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PC 2005/01/24~ l ~i i~si n a nA®nday, Jarluai~'V 24, 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 1:00 P.NI. • Staff update to Commission on various City developments and issues (As requested by Planning Commission) • Preliminary Plan Review for items on the January 24, 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: planningcommissionro~anaheim.net H:\docslclerical\agendas\012405.doc 01/24/05 Page 1 Anaheim Planning Commission Agenda - 2:00 P.M. Items Of Public Interest: Presentation of a plaque to James Vanderbilt-Linares in acknowledgement of his 5%: years of service on the Planning Commission. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the _ Anaheim Planning Commission or public comments on agenda items with the exception of public hearing items. Consent Calendar: The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. Reports and Recommendations 1A.(a) CEQANeoative Declaration (Previously-Aoproved) (b) Tentative Parcel Map No. 2001.105 (Tracking No. SUBTPM2004.00015) Agent: Ernest Stuart, Stuart Architecture, 5031 Birch Street, Newport Beach, CA 92660 Location: 1531-1801 South State Colleoe Boulevard and 1500- 1701 East Babbitt Avenue Requests extension of time to comply with conditions of approval to establish a 12-lot industrial subdivision for an existing industrial complex. inu e Receiving and approving the Minutes from the Planning Commission Meeting of January 10, 2005 (Motion) Project Planner: Marie Newland (mnewland(c anaheim.net) sr8853mn.doc Q.S. 107 01 /24/05 Page 2 Public Hearing Items: 2a. CEQA Negative Declaration 2b. General Plan Amendment No. 2004-00421 2c. Reclassification No. 2004-00137 2d. Variance No. 2004-04633 2e. Tentative Tract Mau 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. Project Planner: Amy Vazquez Continued from the December 13, 2004 and .January 10, 2005, Planning (avazouez(c~anaheim.net) Commission Meetings. Reclassification Resolution No, sr8852av.doc Variance Resolution No. O:S. 73 01 /24/05 Page 3 3a. CEQA Negative Declaration 3b. Waiver Of Code Requirement 3c. Conditional Use Permit No. 2004-04945 Owner: IGFG -Anaheim East, 1910 West Sunset Boulevard, Suite 200, Los Angeles, CA 90026 Agent: Richard Dana, 4905 East La Palma Avenue, Anaheim, CA 92807 Location: 4905 East La Palma Avenue. Property is 6.37 acres, located at the northeast corner of Manessero Street and La Palma Avenue (Cornerstone Church). Request to establish a private school (pre-school through high school) in project Planner: conjunction with an existing religious assembly and the use of a tent for ,Della Herrick temporary church services during the renovation of the existing building to (dherricklc~anaheim.net) accommodate the proposed school facility with a waiver of minimum number of parking spaces. sr8846dh.doc Conditional Use Permit Resolution No. Q.S. 172 4a. CEQA Negative Declaration (Readvertised) 4b. Conditional Use Permit No. 2004-04946 Owner: Kathy G. Verburg, P.O. Box 12112, Big Bear Lake, CA 92315 Location: 1460 North Red Gum Street. Property is 2:88 acres, having a frontage of 164 feet on the east side of Red Gum Street, located 810 feet north of the centerline of La Jolla Street. Project Planner: Della Herrick Request to permit the expansion of outdoor storage of automobiles. (dherrickfo)anaheim:net) Conditional Use Permit Resolution No. sr8845dh.doc Q.S. 130 01 /24/05 Page 4 5a. CEQA Negative Declaration 5b. Reclassification No. 2004-00140 Sc. Variance No. 2004.04640 Sd. Tentative Parcel Map No. 2004-297 Owner: Rita Garcia., 2034 West Broadway, Anaheim, CA 92804 Location: 2034 West Broadwav. Property is 0.5-acre located at the southeast corner of Broadway and Camellia Street. Reclassification No. 2004-00140 -Request reclassification of the property from the T (Transition) zone to the RS-2 (Residential, Single- Family) zone, or a less intense zone. Variance No. 2004-04640 -Request waiver of (a) minimum lot area and (b) minimum lot width to establish a 3-lot, 3-unit detached single-family residential subdivision. Project Planner: Tentative Parcel Map No. 2004-297 - To establish a 3-lot, 3-unit Amy Vazquez (avazouezr7o anaheim.net) detached single-family subdivision. Reclassification Resolution No. sr8851av.doc Variance Resolution fdo. Q.S. 40 6a. CEQA Negative Declaration 6b. Waiver Of Code Requirement 6c. Conditional Use:Permit No. 2004-04947 Owner: Don Floriani, Floriani Family Partnership, 900 East Orangefair Lane, Anaheim, CA 92801 Agent: Vincent Baroldi, 900 East Orangefair Lane, Anaheim, CA 92801 Location: 900 East Orangefair Lane. Property is 0.44-acre, having a frontage of 148 feet on the south side of Orangefair Lane, located 852 feet west of the centerline of Raymond Avenue. Protect Planner: Request to construct a bridge crane and establish an outdoor storage John Ramirez (ipramirezr7o anaheim:net) yard in conjunction with an existing engineeringlcontracting business with waiver of minimum number of parking spaces. sr5200jcdoc Conditional Use Permit Resolution No. Q.S. 80 Adjourn To Monday, February 7, 2005 at 1:00 P.M. for Preliminary Plan Review. 01 /24/05 Page 5 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 3'3°P-"-• ~~ 205 (TIME) (DA ) LOCATION: COUNCIL CHAMBER DISPLAY CASE ANO COUNCIL DISPLAY KIOSK SIGNED: ~~ 'j If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits and Variances will be final 22 days after Planning Commission action and any action regarding Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an .appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Cterk 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. 01 /24/05 Page 6 SCHEDULE 2005 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 September 19 October 3 October 9 7 October 31 November 14 November 28 December 12 December 28 (Wed) 01 /24/05 Page 7 ITEM N0. 1-A RCL 59-0J-4'1 i7-36 I RCL fib-67-36 RCL 60-61-173 RCL 54-55-02 CAL-PLY as so-ssax CUP 4010 ADJ 0151 a CERRITOS AVENUE I RCL 66-fi7-36 I att we~ae RGL fi0-fit-113 RCL fi0-67413 as s4s I RCL 5455-42 am->a VAR 1658 o-e1-n VAR 1651 a-5S4 FAMILIAN PIPE FlRM ALL gSUPPLV I RCL 66-67-3fi RCL 60-61-113 RCL 55-56-19 RCL 54-55.42 CUP 4010 ADJ 0151 AGRICULTURE BP~A RCL 54-55-92 oCFUP 2140 L 66-67-31~E BLDG. ---~--- RCL fib-fi7-36 RCL 66-67-04 RCL fi0.61.113 - RCL 55-56-19 RCL 54-55-42 CUP 4010 ~ ADJ 0151 a. AGRICULTURE J O m W C7 W J o J a O I U W Q RCL 5 4-55-42 T-TPM 2005-00015 I CU P 3576 RCL 54-55-02 v I RCL 99-00-15 RCL 99.00-75 (Res. of Int. Ic SE) (Res. of Int. tc SE) RCL 66-67-14 CUP 3067 CUP 1565 RCL 54-55-02 TOUR BUS RCL 55-56-19 TRANSPORTATION CUP 3736 TERMINAL VAR 4077 ROLLINS TRUCK REMAL 8 LEASING 4VE ,~P RCL 99-00-15 ~K (Res. of Int. [o SE) RCL 66-67-14 l n an I ~ RCL 54-55-42 iy n RCI 99-R 5 RCI 45_fiR-14 Tentative Parcel Map No. 2001-105 ~~' Subject Property TRACKING NO. SUBTPM2005-00015 Date: January 24, 2005 Scale: Graphic Requested By: ERNEST STUART Q.S. No. 107 REQUESTS EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL TO ESTABLISH A 12-LOT INDUSTRIAL SUBDIVISION FOR AN EXISTING INDUSTRIAL COMPLEX. 1531-1601 South State College Boulevard and 1500-1701 East Babbitt Avenue 1670(2005-1 -19) ATTACHMENT -ITEM N0. 1-A MEMORANDUM CITY OF ANAHEIM Code Enforcement Division DATE: DECEMBER 21, 2004 TO: MARIE NEWLAND, ASSISTANT PLANNER FROM: JESSE PENUNURI, CODE ENFORCEMENT OFFICER SUBJECT: 1531 SOUTH STATE COLLEGE BLVD On December 21, 2004, I conducted an inspection of the property located at 1531 South State College Blvd and observed that the following violations exist: ® Outside storage of materials are stored above the height of the fence. ® Refuse and waste is located on the side of the building. ® Inoperable vehicle in public view. Since Mazch 2003, Code Enforcement staff has conducted one inspection of the property resulting in two violations being observed on the property. A Notice of Violation was issued to the business manager for unpermitted banners and expired business license. The violations were resolved and no further action was taken. A Courtesy Notice Letter will be sent to the property owner for the current violations that exist on the property. If you have any questions please feel free to contact me at ext 4148. ATTACHMENT -ITEM N0. 1-A CITY OF ANAHEIM, CALIFORNIA Planning Depaztment January 30, 2002 Properties L. Seaward 923 North Main Street Orange, CA 92867 Following is an excerpt from the minutes of the Anaheim City Planning Commission meeting of January 28, 2002. 4a. CEQA NEGATIVE DECLARATION 4b. VARIANCE NO. 2001-04471 4c. TENTATIVE PARCEL MAP N0.2001-105 OWNER: Properties L. Seaward, 923 North Main St., Orange, CA 92867 AGENT: Stuart Architecture, Attn: Ernest Stuart, 5031 Birch St., Newport Beach, CA 92660 LOCATION: 1531 -1601 South State Colleoe Boulevard and 1500 -1701 East Babbitt Avenue. Property is approximately 12.66-acres with a frontage of 460 feet on the west side of State College Boulevard, located 325 feet south of the centerline of Cerritos Avenue. Variance No. 2001-04471 -Request waivers of (a) type of freestanding sign, (b) maximum number of freestanding or monument signs, (c) maximum area of freestanding or monument signs. (deleted), (d) minimum distance between freestanding or monument signs, (e) maximum sign height, (f) maximum sign width and (g) minimum number of parking spaces. Tentative Parcel Map No. 2001-105 - To establish a 12-lot industrial subdivision for an existing industrial complex with frontage on a proposed private street. ACTION: Approved CEQA Negative Declaration Granted, in part, Variance No. 2001-04471 approving waivers pertaining to (a) type of freestanding signs, (b) maximum number of freestanding or monument signs, (d) minimum distance between freestanding or monument signs, (e) maximum sign height, and (f) maximum sign width based on the irregular shape of the property, which is unusually deep (over 1,300 feet) with minimal opportunities for advertisement of the tenants at the rear of the property. The proposed waivers will allow a comprehensive sign program to identify the tenants within the proposed file marketplace development without requiring large, oversized freestanding signs adjacent to State College Boulevard for advertisement to the public; and approving waiver (g) pertaining to minimum number of parking spaces based on the recommendation of the City Traffic and Transportation Manager that 246 spaces is adequate for this development, and based on the findings as discussed in Paragraph Nos. (27) and (28) of the staff report dated January 28, 2002; and denying waiver (c) pertaining to maximum .area of freestanding or monument signs since . 200 South Anaheim Boulevard P.O. Box 3222, Anaheim, California 92803 ~ (714) 765-5139 www.anaheim.net DRUG USE.. 115 ~'~ l ~IFEABUSE~': Approved Tentative Parcel Map No. 2001-105 to allow a 12-lot industrial subdivision for an existing industrial complex with frontage on a proposed private street based on findings found i_n paragraph (35)(C) of the staff report to the Planning Commission dated January 28, 2002 Sincerely, Eleanor Fema~ndes, Secretary Anaheim City Planning Commission CR5283DM.doc Staff Report to the Planning Commission January 28, 2002 Item No. 4 2. That all engineering requirements of the City of Anaheim along State College Boulevard, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, water facilities, street grading and pavement, sewer and drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with specifications on file in the Office of the City Engineer, and that security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of said improvements. Said security shall be posted with the City prior to final parcel map approval, to guarantee the installation of the above-required improvements prior to occupancy. 3. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 4. That prior to final parcel map approval, a maintenance covenant, shall be submitted to the Subdivision Section (Development Services Division) and approved by the City Attorney's Office. The covenant shall include provisions for maintenance of private facilities and a maintenance exhibit. The covenant shall be recorded concurrently with the final map. 5. That grading shall conform to requirements of Chapter 17.04 of the Anaheim Municipal Code. The developer shall submit the grading plan to the Department of Public Works, Development Services Division, for review and approval. 6. That prior to final parcel map approval, a sewer study shall be submitted to the Public Works Department for review and approval. 7. That prior to final parcel map approval, the developer shall submit a water quality management plan (WOMP) specifically identifying best management practices that will be used on-site to control predictable pollutants from storm water runoff. The WQMP shall be submitted to the Public Works Department, Development Services Division for review and approval. 8. That. prior to final parcel map approval, the developer shall complete the abandonment of Babbitt Avenue. An easement for public utilities shall be reserved. 9. That the property owner shall provide to the City of Anaheim an easement for public utilities as determined as the electrical design is completed. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 10. That prior to final parcel map approval, the original documents of the covenants, conditions and restrictions (C, C & R's), and a letter addressed to the developer's title company authorizing recordation thereof, shall be approved by the City Attorney's office and the Planning Department. Said documents, as approved, shall be filed and recorded in the office of the Orange County Page 17 1. