monument and/or complex map shall be positioned to be readable from the main vehicular or pedestrian access points without causing vehicular stacking and shall be illuminated during hours of darkness. Said information shall be specifically shown on plans submitted for building permits. 45. That each individual building and unit shall be clearly marked with its appropriate building number and address. Markings shall be positioned so they are easily viewed from vehicular and pedestrian accessways throughout the complex. Main building numbers shall be a minimum height of 12" and illuminated during hours of darkness. Said information shall be specifically shown on plans submitted far building permits. 46. 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 31, as conditioned herein. 47. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 14, 15, 17, 18, 19, 21, 22, 23, 25, 26, 27, 28, 34, 35, 36, 40, 43, 44 and 45 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. 48. That prior to final building and zoning inspections, Condition Nos. 24, 33 and 46 above-mentioned, shall be complied with. -6- PC2005- 49. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the __. request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 7 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 10, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, ,Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on January 10, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN W ITNESS W HEREOF, I have hereunto set my hand this day of 2005. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -7- PC2005- ~ItV Oi Hilct11~i1T1 ~t a,1 ~ ~ I January 10, 2005 - -- ~ ~ ~ J I ~~;s~ 'Lane A. Anderson 6345 Balboa Boulevard, #112 Encino, CA 91316 Following is an excerpt from the minutes of the Anaheim City Planning Commission meeting of January 10, 2005. 4a. CEQA Negative Declaration (Readvertised) i. 4b. Reclassification No. 2004-00136 4c. Waiver Of Code Requirement 4d. Conditional Use Permit No. 2004-04933 1, 4e. Tentative Tract Map No. 16809 i Owner: Lane A. Anderson, 6345 Balboa Boulevard, #112, Encino, CA 91316 Agent: John O'Brien, Brookfield Homes, 3090 Bristol Street, Suite 200, Costa Mesa, CA 92626 Location: 221 North Beach Boulevard. Parcel A: Property is approximately 0.56- 1 acre, having a frontage of 150 feet on the west side of Beach Boulevard, located 665 feet north of the centerline of Lincoln Avenue. 311 North Beach Boulevard. Parcel B: Property is approximately 7.95 acres, having a frontage of 505 feet on the west side of Beach Boulevard, located 815 feet north of the centerline of Lincoln Avenue. Reclassification No. 2004-00136 -Request reclassification of the property from the C-G (General Commercial) zone to the RM-3 (Residential, Multiple-Family) or less intense zone. I Conditional Use Permit No. 2004-04933 -Request to permit a 102-unit, attached residential planned unit development in the RM-3 Zorie with waiver of required I dedication of right-of-way. Tentative Tract Map No. 16809 -Request to establish a 6-lot, 102-unit, airspace condominium subdivision. ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission has reviewed the proposal and does hereby approve a CEQA Negative Declaration upon finding that it serves as adequate environmental documentation regarding this request for Tentative Tract Map No. 16809 (to ~ establish a 6-lot, 102-unit, airspace condominium subdivision). Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim City Planning Commission does hereby determine that the ~ proposed tentative tract map, including its design and improvements, is consistent with the Anaheim General Plan, and does therefore approve Tentative Tract Map No. 16809, to establish a 6-lot, 102-unit., airspace condominium subdivision subject to the following conditions: ?00 South Anaheim &oulevard P.O. Box 3??2 ~ Anaheim, California 92903 .. _:v:.aszne,m.nst TEL (714) 765-5139 That prior to the issuance of the first building permit, excluding model homes, the final map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be recorded in tihe Office of the Orange County Recorder (Subdivision Map Act, Section 66499.40). That prior to final map approval, a maintenance covenant shall be submitted to the Subdivision Section of the Public Works Department and approved by the City Attorney's Office. The covenant shall include provisions for maintenance of private facilities, including compliance with an approved Water Quality Management Plan, landscaping and maintenance exhibit. The covenant shall also include provisions requiring the future homeowner's association to permanently maintain the landscaping provided within the parkway located along the Beach Boulevard frontage and all fencing. The covenant shall be recorded concurrently with the final map. 3. That prior to final map approval the legal property owner shall execute a Subdivision Agreement, in a form approved by the City Attorney, to complete the required public improvements at the legal property owner's expense. Said agreement shall be submitted to the Subdivision Section of the Public Works Department, approved by the City Attorney and City Engineer and then recorded concurrently with the final map. 4. That prior to final map approval all condominium units shall be assigned street addresses by the Building Division of the Planning Department. Street names for any new private street (if requested by the developer or requested by the City) shall be submitted to and approved by the Building Division of the Planning Department. 5. That prior to final map approval, the quitclaim of the existing Southern California Edison easement and other public utility easements shall occur. 6. That prior to final map approval, the City of Anaheim sewer connection fee shall be paid in full. The fee is currently $360lacre. 7. That the prcpery owner shall irrevocably offer to dedicate to the City of Anaheim, on the final map, an easement 3-feet in width from the existing right-of-way line along Beach Boulevard for road and public utility purppses. 8. That approval of this tract map shall be subject to approval and finalization of Reclassification No. 2004-00136 and Conditional Use Permit No. 2004-04933. 9. 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 reque~.t regarding any other applicable ordinance, regulation or requirement. Sincerely, Eleanor Morris, Senior Secretary Anaheim City Planning Commission CR DM.doc Page 1 of 1 ATTACHNNIENT -ITEM N0. 4 Elaine Yambao Prom: Cheryl Stump [CStump@brookfieldsouthland.comJ Sent: Wednesday, January 05, 2005 8:37 AM To: Jonathan Borrego; Elaine Yambao Subject: FW: 311 Beach Request for Waiver of Dedication (REVISED) Jonathan: Brookfield Homes would like to request a Waiver of the Dedication Requirement for Tract 16809 located at 311 N. Beach Blvd. Brookfield Homes will provide 5-feet of additional dedication right-of-way along Beach Boulevard. Brookfield Homes feels that this waiver is justified. Beach Boulevard currently provides 4 travel lanes in each direction (as required in the General Plan) and the additional widening as required by Public Works Standard Detail 160-A will not significantly increase traffic capacity for the proposed development. If you have any questions regarding this matter, please call me at (714) 200-1615. Thank you. Cheryl Stump Project Manager R R D O K F I E L O Dflect 774ZOOA6'15 FeY 714.427.6873 HOME e $OUTRLAND RUSIN655 GROUP I f Y s the A t f f e r e n c c 3~0 edstnl Street, Salle 200, Costa Mesa, Callfamia 92626 brooklleldsouthlandmm 1 /5/2005 IT_~Ii N0, 5 y.u- ;Re` ` ~ ~V6kP .. ET ` \ \ S1R~ ~ 1 ` ECM ~ ~ `'~ ~3`--: ct GS~G~+~ Rth.q 5~ +1AR 17 P c 66:. Ga ROt. F39 t S- `iM~ r - m v R~c~EN ~ -~,pF]G r- PPPj02 pU VpRG p.l. P .~yi ~:,n APAF~ OUN N ~ ` E3. 6G-tq ~ V ~ ~' - RC. pNPHg\ht ~{ zpU t DU GY `9EPNFTMENj ,,:. Vr'4"Sr t DU F~.ai ..~ t= ,_.r6c.n PFSp t NP STREE -cM ,G, c` Zoo.3 c of 1Yay ~ on 1 1 tB' SP a cue ,u1 \ ~'FR ~%e a6 ~ss lFes oY In eAGR CU4TURE ,1 R5.2 F Cc. y F~ oG0 04G'+ ,Y U EpGH ~. .yF.~s ~ G --.JP CAF+6~>Z~ FS ~ 5D I ~ ~FP cis 1D '° oPr¢G°° vAO~ 2 t DU `, ~ R pU °;+,F'H O t O VACANT VpCpNi ~ ~ as2 G ,.. _ ~,:,Nf C ~ ~ ~ Y Y O M F m 9 ~, i? DU - `" _..~ c'c ~ tDU EACH a / Z - v.,r.,: o . ~ ~, ~i RpU N ~PC~ _~~ q Y m Zpl i E`~MEN'CPR ~ g n0 t C SpHpO yore 2DU Z% tDU ~ LSyG65 Gl6SG6A a6fp NP UEpCI'1 a~ma: Dente`- UEpCH 1D General Plan Amendment Na. 2004-00421 Subject Property Reclassification No. 2004-00137 Variance No. 2004-04633 Date: December 13, 2004 Tentative Tract Map No. 16794 Scale: 1" = 200' Requested By: YO-DVINDER S. VIRK Q.S. No. 73 GENERAL PLAN AMENDMENT NO. 2004-00421 - REQUEST TO AMEND 7HE LAND USE ELEMENT MAP OF THE ANAHEIM GENERAL PLAN REDESIGNATING THE PROPERTY FROM THE LOW-MEDIUM DENSITY RESIDENTIAL DESIGNATION TO THE LOW DENSITY RESIDENTIAL DESIGNATION. RECLASSIFICATION NO. 2004-00137 -REQUEST RECLASSIFICATION OF THE PROPERTY FROM THE: O-L (LOW INTENSITY OFFICE) AIJD RS-2 (RESIDENTIAL, SINGLE-FAMILY) ZONES TO THE RS-3 (RESIDENTIAL, SINGLE-FAMILY) ZONE OR LESS INTENS'e ZONE. VARIANCE NO. 2004-04633 -REQUEST WAIVERS OF: (A) LOT DEPTH ADJACENT TO AN ARTERIAL HIGHWAY (B) REQUIRED FRONT YARD SETBACK (C) REQUIRED REAR YARD SETBACK (D) MINIMUM NUMBER OF PARKING SPACES TO CONSTRUCT SEVEN (7) SINGLE-FAA4ILY RESIDENCES. TENTATIVE TRACT MAP NO. 16794 -REQUEST TO ESTABLISH A 7-LOT. 7-UNIT DETACHED SINGLE-FAMILY SUBDIVISION 502 South Harhor Boulevard 160E rmrnv wrn ~ s' sr8843av ~ ne mow uen; i single-family de Typical development consists ofsingle-family lots of 5;000 to 10,C permitted density range is from zero up to 6; 5 dwelling; units per g residential land in Anaheim is designated as Low Density Resider (9) The Low-Density Residential land use designation is appropriate I Seven (7) homes constructed on this 1.2-acre site would provide'i units per acre. The proposed density and land pattern is compatl surrounding single-family neighborhood. Therefore, staff is supp< general plan amendment. DEVELOPMENT PROPOSAL (10) The petitioner proposes to reclassify this property from he O-L a 3 or a less intense zone. The RS-3 Zone is?a typical implemental General Pian land use designation of Low bensity Residential (11) The petitioner is also requesting to re-subdivide this property to e detached single-family,~esidential' ubdivisioh. The tentative tract Lot Proposed Lot Width Required- Lot Width': Proposed Lot De th 'Required Lot De th Proposed Lot Area's . ft. Required Lot Areas '. ft 1 &3 feet r 50 feet 85 feet '120 feet - 5;358 :5;000. 2 !' 63 feet 50 feet 85 feet 120 feet 5;355 5',000: 3 63 feet 50 feet i 84 feet 120 feet 5,330 5;000 4 i 65 feet r 50 feet f 84'feet 120 feet ! 5;466 5;000' 5 60 feet ? 50 feet 107:feet - 6;405 5,000: 6 '67 feet 50 feet 101'feet - 6;798 :5;000: 7 +67 feet ' S0 feet ' 92'feet - 6;128 5;000 Lot Lot Size (square feet) Front Setback ;Proposed/Required ! Side Setback proposedlRequired ' Rear Setback ProposedlRequlred 1 5;358 i 15 feeU15 feet 5 feeU5 feet 15 feeU15 feet 2 5,355 15 feeWS feet 5 feeU5`feet 15 feeU15 feet 3 5,330 15 feet/15 feet 5 feeU5'feet 15 feet/t5 feet 4 5;466 i 15 feeU15 feet 5 feeUS feet ! 15 feeU15 feet 5 6;405 21 feeU15 feet 5 feeU5'feet 15 feeU15 feet : 6 6,798 6 feeU15 feet 5 feeU5 feet 25 feeU15 feet 6,128 22 feeU15 feet 5 feeU5 feet 15 feeU15 feet F (13) Col Cra anc bra aesignea me ioawim a useaoie rearyara would'necessltate afront yard. (19) Waivers (c) and (d) have been deleted. (20) The petitioner isproposing'to develop;ttii homes would be designed with complem the historic homes facing Harbor Boulev Neighborhood Preservation Office to'ens Neight outstay Preser to the V require approv issuan~ ': FINDINGS` 6. That the design'of the subdivision or the type of'improvements is likely to cause serious public health problems. 7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public aCJarge, for access through or use of property within the proposed subdivision. Page 5 RECOMMENDATION: (23) Staff recommends, unless additional or contrary nt and based upon the evidence submitted to the Con in this staff report, and oral and writteri!evidence`p Planning Commission approve the petitioner's req and tentative tract map inclutling the findings and'. c [DRAFT] RESOLUTION NO. PC2005-*'°°* A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO. 2004-00421 BY ADOPTING EXHIBIT A PERTAINING TO THE LAND USE ELEMENT OF THE ANAHEIM GENERAL PLAN WHEREAS, the Anaheim City Council did adopt the Anaheim General Plan by Resolution No. 69R-644, as amended comprehensively by Resolution No. 2004R-95, showing the general description and extent of possible future development within the City; and WHEREAS, The City did receive a verified petition requesting an amendment to the Land Use Element of the General Plan to redesignate the property from the Low-Medium Density Residential and Low Density Residential designations to the Low Density Residential designation; WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on December 13, 2004, at 2:00 p:m., nptice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code 18.60, to hear and consider evidence for and against said General Plan Amendment and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the January 10, 2005, Planning Commission meeting; and WHEREAS, said Commission, after due consideration, inspection, investigation and study made by itself, and after due consideration of all evidence and reports offered at said hearing, DOES HEREBY FIND: 1. That the proposed amendment properly relates to established land use patterns in the vicinity and therefore, said amendment would be compatible with and further the goals of the Anaheim General Plan by continuing the Low Density Residential uses in the area. 2. That evidence presented by the petitioner substantiates that the proposed amendment to the Land Use Element of the Anaheim General Plan would further the goals of said Plan and therefore, Exhibit A should be adopted redesignating the subject property from the Low-Medium .Density Residential and Low Density Residential land use designations to the Low Density Residential land use designation. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to amend the Land Use ElemenYMap of the Anaheim General Plan redesignating the property from the Low-Medium Density Residential and Low Density Residential land use designations to the Law Density Residential land use designation; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independentjudgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, the Anaheim Planning Commission does hereby recommend to the City Council of the City of Anaheim adoption of General Plan Amendment No. 2004-00421, Exhibit A, pertaining to the Land Use Element, to redesignate the property from the Low-Medium Density Residential and Low Density Residential land use designations to the Low Density Residential designation. AND BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 7 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of, January 10, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures'' of the Anaheim Municipal Code pertaining to appeal procedures and maybe replaced by a City Council Resolution in the event of an appeal. ATTEST: CHAIRMAN, ANAHEIM PLANNING COMMISSION SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NONE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE 2005. IN WITNESS WHEREOF, I have hereunto set my hand this day of SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION [DRAFT] RESOLUTION NO. PC2005--" A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION - - -- THAT PETITION FOR RECLASSIFICATION NO. 2004-00137 BE GRANTED WHEREAS, the Anaheim Planning Commission did receive a verified petition for Reclassification for real property situated in the City of Anaheim, County of Orange, State of California; described as follows: PARCEL 1: LOT 22 IN BLOCK D OF TRACT NO. 365, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 15, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 2: THAT PORTION OF VINEYARD LOT G-5, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF VINEYARD LOT G-5, AS PER MAP RECORDED IN BOOK 4, PAGES 629 AND 630 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT G-5, 205.5 FEET; THENCE SOUTHERLY PARALLEL WITH THE WESTERLY LINE OF SAID .LOT G-5, 212 FEET TO A POINT IN THE NORTHWESTERLY LINE OF TRACT NO. 365, AS PER MAP RECORDED IN BOOK 16, PAGE 14, MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTHWESTERLY ALONG SAID NORTHWESTERLY LINE 205.5 FEET, TO A POINT IN THE WESTERLY BOUNDARY LINE OF SAID LOT; THENCE NORTHWESTERLY ALONG THE WESTERLY LINE OF SAID LOT G-5 TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE SOUTHWESTERLY 12.6 FEET AS CONVEYED TO THE CITY OF ANAHEIM BY DEEDS RECORDED JANUARY 23, 1911 IN BOOK 1832 PAGE 286, DEEDS AND MARCH 1, 1924 IN BOOK 512 PAGE 264, DEEDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALSO EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN SANTA ANA STREET AS CONVEYED TO THE CITY OF ANAHEIM, BY DEED RECORDED NOVEMBER 9, 1937 IN BOOK 915 PAGE 148, OFFICIAL RECORDS. PARCEL 3: A PORTION OF THAT CERTAIN ALLEY LOCATED IN THE CITY OF ANAHEIM, ABANDONED PER RESOLUTION NO. 83R-440 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF VINEYARD LOT G-5 AS PER MAP RECORDED IN BOOK 4, PAGES 629 AND 63p OF DEEDS, RECORDS OF LOS ANGELES COUNTY, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY; THENCE 15° 28' 30" EAST 162:00 FEET; THENCE NORTH 74°24' 45" EAST 119.36 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 15° 28' 30" WEST 162.00 FEET; THENCE NORTH 74° 24' 45" EAST 152.00 FEET; THENCE SOUTH 74° 24' 45" WEST, 20.00 FEET TO THE POINT OF BEGINNING. PARCEL 4: LOT 1 IN BLOCK °D" OF TRACT NO. 366, HESS SUBDIVISION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 15m, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 13, 2004, at 2;00 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 hearand consider evidence for and against said proposed reclassification and to investigate and make findings and CR\PC2005-0 -1- PC2005- recommendations in connection therewith; and that said public hearing was continued to the January 10, 2005 Planning Commission meeting; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of atl evidence and reports offered at said hearing, does find and determine the following facts: 1. That the petitioner proposes reclassification of subject property from the O-L (Low Intensity Office) and RS-2 (Residential, Single-Family) zones to the RS-3 (Residential, Single-Family) zone or a less intense zone. 2. That in conjunction with this petition for reclassification, the Anaheim Planning Commission recommended to the City Council adoption of General Plan Amendment No. 2004-00421, Exhibit A, to redesignate the property from the Low-Medium Density Residential and Low Density Residential land use designations to the Low Density Residential designation; and that the proposed reclassification would be consistent with the Low Density Residential land use designation. 3. That the proposed reclassification of the property is necessary and/or desirable for the orderly and proper development of the community. 4. That the proposed reclassification of the property does properly relate to the zones and their permitted uses locally established in close proximity to subject property and to the zones and their permitted uses generally established throughout the community. 5. That the proposed reclassification of subject property requires the dedication and improvement of abutting streets and alleys in accordance with the Circulation Element of the General Plan, due to the anticipated increase in traffic which will be generated by the intensification of land use. 6. That indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to reclassify the property from the O-L (Low Intensity Office) and RS-2 (Residential, Single-Family) zones to the RS-3 (Residential, Single-Family) zone and does hereby approve the Negative Declaration upon finding that the declaration reflects the independentjudgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby approve the subject Petition for Reclass~cation to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to exclude the above-described property from the O-L (Low Intensity Office) and RS-2 (Residential, Single-Family) zones and to incorporate said described property into the RS-3 (Residential, Single- Family) zone upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of subject property in order to preserve the health and safety of the Citizens of the City of Anaheim: 1. That prior to introduction of an ordinance rezoning subject property, a preliminary title report shall be furnished to the Planning Services Division showing the legal vesting of title, a legal description and containing a map of the property. 2. That prior to placement of an ordinance rezoning subject property on an agenda for City Council consideration, Condition No. 1, above-mentioned, shall be completed. The Clty Council may approve or disapprove a zoning ordinance at its discretion. If the ordinance is disapproved, the procedure set forth in Anaheim Municipal Code Section 18.60.140 shall apply. The provisions or rights granted by this resolution shall become null and void by action of the Planning Commission unless said conditions are complied with within one (1) year from the date of this resolution, or such further time as the Planning Commission may grant. -2- PC2005- 3. That completion of these reclassification proceedings is contingent upon approval of General Plan Amendment No. 2004-00421 by the City Council. _. 4. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject property; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole discretion. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 7 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 10, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 1, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 2005. IN W ITNESS W HEREOF, I have hereunto set my hand this day of SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION 3- PC2005- [DRAFT] RESOLUTION NO. PC2005--°°° A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 2004-04633 BE GRANTED, IN PART WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Variance for certain real property situated in the City of Anaheim, County of Orange, State of California described as: PARCEL 1: LOT 22 IN BLOCK D OF TRACT NO. 365, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 15, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 2: THAT PORTION OF VINEYARD LOT G-5, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF VINEYARD LOT G-5, AS PER MAP RECORDED IN BOOK 4, PAGES 629 AND 630 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT G-5, 205.5 FEET; THENCE SOUTHERLY PARALLEL WITH THE WESTERLY LINE OF SAID LOT G-5, 212 FEET TO A POINT IN THE NORTHWESTERLY LINE OF TRACT NO. 365, AS PER MAP RECORDED IN BOOK 16, PAGE 14, MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTHWESTERLY ALONG SAID NORTHWESTERLY LINE 205.5 FEET, TO A POINT IN THE WESTERLY BOUNDARY LINE OF SAID LOT; THENCE NORTHWESTERLY ALONG THE WESTERLY LINE OF SAID LOT G-5 TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE SOUTHWESTERLY 12.6 FEET AS CONVEYED TO THE CITY OF ANAHEIM BY DEEDS RECORDED JANUARY 23, 1911 IN BOOK 1832 PAGE 286, DEEDS AND MARCH 1, 1924 IN BOOK 512 PAGE 264, DEEDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALSO EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN SANTA ANA STREET AS CONVEYED TO THE CITY OF ANAHEIM, BY DEED RECORDED NOVEMBER 9, 1937 IN BOOK 915 PAGE 148, OFFICIAL RECORDS. PARCEL 3: A PORTION OF THAT CERTAIN ALLEY LOCATEp IN THE CITY OF ANAHEIM, ABANDONED PER RESOLUTION NO. 63R-440 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF VINEYARD LOT G-5 AS PER MAP RECORDED IN BOOK 4, PAGES 629 AND 630 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY; THENCE 15° 28' 30" EAST 162.00 FEET; THENCE NORTH 74°24' 45" EAST 119.36 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 15° 28' 30" WEST 162.00 FEET; THENCE NORTH 74° 24' 45" EAST 152.00 FEET; THENCE SOUTH 74° 24' 45" WEST, 20.00 FEET TO THE POINT OF BEGINNING. PARCEL 4: LOT 1 IN BLOCK "D" OF TRACT NO. 366, HESS SUBDIVISION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 15m, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the Ciry of Anaheim on December 13, 2004, at 1:30 p.m., notice of said public hearing having been duly given as CR\PC2004-0 -1- PC2004- required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 (Procedures), to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the petitioner proposes to construct seven (7) single-family residences with waivers of the following: (a) SECTION NO. 18.04:060.020 - Minimum lot depth adjacent to an arterial hiohwav (Lot Nos. 1-41 120 feet required; 84 feet proposed) (b) SECTION NO. 18.04.100 - Minimum front vard setback (Lot No. 61 15 feet required; 6 feet proposed) (c) SECTION NO. 18.04.100 (d) SECTION NO. 18.04.110 - Minimum rear vard setback (Lot No. 4) (DELETED) - Minimum number of oarkino spaces Lot No. 6 (DELETED) 2. That the above-mentioned waivers. (a) and (b) are hereby approved based on the special circumstances applicable to these properties such as size and location, which do not apply to other identically zoned property in the same vicinity; and that strict application of the Zoning Code deprives the property of privileges enjoyed by other properties in the identical zone and classification in the vicinity. 3. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to the property or class of use in the same vicinity and zone. 4. That the requested variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the property in question, since the adjacent neighborhood is developed without the required lot depth. 5. That the requested variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. 6. That the above-mentioned waivers (c) and (d)are hereby denied on the basis that they have been deleted subsequent to advertisement. 7. That °"' indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal for waivers of: (a) minimum lot depth adjacent to an arterial highway, (b) minimum front yard setback, (c) minimum rear yard setback, and (d) minimum number of parking spaces to construct seven (7)single-family residences; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further 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. -2- PC2004- NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does - -- hereby grant subject Petition for Variance No. 2004-04633, upon the following conditions which are hereby fpund to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That gates shall not be installed acrpss any driveway or private street in a manner which may adversely affect vehicular traffic in the adjacent public street or alley. Installation of any gates shall conform to Engineering Standard Plan No. 475. Said requirements shall be subject to the review and approval of the City Traffic and Transportation Manager. Said information shall be specifically shown on plans submitted for building permits. 2. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said Department. Said information shall be specifically shown on the plans submitted for building permits for Planning Department and Public Works Department, Streets and Sanitation Division approval. 3. That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approval. 4. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 476 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits. 5. That roll-up garage doors shall be shown on plans submitted for building permits. Said doors shall be installed and maintained as shown on submitted plans. 6. That final detailed landscape and irrigation plans for the proposed development shall be submitted to the Development Services Division for review and approval. Said landscape plans shall show minimum 24-inch box sized trees, shrubs, groundcover and vines to be planted in layers in common areas, and minimum 24-inch box sized trees in the front yard of each property. All trees shall be properly, professionally, and permanently maintained to ensure mature, healthy growth. 7. That Variance No. 2004-04633 is hereby granted subject to the approval and recordation of Tentative Tract Map No. 16794, now pending. 8. That prior to application for water meters, fire line or submitting the water improvement plans for approval, the developer/owner shall submit to the Public Utilities Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall occur in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations. 9. That all existing water services and fire lines shall conform to curcent Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The ownerldeveloper shall be responsible for the costs to upgrade or to abandon any water service or fire line. 10. That prior to rendering water service, the developer/owner shall submit a set of improvement plans for Public Utility Water Engineering review and approval in determining the conditions necessary for providing water service to the project. 11. That water improvement plans shall be submitted to the Water Engineering Division for approval and a performance bond in the amount approved by the City Engineer and from the City Attorney shall be posted with the City of Anaheim. -3- PC2004- 12. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement for a domestic above-ground water meter in addition to providing a 5-foot wide clearance around the water meter pad and a 10-foot wide access easement along the water line from the street to the water meter pad for maintenance. 13. That all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from the public street. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans submitted for approval by the Water Engineering Division of the Public Utilities Department. 14. That all requests for new water services or fire lines, as well as any modifications, relocations, or .abandonment of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 15. That the legal property owner shall provide the City of Anaheim with an easement for electrical service Tines to be determined as electrical design is completed. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 16. That any required relocation of City electrical facilities shall be at the property owner/developer's expense. Landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be shown on plans submitted for building permits. 17. That final detailed site, floor, fencing and elevation plans shall be submitted to the Planning Services Division and Neighborhood Preservation Office for review and approval prior to the issuance of building permits. 18. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 6, and as conditioned herein. 19. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos.1 2, 3, 4, 5, 6, 7, 6, 10, 11, 12, 13, 14, 15, 16and 17, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 20. That prior to final building and zoning inspections, Condition No18, above-mentioned, shall be complied with. 21. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 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. -4- 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 January 10, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60., "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST; SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and .adopted at a meeting of the Anaheim Planning Commission held on , 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NONE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN W ITNESS W HEREOF, I have hereunto set my hand this day of 2005. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -5- PC2004- D RAFT] i ty n n a l~i e it C o f n -°ii¢~'9~~~"~. ~~ y~~ yy ggg y5 ~y~p y {~~' ~3' ~~ tq-..~ gT~op Tp~~p Y ~62~~~~~ ILm tL@~L'O~dVYIL'~~ W Kk ue ~f ~ ~+ j~ w ', ~ January 10, 2005 ~~~'~ Y~.x~f w ~~ i t p ~~~~'``-''~,-U'~~ ! California Shinnyo-En 2220 Summit Drive Burlingame, CA 94010 i Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of i I January 10, 2005. ! 5a. CEQA Negative Declaration j 5b. General Plan Amendment No. 2004-00421 5c. Reclassification No. 2004-00137 5d. Variance No. 2004-04633 5e. Tentative Tract Map No. 16794 Owner: California Shinnyo-En, 2220 Summit Drive, Burlingame, CA 94010 Agent: Yadvinder S. Virk, Castle Development, LLC, 9017 Harvard Avenue, Buena Park, CA 90620 I Location: 502 South Harbor Boulevard. Property is approximately 1.2 acres, located at the southeast corner of Harbor Boulevard and Santa Ana Street. General Plan Amendment No. 2004-00421 - Request to amend the Land Use Element Map of the Anaheim General Plan redesignating the property from the Low Density Residential and the Low-Medium Density Residential designation to the Low Density Residential designation. Reclassification No. 2004-00137 -Request reclassification of the property from the: O-L (Low Intensity Office) and RS-2 (Residential, Single-Family) zones to the RS-3 (Residential, Single- : Family) or less intense zone. Variance No. 2004-04633 -Request waivers of: (a) minimum lot depth adjacent to an arterial highway, (b) minimum front yard setback, (c) minimum rear yard setback, and (d) minimum number of parking spaces to construct seven (7) single-family residences. Tentative Tract Map Plo. 16794 -Request to establish a 7-lot, 7-unit detached single-family subdivision Continued from the December 13, 2004, Planning Commission Meeting. ACTION: Commissioner offered a motion, seconded by Commissioner and MOTION CARRIED (Commissioner absent) that the Anaheim Planning Commission does hereby approve Tentative Tract Map No. 18794 (to establish a 7-lot, 7-unit detached single-family residential subdivision) :including the following conditions attached to the staff report dated January 10, 2005. 1. That the final map shall be submitted to and approved by the City of Anaheim .and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder (Subdivision Map Act, Section 66499.40). 2. That a maintenance covenant, shall be submitted to the Public Works Department, Subdivision Section and approved by the City Attorney's office. The covenant shall include provisions for maintenance of private facilities, including compliance with Zoe®61fiR14gSheY4Si ~~fe~aliry Management Plan, and a maintenance exhibit. The covenant P.cslnakl3arzrecorded concurrently with the final map. Anaheim, California 92603 ,..... _?euurtrmt i TEL (71417fi5-5139 [DRAFT] 3. That the legal property owner shall execute a Subdivision Agreement, in a form approved by the City Attorney, to complete the required public improvements at the.legal property owner's expense. Said agreement shall be submitted to the Public Works Department, Subdivision Section and approved by the Ciry Attorney and City Engineer ahd then recorded concurrently with the final map. 4. That all units shall be assigned street addresses by the Building Division. Street names for any new public or private street (if requested by the developer or required by the City) shall be submitted to and approved by the Building Division. 5. That the streets, sanitary sewer and storm drain within the development shall be privately maintained. Improvement plans for the private street, sanitary sewer, and private drainage system shall be submitted to the Public Works Department, Development Services Division concurrently with the final map. 6. That the sewer connection fee shall be paid. 7. That the legal property owner shall submit an application to abandon the existing alley adjacent to Harbor Boulevard and dedicate a portion of the portion of land proposed for the new alley adjacent to Santa Ana Street. The application shall be submitted to the Public Works Department, Real Property Section and shall be considered by the City Council at a public hearing. 8. That prior to the issuance of a grading permit, the applicant shall submit to the Public Works Department Development Services Division for review and approval a Water Quality Management Plan that: a 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. e Incorporates the applicable Routine Source Control BMPS as defined in the Drainage Area Management Plan. 9. That approval of this parcel map is granted suhject to the approval of General Plan Amendment No. 2004-00421, Variance No. 2004-04633 and Reclassification No. 2004- 00137, now pending. 10. That prior to final parcel map approval, Condition Nos. 2, 3,4, 5, 6, 7, 8, 9 and 10 above- mentioned, shall be complied with. 11. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. Sincerely, Eleanor Morris, Senior Secretary Anaheim Planning Commission Cc: Yadvinder S. Virk, Castle Dev., LLC, 9017 Harvard Ave., Buena Park., CA 90620 CR D'M.doc anuany u!lsnl laail5 ialIIW p~enalnog ~ iawae~H yenalnog a6apo0 ale1S laaAS lse3 PnlB w!ayeuy /'15 uowa~ p~enalnoS loq~eH laaAS P!Wn3 O ~ b N v 0 0 v o a O m N ~ ~ c m o m m U m J m .T. lL C C m U a > m d c m C7 laa-0S lsmyyoag 1aaAS uayl!~ anuany el!ou6eyy anuany ales p~ena!noS yoeaS anuany walsann 7aaAS gouH t rn~ ~~ cj ~~ a~ om Ac ~~ E~ a c cc ~~ c c a c N c s c c c v O¢ .~¢ V¢ ~¢ O¢ mm Ua ATTACFIIIENT -ITEM ND. 5 EXISTING ACRES LOW-MEDIUM DENSITY RESIDENTIAL 33 M RES p6N~~~ ~~$\~ z M RES DE~-(~P~ a ~ ~ t^ ~k w `o v m -~. w ~ ~ f r .O p ~ N~ N m m ~ r~ 2 ~N ir~ General Plan Amendment No. 2004-00421 Existing Figure 2 ArO~ ~ N~ ~ . aZ~ ~ ~/ i ~~ 1611 Exhibit A LOW DENSITY RESIDENTIAL Z 1NSSITV'f ~~~~` O ~~,0'`' r ~1 G O ~ ` C,1 \ ~ ~EDW\~ EN'(1PL RES1D ~ PNP AfO~ N~ y2 ~ <~ m 0 v m -, fli a s~ a ATTACHMENT -ITEM N0. 5 ACRES 33 _ ~ p~` NS1'C`l m ~ Res ~EN'C1A~ N \ ,~~~ LOW DEPISITY RESIDETITIAL NS ~.~M~S pE ~1A1- DE ~O~ N~ ~m°+_ z Z1 N i r~ General Plan Amendment No. 2004-00421 ~~ m ~2 a Aroi t N~ ~ - Za/ s ~ ~/ ~~ ~~~ Exhibit A Figure 3 1611 ATTACHMENT -ITEM N0. 5 MEMORANDUM CITY OF ANAHEIM DATE: December 3, 2004 TO: Elaine Yambao Planning FROM: Phyllis Mueller Neighborhood Preservation SUBJECT: Plan Review for 502 S. Harbor A developer has purchased the vacant property located at the southeast comer of S. Hazbor Blvd. and Santa Ana St, and is proposing to build seven new single-family homes there. Since the property is located in the Anaheim Colony Historc District, Planning requested partnership with Neighborhood Preservation in reviewing the plans such that the new construction is compatible with the neighborhood and the Historic District. Tom Kupfrian, Neighborhood Development Coordinator, and I have met numerous times with the developer, Bobby Sidana, to review the plans. Our consulting preservation architect, Jim Wilson, also reviewed these plans. As conditions for approving the project, Neighborhood Preservation is recommending the following: 1. Generally, the designs aze all very similaz in style. We recommend variations by changing materials, rooflines, etc. 2. The designs appeaz to be trying to follow the "Craftsman" style. However, the proportions of the columns, windows, window area to the non-window azea, transom windows, etc. aze not consistent with the style. 3. There is a mix of hip and gable roofs in some of the plans that appear incongruous. 4. Lot 5 house has an odd plaster surround at the second floor windows. We recommend deleting. 5. Recommend that all windows be sing/double hung on all elevations -eliminate sliding windows for consistency. 6. The material boazd indicates a "false" stone. We recommend actual stone. 7. We recommend the "round" vent in lot 3-gable end be changed to better complement the style. 8. Recommend that the horizontal wood siding above shingles in many of the gable ends should be decreased (vertically) or eliminated. 9. The proportion of the living room window in most plans is odd. F:1U061FIOU9PlGUfEMOS~PMM~CO~Amasler memc000 10. We recommend that full colored exterior elevations be submitted, with all materials called out. Neighborhood Preservation would recommend continued review of the plans for the new homes as they evolve. We plan to attend the December 13, 2004 meeting of the Planning Commission if the request for variances is scheduled for that date. If you have questions, you may reach me at extension 4351. C: Brad Hobson F:~UOC91Ii0U9QiGNTEMOSFMMICOIAmrter memaUUC ATTACHMENT -ITEM M0. 5 SECTION 4 APPLICANT'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) .REQUEST FOR WAIVER OF CODE SECTION iPERTAINING TO: 0~~.~10~. ~~ Sections 18.74.060 of the Anaheim Municipal Code requires that before any variance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: 1. That there aze special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special 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 property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. 1. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? ~ Yes _ No. is "Yes," describe the G3-.c CS ~ r~T'r ~ cM'~~ ?~-rv7 l~Ti ~ r "T~,fic.7 M fi~P~ o Are t especial circumstances that apply to the property different from other properties in the vicinity which are in the same zone as your property? ~ Yes _ No / I your answer is ` s," describe how the property is different: L 0 7 ~-4>`(f,T ~~ ~Z.c, (= y ,~ Cris ®rvl ~"iL~Y Si~rtE "TH-F RoP~ry /^r' ~~7r~' kCk's ®sv'To nr ~,¢q-nrtzc_ Ro vt- _ __ 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. f1N The sole purpo fan variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved w ' 1 have eff t of granting a special privilege not shazed by other property in the same vicinity and zone which is th authorized by zone regulations governing subject property. Use variances aze not permitted. -aS oGJ Signature of Property Owner or Authorized Agent Date CONDITIONAL USE PERMITNARIANCE 1Vtl' N®• 2G04 ° 0 ~ b 3 3 Were the special circumstances created by causes beyond the control of the property owner (ot previous property owners)? ~ Yes _ No ATTACHPIENT -ITEM N0. 5 REQUEST FOR WA PERTAINING TO: SECTION 4 Sections 18..74.060 of the Anaheim Municipal Code requires that before any variance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: That there aze special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special 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 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. answer is~`YL ens " desc Sl 'I~i ~a Tff~ A ~c~ A S I FF~ i~TI' T ~-- ~ ~'ca°i' ~ `J 2 S ~ r ~_ ~+-Tli s~ ~ L.o T 6 TId,S ~v'S ~- PRaK'Ti I.CS c "r p~ ~eQ TH-i-s ~-~ T. 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 If your answer is "yes," describe how~i a property is different: ~-®~ I'~T 4. 9'hf fi?~Ri3rDru2 ~M~~c.KJ ~~~ M4N'_` 4, circumstances created by causes beyond the control of the property owner (or previous property s _ No _ The sole p o any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approv which w Id have the effect of granting a special privilege not shared by other property in the same vicinity and zone w ' is n e is e~ pressly au rued by zone regulations governing sub'ect property. Use variances are not permitted. /~Fi/ 6L Signature of Property Owner or Authorized Agent Da e CONDTTIONAL USE PERMITNARIANCE NO. APPLICANT'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? Yes No 111;01 NU, b X3-51 (4) \ \ ..__.-.° .. RCL 72.73-47, \ / -73-47 RCL 72 73 51 (4) \\\\ \~ 74 75 14 \1 U / RH-2 CL 72-7- 7 "~ 74-75-13 I I ~ y.q \ w RCL 72-73-51 (29) .. .,__ l RCL 72-73-51 (22) 1-+-L__RCL 72-73-47 Z ~ RCL 72-73-47 ) -+ ( .~P~EpS~ ~'-'7 \\ \\ ` / 7 DU EACH /Z) 1 DU / ' \\ \ \~ RH-2 % C I ~ \ RCL 72-73-51 ' RH-2 VAR 4279 ~ O \RCL 72-73-47 \ RCL 72-73-51 (5) \ /y ~__ / I RH-2 \ \ RCDU EACH? / ~~~N3 CIRCLE _~ / AD p0009 \\ \` \ RH_2~\ p0\ ~ __~~~\\ ~\ i 3- A \ \ ~C7.G~~O'~3 \ \ RCL R2-73-51 \ \ R \ \ RCL 72-73-47 ~ RH-2 \ 1 DU EACH gp g7_7 '73-5 1 RCL 72-73-57 (6) ~\\ \ RCL 70.71-33 73-0P RCL 72-73-47 \ l \ RH-2 \ \ ~- VAR 4017 t \ 1 DU EACH RCL 72-73-51 (25) \ \ / OPEN SPACE 1 ~ RCL 72-73-47 \\ \ ( 1 DU EACH \ \ \ J/ MOHLER DRIVE ~ 1D9' t~-153' _ RH-2 ~~ ~ RCL 72-73-51 (37) . ~.``'t ' RH-2 ~~~~ RCL 72.73117 RH 2 . \ RCL 72-73-51 (36) 1 DU ` , 1 6U RCL 72-73-51 (39) - /'~F2CL 72-73-47 '~ ~~ RCL 72-73-47 n\ ~ VAR 3628 \2\ ~ (/ VACANT ~~~_ VACANT \ f\ qG ~N I I RH-2 1y1 ~ I ~ RH-2 RCL 72-73-fit (36j ) ( N~ ( ~ /RCL 72-73-07 R VAR 3626 7 VACAM ~ / iDU EACH ` SPT 2004-00007 / j \ \~'f' / VACANT ' RCL 72-73-51 +~ \ C<` RH-2 1 ~ RCL 72-73-47 O N p \\\\~' 1 DU EACH VAR 2004-04600 m ~? \ \~O SPT 2004-00001 v inN \ •-q RH-2 VACANT iN \\ \~ ___ __ RH-2 RCL 72-73-51 (36) '~' \~~~,__ ~~ 1 DU RCL 72-73-47 RH-2 ---"~~~\ ~ VACANT 72-73-51 (33) RH- ~~~ _ L 72-73-47 VAR 2003?04590 `~~~ JU EACH 3P VAC 4-00003 ~\\ ANT ~\\ RH-2 / \ VAR 2001- ADJ 0059 \ 04473 RH-2 RH-2 ~ ~ RCL 72-73-51 \ RCL 72-73-51 j ~~ RH-2 RCL 72-73-47 ~``=~~~ .. arv >~ >a e> VPR ddp7 VACANT -- __; ALL PROPERTIES ARE IN THE (SC) (SCENIC CORRIDOR OVERLAY) ZONE Specimen Tree Removal Permit No. 2004-00007 Subject Property Date: January 10, 2005 Scale: 1" = 200' Requested By: JORGE PORTA Q.S. No. 202 REQUEST TO REMOVE ONE (1) SPECIMEN PEPPER TREE. 345 Penny Lane 163z ITEM N0. 6 6a. CEQA NEGATIVE'DECLARF 6b. ;SPECIMEN TREEREMOVAI i SITE LOCATION AND DESC (1) This irregularly-shape a frontage: of 100 fee is located 153 feet w REQUEST: (2) The petitioner reque specimen pepper tre r BACKGROUND: I (3) This property is currE Family Hillside; Scen Element Map design (4) There are'no prior zc Rta ENVIRONMENTAL IMPACT'ANALYSISi (6) 'Staff has reviewed .the proposal and the ihitial Study (a copy bf which is'avai review in the Planning Department) and finds no significant environmental in wherefore, recommends that aNegative Declaration be approved upon a'firi2 Planning;Commission that the Negative Declaration'reflects the indepentlen ahe lead agency; and that it has considered the proposed Negative Declarat `with any comments received during the public review processand further fin 'basis of the Initial Study and any comments received that there is no sutistai r;that the project will have a significant effect on the environment. sr8842jn Staff Re Pla~nin January Item' No u ee~. NUMB Diameter of Tree Destroyed (oft above ground level) NumbeP of Replacement Trees 'Required For Each!Tree Destroyed Under 12 inches 2 12`to 20 inches 3 Over 20 inches 4 + City of :~nahein~ ~f~ ~~j~` _° ~ ~ i January 10, 2005 -- ~~ ~- ~.° -«~'f"~ ~ Jor e Porto ~~ ~`~" ~ 119 Wimbledon Court Dana Point, CA 92629 Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of January 10, 2005. ~ 6a CEQA Negative Declaration fib. Specimen Tree Removal Permit No. 2004-00007 I Owner: Jorge Porto, 19 Wimbledon Court, Dana Point, CA 92629 Location: 345 Pennv Lane. Property is approximately 0.46-acre, having a frontage of 100 feet on the south side of Mohler Drive, located 153 feet west of the centerline of Owens Drive. ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and ~ MOTION CARRIED (one vacant seat), that the Anaheim Planning Commission has reviewed the proposal to remove one (1) specimen pepper tree and does hereby approve the Negative ~ Declaration based 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. The Planning Commission further finds that reasonable and practical development of the property on which the tree is located requires removal of the tree to create a buildable pad to accommodate a proposed residence and that the specimen tree being removed shall be replaced with the planting on the same parcel of a minimum of four (4) trees from the specified list in the Scenic Corridor Overlay zone and subject to the following conditions pf approval: 1. That the subject property shall be developed substantially in accordance with plans and i specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1 except that a total of four (4) minimum ~ 24-inch box sized replacement trees of specimen varieties shall be planted and permanently maintained in a healthy condition on the property. A plan showing those replacement trees ~ shall be submitted to the Planning Services Division for review and approval. i ' 2. That the tree approved for removal shall remain until a grading permit is issued for the construction of the single-family two-story residence. 3. That prior to the issuance of the final occupancy permit for the single-family residence, Condition No. 1above-mentioned, shall be complied with. 4. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable 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. I 290 South Anaheim Boulevard P.B. Box 3222 Anaheim, California 92803 ~nv:rz~eheim.nat TEL (714) 765-5139 Sincerely, Eleanor Morris, Senior Secretary Anaheim City Planning Commission Str2004-00007.doc ITEM iVO. 7 RCL 66-67-14 60-61-113 I RC~4~9~.23 RCL 2004-00129 -- -. ---- RCL 99.00.15 (Res. of Inl. to SE) I RCL 55-56-19 RCL 99-00-15 RCL 54-55-02 Res. of Inf. tc SE). I RCL SS56-19 RCL 99-00-15 RCL 54-55-02 (Res. of Inl. to SE) , RCL 66-67-14 RCL SS56-19 RCL 545542 I RCL 99-00-15 (Res. of Inl. to SE) WRIGHT CIRCLE 6L RCL 55-56-19 TPM N0.97-155 I RCL 54-55-42 I RCL 99-00-15 RCL 2004-00129 RCL 99-00.15 ~ (Res. cf Inl. to SE) RCL 99-00-15 Res. of Int, to SE - ( ) RCL 6fi 67 14 RCL 90-91-17 RCL fib-67-14 tRBS. of Int. to SE) - - RCL 5556-19 ¢ 60-61-113 RCL 66-67-14 RCL 54-5542 ~ RCL 56-57-93 RCL 54-55-42 ? T-CUP 2004-04939 CUP 3957 TO 0E RCL 55-56-19 I CUP 2004-04906 J CUP 3406 SUI E5 VAR 3775 RCL 99-00 15 CUP 1427 CUP 690 SMALL IND. (Res. of Inl to SE) DAG 200400002 .. O ~ _ VAR 2765 -----_--- FIRMS RCL 55.5619 . _ `~'> m RCL 54-55-02 ~ ` _- __________ RCL 99-0015 CU CUP 2 62 0fi W 6 - o (Res. of Int. to SE) m ' RCL 66-6714 CUP 1427 ut W eANK RCL SS56-19 0.L Pi RCL 545542 DAG 200400002 T CUP 2004-04939 J I RCL 99)0 O 6 0-15 , - ' ~ (--) L (Res. of lnl. to SE) . ~ .. . ~. .;` RCL so-st-n RCL fib-67 14 I T-CUP 2004-04939 W RCL bb-67-t4 RDL 56-SR93 RCL 55-56 19 RCL 99-OD-15 CUP 200404906 I- T-CUP 2999-04269 0.L RCL 545542 - r ~:IRes. of Inl. to SE) CUP 2062 Q DUP 4141 CARL'S CUP 1427 RCL 66-6744 CUP 1427 =' ~ ~ cuP x957 REST BANK RCL SSSfi 19 DAG 200400002 ~ CUP 34ob curs9b RCL 545542 RESTAURANT TPM N0.9]-755 DENNY'6 REST. (DUP 3356 T) 455' KATELLA AVENUE RCL 991-00 15 I I I RCL9e-9ats a z - Re$. Of IOt. l0 SE ( ) I I ) RCL 9&00-15 cuv ea (Res. af1nL l0 9E) MmoxRLOS cuP R6Q RCL 66-67-14 RCL 87-88-14 ( (Res. of lnt. to SE) cuv ssee RCL 5as7.93 cuvvze vnn saoa (Res ofintenl to CO) I I RCL 66-67-14 RCL 56-57-93 CUP 3b3fi vn6lets ~4unF iWe GUP 1379 RCL 66.67-14 I I CUP 1652 sss 1 RCL 56-57-93 I I CUP 4475 1 cur zzzs CUP 2002-04544 I I I VAR 2616 Ra 99-ao-ts CUP 1]45 nL CUP 1319 OFF. BLDG. (Ra s. CUP 2946 I I MOTEL b SE' C 4475 M CUP 2134 O L or. Fwi_~4 CUP 1879 ALL PR O P ERTIES ARE IN THE PLATINUM TRIANGLE OVERLAY ZONE ~~ Conditional Use Permit No. 2004-04906 Subject Property TRACKING NO. CUP2004-04939 Date: January 10, 2005 Scale: 1" = 200' Requested By: CREA/NEXUS ANAHEIM CORNERS, LLC Q.S. No. 107 REQUEST TO AMEND A CONDITION OF APPROVAL PERTAINING TO LOCATION OF ABOVE-GROUND UTILITY EQUIPMENT FOR APREVIOUSLY-APPROVED MIXED-USE PROJECT (STADIUM LOFTS -ANAHEIM). 1801 East Katella Avenue -Stadium Lofts Anaheim 1637 7a. '> CEQA 7b. ' CONC (fRAC SITE (~) REQO (2) BACK (3) (4) stami (7) The ~ apple Conrr transi sr8822cf.doc Page 1 Staff Report to the Planning Commiss [DRAFT] RESOLUTION NO. PC2005- A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION AMENDING THE CONDITIONS OF APPROVAL OF RESOLUTION NO. 2004-232 ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 2004-04906 {1801 EAST KATELLA AVENUE) WHEREAS, Conditional Use Permit No. 2004-04906 to modify required setbacks and to permit sales of alcoholic beverages for on-premises consumption in a proposed 7,839 square foot restaurant within the Stadium Lofts -Anaheim (a proposed high-density urban mixed-use center with 390 apartment dwelling units located above 2,820 square feet of retail use, 7,839 square feet of restaurant use, and 6,297 square feet of clubhouse and leasing office surrounding a 5-level parking structure) with waivers of minimum dimension and area of patios/balconies and required building treatment adjacent to streets was considered by the City Council on November 16, 2004; and WHEREAS, on November 16, 2004, the Anaheim City Council did approve this conditional use permit by adopting Resolution No. 2004-232, said resolution included the following condition of approval: "53. That all above-ground utility devices shall be located on private property and outside any required setback area. Said information shall be shown on plans submitted for the first building permits."; and WHEREAS, this property is currently vacant land; that the property is zoned I (Industrial), and is designated for Mixed-Use land uses on the Anaheim General Plan Land Use Element Map; that the property is in the Katella District of the Platinum Triangle Master Land Use Plan (PTMLUP); that the property is located within the Platinum Triangle Mixed Use (PTMU) Overlay zone; 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 modify condition of approval no. 53 pertaining to the location of above-ground utility equipment for a previously-approved mixed-use project (Stadium Lofts-Anaheim); and WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 10, 2005, at 2:00 p.m., notice of said public hearing having been duly given as required bylaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, 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 conditions of approval under authority of Section 18.60.190 of the Anaheim Municipal Code to modify a condition of approval pertaining to the location of above-ground utility equipment in conjunction with a previously approved mixed-use project. 2. That the use is properly one for which a conditional use permit is authorized by this Code. 3. That the proposed amendment to conditions of approval will not adversely affect the adjoining land uses or the growth and development of the area in which it is located. 4. That the granting of this amendment to the conditional use permit under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim. 5. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CUP2005-0 -1- PC2005- CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to amend a condition of approval of Resolution No. 2004-232 pertaining to the location of an electrical transformer in conjunction with the previous approval df Conditional Use Permit No. 2004-0906 to modify required setbacks and to permit sales of alcoholic beverages for on- premises consumption in a proposed 7,839 square foot restaurant within the Stadium Lofts -Anaheim (a proposed high-density urban mixed-use center with 390 apartment dwelling units located above 2,820 square feet of retail use, 7,839 square feet of restaurant use, and 6,297 square feet of clubhouse and leasing office surrounding a 5-level parking structure) with waivers of minimum dimension and area of patioslbalconies and required building treatment adjacent to streets, and pursuant to the provisions of the California Environmental Quality Act ("CEQA"), by motion, does hereby find that the Mitigated Negative Declaration previously-approved in connection with Conditional Use Permit No. 2004-04906 is adequate to serve as the required environmental documentation in connection with this request. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject request to modify conditions of approval for Conditional Use Permit No. 2004-04906 and does hereby amend conditions of approval contained in Resolution No. 2004-232 to include the following conditions of approval with the modifications shown in bold text: 1. That this Conditional Use Permit is granted subject to adoption of Development Agreement No. 2004- 00002, now pending. 2. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement for a domestic above-ground water meter in addition to providing a 5-foot wide clearance around the water meter pad and a 10-foot wide access easement along the water line from the street to the water meter pad for maintenance. 3. That a private water system with separate water service for fire protection and domestic water shall be provided. 4. That all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets and alleys. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback area in a manner fully screened from all putilic streets and alleys. Said information shall be specifically shown on plans submitted for approval by the Water Engineering Division of the Public Utilities Department. 5. That all existing water services shall conform to current Water Utility Standards. Any existing water services that are not approved by the Utility for continued use shall be upgraded to current standards, or abandoned by the property owner/developer. If the existing services are no longer needed, they shall be abandoned by the property owner/developer. 6. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonments of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Public Utilities Department. 7. That prior to submitting the water improvement plans, the property owner/developer shall submit a water system master plan, including a hydraulic distribution network analysis, to the Water Engineering Division of the Public Utilities Department for review and approval. The master plan shall demonstrate the adequacy of the proposed on-site water system to meet the project's water demands and fire protection requirements. 8. That prior to application for water meters, fire lines or submitting the water improvement plans for approval, the property owner/developer shall submit to the Water Engineering Division of the Public Utilities Department, an eskimate of the maximum fire flow rate and maximum day and peak hour water -2- PC2005- demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to . serve the project shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. 9. That individual water service and/or fire line connections shall be required for each parcel and/or residential and commercial unit per Rule 18 of the Ciry of Anaheim's Water Rates, Rules and Regulations. 10. That because this project has a landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed in compliance with City Ordinance No. 5349 and Chapter 10.19 of the Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. 11. That signs shall be posted indicating no on-street parking shall be allowed on the adjacent streets except where designated turn-out areas are provided for loading and unloading. Such signs shall be shown on plans submitted for the review and approval of the City Traffic and Transportation Manager. 12. That trash storage areas and trash chutes shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with exhibits approved in conjunction with this Conditional Use Permit, on file with the Planning Department. Said information shall be specifically shown on plans submitted for building permits. 13. That the legal property owner shall provide the City of Anaheim with an easement for electrical service lines to be determined as electrical design is completed. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 14. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 476 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits. 15. That the proposed development shall operate in accordance with the written solid waste management plan signed on October 16, 2004, by the project applicant, Windstar Communities, Inc. Modifications to. the solid waste management plan shall only occur if mutually agreed upon by both the property owner and the City of Anaheim Director of Public Works. 18. That any required relocation of Ciry electrical facilities shall be at the property owner/developer's expense. Landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be shown on plans submitted for building permits. 17. That closed circuit television (CCTV) security cameras shall be installed to monitor the parking structure and the mailroom on the second level of the parking structure to the satisfaction of the Anaheim Police Department. CCTV cameras shall be strategically located throughout the parking structure, covering all areas, especially all pedestrian and vehicular access points. Said information shall be specifically shown on plans submitted for building permits. 18. That an address monument and/or complex map shall be positioned to be readable from the main vehicular or pedestrian access points without causing vehicular stacking and shall be illuminated during hours of darkness. Said information shall be specifically shown on plans submitted for building permits. 19. That each individual building and unit shall be clearly marked with its appropriate building number and address. These numbers shall be positioned so they are easily viewed from vehicular and pedestrian pathways throughout the complex. Main building numbers shall be a minimum of 12 inches in height. Main building numbers and address numbers shall be illuminated during hours of darkness. Said information shall be specifically shown on plans submitted for building permits. 20. That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof material. The numbers shall not be visible from view of the street or adjacent properties. Said -3- PC2005- information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. __ 21. That pedestrian and vehicular access control shall be required to prevent unwanted entry. A digital keypad entry system shall be included to facilitate quick response by emergency personnel. The system's entry code shall be provided to the Anaheim Police Department Communications Bureau and the Anaheim Fire Department. 22. That adequate lighting on all levels of the parking structure, including 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. 23. That prior to the issuance of the first building permit, the legal owner of the subject property shall irrevocably offer to dedicate to the City of Anaheim a public utility and sidewalk easement 3 feet in width immediately adjacent to the west property line for placement of street lights, stop signs, fire hydrants, etc. so as not to encroach onto the public sidewalk along the Connector street. 