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I U~ I ~l! Anaheim Planning Commission Agenda - 2:30 PM. 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 1 A. (a) (b) CONDITIONAL USE PERMIT NO. 2005-04975 (TRACKING NO. CUP2006-05074) Agent: Reky Hiramoto, Beazer Homes, 1800 East Imperial Highway, Suite 200, Brea, CA 92821 Location:' 1818 South State College Boulevard: Property is approximately 3.4 acres located south and east of the southeast corner of State College Boulevard and Katella Avenue with frontages of 327 feet on the east side of State College Boulevard and 105 feet on the south side of Katella Avenue (Platinum Centre Condominiums). Request to determine substantial conformance for modifications to previously-approved exhibits for an attached 265-unit condominium project within the Platinum Triangle. Continued from the March 6, and 20, 2006, Planning Commission meetings. Minutes 1B. Receiving and approving the Minutes from the Planning Commission Meeting of March 20, 2006. (Motion) Project Planner. (avazquezQanaheim.aet) H:\dots\clerical\agendas\040306.doc 04103/06 Page 2 Public Hearing Items: 2a. 2b. Location: 200 North Via Cortez: Property is approximately 5.7 acres located at the northeast terminus of Via Cortez and south of the SR-91 (Riverside Freeway), with a frontage of 161 feet on the northeast terminus of Via Cortez, located 837 feet north of the centerline of Santa Ana Canyon Road. (Caliber Motor-Mercedes Benz). Request to determine substantial conformance of revised elevation and sign plans for apreviously-approved automotive dealership This item was set for public hearing from the March 6, 2006, Planning Commission meeting. 3a. CEQA NEGATIVE DECLARATION 3b. CONDITIONAL USE PERMIT NO. 2006-05066 3c. TENTATIVE TRACT MAP NO. 17016 Owner: Brian Dror, 5967 West 3`" Street, Suite 102, Los Angeles, CA 90036 Agent: Rey Berona, Condo Conversions.com, 7439 La Palma Avenue, Unit 309, Buena Park, CA 90620 Location: 729 South Knott Avenue: Property is approximately 1.47 acres, having a frontage of 150 on the west side of Knott Avenue and is located 193 feet north of the centerline of Rome Avenue. Conditional Use Permit No. 2006-05066 -Request to convert a 54-unit apartment complex into a 54-unit residential condominium complex. Tentative Tract Map No. 17016 - To establish a 1-lot, 54-unit airspace attached residential condominium subdivision. Continued from the March 20, 2006, Planning Commission meeting, Conditional Use Permit Resolution No. H:\docs\cl a rical\ag a nd a s\040306. d oc Project Planner. (avazquezQa anaheim.net) Pmject Planner. Qprami2z aQanaheim. net) 04/03/06 Page 3 Agent: Hossein Zandi, Caliber Motors, 5395 East La Palma Avenue, Anaheim, CA 92807 4a. CEQA CATEGORICAL EXEMPTION -CLASS 1 4b. CONDITIONAL USE PERMIT NO. 2006-05070 Owner: Samuel Magid, Ball Euclid Plaza, LLC, P.O. Box 5272, Beverly Hills, CA 90210 Agent: John Dodson 1330 Olympic Boulevard, Santa Monica, CA 90404 Location: 1717-1723 West Ball Road: Property is approximately 7.3 acres and is located at the northwest corner of Ball Road and Euclid Street. Request to permit the division of a retail unit into three units and establish land use conformity for an existing commercial retail center. Project Ptanner. (avazquez aQanaheim.net) Conditional Use Permit Resolution No. 5a. CEOA CATEGORICAL EXEMPTION -CLASS 11 Request for 5b. VARIANCE NO. 2006-04681 continuance to May 1, 2006 Owner: Karl A. Bergstrom, 1662 La Loma Drive, Santa Ana, CA 92705 Agent: Steve Sheldon, 901 Dove Street, Suite 140, Newport Beach, CA 92660 Location: 200 West Alro Way: Property is approximately 1.5 acres, having a frontage of 100 feet on the south side of Alro Way, and is located 115 feet east of the centerline of Manchester Avenue (Bergstroms). Request waivers of (a) prohibited freestanding signs and (b) maximum wail sign letter height to retain one non-conforming business identification pole sign with electronic message board and one non-conforming business identification wall sign. Project Planner. (dherrickQanaheim.net) Variance Resolution No. H:\dots\clerical\agendas\040306.doc 04/03106 Page 4 6a. CEQA NEGATIVE DECLARATION 6b. WAIVER OF CODE REQUIREMENT 6c. CONDITIONAL USE PERMIT NO. 2006.05071 Owner: Gary Hui-Li Dou, Dou Family Trust, 15538 East Gale Avenue, Hacienda Heights, CA 91745 Agent: Robert Lombardi, P.O. Box 270571, San Diego, CA 92196 Location: 500 North Brookhurst Street: Property is approximately 1.22 acre and is located at the northeast corner of Brookhurst Street and Alameda Avenue. Request to permit a new commercial retail center with adrive-through freestanding restaurant with waivers of (a) minimum number of parking spaces and (b) permitted number of tenants on a monument sign. Conditional Use Permit Resolution No. Request for Continuance to April 17, 2006 Pro%ecf Planner. Qnixon@anaheim.nef) Adjourn To Monday, April 17, 2006 at 1:00 P.M. for Preliminary Plan Review. H:\dots\clerical\agendas\040306.doc 04/03/06 Page 5 CERTIFICATION OF POSTIPIG I hereby certify that a complete copy of this agenda was posted at: 4:00 a.m. March 30. 2006 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUnNC}I~L/~D/ISPLAY KIOSK SIGNED: if'/I//I,CP~~ I '/ /' I~~4PA.E'~ -~, If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits and Variances will be final 22 days after Planning Commission action and .any action regarding Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an .amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM PLANNING COMMISSION In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (714) 765-5139. Notification no later than 10:00 a.m. on the Friday before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.. Recorded decision information is available 24 hours a day by calling the Planring Department's Automated Tele hone S stem at 714-T65-5139. H:\dots\clerical\agendas\040306.doc 04/03/06 Page 6 SCHEDULE 2006 April 17 May 1 May 15 May 31 (Wed) June 12 June 26 July 10 July 24 August 7 August 21 September 6 (Wed) September 18 October 2 October 16 October 30 November 13 November 27 December 11 December 27 (Wed) H:\dots\clerical\agendas\040306.doc 04/03106 Page 7 Item No. 1A J) 0-15 to SE) 6-19 5-02 i 415 c SE) -14 X19 .-42 7 i (PTMU TTM 166 8 RCL 99-00-15 (Res. of Int. to SE) RCL 66-67-14 RCL 55-56-19 RCL 54-55-42 T-CUP 200404939 CUP 2004-04906 CUP 2862 CUP 1427 DAG 2005-00010 DAG 2004.00002 STADIUM LOFTS MIXED USE RESIDENTIAL CONDOMINIUM CUP 3386 VAR 4129 KATELLA AVENUE 1 (PTMU) RCL 99-00-15 ies. of Int. b SE) RCL 66417-14 RCL 56.57-93 CUP 1652 CUP 447 5 VAR 2616 MOTEL I (PTMU) RCL 99-00-15 (Res. of Inl to SE) ACL 56-57-83 (Res. of Inl. io~SE) RCL 9D-91-17 RCL 66-67-14 60-61-113 RCL 56-57-93 O-L (PTMU CUP 3457 RCL 2004-0029 O-L (PTMU) ....., ... TOWN PLACE CUP 3406 RCL 99-00.15 SUITES CUP 690 DALLY FITNES~yes. aF Inl to SE) VAR 2765 -_ RCL 90.91-17 ~~___~ RCL @6-67-14 ~~~~ RCL 56-57-93 -~~` ~~~ CUP 4141 ~ CUP 3957 `~~ ~ CUP 3406 BANK O-L (PTMU) PARKING ~\ O-L (P \ ~ RCL 20; 6L (PTMU) \ \ CCUUPP RCL 90-91-17 \ ~ OFFICE RCL 86417-14 ~ \ RCL 56-57.93 O-L (PTMU) ( \ 7-CUP 2000-04260 O-L (PTMU) FOOD t \ CUP 4141 CUP 3957 REST. COURT ~ \ CUP 3406 CUP 690 TPM N0.97-155 CuP 0356 T) REST. 1os I (PTMU) I ~ Y RCL 99-00-15 CUP 2e47 euP 4610 -e (Res. of lnl. to SE) MrACINALDe cuP ZSre ~ ` ~ RCL fib-87-14 ~ Z vna zaoe DRNE THRU CuP 44lfi ~ vow iszz REST cuP teu f , RCL 59-60.61 ~ ¢ vui zae "-~ F ~. Res of Intent to MH) n. ~=,s- er... ...,- „<., .,, ,... 'r RCL 56-57-93 - > CUP 2005-04967 LUP20a6-05W4 .^ ' e I(PTMU) -cuP ZOOS-BSOO7 >~~ RCL 99-00-15 cu Lupo' 975 ~- ~ 5 ' (R RCL 536f0o-6,E) FSP 4005-00005 r . ,.'. Res of Intent to MH ( ) OA02005-00005 ~,~ 1~y. on ¢csv-ao CUP 447 S CUP 1319 CUP 447 S MOTEL Q W J m W (..~ W J J U W f- f- Cn ttGL tlYLU-1J ~ les. of InL b SE} m RCL 6fi-67-14 RCL 56-57.93 CUP 1371 CUP 447 S VAR 25fi1 I (PTMU) I(PTMU) RCL 99-00.15 RCL 99.00.15 (Res. of InLlo SE) (Res. of InL b SE) RCL 66417-14 RCL 50.57-83 RCL 56-57-93 CUP 4475 CUP 2003-04721 IND. FIRM CUP 447 S SMALL IND. FIRMS ANGEL STADIUM OF ANAHEIM PR (PTMU RCL 99-00-5 /t / \ I (PTMU) (Res. of Int. to SE) / \ RCL 99-00-15 RCL 56-57-9 ( ^, (Res. Df Int. to 5E) CUP 2400 N on cc e, ee CUP 7511 ALL PROPERTIES ARE I'N THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE. Conditional Use Permit No. 2005-04975 TRACKING NO. CUP2006-05074 Requested By: REKY HIRAMOTO 1818 South State College Boulevard ~:k» 2 ~ ~ Subject Property Date: April 3, 2006 Scale: 1" = 200' O.S. No. 118 1DO6s City of Anaheim PLANNING I3EPAR'T1VlEN'I' April 3, 2006 Reky Hiramoto, Beazer Homes 1800 East Imperial Highway., Suite 200 Brea, CA 92821 Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of April 3, 2006. REPORTS AND RECOMMENDATIONS: 1A. (a) (b) Agent: Reky Hiramoto, Beazer Homes, 1800 East Imperial Highway, Suite 200, Brea, CA 92821 Location: 1818 South State College Boulevard: Property is approximately 3.4 acres located south and east of the southeast corner of State College Boulevard and Katella Avenue with frontages of 327 feet on the east side of State College .Boulevard and 105 feet on the south side of Katella Avenue (Platinum Centre Condominiums). wwwanaheim.nel Request to determine substantial conformance for modifications to previously-approved exhibits for an attached 265-unit condominium project within the Platinum Triangle. ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission has reviewed the proposal to determine substantial conformance for modifications to previously-approved exhibits for an attached 265-unit condominium project within the Platinum Triangle and does hereby determine that the previously-approved Mitigated Negative Declaration serves as adequate environmental documentation for this request for determination of substantial conformance. Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission has reviewed the request for substantial conformance, and does hereby determine that the revised plans are in substantial conformance since the revised exhibits substantially conform to the approved exhibits and the findings of the original approval; and because the modifications would enhance the design and livability of the project. Sincerely., Eleanor Morris, Senior Secretary Anaheim Planning Commission Cr em.doc 200 South Anaheim Boulevard P.O. Boz 3222 Anaheim, California 92803 TEL (714) 765-5139 Page 1 of 1 Attachment - Item No. 1-A Amy Vazquez From: Karen Sully [Karen~sheldongrp.com] Sent: Wednesday, March 29, 2006 2:52 PM To: Amy Vazquez Cc: Steve Sheldon; Gregg Gipe; bplatzerC~earthlink:com; Veronica Torres; Jay Wu Subject: Request for Continuance -Platinum Centre Condos CUP No. 2005-04975 Hi Amy, This a-mail serves as a formal request for a continuance of the Substantial Conformance determination for the Platinum Centre Condos (CUP No. 2205-04975 and CEQA Mitigated Negative Declaration (previously approved)) that is set to go before the Planning Commission on Monday, April 3, 2006. We respectfully request atwo-week continuance from that date to be heard at the April 17, 2006 Planning Commission meeting. The continuance is being requested so that we can further refine and work on the architectural details of the building elevations. Thank you in advance for you consideration in this regard. Sincerely, Karen S. Sully Project Manager, Land Use Sheldon Group 901 Dove Street, Svite 140 Newport Beach, CA 92660 (949) 777-9400 Phone (949) 355-2011 Mobile (949) 777-9410 Fax karen®sheldonorp.com E-mail www.sheldongrp.com Website 3/29/2006 Item Nn /~ / ' / r RCL 67-68-55 i ~. ~' ~a, '~ r: VACANT g1 / ~ \ 1~'g~ ~~~ 9A/ ~ 11~5~5 ~ 1 ,~ P 6~ 1~tl~" s :.. ~ ~ C'?GSC. F o / / SG \\3 ~'rv ~~~f S fi°P~b 1~ ar ~~~. 'G~pO~ ~p gip yr Z ~;'" _ ~ /l g1 i / ~Y.RGJQQ ~9py~~n811 / /- % / / \~ ~~ ~ QuSJ~~~Q+ ~ / A i 1 G a O ~ ~ ~ ~ 1 1 n r'GS~ \3~y. 5p1 3\gGl_a ~ / RS-3(SC) ~ I ~,~pp ,,6_ .F ~ ~ ~,GO(`(,~p0~~p,-'~$~ ~~~ F~JEP/ / p RC12001-00054 I / ~`k"~~JQ ~0~~'U°i ~ '~ i '~~ / RCL 67-68-55 c I ~ r„ ~ G JQ 1D a„~ ~~ P<J,/ 7-VAR 2002-04525 D 1 ~ , ~ e F <~,GJQ ~'" p~ VAR 2001-04443 p I ,. ~' ~ 'C / \~ T-SPT 2002-00005 1 ~ ,`.„'y ,.. 1 U H G~ / SPT 2001-00001 ~-.~~-_- SPT 98-01 \ ~ ~~ -~ ~ ~ 1 DU EACH 767 ~ 1 I /___ 63T /yo~4 olSa `1 DU CH ~ m 7 I I ,J ~~ 0 ':as ie~d ~ o' ' v~~ ~~ S~ay~ .-• ~ ~~OM ENE ~ ~ -- EL Rya ~ N ~ ~- RASE BLOS \ {/ C-G (BC) CUP 2395 m~ ~~ ~ \ \ RCL 71-72-21 CUP 3219 CDi .. ' \ \ n ~'r \ RCL 67-fi8.55 T-CUP 2005-05014 CUP 2346 = 7-CUP 2005-04994 CUP 2261 \ \ CUP 2004-04876 CUP 1757 R5-3 \ \ T-CUP 2003-04609 CUP 1735 1 DU EACH \ \ ~ r G CENTER CUP 2003-04750 CUP 1727 ~ ) ~.,~ CUP 2001-04428 CUP 1fi08 D CUP 2001-04406 VAR 2005-04670 O _ CUP 2000-04241 T-VAR 2005-04657 Q _ ~~E T C CUP 4087 200 VAR 4208 A 7 -~REE\~pUS~ CUP 4621 VAR 2636 m -S~ CUP 3747 VAR 2602 N /'~ \ VAR 2310 CUP 3600 (CUP 3383 RS 9 GH CUP 3221 (CUP 1616 ~ OV FJ\ SPN~ P j _ IV ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE. Conditional Use Permit No. 2003-04800 '~"~ „~i~ Subject Property TRACKING NO. CUP2006-05073 Date: April 3, 2006 Scale: 1" = 200' Requested By: HOSSEIN ZANDI Q.S. No. 185 No Address 10011 ~o: Conditional Use Permit No. 2003-04800 TRACKING NO. 2006-05073 Requested By: HOSSEIN ZANDI Subject Properly Date: April 3, 2006 Scale: 1" = 200' Q.S. No. 185 No Address ~oo~i JUIY LUU~ ', Staff Report to the ' Planning Commission April 3, 2006. Item No. 2 2a. CEQA MITIGATED NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) (Motion). " 2b. CONDITIONAL USE PERMIT NO. 2003-04800 (Motion) , (TRACKING NO. CUP 2006-05073) ' SITE LOCATION AND DESCRIPTION: (1) This irregularly-shaped, 5.7-acre property is located at the northeast terminus of Via. Cortez and south of the SR-91 (Riverside Freeway), with a frontage of 161 feet on the northeast terminus of Via Cortez, a maximum depth of 1,370 feet and is located 837 feet north of the centerline of Santa Ana Canyon Road (200 North Via Cortez-Caliber Motors). REQUEST: (2) The applicant requests a determination of substantial conformance of revised elevation and sign plans for apreviously-approved automotive dealership under authority of Code Section Na 18.60.190.020. : ' BACKGROUND: (3) This item was originally before the Commission on March 6, 2006, as a Reports and Recommendations item and was set for a; public hearing. Notices were distributed to neighboring properties within 300 feet of the property. (4) This property is currently under construction and is zoned C-G (SC). The Anaheim General Plan designates this property for General Commercial land uses. (5) General Plan Amendment No: E001-0041.5 (to amend the Land Use Element of the Anaheim General Plan redesignating tfteproperty from the Hillside Low-Medium Density Residentialland use designation to the General Commercial land use designation) and Reclassification No. 2003-001.13: (tp reclassify this property from the RS-5000 (SC) (Residential, Single-Family; Scenic Corridor Overlay) zone to the CL (SC) (Commercial Limited;. Scenic Corridor Overlay) zone was approved by the City Council on February 10, 2004. (6) Conditional. Use Permit No. 2003-04800 (to permit and construct an automotive sales dealership with accessory. roof-mounted equipment with a structural height greater than 35 feet (32 foot building plus 10 foot equipment enclosure) with waivers of a) maximum numtier of wal(signs; b) maximum structural height adjacent to asingle-family residential r zone, c) minimum structural setback adjacent to a freeway and d) required landscape setback adjacent to an interior site boundary line abutting a residential. zone) was approved, in part by the City. Council on February 10, 2004. The proposed structural height. (totaling 42 feet consisting of a 32-foot high building plus a 10-high equipmenEenclosure) , was approved in parf, to permit a maximum overall height of 82 feet. (7) Resolution No. CC2004-26, adopted in connection with Conditional Use Permit No. 2003- 04800, contains the fpllowing conditions of approvals "8. That the petitioner shall submit a Final Sign Plan to the Zoning Division for review and approval. Said plan shall show no s(gnage on the vehicle preparation building. Any decisionmade by the Zoning Division regarding the Final Sign Plan may be appealed to the Planning Commission or City Council. Said information shall be specifically shown on the. plans submitted for building permits. Page 1 Staff Report to the Planning Commission Apnl 3, 2006 Item No. 2 42. That subject p~dperty shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner end which plans are on file with the Planning Department marked Exhibit Nos 1 through 10 and' as conditioned herein including that the maximum structural height shall be thirty two (32) feet „ DISCUSSION: (8) The applicant is requesting' a determination of substantial conformance with previously- approved elevation end sign exhibits for revised elevationand sign plans for anew Mercedes Benz automotive dealership:.. (g) The original elevation plans for the vehicle sales building (Final Plan No. 3) indicate that the "entire building would be enhanced with slate stdne column5and vertical sheets of blue glass: The south elevation (facingsingle-family homes) would be completely covered with slate stone with the exception of 8-foot high windows that would be inset 2 feet from the exterior of the building to provide building depth and to mitigate potential iightimpacts on the neighborhood to the south. The entrances Ioceted on the east and west elevations would be offset 9 feetand covered in slate to create more building interest. The plans show a cohtemporary architectural design consistent witty the MercedesBehz image, while "tntegrating decorative stoneYo create a wermer building tfiat would be more compatible with the community,es previdusly suggested by the Commission (detailed minutes attached).. Staff feels that the originally approved elevations achieved the Commissions: request for a quality building that incorporates ~ich'materialsand artdulation that