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim to the 60- foot half-width right-of-way line along State College Boulevard. Staff Report to the Planning Commission January 28, 2002 Item No. 4 __ Recorder. A copy of the recorded document shall then be submitted to the zoning Division. Ih addition, provisions shall be made in the covenant to (a) establish an association to guarantee that. the entire complex shall be managed and maintained as one (1) integral parcel for purposes of reciprocal access and parking, vehicular circulation, signage, maintenance, lighting, and landscaping, and architectural control, (b) prohibit outdoor storage, work and displays (except within secured and screened yard areas), (c) require roof-mounted equipment to be screened from State College Boulevard and painted to match the roof, (d) prohibit temporary window signs, and (e) that the covenant shall be referenced in ail deeds transferring all or any part of the interest in the property. 11. That the property owner shall ircevocably offer to dedicate to the City of Anaheim an easement twenty (20) feet in width for water service mains and/or an easement for large meters public water facilities. 12. That the approval of Tentative Parcel Map No. 2001-105 is granted subject to the approval of and finalization of Variance'No. 2001-04471. 13. That prior to final parcel map approval, Condition Nos. 1, 2, 4, 6,7, 8, 9, 10, t 1, and 12, 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. Page 18 ITEM N0. 2 utaRP g'(REE1 E,'M RGl g9, RM.4 GUP L ag gA 0.LL g}9t-11 OR 8p9-53 VPR 17 cHUa" c~gscgaz R L6 39a1 RMAI R Fp PR MENZS °.~ R~E6z T U RcRe~g°z PPP TMVNTS `Zy 102D VPR4 o-l CRURLR 22 ~ N 63-64.14 -t RGU NPNEIM ODU 1pU pt~ pFO~ GE NT ac\.s g ~z 2 1 pU E R~M~ DEpPRTi'('E cHUacR Fpea ~ 165 ~Ag-(REE nM,s,9<Uz Guzo _3°G°o~era Zoe 1 ~~ P A .~ SP g~g591„ ` RR~~g 65.,9 ` Ras of \ntePGR GU SURE aL Llg}54AOL01 y RGLa gpG633j ~ ~EPGH ~RiuviW^a aag y ~ P VPR 16~42~ ~ R5'2 1 G t vPa ]Big A> ". aPPZ66> VP~~; S-2 1pU GUP\tlg QT "::. RDU LNURLO H~~U1 M R$-,L fT ~, aa~ege~e ~ y. R~2U'~ VAGPN,._ O ~nGPNt_. a>m~"' C a~ ~°~ ~ o • y f ~ m (' r iU ~ ~ m -_~ Z ZpU f Q Y DU '" ~ ~_ °' ~ U EPGF1 't 0 y ~., m ~ 1 Z P0.~sa ~ ^o / R pU N U niO ~ J 1 N ,o ~ RM-4 ,( ~ w 2 DL EMENTPR ~~Ao E` SGHpDt" ,o rr 1 L mvo 2ou z~ 1 ou G\.64ggAg 55.E cuPUS1g ~GF, \cE Gl ~g,,g ~n OFF g GH 1 U EP Pwg M mss - 6~^ o°~° ~~c nCH ' OU General Plan Amendment No. 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 THE LAND USE ELEMENT MAP OF THE ANAHEIM GENERAL PLAN REDESIGNATING THE PROPERTY FROM THE LOW-MEDIUM DENSITY RESIDENTIAL DESIGNATION TO THE LOW DENSIN RESIDENTIAL DESIGNATION. RECLASSIFICATION NO. 2004-00137 -REQUEST RECLASSIFICATION OF THE PROPERTY FRAM 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) REQUIRED FRONT YARD SETBACK (C) REQUIRED REAR YARD SETBACK (D MINIMUM NUMBER OF PARKING SPACES TO CONSTRUCT SEVEN (7) SINGLE-FAMILY RESIDENCES. TENTATIVE TRACT MAP NO. 16794 -REQUEST TO ESTABLISH A 7-LOT, 7-UNIT DETACHED SINGLE-FAMILY SUBDIVISION 502 South Harbor Boulevard 1606 ITEM N0. 2 :Staff Report to the i Planning Commission January 24, 2005 Item No. 2 2a. CEQA NEGATIVE DECLARATION (Motion); _ 2b. ;GENERAL PLAN AMENDMENT NQ2004-00421 ' (Resolution) 2c. RECLASSIFICATION NO?2004-00137'- (Resolution) 2d. -VARIANCE NO.'2004-04633: (Resolution) 2e. 'TENTATIVE TRACT MAP: NO. 16794 (Motion):: ~~.~;:oouuui r,~u:, io.u•r: ivv nwuwnu~nreac varuseioacrc ~uoc rvo. w~ ,(DELETED):, (d) 'Section No.18.04.110 - Minimum number of garking soaves Lot No. 6 (bELETED)' Tentative Tract Ma~No. 16794 - td establish`a 7-lot, 7-unit detached single-family residential subdivision. 'BACKGROUND: (3) This project was continued from he December 13, 2004, and January 10, 2005, Commission meetings o allow time for the applicant to submit a sewerstudy and Water Quality Management Plan to the'Public Works Department and to revise the tractimap andcsite plan Eo provide accurate lot dimensions. sr8852av Page 1 (4) 'i (5) GEC (s) (7) ',The Land llse Element of the Anaheim 'development. It designates the distri6u the permitted densities for each land us (8) The Land'Use Element text of he Genf `Density tesidential land use dfsignatid °The Low-Medium"Density Residential i 'uses, including detached, small-lotsi~g homes, zero lot line'homes, duplexes„ t ;.implemented bytheiRS-4, RM-1, RM-2 '.zero up to 18 units per gross acre. The LoWDensity Residential designati~ family detached houses. It is! implemer, i7ypical development consists'ofsingle- . permi resdE (9) _ The L Seve[ units' ..:..single amen. DEVELOP (10) Tfte'p 3 orla Genei (11) Thep detac plait parce Lot Proposed Lot Width Required; Lot Width Proposed LotDe'th *Requiretl " Lot De"th. ' Proposed Lot., ! Areas .ft. *Required Lot's .Areas .`ft 1 63 feet 50 feet 85 feet :120 feet 5,245 5,000 ;' i'2 63'feet 50 feet >? 85 feet 120 feet '5,355 i 5,000 r 3 69(feet 50 feet 84 feet :120 feet 5,832 5,000 ' 4 69 feet 5O feet 84 feet 120 feet 5,808 5,000 ' 5 60 feet i50 feet 106 feet 6,344 5,000 i 6 6Tfeet 50 feet 112 feet 7;468 i 5,000 7 67 feet 50 feet 92 feet :6,128 5,000 = i ne regwraa mm~mum roc aepm ~s oaseo on cone aeaian ~o.ua:uou.ueu percammg [o i lots located adjacent to an'arterial highway (Harbor Boulevard). * Lot Nos. 1, 2, and 3 are not. perfect rectangles. (12) The revised site plan (Exhibit No. 1, Revision No. 1) indicates the developmen (7) single-family homes with the following characteristics: Lot' ' Lof Size (sguarefeef), Front Setback "" "Proposed/Required ,Side Setback ProposedlRequlreil" Rear Setback ProposedlRequlred 1 5,245:: 15 feeU15 feet b feeU5 feet 15 feeU15 feet 2 5,355: 15 feeU15 feet 5 feeU5 feet 15 feeU15 feet 3 ? 5,832'. 15 feeU15 feet 5 feeU5 feet 15 feeU15 feet 4 5,808 75 feeU15 feet 5 feeU5 feet 15 feeU15 feet 5 6,344! 21 feeU15 feet 5 feeU5 feet 31 feeU15 feet 6 ` 7,468': 16 feeU15 feet 5 feeU5 feet 25 feeU15 feet 7 ' 6,128' 22feeU15feet 5feeU5feet 15feeU15feet Page 3 (13) Conceptual elevation renderings Craftsman style homes. The fio and covered porches. Finish'm brackets,: rock wainscoting, roue (14) Vehicular access to Lot Nos. 1 from Santa Ana Street and'ce ...~__ .. _. _.._ __.. ..__. _.., ..~ ............... ...... ..........p.................. p........~ provide a 75•foot front yard "setback in compliance with the development ':the RS•3`aone. This projectfsite was supplemented with additional squa, because here is no longer a requirement for dedication on Santa Ana St Therefore, this waiver has been deleted. (19)<Waiver5(c) and;(d) have been deletetli (2Q) The pet homes: the his$ Neghbi Neightii outstan Preserv to the h require' approvE issuanc FINDINGS: (21 ), When! p Zoning; becausi enjoyec is to pre granting va~anci (a),Tha topi 5. That the design of the subtlivision or substantial envronmental'damage o or their habitat. '' 6. That;the design'of the subdivisiorzot serious public health problems. i [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 (502 SOUTH HARBOR BOULEVARD) 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., notice 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 heacand 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, and January 24, 2005, Planning Commission meetings; 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 Element Map of the Anaheim General Plan redesignating the property from the Low-Medium Density Residential and Low Density Residential land use designations to the Low 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, BENT 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 24, 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. ATTEST: CHAIRMAN, ANAHEIM PLANNING COMMISSION SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Pat Chandler, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on January 24, 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 (502 SOUTH HARBOR BOULEVARD) 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 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 City of Anaheim on December 13, 2004, 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 CR\PC2005-0 -1- PC2005- connection therewith; and that said public hearing was continued to the January 10, and January 24, 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: 1. That the petitioner proposes reclassification of subject property from the O-L (Low Intensity Offce) and RS-2 (Residential, Single-Family) zones to the RS-3 (Residential, Single-Family) zoneor 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 tp 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 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 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: 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 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. -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 24, 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, Pat Chandler, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on January 24, 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 (502 SOUTH HARBOR BOULEVARD) 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-S, 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 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. CR\PC2005-0 -1- PC2005- WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 13, 2004, 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 variance and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the January 10, and January 24, 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: 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 adiacent to an arterial highway (Lot Nos. 1-4) (120 feet required; 84 feet proposed) (b) SECTION NO. 18.04.100 (c) SECTION NO. 18.04.100 (d) SECTION NO. 18.04.110 - Minimum front vard setback (Lot No. 6) (DELETED) - Minimum rear vard setback (Lot No. 4) (DELETED) - Minimum number of oarking spaces Lot No. 6 (DELETED) 2. That the above-mentioned waiver (a) is 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 (b), (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 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 -2- PC2005- 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 No. 2004-04633, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic in the adjacent public street or alley. Installation of any gates shall conform to Engineering Standard Plan No. 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 Tine 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 current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 10. That prior to rendering water service, the developerlownersholl 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. -3- PC2005- 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. 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 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. 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 reviewed by Planning Commission as a Report and Recommendation item for 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 Revision No. 1 to Exhibit No. 1 and Exhibit Nos. 2 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, 8, 10, 11, 12, 13, 14, 15, 16 and 17, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 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. -4- PC2005- 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}urisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. AND BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 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 24, 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 ) I, Pat Chandler, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on January 24, 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- PC2005- City of Anaheim [DRAFT] ~LA~NBNG ~EI,AlI2'I'1!/~EIVT January 24, 2005 California Shinnyo-En 2220 Summit Drive Burlingame, CA 94010 Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of January 24, 2005. 2a. CEQA Negative Declaration 2b. General Plan Amendment No. 2004-00421 2c. Reclassification No. 2004-00137 2d. Variance No. 2004-04633 2e. Tentative Tract Mao 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. vnvmana~eim.net 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 No. 16794 -Request to establish a 7-lot, 7-unit detached single-family subdivision Continued from the December 13, 2004 and the January 10, 2005 Planning Commission meetings. 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. 16794 (to establish a 7-lot, 7-unit detached single-family residential subdivision) including the following conditions attached to the staff report dated January 24, 2005. 200 Soulh Anaheim Boulevard P.0. Box 3222 Anaheim, California 92803 TEL (714) 765-5139 [DRAFT] 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 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 Attorney, to complete the required public improvements at the legal property owner's expense. Said agreement shall be submitted to the Public Works Department, Subdivision Section and approved by the City Attorney and 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 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: • 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. 9. That prior to issuance of certificate of occupancy, the applicant shall: • Demonstrate that all structural BMP's described in the project WOMP have been constructed and installed in conformance with approved plans and spec cations. Demonstrate that the applicant is prepared to implement all non-structural BMP's describe 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. [DRAFT] 10. That approval of this parcel map is granted subject to the approval of General Plane° Amendment No. 2004-00421, Variance No. 2004-04633 and Reclassification No. 2004- 00137, now pending. 11. That prior to final parcel map approval, Condition Nos. 2, 3, 4, 5, 6, 7, 8, and 10 above- mentioned, shall be complied with. 12. 