24. That prior to the issuance of the first building permit, a cash payment shall be made to the City of Anaheim for the future construction of one-half of the Connector street between Katella Avenue and Wright Circle to the standards required in The Platinum Triangle Master Land Use Plan. The amount of the cash payment is set forth in Exhibit "G", Connector Street Cast Estimate of Development Agreement No. DAG2004-00002. 25. That prior to the first final building and zoning inspection, the interim improvements for the Connector street between Katella Avenue and Wright Circle shall be complete and the pavement shall be repaired and resurtaced to provide a minimum pavement life of ten-years to the satisfaction of the Public Works Department. 26. That prior to issuance of the first building permit, the property owner shall provide an irrevocable offer of dedication to the City of Anaheim for the future Connector street between Katella Avenue and Wright Circle., as shown on the approved site plan. The City may defer acceptance of said offer up to the time that additional dedication and improvements are provided to meet the minimum standards for a Connector street as provided in the Platinum Triangle Master Land Use Plan. That prior to the issuance of the first building permit, the City Engineer and-City Attorney shall approve and the property owner shall record a maintenance covenant providing for the continued operation and maintenance of the street as a private street until such time as the City accepts the offer of dedication. 27. That prior to issuance of the first building permit, the legal property owner shall irrevocably offer to dedicate an easement to the City of Anaheim for road, public utilities and other public purposes 72-feet from the centerline of State College Boulevard; 72-feet from the centerline of Katella Avenue and 38-feet from the centerline of Wright Circle; and 28-feet for the Connector Street between Katella Avenue and Wright Circle, as shown on exhibits approved in conjunction with this Conditional Use Permit, on file in the Planning Department. 28. That prior to the issuance of the first building permit, the legal property owner shall submit interim improvement plans for the Connector street to the Development Services Division of the Public Works Department for review and approval. The Connector street improvements shall be developed in accordance with the approved plans prior to final building and zoning inspections. 29. That prior to the issuance of the first building permit, the legal property owner shall finalize the abandonment of the existing public utilities easement (ABA2004-000098) to the satisfaction of the Development Services Division of the Public Works Department. 30. That Street and Supplemental Lanes Intersection Improvements including street widening, sidewalk and parkway landscaping and irrigation shall be constructed along State College Boulevard (future 6 Lane -4- PC2005- Major, no bike lane, future 60-foot half width with an additional supplemental right turn Zane, resulting in a 72-foot wide half width) and Katella Avenue (8 Lane Major, 72-foot half width) in conformance with Public__, Works Standard Detail 160-A, Supplemental Lanes Detail 164-A (3 thru lanes, dual lefts, one right) and The Platinum Triangle Master Land Use Plan. The existing curb along State College Boulevard north of supplemental lane (43-feet from the street centerline) may remain during the interim condition until the future railroad grade separation is constructed. Wright Circle shall also be improved per approved plans. Parkway landscaping along all streets shall be installed and maintained by the property owner with irrigation connected to the on-site system. An improvement bond in a form acceptable to the City Attorney shall be posted prior to the issuance of the first building permit and. street improvements shall be complete prior to the first final building and zoning inspection. 31. That the legal property owner shall obtain aright-of-way construction permit at the Public Works - Engineering counter for all work within the public right-of-way. All improvements must be complete and accepted by the field Engineer prior to the first final building and zoning inspection. Any existing improvements damaged prior to or during construction at the site must be repaired prior to clearance for certificate for occupancy. 32. That prior to issuance of the first building permit, a lot line adjustment plat shall be submitted to the Subdivision Section (Development Services Division) of the Public Works Department and approved by the City Engineer and then recorded in the Office of the Orange County Recorder to combine the three existing lots such that any new building lies completely within one (1) parcel. 33. That the portions of the retaining wall adjacent to Wright Circle and State College Boulevard that will be visible from the rights-of-way upon completion of right-of-way improvements for the railroad grade separation, shall be constructed of decorative split face brick or other decorative brick as approved by the Planning Services Division of the Planning Department. Said information shall be specifically shown on plans submitted for building permits. 34. That ongoing during project operation, the property owner/developer shall ensure that the business operator of the subject restaurant shall continuously adhere to the following conditions, as required by the Police Department: a. That the establishment shall be operated as a "Bona Fide Public Eating Place" as defined by Section 23038 of the California Business and Professions Code. b. That there shall be no bar or lounge maintained on the property unless licensed by Alcoholic Beverage Control and approved by the City of Anaheim. - c. That food service with a full meal shall be available from opening time until either 10:00 p.m. or closing time, whichever occurs first, on each day of operation. d. That there shall be no pool tables maintained upon the premises at any time. e. That subject alcoholic beverage license shall not be exchanged for a public premises (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the California Business and Professions Code. f. That the sales of alcoholic beverages shall not exceed 40% of the gross sales of all retail sales during any three (3) month period. The business operator shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be made available, subject to audit and, when requested, inspection by any City of Anaheim official during reasonable business hours. g. That there shall be no live entertainment, amplified music or dancing permitted on the premises at any time without issuance of proper permits as required by the Anaheim Municipal Code. h. That sales of alcoholic beverages for consumption off the premises shall be prohibited. -5- PC2005- i. That there shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcohol beverages. ._ __ j. That the activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to on-site residents or off-site nearby residents. k. That the business operator shall comply with Section 24200.5 of the Business and Professions Code so as not to employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit- sharing plan, scheme or conspiracy. I. That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code and shall be kept closed and unlocked at all times during hours of operation except for ingresslegress, to permit deliveries and in cases of emergency. m. That the portion of this permit regarding the sales of alcohol shall expire five years from the date of approval unless a valid license has been issued by the California Department of Alcoholic Beverage Control. n. That the outdoor dining area shall be completely enclosed by decorative fencing, complementary to the design of the building or other such permanent structure as approved by the City, at least forty (40) inches in height, into which entry is only possible from the interior of the business. Emergency exits required by the Uniform Fire Code shall be maintained, but not utilized by patrons/employees other than in an emergency. Said information shall be specifically shown on plans submitted for building permits. o. That there shall be no direct pedestrian access to the outdoor dining area from outside the building. All access to this area shall be solely through the restaurant. p. No admission fee, cover charge, advance prepayment for meals, or similar fee shall be imposed upon patrons as a condition of entry to the premises. q. That the subject alcoholic beverage license shall not be exchanged for a public premise (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code. r. That at all times that entertainment or dancing is permitted, security measures shall be provided tc the satisfaction of the Anaheim Police Department to deter unlawful conduct on the part of employees or patrons, and promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbance to the neighborhood by excessive noise created by patrons entering or leaving the premises. s. That there shall be no public telephones on the premises located within the view of any right-of-way. t. That any and all security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. (Section 4.16:070 Anaheim Municipal Code) 35. That french doors acceptable to the Planning Services Division shall be provided on all patio (ground- floor) doors. Said information shall be specifically shown on plans submitted for building permits. 36. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view. Said information shall be specifically shown on the plans submitted for building permits. 37. 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. -6- PC2005- 38. That the tubular steel fence to be constructed on top of the retaining wall adjacent to State College ., Boulevard and Wright Circle, shall not exceed three (3) feet in height as measured from the top of the retaining wall. Clinging vines shall be planted on maximum 5-foot centers, irrigated and maintained., adjacent to said fence and wall. Said information shall be specifically shown on plans submitted"for building permits. 39. 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. 40. 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. 41. That the property owner/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. 42. That signage for subject facility shall be limited to that shown on the approved Conditional Use Permit exhibits submitted by the project applicant, on file in the Planning pepartment. Any additional signage shall be subject to approval by the Planning Director. 43. That gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic on the adjacent public street. Installation of any gates shall conform to the Engineering Standard Plan No. 475 and shall be subject to the review and approval of the City Traffic and Transportation Manager prior to the issuance of the first building permit. 44. 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. 402, 436, 470, 471, 472, 473 and 475 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 45. That all driveways to the project site 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. 46. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 47. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval in conformance with the Engineering Standard No. 115 pertaining to sight distance visibility for signs or wall/fence locations. Said information shall be specifically shown on plans submitted for building permits. 48. That the driveway into the project from Katella Avenue shall be limited to right-in and right-out only. 49. That the owner of subject property shall submit a letter requesting termination of Variance No. 4129 (to waive required dedication of right-of-way to construct a 1,000 square foot outdoor dining area with sales of alcoholic beverages for on-premised consumption), Conditional Use Permit No. 1427 (to establish two enclosed restaurants with cocktail lounges, in an office building and bank site waiving permitted uses, minimum lot size, permitted sign location, maximum sign area and minimum distance between signs), and Conditional Use Permit No. 2862 (to permit asemi-enclosed restaurant with sales of alcohol for on- premises consumption with waivers of maximum wall height, minimum structural setback, permitted encroachments and minimum number of parking spaces) to the Planning Services Division of the Planning Department. 50. That prior to the issuance of the first building permit, the legal property owner shall demonstrate that efforts have been made to obtain the consent of the owner of the property at 1701 East Katella Avenue to close the first existing driveway opening from the existing private alley (future Connector street) just -7- PC2005- north of Katella Avenue. If consent is obtained, the driveway shall be cbsed prior to the first final building and zoning inspection. _ __ 51. That assigned parking spaces shall be provided for each residential unit. Said information shall be specifically shown on plans submitted for building permits. 52. That visitor parking spaces shall be posted, "No Overnight Parking, Except by Permission of the Management " Said information shall be specifically shown on plans submitted for building permits. 53. That with the exception of the electrical transformer to be located within the Wright Circle right-of-way, all above-ground utility devices shall be located on private property and outside any required setback area. The location of the electrical transformer within the Wright Circle right-of-way shall be subject to the approval of the Utilities and Public Works Departments. Said information shall be specifically shown on plans submitted for building permits. 54. That an Encroachment License Agreement, signed by the :property owner, shall be submitted to the Public Works Department prior to the issuance of the first building permit. 55. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by project applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 105, and as conditioned herein. 56. That prior to issuance of the first building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 4, 7, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 22, 23, 24, 26, 27, 28, 29, 30, 32, 33, 35, 36, 37, 38, 43, 44, 45, 47, 49, 50, 51, 52, 53 and 54, above-mentioned, shall be complied with. Extensions for further time to complete said conditions maybe granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 57. That prior to final building and zoning inspections, Condition Nos. 21, 25, 30, 31, 50 and 55, above-mentioned, shall be complied with. 58. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. AND BE IT FURTHER RESOLVED that the applicant is responsible for paying aII charges related to the processing of this discretionary case application within 7 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. -8- PC2005- THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 10, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 16.60, "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, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on January 10, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN W ITNESS W HEREOF, I have hereunto set my hand this day of 2005. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -9- PC2005- ,Ol ,B WSV' rn c~ z O Q~ i ~~ ,OL ,9 ,; z_ i ~ o I I I z ~;~ j ~ ~~ U ~ a~Q I ~g C.~ rn a 0 ~ I ~I~ ,£ 0 I W (~ Z ~~ • tlkl .. \ o~i ~.. \ ~I ~ •~ ,~ od -- m~ - H o 9® PP _ ~ ® ' m c .E a 0 ,B a €u~~ Sze III~,• p O II g g ~ ~ ~ U ••- ~ fn 8~ rc ® ---------'0~ --- i ^^. ^e. o S ~ QV rca n w ~~ ~~ zPW wok' 2'~i `i jz42 a G ~ ~~~ t.~ •~ _.____ ~__, ~ '. _ .. ________, I ~ I I I I _ I I N': I I v .g' I I a,' I I m ~ I I I ~ ~'. I I I I a- I I m ,4 I I ,4 p=pRR I I I /® _______ J I ~~ 8: ", ,~` m a 1~' ~4h N ~l~ W ,,/ ~ ~i ~ 'i ~ ~~ as ~o ~~~~ ^0 to 33 b' ~~ ~.~~ 7vUiaa ~ 4y a ~~ ~~ ` "1: oo w 6' ~~ ~ T~, °~ N C~ +~~ OW ^~ LLN RN ATTACHMENT. - ITEM N0. 7 RESOLUTION NO. 2004 - 232 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2004-04906. WHEREAS, the City Planning Comtttission of the City of Anaheim did receive an application for a conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code to permit sales of alcoholic beverages for on-premises consumption in a proposed 7,839 square foot restaurant within the Stadium Lofrs -Anaheim (a proposed high-density urban mixed-use center with 390 apartment dwelling units located above 2,820 square feet of retail use, 7,839 square feet of restaurant use, and 6,297 square feet of clubhouse and leasing office surrounding a 5-level parking structure) upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described'as: PARCEL A: PARCEL 1 OF PARCEL MAP NO. 85-214, AS SHOWN ON A MAP FILED IN BOOK 208, PAGES I 1 AND 12 OF PARCEL MAPS, IN T'IlE OFFICE OF T`HE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL B: PARCEL 2 OF PARCEL MAP NO. 85-214, AS SHOWN ON A MAP FILED IN BOOK 208, PAGES 11 AND 12 OF PARCEL MAPS, IN T'HE OFFICE OF T'HE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL C: PARCEL 1 AS SHOWN ON A MAP IN BOOK 57, PAGE 1 OF PARCEL MAPS, RECORDS OF SAID ORANGE COUNTY; and WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as required bylaw and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC2004-140 granting Conditional Use Permit No. 2004-04906; and WHEREAS, thereafter, within the time prescribed bylaw, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; and WHEREAS, at the time and place Fixed for said public hearing, the Cry Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after cazeful consideration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: I. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code. 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 the proposed project is compatible with existing and surrounding land uses and that the minor deviations from the Code would still achieve a project with architecturally enhanced elevations and recreational/leisure amenities for residents in the project, and further provide a project that is compatible and consistent with the General Plan Mixed-Use land use designation and The Platinum Triangle Master Land Use Plan. 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 health and safety. 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area as the proposed project has been analyzed in a Traffic hnpact Study dated September 28, 2004, reviewed and approved by the Ciry Traffic and Transportation Manager and that the required infrastructure improvements along the adjacent streets will be constructed in connection with the project. 5. That the granting of the conditional use permit under the conditions imposed wil] not be detrimental to the health and safety of the citizens of the City of Anaheim. AND WHEREAS, the City Council does further find, after cazeful consideration of the action of the City Planning Cormrtission and all evidence and reports offered at said public hearing before the City Council regarding said requested waiver(s), that all of the conditions set forth in Section 18.03.040 of the Anaheim Municipal Code aze present and that said waiver(s) should be granted, for the following reasons: 1. That the below-mentioned waivers pertaining to (a) minimum dimension and area of patios balconies and (b) required building treatment adjacent to State College Boulevard and the Connector street are hereby granted on the basis that there are special circumstances applicable to the property such as its location and unique chazacteristics resulting from ultimate right-of-way improvements that will alter the topography and surrounding State College Boulevazd and Wright Circle street grades and unique circumstances pertaining to the intended use of the Connector street mainly for vehicular access with limited pedestrian orientation due to - 2 - surrounding land uses. Submitted plans indicate enhanced landscaping and amenities in recreationaUlesure areas in excess of Code requirements and further that all proposed - _. -- patios/balconies accommodate seating for passive outdoor relaxation. 2. That because of these special circumstances, strict application of the Zoning Code would deprive the property of privileges that will be enjoyed by other properties in the vicinity within the Platinum Triangle Mixed Use Overlay Zone as the majority of properties in The Platinum Triangle will not be affected by the proposed grade sepazation ultimate right-of-way improvements along State College Boulevard and Wright Circle. NOW, THEREFORE, BE TI' RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 2004-04906 be, and the same is hereby, granted permitting sales of alcoholic beverages for on-premises consumption in a proposed 7,839 square foot restaurant within the Stadium Lofts -Anaheim (a proposed high-density urban mixed-use center with 390 apartment dwelling units located above 2,820 squaze feet of retail use, 7,839 square feet of restaurant use, and 6,297 squaze feet of clubhouse and leasing office surrounding a 5-level parking structure) on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: (a) SECTION NOS. 18.20.110,020.0202.01 AND 18.20.110.020.0202.02 Minimum dimension and area of patios balconies. (Minimum dimension area required for patios is 8-foot and 100 and s.f., and 7-foot and 70 s.f. for balconies; minimum dimension and area proposed is 3-foot, 8-inches and 39 square foot for patios/balconies) (b) SECTION NOS. 18.20.140.110.1102.02 AND 18.20.140.1 ] 0.1103.02 subject to the following conditions: Required building treatment adjacent to streets. (18-inch above- grade residential entries adjacent to State Col]e~e Blvd. and the Connector street required; at grade entries proposed) That this Conditional Use Permit is granted subject to adoption of Development Agreement No. 2004-00002, now pending. 2. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement for a domestic above-ground water meter in addition to providing a 5-foot wide cleazance around the water meter pad and a 10-foot wide access easement along the water line from the street to the water meter pad for maintenance. - 3 - 3. That a private water system with separate water service for fire protection and domestic water shall be provided. __ 4. That all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets and alleys. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any otherlarge water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback azea in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans submitted for .approval by the Water Engineering Division of the Public Utilities Department. 5. That all existing water services shall conform to current Water Utility Standards. Any existing water services that are not approved by the Utility for continued use shall be upgraded to current standazds, or abandoned by the property owner/developer. If the existing services aze no longer needed, they shall be abandoned by the property owner/developer. 6. That all requests for new water services or fue lines, as well as any modifications, relocations, or abandonments of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Public Utilities Department. 7. That prior to submitting the water improvement plans, the property owner/developer shall submit a water system master plan, including a hydraulic distribution network analysis, to the Water Engineering Division of the Public Utilities Department for review and approval. The master plan shall demonstrate the adequacy of the proposed on-site water system to meet the project's water demands and fire protection requirements. 8. That prior to application for water meters, fue lines or submitting the water improvement plans for approval, [he property owner/developer shall submit to the Water Engineering Division of the Public Utilities Department, an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the. project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be done in .accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. 9. That individual water service and/or fire line connections shall be required for each parcel and/or residential and commercial unit per Rule 18 of the City of Anaheim's Water Rates, Rules and Regulations. 10. That because this project has a landscaping area exceeding ?,500 square feet, a separate irrigation meter shall be installed in compliance with City Ordinance No. 5349 and Chapter 10.19 of the Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. 11. That signs shall be posted indicating no on-street parking shall be allowed on the - 4 - adjacent streets except where designated tum-out areas aze provided for loading and unloading. Such signs shall be shown on plans submitted for the review and approval of the City Traffic and..:..._. Transportation Manager. L. That trash storage azeas and trash chutes shall be provided and maintained in a, location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with exhibits approved in conjunction with this Conditional Use Permit, on file with the Planning Department. Said information shall be specifically shown on plans submtted for building permits. 13. That the legal property owner shall provide the City of Anaheim with an easement for electrical service lines to be determined as electrical design is completed. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 14. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 476 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-azound area shall be specifically shown on plans submitted for building permits. 15. That the proposed development shall operate in accordance with the written solid waste management plan signed on October 16, 2004, by the project applicant, Windstar Communities, Inc. Modifications to the solid waste management plan shall only occur if mutually agreed upon by both the property owner and the City of Anaheim Director of Public Works. 16. That any required relocation of City electrical facilities shall be at the property owner/developer's expense. Landscape and/or hazdscape screening of all pad-mounted equipment shall be required and shall be shown on plans submitted for building permits. 17. That closed circuit television (CCTV) security cameras shall be installed to monitor the pazking stmcture and the mailroom on the second level of the•pazking structure to the satisfaction of the Anaheim Police Department CCTV cameras shall be strategically located throughout the pazking structure, covering al] azeas, especially all pedestrian and vehiculaz access points. Said information shall be specifically shown on plans submitted for building permits. 18. That an address monument and/or complex map shall be positioned to be readable from the main vehicular or pedestrian access points without causing vehicular stacking and shall be illuminated during hours of darkness. Said information shall be specifically shown on plans submitted for building permits. 19. That each individual building and unit shall be cleazly marked with its appropriate building number and address. These numbers shall be positioned so they aze easily viewed from vehiculaz and pedestrian pathways throughout [he complex. Main building numbers shall be a minimum of 12 inches in height. Main building numbers and address numbers shall be - 5 - illuminated during hours of dazkness. Said information shall be specifically shown on plans submitted for building permits. - -- 20. That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof material. The numbers shall not be visible from view of the street or adjacent properties. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 21. That pedestrian and vehicular access control shall be required to prevent unwanted entry. A digital keypad entry system shall be included to facilitate quick response by emergency personnel. The system's entry code shall be provided to the Anaheim Police Department Communications Bureau and the Anaheim Fire Department. 22. That adequate lighting on all levels of the parking structure, including 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. 23. That prior to the issuance of the first building permit, the legal owner of the subject property shall irrevocably offer to dedicate to the City of Anaheim a public utility and sidewalk easement 3 feet in width immediately adjacent to the west property line for placement of street lights, .stop signs, fire hydrants, etc. so as not to encroach onto the public sidewalk along the Connector street. 24. That prior to the issuance of the first building permit, a cash payment shall be made to the City of Anaheim for the future construction of one-half of the Connector street between Katella Avenue and Wright Circle to the standards required in The Platinum Triangle Master band Use Plan. The amount of the cash payment is set forth in Exhibit "G", Connector Street Cost Estimate of Development Agreement No. DAG2004-00002. ' 25. That prior to the first final building and zoning inspection, the interim improvements for the Connector street between Katella Avenue and Wright Circle shall be complete and the pavement shall be repaired and resurfaced to provide a minimum pavement life of ten-years to the satisfaction of the Public Works Department. 26. That prior to issuance of the first building permit, the property owner shall provide an irrevocable offer of dedication to the City of Anaheim for the future Connector street between Katella Avenue and Wright Circle, as shown on the approved site plan. The City may defer acceptance of said offer up to the time that additional dedication and improvements are provided to meet the minimum standards for a Connector street as provided in the Platinum Triangle Master Land Use Plan. That prior to the issuance of the first building permit, the City Eggineer and City Attorney shall approve and the property owner shall record a maintenance - 6 - covenant providing for [he continued operation and maintenance of the street as a private street until such time as the City accepts the offer of dedication. - - 27. That prior to issuance of the first building permit,the legal property owner shall irrevocably offer to dedicate an easement to the City of Anaheim for road, public utilities and other public purposes 72-feet from the centerline of State College Boulevard; 72-feet from the centerline of Katella Avenue and 38-feet from the centerline of Wright Circle; and 28-feet for the Connector Street between Katella Avenue and Wright Circle, as shown on exhibits approved in conjunction with this Conditional Use Permit, on file in the Planning Department. 28. That prior to the issuance of the first building permit, the legal property owner shall submit interim improvement plans for the Connector street to the Development Services Division of the Public Works Department for review and approval. The Connector street improvements shall be developed in accordance with the approved plans prior to final building and zoning inspections. 