blends with the surrounding commercial and residential neighborfiood. (10) "The revised elevations (Revision No. 1; Final Plan No. 3) indicate the addition of blue 'painted metal columns oh the north, east and west elevations thafwould support an extended roof canopy. The applicant has indicated that this modification is being requested because these columns are an essential component to `the Mercedes Benz image. The staff report submitted to the Commssionef the March 6, 2005, meeting indicated that the stone columns would be eliminated.: The applicant submitted Yevised renderings in order to clarify that the columhs would .not be eliminated, but the blue metal :posts would be located in front of the columns. The,plans continue to propose a reduction in the stone around the ehtrances on the easy and west elevations, a contemporary blue band has been added to the entry features and the window mullions have beeneliminated. (11) When this request was originally before the Commission in 2004, specific design criteria was suggested to ensure that the vehicle sales building would be compatible with the surrouhding land uses and"the rural cheracter of the surrounding neighborhood. Staff appreciates the desire for Mercedes Benz to portrays distinct image, but believes the proposed modifications to the'elevation5 deviate from the origihat approval and the direction provided to staff from the community and Commission for ewarm building that wouldblend with'the surrounding community. Although the chenges to the buildfng ere minor, the addition of the blue metal poles, elimination of the window mullions and the reduction of stone at the entrances of the showroom creates'a more contemporary building design and decreases the warmth of the building. Therefore, given the'priordtrectiort of the original conditional use permiYepproval; staff is recommending the Commission determine that the revised elevations do not substantially conform to the previously-approved exhibits. Page 2 Staff Report to the Planning Commission April 3, 2006 Item No. 2 (12) The elevation plans ihdicate the foilowirig square footages for the wall signs: Elevation' Square footage a roved Square footage revised North " 63 180 South " N/A N/A East.. 54 46 West `54 180 `' (13) The approval of this application Included a waiver of the maximum number of wall signs: `This waiver was justified by the Commission and Council due to the fact that the signs were smaller that what the Cade allows (cdde permits wall signs not to exceed ten {10) percent of the building elevatibn or 200 square feet, whichever is less). This justification still applies since Code allows wall signs to be constructed up to 200 square feet and the proposed signs do hot exceed tfte ten (10)'percent maximum area. Therefore, staff is supportive of ` the proposed increase in size of the wall signs. ENVIRONMENTAL IMPACT ANALYSIS: (14) Staff has reviewed the request for a review of revised elevation and sign plans and the previdusly-approved Mitigated Negative Declaration and finds there are no changes to the originally-approved conditional use permit and that the request will not result in any significant adverse environmental impacts. Thereforeataff recommends that the previously-approved Mitigated Negative Declaration serve as the required environmental documentation for this request: FINDINGS: (15) Minor amendments require Planning Commission to determine whether the amendment is in substantial cbhformance with the use and/or the plans that were originally approved. Such review authority'mayapprove in wholebr inpart, conditionally approve or deny the amendment. Minor amendments do not require a public hearing unless the review authority determines, in its discretion, that a public hearing is apprbpriate. .0201 The original approval df the permit occurred less than ten (10) years prior to the request for amendment; '.0202 The underlying zoning and the General Plan land use designation for the area in which the'amendment is proposed have not changed significantly since the permit was origihally approved; .0203 No new waivers of code requirements are needed; .0204 The conditions of approval are not proposed to be amended; :.0205. No substantive changes to the approved site plan are proposed; .0206 The naturebf the approved use is not sighificantly changed; .0207 The approved use is not intensified; and ..0208 No new or substantiaCly greater environmental impacts would result. Page 3 Staff Report to the Planning Commission April 3, 2006. Item No. 2 __ (16) Before the Commission grants any conditional use permit, it must make a finding of fact ' that the evidence presented shows that all of the following conditions exist: - (a) That theUSe is properly one for which a conditional use permit is authorized by the Zoning Cdde, or is an'unlisted use as defined in Subsection .030 (Unlisted Uses Permitted) of Section 18:66.040 (AppFdval Authority);. (b) That the use will not advetsely affect the adjoining land uses or the growth and develdpment pf the area in which it is proposed to be located; (c) That the size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety; (d) That the traffic generated by the use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and (e) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. RECOMMENDATION: (17) Staff recommends that, unless additional or contrary information is received during the meeting, and based upon the evidence submitted to the Commission; including the evidence presented in this staff report, and oral and written. evidence presented at the putilic hearing, the Commission take the following actions: (a) By motion; determine that the previously-approved Mitigated Negative Declaration is adequate to serve as the required environmental documentation for the subject request. (b) By motion, approve, in part, the request for Determihation of Substantial' Conformance by taking the following actions (i) Denv the request to revise the elevation plans (Final Elevation Plan No. 3), for apreviously-approved automotive sales dealership because the proposed revisions do not conform to the Commission's original approval. The design change incorporating metal blue posts, elimination of the window mullions and the reduced entry features contribute to a more contemporary building design which would be contradictory to the original approval (ii) Approve the request to revise the sign plans (Final Elevation Plan No. 3), for a previously-approved automotive sales dealership by approving the increase in size since the revised signs would still be smaller than the Code would allow and would be proportional to the building'elevations. Page 4 City of Anaheim PLANNING DEPARTMENT April 3, 2006 Hossein Zandi Caliber Motors 5395 East La Palma Avenue Anaheim, CA 92807 Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of April 3, 2006. 2a. 2b Agent: Hossein Zandi, Caliber Motors, 5395 East La Palma Avenue., Anaheim, CA 92807 Location: 200 North Via Cortez: Property is approximately 5.7 acres located at the northeast terminus of Via Cortez and south of the SR-91 (Riverside Freeway), with a frontage of 161 feet on the northeast terminus of Via Cortez, located 837 feet north of the centerline of Santa Ana Canyon Road (Caliber Motor-Mercedes Benz). vuvw,anaheimnel Request to determine substantial conformance of revised elevation and sign plans for a previously-approved automotive dealership. ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission has reviewed the request to determine substantial conformance of revised elevation and sign plans for apreviously-approved automotive dealership and does hereby determine that the previously-approved Mitigated Negative Declaration serves as adequate environmental documentation for this request. Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission does hereby take the following actions: (i) Denv the request for Determination of Substantial Conformance to revise the elevation plans (Final Elevation Plan No. 3), for apreviously-approved automotive sales dealership because the proposed revisions do not conform to the Commission's original approval since the implementation of the metal blue posts, elimination of the window mullions and the reduced entry features contribute to a more contemporary building design which would be contradictory to the original approval. (ii) Approve the request to revise the sign plans (Final Elevation Plan No. 3), for a previously-approved automotive sales dealership by approving the increase in size since the revised signs would still be smaller than the Code would allow. Sincerely, Eleanor Morris, Senior Secretary Anaheim Planning Commission Excerpt-CU P2006-05073 29B South Anaheim Boulevartl P.0. Box 3222 Anaheim, California 92803 TEL (714) 765-5139 Item ND. 3 RM-4 RC176-71-11 VAR 2199 EL MIRADOR APARTMENTS 29 DU RM-0 4 DU EACH RM-4 RCL 62-63-76 CUP 375 VAR 2990 CONDO ...::.,._. 