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, Pat Chandler, Senior Secretary Anaheim Planning Commission Cc: Yadvinder S. Virk, Castle Dev., LLC, 9017 Harvard Ave., Buena Park, CA 90620 CR DM.doc C 0 O T anuany u6snl Iaa~15 ~aIIIW p,enalnog iawae~N pienalnoS a6allo~ alelg laail5 Ise3 ~pnlg w!ayeuy /'lg uowa-I pienalnog ~oq~eH laaAS p!pn3 laailS lsmy~ooiB laaAS Uagl!~J anuany epou6eyy anuany alep pienalnog yueag anuany walsa/y~ laa~1S pouS t N v 0 0 v °o ~ N ~ c c d o .- ~ m d C U N J ~ Q LL C C la U a > A v v rn~ E_ ~~ c~ a~ o m~ a~ E~ cc p`0,~ ~v sc c~ _ m .E ~ vm cc m°m @~ > @> c~ N> mo m S' ~< OQ U6 OQ ~Q VQ 7Q OQ mc: U¢ EXISTING LOW-MEDIUM DENSITY RESIDENTIAL ~ ~ 1 m pE~SI'fY a MEDNM E~~IA\' ~' REg\D 11~1S~I~U~lO~~1. p PSZREET ~ SPNTP PN sP r /~ ~ N ~ /~ \ G '~ ~ . N ~:. ~ r~ m `o v m of 1f ~4' r ATTACHMENT -ITEM N0. 2 ACRES 33 ODE S~ N ,D\U ~~'f1A RES\Q ~ \ ~~mmuter St LOVV-INEDIUM DENSITY RESIDENTIAL LOW ME ~E~1AL( OE~g1'f `~ RiT ~ %~ o ' N~ ' Z~ - r General Plan Amendment No. 2004-00421 Existing Figure 2 m~ m Z ~~ ArO/ 1 N~~ ~~/ ~ ~~ ~~ tstt ATTACHPfENT -ITEM N0. 2 Exhibit A ACRES LOW DENSITY RESIDENTIAL 33 2 \ DE~S1'CY i ~ RES ~E~~`P` QED ~mO~S~P '' 11~1S~I~U~IO~~L O S n G O .-. m o t O °~'- ~ / nm i ~~ I` IEDnE~'~\aAl- General Plan Amendment No. 2004-00421 Exhibit A Figure 3 tst t ATTACHMENT -ITEM N0. 2 MEMORAPIDUNT CITY OF ANAHEIIi~ ]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 properly located at the southeast comer of S. Harbor 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 Historic 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 azchitect, Jim Wilson, also reviewed these plans. As conditions for approving the project, Neighborhood Preservation is recommending the following: 1. Generally, the designs are all very similar in style. We recommend variations by changing materials, rooflines, eta 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. are 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 board 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:~DOd1B00911HGNfl+M09~PMMIC~+s~.'..ti. m~pp~ 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 vsvocseovswcv~ntosrnv~oca~noa.mr ~~noc ATTACHMENT -ITEM N0. 2 SECTION 4 APPLICANT'S STATEMENT OF JUSTff'ICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: PERTAINING TO: I~~~-.ow0.020 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 tlrere 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 quesfions regazding the property for which a variance is sought, fully and as comp]etely 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. ~.-~ a . _ i If vour answer is the C3-.c CS ~ hT'T ~-M"~'~ ?~~r? t~-Ti ~ E T~,frtT M,~~ o i 2. Are a specral circumstances that apply to the property different from other properties in the vicinity which aze in the same zone as your property? ~ Yes _ No answer is mss," describe how the property is different: ~~ / K- 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? Yes No answer if "yes," describe the special '<y1K The sole purpo fan variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved w ' 1 hav eff t of granting a special privilege not shared 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 o6j Signature of Property Owner or Authorized Agent Date CONDITIONAL USE PERMITNARIANCE Nt7.' N®• 2004 ° 0 ~ 6;_ 3 Were the special circumstances created by causes beyond the control of the property owner (ocprevious property owners)? „~ Yes _ No ATTACHMENT -ITEM N0.2 SECTION 4 APPLICANT'S STATEMENT OF 7USTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIIREgD FOR PARKING WANER) REQUEST FOR WAIVER OF CODE SECTION: i 0 • U~ ~ I ~~ yy~ i se azat~ s~ate~men s regpt~ed~.for e ch ode wgiv~r PERTAINING TO: I "`~~ U~~~ TV ®IGtb rr' @L~ ~4{~Y ~ 'B~I~. ~ P 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: I. 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. urt3 r) ~(' t: Ti~~Ti TFtt= SI ~ I your answer is~`Yes," describe the special circ stances: =! ~ ~ Auk ~ /' 2 ~ F8'f T ®'M" ~-TN - L~ 6. S rrinr,S~t3 P (,CS c > ~ ~-~-~-ES cvT. 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? ~. Yes ^ No If your answer is "yes," describe how a property is different: L®7 6 ~z~-f ~ ~~ ~LC.y ~uK-E gP STaK[ci~Lois fcz~nrfa v - ti? 4- ®-rr tI~R'~ true ~nr~ ~' nrr'~~~ nn~ry ~ ~ i ~-i-l: ~.r.-r~ 6 Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? ~( Yes No P P 4. Were the s ecial circumstances created by causes beyond the control of the property owner (or previous property owners)? ~ Yes _ No r oT 6 SITS /nr 1 b DZ~ /~ rf~~t- 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 ]d have the effect of granting a special privilege not shazed by other property in the same vicinity and zone w ' is n e 's a pressly au ed by zone regulations governing sub'ect property. Use variances aze not permitted. /~ ~/ 6 ~ Signature of Property Owner or Authorized Agent Da#e CONDITIONAL USE PERMITNARIANCE NO. ITEM N0. 3 SP 94-1 (SC) DA 2 RCL 65-66-24 (29) RCL 65-66-13 VAR 2876 SMALL INDUSTRIAL FIRMS CATELLUS CORPORATE CENTER SP 94-1 (SC) pA 2 MANASSERO DANCE STUDIO F- SP 94-1 (SC) W DA 2 ~ RCL 65-66-24 (29) ~ RCL 65-66-13 ~ CUP 2922 ~a CUP 3752 LLl VAR 3836 (n VAR 2878 ~ SMALL INDUSTRIAL Z FIRMS Q SP 94-1 (SC) DA 2 RCL 65-66-24 (29) CUP 3626 CUP 3019 VAR 4132 VAR 4104 VAR 2678 IND. OFFICE BLDG. VAR 26 E \(~ CUP 30 I \ -_....... SP 94-1 (SC) DA2 RCL86-67-64 (14) CUP 3010 VAR 4230 VAR 2676 INDUSTRIAL BLDG. SP 94-1 (SC) DA 2 RCL 65-66-24 (29) CUP 2004.04945 CUP 3010 VAR 4133 VAR 2878 CHURCH ' ~~ -- LA PALMA AVENUE SP 94-1 (SC) DA 2 RCL 66-67-64 (10) CUP 3918 VAR 3267 PS PUBLIC STORAGE SP 94-1 (SC) DA2 RCL fib-67-64 (10) MTI LING SP 94-1 (SC) DA2 RCL 66-67-64 (14) CUP 3010 VAR 2876 VAR 4230 ADJ 0150 INDUSTRIAL BLDG. SP 94-1 (SC) SP 94-1 (SC) DA 2 DA 2 RCL 66.67-64 (10) RCL 66fi7-64 {9) RCL 66-67-64 VAR 2323 I RCL 66-67-64 SMALL INDUSTRIAL TiEORMAt' FIRMS GRUBS CO. I 66 67 fi4 Conditional Use Permit No. 2004-04945 Subject Property Date: January 24, 2005 Scale: 1" = 200' Requested By: ICFG -ANAHEIM EAST Q:S. No. 172 REQUEST TO ESTABLISH A PRIVATE SCHOOL (PRE-SCHOOL THROUGH HIGH SCHOOL) IN CONJUNCTION WITH AN EXISTING RELIGIOUS ASSEMBLY AND THE USE OF A TENT FOR TEMPORARY CHURCH SERVICES DURING THE RENOVATION OF THE EXISTING BUILDING TO ACCOMMODATE THE PROPOSED SCHOOL FACILITY WITH A WAIVER OF MINIMUM NUMBER OF PARKING SPACES. 4905 East La Palma Avenue -Cornerstone Church lsas ITEM NO. 3 Conditional Use Permit No. 2004-04945 Subject Property Date: January 24, 2005 Scale: 1" = 200' Requested By: ICFG -ANAHEIM EAST Q.S. No. 172 REQUEST TO ESTABLISH A PRIVATE SCHOOL (PRE-SCHOOL THROUGH HIGH SCHOOL) IN CONJUNCTION WITH AN EXISTING RELIGIOUS ASSEMBLY AND THE USE OF A TENT FOR TEMPORARY CHURCH SERVICES DURING THE RENOVATION OF THE EXISTING BUILDING TO ACCOMMODATE THE PROPOSED SCHOOL FACILITY WITH A WAIVER OF MINIMUM NUMBER OF PARKING SPACES. 4905 East La Palma Avenue -Cornerstone Church isas .Staff Report to the Planning Commissioh January 24, 2005 'item No. 3' 3a. ` CEQA NEGATIVE DECLARATION (Motion) 3b. i WAIVER`OF CODE REQUIREMENT (Motion) 3c, i"CONDITIONAL USE PERMIT N0. 2004-04945 .:(Resolution) SITE LOCATION AND DESCRIPTION: (1) This rectangularly-shaped, 6.37-acre property is located at the northeast corner of Manassero Street and La Palma Avenue, having frontages of 458 feet on the east side of Manassero Street and 5Q7 feet on the north side of La Palma Avenue (4905 East La Palma Avenue - Comerstone Church). .REQUEST: (2) The applicanfrequests approval of a Conditidnal Use Permit under authority'of Code Sections 18:120.070.050.0511, 18.120.070:050.0528 and 18.38:240 to establish a private school (pre- school through high school) in conjunction with an existing religious assembly and the use of a tent for temporary church services during the renovation of the existing building to accommodate the proposed school facil(ty with waiver of the following: SECTION 18:06.050:0266 Minimum number of parking spaces 755 required; 397 existing and proposed; and General Industrial land uses. PREVIOUS ZONING ACTIONS: (4) The following zoning actions pertain to this property: (a) Conditional Use Permit No. 2003-04793 (to permit a church with waiver of minimum number of parking spaces) was approved by the Planning Commission on February 9, 2004. The action was`appealed to the City Council but the appeal was subsequently withdrawn. (b) Variance No. 4133 (to permit a 153,680 square foot research and development building with waivers of: a);minimum number of parking spaces and b) required number and size of loading spaces) was approved by the Planning Commission on July 11, 1991. (c) Conditional Use Permit No. 3010 (to permit industrially-related office`uses in conjunction with a proposed industrial complez)was approved by the Planning;. commission omuune zu;; ~ arse. Sr8848dh.doc Page 1 ® High School students would be prov of theproperty.The students wouldbe re and proceed to the rear parking area'(nort (southwest corner). A permit would tie rei Seniors with permission would be stile to!J The applicant has further stipulated that exit at Manassero Street. buying the wee at the two La Palma exits reading "No Lei Avenue. (9) Vehicular access to the site is provided vi driveways on La Palma Avenue. Plans'in spaces for this property. Code requires`? Use S ware Feet Code Parkin ' Re uirement er 1;000 s.f. ' Parkin Re wired Sanctuary (assembly) 10,000 29'spaces per 1,000 square feet of assembly 290 area or 0.333 space per fined seat whichever is greater Kitchen ! 1,330 Two-hundredths (.02) space per person forthe 11 maximum capacity figure of the assembly area determined b `the Fire De artment :Sunda School Rooms i 17 625. INdhe ancilla' use forchurch 0 Bookstore 2,133 5:5 spaces per 1,000 square feet 12 Storage 12,572 1.55 space per 1,000 square feet 19 Office (church and 9,22D 4 spaces per 1.,000 square feet 37 school ;Gym 7,978 29`spacesper1,000squarefeetofassembly 'r 231 area Pre-School 100 Students 1 pace per 10 students 10 12 Employees 1 space per employee 12 3,129 ElementarylJunior High 6 classrooms 1 space per classroom 6 Scftool 15 employees 1 space per employee ' 15 1,000 of office 4 spaces per 1;000 square feet ' 4 uses 4,051 total Amusement Center 9,220. 5.5 spaces per 1,000 square feet 51 High School 130 students 1 space per 6"students 22 20 employees 1 space per employee 20 850. Fitness/Dance/Exercise 2,662 5:5 spaces per 1,000 square feet 15 Restrooms 5,901 None 0 Lobbies, hallways, 44,329 None 0 condors '::TOTAL 131',000: 755 s aces attendance. The aF studies meet Mond members. The adn The'proposed'scho~ from 8 a.m. to 2:30' far the high school a.m? to 11:30'a.m.' pre-school and elen 'through Friday. Tltf maybe some activi ENVIRONMENTAL IMPAC' The proposed project will not increase or compete for on-street parking lot has'more than adequate. parking to accommodate ti school and church use peak parking demands.. (c) That the waiver, under the cond8ions imposed, if any, will not it for parking spaces upon adjacent private property in the immed proposed use. i ~~ The project pai Furthermore,! ti project's parkir (d) That the waive within the off-si That traffic antl spacesfdrthe' demand?peridtl (e)' That the waive or egress irom of the proposei (c);' I nat the;wawer,' under the condttlons imposed, Ifrahy, wlll'n and competition for parking spaces upon adjacentprivate p vicinity of the proposed use (which property is not;expressly such use under aniagreement in compliance with Section 1 Code); and (d) That the waiver, under the conditions imposed, if any, will n congestion within`the off-street parkingareas or lots providf (e) If if ,' Unlesi purses shalt t assure demai intens parkin uoon [DRAFT] RESOLUTION NO. PC2005- A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04945 BE GRANTED (4905 EAST LA PALMA AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1 AS SHOWN ON LOT LINE ADJUSTMENT NO. 277 RECORDED APRIL 2, 1992 AS INSTRUMENT NO. 92-205083, OFFICIAL RECORDS. WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 24, 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 "Procedures", to hear and consider evidence for and against said proposed subdivision 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 the use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.120,070.050.0511, 18.120.070.050.0528 and 18.38.240 to establish a private school (pre-school through high school) in conjunction with an existing religious assembly (Cornerstone Church) and the use of a tent for temporary church services during the renovation of the existing building to accommodate the proposed school facility with waiver of the following: SECTIONS 18.06.050.0266 Minimum number of parking spaces 755 required; 397 existing and proposed, and recommended by the City Traffic and Transportation Manager) 2. That the parking study indicates that peak parking demand for off-street parking spaces is substantially lower than the quantity provided for the church and school. 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. The proposed project will not increase or compete for on-street parking because its parking lot has more than adequate parking to accommodate both the proposed school and church use during peak parking demands. 4. That the waiver, under the conditions imposed, will not increase the demand for parking spaces upon adjacent private property in the immediate vicinity of the proposed use. The project parking lot is physically separated from other adjacent developments. Furthermore, there is no reason to encroach onto other parking facilities because the project's parking lot provides ample parking as indicated in the parking study. 5. That the waiver, under the conditions imposed, will not:increase traffic congestion within the off-street parking areas or lots provided for such use. That traffic and parking congestion will not occur because the church and private school would operate at different times, and the method of operation is such that the parking and loading areas for the private school would be segregated based on the grade levels. 