29. That prior to the issuance of the first building permit, the legal property owner shall finalize the abandonment of the existing public utilities easement (ABA2004-000098) to the satisfaction of the Development Services Division of the Public Works Department, 30. That Street and Supplemental Lanes Intersection improvements including street widening, sidewalk and pazkway landscaping and irrigation shall be constructed .along State College Boulevazd (future 6 Lane Major, no bike lane, future 60-foot half width with an additional supplemental right turn lane, resulting in a 72-foot wide half width) and Katella Avenue (8 Lane Major, 72-foot half width) in conformance with Public Works Standazd Detail 160-A, Supplemental Lanes Detail 164-A (3 thru lanes, dual lefts, one right) and The Platinum Triangle Master Land Use Plan. The existing curb along State College Boulevard north of supplemental lane (43-feet from the street centerline) may remain during the interim condition until the future railroad grade sepazation is constructed. Wright Circle shall also be improved per approved plans. Pazkway landscaping along all streets shall be installed and maintained by the property owner with irrigation connected to the on-site system. An improvement bond in a form .acceptable to the City Attorney shall be posted prior to the issuance of the first building permit and street improvements shall be complete prior to the first final building and zoning inspection. 31. That the legal property owner shall obtain aright-of-way construction permit at the Public Works -Engineering counter for all work within the public right-of-way. All improvements must be complete and accepted by the field Engineer prior to the first final building and zoning inspection. Any existing improvements damaged prior to or during construction at the site must be repaired prior to cleazance for certificate for occupancy. 32. That prior to issuance of the first building permit, a lot line adjustment plat shall be submitted to the Subdivision Section (Development Services Division) of the Public Works Department and approved by the City Engineer and then recorded in the Office of the Orange County Recorder to combine the three existing lots such that any new building lies completely - 7 - within one (1) parcel 33. That the portions of the retaining wall adjacent to Wright Circle and State College Boulevard that will be visible from the rights-of-way upon completion of right-of-way improvements for the railroad grade sepazation, shall be conswcted of decorative split face brick or other decorative brick as approved by the Planning Services Division of the Planning Department. Said information shall be specifically shown on plans submitted for building permits. 34. That ongoing during project operation, the property owner/developer shall ensure that the business operator of Che subject restaurant shall continuously adhere to the following conditions, as required by the Police Department: a. That the establishment shall be operated as a "Bona Fide Public Eating Place" as defined by Section ?3038 of the California Business and Professions Code. b. That there shall be no baz or lounge maintained on the property unless licensed by Alcoholic Beverage Control and approved by the City of Anaheim. c. That food service with a full meal shall be available from opening time until either 10:00 p.m. or closing time, whichever occurs first, on each day of operation. d. That there shall be no pool tables maintained upon the premises at any time. e. That subject alcoholic beverage license shall not be exchanged for a public premises fbaz) type license nor shall the establishment be operated as a public premise as defined in Section ?3039 of the California Business. and Professions Code. f. That the sales of alcoholic beverages shall not exceed 40%o of the gross sales of all retail sales during any three (3) month period. The business operator shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be made available, subject to audit .and, when requested, inspection by any City of Anaheim official during reasonable business hours. g. That there shall be no live entertainment, amplified music or dancing permitted on the premises at any time without issuance of proper permits as required by the Anaheim Municipal Code. h. That sales of alcoholic beverages for consumption off the premises shall be prohibited. That there shall be no exterior advertising of any kind or type, including - 8 - advertising directed to the exterior from within, promoting or indicating the availability of alcohol beverages. - - That the activities occurring in conjunction with the operation of this - establishment shall not cause noise disturbance to on-site residents or off-site , neazby residents. k. That the business operator shall comply with Section 24200.5 of the Business and Professions Code so as not to employ or peratit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in [he licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code and shall be kept closed and unlocked at all times during hours of operation except for ingress/egress, to permit deliveries and in cases of emergency. m. That the portion of this permit regarding the sales of alcohol shall expire five years from the date of approval unless a valid license has been issued by the California Department of Alcoholic Beverage Control. n. That the outdoor dining area shall be completely enclosed by decorative fencing, complementary to the design of the building or other such permanent structure as approved by the City, at least forty (40) inches in height, into which entry is only possible from the interior of the business. Emergency exits required by the Uniform Fire Code shall be maintained, but not utilized by patrons/employees other than in an emergency. Said information shall be specifically shown on plans submitted for building permits. o. That there shall be no direct pedestrian access to the outdoor dining azea from outside the building. All access to this area shall be solely through the restaurant. p. No admission fee, cover charge, advance prepayment for meals, or similar fee shall be imposed upon patrons as a condition of entry to the premises. q. That the subject alcoholic beverage license shall not be exchanged for a public premise (baz) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code. That at all times that entertainment or dancing is permitted, security measures shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct on the part of employees or patrons, and promote the safe and orderly assembly and movement of persons and vehicles, and to prevent - 9 - disturbance to the neighborhood by excessive noise created by patrons entering or leaving the premises. s. That there shall be no public telephones on the premises located within the view of any right-of--way. That any and all security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. (Section 4.16.070 Anaheim Municipal Code) 35. That french doors acceptable to the Planning Services Division shall be provided on all patio (ground-floor) doors. Said information shall be specifically shown on plans submitted for building permits. ' 36. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view. Said information shall be specifically shown on the plans submitted for building permits. 37. That all plumbing or other similaz pipes and fixtures located on the exterior of the building shall be fully screened by azchitectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits. 38. That [he tubulaz steel fence to be constructed on top of the retaining wall adjacent to State College Boulevazd and Wright Circle, shall not exceed three (3) feet in height as measured from the top of the retaining wall. Clinging vines shall be planted on maximum 5-foot centers, irrigated and maintained, adjacent to said fence and wall. Said information shall be specifically shown on plans submitted for building permits. 39. 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. 40. 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. 41. That the property owner/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 Z 1081.6 of the Public Resources Code to ensure implementation of those identified mitigation measures. 42. That signage for subject facility shall be limited to that shown on the approved Conditional Use Permit exhibits submitted by the project applicant, on file in the Planning - to - Department. Any additional signage shall be subject to approval by the Planning Director. 43. That gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic on the adjacent public street. Installation of any gates shall conform to the Engineering Standard Plan No. 475 and shall be subject to the review and approval of the City Traffic and Transportation Manager prior to the issuance of the'first building permit. 44. 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. 402, 436, 470, 471, 472, 473 and 475 pertaining to pazking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 45. That all driveways to the project site 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. 46. That no required pazking area shat] be fenced or otherwise enclosed for outdoor storage uses. 47. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval in conformance with the Engineering Standard No. 115 pertaining to sight distance visibility for signs or wall/fence locations. Said information shall be specifically shown on plans submitted for building permits. 48. That the driveway into the project from Katella Avenue shat] be limited to right-in and right-out only. 49. That the owner of subject property shall submit a letter requesting termination of Variance No. 4129 (to waive required dedication of right-of-way to construct a 1,000 square foot outdoor dining area with sales of alcoholic beverages for on-premised consumption), Conditional Use Permit No. 1427 (to establish two enclosed restaurants with cocktail lounges, in an office building and bank site waiving permitted uses, minimum lot size, permitted sign location, maximum sign area and minimum distance between signs), and Conditional Use Permit No. 2862 (to permit asemi-enclosed restaurant with sales of alcohol for on-premises consumption with waivers of maximum wall height, minimum structural setback, permitted encroachments and minimum number of parking spaces) to the Planning Services Division of the Planning Department. 50. That prior to the issuance of the first building permit, the legal property owner shall demonstrate that efforts have been made to obtain the consent of the owner of the property at 1701 East Katella Avenue to close the first existing driveway opening from [he existing private alley (future Connector street) just north of Katella Avenue. If consent is obtained, the driveway - 11 - shall be closed prior to the first final building and zoning inspection. 51. That assigned parking spaces shall be provided for each residential unit. Said information shall be specifically shown on plans submitted for building permits. 52. That visitor pazking spaces shall be posted, "No Overnight Pazking, Except by Permission of the Management." Said information shall be specifically shown on plans submitted for building permits. 53. That all above-ground utility devices shall be located on private property and outside any required setback azea. Said information shall be shown on plans submitted for the first building permits. 54. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by project applicant and which plans are on file with the Planning Department mazked Exhibit Nos. 1 through 1 OS, and as conditioned herein. 55. That prior to issuance of the first building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 4, 7, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 22, 23, 24, 26, 27, 28, 29, 30, 32, 33, 35, 36, 37, 38, 43, 44, 45, 47, 49, 50, 51, 52, and 53, 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. 56. That prior to final building and zoning inspections, Condition Nos. 21, 25, 30, 31, 50 and 54, above-mentioned, shall be complied with. 57. 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 orditiance, regulation or requirement. BE IT FURTHER RESOLVED that the Ciry Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. - 12 - THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 16th day of November, ?004, by the following roll call vote: " "' `° AYES: Mayor Pringle, Council T'embers Tait, PicCracken, Chavez, Hernandez NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM By s/s Curt Pringle MAYOR OF THE CITY OF ANAHEIM ATTEST: s/s Sheryll Schroeder CT1'Y CLERK OF THE CITY OF ANAHEIM 56476.1 - 13 - ITEM N0. 8 G1 m a a U f- } Z 0 0 U STONYBROOK DR ANAHEI i CITY L IMIT S COLCHESTER DR 120 r RM- 200 nj r RCL 56-59-34 s ~ ~ 7"t-. RCL 57-58-26 w , APARTMENTS ~ ~ r ,>, s N ~r ~ ''7 ~~~ m ~ ~ 1I ~ I I RM_1200 ~_ O ~ APARTMENTS p 1. ; 5 U "" VANCOUVER DRIVE ~, RM-3000 RCL 78-79-05 RCL 54-55-00 CUP 982 CUP 1220 60 D.U. CONDO T-CUP 2902-04511 T-CUP 2001-04344 CUP 2469 MOTELB RESTAURANT KHURST COMMERCIAL ~~n d+amem m~~N~ m~~aa JJJ~~ ~~~UU CL CUP 1620 VAR 1494 CL RCL 96-99-11 RCL 57-5&26 CL RCL 98-99-11 CL RCL 99-99-11 RCL SB-59-34 RCL 57-58.26 CUP 2961 -CUP 1354 m~ avmzcb (jgrvaUO ,°.,Ujm Ud pU 1 I I H W W I-- U) m CL RCL 98-99-11 RCL 67-68-86 RCL 62-63-113 RCL 54-55-7 CUP 2317 CUP 2181 CUP 1977 _HURST PLAZA PPING CENTER BROOKMOREAV CO RCL 98-99-1 t RCL 63-64-108 RCL 62-63.113 BANK RCL 9&99-11 RCL 5d-55-7 CL CUP 3960 CUP 2003-04768 CL VAR 2005 CL UP 2003-047fi8 .RCL 98-99-11 'OST OFFICE RCL 54-55-00 CUP 2003-.04768 CI IP 7007-04579 CL VAR 1211 S BROOKHURST SHOPPING CENTER CL RCL 9&99-N RCL 54-55-7 RESTAURANT wnARo~cue 'E I ~m 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 1384(2004-6-22) 8a. CEQA NEGATIVE Sb. WAIVER'OFCOD 8c. CONDITIONAL l)@ SITE LOCATION? (1l This irreoula (5) The following zoning actions pertain?to this property: Staff Report to the Planning .Commission January 10, 2005 ?'ltem No. 8 (a); Conditional Use Permit No. 3649 (to permit a 2,609 square fi commercial retail center with waiver of minimum number of# 67 existing and proposed)) was approved by the Planning Ci 1993, fora period of two years. This permit expired and was (b)' Conditional Use Permit No. 1fi62 (to permit on-sale liquor in' 'r Colchester Drive) was approved by the Planning Commissio previously-approved lodge is no longer in operation. sr5134tr N 76. The (c) r F (i Use Square .Code Parking Requirement Spaces Feet.'. Re ulred ; Victory Outreach Church 2;360 29 spaces per 1,000 square feet 69 (Suites 1-5) (no fixed ofassembly area or 0.333 space seating) per fixed seat whichever is greater Office 800 4 s aces er 1,000 s ua~e feet 3 Orange;County Recovery Cehter 1:,680 29 spaces per 1,OD0 square feet 49 (Suites 6-6) (no fixed ofassembly area or 0.333 space seating) per fixed seafwhichevec; is greater Office ' 400 4 s aces er,i 000 s ware feet 2 BarbecSalon 780 5,5 spacea;per 1,000Square feet 4 Suite 9 EI Encanto Bar :2,460 17 spaces per 1,000 square feet 42 Suites' 10-12 Ministerio Im acto Nuevo 1;154 29 s aces er 1,000 s uare feet : 35 (Suites 13, 14;:16) (no fixed of assembly area or 0.333 space creating) ;; per fixed'seat whichever is greater Office Classroom 892 4 spaces per 1,000 square feet ! 4i 563 None Storage (vacant) 890 5.5 spaces per 1,OOO;square feet 5 Suite 15 TOTAL +:11,979 ' 213 !~ (13) Pt cc wi G a m sii (14) Existing sitg and grass, Drive, whicF frontage, (6 shrubbery o requires tha and/or veh forty-eight dimensiod2 other in a ro (25,923 squ (15) The submitt the church'l dependency Sunday Sunday! Wedne Tfiursd Friday ENVIRONMENTAI (18) Staff has rev the Planning recommend: Commission agency; and comments n Initial Studyi will have a'si EVALUATION: (19) Commercial reta permitted withirr (20) The requested H ~_......~ __..___.. .__.._... ___'~____..r-. a _- __ _.. _. meeting hall, and other commercial tenants. Parking counts indicate130° parking is vacant during peak hours. (c), That the waiver, under the conditions;imposed, if any, will not increase th parking spaces upon adjacent private:.. property in the immediate vicinity c proposed use. The parking study indicates the on-site parking area is sufficient to accor demand of parking generated by these three assembly uses and therefoi increase the demand for parking spaces upon adjacent private property,i immediate vicinity of the site. (d) That the waiver, Lnder the conditions; imposed, will not increase traffic cc within:. the off-street parking areas or lots provided for such use. The project will not cause increased traffic the site tiecause on-site parking is only 70% !; periods. property owner'and/or his'attorney, cdnducted operators of both churches and the meeting h both land use and property maintenance i application request. On''June 16,;2004, l property and observed certain outstanding c~ refuse in the parking area and at the rear c fencing, and unpermitted interior and exterior findings and comments from outlined in paragraph 20 atio 'Unless conditions to the contrary are expressly imposei pursuant to this Section by the Planning Commission, i be deemed contingent upon operation of such use in c~ #elating to the operation and intensity of the use as cool that formetl the basis. for approval of said waiver. Ezce otherwise tleviating from any of'said assumptions as'cc shall be deemed a violation of the express'conditions in subject said waiver to termination or modification pursu `18.60 of this Code, (29) Before the Commission grants any conditional use pern the evidence presented shows hat all of the following: c (a) Thaf the use as modified is properly one for whicl authorized bytfie Zoning Code, or is an unlisted i (Unlisted UseslPermitted) of Section 18.66.040.:0 (b) Thaf the use as modified will not adversely affect growth and developmenf'of the areain which ifis (c) That the size and shape of the site for the modfie development df the proposed use in'a manner'no to the health and safety; (d) Thatthe traffic generated by the modit7ed use will the streets and highways designed and improved (e) Thatthe granting of the conditional use permit un will not be detrimental to the heaith'and safetybfti RECOMMENDATION: (30) Staff recommends that; unless additional or contrary infbrn andbased upon the evidence submitted to the Commissio in this staff report, and oral and written evidence presentee Commission aborove the petitioner's request by adopting findings and`conditions contained therein. [DRAFT] RESOLUTION NO. PC2005--' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04861 'BE GRANTED (2230 WEST COLCHESTER'DRIVE) 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 1, 2, 3 AND 4 OF TRACT NO. 2701, AS PER MAP RECORDED IN BOOK 115, PAGES 5 AND 6 OF MISCELLANEOUS 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 June 28, 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 (Procedures), 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 26, August 9, September 20, November 1, and November 15, December 13, 2004, and January 10, 2005 Commission meetings; and [KL1] WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the use is properly one for which a conditional use permit is authorized by Anaheim: Municipal Code Sections 18.08.030.040.0402 to permit and retain two existing churches, a narcotics anonymous meeting hall, and to establish land use conform[ty with the City's zoning code requirements for an existing non-conforming commercial retail center with waiver of the following: SECTIONS 18.42.040 Minimum number of oarkino spaces_ AND 18.08.070 213 required; 64 existing and proposed and recommended by the Traffic and Transportation Manager) 2. That the parking study indicates that peak parking demand for off-street parking spaces is substantially tower than the quantity provided for the two (2) churches, the meeting hall, and other commercial tenants. [KLZ] 3. That the proposed project will not increase or compete for on-street parking because the parking lot has more than adequate parking to accommodate for both churches, the meeting hall, and other commercial tenants. 4. That the parking study indicates the property's park[ng area is sufficient to accommodate the demand of parking generated by these three assembly uses and therefore would not increase the demand for parking spaces upon :adjacent private property in the immediate vicinity of the site. 5. That the project will not cause increased traffic congestion within off-street parking areas of the site because on-site parking is only 65% occupied during peak parking demand periods during the week and 95% on the weekend. 6. That the on-site parking area has a total of three (3) access outlets. Peak traffic demands occur on Sundays and weeknights only. Nc impeding of traffic access into or out of the adjacent parking lots was observed during parking demand surveys of the project parking lot. Cr\PC2005-0 -1- PC2005- 7. That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code. S. That the proposed use as conditioned herein will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 9. That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare. 10. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 11. That the granting of the conditional use permit under the conditions imposed will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 12. That *" 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 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 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 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: Churches and Meeting Hall That this permit approving two (2) churches and a narcotics aronymous recovery meeting hall shall expire on January 10, 2007. 2. That the hours of operation for the Victory Outreach Church (Suites 1-5) shall be limited to the following, as stipulated in the petitioner's letter of operation: Sunday 10 am- 12 pm Sunday 7 pm- 9 pm Wednesday 7 pm- 9 pm Thursday 7 pm- 9 pm Friday 7 pm- 9 pm 3. That the hours of operation for the Ministerio Impacto Nuevo Church (Suites 13, 14, and 16) shall be limited to the following, as stipulated in the petitioner's letter of operation: Sunday 10:30 am- 12:30 pm Sunday 7 pm- 9 pm Tuesday 7:30 pm- 9 pm Thursday 7:30 pm - 9 pm -2- PC2006- 4. That the hours of operation for the Orange County Recovery Center (Suites 6-8) shall be limited to seven (7) days a week from 12 pm to 1:30 pm, and from 7:30 pm to 9 pm, with one additional meeting on Wednesdays from 5:30 pm to 7 pm. The "Comedy Club" aspect of the Recover Center shall not extend.- beyond 10 p.m. 5. That no portable signage shall be utilized to advertise any of the uses located on the site. 6. That no outdoor events shall be permitted. 7. That the only accessory school activity shall be Sunday school and these facilities shall not include any private daycare, nursery, elementary, junior and/or senior high schools. 8. That the granting of the parking waiver is contingent upon operation of the uses in conformance with the assumptions andlor conclusions relating to the operation and intensity of uses as contained in the parking demand study that formed the basis for approval of said waiver. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in the parking demand study, shall be deemed a violation of the expressed conditions imposed upon said waiver which shall subject this to termination or modification pursuant to the provisions of Sections 18.60 of the Anaheim Municipal Code. 9. That Suite No. 15 shall not be used for assembly purposes unless an application to amend the conditional use permit is submitted and approved by the Planning Commission. 10. That the following items observed at staff's physical inspection on October 14, 2004, shall be addressed within a period of sixty (60) days. The appropriate permits shall be obtained for any necessary work as follows: Fire Department Comments: Suites 1-5 • Provide address numbers 2230 on front of building. CFC Section 901.4.4 Suites 6-8 • Replace missing electrical cover plate by the back-up coffee pot. CFC Section 8504 Suites 13-16 • None Building Division Comments: General Comments: The owner shall hire a licensed architect to 1) conduct a comprehensive facility investigation; 2) prepare accurate "as-built" plans to reflect the existing tenant improvements and obtain permits for items indicated below; 3) modify the plans in order to fully comply with the applicable codes; and 4) submit new "Tenant Improvement" plans for permits and inspections. Suite No. 1-5 (Alcance VictoriaNictorv Church): Submit plans and obtain appropriate permits for the following: • :Interior walls constructed without permits • Opening in masonry wall on south side of the tenant space. • Upgrade restrooms, exit doors, and new counter top for handicap accessibility, -3- PC2005- Mechanical, electrical, plumbing works (electrical fixtures, outlets, a/c distributions, gas, water line, sewer cleanout at the middle of pavement, etc.) require permits. Suite No. 6. 7, and 8 (OC Recoverv Center /Thrift Store): Submit plans and obtain appropriate permits for the following; • Interior walls constructed without permits. • Bearing walls dividing each suite were cut for opening. Ceiling joist and beam size must be calculated & verified for proper structural supports between Suite No. 6 and 7. • Upgrade restrooms, exit doors, and new counter top for handicap accessibility. • Mechanical, electrical, plumbing works (electrical fixtures, outlets, alc distributions., gas, water line, etc.) require permits. Suites No. 13 -16 (Minsterio Imoacto Nuevo) Submit plans and obtain appropriate permits for the following~ • Interior walls constructed without permits. (Kitchen, kid's room, main entry area, offices, etc.) • Bearing walls cut for opening between suites. • Upgrade restrooms, exit doors, and aisle widths in church assembly area for handicap accessibility. • Mechanical, electrical, plumbing works (electrical fixtures, outlets, a/c distributions, gas, water line, etc.) require permits. Site Items: • Demolish the storage at the west side yard (built without permit and would require a variance per the code). • Handicapped parking, landing area striping, and prpperty signage shall be installed. Code Enforcement Comments: • Reduce the number of chairs in Victory Outreach (Units #1-5) to 49. • Obtain arcade permit for Units #6 -8 the OC Recovery Center and Thrift Store. There is one jukebox in Unit #6 8 7, and Unit #8 has 7 amusement devices, 2 pool tables, and 1 jukebox. A check of City records (Tidemark) does not show that any fees are .being assessed for the amusement devices. • The fence at the rear, fronting on Colony Street, is not permitted due to the installation of chain link atop a 48" high block wall fence. The chain link is in disrepair at the NWC and in several places along the linear length. The chain link fence was installed sometime between April 1997, and October 1997, indicated by photographs taken during inspections conducted by Code Enforcement during 1997. When the chain link fence was installed, the caps of the block wall were removed and remnants of mortar remain, as do the exposed cells of the top blocks. • Remove the refuse and waste and outdoor storage behind many of the units. • The premise numbers (2230) for the buildings are missing, and each unit needs to be properly identified by number. • Do not dump wastewater at the rear of the building facing Colony Street. It appears when cleaning the interior units; wastewater is being dumped out onto the rear pavement as evidenced by residue and etching of the asphalt. Such waste could possibly enter the public sidewalk, street and stormdrain. • Obtain business licenses for the two businesses in Unit #9. BUS 2002-04302 (Nail Salon) expired November 15, 2003, and .BUS 2002-04471(Independent Hair Sryiist) expired December 1, 2003. -4- PC2005- 11. That the following items shall be addressed immediately if the businesses intend to continue operation. Fire Department Comments: Suites 1-5 • Obtain approval of occupancy change from the Building Division (before occupancy may exceed 49). • Provide two 2A10BC fire extinguishers, serviced by a California State Licensed Company. Title 19 • Aflame-retardant certificate shall be provided for all drapes, or remove. CFC Section 1103.3.3.1 • Maintain proper amounts of Exit doors provided with panic hardware and they must swing outward. CFC Section 12071 and 1207.2 • Remove all secondary locks, latches, or bolts from Exit doors. CFC Section 1207.3 • Remove tape from circuit breakers secured in the "On" position. CFC Section 8504. • Remove all extension cords. CFC Section 8506.1 • Add panic hardware to gates outside. They must have panic hardware and swing outward. CFC Section 1208.2 and 1208.4 • Install illuminated exit signs. Suites 6-8 • Remove extension cord to back-up coffee pot. CFC Section 8506.1 Suites 13-16 • Obtain approval of occupancy change from the Building Division (before occupancy may exceed 49). • Aflame-retardant certificate must be provided for all drapes or remove. CFC Section 1103.3.3.1 • Service fire extinguisher in classroom area. Trtle 19 597.1 • Maintain proper amounts of Exit doors with panic hardware and doors must swing outward. CFC Section 1207.1 and 1207.2 o Remove all extension cords. CFC Section 8506.1 • Replace missing blanks in the electrical panels. CFC Section 8504 Remove all secondary locks, latches, or bolts from Exit doors. CFC Section 1207.3 • Add panic hardware to gates and modify gates to swing outward. CFC Section 1208.2 and 1208.4 • Install illuminated exit signs. Building Division Comments: General Comments: • The owner is required to hire a licensed architect to 1) Conduct a comprehensive facility investigation. A licensed architect shall prepare the plans because they involve "Assembly" occupancies (potential of increased risk for fire related injuries). Suite No. 1-5 (Alcance VictorialVictorv Church): • Unlock gate at west side far access to the public sidewalk (gate within the 4'-6" block wall was locked). • Change of Occupancy from B to A3 is required if occupancy exceeds 49. Suite No. 6 7 and 8 (OC Recovery Center /Thrift Store): -5- PC2005- • Unlock gate at west side for access to the public sidewalk (gate within the 4'-6" block wall was lacked). --- • Change of Occupancy from B to A3 is required if occupancy exceeds 49. Suites No. 13 -16 (Mnsterio Impactor Nuevol • Remove the row seating that blocks exits on east side of the tenant space. • Change of Occupancy from B to A3 is required if occupancy exceeds 49. Code Enforcement Comments: Repair the asphalt at the rear which contains deep crevices and holes. This presents a potential hazard of tripping or falling to persons walking in the area. This condition is most apparent between Units # 2 & 3 and Units #13-16. Repair the two exterior lights at the rear exits (Units #7 & 8). One of the lights is hanging from its wires. The other light is missing and the electrical connection is open and exposed tc the elements. [KL31 12. That the maximum occupancy of any assembly use shall be limited to 49 persons until such time that plans are submitted to the Building Division and Fire Department for review and approval. Upon such approval, the occupancy may be increased for each of the assembly use to the number of patrons/ congregants identified in the parking study. Commercial Retail Center 13. That there shall be no outdoor storage on site at any time; and that the existing outdoor storage located to the rear (west) of the retail center shall be removed. 