66 DU RCL 73-74-12 VAR 2544' APARTMENTS 125DU z a 0: w 3 z K U Q Q Z O ~ONp PPRKC~ OMITS PRPHEIM OGFCD J~ 374 „r .~ RM-0 ~~ s t~x~; T11.4 17016 -~~ +---RCL 65-66-30 '>'3`~r'vr SCUP 2006-OSOfie ~~" 4 VAR 3555 ~~SPRING LAIC ~~ . APARTMENTS ~ ern.,. 6a Dui... ~ Oe y w I I RM-0 V RCL 67-BB-33 ~ N~ ~, ~ I N m 0: ~¢ ~ N rF VAR 1611 Wa ~ INS ~~~ APARTMENTS ~ ~iQ ____ ~-d? nAE-2 c RM~ L'.64~6 RCL 79-80-02 1 DU E CH I W2/ RCL 77-78-57 i y (Res. of Inlenl to RS-7200) RM~ 3 VAR 3087 RCL 83-04-7 APARTMENTS VAR 3384 Z 6 Du VA NT IcL a 64-00 ~ S C RM ~ RCL 83-6460 ~ .1 DU El~GN Conditional Use Permit No. 2006-05066 Tentative Tract No. 17016 Requested By: BRIAN DROR 729 South Knott Avenue ~~~ ~~~~~ ~~I ~rC m q~ml ~'~' ~~~i SAVANNA ST 28 DU RM-4 RCL 62-63-104 CUP 407 W VAR 1197 ~x r4 ~ ~'`~.~?' ~ W VAR 1197 ~v ~ Q _'.,. Z RS-2 a ~ Y 1 DU CH w ~ ROME AVE 2 ''I/~~' 7~/II < ~ i~~ I I ~ O 16 Ul _ K 10003 RS-2 1 DU EACH RCL?ap1-00059 T4:UP 2001-09492 CUP 2001-04653 VAR 7946 RGL 001-00959 T-CUP 2001-06492 CUP 2007-04653 to Du ~'~ ~}a Subject Property Date: April 3, 2006 Scale: 1" = 200' Q.S. No. 2 1ou RS-2 1 DU EAI Conditional Use Permit No. 2006-05066 Tentative Tract No. 17016 Requested By: BRIAN DROR 729 South Knott Avenue Subject Property Date: April 3, 2006 Scale: 1" = 200' Q.S. No. 2 10003 uaie or Henai rnolo: July 2005 Staff Report to the Planning Commission April 3, 2006. Item No. 3 3a. CEQA NEGATIVE DECLARATION (Motion) " 3bJ CONDITIONAL USE PERMIT NO: 2006-05066 (Resolution) 30. TENTATIVE TRACT MAP NO. 17016 (Motion), SITE LOCATION AND DESCRIPTION: (1) This irregularly-shaped, 1.47-acre property has a frontage'of 150 on the west side of Knott Avenue, a maximum depth of 374 feet, and is located 193 feet north of the centerlirie of Rome Avenue (729 South Knott Avenue):.. REQUEST: (2) :.The petitioner requests approval of the following: (a) Conditional Use Permit No. 2006-05066 - to convert a 54-unit apartment complex into a 54-unit residentiatcondominium complex underauthority of Code Section Nos. 18:06.030.090 and 18.38.100.020. (b) Tentative Tracf Map No: 17016 - to establish a 1-lot 54 unit airspace attached residential condominium subdivision: BACKGROUND:' (3) This property is developed with an apartment complex and is within the RM-4 (Multiple- Family, Residential) 2dne. Tfie Anaheim General Plan designates this property for Medium Density F2esidential land uses: The Anafteim General Plan designates properties to the :...south for Medium Density. Residential land uses, properties to the east (across Knott Avenue) for Low Density Residential land uses; properties to tho west for Low-Medium Density Residential land uses, and properties to the north for Water Uses (flood control channel). PREVIOUS ZONING ACTIONS: (4) Variance No. 3555 to construct a 54-unif apartment oomplex with waiver of maximum structural height within 150 feet of a single family residential zone (one story permitted, two. stories proposed within 11 feet of a single familyYesidential zone) was approved by the Planning Commission on Aprii 28, 1986.' DEVELOPMENT PROPOSAL: {5) The applicant is requesting a conditional use permit and tentative tract map to convert a 54- unlt apartment complex into a 54-uhit residehtial condominium complex: The site plan (Exhibit No: 1) and tehtative tract map indicate the following site characteristics:' GUP05066 PC032006 SRJR Page 1 Staff Report to the Planning Commission April 3, 2006 Item No, 3 ;:' f7euelo`"merit;Stardards x ~.~' „~~;,Pto ose ;Prn ed(s „ `-~.. ~. 3 .n<' L-?4;Toire ~fdntfaF`sis ~ .. Site Area 1.47 acres 64,727 s.f. N/A Number of Dwellin Units 54 dweliin units" 54 units maximum. Avera a Land Area er Unit 1,198 s.f." 1,200 s.f: minimum"' Lot Covera a 47.0% 55% maximum Avg: Rec/Leisure Area per DU 378 s.f. perunit (20,420 s.f. total " 200 s.f: per unit (10,800 s.f. total "Existing site characteristic as previouslyapproved. (6) The site plan (Exhibit No. 1) and tentative map indicate the following setbacks: °. Dire~tron ~° Fx~stirtg Stdr7ofurat~ind Code Required` ~ xAd)acenf~~onthg a Lantlsca er] S~tfiac P ks Sfrpctdraf 5etbacjis ~-. r ~ ~ ~ r , ` ~T~ 4 ~~ . <.t. - - North (adjacent to flood ~~' ~ 4-33 feek structural" 15 feef structural NA channel) 0-21 feet landsca eo" 5 feef landsca ed East (adjacent to Knott 20 feet structuraC° 20 feet structural RS-2 Avenue) 20 feetlahdscaped'° 20 feet landscaped (across Knott Avenue East (adjacent to single 5-15 feet structural" 15 feet structural T family residences) O feet lendsca ed'* 5feetlandsca ed South (adjacent to 5-15 feet structural'* __15 feet structural RM-4 multiple-family residences) 0-11 feetlandsca ed" 5feetlandsca ed West (adjacent to 5-16 feet structural" 15 feet structural RM-2 multiple-family residences) 0 feetlandsca ed ' S andsca ed "Existing site charectensticas previously-approved. (7) The site plan further indicates a setback of 18 to 45 feet,between the various buildings on site. Code requires. a minimum of 30 feet between these structures based upon the wall type ahd number of stories (primary wall of two stories in height). The site plan indicates an existing 6-9 foot high concrete block wall along the south, west and east propertylines (adjacent to singie,family homes), and an existing 7-9 foot high combination block wall with wrought,iron located along the north property line. (adjacent td the flood control channel).' Concrete brick pavers or colored/stamped concrete wouldbe incorporated into the driveway entry as a decorative treatment:. Code permits fences at a maximum of three feet in height within the required street setback and a maximum height of six feet within all other required setbacks, except where amultiple-family development abuts asingle-family zone, the wall or fence may be extended to eight (8) feet in height. (8) Vehicular access would be provided via athirty-foot wide driveway from Knott Avenue leading Into both the surface and subterranean parking areas. The parking plan (Exhibit No. 2) indicates 135 parking spaces are available on site (9 spaces within the surface lot). Code requires a total of 128 parking spaces based on the requirement of three (3) spaces fora 3-bedroom unit (3 x 8 units = 24 spaces) and 2.25 spaces fora 2-bedroom unit (2.25 x 46 units = 103.5 (104) spaces. Of the 135 parking spaces, nine (9) are designated as visitor spaces: The applicant has indicated that five (5) spaces within the structure would be designated as "guest" spaces with access obtained by a call box: Code requires fourteen. {14) of the spaces on site to be designated for guests (0.25 spaces x 54 units = 13.5 (14)). There is an existing gate across the entry into the subterranean parking area Page 2 Staff Report to the Planning Commission April 3, 2006 Item No. 3 (g), - The floor plans (Exhibit Nose. 3 and 4) indicate single-story units consisting of living and dining rooms, kitchen, bathroom (s), and outdoor deck and balcony areas:. Each unit also has a separate utility/storage area which oontains'approximately 100 cubic feet of storage space. Although the units do not have individual laundry facilities, the four (4pexisting laundry rooms would be upgraded so that the number of new washers and dryers would be doubled (from four to eight): in each facility (with the use of stackable'units). No modifications tathe interior floor plans are proposed; however, the petitioner has indicated that the following improvements would be made to each of the units prior to the sale of the. units: a Replace the flooring (carpet and vinyl): ® Replace the couhtertops and cabinetry (including fixtures) in kitchen'and'restrooms. Install smoke detectors in ail bedrooms -a Replace AC units' Replace forced air units Replace all front doors and utility doors Replace gas ranges Replace dishwashers (10) The units are located within five (5), two-story buildings located on site and are summarized as followsi" PIa1i' ` Na a€ Uttlts`~~ ",' ~ xTota[ Ltyr~g Area* '` ~Nu Of ~ ~ r +~~ ' ~, ~ ~ `~ ~ ,13ed~roomsf s ~ L ~ 5r. 4 (` 4 ~x' , , ~ z f' J ~ E } . y. .~ i `~.. ...'M1. V Y . d. A 44 ` ~ 848 square feet 2 Bedrooms 2 Bathrooms: B 8 1,056 square feet 3 Bedrooms 2 Bathrooms C 2 860 square feet 2 Bedrooms 1 Bathrooms `Code7equires a minimum floor area of 825 square feet for fwo bedroom Unds and a minimum of 1,000 square feet for three bedroom units. (11) Elevation plans (Exhibit No. 5) indicate photographic renderings of the proposed modifications to each'of the five buildings on site: The site cdntains five, two-story. buildings consisting of beige and peach colored buildings, with concrete"S" the rooftops, 'aluminum windows,`and turquoise wrought iron fencing and balcony/stairway railing. The proposal includes painting the buildings complementary colors (CreamyApricot and August Morning) on the building wall planes to highlight the existing'building articulation: The turquoise wrought iron would be painted brown (Colorado Trail): All the windows and doors would be'enhanced with the installatlon'of foam molding treatments and'shutters in some "instances (painted an'accent color- Colorado Trail);' The renderings further reflect the replacemenfof all entry doors wish CherryWood 6-Panel doors with brushed nickel finish. 