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. The cr\PC2004-017.doc -1- PC2003-17 proposed school in conjunction with the existing church is physically separated from the adjacent private properties. Therefore, there will be no impeding of vehicular access into or out of adjacent parking lots. 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 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 because the site development standards of the underlying zone have been complied with, except for the parking waiver, which has been reviewed and approved by the City's Traffic and Transportation Manager 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 public health and safety. 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'** 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 school in conjunction with an existing church and the use of a temporary tent for interim church services 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 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: That operation of the church and school shall be limited to to 1,500 congregants and 350 students. The hours of operation shall be limited to the following, as stipulated by the petitioner in the letter of operation. Church services Three {3) Sunday services: 9:00 a.m., 11:00 a:m. and 6:00 p.m. Wednesday service: 7:00 p.m. to 9:00 p.m. Church classes Monday through Saturday 10:00 a:m . to 1:00 p.m. Administrativelschool office hours Monday through Thursday: B:00 a.m. to 5:00 p.m. Pre-Sdhool Monday through Friday 8:00 a.m. to 3:00 p.m. Dav Care Monday through Friday 7:00 a.m. to 6:00 p.m. Elementary and Junior High 8:00 a.m. to 2:30 p.m -2- PC2003-17 Hioh School 8:00 a.m. to 3:00 p.m. 2. That at no time shall there be any outdoor storage on the site. 3. That no portable signs shall be utilized to advertise the church or school; and that a sign program shall be submitted to the Planning Services Division for review and approval. Any decision by staff regarding signs may be appealed to the Planning Commission as a 'Reports and Recommendations' item. 4. That no required .parking area shall be fenced or otherwise enclosed for outdoor storage use. 5. That all applicable Fire Department and Building Division permits for the temporary tent shall be obtained. 6. That the temporary tent shall be removed from the property when the tenant improvements to the building are completed or by July 24, 2005, whichever occurs first. The Planning Services Manager shall have the authority to extend the time period up to six (6) months. Any additional extensions shall be approved by the Planning Commission as a "Reports and Recommendations" item. 7. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 8. That plans analyzing the existing building conditions and the codes applicable to the proposal, shall be submitted to the Building Division for review and approval to ensure compliance with such Building and Safety Code requirements (i.e., exiting requirements and occupancy loads). Said plans shall be prepared by a licensed architect and/or engineer. 9. That the developer shall submit street improvement plans prepared by a licensed Civil Engineer to the Public Works department, Development Services Division to improve Manessero Street. A six (6)-foot full width sidewalk and ADA compliant curb ramp shall be constructed in conformance with Public Works Standard Details 110 and 111-2. A bond shall be posted in an amount approved by the City Engineer and in a form approved by the City Attorney prior to the issuance of a building permit. A Right-of-Way Construction Permit shall be obtained from the Development Services Division for all work performed in the right-of-way. The improvements shall be constructed prior to certificate of occupancy. 10. That the property owner shall irrevocably offer to dedicate to the City of Anaheim a corner cut-off at Manessero Street and La Palma Avenue for road, public utilities and other public purposes. 11. That if the;premises are equipped with an alarm system, a Burglary Alarm Permit Form ADP 516 shall be completed and submitted to the Police Department. 12. That minimum 4 foot high rooftop address numbers shall be displayed in a contrasting color on the roofing material. Said information shall be specifically shown on plans submitted for Police Department, Community Services pivision approval. 13. That adequate lighting of parking lots, driveway, 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 Police Department, Community Services Division approval. -3- PC2003-17 14. That an Emergency Listing Card, Form ADP-281 shall be completed and submitted and filed with the Police Department. 15. That placement of physical barriers capable of stopping or deflecting a moving vehicle (low concrete wall, concrete planters, steel bollards, etc.) between the day care play area and the adjacent vehicle path of travel shall be provided. Said information shall be specifically shown on pions submitted for Police Department, Community Services Division approval. 16. That all windows and entrances to and into the classrooms shall be left open, clear and unobstructed, to allow an unimpaired line of sight by a peace officer into the interior of the classroom during school hours; and that all classrooms doors shall be equipped with locks that can be locked from the inside, allowing lockdown of those rooms in the event of criminal activity in, or around the school buildings. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 17. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. 18. That the fitnessldance room, gymnasium, book store and amusement area shall be accessory to, and for the exclusive use of school and church patrons. No signage visible to the adjacent streets shall be allowed for these accessory uses. 19. 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, and 2, and as conditioned herein. 20. 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. 4, , 9, 10, 11, 12,13, 14, 15, 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. 19, 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. 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 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. -4- PC2003-17 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 24, 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. CHAIRMAN. ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Pat Chandler, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on January 24, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: VACANCY: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2005. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -5- PC2003-17 ISEM N0. 4 6.62-( r.~P 1 0 Conditional Use Permit No. 2004-04946 (READVERTISED) ? Subject Property Date: January 24,2005 Scale: 1" = 200' Requested By: KATHY G. VERBURG Q.S. No. 130 REQUEST TO EXPAND THE OUTDOOR STORAGE OF AUTOMOBILES. 1448, 1450 and 1460 North Red Gum Street; 2961 East La Jolla Street isso ITEM I30. 4 Conditional Use Permit No. 2004-04946 (READVERTISED) Subject Property Date: January 24,2005 Scale: 1" = 200' Requested By: KATHY G. VERBURG Q.S. No. 130 REQUEST TO EXPAND THE OUTDOOR STORAGE OF AUTOMOBILES. 1448, 1450 and 1460 North Red Gum Street; 2961 East La Jolla Street isso Staff Report to the Planning Commissioh 'January 24, 2005 'item No. 4' l 4a. CEQA NEGATIVEbECLARATION (Motion) ' 4b. CONDITIONALUSPPERMITN0.2004=04946 (Resolution) SITE LOCATION AND DESCRIPTION; I (1) This irregularly-shaped 10.1-acre property;is located at the northeast corner of Red Gum Street and is Jolla Sheet with frontages of 743 feet on the east'side of Red Gum Sheet and 177 feet on the north side of La Jolla Street (1448, 1450 and 1460 North Red Gum .Street and 2961 East La Jolla Street). REQUEST: (2) The applicant requests approval of a conditional use permit under authority of Code :Section 18120.050:0545 for the expansion of outdoor storage'of automobiles. BACKGROUND: (3) The expanded property, is currently developed with a contractors storage,yard and is zoned SP 94-1 (DA 1;) (Northeast Area Specific Plan- Industrial`Area). The Anaheim'. General Plan Land Use Element Map designates this. property and all surrounding properties for General industriafland uses.:: The property is also located within the Merged Anaheim Redevelopment Project Area. r (4) The following zoning actions pertain to the expanded' property: ', (a) Conditional Use Permit No. 3408 (to';retain a temporary office trailer: at 1460 North Red Gum Street) was approved by he Commission in 1991, for two years. (b) Conditional Use Permit No, 2331 (to;retain a used auto storage, contractor's storage yard and fertilizer manufacturing in tfie ML Zone with waiver of required enclosure of outdoor uses at 1460 North Red Gum S#reet) was approved by the Commission in 1982: (c) Conditional Use Permit No.1489 (to permit the outdoor storage of automobiles with waiver of minimum number of parking spaces at 2961 East La Jolla Street) was approved by the Planning'Commission on September 4,1974. (d) Conditional Use Permit No. 1219 (to;permit an outdoor automobile-dismantling yard with waiver of#6e required 6-foot masonry wall at 1460 North Red: Gum Street) was approved by the Planning Commission on June 28, 1972:' (e) Conditional Use Permit No. 1153 (to establish a heavy equipment storage yard at 1450' North Red Gum Street) was approved by the Planning Commission on January 26, 1970. (f) Conditional use Permit No. 630 (to permit the continued operation of a landscape contractor's yard at 1450 North Red Gum Street) was approved by the Planning Commission on: September 28, 1964. : Sr8a45dh.doc Page 1 DEVEI (5)' AREA CODE-REQUIRED PARKING USE (s.f) pgRKING RATIO REQUIRED (per 1,000 sq. ft.) 1.55 spaces per 1,000 21 553 (which may include 30 spaces OfficelWarehouse Building , (4,000 of office) 10% office area with 7 spaces (for any office area over office area over 10% parked at 10% 4/1000 Storage Building; 1.55 spaces per (located on expanded 5,808 1 000 9 spaces arcel , TOTAL 27,361 ' 46 spaces ..................... ~~, '~i Y .>` ~~~r ~~ ~r~~~ ~, sx :~'~F;;.~ ~ ~ ~~ ~ t ~ fi ~} k ~ ,~~ EVAI ~~~)` ~f t) .VYU H : JUIIGVC GVIIUIUUIW gravel at least one• material or similar`! approved by City s trucks or forklifts ar The portion of he asphalt. 050 .060 .070 :080. ::090. c sun uunueuuy 5unum,.~yNea ut usGSanu nui vis~uie iu; puonc view project's compliance with conditions, staff recommends approval` FINDINGS: (14) 'Before the Commission grants any conditional use permit, it mus that the evidence presented shows that all'df the folldwing conditi (a) That the use as modified is properly one for which a conditi authorized by the Zoning Code, or isan unlisted use as dei (Unlisted Uses Permitted)bf Section'18.66.040'(Approval (ti) That the use as modified will not adversely affect the adjoir growth and development of the area' jh which it is proposec f [DRAFT] RESOLUTION NO. PC2005- A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04946 BE GRANTED - (1448, 1450 AND 1460 NORTH RED GUM STREET; 2961 EAST LA JOLLA STREET). WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1: THAT PORTION OF LOT 1 IN BLOCK 6 OF THE GOLDEN STATE TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGES 66 AND 67 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, SHOWN AS PARCEL 1 ON A MAP FILED IN BOOK 1, PAGE 38 OF PARCEL MAPS, RECORDS OF SAID ORANGE COUNTY. EXCEPT THAT PORTION LYING WITH IN THE LAND DESCRIBED IN DEED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT RECORDED FEBRUARY 3, 1980 IN BOOK 5617, PAGE 190 OF OFFICIAL RECORDS OF SAID ORANGE THAT PORTION SITUATED IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS LOT 3 IN BLOCK 6 IN THE GOLDEN STATE TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGES 66 AND 67 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA THAT PORTION OF LOT 1, BLOCK 6 OF THE GOLDEN STATE TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGES 66 AND 67 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, EXCEPTING THEREFROM THE SOUTHERLY 130.00 FEET OF THE W ESTERLY 148.63 FEET. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 24, 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 "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 WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the request to permit the expansion of outdoor storage of automobiles is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.120.050.0545 . 2. 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. 3. That the size and shape of the site for the proposed use is adequate to allow full development of the use in a manner not detrimental to the particular area nor to the public 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 because the site contains ample area for auto haulers to maneuver and unload vehicles entirely on the property. 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. Cr\PC2005-0 -1- PC2005- 6. That ****ndicated their presence at said public hearing in opposition; and that ** correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to expand an outdoor auto storage facility; 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 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. That the property owner shall submit a letter to the Planning Services Division requesting termination of Conditional use Permit No. 3408 (to retain a temporary office trailer), Conditional Use Permit No. 2331 (to retain a used auto storage, contractor's storage yard and fertilizer manufacturing), Conditional Use Permit No. 1219 (to permit an outdoor automobile dismantling yard), Conditional Use Permit No. 630 (to permit the continued operation of landscape contractor's storage yard), Conditional use Permit No. 1153 (to establish a heavy equipment storage yard) and Conditional Use Permit No. 1489 (to permit the outdoor storage of automobiles with waiver of minimum number of parking spaces). 