14. That no convenience markets and/or retail sales of alcoholic beverages shall be permitted unless a separate conditional use permit is approved by the Planning Commission. 15. That no video, electronic or other amusement devices shall be permitted on the premises, unless an application is submitted and granted by the Business License Division. 16. That all public phones shall be located inside the building 17. That all trash generated from this commercial retail center shall be properly contained in trash bins located within approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Code Enforcement Division of the Planning Department shall determine the need for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid by the business owner. 18. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased andlor dead. 19. That no roof-mounted balloons or other inflatable devices shall be permitted on the property. 20. That no outdoor vending machines shall be permitted on the property. 21. That 4-foot-high street address numbers shall be displayed on the roof of the building in a color that contrasts with the roof material. The numbers shall not be visible from the streets or adjacent properties. Said information shall be specifically shown on plans submitted far building permits. -6- PC2005- 22. That roof-mounted equipment shall be screened from view in accordance with the requirements of Anaheim Municipal Code Section 18.38.170 pertaining to the CG (General Commercial) Zone. Said information shall be specifically shown on plans submitted for building permits. - - -- 23. That the property shall be permanently maintained in an orderly fashion by the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 24. That the number of tenant spaces for this commercial center shall be sixteen (16). Said information shall be specifically shown on plans submitted for building permits. 25. That final landscape plans shall be submitted to the Zoning Division of the Planning Department for review and approval including the following: • Plans shall reflect the incorporation of two (2) twenty-four inch box evergreen trees within the existing landscaped setback area adjacent to Colchester Drive. • Plans shall reflect the incorporation of two (2) twenty-four inch box evergreen trees within the existing landscaped planters within the parking lot (one tree within each landscaped finger). • Plans shall reflect a minimum five-foot wide planter area along the property frontage on Colony Street, planted with a minimum of sixteen (16) twenty-four inch box evergreen trees or minimum 8-10 foot brown trunk height (BTH) palm trees and associated groundcover, shrubs or turt along the property frontage on Colony Street. Any decision made by staff regarding said final landscape plans may be appealed to the Planning Commission as a "Reports and Recommendations" item. 26. That the property owner shall remove the combination block wall and chain link fence along the entire frontage of Colony Street and install a minimum five-foot wide planter area along the entire length of the property frontage along Colony Street. Said planter shall be maintained with minimum of sixteen (16) twenty-four inch box evergreen trees or minimum 8-10 foot brown trunk height (BTH) palm trees and associated groundcover, shrubs or turt. Said planter shall contain permanent irrigation facilities in compliance with code. 27. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 28. That the property owner shall submit a letter requesting termination of Conditional Use Permit No. 3649 (to permit a 2,609 square foot church within an existing commercial retail center with waiver of minimum number of parking spaces). 29. That the property owner shall pay the costs of Code Enforcement for quarterly inspections ,and as often as necessary thereafter until the subject property is brought into compliance, or as deemed necessary by the City's Code Enforcement Division to gain andlor maintain compliance with State and local statutes, ordinances, laws or regulations for a period of one-year. 30. That the property owner shall file an Emergency Listing Card; Form APD-281, with the Police Department, available at the Police Department front counter. 31. That subject property shall be maintained substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1, 2, 3 and 4 and as conditioned herein. 32. That within a period of sixty (60) days from the date of this resolution, Condition Nos. 9, 10, 13, 18, 21, 22, 24, 25, 26, 28, 30 and 31, above-mentipned, 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. -7- PC2005- 33. 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 7 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first, Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. 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 January 10, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY., ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on January 10, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: VACANCY: COMMISSIONERS: 2005. IN WITNESS WHEREOF, I have hereunto set my hand this day of SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -8- PC2005- CURD, GALINDO & SMITH, L.l_:P. AUOrney~s December 23, 2004 Egalia Almeida Ministerio Impacto Nuevo 2230 W. Colchester Dc, #13-16 Anaheim, CA 92803 Juan Manuel and Rosalba Castro Alcance Victoria 2230 W. Colchester Dr., #1-4 Anaheim, CA 92803 Chris Supancich OC Recovery Center/Tluift Store 2230 W. Colchester Dr., #6-8 Anaheim, CA 92803 ATTACHMENT -ITEM N0. 8 Re: Our Client: 2230 W. Colchester, a CA LP Proaerty Address: 2230 W. Colchester, Anaheim, CA 92803 Dear Tenants: As you know, this office represents your landlord at the referenced property. We have corresponded with you under separate cover regarding your need to be at the January 10°i hearing on your CUP application with your own attorney. You must obtain the CUP as a condition to your remaining as tenants. Your attention is directed again to the letter from John Ramirez of the City of Anaheim dated November 3, 2004, which we sent to you twice previously under separate cover. The City wants these items taken care of in addition to any items listed in the Staff Report (which was also provided to you under sepazate cover). We understand that some of you have already started working to correct these problems. Thank you. Please refer to each item in Mr. Ramirez's letter and the Staff Report which pertains to your unit. If you want to obtain a CUP, you must address the City's concerns or deal with the City to see if any items can be modified or deleted. As we have .already advised you, if you do not obtain a CUP, you cannot legally remain at the premises. I encourage you to resolve these issues. • 301 East Ocean Bh~d. • Suite 460 • Long Beach • CA • 90802 • (562) 624-1177 • Fax (562) 624-1178 CURD, GALINDO & S~i1TIi, L.L.P. December 23, 2004 Page 2 Regarding storage at the property, the City has asked the landlord to remove the rear wall. We are putting you on notice that you may not store items behind the building without a permit Crom the City. Accordingly, if you aumot obtain a permit, all items must be removed. In any event, as the fence may come down in whole or in part, this area will no longer be secure. Very truly yours, CURD GAL & SMITH, L.L.P. Joseph D. Curd JDC:map cc: Client John Ramirez, City of Anaheim November 3, 2004 Joseph Curd Curd, Galindo & Smith, L.L.P. 301 East Ocean Bivd. # 460 Long Beach, Ca. 90802 Re: 2230 West Colchester Drive Dear Mr. Curd: This letter is a follow up to the City's physical inspection of the above referenced address on October 14, 2004. City staff from the .Fire Department, Building Division, Code Enforcement Division, City Attorney's Office, and the Planning Services Division met with you and your client on site and conducted a physical inspection of the interior and exterior spaces to determine the nature and extent of any code violations/health and safety issues pertaining to property. Your client requested this inspection at the September 8, 2004, meeting where various members of City staff met with you and your client to discuss the -conditions of approval pertaining to the conditional use permit application curzently under consideration by the City. The following is an itemized list of violations that Staff will recommend be included as conditions of approval in the event the Planning Commission approves the conditional use permit request for the two (2) churches and the Orange County Recovery Center. Fire Deaartment Comments: Suites 1-5 • Needs approval of occupancy change from the Building Division. • Pions must be submitted to the Building Division for Occupant Load. • Provide two 2A106C fire extinguishers, serviced by a California State Licensed Company. Title 19 • Aflame-retardant certificate must be provided for all drapes, or remove. CFC Section 1103.3.3.1 • Maintain proper amounts of Exit doors provided with panic hardware and they must swing outward. CFC Section 1207.1 and 1207.2 • Remove ali secondary locks, latches, or bolts from Exit doors. CFC Section 1207.3 Circuit breakers may not be taped or secured in the "On" position. CFC Section 8504. • Remove all extension cords. CFC Section 8506.1 • Provide address numbers 2230 on front of building. CFC Section 901.4.4 • Gates outside must have panic hardware and swing outward. CFC Section 1208.2 and 1208.4 • Illuminated Exit signs are required. 200 South Anaheim Boulevard ZJ7049 P.0. Box 3222 Anaheim, California 92803 www.anaheim.net TEL (714) 7fifi-5139 - 2 - November 3, 2004 Suites 6-8 ® May need approval of occupancy change from Building Division. Remove extension cord to back-up coffee pot. CFC Section 8506.1 m Replace missing electrical cover plate by the back-up coffee pot. CFC Section 8504 Suites 13-16 Needs approval of occupancy change from the Building Division. o Plans must be submitted to the Building Division for Occupant Load. Aflame-retardant certificate must be provided for all drapes or remove. CFC Seetion 1103.3.3.1 ® Service fire extinguisher in classroom area. Title 19 597.1 Maintain proper amounts of Exit doors with panic hardware and doors must swing outward. CFC Section 1207.1 and 1207.2 m Remove all extension cords. CFC Section 8506.1 m Replace missing blanks in the electrical panels. CFC Section 8504 o Remove all secondary locks, latches, or bolts from Exit doors. CFC Section 1207.3 ® Gates must have panic hardware and swing outward. CFC Section 1208.2 and 1208.4 Illuminated Exit signs are required. Building Division Comments: General Comments: The owner is required to hire a licensed architect to 1) Conduct a comprehensive facility investigation; 2) Prepare accurate "as-built" plans to reflect the existing tenant improvements; 3) Modify the plans in order to fully comply with the applicable codes; and 4) Submit new "Tenant Improvement' plans for permits and inspections. A licensed architect must prepare the plans because they involve "Assembly" occupancies (potential of increased risk for fire related injuries). Suite No. 1.5 tAlcance Victoria/Victorv Churchl: Approximately 3100 s f m Interior walls were built without permits. • Masonry wall on south side was cut for a door opening. ® Restrooms are not handicapped accessible. • Exit doors are not handicapped accessible (i.e., top of door threshold to outside pavement is -4", no lever type hardware, no kickplates). m New counter top is not handicapped accessible. ® Fait door on west side is blocked from the public sidewalk (gate within the 4'-8" block wall was locked). m Mechanical, electrical, plumbing works (electrical fixtures, outlets, a/c disVibutions, gas, water Tine, sewer cleanout at the middle of pavement, etc.) require permits. Change of Occupancy from B to A3 requires permit. - 3 - November 3, 2004 Suite No. 6. 7, and 8 (OC Recovery Center /Thrift Store): Aaoroximately 2,080 s.f. • Interior walls were built without permit. • Bearing walls dividing each suite were cut for opening. Ceiling joist and. beam size must be calculated & verified for proper structural supports between Suite No. 6 and 7. • Restrooms are not handicapped accessible. • F~cit doors are not handicapped accessible (i.e., top of door threshold to outside pavement is -4", no kickplates). • New counter tops at the thrift store are not handicapped accessible. • Exit door on west side is blocked from the public sidewalk (gate within the 4'-6" block wall was locked).. • Mechanical, electrical, plumbing works (electrical fixtures, outlets, a/c distributions, gas, water line, etc.) require permits. • Change of Occupancy from B to A3 is required if occupancy exceeds 50. Suites No. 13 -16 (AAinsterio Impactor Nuevol • Interior walls were built without permit. (Kitchen, kid's room, main entry area, offices, etc.) • Bearing walls dividing each suite were cut for opening. • Church Assembly area is not handicapped accessible. (Counter area, doors, hardware, etc.) • The row seating blocks exits on east side. • Restrooms are not handicapped accessible. • Exit doors are not handicapped accessible (i.e., top of door threshold to outside pavement is -4", no kickplates). • Mechanical, electrical, plumbing works (electrical fixtures, outlets, a/c distributions, gas, water line, etc.) require permits. • Change of Occupancy from B to A3 requires permit. Site Items: • Storage at the west side yard was built without permit. • Handicapped parking, landing area striping, and pole sign are required. Code Enforcement Comments: The number of chairs in Victory Outreach (Units #1-5) number 158. The occupants of Units #6 -8 are the OC Recovery Center and Thrift Store. There is one jukebox in Unit #6 & 7, and Unit #8 has 7 amusement devices, 2 pool tables, and 1 jukebox. A check of City records (Tidemark) does not show that any fees are being assessed for the amusement devices. The fence at the rear, fronting on Colony Street, is not permitted due to the installation of chain link atop a 48" high block wall fence. The chain Sink is in disrepair at the'NWC and in several places along the linear length. The chain link fence was installed sometime between April 1997 and October 1997, indicated by photographs taken during inspections conducted by Code Enforcement during 1997. When the chain link fence was installed, the caps of the block wall were removed and remnants of mortar remain, as do the exposed cells. of the top blocks. - 4 - November 3, 2004 • The asphalt at the rear is in disrepair, containing deep crevices and holes. This presents a potential haaard of tripping or falling to persons walking in the area. This condition is most apparent between Units # 2 & 3 and Units #13-16. • An unpermitted wooden enclosure has been erected behind the El Encanto Bar. It is used to store recyclable beer bottles and cans. • Two exterior lights at the rear exits (Units #7 8 8) are considered electrical hazards. One of the lights is hanging from Its wires. The other light is missing and the electrical connection is open and exposed to 4he elements. • Refuse and waste and outdoor storage is evident behind many of the units. • The premise numbers (2230) for the buildings .are missing, and each unit needs to be properly identified by number. • There are possible NPDES violations at the site. It appears when cleaning the interior units; wastewater is being dumped out onto the rear pavement as evidenced by residue and etching of the asphalt. Such waste could possibly enter the public sidewalk and street. • The two business licenses for Unit #9, BUS 2002-04302 (Nail Salon) expired November 15, 2003 and BUS 2002-04471(Independent Hair Stylist) expired December 1, 2003. Please be advised that items involving safety and occupancy must be addressed immediately (items in bold font). The remainder of the items will be included as conditions of approval for your conditional use permit application. The Fire Department has already directly notified the tenants of the two churches to reduce the number of occupants due to concerns about safety in the event of an emergency. Please review the above information and contact me with any questions at (714) 765- 5139, extension 5804, or a-mail me at ioramirezna anaheim:net. The public hearing for this project was continued by the Planning Commission to November 15, 2004, If you feel that more time is needed to review the above-referenced items and would like to meet with staff to discuss these items, then you may request another continuance in writing, to the December 13, 2004, Commission meeting. I hope this information is helpful to you. As noted above, if you have any questions, please feel free to contact me. Sincerely, John P. Ramirez Planner City of Anaheim CC: Chris Lee, Plan Check Supervisor Cathy Mobley, Fire Inspector II Larry Newberry, Senior Assistant City Attorney Greg Hastings, Planning Services Manager Selma Mann, Assistant City Attorney Linda Eaves, Senior Code Enforcement Officer ATTACHMENT -ITEM N0. 8 City of Anaheim F DEPT NT Prevention Bureau To: JOHN RAMIItEZ, ASSISTANT PLANNER _ _ _ __ _ From: CATHY MOBLEY, FIRE INSPECTOR II Date: November 3, 2004 RE: 2230 W. COLCHESTER DRIVE Suites 1-5 1. Needs an occupancy change from the Building Division. 2. Plans must be submitted to the Building Division for Occupant Load. 3. Provide two 2AlOBC fue extinguishers, serviced by a California State License Company. Title 19 4. Aflame-retazdant certificate must be provided for all drapes, or remove. CFC Section1103.3.3.1 5. Maintain proper amounts of Exit doors provided with panic hardwaze and they must swing outwazd. CFC Section 1207.1 and 1207.2 6. Remove all secondary locks, latches, or bolts from Exit doors. CFC Section 1207.3 7. Circuit breakers may not be taped or secured in the "On" position. CFC Section 8504 8. Remove all extension cords. CFC Section 8506.1 9. Provide address numbers 2230 on front of building. CFC Section 901.4.4 10. Gates outside must have panic hardwaze and swing outwazd, CFC Section 1208.2 and 1208.4 1 I. Illuminated Exit signs maybe required. Suites 6-8 12. May need an occupancy change from Building Division. 13. Remove extension cord to back-up coffee pot. CFC Section 8506.1 201 S. Anaheim Blvd. Suite 300 Anaheim, CA 92805 TEL: 714.765.4040 FAX: 714.765.4606 14. Replace missing electrical cover plate by the back-up coffee pot. "-` CFC Section 8504 Suites 13-16 15. Needs an occupancy change from the Building Division. 16. Plans must be submitted to the Building Division for an occupant load. 17. Aflame-retazdant certificate must be provided for all drapes or remove. CFC Section 1103.3.3.1 18. Service fire extinguisher in classroom area. Title 19 597.1 19. Maintain proper amounts of Exit doors with panic hazdwaze and doors must swing outwazd. CFC Section 1207.1 and 1207.2 20. Remove all extension cords. CFC Section 8506.1 21. Replace missing blanks in the electrical panels. CFC Section 8504 22. Remove all secondary locks, latches, or bolts from Exit doors. CFC Section 1207.3 23. Gates must have panic hazdwaze and swing outward. CFC Secfion 1208.2 and 1208.4 24. Bluminated Exit signs may be required. Page 2 ~~,~." ~~ w~~"e Business Nam CITY OF ANAHEIM FIRE DEPARTMENT CORRECTION PIOTICE /b-al-0~ 1 / Date ~,,~~~> e Y ~ ~ ddress °l a~c7 ~' ~~' ""'"'-"' :GENCY SERVICES -~'~~-#I- ~- Inspector Inspector DID No. ~31~ File No. ~ i 3 S~ THE FOLLOWING ITEMS CHECKED BELOW MUST BE COMPLETED IN ORDER TO COMPLY WITH THE REOUIRMENTS OF THE ANAHEIM MUNICIPAL CODE. Melhad ~d Cleared SIGNS ^ CFC 901.4.4 Provide address numbers readily visible from the street. From the curb: 0'-10'=5"; 11'-40'=10"; over 40'=15". ^ T-19 309 Provide approved evacuation signs for offices and hotels two or more stories in height. FIRE PROTECTION EQUIPMENT ^ T-19 904 (4) Conduct afive-year certification test on the rare sprinkler system. ^ CFC 903.4.1.2 Conduct atwo-year test or afour-year test on the private fire hydrants. (Circle appropriate test needed) ^ CFC 1002.1 Provide 2A:108C Minimum Rating extinguishers. ^ T-19 597.1 Service the fire extinguishers annually. Each extinguisher must have a California Slate Fire Marshal's tag. T-19 904 (5) Service kitchen hood eMinguishing systems. tt must be done twice a year. ^ T-19 567.6 Permanently mount fire extinguishers onto the wall with the top of the exinguisher no higher than five feet and not less than three feet from floor. ^ NFPA 13.3-2.9 Provide spare sprinklers with the same type and temperature of existing heads in the building. ^ CFC 1003.3.1 Provide a fire spdnkler monitodng system. ^ CFC 1001.5.1 Repair the material lining in the ceiling so as to not interfere with the fire sprinkler system. ^ CFC 1001.5.2 Conduct quartedy mainteriance tests on sprinkler or standpipe systems and maintain documentation. EXITS ^ CFC 1203 Remove obstructions from all means of egress Including exit doors, aisles, corridors and stairways. ~ CFC 1212 Install e>at signs at required e>at doorways, and where otherwise necessary, to indicate the direction of egress. (Required when the exit serves an occupant load of 50 or more. Exception: Main Entrance) ^ CFC 1206 Replace bars on windows in sleeping rooms. They must have a release mechanism openable from the inside. ^ CFC 1111.2.2 Fire doors shall not be propped open and shall be maintained self-closing . ^ CFC 1207.3 Remove all secondary locks, latches, or bolts from exit doors. ELECTRICAL ^ CFC 8504 Circuit breakers may not be taped or secured in the "ON" position. ^ CFC 8506.1 Remove the_extension cords. The cords-shallnot be used as a substitute for permanent wiring. ^ CFC 8509.2 Provide 30 inches-of clearance in front of the electrical panels. ^ CFC 6504 Replace or provide electdcai cover plates. HOU SEKEEPING/RE PAI RS ^ CFC 1001.7.1 Provide access clearance around fire protection equipment. ^ CFC 1112 Replace all missing ceiling tiles. ^ CFC 1112 Repair the holes in the walls andlar ceiling. ^ CFC 1103.3.2. Re-arrange storageinside the building so it is orderly. ^ CFC 1204.2.2 Provide 36 inch wide aisles where the public Is present and 24 inch wide aisles In ail other areas. ^ CFC 1103.3.2 Lower storage tat 8 inches below fire sprinklers or two feet below the ceiling if it is a non-sprinklered building. ^ CFC 1103.2.1.3 Oily rags shall be stored in approved metal container with a lid. HAZARDOUS MATERIALS ^ HSC 6.95 A Business Emergency Plan must be submitted for 55 gallons, 500 pounds, or 200 cubic feet or more of a hazardous material. ^ CFC 8001.7 Provide approved hazardous materials placard(ng on the exterior of buildings, at the building entrances. ^ CFC 8001.7 Label the contents of all hazardous material containers, tanks, or packages. SMOKE DETECTORS ^ CFC 1006.2.9.3 A smoke detector shall be provided (n every existing guest room in a hotel, motel, dwelling unit, or central hall of an apartment. COMPRESSED GASES ^CFC 7401.6.4 Compressed gas containers, cylinders, and tanks shall be secured to prevent falling. PERMIT O CFA 105.8 A permit Is required for .Contact the Fire Prevention Bureau at (714)765-4040. ~// ADDRIONAL CORRECTIONS = California Rre COde T-19 = Calilamla Code of Regulations Title NFPA =National Rre Pretecgon Assodafian HSC =Health and Sarery Cade a first compliance re-inspection will be conducted on or about Please call (714) 765-4040 if you have any questions. FAIL URE TO MAKE THE CORRECTIONS BY THE AB W ILL RESULT IN A FEE OF $130, FAILURE TO RETURN THE MAILOACK CARD W ILL RESULT IN A FEE OF 550. nature Print Name =.t,a ed, m,u WHRF-iL,"innea Title FILE #: ~~ 3~9 CLEARED VIOLATION (~r`~G Page a of DESCRIPTION OF WORK TO BE PERFORMED... G~'U,w~ / /~-~- ~ .~~ a J A COMPLIANCE INSPECTION WII.,L BE MADE ON OR ABOUT IF YOU HAVE ANY QUESTIONS, CALL 765-4040 . INSPECTOR: _ RECEIVED BY: Pecmi[ Applieafion ^ Yes ^ No FIRE~114A Rev. IOM1IB TITLE: ~y'" _ CITY OF /aNAHEINI FIRE DEPARTMENT ,~~,~~, CORRECTION NOTICE // Date E7 --2/-4 7 ,e=""e Business Name r~y'~~ ~/ Address ~?~30 ('/ 2 ) :ENCY SEPVICFS 11 ~~ ~~ ~~~~ ~ ~_~~~-~I r-V..l~ Inspector iY/~'~"u'1~ Inspector DID No. /~1'~3l' File No. ~9~ i THE FOLLOWING ITEMS CHECKED BELOW MUST BE COMPLETED {N ORDER TO COMPLY WITH THE REOUIRMENTS OF THE ANAHEIM MUNICIPAL CODE. Method Cleared SIGNS ^ CFC 901.4.4 Provide address numbers readily visible from the street. From the curb: 0'-10'=5"; 11'-4p'=10"; over 40'=15", ^ T-19 309 Provide approved evacuation signs for offices and hotels two or more stories in height. FIRE PROTECTION EQUIPMENT ^ T-19 904 (4) Conduct afive-year certification test on the fire sprinkler system. ^ CFC 903.4.1.2 Conduct atwo-year test or a four-year test on the private fire hydrants. (Cirole appropriate test needed) ^ CFC 1002.1 Provide 2A:108C Minimum Rating extinguishers. ^ T-19 597.1 Service the fire extinguishers annually. Each extinguisher must have a Califomia State Fire Marshal's tag. ^ T-19 904 (5) Service kitchen hood extinguishing systems. It must be done twice a year. ^ T-19 567.6 Permanently mount fire extinguishers. onto the wall with the top of the extinguisher no higher than five feet and not Tess than three feet from floor. ^ NFPA 13.3-2.9 Provide spare sprinklers with the same type and temperature of existing heads in the building. ^ CFC 1003.3.1 Provide a fire sprinkler monitoring system. ^ GFC 1001.5.1 Repair the material lining in the ceiling so as to not interfere with the fire sprinkler system. ^ CFC 1001.5.2 Conduct quarterly maintenance tests on sprinkler or standpipe systems and maintain documentation. EXITS ^ CFC 1203 Remove obstructions from all means of egress including exit doors, aisles, corddors and stairways. ^ CFC 1212 Install exit signs at required exit doorways, and where otherwise necessary, to indicate the direction of egress. (Required when the exit serves an occupant load of 50 or more. Exception: Main Entrance) ^ CFC 1206 Replace bars on windows in sleeping rooms. They must have a release mechanism openahle from the inside. ^ CFC 1111.2.2 Fire doors shall not be propped open and shall be maintained self-closing . ^ CFC 1207.3 Remove all secondary locks, latches, or bolts from exit docrs. ELECTRICAL ' ^ CFC 8504 Circuit breakers may not be taped or secured in the "ON" position. ^ CFC 8506..1 Remove the extension-cords. The cords shall not be used as a.substitute for permanent wiring. ^ CFC 8509.2 Provide 30 Inches of clearance In front of the electrical panels. ~ CFC 8504 Replace or provide electrical cover plates. HOUSEKEEPING/REPAIRS ^ CFC 1001.7.1 Provide access clearance around fire protection equipment. ^ CFC 1112 Replace all missing ceiling tiles, CFC 1112 Repair the holes in the walls and/or ceiling. ^ CFC 1103.3.2. Re-arrange storage inside the building so if is orderly. ^ CFC 1204.2.2 Provide 36 inch wide aisles where the public is present and 24 inch wide aisles in elf other areas. ^ CFC 1103.3.2 Lower storage tot 8 inches below fire sprinklers or two feet below the ceiling if It Is a non-sprinklered building. ^ CFC 1103.2.1.3 Oily rags shall be stored in approved metal container with a lid. HAZARDOUS MATERIALS ^ HSC 6.95 A Business Emergency Plan must be submitted for 55 gallons, 500 pounds, or 200 cubic feet or more of a hazardous matedal. ^ CFC 8001.7 Provide approved hazardous materials placarding on the exterior of buildings, at the building entrances. ^ CFC 8001.7 Label the contents of all hazardous material containers, tanks, or packages. ' SMOKE DETECTORS ^ CFC 1006.2.9.3 A smoke detector shalt be provided in every e>asting guest room in a hotel, motel, dwelling unit, or central hall of an apartment. COMPRESSED GASES ^ CFC 7401.6.4 Compressed gas containers, cylinders, and tanks shall be secured to prevent falling. PERMIT ^ CFC 105.8 A permit is required for .Contact the Fire Prevention Bureau at (714) 765-4040. ADDITIONAL CORRECTIONS ~, ~z.a-6~- a ~ 3 ~- '= fi na , Califomia Flre Cotle T-19 = Calilomia Code of Regulations Title 79 NFPA =National Fire Pretec9on Association HSC = Health and.Safery Code rst compliance re-inspection will be conducted on or about h~ Please call (714) 765-4040 if you have any questions. FAILURE TO MAKE THE CORRECTIONS BY THE ABOVE DATE W ILL RESULT IN A FEE OF $130, FAILURE TO RETURN THE MAILBACK CARD WILL RESULT IN A FEE OF $50. ture Print Name Title FILE #: ~9lv / CLEARED L~~ ~0 Page ~ of DESCRIPTION OF WORK TO BE PERFORMED- `~'J~IVI~ W\.Ci !~/~-~l[.~I..1,6.\JJD ~ fYli`-CJ-c-r-~ A COMPLIANCE INSPECTION WILL BE MADE ON OR ABOUT IF YOU HAVE ANY QUESTIONS, CALL 765-4040 INSPECTOR: ~ RECEIVED BY: Perini[ Application ^ Yes ^ No FQ11~114A Rev. 10!98 TITLE: FILE #: 1910 7 ~~~ Page 3- of 3 CLEARED VIOLATION DESCRIPTION OF WORK TO BE PERFORMED - -- e~rnJ A COMPLIANCE INSPECTION WILL BE MADE ON OR AB OUT IF YOU HAVE ANY QUESTIONS, CALL 765-4040 INSPECTOR: - RECEIVED BY: Penni[ Application ^ Yes ^ No TITLE: FRtE-114A Rev. lONB ~ n ~Ai/.t7/Iio ~ d-9 ~w ..-... ATTACHMENT -ITEM N0. 