'floor handles, decorative light fixtures and address number panels. The'second floor wrought iroh and tialcony railings would tie painted brown (Colorado Trail) and privacy screening would be affixed to the railing to screen the balconies. Interior courtyard posts would be enhanced With a decorative Roman Doric'style column treatment with decorative base. (12) Elevation and hardscape plans (Exhibit No. 5) indicate the parking area adjacent to Knott Avenue would be refinished with a stamped concrete decorative treatment. The renderings. Page 3 _. Staff Report to the Planning Commission April 3, 2006 Item No. 3 _ further reflect a decorative concrete treatment within all interior courtyards and the pool recreation area. The turquoise wrought iron adjacent to the pool area would also be painted brown (Colorado Trail) and the exterior finish to the'restrooms and walls would be painted to match the other buildings on site. (13) The site plan and elevation plans (Exhibit Nos. 1 and 5) indicate a twenty (20) foot wide landscaped setback adjacent to Knott Avenue consisting of eight{8) existing trees, planter areas and sod.,The plan also shbws planter areas located within the surface parking lot, and within the interior courtyard areas within the complex. The site also contains a landscaped area at the northwest comerof the property. The renderings reflect the enhancement of the street setback landscape. area with the addition of low flowering shrubs and plants ("Buds of Paradise") to provide coloralong the base of thebuildings Shrubs are also proposed to screen an existing backflow device within the setback area. Terra Cotta planter boxeswould be added in frontofeach space in the surface parking area and would be planted with flowering shrubs and set with a drip. irrigation system. Interior courtyard planters would be enhanced in the same manner as the front setback area: Circular Terra Cotta plahter pots would also be added throughout the courtyard areas and planted with flowering shrubs and set with a drip irrigation system. All theplanter areas within the front setback and wlthih the interior courtyard areas would be finished with a stacked slate veneer to add visual interest and update the look of the ezte~ior building finisfies. The pool.` area would be equipped with patio seating and new lounge chairs, as well as the circular Terra Cotta planter pots: The rear recreation/picnic area adjacent to the pool would be ?enhanced with the additiohof trees ahd shrubs along the pe~imeterwall, as well as the addition of a covered seating area andhew barbeque grill (14) California Government Code Section 66427.1 contains specific requirements for approval of a final map for a subdivision created from the conversion of residential .real property into. a condominium project. California Government Code Section 66427.1 reads as follows: `(a) Eachof the tenants of the proposed condominium project...has received, pursuant to Section 66452.9, written nofificatfoh of intention to convert at least 60 days prior to the filing of a tentative map pursuaht to Section 66452. There shall be a further finding that each such tenant, and each person applying for the rental of a unit in such residential real proparty, has, or will have; received all applicable'hotices ahd rights now or hereafter required by this chapter or Chapter 3 (commencing with Section 66451): In addition, a finding shall be made that each tenant has received 10 days'. writteh notificatioh that an application for a public report will be, or has been, submitted to the Department of Real Estate, and that such report will ba available on request. The written notices to tenants required 6y this subdivision shall be deemed satisfied if such notices comply with the legal. requirements for service by mail (b) Each of the tenants of the proposed condominium project.:. has been, or will be, given written notification within 10 days of approval of a final map for the proposed conversion: (c) Each of the tenants of the proposed condominium project... has been, or will be, given 180 days' written notice of intention to convert prior fo termination of tenancy due to the conversion or proposed conversion. The provisions of this. subdivisioh shall not alter or abridgeYhe rights br obligations of the parties ih performance of theircovenants, including,. but not limited to, the provision of services, payment of rent or the obligations. imposed by Sections 1941, 1941.1, and 1941.2 of the Civil Code. Page 4 Staff Report to the Planning Commission April 3, 2006 Item No. 3 (d) Each of the tenants of the proposed condominium project..: has been, or will be; given notice of ah'exclusive right to contract for the purchase of his or her respective uni€upon the same terms and conditions that such unit will be'nitially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of 'the Business and Professions Code, unless the tenant gives prior written notice of his or her intention not to exercise the right. (e) This section shall hot diminish, limit or expand, other than as provided herein, the authodty of any city, county, or city and county to approve or disapprove condominium 'projects.' The applicant has indicated thatwritten notification of intention to convert the apartments to condominiums has been provided at least BO days prior to the filing of a tentative map (Tenants notified on April 28, 2005; application flied on January 19, 2006):: Additionally the 'applicant has submitted copiescf prospective tenanfnotifications as required in subsection (a) indicated above. Thus far, the applicant has demonstrated compliance with applicable 'Government Code sections pertaining to condominium conversions. The additional requirements set fortn'above for tenant notification prior to filing`bf a public report with the Department of Real Estate, and'noticing requirements for the final map and terminat(on of tenancy, as well as the exclusive right of the tenants to contract for the purchase of his or her respective unit would be included as conditions of approval on the tentative map: (15) In the project summary, the applicant has indicated that all the common areas (interior courtyardsparking areas, poofand picnic areas, children's playground and basketball 'court areas and common walkways wouldbe maintained by the Homeowners Association (HOA). The responsibility for on-site management would be transferred to a professional '"condominium association management company to'work with the HOA for maintenance 'and dailyupkeep of the property. Additionally the applicant indicates that for any tenants who do not exercise their right tb purchase their unit; they will be given one month's rent, or $1,200, and reimbursement for relocation expenses, not to exceed $500: ENVIRONMENTAL IMPACT ANALYSIS: (16) Staff has reviewed the proposal`and the Initial Study (a copy of which is'available for review. in the Planning Department) and finds no significant environmental impact and, therefore, recommends that a Negative Declaration tie approved upon a finding by the Planning Commission that the Negative Decla~atidn reflects the independent judgmentbf the lead agency; and that it has considered the proposed Negative Declaration together with any comments teceived' during the public review process and further finding on the basis of the Initial Study and anycomments received that there is no substantial evidence that the project will have a significanteffect on the environment. EVALUATION: (17) 'The conversion of existing multiple-familystructures to condominiums of other common interest development is permitted in the RM-4 Zone subject to the approval of a conditional .'use permit: A tentative tract map is required for the subdivision of airspace for condominium purposes. ` Page 5 Staff Report to the Planning Commission April 3, 2006 Item No. 3 _ (19) Goal 4.1 of the Community Design Element of the General Plan reads as follows: "Multiple-family housing is attractively designed and scaled to complement the neighborhood and provides visual interest through varied architectural detailing. ° Several policies are indicated in order to irnplemenf this goal In summary, the design policies ihclude the following: ,. e Reduce the visual (mpact of large-scale, multiple-family. buildingsby requiring articulated entry features, such as attractive porches, and detailed fagade treatments, which create visual interest and give each unit mote personalized design: ® Discourage visually monotonous, :multiple-family residences by incorporating different. architectural styles, a variety of roof-lines, wall articulatioh; balconies, window treatments, and varied colors and building matetials on alf elevations. o Require appropriate setbacks and height,lirnits to provide