3. That prior to commencement of the storage of vehicles within the expanded area all surfaces shall be paved, including the 4,500 square foot area which contains crushed rock. The surfaces of the entire expanded site shall be properly maintained. 4. That all existing and new chain link fencing and gates shall be interwoven with PVC slats. The fencing shall be of sufficient height to fully screen the materials stored outdoors from view of the public right-of- way. Any proposed gates shall also be interwoven with PVC. slats. Said information shall be specifically shown on plans submitted to the Planning Services Division for review and approval. 5. That no barbed wire, razor wire or similar security wire shall be visible in any direction to any non- industrially zoned property or any public right-of-way. 6. That the outdoor storage of automobiles shall not exceed the height of the perimeter fencing and shall not be visible off site. 7. That the outdoor storage shall be limited to automobile inventory only. The storage of vehicles shall be limited to those areas shown on approved exhibits. No damaged or salvage automobiles shall be permitted. 8. That no advertising including advertisements placed directly on the automobiles shall take place at this location. 9. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the current versions of Engineering Standard Plan Nos. 436 and 470 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said approved :plans. -2- PC2005- 10. 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 Plar" No. 475 and shall be subject to the review and approval by the City Traffic and Transportation Manager. 11. That no required customer parking area shall be fenced or otherwise enclosed for outdoor storage use. 12. That any loading and unloading of vehicles shall occur on-site only, and shall not take place in any required parking area or within the public right-of-way. 13. 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 Water Engineering Division of the Anaheim Public Utilities Department. 14. 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. 15. That a BurglarlRobbery Alarm permit application, Form APD 515 and a Fire Emergency Listing Card; Form APD-281, shall be obtained from the Police Department and submitted in a complete form. 16. That no activity other than automotive vehicle storage shall occur on the property. No vehicle auctions, repair, sales, rental, washing, detailing and/or salvage shall be permitted. 17. That no signage (other than the business name and address) shall be permitted, 18. That prior to demolition of any buildings on the property, a demolition permit shall be obtained from the Building Division. 19. That no retail sales and/or auctions shall occur on the property unless a request to amend this conditional use permit is approved by the Planning Commission at a noticed public hearing. 20. That one (1 ), 24-inch box sized tree shall be planted for every twenty (20) feet of street frontage along Red Gum Street and La Jolla Street. All on-site landscaping shall be served by permanent irrigation and maintained in a professional manner with regular maintenance. Any dead or diseased landscaping shall be replaced in a timely manner. 21. 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 fife with the Planning Department marked Exhibit Nos. 1 and 2 and as conditioned herein. 22. That prior to the commencement of the activity authorized by the resolution, or within one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 2, 3, 4, 5, 9, 10, 14, 15, 20 and 21 above-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. 23. 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. -3- PC2005- 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 24, 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, Pat Chandler, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on January 24, 2005 by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: VACANT: COMMISSIONERS; IN W ITNESS W HEREOF, I have hereunto set my hand this day of 2005. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2005- ~7~ ~,T r~ ~T yATTACHP~NT A~,v (ITEM SNOT. 4) Contractors /Consultants Photo No. I 1 I Address (IAA Anaheim -North 1) SW comer looking NE. 2) Cell tower, building, fencing and surrounding area to remain as is - no changes. 3) Unknown 10" backflow device. Photo No. 2 Address. :IAA Anaheim -North 3 Acre Parcel Date 3/16/04 ~ rti ,~~r ~1 ~; ~' >' r ~ ~ '~ ~` Description /Notes ~r:~> ~ , ~ ?N s „ 7) Looking East at South , ~~ ~` r ~ ~ ~ - ~' ~ " ~~ ~' ~ ~ Driveway & Tenant c,€ ,.,, , A 2) Remove Tenant A fencing. 3) Tenant A shall ~ v. remove all storage ~ a~~ , . ; ~ containers, vehicles, :~ r ~ ; = ~ ~ ~ , " t, ~ ` equipment, , °«~ ` i r. machinery, and '"~~'`~"~' ~ ~ ~ hazardous materials. g P x : n,- K 4) Install IAA standard. ~-~ ~ ~": fencing. ~~ ~ r~ ~, S) Install IAA standard ~~' ~~' ~~ ..f 1 ~~ +'~`- 3 5 ~ rolling gate. . ~ .. 3 F P- ~ ~ ~ +fl~' r .F. ' ~~~ RE e 5 rt/w Inspection Photo Report Page 1 of 14 Over 28 Years of Experience and Excellence in The Building Industry ~.J ~3Lt~~ ~.Lvd ~ fU ~ I1 ~l`I ~ ~i~~~~~9 ~l~ VL. Contractors /Consultants Date Description /Notes 1) Tenant A -looking North. 2) Remove Tenant A fencing. 3) Safe-off Tenant A electrical -power pole to remain.. 4) Remove Tenant A metal gazage building. 5) Remove Tenant A small dwelling with full utilities. 6) Fill-in Tenant A septic tank. Photo No. 14 -North 3 Acre Pazcel Description /Notes 1) Tenant A & B - looking NE. 2) Safe-off Tenant B electrical -power pole to remain. 3) Palm tree to remain. 4) Clean up foliage and Tenant A site. 5) Tenant A shall remove all storage containers, vehicles, equipment, machinery, and hazardous materials. Address ~ IAA Anaheim-North 3 Acre Inspection Photo Report Page 2 of 14 Over 28 Years of Experience and Excellence in The Building Industry ~1~1L~~ ~®1'~~ti.lyll~~1`~~ 3~~~~~~~ l"~~o Contractors /Consultants Description /Notes ]) Tenant B -looking North. 2) Remove Tenant B fencing. 3) Remove Tenant B small modular dwelling with full utilities. 4) Fill-in Tenant $ septic tank. 5) Clean up foliage and Tenant B site. 6) Tenant B shall remove all storage containers, vehicles, equipment, machinery, and hazardous materials. Address I IAA Anaheim -North 3 Acre Parcel Inspection Photo Report Page 3 of 14 Over 28 Years of Experience and Excellence in The Buildinglndustry ~ Photo No. ~ 5 ~ Address IAA Anaheim -North 3 Acre Parcel Date 3/16/04 Contractors /Consultants Address ~ IAA Anaheim -North 3 Acre Parcel Description /Notes 1) Tenant A & B - looking SE. - 2) Remove North PL ~. N ~ fencing. t, 3) Remove Tenant A & B buildings. _~°~ ~~~ ~ 4) Clean up foliage and ' Tenant A & B sites. 5) Tenant A & B shall remove all storage containers, vehicles, equipment, machinery, and hazardous materials 6) Install IAA standard fencing. Photo No. ~ 8 ~ Address IAA Anaheim -North 3 Acre Parcel 1) Tenant C -looking NE. 2) Remove Tenant C fencing. 3) Safe-offTenantC electrical -power pole to remain. 4) Remove Tenant C wood shed building. 5) Remove Tenant C small trailer dwelling with full utilities. 6) Fill-in Tenant C septic tank. 7) Tenant C shall remove all storage containers, vehicles, equipment, machinery, and hazardous materials. Inspection Photo Report Page 4 of 14 Over 28 Years of Experience and Excellence in The Building Indushy Contractors /Consultants Photo No. 9 Address IAA Anaheim -North 3 Acre Parcel Date 3/16/04 ~ ~ ~~? , . ~: , Description /Notes ' Pt , s . ~ ` 1) Tenant C -looking i .rr .3u= ,.. ; , North ~ ~ . 2) Remove Tenant C { carport. 3) Existing trees to i remain. 1) Tenant C -looking NW. 2) Remove Tenant C small dwelling with futl utilities. 3) Existing trees to remain. 4) Clean up foliage and Tenant C site. 5) Tenant C shall remove all storage containers, vehicles, equipment, machinery, and hazardous materials. Inspection Photo Report Page 5 of 14 Over Z8 Years ofFxperience and Excellence in The Buildmg Indushy Photo No. 10 Address lAA Anaheim -North 3 Acre Paccel Date 3/16/04 ftJ~~Le~~~ 1N~~J~U11d11~~1 ~vl~~~'e~~ ~l"~~o Contractors /Consultants Address Date i -North 3 Acre Parcel ~~+ . as Y, ~f`~;x Description /-Notes 1) Tenant C & D - looking East. 2) Remove Tenant C wood garage /shed structures. 3) Existing trees to remain. 4) Tenant C shall remove all storage containers, vehicles, equipment, machinery, and hazardous materials. Date Address ~ IAA Anaheim -North 3 Acre Parcel 1) Tenant C -looking SW. 2) Remove North PL fencing. 3) Remove Tenant C buildings. 4) Clean up foliage and Tenant C site. 5) Tenant C shall remove all storage containers, vehicles, equipment, machinery, and hazardous materials 6) Install IAA standard fencing. Inspection Photo Report Page 6 of 14 Over 28 Years of Experience and Excellence in The Building Indushy Contractors /Consultants ~ Photo No. ~ 13 ~ Address IAA Anaheim -North 3 Acre Parcel Date 3/16/04 Description /Notes "~ `'~ ~ 1) Tenant C -looking ~. ~ ~ . ~ ~ ` South e ~ ~ ~~, x ~',; ~~' ~~,.~ ,r ., ,= ,, , 2) Remove North PL fencing. ~ x, , ' ~ .;~ `'~''" 3) Remove Tenant C " ° ' -. `^"` ~ buildings. `~ 4 ,, ~ ~ ~ ~: t "• 4) Clean up foliage and ~ a~ ~~ ' +• r Y -.. " ~'_ r f 3 ? Tenant C site. e •+'~ '~` " t " ` yi~i Y ~ ~~' S) Tenant C shall "'"`~` a' ~ remove ap storage r" X -~''' containers, vehicles, equipment, machinery, and hazazdous materials ~ !~ ~( ~ 6) Install IAA standard ifidr ', d u fencing. .:2 .. a Description /Notes I) Tenant C & D - looking SE. 2) Remove North PL fencing. 3) Remove Tenant C & D buildings. 4) Clean up foliage and Tenant C & D sites. 5) Tenants C & D shall remove all storage containers, vehicles, equipment, machinery, and hazardous materials 6) Install IAA standard fencing. Inspection Photo Report Page 7 of 14 Over 28 Years ofFxperience and Excellence in The Bzzilding Indzcrtr~~ Photo No. 14 Address IAA Anaheim -.North 3 Acre Parcel Harp ~tn~ma ~fT~~.~~i.~~ ~'~~T~~T~.~`Til~T~' ~i'~~TA(r^'TG"C Contractors /Consultants Photo No. ~ 15 (Address ~ IAA Anaheim -North 3 Acre Parcel 1) Tenants D, E & F - looking East. 2) Remove Tenant D large metal and wood building. 3) Remove Tenant fencing - D, E & F 4) Safe-off Tenant electrical -power poles to remain - D, E & F. 5) Remove Tenant E trailer dwelling with full utilities. 6) Fill-in Tenant E septic tank. 7) Clean up foliage and Tenant D, E & F sites. Photo No. 16 Address IAA Anaheim -North 3 Acre Parcel Date 3/16/04 Description /Notes I) Tenant D, E & F - looking East. 2) Remove Tenant D large metal and wood ~ %~'~ ~ building. .. ~ 3) Remove Tenant ''~"'""~'~"`" '" fencing- D, E & F. 4) Clean up foliage and ~. ~ Tenant D, E & F sites. ~'" ' ~ " ~rc ,f ~. 5) Tenants D, E & F shall remove all storage containers, vehicles, equipment, machinery, and hazardous materials. Inspection Photo Report Page R of 14 Over 28 Years of Experience and Excellence in The Building Industry Contractors /Consultants Anaheim -North 3 Acre Parcel Date Description /Notes I) TenanT D & F - looking West. 2) Remove Tenant D & E fencing. 3) Remove Tenant D metal & wood garage building. 4) Remove Tenant D concrete block enclosure and adjacent wood shed building (not shown). 5) Clean up foliage and Tenant D site. 6) Install IAA standard fencing. ~ Photo No. J 18 ~ Address IAA Anaheim -North 3 Acre Pazcel Date ' 3/16/04 1) Tenant D, NE corner -r - looking NW. 2) Remove Tenant D $~ _ fencing. ~ ~ 3) Remove Tenant D dwelling with full utilities. 4) Fill-in Tenant D septic tank. ,, ~ 5) Clean up foliage and ~ ; ,l s~`~ r Tenant D site. 6) Tenant D shall remove all storage containers, vehicles, ~ ~ °' ~ equipment, ~- ,,. ~; Y ~x ~~ machinery, and ~ ~b k r ~ -~ k; ,f ~ f~~~~~ ~~ hazardous materials. 7) Install IAA standard ~ Inspection Photo Report Page 9 of 14 Over 28 Years of Experience and Excellence in The Budding Indushy Contractors /Consultants No. ~ 19 {Address {IAA Anaheim -North 3 Acre Parcel Description /Notes ~ 1) Tenant D; East side - ; looking South. ~~, 2) Remove North PL - fencing. ~_ ,~, 3) Remove Tenant D ~„' ~+ ~ ttl dwelling with full ~ ~ ~ ' utilities. a ~~ ,~ ~+,~ 1s. t~. F 4) Clean up foliage and ~~.,, ~ ~~' `" ~ ~ < Tenant D site. 5) Tenant D shall remove all storage ~k containers, vehicles, equipment, machinery, and hazardous materials 6) Install IAA standazd fencing, Date No. ~ 20 ~ Address ~ IAA Anaheim -North 3 1) Tenant D -looking SE. 2) Remove North PL fencing. 3) Remove Tenant D dwelling with full utilities. 4) Clean up foliage and Tenant D site. 5) Tenant D shall remove all storage containers, vehicles, equipment, machinery, and hazardous materials 6) Install IAA standazd fencing. Inspection Photo Report Page 10 of 14 Over 28 Years ofExperrence and Excellence in The Bui[dinglndushy Contractors /consultants Photo No. 21 Address IAA Anaheim -North 3 Acre Paccel Date 3/16/04 Description /Notes ""~ 1) Tenant D -looking ~ South. 2) Remove North PL ;~: fencing. !~ ` 3) Remove Tenant D metal wood garage ' 5} ~ ~(~"e <_ 1 building. K = ~ ,` ~ x~ ,`"zu~ ~t;u ~, ~'~ ~ . ~~ ;i, ~ : = 4) Clean up Foliage and ~ q ~ ' ; ~ Tenant D site. ~ ~- t ,~ ~~. ~r ~~~" ,~ ~~ 5)TenantDshall ~` ~~ y t ~ t - ~ ~ "~~ ^~ ~ ~• ;. remove all storage ~ ~~~~~ _~ u ~ containers, vehicles, ~ ; equipment, machinery, and hazardous materials ~f ~, ~ ,~,z ' 6) Install IAA standard ` ~^ fencing. IAA Anaheim -North 3 Acre Parcel 1) Tenant E, West side - looking SW. 2) Remove Tenant E fencing. 3) Tenant E metal garage building to remain as is - no changes. 