8 MEMORANDUM CITY OF ANAHEIM Code Enforcement Division DATE: OCTOBER 20, 2004 TO: JOHN RAMIREZ, PLANNER FROM: LINDA C. EAVES, SENIOR CODE ENFORCEMENT OFFICER SUBJECT: INSPECTION OF 2230 W. COLCHESTER, OCTOBER 14, 2004 The results of my inspection revealed the following Anaheim Municipal Code violations at the property: The number of chairs in Victory Outreach ([Jnits #1-5) number 158. For more detailed information regarding the evening activities of the church aze outlined in my memo of October 12, 2004. In that memo, I incorrectly noted the church to be in Units #1-4. The church occupies the Units as noted above. The occupants of Units #6 -8 aze the OC Recovery Center and Thrift Store. There is one jukebox in Unit #6 & 7,~and Unit #8 has 7 amusement devices, 2 pool tables, and 1 jukebox. A check of Tidemazk does not show that any fees aze being assessed for the amusement devices. For more detailed information regazding the evening, activities sponsored by the OC Recovery Center and Thrift Store, a Comedy Club, aze outlined in my memo of October 12, 2004. In that memo, I incorrectly noted the Comedy Club to be in Units #5-& 6. The Comedy Club was operating in Units 6 & 7. The fence at the reaz, fronting on Colony Street, is not permitted due to the installation of chain link atop a 48" high block wall fence. The chain link is in disrepair at the NWC and in several places along the lineaz length. The chain link fence was installed sometime between April 1997 and October 1997, indicated by photographs taken during inspections conducted my Code Enforcement during 1997. When the chain link fence was installed, the caps of the block wall were removed and remnants of mortaz remain., as do the exposed cells of the top blocks. The asphalt at the reaz is in disrepair, containing deep crevices and holes. This presents a potential hazard of tripping or falling to persons walking in the azea. This condition is most appazent between Units # 2 & 3 and Units #13-16. ® An unpemutted wooden enclosure has been erected behind the El Encanto Bar. It is used to store recyclable beer bottles and cans. M2230Colchestcr.doc PAGE 2 of 2 2230 COLCHESTER, OCTOBER 14, 2004 INSPECTION ® Two exterior lights at the reaz exits (Units #7 & 8) aze considered electrical hazazds. One of the lights is hanging from its wires.. The other light is missing and the electrical connection is open and exposed to the elements. ® Refuse and waste and outdoor storage is evident behind many of the Units. ® The premise numbers (2230) for the buildings aze missing, and each Unit needs to be properly identified by number. ® A plastic trash barrel is located in front of Unit #6. Some other form of receptacle for refuse and waste would be more appropriate. ® There aze possible NPDES violations at the site. It appeazs when cleaning the interior Units; wastewater is being dumped out onto the reaz pavement as evidenced by residue and etching of the asphalt. Such waste could possibly enter the public sidewalk and street. ® The two business licenses for Unit #9, BUS 2002-04302 (Nail Salon) expired November 15, 2003 and BUS 2002-04471(Independent Hair Stylist) expired December 1, 2003. If you desire additional information regazding the results of my inspection, please feel free to contact me at extension 4472. Thank you. M2230Colchester.doc ATTACHMENT -ITEM N0. 8 MEMORANDUM CTTY OF ANAHEIM Code Enforcement Division DATE: OCTOBER 12, 2004 TO: JOHN R AMTRRZ, PLANNER FROM: LINDA C. EAVES, SENIOR CODE ENFORCEMENT OFFICER SUBJECT: 2230 W. COLCHESTER, EVENING STTE INSPECTION, 10-8-04 On Friday night, 10-8-04, I went to the subject property and inspected for the impact the various uses have on the surrounding neighborhood during the evening hours. I was at the property from 9:30 PM to 11:00 PM. The following are the results of my inspection: EVENING ACTIVITIES: The Comedy Club (Units #5& 6) was open. Admission was free. There were between 35 to 40 persons inside. Aside from stand-up comedians, no other form of entertainment was noted. The smell of cigarette smoke was not appazent inside the club. Refreshments were available from a counter area located neaz the rear exit of Unit #5. My concern, sitting in the darkened club, was the possible lack of sufficient exits, should a fire arise. The hodgepodge arrangement of the furniture, consisting of old overstuffed couches and chairs, folding chairs, and what appeazed to be two, covered pool tables could present a safety issue. The pazking spaces in front of the Victory Outreach church (Units #1-4) were full, and two (2) passenger vans from the church, identified by permanent lettering on the sides of each vehicle, were parked in the turning radius for the designated pazking spaces, prohibiting legally pazked vehicles from exiting or entering. After the church service, the children used the pazking lot as a footbalUplay field. The noise at 11:00 PM, from the children screaming and n,nning azound, was quite substantial. I was unable to determine the number of persons at the service. The El Encanto Bar (Units #10-12) had both of its doors open. The jukebox music was audible at the senior citizen's apartment pazking azea, directly across the center's pazking lot. The music did not play continually; only when patrons deposited the necessary coins. The baz did have the required security guard on the premises. There were approximately 15 patrons inside. The smell of cigazette smoke was not appazent inside the bar. 2230 W. COLCHESTER SITE INSPECTION PAGE 2 of 2 2230 W. COLCHESTER, SITE INSPECTION • The Igreja Brasileira de Anaheim Cultos church (Units #13-16) was open. Inside, adults and children were having sandwiches and beverages. I was unable to determine the number of persons at the location. OTHER PARKING COMMENTS: • Three of the total designated parking spaces were open for pazking. The open spaces were located at the south end of the center, neaz Units #13-16. • Pazking was not available on the public street. If you have any additional questions regarding this site inspection, please feel free to contact me at extension 4472. Thank you. 2230 W. COLCHESTER, Srl'E INSPECTION ATTACHMENT - ITEM N0. 8 MEMORANDUM CITY OF ANAHEIM Code Enforcement Division DATE: JUNE 18, 2004 TO: JOHN RAMIREZ, PLANNER FROM: LINDA C. EAVES, SENIOR CODE ENFORCEMENT OFFICER SUBJECT: CODE ENFORCEMENT HISTORY AT 2230 W. COLCHESTER DRIVE The subject property, formerly addressed as .821 S. Brookhurst, was originally zoned R-3, Multiple Family Residential, but Reclassified to C-1, Neighborhood Commercial in 1959. The center was constructed in 1960, and consists of two, single-story buildings, each containing 8 units, sepazated by a corridor containing the electrical meters. The reaz of the building fronts onto Colony Street and has a lazge open azea n,nn;ng the length of the building, enclosed by .a block wall and chain link fence combination. Since the Reclassification, there have been Zoning actions on the property. The only remaining CUP #1662, granted in November 1976, permits on sale liquor in a Lodge, and Variance 1323 for the sale of beer and wine in conjunction with a restaurant. A church was previously permitted in 1993, CUP #3649, which expired in December 1995. Review of Code Enforcement records indicates an extensive history of involvement at the property dating back to 1984. Numerous requests for service involved: nuisance violations i.e. refuse and waste, inoperative vehicles, discarded furniture, landscape maintenance, graffiti; sign code violations; alterations to the interior premises without first obtaining building permits; persons living in a ciimmerckal space; persons living in a camper in the parking lot; vagrants drinking alcoholic beverages,. sleeping, urinating and defecating at the rear of the center,• and amusement device and entertainment permit requirements. The current Code Enforcement case was generated from a citizen's request for service in early 2002.. The citizen. was" concerned about .the .evolution of an existing thrift store into a 12-Step Recovery.Program,'the overall condition of the property, the type of persons congregating at the center,.and concerns. about smoling insidethe building. Throughout 2002, Code Enforcement continued to receive numerous citizens' requests for aervice relating to the use of the center. Requests for service involving nuisance violations and the need for an entertainment permit were investigated, appropriate notices issued, and the violations.abated. Violations pertaining to the overall maintenance, and activities being conducted at the center, continued. M763LE.DOC CODE ENFORCEMENT HISTORY AT 2230 W. COLCHESTER DR. PAGE 2 OF 4 On June 10, 2002, a Final Notice of Violation and Order to Comply letter was sent to the property owner, Mr. Chris Diruggiero, outlining the various actions that would be required to bring the property into compliance (i.e. resurface parking lot, repair broken concrete bumpers, enhance existing landscape, site screen roof mounted air conditioning, replace broken, unsightly exterior lighting, and replacement of missing sign panels in existing signage). In August, a re- inspection revealed that only the issues pertaining to the parking lot had been abated. Due to the lack of progress in bringing the property into compliance, a request for an office conference was generated on August 7, 2002. It is in this memo there is mention of a church operating in the center without a valid CUP. The office conference was held on September 12, 2002. Code Enforcement, the Deputy City Attorney, the property owner, Mr. Chris Diruggiero, .and his attorney, Mr. Curd, were in attendance. At that time, the violations noted in the June 10, 20021etter were discussed, as was the need for both the church and the Orange County Recovery Center, to apply for and obtain a CUP for operation, as required in the Anaheim Municipal Code. The owner was given 60 days to bring the property into compliance. On October 22, 2002, the attorney submitted a letter outlining that all of the violations in the June 20021etter had been abated. On November 20, 2002 afollow-up inspection was completed. The inspection confirmed the prior violations noted in the June letter had been abated; however, new violations were observed. The church and Orange County. Recovery Center were still in operation. On November 25, 2002, a Notice of Violation and Order to Comply letter was sent to Chris DiRuggiero, outlining the additional violations observed at the property, and reiterating a CUP would be necessary for the two unpermitted uses or they would need to cease operation. In a letter to Code Enforcement, dated December 4, 2002,_the property owner's attorney noted that his client would take Gaze of the property maintenance issues; however, he did not have control over the tenants, but wanted to cooperate with the City. Mr. Dimggierio had advised the tenants to take any necessary actions regazding the CUP process and to deal with the City directly. At this time, there was only one church (Ministerio Impacto Nuevo Alcance Victoria) and the Orange County Orange County Recovery Center at the property. 1n December 2002 and January 2003, persons responsible.for the church (Pre-File #2002-00152) and the Orange County Recovery Center (Pre-File #2003-0005) respectively, came into the Plamting Division and submitted Pre-File applications. At that time, it was .also detemuned the owner of the property would also require a CUP, as his center met the definition of a Commercial Retail Center (Section 18.01.040), with 3 or more commercial uses operating in the center. Pre-File comments also addressed other issues: prohibition of chain link fencing at the. reaz, site screening of roof mounted equipment, landscape requirements, and pazking issues. M763LE.DOC CODE ENFORCEMENT HISTORY AT 2230 W. COLCHESTER DR. PAGE 3 OF 4 ' - Throughout 2003, Chris Powell, operator of the Orange County Recovery Center, when asked by Code Enforcement about the processing of the paperwork for the CUP, indicated he was waiting for the owner to complete the remaining items. This was confirmed in a conversation on April 16, 2003, with the property owner, who stated "had his guy working on it". The owner continued to assert that he did not have to obtain a CUP for operation of the center. In April 2003, Code Enforcement, during an inspection, determined that there was an additional unpemutted use in Unit #15. The unit was being used for off-site storage for a hair products vendor operating at the Orange County Swap Meet. A check of City of Anaheim Utility records indicated the tenant had been at the site since 1989. 1n July 2003, I inspected the property and observed graffiti on the south side of the building. Signs above the units indicated there were now three unpemutted churches (Victory Outreach [Units #1-4J, Iglesia Ministerio Impacto NuevD [Units #13 & 14], and Igreja Brasileira de Anaheim Cultos [CJnit #16]), and the Orange County Recovery Center operating at the location. As viewed from the front windows, it appeazed that tenant improvements (doors cut though common walls) had been completed in Units #6-8, and other tenant improvements were being completed in Unit #5. This confirmed Chris Powell's eazlier statements that he was planning on downsizing the Orange County Recovery Center from 5 to 3 units. A check of Planning Division records indicated permits had not been obtained for the interior tenant improvements, and additional CUP application materials had not been submitted to the City. Additional violations, that had not been previously addressed, involved an abandoned freestanding sign fronting W. Colchester, and an abandoned sign over Units #10-12, both for the Bazbary Coast Cabazet. According to City of Anaheim records, the Barbary Coast last operated in 2000. In October 2003, I inspected the property and found the center operating with the same uses noted in my previous inspection in July 2003. The appeazance of the center had improved. The landscaping .throughout was well maintained and the pazking azea had been re-slurried and striped, and the trash enclosure had been refurbished. The graffiti on the south side of the building, first observed in July, remained. Throughout .the remainder of 2003 and eazly 2004, City staff maintained contact with the property owner's attorney, through written correspondence and one meeting with the Planning Director, Sheri Vander Dussen, and Selma Mann, Deputy City Attorney, in December 2003. The content of these communications were aimed at overcoming objections to filing of the necessary CUP's to bring the center into land use conformity. Code Enforcement received a call from a concerned citizen in February 2004 about the expansion of the center to include a comedy club. It was reported that there were in excess of 90 attendees during one weekend event. The noise associated with the .event and the parking problems for surrounding residents were reported to be quite disturbing. M763LE.DOC CODE ENFORCEMENT HISTORY AT 2230 W. COLCHESTER DR. _ PAGE 4 OF 4 On June 16, 2004, Code Enforcement inspected the property and observed the landscaping in the front of the center adequately maintained; the previously abandoned signs from'the Bazbary Coast had been replaced with ones reflecting the new bar, "El Encanto"; and the pazking lot was clean, as was the trash enclosure azea. There was a shopping cart filled with trash at the most northeast corner of the property and one of the fluorescent light covers in front of the baz was missing. The corridor between the buildings had minor litter. The reaz of the property, fronting onto Colony St., was not adequately maintained. The area between the rear access doors and the block wall, topped with chain link fencing contained a significant amount of discarded furniture and refuse and waste consisting of: drywall, shelves, chaos, a refrigerator, a spa cover, vacuums, boxes and other debris. The chain link fence was broken and bent at the northwest comer of the azea, and one of the 4 gates leading into the azea, from the public sidewalk along Colony St: was broken. The asphalt in this area had crevices, holes, and cracks and was considered in several azeas to be hazazdous to persons walking there. Several of the light fixtures at the reaz access doors were deteriorated and in need of repair (i.e. lacking protective covers, hazardous wiring). There also appeared to be unpermitted, exterior improvements (possible plumbing connections) in Unit #3, but this would have to be confirmed by a building inspector. Prior to the inspection of June16, 2003, a check of City of Anaheim Utility records for Unit #15, the previously unpennitted, off-site storage for a hair products vendor operating at the Orange County Swap Meet, had terminated service on May 11, 2004. The new customer in the unit was Iglesia Ministerio Impacto Nuevo. This church now occupies Units #13-15. The rear access door was open and I could see freshly painted walls. There were boxes of what appered to be floor tiles just inside the entrance. I heazd workers hammering inside. I was unable to gain the workers' attention to inquire what type and extent of work was being performed inside. We aze working with Fire and Building staff to ensure code compliance with all life and safety issues located within the building. If you have any additional questions, please feel free to contact me at extension 4472 M7b3I:E.DOG LVU. `J ti d v 9 ry m ~ m w c m L° ~ o] rn E U a ~ ~ .,LC a O ~ N ~v ~ ~ ~m rncv c a w gm -v A E c m a '9 0 Y rn ~ m O Q yy 2 Q U' 41 m 41 W UI 2 ~ Q W frl N m ~_-~-"^. Orangelhorpe ~ Avenue ~ r La Palma Avenue Crescent Avenue Lincoln Avenue Orange - Avenue Ball ~y Road t Cerritos J- Avenue Kalella Avenue Orangevmod Avenue Chapman Avenue Redesignate lmm a MajorArtena to a Pnmarv Artena/ Hiohu Redesignate /mm a Resort fo a MaiorArrenal Hi a ~ N 'mJ F N ~ C 7 v ~ §~n 3a' mm o"¢ tea' Redesignate /mm a .ee ro a Pn'mary. we y~~5 rhway l Rer --7 ' rt Slraet Y _ .-.l L aw a} (~ N m aJ O o- ~v ZN Na/orArtenal nrgnway ~nenal Highway 1 late Imm a MajorAnenal a Pnmarv Adenal Hlahw oerrii `m m 9 N L N y ~ 'u v ~m ym f3 W in ZU1 3m Sm m N m -. m 2 lrt J rrl N fL General Plan Amendment No. 2004-00422 Subject Property Date: January 10, 2005 Scale: Graphic Requested By: CITY OF ANAHEIM Q.S. No. nla REQUESTS AN AMENDMENT TO THE GIRCULATION ELEMENT OF THE GENERAL PLAN TO (A) REDESIGNATE A SEGMENT OF LINCOLN AVENUE.BETWEEN STATE COLLEGE BOULEVARD AND THE WEST CITY LIMIT FROM A MAJORARTERIAL HIGHWAY TOA PRIMARYARTERIAL HIGHWAY, (B) REDESIGNATE SEGMENTS OF STATE COLLEGE BOULEVARD BETWEEN THE RIVERSIDE (SR-91) FREEWAYAND LINCOLN AVENUE AND BETWEEN BALL ROAD AND CERRITOS AVENUE FROM A MAJOR ARTERIAL HIGHWAY TO A PRIMARY ARTERIAL HIGHWAY, (C) REDESIGNATE A SEGMENT OF KATELLAAVENUE BETWEEN WALNUT STREETAND THE WEST CITY LIMIT FROM A RESORT SMART STREET TO A MAJOR ARTERIAL HIGHWAY, AND (D) AN AMENDMENT TO THE TEXT OF THE CIRCULATION ELEMENT RELATING TO "FUTURE LEVEL OF SERVICE",AND (E) AN AMENDMENTTO THE TEXT OF THE CIRCULATION ELEMENT TO INCLUDE A REFERENCE TO THE SANTAANA CANYON ACCESS POINTS MAP. REQUESTS AN AMENDMENT TO THE TEXT OF THE NOISE ELEMENT OF THE GENERAL PLAN PERTAINING TO EXTERIOR NOISE STANDARDS FOR RESIDENTIAL PROJECTS. Property is located citywide (no specific acreage known and no specific address given) D 7633 a W N v °-' m o Y m ,_ Sr3089ey Element, Figure LU-4), a traffic'i are°projected'to operate at an w The analysis also identifies a pn congestion at those intersection inte~sectfon improvements that'i Roadway Network (Figure C-1 ) `int m~ sort (S 'P (ia) in orcer to raculrare pro)ec[s mat are attracuvery aesignea wnne main[ainu of life standards, the following modifications to the text ofthe Noise Elemf effort to prevent noise standards from negatively influencing the design of projects (e,g., requiring extensive use of plexiglass on exterior baldonies' highways). The following;~evisions to the Noise Element!are proposed: I "TableN-3, Statebf Califdmia Interior'and Exterior Noise Standard: State interior and exterior noise standards for varying land uses. If i Amendment No. 2004-00422>and for future discretionary actions desi Impact Report No.330, including follow=up actions o correct errors al General;Plan where necessary. (16) Staff has. prepared an Initial Study for the proposed amendments Iiste this staff'report and has determined that: FEIR No. 330, previously cer for the General Plan and Zoning Code Update and'. related projects, is required environmental documentation'for the Proposed Action desc2 5, 7, 9, 1',1 and 13 of this staff report and satisfies all the requirements further environmental documentation need be prepared for the Propo [DRAFT] RESOLUTION NO. PC2005- A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT GENERAL PLAN AMENDMENT NO. 2004-p0422 PERTAINING TO THE CIRCULATION AND NOISE ELEMENTS OF THE ANAHEIM GENERAL PLAN WHEREAS, on May 25, 2004, the City Council of the City of Anaheim approved a comprehensive update to the Anaheim General Plan by Resolution No. 2004-95, and that said plan maybe amended from time to time; and WHEREAS, since the adoption of the General Plan update, staff has identified minor errors and omissions and the need to clarify certain provisions of the Circulation and Noise Elements; and WHEREAS, the City has initiated the following amendments to the Circulation and Noise Elements of the Anaheim General Plan: Amendments to the Circulation Element of the General Plan to the following street segments (i) Lincoln Avenue between State College Boulevard and the west City limit from a Major Arterial Highway to a Primary Arterial Highway, (ii) State College Boulevard between the Riverside (SR-91) Freeway and Lincoln Avenue from a Major Arterial Highway to a Primary Arterial Highway and (iii) State College Boulevard between Ball Road and Cerritos Avenue from a Major Arterial Highway to a Primary Arterial Highway and (iv) Katella Avenue between Walnut Street and the west City limit from a Resort Smart Street to a Major Arterial Highway. 2. Amendments to the text of the Circulation Element of the General Plan (i) modifying language pertaining to "Future Level of Service" and (ii) to include a reference to the Santa Ana Canyon Road Access Points Map. 3. An amendment to the text of the Noise Element of the General :Plan pertaining to exterior noise standards for residential projects. WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 10, 2005, at 2:00 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, to hear and consider evidence for and against said General Plan 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 amendments are necessary to remove inaccuracies in the General Ptan and to maintain consistency between the goals and policies of each of the Elements of the General Plan. 2. That the redesignation of portions of Lincoln Avenue and State College Boulevard from a Major Arterial Highway to a Primary Arterial Highway will provide the required number of lanes (six (5)), while lessening potential acquisition impacts on adjoining land uses. 3. That the current and planned capacities of these roadways will remain under the proposed designations on the Circulation Element due to the anticipated provision of six travel lanes. 4. That the redesignation of a portion of Katella Avenue from a Resort Smart Street to a Major Arterial Highway will correct an inadvertent error that was included in the recently updated Circulation Element. Cr\PC2005-00 -i- PC2005-00 5. That modifications to the text of the Circulation Element pertaining to the typical design of intersection approaches for Primary and Major Arterial Highways and references to the Santa Ana Canyon Road Access Points map are necessary to accurately reflect current design standards and historic vehicular access restrictions. 6. That modifications to the text of the Noise Element are necessary to facilitate future infill residential projects that are attractively designed while maintaining acceptable quality of life standards. 7. That XX indicated their presence at said public hearing in opposition; and that XX correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to amend the Circulation and Noise Elements of the General Plan to redesignate certain street segments and make various revisions to the text; and did recommend, by motion, that the City Council, based on its independent review of the Initial Study prepared in connection with the proposed General Plan Amendment No. 2004-00422 and unless additional or contrary information is received during the public meeting, find and determine, based upon said Initial Study and any evidence received at the public meeting, that no additional significant effect will result from the proposed modifications, no new mitigation measures or alternatives will be required, and that the proposed General Plan Amendment No. 2004-00422 is within the scope of the Final Environmental Impact Report No. 330, and that the previously-certified Final EIR No. 330 for General Plan Amendment No. 2004-00419, which was a comprehensive update to Anaheim General Plan, is in compliance with the California Environmental Quality Act ("CEQA") and the State and City CEQA Guidelines and is adequate to serve as the required environmental documentation for the proposed Amendment and satisfy all the requirements of CEQA; and that no further environmental documentation need be prepared for the proposed General Plan Amendment. NOW, THEREFORE, BE IT RESOLVED that pursuant to the above findings, the Anaheim Planning Commission does hereby adopt and recommend to the City Council of the Ciry of Anaheim adoption of General Plan Amendment No. 2004-00422 pertaining to the Circulation and Noise Elements of the Anaheim General Plan. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 10, 2005. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) PLANNING COMMISSION I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on, January 10, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2005. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -2- PC2005-00 papa uNWeO leo~ papa udWVp wnptl6~ °~b 0r oeaa uvNm~ANN IuoWgej l r Wenolnog \* ., .~ ~ .~ ~.. , , ~ ~ ~ ~6 Re~v4bli Ivyotlwl °~ ~y _b u uouayx uu rAn rum 'antl WVnl z~ r 1 wWL4 SNOW ~r WpN11109 , -- .7 lYWppll t..a. ~ .... ~.... ... n .: rq ~. .. e1WSwpa vBVpo~ ewy wets Wei RVB YppwW n9 umw~ ~WN61001pN Pen,G wrwr3 wW6 ~ SUxa x:. w. ~ .~ WtlVMVV+6 rc .ps ,k`ia' , ,= AtiX(r wY$` . :~ i iF~~ ~n - Ye@I~J k 9 t ~ ~ ~ t ~'1 r vpouOVW =1 ~ rr ':! p- erewnv ~ ,~ t a ~„ 'ave w•e9 ~~ ~, i.. 3i1 wvum54N G ~ e ~ rt a : ~ wens . IwuN [.y ~ ~ ,. L p gg ~ @ ~ a 9< ~< 3a ~< ~e 3a b< 5a~ 4a ~ N T N L ' O C O_I = O m m _T U d Q ~ ~ N t N n m d c Q ~ fn lL o ~~ I ~ Y ~ I ci""J wewppa e9eupo u wws ivweH Wevvlnpg +vNVN wWLS W4H wens YPpN wens wens pooWnN wws WpwuwB pnuapy e0oubvW vwuy ewa we wmve wevg p11Yp1tl uwwgy~ wvls neeN ATTAOHMENT - ITEM N0. 9 Existing ®esignations of Subject.~.rtea~ial Highways Q E m L' m .m_. U Orangetho Avenue la Palma Avenue Crescent Avenue Lincoln Avenue Orange Avenue Ball Road Cenitos Avenue Katella Avenue Orangewo Avenue Chapman Avenue m ;° o c t t.- m 5 m m n m a i ~ m m ~ E ~ "m a ` m ~E m `m m 0 U > Y m m m m General Plan Amendment No. 2004-00422 Existing Figure 2 1633 2 m ~ .o .. E mrnE m m m m m ~° o °-' -C-m N,@c 'r5 ?~ m c ~c mm ~m m ,a_m Sv .~@m mm -`m v mm mm YVl SQ mm OQ ~Q ~v) mN Zu) WU) ZN 5N 2m =N ,mj V) Nm ATTACfIriENT -ITEM N0. 9 Proposed ®esiglnatioras of Subject Arterial Highenrays a' i- m m er5 02ngethc Avenue La Palme Avenue Crescent Avenue Lincoln Avenue Orange Avenue Bell Road cemroa Avenue Ketella Avenue Orangewa Avenue Chapman Avenue m ~ C~ m N x m a i ~ m m m E o ~ N a m y o r ` w a ~ °i d9 E 'w v~ a m U> Ym ~. d N =~ General Plan Amendment No. 2004-00422 Exhibit A Figure 3 1633 E m Q~ ~ E mE Y. @ .y@ C ~ m m~ l0 C ~~ C~ O m 9 m m m 0 0 m m N m ~ Y V1 S Q m m O Q ~ Q U' rA mv) Z N LLl V1 2 v1 5 N 2 N~ S rn ~ N VJ m ITEM N0. 10 T C-G v ~L. SYCAMORE JUNIOR TR~~t RGL eae4nr a HIGH SCHOOL (yE S cc vAR 1074 s gYGPMO pENTIBTOFFiCE OFFICG LOG ~ SYCAt RCL6Y62-3fi' 0 AOJ 2681-0021 ~' C-G OFFICE SLOG ~ RCL 91-92-6 W Ov EpGN G 1PDU 7 G G 2 VPR A69 , RCL 61-fi2.43 I-- RS-2 SMALL SHOPS ~ 1 DU EACH cc ON 1 Conditional Use Permit No. 4163 TRACKING NO. CUP2004-04932 REDWOOD AVE - - - RS-2 a~LL 1 DU EACH "~~~ J na m ~ u ~ 6i ~E - o O ~ $ n ~ ° a Q 44oi cN m rva~ ~ J ~ aa ~ ¢ ° Fy „ ~ D7 i iA W ~ ~ C7 W ~ 196 J ~ U W f- Q O-L-_. -16 U) °N~oe y L?n ea¢¢o V ip~ JQES (IVUU>NN Kp C-G RCL 70-71-15 RCL SB-59-705 T-CUP 200404867 CUP 7347 ADJ 0055 CAR WASH c-c VAR 4154 c? V RCL 61-fi2.30 CUP 2793 SOUTH REDWOOD DR RS-2 1 DU EACH BANGOR WAY RS-2 7 DU EA BLANCHARD AVE w > ~ 3 u) 7 U 3 2 -. U W -- ~0 Subject Property Date: January 10, 2005 Scale: 1" = 200' Requested By: SOUTHERN CALIFORNIA ALCOHOL O.S. No. 102 AND DRUG PROGRAMS, INC. REQUESTS REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A CONDITION OF APPROVAL PERTAINING TO ATIME LIMITATION (APPROVED MAY 7, 2001, TO EXPIRE MAY 7, 2004) TO RETAIN A SUBSTANCE ABUSE RECOVERY CENTER FOR WOMEN AND THEIR DEPENDENT CHILDREN. 321 North State College Boulevard 1634 TTF.M Nn_ 10 Sta1 Plai Jan Iten 10a.' CEQANEGATIVEbECLARATIONYPREVIOUSLY-APPROVED) 10b.r' CONDITIONAL USE PERMITNO:'4163 (TRACKING NO. CUP 2004=04932) s SITE LOCATION AND DESCRIPTION: (1) This irregularly-shaped, 084-acre propertq,has a frontage of 91 feel State College Boulevard, has a'maximum depth of 196 feet, and is of the centerline of Redwood Avenue (321'rNorth State College,Bou REQUEST: (2) The petitioner requests reinstatement of this permit by the modifica condition of approval pertaining o a time limitation (approved on M3 7, 2004) toretain a substance abuse recovery centerfor women an children. :BACKGROUND: (3) This property is currently developed with two (2) multi-family apartrt total) and asingle-family residence that are utilized as a substance: for women and their dependent children. The property is zoned.T( Anaheim General Plan Land Use Element Map designates this; prod Residentia(7and uses: (41Cnnditinnal'IJse Permit No 4163 (to permit a suhstance abusei'ecl 'C.[tIIIC VII UCVCIIIUCI. V, GVVV. VII IVIGY I,GUV I, qIG rlalll lllly VVUUU100w1 reinstatement of the permit for three (3) years to expire on May7, 2004. No.PC2001=59 contains the following condition of approval:, "1. That this use permit shall expire three (3) years from the date of May 7, 2004.'