privacy where multiple- familyhousing is developed adjacent to single family housing. o Reduce the visual impact of parking areas by utilizing interior courtyard garages, parking stnrctures, subterranean lots, ottnck-under, alley-loaded designs: o Require minimum of size criteria in the Zoning Code to encourage professional, responsible, on-site property management. Page 6 Staff Report to the Planning Commission. April 3, 2006 Item No. 3 o Provide usable common open space amenities. Common open space should be centrally located and contain amenities such as seating, shade and play equipment. Private open space may include courtyards; balconies, patios, terraces and enclosed playereas. o Provide convenient pedestrian access from multiple-family development to nearby commercial centers, schools, and transit stops: Where possible, underground or screen utilities and utility equipment or locate and size them to be as inconspicuous as possible: (20) Several of the design features indicated in the Design Element have been incorporated into the proposed condominium conversion of the existing apartment complex: Examples include providing detailed facade treatments (shutters and surrounds on the windows and doors), and varied colors on the building wall planes to enhance articulation. The common open space'amenities willbe enhanced with permanent seating and sfiade structures and addttionaf landsoaping o make the pool and associated picnic area more inviting. Existing utility equipment (gas meters and backflow device) would be painted' and screened with landscaping where possible. Additionally, all landscaped planter areas would be enhanced with the use of stacked stone, and alfsurface concrete a~easwould be enhanced with decorative concrete treatment. (21) Staff has included standard conditions of approval relating to landscape installation and r maintenance: Detailed. final elevationand landscape plans are required fbrfinal review and r approval'by staff prior to issuance of building permltsassociated with the various upgrades proposed. Staff believes the proposed project is compatible with existing and surrounding land uses {which are also multiple-family residences) and that modifications/upgrades 'proposed to the buildings on site would enhance visual impact of the property and livability `' for residents within and around the project, and result in a project that is'compatible and cohsistent with surrounding land uses and consistent with other recently approved: condominium subdivisions. (22) Although the project is not a housing opportunity site, the proposed project would provide for ownership housing and contribute to the City's Housing Element goals by improving existing housing and adding to the variety of housing opportunities already found within the City. The Generei Pian designates this property for Medium Density Residential lahd uses and implemehtatibn of this project would be consistent with that designation. (23) Staff received one letter in support of the project from a representative of a homeowner's association from a'condominium complex immediately west of the site: Although the letter expressed support, the representative's letter also expressed conoemspertaining to the exterior appearance of the complex, long-term maintenahce issues}noise, and available on-site parking,. Based on these concerns, staff included a condition of approval requiring the following issues to be addressed within the CCBRs. Thafasslgned parking be maintained for vehicle parking in compliance with code. ® That guest spaces will only be used as such and will be clearly designated at all times. o That balcony/ patio areas will not be used for storage. o Overall general maintenance of the property:: Page T .Staff Report to the Planning Commission. April 3, 2006 Item No. 3 FINDINGS: (24) Before the Planning Commission grants any conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist; (a) That the proposed use is properly one for which a conditional use permit is .authorized by the Zoning Code, or is an unlisted use as defihed in Subsection .030 (Unlisted Uses Permitted) of Section 18.66.040 (Approved Authority); (b) .That the proposed use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located; (c) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety; (d) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to'carry the traffic in the area; and (e) 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 Citybf Anaheim. (25) Before the Planning Commission approves a conditional use permit to convert existing multiple-family dwellings to a condom(nium or other common .interest development, it shall make the following findings: (a) That the project complie5with the General Plan, including the Land Use Element; (b) That the existing structures and other improvements conform to the site developmentstandards for the underlying'zone orany applicable. specific plan. (c) That the existing structures and other improvements are in compliance with the Uniform Building Code'and other applicable codes as adopted by the City of Anaheim; (d) That the vehicular and pedestrian access are adequate; (e) That the size and shape of the site proposed for the use are adequate to allow full development of the proposal in a manner not detrimental to the particular area; (f) That the traffic generated by the proposed use will not impose an undue burden.. upon the streets and highways designed and improved to carry the traffic in the area; and (g) .That granting theoohditional use permit under the conditions imposed, ifany, will not be detrimental to thepeace, health, safety and general welfare of the citizens of the City of Anaheim. {26) "The State Subdivision Map Act (Government Code, Section 66473.5) makes if mandatory to include in all motions approving, or recommending approval of a tract map., a specific finding that the proposed Subdivision together with its design and improvement is consistent with the City's General Plan.- Page t3 Staff Report to the Planning Commission April 3, 2006 Item No. 3 Further, the law requires that the Commission make any of the following findings when denying or recommending denial of a tract map: 1. That the proposed map is not consistent with applicable General and Specific Plans. 2. That the design or improvement of the proposed subdivision is hot consistent with applicable General and Specific Plans, 3. That the site is not physically suitable for the type of development. 4. That the site is not physically suitable for the proposed density of development. 5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. That the design of the subdivision or the type of improvements is likely to cause serious public health problems: 7. That the design of the subdivision or the type of improvements will conFlict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision." RECOMMENDATION: (27) Staff recommends that, unless additional or contrary information is received during the meeting., ahd based upon the evidence submitted to the Planning Commission, including the evidence presented in this staff report; andbral and written evidence presented at the public heaping, the Planning Commission take the following actions: (a) By motion, aoorove a Negative Declaration for the project. (b) By resolution, aoorove Conditional Use Permit No. 2006-05066 to convert a 54-unit apartmenfcomplex into a 54-unit residential condominium complex by adopting the attached resolution including the fihdings and conditions contained therein. (c) By motion, approve Tentative Tract Map No: 17016 to establish a 1-lot., 54 unit attached residentiatcondominium subdivision based upon the attached conditions of approval and the findings that the design and improvement of the subdivision is consistent with the General Plan, and the site is physicallysuitable for the type and density of the proposed development. Page 9 [® F~ RESOLUTION NO. PC2006--"° A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05066 BE GRANTED {729 SOUTH KNOTT AVENUE) WHEREAS, the Anaheim Planning Commission did Yeceive 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 THE FOLLOWING DESCRIBED PROPERTY LYING EAST OF THE PROLONGATION OF THE WESTERLY LINE OF LOT 13 OF TRACT NO. 743, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 22 PAGE 10 OF MISCELLANEOUS MAPS RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: THAT PORTION OF THE EAST ONE-HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, IN TOWNSHIP 4 SOUTH, RANGE 11, WEST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHERLY LINE OF TRACT NO. 743, AS SHOWN A MAP THEREOF, RECORDED IN BOOK 22 PAGE 10, MISCELLANEOUS MAPS, RECORDS OF SAID. ORANGE COUNTY, DISTANT SOUTH 89° 39' WEST 314 FEET FROM THE EAST LINE OF SAID SECTION 15; RUNNING THENCE NORTH, PARALLEL WITH THE EAST LINE OF SAID SECTION 15, 155 FEET; THENCE SOUTHWESTERLY TO A POINT IN THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 15, DISTANT THEREON 35 