4) Tenant E shall remove all storage containers, vehicles, equipment, machinery, and hazardous materials. 5) Install IAA standard fencing. Inspection Photo Report Page 11 of 14 Over 28 Years ofFxperience and Excellence in The Building Industry Date 13/16/04 I I ~~~ Contractors /Consultants Photo No. 23 Address IAA Anaheim-North 3 Acre Parcel Daze 3/16/04 tiF Description /Notes .. 1) Tenant E -looking w, +'~' West ., . 2) Remove Tenant E ~ fencing. ~ I! i"r~. ~ ~ ~~ 3) Remove Tenant E ' " ~~ ~ _ . ' '"~- ~~ modular trailer ,~ _ ;~ -° ~ ~ ~, , 1 dwelling with full s ,~ , ,, ~~r ~ t ~"~ ~' ~~' `°' utilities. ~ ~ xi ;~ - r ; 4) Tenant E metal n f ~ A t ,~ '~ `tF'~' ~ "' ~' C j ., garage building to z, shy ~ ~ . ~ ~ ~:~ remain as is-no < n"~~"-~~~`~;~°"z~'' Erg ., ~ changes. ~~~Y ~y, ~ ~ 5) Clean up foliage and x - ~ ~'~! ~~ T it E ,r~~ r '. -?a" x enant s e. 6) Install IAA standard ~ ..~ fencin . g Address 1) Tenant E & F - looking SE. 2) Safe-off Tenant electrical -power poles to remain - E & F. 3) Remove Tenant E & F modular trailer dwellings with full utilities. 4) Fill-in Tenants E & F septic tanks. 5) Tenant E metal garage building to remain as is - no changes. 6) Clean up foliage and Tenant E & F sites.. Inspection Photo Report Page 12 of 14 Over 28 Years of Ezperience and Excellence in The Bzeilding Industry Contractors /Consultants ~ Photo No. ~ 25 ~ Address IAA Anaheim -North 3 Acre Parcel Date 3/16/04 f Description /Notes ~,~ % ` I) Tenant F-looking .-. South. a ~ ~ ~,, ~~ ~ 2) Remove Tenant F ~ ~~~ Fencing. 3) Clean up foliage and ~; Tenant F site. ~ r 4) Tenant F shall remove `'i` F I all storage containers, vehicles, equipment, machinery, and hazardous materials. Address I [AA Anaheim -North 3 Acre Pazcel 1) Looking West at South Driveway & Tenant C. 2) Install IAA standazd rolling gate between adjacent existing IAA property and new 3 Acre Pazcel Bnspection Photo Report Page 13 of 14 Over 28 Years of Experience and Excellence in The Building Indushy tU~~r~~~ ~®l~~~J~II~l"I~ ~.~~t~IC/~y 1'~~® Cprit2'3C1:0I'S / COriSUltaritS Photo No. 27 Address [AA Anaheim -North 3 Acre Parcel Date 3/16/04 ~ , ~ ~ ~ 1'. , , Description /Notes ~ , r . ,., .: ;; ~ ~ ~, . ~, ~ ~~ aF"~ I) North Property Line - looking East. i 2) Remove North PL fencing. 3) Cell tower, building and surrounding azea fencing to remain as _ ~ is - no changes. ~~ 4) Install [AA standard , ",`~ 'ram ~ L fencing. r Sa Address I IAA Anaheim -North 3 Acre Parcel 1) North Property Line - looking East 2) Remove North PL fencing. 3) Install IAA standard fencing. Inspection Photo Report Page 14 of 14 Over 28 Years of Experience and Excellence in The Building Industry I RS-2 DU EACH RS-2 DU EACH Du RS-2 1 DU EACH ITEM N0. 5 ~ ~ RS-2 N RS-2 N 1 DU EACH ~ N 1 DU EACH W ~ F Q ~ a C 7 U K Q a VICTORIAAVF t- w RS-2 ~ t DU EACH a w RS-2 1 DU EACH S-2 ~ EACH U Q Z T ~ U 1DU Q N Q W. y W RS-2 1 DU EACH ~ ~ rn Z W ~ O ~ RS-2 ~ ~ DU EACH W H N W N O K K a RS-2 DU EACH ELM PL f- w H Q Q LODI PL 1D 1D TFt Reclassification No. 2004-00140 Subject Property Variance No. 2004-04640 Date: January 24, 2005 Tentative Parcel Map No. 2004-297 Scale: 1" = 200' Requested By: RITA GARCIA Q.S. No. 40 RECLASSIFICATION NO. 2004-00140 -REQUEST RECLASSIFICATION OF THE PROPERTY FROM THE T TRANSITION) ZONE TO THE RS-2 (RESIDENTIAL, SINGLE-FAMILY) ZONE, OR A LESS INTENS ZONE. VARIANCE NO. 2004-04640 REQUEST WAIVER OF (A) MINIMUM LOT AREA AND B MINIMUM LOT WIDTH TO ESTABLISH A 3-LOT., 3-UNIT DETACHED SINGLE-FAMILY RESIDENTIAL SUBDIVISION. TENTATIVE PARCEL MAP NO. 2004-297 - TO ESTABLISH A 3-LOT, 3-UNIT DETACHED SINGLE-FAMILY SUBDIVISION. 2034 West Broadway ~ss~ ~o oop. N ~-o ooo T N N~.- W N $n°~,^ 1 DU EACH QU UQa T ~ ~Qa, ~ W ~>~ 1 DU U ~ ~>~: ~ > O RS-2 RS-2 1 DU EACH t DU EACH ~ X03' ~ BROADWAY NV ov`r 7 N °mm ApJ 0191 oo~ VACANT Q- °o $i .ELM AVE ITEM N0. 5 5a. CEQA NEGATE 5b. '! RECLASSIFIC7 5c. `VARIANCE NO 5d. i TENTATIVE' PF S ITE LOCATIO (1) Thisre~ Broadw 'andi22 REQUEST:..... (2) iTheap~ Reclas Varianc the folic Parcel No. Proposed Lot Areas . ft. ' Proposed Lot Width Proposed Lof De th 1` 7,200 i 69 feet 103 feet ':2 7,20p 70 feet ? 103 feet 3 6,711- 64 feet ;104 feet ` Lot Ilnes do not create'a perfect rectang sr8851 av (6) In order to demonstrate that the'j site development standards of tfi (Exhibit No. 1) ndicating,that ne lots in compliance with the Bevel size,: parking, and building heigfil (7) The floor plans (Exhibit Nos. 2 tti consisting of a living room, family car garages. (t3) Elevation renderings (Exhibit No4 with"a similar atchitectural style ii arched windows, shutters and do stucco. (9) Vehicular access for the propose indicates a total of 1 B parking spi and3 open spaces adjacent toot spaces based on the ratio of 4 sF enclosed in a garage. ENVIRONMENTAEIMPAGT ANALYSISi iin~ e~~~ti ~ .o..~o,.,va wr ... .............i'. (11) The proposed reclassification of this: property from the T zon conformance with the Anaheim General Plan Land Use Eleri property for Low Density Residential land uses with a maxim per acre. This'0.52-acre site can support a theoretical maxit recommends approval of this reclassification since the prop Anaheim General Plan Land Use Element Map and is comp) residential land'use pattern. (12) Waiver (a) pertains to the'minimumiot area required for the minimum lot area of 7,200 square feet. The parcel map'and would be 6,711 square feet. (13) Waiver (b) pertains to minimum lot width. Code requires a n 64 to'69 feet is'!proposed. (14) The attached Justification for Variance indicates that there a immediate vicinity that are zoned RS-2 with a'lot area less tt width less tham70 feet. Therefore,;approval of the requester pro (` tfie red Bro mn 335:':'.. i.~ 0 N 53.DB' 1 ; , , t ~' ~~ ELM.AV t05bz BA.3d' ~ ~ i i ! 85' Zoning Map of surrounding neigh) (15) The graphic shown above displays the surrounding neigh The lot sizes and lot width are depicted in the following to Stot Number Lot Area' s:f. Lot Width ft. 145 6,511 60 146 '' 6,518 60 147 6,578 > 60 148 6,637 60 149 7,470 >' ' 61 ~~s~ a c FINDING ~1~) ~ e t E V E t 5. That the design of the subdivision or the proposed imF cause substantial environmental damage or sutistantii or wi{dlife or their habitak. '? 6. That the design of the subdivision or the type of impro serious public health problems. 7. Thafthe design;of the subdivision or the type dfimpro easements, acquired by the public at arge, for access within'the proposed subdivision. RECOMMENDATION: (19) Staff recommends, unless additional or contrary info and based upon the evidence submitted to the Comi .presented ih this staff report, and oral and written ev Ghat the Planning Commission approve the petitioner resolutionsand tentative parcel!map including the fir ~~ Page 5 [DRAFT] RESOLUTION NO. PC2005-" A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 2004-00140 BE GRANTED (2034 WEST BROADWAY) 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 250 FEET OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AMD MERIDIAN. EXCEPTING THEREFROM THE WEST 360 FEET THEREOF. ALSO EXCEPTING THEREFROM THE EAST 200 FEET THEREOF. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 24, 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 "Procedures", to hear and consider evidence for and against said proposed reclassification and to investigate and make findings and recpmmendations 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 applicant proposes reclassification of subject property from the T (Transition) zone to the RS-2 (Residential, Single-Family) zone, or a less intense zone. 2. That the Anaheim General Plan designates subject property for Low Density Residential land uses; and that the proposed reclassification would be consistent with the Low Density Residential land use designation. 3. That the proposed reclassification of subject property is necessary and/or desirable for the orderly and proper development of the community. 4. That the proposed :reclassification of subject 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 T (Transition) zone to the RS-2 (Residential, Single-Family) zone, 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. CR\PC2005-0 -1- PC2005- NOW, THEREFORE, BE tT 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 property from the T (Transition) Zone and to incorporate said described property into the RS-2 (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 safety and general welfare of the Citizens of the City of Anaheim: That prior to introduction of an ordinance rezoning subject property, a preliminary title 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 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. 3. 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 24, 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 -2- PC2005- 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 24, 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 -3- PC2005- [DRAFT] RESOLUTION NO. PC2005-"" A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 2004-04640 BE GRANTED - (2034 WEST BROADWAY) 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 NORTH 250 FEET OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN. EXCEPTING THEREFROM THE WEST 360 FEET THEREOF. ALSO EXCEPTING THEREFROM THE EAST 200 FEET THEREOF. WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 24, 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 "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: the following: That the petitioner proposes to construct seven (7) single-family residences with waivers of (a) SECTION NO. 18.04.040.010 - Minimum lot area 7 200 square feet required; 6J711 square feet for Lot No. 3 proposed) (b) SECTION NO. 18.04.050.010 - Minimum lot width 70 feet required; 646469 feet proposed) 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, including the location of the property at the intersection of two streets further constraining the divisible lot area because of the additional dedication on Broadway; 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 some lots in the adjacent neighborhood are developed without the required lot size or width. 5. That the requested variance will not be materially detrimental to the public health or safety or injurious to the property or improvements in such vicinity and zone in which the property is located. CR\PC2005-0 -1- PC2005- 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 waive the (a) minimum lot area and (b) minimum lot width to establish a 3-lot, 3-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 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 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. 2. That any required relocation of City electrical facilities shall be at the properly 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. 3. 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. 4. That all existing water services and fire lines shall conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 5. 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. 6. That all addresses for the new homes shall reflect orientation to Camellia Street to facilitate emergency personnel response. The property owner shall obtain addresses for the residences from the Building Division. 7. That final detailed landscape, fencing and irrigation plans for the proposed development shall be submitted to the Planning Services Division for review and approval. Fencing along Broadway shall be setback a minimum of 5 feet. Said landscape plans shall show minimum 24inch box sized trees, shrubs, groundcover and vines to be planted in layers adjacent to block walls facing Broadway, and a minimum of one (1) 24-inch box sized tree in the front yard of each property. All trees shall be properly, professionally, and permanently maintained to ensure mature, healthy growth. 8. That Variance No. 2004-04640 is hereby granted subject to the approval of Reclassification No. 2004- 00140 and recordation of Tentative Parcel Map No. 2004-297, now pending. 9. That final detailed site, floor and elevation plans shall be submitted to the Planning Services Division for review and approval. -2- PC2005- 10. That prior to the issuance of a building permit, the City of Anaheim Sewer Impact Mitigation fee for the Combined West Anaheim Area, Zone C shall be paid. The fee is currently $226 per unit for single-family residential developments. "' 11. That prior to issuance of any certificate of occupancy, the applicant shall: Demonstrate that all structural BMP's 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 BMP's describe in the project WQMP. o Demonstrate that an adequate number of copies of the approved project WQMP are available onsite. e Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMP's. 12. That the developer shall submit improvement plans to the Public Works Department, Development Services Division to improve Broadway and Camellia Street including an ADA curb ramp in conformance with Public Works Standard Detail Nos. 160-A and 111. A parkway and landscaping strip and sidewalk shall be constructed with the parkway irrigation connected to the on-site irrigation system and maintained by the property owner. Additional right-of way dedication shall be provided along Broadway. A bond for the required improvements shall be posted in an amount approved by the City Engineer and in a form approved by the Ciry Attorney prior to the issuance of a building permit. A Right of Way Construction Permit shall be obtained form the Development Services Division and all improvements shall be constructed prior to the issuance of the certificate of occupancy. 13. That prior to final occupancy, the developer shall remove the existing driveway approaches and replace with curbs, gutters, parkway landscaping and sidewalks. Aright of way construction permit shall be obtained from the Development Services Division and the improvements shall be complete prior to issuance of a certificate of occupancy. 