! DISCUSSION: (5} The petitioner has submitted a request to reinstate Conditional Use Perrr retain the substance abuse recovery center. In conjunction with he reinsi petitioner requests that Condition No. 1 be'modified to allow the continue .facility without furthedtime limitations. i (6) Ih order to demonstrate that the findings required for'reinstatement of thi: been satisfied, the petitioner has submitted the attached Justification for`. form indicating that the physical'aspects of the property remain3he same approval have been complied with, and that surrounding land uses in the' have not changed. (7) Code Enforcement Division records indicate that there are no outstandinj pertaining Yo this property. The photograph on the following page and rei inspections indicate the property is being maintained;properly. Sr8830dh.doc a1 l !f (c) That the size and shape of the site for the use is adf development of he proposed use in'a manner not d area or to the health and safety; (d) That the traffic generated by the modified use will n upon. the streets and highways designed and impro4 area; and [DRAFT] RESOLUTION NO. PC2005- A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2001-59 ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT N0.4163 - (321 NORTH STATE COLLEGE BOULEVARD) WHEREAS, on December 6, 1999, the Anaheim Planning Commission did, by Resolution No. PC99-213, grant Conditional Use Permit No. 4163 to permit a substance abuse recovery center for women and their dependent children; and that Condition No. 18 specified that the conditional use permit shall expire one year from the date of this resolution on December 6, 2000; and WHEREAS, on May 7, 2001, the Anaheim Planning Commission did amend Resolution No. PC99-213, in its entirety reinstating the permit for an additional three (3) years and adopted Resolution No. PC2001-59; and WHEREAS, Resolution No. PC2001-59, adopted in connection with subject use permit includes the following condition of approval: "1. That this use permit shall expire three (3) years from the date of this resolution, on May 7, 2004." WHEREAS, the petitioner has requested reinstatement of this conditional use permit, which expired on May 7, 2004, to retain the substance abuse recovery center for women and their dependent children; WHEREAS, this property is developed with two multiple-family apartment buildings (totaling 10 units) and a single-family residence that are utilized as a substance abuse recovery center far women and. their dependent children; that the property is zoned T (Transition) and the Anaheim General Plan Land Use Element Map designates this property for Low Density Residential land uses and the property is situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF LOT 7 OF ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM, ACCORDING TO THE MAP OF SURVEYS MADE BY WILLIAM HAMEL, ACKNOWLEDGED BY ALFRED ROBINSON, TRUSTEE AND ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF PLACENTIA AVENUE WITH THE CENTERLINE OF THE RIGHT OF WAY OF THE ANAHEIM UNION WATER COMPANY, AS SAID RIGHT OF WAY WAS ESTABLISHED BY A JUDGMENT RENDERED BY THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF ORANGE, IN AN ACTION ENTITLED "ANAHEIM UNION WATER COMPANY, A CORPORATION, PLAINTIFF VS. H.F.S. SCHNEIDER, ET AL, DEFENDANTS", CASE NO. 6468, A CERTIFIED COPY OF SAID JUDGMENT HAVING BEEN RECORDED IN BOOK 281, PAGE 126 OF DEEDS; THENCE NORTH O° 07' 25" EAST ALONG SAID CENTERLINE OF PLACENTIA AVENUE, 91.5 FEET; THENCE SOUTH 81° 43' 35" WEST PARALLEL WITH THE CENTERLINE OF SAID RIGHT OF WAY OF THE ANAHEIM UNION WATER COMPANY, 156 FEET; THENCE NORTH 0° 07' 25" EAST PARALLEL WITH SAID CENTERLINE OF PLACENTIA AVENUE TO THE SOUTHERLY LINE OF THE LAND CONVEYED TO J.F. BURGESS AND WIFE., BY DEED RECORDED IN BOOK 1666, PAGE 467 OF OFFICIAL RECORDS; THENCE SOUTH 74° 33' 10" WEST ALONG SAID SOUTHERLY LINE TO AN ANGLE POINT THEREIN; THENCE SOUTH 0° 36' 25" WEST 225 FEET TO THE MOST SOUTHERLY CORNER OF SAID LAND CONVEYED TO BURGESS, SAID SOUTHERLY CORNER BEING ALSO IN THE CENTERLINE OF SAID RIGHT OF WAY; THENCE NORTH CR\PC2005-00 -1- PC2005-00 81° 43' 25" EAST ALONG SAID CENTERLINE 253 FEET, MORE OR LESS TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE PORTION INCLUDED WITHIN THE RIGHT OF WAY OF THE ANAHEIM UNION WATER COMPANY. SAID LAND IS SHOWN ON A MAP FILED IN BOOK 20 PAGE 29 OF RECORD OF SURVEYS 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 January 10, 2005, at 2:00 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. 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 all physical aspects of the property and premises remain the same as when this use permit was originally approved and subsequently amended; and that surrounding land uses in the :immediate vicinity have not changed. 2. That this use permit is being exercised in substantially the same manner and in conformance with all conditions of approval. 3. That field inspection by Planning Department staff indicates that the property is in compliance with all the conditions of approval. 4. That reinstating this use permit, under the conditions imposed, will not adversely affect adjoining land uses and the growth and development of the area in which it is located. 5. That amendment of the time limitation is necessary to permit the continued reasonable operation of this use under the use permit as previously granted. 6. That indicated their presence at the public hearing in opposition to the proposal; that concerned person spoke; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to reinstate this conditional use permit to retain a substance abuse recovery center far women and their dependent children at 321 North State College Boulevard; and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 4163 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the previously approved Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby amend, in its entirety, the conditions contained in Resolution No. PC2001-59 to read as follows: That this use permit shall expire three (3) years from the date of this resolution, on January 10, 2008. 2. That no signs shall be permitted for this facility. 3. That all existing and proposed landscaping shall be maintained and replaced in the event that it becomes diseased or dies. -2- PC2005-00 4. That the existing playground equipment shall be maintained a minimum of fifteen (15) feet from the south and west property lines. 5. That this facility shall be limited to a maximum occupancy of forty-four (44) patrons (including a maximum of 17 adult women). 6. That on-site supervision shall be provided twenty-four (24) hours a day. 7. That existing trash storage areas shall be 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. The walls of the storage areas shall be maintained with plants such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers or tall shrubbery. 8. That an on-site trash truck turn-around area shall be maintained in accordance with Engineering Standard Detail No. 610 to the satisfaction of the Public Works Department, Streets and Sanitation Division. 9. That emergency vehicular access shall be maintained in accordance with Fire Department Specifications and Requirements. 10. That lockable pedestrian andlor vehicular access gates shall be maintained with "Knox box" devices as required and approved by the Fire Department.. 11. 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(Revison No. 1 of Exhibit No. 2), 3 and 4, and as conditioned herein. 12. That Building No. 2 shall be limited to the existing floor plan, consisting of two (2) 2-bedroom units and two (2) 1-bedroom units. 13. That residents shall not be permitted to drive or store their automobiles while residing on-site. 14. That this approval does not include the dispensing of medical treatment to the residents. 15. That this facility shall be specifically limited to a six (6) month stay residential substance abuse treatment program facility for pregnanUparenting adult women and their dependent children. 16. That playground hours shall be limited to 8:00 a.m. to 8:00 p.m. from September 1 to March 31 and 8:00 a.m. to 9:00 p.m. April 1 to August 31. 17. That should this facility cease to operate at this location, all residential structures shall be converted back to their original condition, including the number of bedrooms existing at the time of approval. 18. That the subject property shall be developed an maintained substantially in accordance with :plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1, Revision No. 1 of Exhibit No. 2, and Exhibits No. 3 and 4, and as conditioned herein.l9. 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 conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. -3- PC2005-00 BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 7 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. - -- THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 10, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and maybe replaced by a Ciry Council Resolution in the event of an appeal. ATTEST: CHAIRMAN, ANAHEIM PLANNING COMMISSION SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on January 10, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of .2005. SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2005-00 ATTACHMENT -ITEM N0. 10. PETITIONER'S STATEMENT JUSTIFIC,4TI0N FOR REINST,4TENIENT Section 18.60.180 of the Anaheim Municipal Code requires that requests for reinstatements or renewals of a time- limited permit shall be made in writing no later than six (6) months after the expiration date of the permit sought to be reinstated or renewed and must be accompanied by an application form and the required filing fee. 1. In order to reinstate or renew a permit, the facts necessary to support each and every finding for the original approval of the entitlement as set forth in the following excerpts from the Anaheim Zoning Code still exist: 18.66.060 (Relative to Conditional Use Permits) Before the approval authority, or City Council on appeal, may approve a conditional use permit, it must make a finding of fact, by resolution, that the evidence presented shows that all of the following conditions is required: .031 That the proposed use is properly one for which a conditional use permit is authorized by this code, or is an unlisted use as defined in subsection .030 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority); :032 That the proposed use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located; .033 That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to health and safety; .034 That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and .035 That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. 18.74.060 (Relative to Variances) Before any variance may be granted by the approval authority, or City Council on appeal, it shall be shown: .0201 That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; .0202 That, because of special circumstances shown in .0201, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. 2. Said permit or variance is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved;. 3. Said permit or variance is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfare; and 4. With regard only to any deletion of a time limitation, such deletion is appropriate because it has been demonstrated that the use has operated in a manner that is appropriate in the underlying zone and the surrounding area and that the periodic review of the use in no longer necessary and/or that it can be determined that, due to changed circumstances, the use is consistent with the City's long-term plans for the area In order to determine if such findings exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer the following questions fully and as complete as possible. Attach additional sheets if additional space is needed. 1. Has any:physical aspect of the property for which this use permit or variance been granted changed significantly since the issuance of this use permit or variance? Yes ^ No ~ // / Explain: ~'~~~ hA/~c 6PP<-~ /la G~A.Jy f S :~ TF<L ~z4°t•~~ ~u~~ ; ~cflo ~- d~38Z (over) CASE 2. Have the land uses in the immediate vicinity changed since the issuance of this use permit or variance? Yes ^ No © // / Explain: ~~2~ /~h4/>: 6~~ .clo cy.~,-ES '~ ~izo,~2'i7~s ~.s 3. Has .any aspect of the nature of the operation changed since the issuance of this use permit or variance? Yes ^ No Explain: ~2~~~0,~/ ~p rat: ~~e .mss ~,P~r/ioccs Cu Ps , 4. Are the conditions of approval pertaining to the use permit or variance being complied with? Yes® No ^ /~ // Explain: fi'GG Ca.~~~~.~o.cls L~f'2£'d,~L[s C'acP iy~2g Q~.,c.~• vse.~ 5. If you are requesting a deletion of the time limitation, is this deletion necessary for the continued operation of this use or variance? YesO No Explain: /C~a' i2Eae~~r: ~~ ~~~c~.G ~+r~ 7'-~+se ~i.-+~Tis Q The applicant for this request is: (.Property Owner Authorized Agent af£.ee/ ~l ~,da ~lco~L ~yaug ~/loS~Srvrral< Name of Property Owner or Authorized Agent (Please Print) 1 Signatur of Property Owner thorized Agent /d •-Z/- otG Date Reinstatement application.doc Revised 9/13/04 CUR - 4163 ATTACHMENT - ITi'.M N0, 10 FtESOLU71O1~1 NO. PC2001-59 A RESOLUTION OF THF_ ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4163 FOR THREE (3) YEARS TO EXPIRE MAY 7, 2004 WHEREAS, on December 6, 1999, Planning Commission adopted Resolution No. PC99- 213 to approve Conditional Use Permit No. 4163 and permit a substance abuse recovery center for women and their dependent children at 321 North State Coflege Boulevard; and that Condition No. 18 specifies that this conditional use permit shall expire one year from the date of this resolution on December 6, 2000; and WHEREAS, this property is developed with two multiple-family apartment buildings (totaling 10 units) and asingle-family residence that are utilized as a substance abuse recovery center for women and their dependent children; that the property is zoned RS-A-43,000 (Residential/Agricultur'I); and that the Anaheim General Plan Land Use Element designates this property for General Commercial and Low Density Residential land uses; and WHEREAS, the petitioner has requested reinstatement of this conditional use permit, which expired on December 6, 2000, to retain the substance abuse recovery center for women and their dependent children; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 7, 2001, 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. 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 fnd and determine the following facts: 1. That all physical aspects of the property and premises remain the same as when this use permit was originally approved and subsequently amended; and that surrounding land uses in the immediate vicinity have not changed. - 2. That this use permit is being exercised in substantially the same manner and in conformance with all conditions and stipulations originally approved, as required by Section 18.03.093.040 of the Zoning Code. 3. That field inspection by Code Enforcement staff indicates that the property is in compliance with all the conditions of approval. 4. That reinstating this use permit, under the conditions imposed, will not adversely affect adjoining land uses and the growth and development of the area in which it is located. 5. That amendment of the time limitation is necessary to permit the continued Treasonable operation of this use under the use permit as previously granted. 6. That no one indicated their presence at the public hearing in opposition to the proposal; that one concerned person spoke; and that no correspondence was received in opposition. Tracking No. CUP2001-04348 CR5083PK.DOC -1- PC2001-59 CALIFORNIA ENVI4ONMENT~L QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to reinstate tlr conditional use permit to retain a substance abuse recovery center for women and their dependent children at 321 IJorth State College Boulevard; and dees hereby find that the Negative Declaration previously approved in connection witl i Conditional Use Permit No, 4163 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the previously approved Negsdive 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 reinstate Conditional Use Permit No. 4163 for three (3) years to expire on May 7, 2004, to retain a substance abuse recovery center for women and their dependent children; AND BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby amend, in their entirety, the conditions of approval of Resolution No. PC99-213, adopted in connection with Conditional Use Permit No. 4163, to read as follows: 1. That this use permit shall expire three (3) years from the date of this resolution, on May 7, 2004. 2. That no signs shall be permitted for this facility. 3. That all existing and proposed landscaping shall be maintained and replaced in the event that it becomes diseased or dies. 4. That the existing playground equipment shall be maintained a minimum of fifteen (15) feet from the south and west property lines. 5. That this facility shall be limited to a maximum occupancy of forty four (44) patrons and shall comply with the applicable State of California permit requirements. 6. That on-site supervision shall be provided twenty four (24) hours a day. 7. That existing trash storage area(s) shall be maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. The walls of the storage areas shall be maintained with plants such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers or tall shrubbery. 8. That an on-site trash truck turn-around area shall be maintained in accordance with Engineering Standard Detail No. 610 to the satisfaction of the Streets and Sanitation Division. 9. That emergency vehicular access shall be maintained in accordance with Fire Department Specifications and Requirements. 10. That lockable pedestrian and/or vehicular access gates shall be maintained with "Knox box" devices as required and approved by the Fire Department. 11. 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 No. 1, Revision No. 1 of Exhibit No. 2, and Exhibit Nos.3 and 4, and as conditioned herein. 12. That Building No. 2 shall be limited to the existing floor plan, consisting of two (2) 2-bedroom units and two (2) 1-bedroom units. -2- PC2001-59 13. That residents shall not be permitted to drive or store their automobiles while residing on-site. 14. That this approval does not include the dispensing of medical treatment to the residents. 15. That this facility shall be specifically limited to a six (6) month stay residential substance abuse treatment program facility for pregnanUparenting adult women and their dependent children. 16. That playground hours shall be limited to the following: September 1 to March 31: 5:00 a.m. to B:00 p,m. April 1 to August 31: 8:00 a.m. to 9:OD p,m. 17. That should this facility cease ko operate at this location, all residential structures shall be converted back to their original condition, including the number of bedrooms existing at the time of approval. 18. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Gode and .any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. May 7, 2001. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of IOri~inffiI signed Dy JoPm ~oosD CHAIRPERSON. ANAHEIM CITY PLANNING COMMISSION Al-f EST: ICri~)nal si^aeti 6q Eleanor Fernandes) SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) - I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on May 7, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, NAPOLES, VANDERBILT NOES: COMMISSIONERS: KOOS ABSENT: COMMISSIONERS; NONE IN WITNESS WHEREOF, I have hereunto set my hand this day of 2001. (i'i'i~,i;il 5j,~:,p4 i'; ~'9.~C~ci` f-tt;i.'rt'.i SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- P C2001-59 ATTACHMENT -ITEM N0. 10 MEMORANDUM CITY OF ANAHEIM Code Enforcement Division DATE: DECEMBER 10, 2004 TO: DELLA HERRICK, ASSOCIATE PLANNER FROM: ~ARLENE HERNANDEZ, CODE ENFORCEMENT OFFICER SUBJECT: CUP2004-04932 SOUTHERN CALIFORNIA ALCOHOL AND DRUG PROGRAM 321 N. STATE COLLEGE BLVD. On December 10, 2004, I conducted an inspection of the property located at 321 N. State College Blvd. The Southern California Alcohol and Drug Program is requesting to reinstate CUP2004- 04932 for a Group Home for women and children. The director was present at the 6me of my inspection, and we discussed all the conditions of the reinstatement, which are all being met at this time. If you have any questions, please feel free to contact me at ext. 4474. Thank you. 321 s state college.dx ITEM N0. 11 N ~oH T RCL 99.00-2 = '- o m ~ ~ w Q RCL 56-57-65 ~ mo ~ w RCL 56-57-84 ~fO N ¢ ~ (Res of Intent to R-3) CUP 2004 04909 U U ¢ ~ 0' <" - ~ GPC 2003-00025 PONDEROSA PARK SITE U = m Q N Q V) W ~ tY RM-0 o RCL 56-57-69 W ~ GPC 2003-00025 ~ Z APARTME NTS W Q w WILKEN WAY ~ ? RM-4 F FQ- APARTMENTS Z 4 > m W ~~ ~ 0 CLIFFW000 AVE w z w 0 ~-- \ o VAR2004-04637.. PONDEROSA MEADOWS ~ 1 N TTM 16603 TOWNHOMES `1 I 1 DU bl ar-z ~ + ~ SIMMONSAVENUE ~-165'--~-167'-®t TILLER AVE N O O O x Variance No. 2004-04637 Subject Property Tentative Tract Map ND. 16803 Date: January 10, 2005 Scale: 1" = 200' Requested By: PHUC HUYNH Q.S. No. 99 VARIANCE NO. 2004-04637 -REQUESTS WAIVER OF REQUIRED LOT FRONTAGE ON A PUBLIC OR PRIVATE STREET TO ESTABLISH A 5-LOT, 4-UNIT DETACHED SINGLE-FAMILY RESIDENTIAL SUBDIVISION. TENTATIVE TRACT MAP NO. 16803 - TO ESTABLISH A 5-LOT, 4-UNIT SINGLE-FAMILY RESIDENTIAL SUBDIVISION. 331 East Simmons Avenue 1636 ANAHEIM CITY L/M/TS TTFM TTfI 11 iia, CEQANEGATIVE'bECLAF 11 b. VARIANCE NO:?2004-0463 1 ic.'; :TENTATIVE TRACT MAP I ', (4) There are no prior zoning actions pertaining to this property. DEVELOPMENT PROPOSAL: (5) The petitioner has submitted a request for a tentative tract map: to subdivide this property 'into a 5-lot, 4-unit single-family residential subdivision with the fbllowing characteristics: .Parcel Proposed Lot'- Proposed Lot - Proposed Late: Nif. ~.. Area's ~,f~ ~ ~ 'Width` De "th i 5,900: s 78 feet 106 feet 2 5,850 83 feet t 85 feet 3 5,850 r 83 feet 85 feet ' 4 5,900 ; 78 feet : 106 feet '5 8,100 ! i 37 feet : 124 feet *Parcel No. 5 is the proposed private access'driveway (6) In order to demonstrate that the proposedlots could be developed in accordance with the 'site develgpment standards df he RS-3 zone, the petitioner has submitted a site plan sr8839av.doc Page 1 (E> coy inc (7); Th. seE fan sei be` roc tai [DRAFT] RESOLUTION NO. PC2005--*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 2004-04637 BE GRANTED WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Variance for certain real property situated in the City of Anaheim, County of Orange, State of California described as: THE SOUTH 220 FEET OF THE WEST 165 FEET OF THE EAST 495 FEET OF LOT TEN OF ORANGEWOOD TRACT, IN THE CITY OF ANAHEIM, COllNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 7, PAGE 42 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 January 10, 2005, at 1:30 p.m., notice of said public hearing having been duly given as required bylaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 (Procedures), to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the petitioner proposes waivers of the following to establish a 5-lot, 4-unit, RS-3 single- family residential subdivision: SECTION NO. 18.92.150 Lot frontaoe on a public or private street. (Frontage required; private access proposed) 2. That the above-mentioned waiver is hereby granted on basis that there are special circumstances applicable to the property such as the unusual depth which do not apply to other identically zoned property in the same vicinity; and that strict application of the Zoning Code deprives the property of privileges enjoyed by other properties in the identical zone and classification in the vicinity. 3. That there are exceptional or extraordinary. circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to the property or class of use in the same vicinity and zone. 4. That the requested variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the property in question. 5. That the requested variance will not be materially detrimental to the public health and safety or injurious to the property or improvements in such vicinity and zone in which the property is located. That **** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to waive required lot frontage on a public or private street to establish a 5-lot, 4-unit detached single-family residential subdivision; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review CR\PC2005-0 -1- PC2005- 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 grant subject Petition for Variance, upon the following conditions which are hereby fouhd 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 legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement for a domestic above-ground water meter in addition to providing a 5-foot wide clearance around the water meter pad and a 10-foot wide access easement along the water line from the street to the water meter pad for maintenance. 2. That all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from the public street. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans submitted for approval by the Water Engineering Division of the Public Utilities Department. 3. That all existing water services shall conform to current Water Utility Standards. Any existing water services that are not approved by the Utility for continued use shall be upgraded to current standards, or abandoned by the property owner/developer. If the existing services are no longer needed, they shall be abandoned by the property ownerldeveloper. 4. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonments of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Public Utilities Department. 5. That prior to submitting the water improvement plans, the property owner/developer shall submit a water system master plan, including a hydraulic distribution network analysis, to the Water Engineering Division of the Public Utilities Department for review and approval. The master plan shall demonstrate the adequacy of the proposed on-site water system to meet the project's water demands and fire protection requirements. 6. That prior to application for water meters, fire lines or submitting the water improvement plans for approval, the property owner/developer shall submit to the Water Engineering Division of the Public Utilities Department, an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. 7. That individual water service and/or fire line connections shall be required for each parcel andlor residential and commercial unit per Rule 18 of the City of Anaheim's Water Rates, Rules and Regulations. 8. That because this project has a .landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed in compliance with City Ordinance No. 5349 and Chapter 10.19 of the Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. -2- PC2005- 9. That the legal property owner shall provide the City of Anaheim with an easement for electrical service lines to be determined as electrical design is completed. Said easement shall be submitted,.,__ to the City of Anaheim prior to connection of electrical service. 10. That any required relocation of City electrical facilities shall be at the property ownerldeveloper's expense. Landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be shown on plans submitted for building permits. 11. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 476 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits. 12. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said Department. Said information shall be specifically shown on the plans submitted for building permits for Planning Department and Public Works Department, Streets and Sanitation Division approval 13. That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approval. 14. 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. 15. 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. i6. 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. 17. That a final detailed landscape and irrigation plans for the proposed development shall be submitted to the Planning Services Division for review and approval. Said landscape plans shall show minimum 24-inch box sized trees, shrubs, groundcover and vines to be planted in layers in common areas, and minimum 24-inch box sized trees in the front yard of each ;property. All trees shall be properly, professionally, and permanently maintained to ensure mature, healthy growth. 18. That Variance No. 2004-04637 is hereby granted subject to the approval and recordation of Tentative Tract Map No. 16803, now pending. 19. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by project applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 5, and as conditioned herein. 20. That prior to issuance of the first building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 4, 5, 7, 8, 9, 10, 11, 12, 13, 16 and 17, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 21. That prior to final building and zoning inspections, Condition Nos. 3, 19 and 20, above-mentioned, shall be complied with. 22. 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 -3- PC2005- 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 compliahce with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 7 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 10, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certiry that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on January 10, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, 1 have hereunto set my hand this day of 2005. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2005- City of Anaheim n~~< I ~ ~~1~1I91 ~ tip G ~ ~ ~1-~Y~'~'I~~ 1~1'~' ~, January 10, 2005 F ~'= 1"'~' ~ PhucHuynh ~~~°~ ~ 9840 Winthrop Circle "~` ;Fountain Valley, CA 92708 I Following is an excerpt from the minutes of the Anaheim City Planning Cpmmission j meeting of January b0, 2005. a. CEQA Negative Declaration b. Variance No. 2004-04637 c. Tentative Tract Map No. 16803 Owner: Phuc Huynh, 9840 W nthrop Circle, Fountain Valley, CA 92708 I Location: 331 East Simmons Avenue. Property is approximately 0.75-acre, having a frontage of 165 feet on the north side of Simmons Avenue, located 167 feet west of the centerline of Vern Street. Variance No. 2004-04637 -Request waiver of required lot frontage on a public or private street to construct a new detached single-family residence. Tentative Tract Map No. 16803 -Request to establish a 5-lot, 4-unit detached single-family residential subdivision. ACTION: Commissioner motioned, seconded by Commissioner 1. That the final map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder (Subdivision Map Act, Section 66499.40). 2. That a maintenance covenant, shall be submitted to the Subdivision Section and approved by the City Attorneys office. The covenant shall include provisions for maintenance of private facilities, including landscaping and compliance with approved Water Quality Management Plan, and a maintenance exhibit. The covenant shall be recorded concurrently with the final map. 3. That the legal property owner shall execute a Subdivision Agreement, in a form approved by the City Attomey, to complete the required public improvements at the legal property owner's expense. Said agreement shall be submitted to the Public Works Department, Subdivision Section approved by the City Attorney and City Engineer and then recorded concurrently with the final map. 4. That all units shall be assigned street addresses by the Building Division. Street names for any new public or private street (if requested by the developer or required by the City) shall be submitted to and approved by the Building Division. 5. That prior to the issuance of a grading permit, the applicant shall submit to the Public Works Department Development Services Division for review and approval a Water Quality Management Plan that: 200 South Anaheim Boulevard F.p. Box 3222 Nnaheim, California 9283 vnnsara7eimne~ TEL (714) 765-5139 m 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. o Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. 6. That the streets, sanitary sewers and storm drains for this development shall be privately maintained. 7. That the on-street parking shall only be permitted in designated parking stalls. The improvement plans shall include no parking signs or red curbs to identify the parking restriction. 8. That the vehicular access rights to Simmons Avenue and Mountain View Avenue, except at street intersections, shall be released and relinquished to the Cily of Anaheim. 9. That all existing structures shall be demolished or remodeled to conform with building and zoning setback requirements. The developer shall obtain a demolition permit from the Building Division. 10. That approval of this tract map is granted subject to the approval of Variance No. 2004-04637, now pending. 11. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement for a domestic above-ground water meter in addition to providing a 5-foot wide clearance around the water meter pad and a 10-foot wide access easement along the water line from the street to the water meter pad for maintenance. 12. That the legal property owner shall provide the City of Anaheim with an easement for electrical service lines to be determined as electrical design is completed. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 13. That prior to final parcel map approval, Condition Nos. 1, 2, 3, 4, 8, and 11, above-mentioned, shall be complied with. 14. 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. Sincerely, Eleanor Morris, Senior Secretary Anaheim City Planning Commission Crdm.doc ATTACHMENT -ITEM N0. 11 SECTION 4 APPLICANT'S STATEMENT OF IUSTIFICATION FOR VARIANCE/CODE WAIVER ', (NOT REQUIRED FOR PARKING WAIVER) LEQUEST FOR WAIVER OF CODE SECTION: ~ B . ~ Z ~ S~ /~ /~ (A separate state ent is required for each Code waiver) PERTAINING TO: 9e+tvt t~tovt oY'cL Lo~ rY1t[5-~ ahu~l nq ©n~ Dui/~c, or i7~~v~'~LS1-ree iections 18.74.060 of the Anaheim Municipal Code requires thatbefore any vaziance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the Following shall be shown: That there aze special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 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 property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. 1. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? ~ Yes _ No. If your answer is "Yes," describe the special circumstances: ~+e~ f-(-7-Y-r.~!J ~~ .~~, o~ 2. Are the special circumstances that apply to the property different from other properties in the vicinity which aze in the same zone as your property? T Yes ~ No :- Ifyour answer is `des," describe how the property is different: Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? Yes _No If your answer if "yes," describe the special circumstances: / ~~~ ,~L~ ect C Le ~e.~ 4. Were thespecial circymstances created by causes beyond the control of the property owner (or previous property owners)? _ Yes NO EXPLAIN The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which would have the effect of granting a special privilege notshared by other property in the same vicinity and zone which i~s not otherwise expressly authorized by zone regulations governing subject property. Use variances aze not permitted. Sgnatureo Prope Owneror~utho- nz_ e CONDITIONAL USE PERMITNARIANCE NO. YAR PdO. 2004 - p 4 b 3 7 ATTACHMENT - ITEM N0. 11 Attachment to Petitioner's Statement Response to question #1 The size of property (165' x 190') is large enough to provide four (4) lots with areas well over the minimum of 5,000 sq. ft. as required by its zoning. But if all lots fronted on Simmons St. they would only be 41 feet wide. A lot that narrow would be impractical. Using the City standards for private and/or public streets render lots that are also of an impractical size and shape. The best solution is to consider the access as a private driveway. This creates larger usable areas by placing the sidewalk next to the curb and not providing 5 feet of landscaping between the curb and sidewalk. The design of the driveway shown on the Site Plan and Tentative Tract Map provides for a traveled way wider than minimum, and of adequate size to allow for both emergency trash collection vehicle access and turnaround. Response to question #3 While doing research for this project at the City, it was brought up that recently a few other projects were approved using a common private driveway design. These projects are: ° TPM No. 2003-161 with Variance 2003-04578 ° TPM No. 2004-167 with Variance 2004-04625 Although the above projects are not in the same zone as this project, they were approved using only a 20 wide driveway to provide access for the rear lots. This project improves on that design by having: wider traveled surface for easier turning into and backing out of driveways. sidewalks for better child safety and placement of utility meter vaults. a turn around area for emergency and utility vehicles. VAR N0. 2004 - 0 4 6 3 7 ITEM N0. 12 I r ~ 1 I I -~ J SM ALL TRIAL ~ SMALL TRIAL I F RMS FIRMS ~ f- CUP 33fi5 Z 1 Z CUP 1970 Q ~ U Z I I ~ , Q1P 3622 I W J .Q I RCL 62-6330 CUPI1633 ¢ h ~1 RCL 53-543 VAR 1559 DEPT. OF FOOD ~ 1 ANp AORI. ~ ~ U I Z LIBERTY AVE U : S ~ MALL INDU RIAL FIRMS F 1 `~` = I I ~ (= VAR 4356 CUP 3319 LL 1 I ' W >z . Jx ?% ~ 1 x' z qC 66-6774 I ~ x , L eCG rr ~ ~ x x > ~ RC 62- 6390 GG y ay.: ~ ~ ~'~ , r,Fxr ~ 1 > ~~ ' T CUP 20D4049: H RCL 53. CUP 1 543 RGL 69-90.06 71 B ,3' r ~ 'y m w O RCL 68 90-06 RCL 53 543 t' ~ 1 ANA EIM RCL 86-67 14 . r r `~ t 'i4 ~ x ~ ZU ~~ RGL 66-67-14 s T CUP 200404924 H Z 1 FEED ppC~L62.-gB33..3p RC 53 ~ ~ ~ >` O:U ~ RCL 62E3-30 t' $a z - T-0UP 2002 04567 x ~' urz ~ O RCLfl9-90-0fi L 543 ~ C 9 ,~ r .y .r RGL 53-543 r CUP 3616 nF~ oNO- ~^t ~ ACL fi6~7 1g - I ~,~ .6~ VAR 2626 ~ j,y~- ~ 3 , rv w ~ a CUP 2825 6 CHURCfi . ^-'^ 0 2-fi3.3 W RGL 6 522-6 VAR 3965 7sr r,.t i r, aU¢ fx CUP 2578 J RC 53Sd-3 U 5 9 RCLp535554-. INDU6TRIAL >> RCL 66-6714-~ RCL 66-6714r may VAR 3965 r~ r I C P 25 6 1 CUP ~56i SUPPLIES RC L62633f~ k~C~67~-6~330ar~~Fln >SMALL COMMER( VAR 3985 ~ VAR 3965 ~~ ~r~ '~~~ ~ > r - ~ SHOPS ` ' `~ ~ SEES CANDY SNOOK ~ s ir„-' v/.i ,~- ;~9.,}i j " r' t`x' S : ~~'-f'1 , ; ~~ -~ , I UNNINR . . ;. , ~~~ 510' 796' ' ~ w~ ORANGETHORPEAVE • c-~. GL_ 1- I ~ ___. C-G CUP 2002-04538 RCL 6667-14 'RCL 65-66-114 CUP 3152 VAR 4096 VAR 3670 VAR 3572 VAR 1903 S GG Qi > E~ 3 ~ -W.I 2 +f+f m U~ ~ W o® I RCL 6867-14 RCL fi667-14 RCL62.63-30 RCL6263-30 RCL 53-543 RCL 5364-3 CUP 2472 VAR 2146 S ORANGETHORPE WAY INDUSTRIALCENTER 34 IND UNITS Q 3 W a tr O x w z Q D_ O I I PAINT STORE I I w w U ti 0 J Q Z U W O I I I RCL 66£7-14 I RCL 62-6330 RCL 5334-3 I VAR 2146 S Conditional Use Permit No. 381fi Q~=x `` n y~~': Subject Property TRACKING NO. CUP2004-04942 Date: January 10, 2005 Scale: Graphic Requested By: CHURCH INTERNATIONAL OF FOURSQUARE, Q.S. No. 69 BRYAN INDUSTRIAL PROPERTIES REQUEST TO EXPAND AN EXISTING CHURCH AND TO PERMIT A MURAL. 101 East Orangethorpe Avenue -The Rock Church 1636(2005-1 -5)~ TTF.M NO_ 12 Staff Report to the Planning Commission January 10, 2005 Item No. 12 _ 12a. CEQANEGATIVE DECLARATION (PREVIOUSLY-APPROVED) ' (Motion), 12b. CONDITIONAL USE PERMIT NO13816 (Resolution) (TRACKING NO CUP2004-04942) SITE LOCATION AND DESCRIPTION:'' (1) Thls rectangularly-shaped, 4.28-acre property has a frontage of 795 feet on the north side of Orangethorpe Avenue, having. a maximum depth of 275 feet,'and is located 510 feet east of the centerline of Lemon Street (101-145'East Orangethorpe Avenue -The Rock 'Church). REQUEST: (2) The petitioner requests approval to expand an existing church and to permit a wall mural under authority of Code Sections 18.10:030.040.0402 and 18.44.050.0105. BACKGROUND: (3) The property is currently developed with three office/industrial buildings and is zoned;) ' (Industrial).'The Anaheim General Plan Land Use Element Map designates this property for 'General Commercial land uses. The Anaheim General Plan Land Use Element Map designatesproperties'to the north, east and south for ndustrialiand uses,'and properties to the west for General Commercial land uses. PREVIOUS ZONING ACTIONS: ;' (4) CohtlrtionallUSe Permit No. 3816 ([o permit a church m an existing omcennaustnai ountling with waiver'of minimum numberof parkingspaces 166 required:; 151 approved) was granted by3he Planning Commission on January 8, 1996, for the westerly2.65 acres of this site and supsequently,amended'on September 9, 2002, reconfiguring the floor plan and eliminating he previously-approved parking waiver. Resolution'No. 2002-133, adopted in conjunctionwith this permit, contains the following condition of approval "4. That the subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner'and which plans are on file with the Planning Departmentlnarked Revision No 1 of .Exhibit Nos: 1 and 2" DISCUSSION: (5) The petitioner proposes to amend previously-approved exhibits in order to expand an existing church facility onto twb (2} adjacent properties to the east of the originally entitled properties. ? No expansion of the existing buildings is`proposed.' The overall site plan j (Revision tJo. 2 of Exhibit No. 1) indicates an existing masonry wall would be demolished to facilitate the construction of an outdoor patio between buildings;"A" and "f3". The overall 'site plan further indicates the proposed church campus would contain the following structural and landscaped setbacks: SF5135jr Page 1 Code-Required Code•Required Direction i Existing Building/ ! Building Landscaped landsea'eSetback< Setback Setback North (adjacent too 75-119 feetto building industrial 0 feet of landsca in `; .None None East (adjacent to 33 feetto building industrial 0 feet of landsca in 'None None South (adjacent td '50-62 feet to buildings: Orangethorpe 8-46 feet of landscaping 50 feet 20 feet Avenue West (adjacent to' 166 feet to building commercial 0 feet of landsca in None None PanA R' (10) The elevation renderings for Building "A".(Exhibit No: including ah enhanced cornice treatment along the en .foam pop-outs to enhance the three entrances facing licate exterior modifications ~ofline, entryway archesand gethorpe Avenue, refurbished Page 3 Staff RE Plahnin January Item Nc stucco exterior, and a varying ledgestone treatment along the base of tl center of the building. (11) The elevation renderings for Building "B" (Exhibit No. 6) indicate exterio including an enhanced cornice treatment along the entire roofline, upda treatment, a new tower element at the main entrance of the building fac Avenue, and a ledgestone treatment (to match Building''A") along he ti and the full height of the tower element. (12) The'eaevation re;nderings,for Building "C" (Exhibit No. 7) indicate exterio including a smooth concrete finish`painted with atropical-themed mural thatched roof elements over each entryway into the building. Wall murz building and visible from the public right-of-way require approval of a co permit, (13) The overall site plan and `elevation plans (Revision No. 2of Exhibit No. 5-7); indicate conceptual sign plans that include two (2) existing freestar which is currently used by the church, and the`dther would be refaced),' (one (1) sign on each building), one,(1) wall mural {containing no advert directional signage. The'proposed wall signs would be internally iilumin and the mural would be up-lit by adjacent ground-mounted lighting. i (14) The overall site plan indicates twenty-six (26) existing and proposed pal trees (15-gallon sized) within the street setback along Orangethorpe Av requires a total',of forty (40), 24-inch'box sizeditrees within the setback'; frontage/ 20 feet = 40 trees). The plans also reflect the addition of e:uc gallon sized) within the existing parking area (Staff has included a cond requiring a total of forty (40) trees within the street setback area, and thi in the setback area or the interior parking areabe a minimum of 24=incF feet. brown trunk heighf(BTH). (15) Theletter of request indicates that on-site operations would conslsYalm church services, with services on Saturday from 6 p.m. to 8:15 p.m, Su 10:30 a.m. and'i 11 a.m. to 12:30 pm'. The letter further indicates weekd occurring Wednesdays at 6:45 p.m: as well as weekday; operation of a from'8 a.m. to 6 p.m., Monday through Friday,'with approximately thirty- and maintenance staff. The facilities currentlyaccommodate up to 500 approximately60% ofwhich are adults, with the remaining 40% children attending Sunday school and bible study at the same time as the service is interested in `expanding to accommodate a wider arzayof accessory s youth and teen'congregants, where children can receive religious instrw participate in church sponsored youth activities during religious services has indicated that activities within Buildings "B" and "C" would be access useswithin Building "A", and that assembly areas in the buildings would concurrently (i:e, church services occurring simultaneously with anndej event). As indicated in pe3ragraph (6) above, as long as the buildings are accessory activities and not for separate simultaneous assembly events parking is required. Staff has included a condition of approval prohibitin simultaneous use of the assembly areas. ENVIRONMENTAL'IMPACT ANALYSIS: (16) Staff has reviewed the request to amend exhibits on file for this previous) and finds no significant atlverse environmental impacts. Therefore; staff 2i f If a 'r~ a __ ___ _'fi orninmv 'page 5 [DRAFT] RESOLUTION NO. PC2005--** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION AMENDING EXHIBITS AND CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NOS. PC96-3 AND PC2002-133 ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 3816 (101-145 EAST ORANGETHORPE AVENUE) WHEREAS, on January 8, 1996, the Anaheim Planning Commission did, by its Resolution No. PC96-3, grant Conditional Use Permit No. 3816 to permit a church in an existing office/industrial building with waiver of minimum number of parking spaces. WHEREAS, on September 9, 2002, the Anaheim Planning Commission did, by its Resolution No. PC2002-133, grant the modification of Conditional Use Permit No. 3816 to permit the reconfiguration of the interior of the church building thereby deleting the previously-approved parking waiver. WHEREAS, Resolution No. PC2002-133, adopted in connection with subject use permit., includes the following condition of approval: "4. That the subject property shall be developed substantially in accordance with plans and specifications submitted to the city of Anaheim by the petitioner and which plans are on file with the Planning Department marked Revision No. 1 of Exhibit Nos. 1 and 2." WHEREAS, the property is currently developed with three office/industrial buildings and is zoned I (Industrial). The Anaheim General Plan Land Use Element Map designates this property for General Commercial land uses, and is situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL A: PARCELS 1 AND 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 10, PAGES 37 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL'S: THE WEST 100.00 FEET OF THE EAST 395.34 FEET OF THE SOUTH 10 ACRES OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 3 SOUTH, RANGE 10 WEST IN THE RANCHO SAN JUAN CAJON, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 7 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA PARCEL C: THE EASTERLY 295.34 FEET OF THE SOUTH 100.00 FEET OF THE SOUTH 10.00 ACRES OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 3 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 7 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY WHEREAS, the petitioner has requested to amend said condition of approval to facilitate the expansion of the existing church facility onto two (2) adjacent properties to the east; and WHEREAS, the'Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 10, 2005, at 2:00 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 modification to the 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: CR\PC2005- -1- PC2005--`* 1. That the proposed use is properly one for which a conditional use permit is authorized by.._ Anaheim Municipal Code Sections 18.10.030.040 and 18.44.050.0105 to amend exhibits fora previously- approved church to expand an existing church onto two (2) adjacent properties and to permit a wall mural. 2. That the proposed use, as conditioned, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located based on the site design, on- site parking, and location of the site relative to adjacent uses; 3. That the size and shape of the site containing the existing church and the proposed expansion is adequate to allow the full development of the proposed church campus accommodating both primary and accessory uses proposed on site in a manner not detrimental to the particular area nor to the health, and safety. 4. That the traffic generated by the proposed use would not impose an undue burden upon the streets and highways designed and improved to carry traffic in the area due to the fact that the expansion involves two (2) buildings that would be for accessory Sunday school classes and youth activities secondary to the main assembly and services held on site for the children and existing church members. 5. That the proposed use, as conditioned, would not adversely affect the adjoining land uses and the growth and development of this area based on the compatibility of the site design and the intended use of the church would not conflict with the adjoining commercial and industrial land uses. 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 OUrat.ITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to amend exhi_~es for apreviously-approved church to expand an existing church and does hereby find that the Negative: {?eclaration previously approved in connection with Conditional Use Permit No. 3816 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby amend, in their entirety, the conditions contained in Resolution Nos. PC96-3 and PC2002-133 to read as follows: 1. That an on-site trash truck turn around area shall be provided per Engineering Standard Detail No. 610 and shown on plans submitted to the Department of Public Works, Street Sweeping and Sanitation Division for review and approval. Said information shall be specifically shown on plans submitted for building permits. 2. That any tree and/or landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead; and that the on-site irrigation system shall be maintained in accordance with City standards. 3. 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. 4. That any required relocation of City electrical facilities shall be at the developer's expense. 5. That trash storage areas shall be maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent public rights-of-way. -2- PC2005--"' 6. That this church facility shall not include any child day care, pre-school or private school activities unless a conditional use permit granting such uses is approved by the Planning Commission. 7. That any new signage shall be submitted to the Planning Services Division for review and approval. Any decision by staff maybe appealed to the Planning Commission as a 'Reports and Recommendations" item. All signage shall comply with Chapter 18.44 pertaining to signs. 8. That no portable signage shall be utilized to advertise the church. 9. That the bookstore shall be utilized as an accessory use primarily for members of the church, and no advertising to the general public shall be visible to Orangethorpe Avenue. 10. That no outdoor events shall be allowed unless a Special Event Permit is issued by the Planning Services Division of the Planning Department. 11. That a final landscape plan shall be submitted to the Planning Services Division for review and approval. Said plan shall incorporate minimum 24-inch box sized andlor minimum 8-10 foot brown trunk height trees. A total of forty (40) trees shall be required within the existing street setback for the entire street frontage of the expanded church campus. 12. That no required parking shall be fenced or otherwise enclosed for outdoor storage uses. 13. That the number of congregates on site at any one time shall be limited to five hundred (500) persons. If the number of congregants exceeds five hundred (500) members at any one time, the applicant shall then submit a parking management plan to the City Traffic and Transportation Manager for review and approval 14. That separate simultaneous assembly events shall not occur on the property other than accessory activities associated with the church as described in the submitted letter of operation dated., November 23, 2004 15. That due to the change in building occupancy, plans shall be submitted to the Building Division showing compliance with the Uniform Building Code pertaining to assembly uses. 16. 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 (Revision No. 2) 2, 3, 4, 5, 6 and 7, and as conditioned herein. 17. That prior to issuance of a building permit, or prior to commencement of the activity authorized by this resolution, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 5, 12 and 16, 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. 18. That prior to final Building and Zoning inspections, Condition No. 17, above-mentioned, shall be complied with. 19. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 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. -3- PC2005--" BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 7 days of the issuance of the final invoice or.prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commissioh meeting of January 10, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was.passed and adopted at a meeting of the Anaheim Planning Commission held on January 10, 2005, 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 .2005. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2005-'* ATTACHMENT -ITEM N0. 12 RESOLUTION NO. PC2002-133 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING RESOLUTION NO. PC96-3, ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 3816 WHEREAS, on January 8, 1996, the Anaheim City Planning Commission did, by its Resolution No. PC96-3, grant Conditional Use Permit No. 3816 to permit a church in an existing office/industrial building with waiver of minimum number of :parking spaces on property located at 101 East Orangethorpe Avenue; and WHEREAS, this property is developed with an approximately 19,425 square-foot office/industrial building, including The Rock Church; that the property is located in the ML (Limited Industrial); and that the Anaheim General Plan land Use Element designates the property for General Commercial land uses; and WHEREAS, the petitioner has requested amendment to the originally approved exhibits in order to reconfigure the existing floor plan for the previously-approved church; and that the revised plans (Revision No. 1 of Exhibit Nos. 1 and 2) indicate an increase in office area and a decrease in church assembly area; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 9, 2002, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commissicn, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposal to amend the approved exhibits for a church in an existing industrial building is authorized by Anaheim Municipal Code Sections 18.03.030 and 18.61.050.140. 2. That the proposal, as amended, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 3. That the size and shape of the site for the proposal, as amended, is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. That the traffic generated by the proposal, as amended, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That amending this conditional use permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 6. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. Tracking No. CUP2002-04587 CR5454DM -1- PC2002-133 CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to amend the approved exhibits for a church in an.. __ existing industrial building on a 2.5-acre property having a frontage of 400 feet on the north side of Orangethorpe Avenue, having a maximum depth of 275 feet, being located 510 feet east of the centerline of Lemon Street, and further described as 101 East Orangethorpe Avenue (The Rock Church); and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 3816 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the previously approved Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does amend Resolution No. PC96-3, adopted in connection with Conditional Use Permit No. 3816, to approve Revision No. 1 of Exhibit Nos. 1 and 2 for the previously approved church in an existing industrial building, and to amend the conditions of approval in their entirety, to read as follows: 1. 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 601/602 pertaining to parking standards and driveway location. Subject property shall thereupon be developed and maintained in conformance with said plans. 2. That approval of the church facility does not include child day care or pre-school activity. 3. That the classroom areas will not be used for assembly purposes. 4. That the subject property shall be developed substantially in accordance with plans and specifications submitted to the city of Anaheim by the petitioner and which plans are on file with the Planning Department marked Revision No. 1 of Exhibit Nos. 1 and 2. 5. That prior to commencement of the activity authorized by this resolution, or 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 and 4, 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. 6. 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 9, 2002. CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION -2- PC2002-133 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on September 9, 2002, by the following vote of the members thereof: AYES: COMMISSIONERS: BOYDSTUN, BRISTOL, EASTMAN, ROMERO, VANDERBILT NOES: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS; BOSTWICK ABSENT: COMMISSIONERS: KOOS IN WITNESS WHEREOF, I have hereunto set my hand this day of .2002. SECRETARY. ANAHEIM CITY PLANNING COMMISSION -3- PC2002-133 ATTACHMENT -ITEM N0. 12 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 3816 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the Ciry of Anaheim, County of Orange, State of California, described as: THE WESTERLY 400 FEET OF THE EASTERLY 795.34 FEET OF THE SOUTH 10 ACRES OF THE SOUTHEAST ONE-QUARTER OF TH'E SOUTHWEST ONE- QUARTER OF SECTION 34, TOWNSHIP 3 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 51, PAGE 7 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. SAID LAND IS SHOWN AS PARCELS 1 AND 2 ON A MAP FILED IN BOOK 10, PAGE 37 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY .RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 8, 1996 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection., investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.61.050.140 to permit a church in an existing office/industrial building with waiver of the following: Rertione 18.06.050D266 - Minimum number of parking~(]aCP.S. 18.06.080 (151 existing and proposed, as concurred with by and 18.61966.050 the City Traffic and Transportation Manager) 2. That the parking waiver, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use; 3. That the waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use; CR2566DM.W P -1- PC96-03 4. That the waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with Section 18.06.010.020 of this Code); 5. That the waiver, under the conditions imposed, will not increase traffic congestion, noise, air pollution, or traffic circulation conflicts, within the off-street parking areas or lots provided for such use; 6. That the waiver, under the conditions imposed, will not increase traffic congestion, noise, air pollution, or impede vehicular ingress to or egress from adjacent commercial and industrial properties, upon the public streets in the immediate vicinity of the proposed use; 7. That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code; 8. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; 9. That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare; 10. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; 11. That the granting of the conditional use permit, under the conditions imposed will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; and 12. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition, CALIFORNIA FNVIRONMFNTAI Ol1Ai ITY ACT FINDING; That the Anaheim City Planning Commission has reviewed the proposal to permit a church in an existing office/industrial building with waiver of the minimum number of parking spaces on two rectangularly-shaped parcels of land consisting of approximately 2.5 acres, having a frontage of 400 feet on the north side of Orangethorpe Avenue, having a maximum depth of 275 feet, being located approximately 310 feet east of the centerline of Lemon Street, and further described as 101 East Orangethorpe Avenue; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgement of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and .any comments received that there is no substantial evidence that the project will have a signficant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: -2- PC96-03 That the granting of the :parking waiver is contingent upon operation of the use in conformance with the assumptions relating to the operation and intensity of use as contained in the parking demand study that . _ formed the basis for approval of the parking waiver in conjunction with subject use permit. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions, as contained in the parking demand study, shall be deemed a violation of the expressed conditions imposed upon subject conditional use permit which shall subject said use permit and parking waiver to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code. 2. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Department of Maintenance for review and approval. 3. That an on-site trash truck tum-around area shall be provided and maintained to the satisfaction of the Department of Maintenance. Said turn-around area shall be specifically shown on plans submitted for building permits. 4. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the most current versions of Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway locations. Subject properly shall thereupon be developed and maintained in conformance with said plans.. 5. That approval of the church facility does not include child day care orpre-school activities. 6. That the hours of operation shall be limited to the following: Sunday Worship Services 9:OOa.m. to 1:00 p.m. Sunday Bible Studies: 6:00 p.m. to 9:00 p.m. Wednesday Fellowship Services and Youth Meetings: 7:00 p.m. to 9:00 p.m. Friday Fellowship Services and Youth Meetings: 6:00 p.m. to 9:p0 p.m. On religious holidays the hours of operation may be extended beyond the hours shown above. 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 labeled Exhibit Nos. 1, 2 and 3. 8. That prior to commencement of the activity authorized by this resolution, or 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 and 4, 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. 9. That prior to final building and zoning inspections, Condition No. 6, above-mentioned, shall be complied with. -3- PC96-03 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 January 8, 1996. COMMISSION ATTEST: CHAIRWOMAN ANAHEIM CITY PLANNING 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 January 8, 1996, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, MAYER, MESSE, PERAZA NOES:COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this. day of 1996. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC96-03