FEET NORTH OF THE NORTH LINE OF LOT 15 OF SAID TRACT NO. 743; THENCE SOUTH ALONG SAID WEST LINE, 35 FEET TO THE NORTH LINE OF SAID LOT 15; THENCE NORTH 89° 39' EAST ALONG THE NORTH LINE OF SAID TRACT NO: 743,350.61 FEET TO THE POINT OF BEGINNING. PARCEL 2`. THAT PORTION OF THE EAST ONE-HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION FIFTEEN IN TOWNSHIP FOUR SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF ORANGE COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY EXTENSION OF THE NORTHERLY LINE OF LOT 1 OF TRACT NO. 743, AS PER MAP THEREOF RECORDED IN BOOK 22, PAGE 10 MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, WITH THE EAST LINE OF SAID SECTION 15; RUNNING THENCE SOUTH 89° 39' WEST ALONG SAID EASTERLY EXTENSION AND ALONG THE NORTHERLY LINE OF SAID TRACT 743, 314 FEET; THENCE NORTH PARALLEL WITH THE EXCEPT LINE OF SAID SECTION 15, 130 FEET; THENCE NORTH 89° 39' EAST PARALLEL WITH THE NORTHERLY LINE OF SAID TRACT NO. 743; 314 ' FEET TO THE EAST LINE OF SAID SECTION 15; THENCE SOUTH ALONG SAID EAST LINE, 130 FEET TO THE POINT OF BEGINNING. PARCEL 3: LOT 12 OF TRACT NO. 743, COUNTY OF ORNAGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 22 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY: EXCEPT THE SOUTH 299 FEET THEREOF: PARCEL 4: THAT PORTION OF LOT 13 OF TRACT NO: 743, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 22 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS DESCRIBED AS FOLLOWS: Cr\PC2006-0 -1- PC2006- BEGINNNG AT THE NORTHWEST CORNER OF SAID LOT 13 RUNNING THENCE EAST 118.65 FEET TO THE NORTHEAST CORNER OF SAID LOT; THENCE SOUTH ALONG THE EXCEPT LINE OF SAID LOT 96 FEET; THENCE WEST PARALLEL TO THE NORTH LINE OF _, SAID LOT 118.65 FEET TO THE WEST LINE OF SAID LOT; THENCE NORTH ALONG SAID WEST LINE 96 FEET TO THE POINT OF BEGINNING. EXCEPTING FROM SAID PARCELS 1-4 THAT PORTION CONVEYED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT, BY DEED RECORDED JUNE 30, 1959 IN BOOK 4780 PAGE 62 OFFICIAL RECORDS. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 3, 2006, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued from the March 20, 2006, Planning Commission meeting; and WHEREAS, said Commission., after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed conversion of existing multiple-family structures to a condominium or other common interest development is permitted in the RM-4 Zone subject to the approval of a conditional use permit under authority of Code Sections 18.06.030.090 and 18.38.100.020. 2. That the proposed use will not adversely affect the adjoining land uses or the growth and development of the area as the apartment complex has been in operation for sixteen years, and no expansion or increase of units is proposed. The proposed conversion is compatible with existing and surrounding multiple-family residential developments. The proposed conversion would be compatible with existing and surrounding land uses (which are also multiple-family residences) and that modifications and upgrades proposed to the buildings on-site would enhance the visual impact of the property on surrounding properties and livability for residents within the project, and result in a project that is compatible and consistent with surrounding land uses and other recently approved condominium subdivisions. 3. That the proposed conversioh would not create any new units or additional square footage and therefore would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed because the size and shape of the site for the project has been adequate for the full development of the existing use in a manner nbfdetrimentai to the particular area 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 ih the area because the project is already existing with 54 dwelling units (as previously approved) and would be implementing the Medium Density Residential land use designation of the Gene~ai Plan: No increase in the number of units is proposed. 5. That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. 6: That "` indicated their presence at said public hearing in opposition; and that no correspondence was received In opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to convert a 54-unit apartment complex Into a 54-unit residential condominium complex and establish a 1-lot, 54-unit airspace attached residential condominium subdivision; and does hereby approve the Negative Declaration upoh finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence.that the project will have a significant effect on the environment. -2- PC2006- 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 final landscape, fencing plans and hardscape plans shall be submitted to the .Planning Services Division for review and approval. The landscape plan shall incorporate layered landscaping within the front setback and clinging vines, shrubs and groundcover adjacent to all block walls visible from the public right of way. Plans shall reflect the following:.. Common open space amenities enhanced with permanent seating and shade equipment and additional landscaping to make the pool area and associated picnic area more inviting. m Existing utility equipment (gas meters and backflow device) shall be painted and screened with landscaping where possible. o All landscaped planters shall be enhanced with the use of stacked stone and all surface concrete areas would be enhanced with a decorative concrete treatment. Any decision made by the Planning Services Division regarding said plan may be appealed to the Planning Commission as a "Reports and Recommendation" item. 2. That all air-conditioning facilities and other ground-mounted equipment shall be properly shielded from view and the sound buffered from adjacent residential properties. Said information shall be specifically shown on the plans submitted for building permits:. 3. That ail plumbing or other similar pipes and fixtures located on the exterior of the building shalt tie fully screened by architectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits. 4: That the property shall be permanently maintained ih a^ orderly fashion by providing tegular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 5. That this Conditional Use Permit is granted subject to the approval and recordation of Tentative Tract Map No. 17016, now pending. 6. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead: 7. That any required relocation of City electrical facilities shall be at the developer's expense. That landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be shown on plans submitted for building permits. 8. That five (5) additional guest spaces shall be designated within the parking area for a minimum of fourteen (14) spaces as required by Code. A call box shall be installed to facilitate access to this area by guests. Said information shallbe specifically shown on plans submitted for. building permits. 9. That a written Solid Waste Management Pian shall be submitted to the Public Works Department, Streets and Sanitation Division. Said program shall include information on the following: a detailed., scaled site plan showing the storage and collection areas and the location of any trash enclosure with enclosure details drawings, and truck access. 10. That a minimum of two additional collection areas for on-site refuse shall be installed within the existing subsurface parking area. Each area shall contain a minimum of one storage bin. On-site maintenance shall be responsible for transporting refuse to the primary enclosure at the front of the site. Said information shall be specifically shown on plans submitted for building permits. _3_ PC2006- 11. That the existing trash enclosure shall be refurbished and gates installed per City Standards. Said information shall be specifically shown on plans submitted for building permits. 12. That anynew backflow equipment shall be located above ground dutsidebf the street setback area in a manner fully screened from all public streets: Any backFlow assembliescurrently installed in a vault shall be brought up to current standards. Existing large water system equipment shall be fully screened from all public streets and alleys. Said information shall be showh on plans and approved by Water Engineering and Cross Connection Control Inspector before submittal for building'permits. 13. That if this site does not already have a separate irrigation meter, a separate irrigation meter shall be installed and shall comply with City Ordinance No. 5349 and Chapter 10.19 of the Anaheim Municipal Code. Said information shall be shown on plans submitted for building permits. 14. 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 tp abandon any water service or fire line. 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 through 5, as conditioned herein. 