14. That subject property shall be developed substantially in accordance with plans and specifications submitted to the Ciry of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 10, and as conditioned herein. 15. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 5, 6, 7, 8, 9, 10 and 12, above-mentioned, shall be complied with. Extensions for further time to complete said conditions maybe granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.. 16. That prior to final building and zoning inspections, Condition No. 11, 12, 13 and 14, above-mentioned, shall be complied with. 17. 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 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. -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 Anaheim Planning Commission meeting of January 24, 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 24, 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 -4- PC2005- City of Anaheim [DRAFT] ~'~. ~~ANN~IiTG DEhAI2'fi'~/iEIVT' ~, ^~ F ~ ~,~ . .January 24, 2005 - "'~` Rita Garcia 2034 West Broadway Anaheim, CA 92804 Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of January 24, 2005. 5a. CEQA Negative Declaration 5b. Reclassification No. 2004-00140 5c. Variance No. 2004-04640 5d. Tentative Parcel Maa No. 2004-297 Owner: Rita Garcia, 2034 West Broadway, Anaheim, CA 92804 Location: 2034 West Broadwav. Property is 0.5-acre located at the southeast corner of Broadway and Camellia Street. Reclassification No. 2004-00140 -Request redlassification of the property from the T (Transition) zone to the RS-2 (Residential, Single-Family) zone. Variance No. 2004-04640 -Request waiver of (a) minimum lot area and (b) minimum lot width to establish a 3-lot, 3-unit detached single-family residential subdivision. Tentative Parcel Map No. 2004-297 - To establish a 3-lot, 3-unit detached single- familysubdivision. ACTION: Commissioner- offered a motion, seconded by Commissioner-and MOTION CARRIED (one vacancy), that the Anaheim Planning Commission does hereby find that the proposed subdivision, together with its design and improvement, is consistent with the City of Anaheim General Plan, pursuant to Government Code Section 66473.5; and does., therefore, approve Tentative Map of Tract No. 2004-297 fora 3-lot, 3-unit detached single- familysubdivision subject to the following conditions: 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 Attorney's office. The covenant shall include provisions for maintenance of private facilities, including compliance with the approved Water Quality Management Plan, landscaping adjacent to the fence along Broadway 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 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 approved by the Ciry Attorney and Ciry Engineer and then recorded ~ concurrently with the final map. 4. That all units shall be assigned street addresses by the Building Division prior to the final map approval. 200 South Anaheim Boulevard P.D. Box 3222 Anaheim, California 92803 vnvvi,anahmm~=.t TEL (714) 765-5139 [DRAFT 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: o 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. 6. That prior to final map approval, 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 for all demolition. 7. That the streets, sanitary sewers and storm drains for this development shall be privately maintained, and such information shall be noted on the final map. 8. That approval of this tract map is granted subject to the approval of Reclassification No. 2004-00140 and Variance No. 2004-04640, now pending. 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 prior to the final map approval, the City of Anaheim sewer connection shall be paid. The fee is currently $300 per acre. 11. That prior to the final map approval, the property owner shall provide a comer cut-off easement at the comer of Camellia Street and Broadway for road and utility purposes. 12. That prior to final parcel map approval, Condition Nos. , 2, 3, 4, 6, 7, 8, 9, 10 and 11, above-mentioned, shall be complied with. 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. The City Council reviews all actions of the Planning Commission on tentative tract maps. The decision of the Planning Commission becomes final in Ten (10) days unless during that time you or an opponent file an appeal to the Council in writing or the Council elects to hold an additional public hearing on the petition. All appeals must be filed in writing with the City Clerk; a date for public hearing before the Council will be set by the City Clerk and an advertised public hearing will be held. The decision of the Council, approving or disapproving the action of the Commission at any public hearing held by the Council on appealed petitions, will be forwarded to you and your opponent within ten (10) days after said public hearing by the City Council. [DRAFT] This decision shall become final unless an appeal to the City Council, in writing, accgmpanied by an appeal fee, is filed with the City Clerk within ten (10) days from the date of this letter or unless members of the City Council request review of this decision within said 10 days. Sincerely, Pat Chandler, Senior Secretary Anaheim Planning Commission CR DM.doc APPLICANT'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) SECTION 4 ATTACHMENT -ITEM N0. 5 ',QUEST FOR WAIVER OF CODE SECTION: ~~. Og. ~~'® (A/ s,e,,p,~arate statement is required for each Code waiver) RTAINING TO: uJ / ~~E~- ;bons 18.74.060 of the Anaheim Municipal Code requires that before any variance or Code waiver may be granted by the ning Administrator or Planning Commission, the following shall be shown: That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 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. order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to ive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully 3 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. If your answer is "Yes," describe the special circumstances: SEE fF1'T'P<G1~}Wl'EA)T Are the special circumstances th,?t apply to the property different from other properties in the vicinity which aze in the same zone as your property? .y,/ Yes _ No If your answer is "yes," describe how the property is different: Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? Yes _No If your answer if "yes," describe the special circumstances: ~~ Were the spec' 1 circumstances created by causes beyond the control of the property owner (or previous property owners)? Yes _ No EXPLAIN e sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be proved which would have the effect of granting a special privilege not shazed by other property in the same vicinity and zone rich is n herwi a expressly authorized by zone regulations governing subject property. Use variances are not permitted. / 7 D mature of Proper Owner or Authorized Agent ate CONDITIONAL USE PERMITNARIANCE NO. VAR N0. 2004 ~ 0 4 6 ~ ~ SECTION 4 PARKING WAIVER FINDINGS e following findings must be incorporated in the Parking Demand Study when a Parking Waiver is requested That the variance, under the conditions imposed if any, 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; That the variance, under the conditions imposed if any, will not increase the demand and comapplication for parking spaces upon the public streets in the immediate vicinity of the proposed use; That the variance, under the conditions imposed if any, will not increase the demand and comapplication 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 subsection 18.42.050.030 (Non-Residential Uses -Exception); That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use; and That the variance, under the conditions imposed if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. Compliance with Parking Demand Study. Unless conditions to the contrary are expressly imposed upon the granting of any variance pursuant to this section, the granting of the variance shall be deemed contingent upon operation of the proposed use in conformance with the assumptions relating to the operation and intensity of the use as contained in the Parking Demand Study that formed the basis for approval of the variance. Exceeding, violating, intensifying or otherwise deviating from any of the assumptions as contained in the Parking Demand Study shall be deemed a violation of the express conditions imposed upon the variance, which shall subject the variance to revocation or modification pursuant to the provisions of Section 18.60.200 (City-Initiated Revocation or Modification of Permits). ATTACHMENTI JUSTIFICATION FOR VARIANCE/CODE WAIVER __ There are special circumstances that are applicable to the subject property relative to its size. It is approximately three times the size of many nearby properties. Because of the special circumstances that exist relative to its size, strict application of the zoning code would deprive the property of privileges enjoyed by other RS-2-zoned property in the vicinity. Following is a discussion of the basis for this conclusion. The proposed Project involves development of three detached, two-story (26-foot height), single-family residential dwelling units at 2034 West Broadway. Subdivision of the property into three parcels is proposed, thus requiring preparation of a Parcel Map. The lot areas, lot widths, average lot area and average lot width of the proposed Project are outlined in Table 1 below: TPM Approximate Approximate #2004- Lot Lot 00106 Area Width Lot (Square (Feet) Number Feet 1 7,200 70 2 7,200 70 3* 6,782' 66* Avera a 7,061 68 * Variance re nested. According to the General Plan Land Use Map, the Project site is currently designated Low Density Residential (LDR) (0 to 6.5 dwelling units per acre). Based on this density restriction, the maximum number of dwelling units that could be developed on the 0.52-acre (22,750 SF) property is approximately 3.38 dwelling units. As noted in the General Plan, typical development in this classification consists of single-family lots of 5;000 to 10,000 SF. The Project proposes development of three single-family lots of approximately 7,200 SF (two lots) and approximately 6,800 SF (one lot). Thus, the proposed Project would be consistent with the intent, permitted density range and required lot size for the LDR"designation. The Zoning Map establishes the property as "T" Transition Zone. The intent of the "T" Zone is to provide for a zone to include land that is used for agricultural uses, in a transitory or interim use, restricted to limited uses because of special conditions, or not zoned to one of the zoning districts in this title for whatever reason, including recent annexation. To facilitate development of the proposed Project, reclassification from T (Transition) Zone to RS-2 (Residential, Single- Family) Zone is proposed. According to Anaheim Zoning Code Section 18.04.020.050, the intent of the RS-2 Zone is to provide single-family dwelling units on a minimum lot size of 7,200 SF. The property development standards for the RS-2 Zone are summarized as fdflows: ® Minimum Lot Area:. 7,200 square feet; ® Minimum Lot Width: 70 feet; • Maximum Structural Height: 35 feet / 2'h stories; ® Maximum Lot Coverage: 40 percent; m Minimum Setbacks: --Front: 25 feet; VAR N0. 2004 - d ~+ 6 ~ 0 --Side: 5 feet; --Rear 25 feet The Project proposes development of three single-family lots of approximately 7,200 SF (two lots) and approximately 6,800 SF (one lot), with approximately 70-foot and approximately 65- foot lot widths, respectively. Therefore, a waiver of the Minimum 'Lot Width and Minimum Lot Area to construct one new SFR (Lot 3) is requested. With exception to these requested waivers for development of one of the three SFRs, the proposed site development would comply with the development standards for the RS-2 Zone. The proposed height of each of the dwelling units is 27 feet, which is below the RS-2 Zone's 35-foot structural height limitation. Additionally, the proposed site development would be in compliance with the maximum lot coverage and minimum setbacks.. The proposed residential Project would be compatible with surrounding land uses, as it represents infill development consistent with the surrounding residential development pattern (i.e., single-family residences), scale and density. More specifically, land uses surrounding the proposed Project consist of single-family residences to the north, south and east, and a vacant lot and single-family residences to the south. The surrounding residences consist primarily of single-story dwellings, although one two-story dwelling, approximately 30 feet in height, is located approximately 100 feet east (2010 West Broadway) of the proposed Project site. The lot areas, lot widths, average lot area and average lot width of RS-2-zoned properties located adjacent to Lot 3 and within Tract 2369 along West Elm Avenue (south of subject site), are outlined in Table 2 below and illustrated on the attached plans and photographs: Tract #2369 i Lot Mumber Approximate Lot Area (Square Feet) Approximate Lot Width (Feet) 145 6,511 60 146 6,518 60 147 6,578 60 148 6,637 60 149 7,470 61 Avera a 6,741 60 As indicated in Table 2, the lot areas and widths of the relevant existing adjacent properties are less than the Minimum Lot Width and Minimum Lot Area required in the RS-2 Zone. Further, a comparison of Tables 1 and 2 indicates that the lot area (6,752 square feet) and lot width (65 feet) of proposed Lot 3 are greater than the lot areas and widths of each relevant adjacent property. Also, the average lot area and width of the proposed lots are greater than the average lot area and width of the relevant adjacent properties.. Therefore, approval of the requested Variance would grant the proposed development privileges similar to those shared be adjacent properties. Additionally, the proposed site development would not alter the use, character, or integrity of adjacent properties, as it is considered an extension of the land use pattern that presently exists in the area. VAR ~0. 2004 - 0 4 b 4 ~ 2 - ~ 00'OZZ - - 9!'101-- 00 } lewasej ft~ll!10 ?~19°d 5 a mmo- N I~ ~`.. ~ (pNn- .. ~ Cl ~M.45.6ZA'N "' ~_ ,51'801 ..... ~O o o I ~~ - H - - -~ /s/ ~ N 0 ~- '/O N ~~ N ~ j S .n . dl 601 ~ o~ o M I ~p E m ~ ~ ~ ... co o ad `~ m = d o' 2. £1'011 z ~ `~---- --~ , tag 6 I w - ~ ~ ~~ o ~' o - ~ N (D.D '~ ~ _ g 1 ° ~ W .21111 "' M ~ d I 1 <° _ o - O J ~~~ /1/~1 /^ ~' -e N N - .~ ~y m ~ ~ y. LO W 6 ~~ I z _. 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TSAR l~~_ 2004 ®®~ 6 4 0 VAR NO. 2oa4 e p c~ b ~ o 2033 Elm Avenue: South Elevation, ITEM N0. 6 I I I INDUSTRIAL SMALL INDUSTRIAL FIRMS I I FIRMS .._ _.. _.. J V) I ~ ` RCL fib-67-74 1 q m RCL fit-63-3D ~ RC 53-54 3 ti ,~ ° CUP 3484 C P 229 o a CUP 2707 1 ~ SMA LIND STRI LFIR S "'~ U VAR 20D78 " j ~? SERVICE 1 _ STATION I ~ 1 RCL 53-54-3 RCL 66-67-14 RCL 62-63-30 CUP 2004-04947 62-63-3D SMALL IND. FIRM CUP 3206 VAR 4366 VAR 4336 VAR 2016 P 8 O COLD LOGISTICS LLC w T 3 I- U 9 Z O ~ W I' J p3 ~ 9 ~ 1 6"" Conditional Use Permit No. 2004-04947 Subject Property Date: January 24, 2005 Scale: 1 " = 200' Requested By: DON FLORIANI Q.S. No. 80 REQUEST TO CONSTRUCT A BRIDGE CRANE AND ESTABLISH AN OUTDOOR STORAGE YARD IN CONJUNCTION WITH AN EXISTING ENGINEERINGICONTRACTING BUSINESS WITH WAIVER OF MINIMUM NUMBER OF PARKING SPACES. 900 East Orangefair Lane -Facilities Engineering lssz ~ j j I I RCL 66-67-14 , llJ a I I RCL 62-63-30 1 ~ I ~ I I RCL s3-54-3 I I CUP 3448 1 W RCL 62 -6 3 -30 ~ I j CUP 3183 ~ 3 5 q 3 RCL 5 1 5 l a 4002 V A R ? 1 I VAR 3951 V A R 3951 ? I B Z ' I INDUSTRIAL FIRMS Q rn i ~ 1 I 1 ORANGEFAIR LANE 1 4 ~ ®I ~ 1a6 ® fist I 1 ITEM N0. 6 Conditional Use Permit No. 2004-04947 Subject Property Date: January 24, 2005 Scale: 1" = 200' Requested By: DON FLORIANI Q:S. No. 80 REQUEST TO CONSTRUCT A BRIDGE CRANE AND ESTABLISH AN OUTDOOR STORAGE YARD IN CONJUNCTION WITH AN EXISTING ENGINEERING/CONTRACTING BUSINESS WITH WAIVER OF MINIMUM NUMBER OF PARKING SPACES. 900 East Orangefair Lane -Facilities Engineering 1652 6aC 6bS 6c (6) The enlarged site plane. and floorplan (Exhibit No. 2) indicate a proposed top ric girder bridge crane located at the westerly portion of the existing parking area. the plan indicates a car parked uhderneath he bridge crane structure, this'are~ used for thestorage of materials and staging for transport. Access to the site i via a single driveway along the atljacent public alley (with access to Orangefaii plan further`indicates the building containsadministrative offices and a wareho along with nine (9) parking spaces on the property. Code requires 21 spaces i site based on the following: Sr5200jr 1 groundcover. Seven (7) trees are = 7 trees) within the property fror (g) ; No sign plans were submitted wil (10) The submitted letter of operation' design`and installation of overhe used primarily as3he corporate a products. The letterfurtherindici part time employees on site and' of which work in the field.: The products on site for loadngfur ENVIRONMENTAL IMPACTANALY (11) Staff has reviewed the prbpo the Planning Department) any recommends that a Negative Commission that the declarati thatt has considered the prb~ received during the public rev and any comments received: t significant effect on the envirc EVALUATION: (12) The constructidn of a bridge c yard is permitted in the I'zone (13) Code Section 18.38.200 perte `:010 Screening. ..The' ? solid and opaque fence or v (Screening,;Fences, lNalls' or unless a higher fence is material shall be located be neat and painted condition,:: or wall shall comply with the of Chapter 18.40 (General! section." of;the rear portion of the property. The height of the screening fE the height of the stacked equipment. Staff has included a conditi attached draft resolution requiring the refurbishment of the'fenci slats as required by this section. Staff has also included a Condit requiring the bridge crane to be painted'#o match the building. 020 Location. Outdoor storage shal(nof be located in any requ shall be confined to the rear of the main structure(s) pr the rear two-thl whichever is'the more restrictive except as maybe permitted under co for Outdoor'Storage Yards. When ft is located adjacent fo residential: (east fiReen (15) feet from the property line,° 'The outdoor storage and bridge crane are not within any setba the rear portion of the propertybehind the existing building.. The zones abutting this site. "030 Gates. All gates for access to the property shall swing inwi sideways. The gates shall be kept closed when not ih use except that open dwing business hours if the interior or contents of the storage ya from non-industrial areas or public streets. !The gatesshall be subject City Traffic and Transportation Manager." Access to the slide sideways. 5 hours. `:040 Surface gravel at least one indicates a total of 9 en submitted a parking leti Traffic'and Transportat would: be sufficient oa~l (16) Based'on the City Traff demonstrates the follow of•parking spaces: "(a) Thatthe vari street parkini necessary to and reasons Based on the existon-site': the proposec (b) Tftat the vari demand and immediate vi Based on'inf parking spac streets in the (c) That the vari~ demand for'F vicinity of the The propose adjacent priv (d) That the varii congestion w The propose pollution or tr (e) That the vari~ ingress to orr immediate vi. The propose pollution, orl ~dn ver off- h' paces :normal upon the public streetsin the immediate vicinity of the: proposeduse." -FINDINGS: (17) Section 18:42.110 of the parking ordinance sets forth the following findings, which are required to be made$efore a parking waiver is approved by the Planning',Commisson. (a) That the waiver, under the conditions imposed, if any, will not cause fewer bff- street parking spaces to be provided for such use than the number of such'. spaces necessary to accommodate ali vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use; and (b) That the waiver, under the conditions imposed, if any,;wili not increase the i demand and competition for parking spaces upon the'public streets in the immediate vicinity of the proposed use; and (c) That the waiver, under the conditions imposed, if any;'will not increase the demand and competition for parking spaces upon adjacent private property in the Page 5 immediate as parking 18.42.050.( (d) That he w2 congestion'. (e) ', Thaf he wa ingress to 0 immediated the use in a manner not detrimental`to the particular area c safety; (d) Thatthe traffic generated by the use does not(impose art u streets and highways designed and improved'to carry the (e) That the granting of the conditional use permif under the ci any, will not be detrimental to the ftealth and safety of tfie Anaheim. RECOMMENDATION: (19) Staff recommends that, unless additional or contrary information is rE meeting, and tiased upon the evidence submitted to the Commissor evidence presented in this staff report, and oral and written evidence public hearing,' he Commission approve this request by adopting the including the findings and'conditions contained therein. +' [DRAFT] RESOLUTION NO. PC2005' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04947 BE GRANTED ' (900 EAST ORANGEFAIR LANE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 21, PAGE 49, OF PARCEL MAPS, AS RECORDED IN THE OFFICE OF THE ORANGE COUNTY RECORDER. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 24, 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 "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 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 18.10.030.040 to construct a bridge crane and establish an outdoor storage yard in bonjunction with an existing engineering/contracting business with waivers of following: SECTION NOS. 16.42.040 Minimum number of oarkino soaces 20 required; 9 proposed and recommended by the City recommended by the City Traffic and Transportation Manager) 2. That the waiver, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonable foreseeable conditions of operation of such use. Based on the field survey conducted at the site, a sufficient parking surplus would exist on-site. The proposed parking supply will be sufficient to meet the needs of the proposed project; 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. Based on information provided by the applicant, the proposed nine (9) on-site parking spaces would not produce a need for parking spaces upon the public streets in the immediate area of the proposed use; 4. That the waiver, under the conditions imposed, will not increase the demand for parking spaces upon adjacent private property in the immediate vicinity of the proposed use. The proposed on-site parking would not create a demand or competition upon adjacent private property; 5. That the waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for such use. The proposed on-site parking will not increase traffic congestion, noise, air pollution or traffic circulation conflicts within the off-street parking area provided; 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. The proposed Cr\PC2005-0 -1- PC2005- on-site parking will not increase traffic congestion, noise, air pollution, or impede vehicular ingress or egress to or from the adjacent properties, upon the public streets in the immediate vicinity of the proposed use; 7. That the use does not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located; 8. That the size and shape of the site is adequate to allow the full development of the use in a manner not detrimental to the particular area or to the health and safety; 9. That the traffic generated by the use does not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 10. 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. 11. That *** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to construct a bridge crane and establish an outdoor storage yard in conjunction with an existing engineeringlcontracting business with waiver of minimum number of parking spaces; 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 grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping and fence maintenance, asphalt repair, removal of trash and debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 2. That the existing or new perimeter chain kink fencing shall be interwoven with new PVC slats. The fencing shall be of sufficient height to fully screen the materials stored outdoors from view of the public right-of-way. Said information shall be specifically shown on plans submitted to the Planning Services Division for review and approval. 3. That no barbed wire or razor wire shall be visible in any direction to any non-industrially zoned property or the public right-of-way. 4. That the ownerlapplicant shall verify the proposed bridge crane is not within the public alley adjacent to the site (alley corner cut-off). 5. That the bridge crane shall be painted to match the building and shall not contain advertising visible off-site. 6. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use. 7. That any loading and unloading of equipment shall occur on-site only, and shall not take place in .any required parking area or within the public right-of-way. -2- PC2005- 8. That 4-foot high address numbers shall be displayed on the office roof in a contrasting color to the roof material. The numbers shall not be visible from the view of the street or adjacent properties. Said .. . _. information shall be specifically shown on plans submitted for Police Department approval 9. That any oil, fuel or fluid waste products shall be disposed of in a manner consistent with applicable regulations. 10. That two (2) additional 24-inch box sized trees shall be planted and maintained in a healthy condition within the front setback, for a total of 7 trees. 11. That the granting of the parking waiver is contingent upon operation of the use in conformance with the assumptions and/or conclusions relating to the operation and intensity of use as contained in the parking demand 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 variance to termination or modification pursuant to the provisions of Section 18.60.190 of the Anaheim Municipal Code. 12. That no washing of vehicles or equipment shall occur on the property. 13. That clear unobstructed access to all parts of the property shall be provided at all times as determined by the Anaheim :Fire Department. 14. That the outdoor storage shall be limited to materials and equipment associated with the assembly of bridge cranes. No other outdoor storage shall be permitted. 15. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos.1, 2, 3, and 4, and as conditioned herein. 16. That prior to issuance of a building permit, prior to the commencement of the activity authorized by this resolution or within one (1) year from the date of this resolution whichever occurs first, Condition Nos. 2, 4, 8, and 14, above-mentioned, shall be completed. 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. 2, 5, 10, and 15, above-mentioned., shall be complied with. 18. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Cade 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 heretnabove 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- PC2005- THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 24, 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, Pat Chandler, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on January 24, 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 -4- PC2005-