16. That final detailed elevation plans and colors and. materials shall be submitted to the Planning Services Division for review and approval. Plans shall reflect detailed fagade treatments (shutters and surrounds on the windows and doors), and varied colors on the building wall planes to enhance articulation of the building. Any decision by staff regarding said plans may be appealed to the Planning Commission as a "Reports and Recommendations" item.. 17. That the developer shall submit a landscaping and irrigation plan to the Public Works Department, Development Services Division to improve Magnolia Avenue prior to issuance of a building permit. The parkway irrigation shall be connected to the on-site irrigation system and maintained by the property owner. ARight-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 final building and zoning inspections. 18. That the Home Owners Association (HOA) shall have the responsibility to maintain the building exteriors and use of the property for residential development. All common facilities such as recreational areas, parking areas., community buildings and landscaping, as well as the general appearance of the premises and buildings, shall be adequately and professionally maintained. 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, 7, 8, 9, 10, 11, 12, 13, 16 and 17, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Chapter 18.60 of the Anaheim Municipal Code.. 20. That prior to final building and zoninginspections, Condition. Nos. 15 and 17, 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- PC2006- 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 15 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 April 3, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morcis, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adppted at a meeting of the Anaheim Planning Commission held on April 3, 2006, by the following vote of the members thereof: AYES: GOMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2006. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION _5_ Pczoos- City of Anaheim P~ANNfNG ~E~A~'~'IiREI®i~ April 3, 2006 Brian Dror 5967 West 3rd Street, Suite 102 Los Angeles, CA 90036 Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of April 3, 2006. 3a. CEQA NEGATIVE DECLARATION 3b. CONDITIONAL USE PERMIT NO. 2006-05066 3c. TENTATIVE TRACT MAP NO. 17016 Owner: Brian Dror, 5967 West 3`d Street, Suite 102, Los Angeles, CA 90036 www.anaheim.net Agent: Rey Berona, Condo Conversions.com, 7439 La Palma Avenue, Unit 309, Buena Park, CA 90620 Location: 729 South Knott Avenue: Property is approximately 1.47 acres, having a frontage of 150 on the west side of Knott Avenue and is located 193 feet north of the centerline of Rome Avenue. Conditional Use Permit No. 2006-05066 -Request to convert a 54-unit apartment complex into a 54-unit residential condominium complex. Tentative Tract Map No. 17016 - To establish a 1-lot, 54-unit airspace attached residential condominium subdivision. ACTION: Commissioner XXX offered a motion, seconded by Commissioner mCXand MOTION CARRIED, that the Anaheim Planning Commission has reviewed the proposal to establish a 1-lot, 54-unit airspace attached residential condominium subdivision and does hereby approve the Negative Declara0on upon a 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 comments received that there is no substantial evidence that the project will have a significant effect on the environment. Commissioner X)OCoffered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission does hereby determine that the proposed tentative map, including its design and Improvements, is consistent with the Anaheim General Plan., and does therefore approve Tentative Tract Map No. 17016, to establish a 1-lot, 54-unit airspace attached residential condominium subdivision subject to the following conditions: 200 South Anaheim Boulevard P.0. Box 3222 Anaheim, California 92803 TEL (714) 765-5739 1. That the final map shall be submitted to and approved by the City bf 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. The vehicular access rights to Knott Avenue, except at the driveway opening; shall be released and relinquished to the City of Anaheim. 3. That prior to final map approval, 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 approved Water Quality Management Plan, and a maintenance exhibit. The covenant shall be recorded concurrently with the final map. 4. That approval of this parcel map is granted subject to the approval of Conditional Use Permit No. 2006-05066, now pending. 5. That CC&R's recorded on the property shall include provisions requiring the following: • That assigned parking shall be maintained for vehicle parking in compliance with code. o That guest spaces shall only be used as such and will be clearly designated at all times. • That balconytpatio areas shall not be used for storage. • Overallgeheral maintenance of the properly. 6. That the property owner shall irrevocably offer to dedicate to the City of Anaheim, on the final map, an easement 60.feet in width from the centerline of Knott Avenue far road, public utility and other public purposes: 7. An improvement certificate shall be placed on the final map to construct street improvements along Knott Avenue to the width required by the Planned Roadway Network Plan and Public Works Standard Detail 160-A prior to final butlding and zoning inspections for future building or grading site development plans. 8. That prior to final tract map approval, the subdivider shall submit evidence tc the Public Works Department, Subdivisioh Section that all requirements of Section 66427.1 of the Subdivision Map Act, pertaining to condominium conversions, have been met, including the following: • That each of the tenants of the proposed condominium project will receive 10 days' written notification that an application for a public report will be submitted to the Department of Real Estata, and that such report will be available on request. The written notices to tenants required shall be deemed satisfied if such notices comply with the legal requirements for service by mail. • That each of the tenants of the proposed condominium project will be given written notification within 10 days of approval of a final map for the proposed conversion. • That each of the tenants of the proposed condominium project will be given 180 days' written notice of intention to convert prior to termination of tenancy due to this conversion. The provisions of this subdivision shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to, the provision of services, payment of rent or the obligations imposed by Sections 1941, 1941.1., and 1941.2 of the Civil Code. That each of the tenants of the proposed condominium project will be given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable tp the tenant. The right shall run for a period of not less than g0 days from the date of Issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his or her intention not to exercise the right. 9. That prior to final map approval, Condition Nos. 1, 2, 3, 4, 5, 6, 7 and 6, above- mentioned, shall be complied with. 10. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. Sincerely, Eleanor Moms, Senior Secretary Anaheim Planning Commission Cr em.doc Attachment - Item No. 3 ~~ct~on I, - ~®~ ec~ u ~~ry Spring Lake Condominium Conversion 729 Knott Ave, Anaheim, CA 92804 SPRING LAKE CONDOMINIUMS 1 PROJECT ADDRESS: 729 South Knott Ave, Anaheim, Ca 9204 To convert an existing 54unit apartment complex to an attached airspace residential condominium complex. Site Information Project address: 729 South Knott Avenue Project name: SPRING LAKE CONDOMINRJMS Current zone: RM~4 QS#: 2 General Plan Designation: Medium Density Residential Current use: Developed with Apartments No. of parcels: I Code Enforcement Notice of Violation? No Redevelopment azea: NA Previous zoning actions: (a) Variance No. 3555 to construct a 54unit apartment complex (withwaiver of maximum structural height within 150 feet of a single family residential zone one story permitted, two stories proposed within 11 feet of a single family residential zone) was approved by the Planning Commission on Apri128, 1986. Rnrrmmdino i.nnd Tires Direction:- Land Use Zo¢ing Genera! Plan DesgnaHon North.. Flood Channel NA NA East, Condominiums RIvf-2 Low-Medium Density Residential South Apartments/Single Family T/RM-4 Medium Density Residential Wes[ SFR RS-2 Low Density Residential SPRING LAKE CONDOMINIUMS I. PR®.TECT S ' ~' A. PROPERTY DESCItIPTYOPI The 54 unit proposed project is located along Knott Avenue and consists of five (5) buildings over a partial subterranean parking gazage with 133 parking spaces. The buildings aze in fair overall condition. (See property condition report) The unit mix includes (2) two 2-Bedroom/1-Bath (850 sq ft), (44) forty-four 2- Bedroom/2-Bath (900 sq ft) and (8) eight 3-Bedroom/2-Bath (1100 sq ft). Landscaping consists of ground cover, low growing shrubs and palm trees. :Site amenitees (see landscaping & amenities plan) include: a, four laundry rooms b. Pool & spa azea with adjacent rest room -one in-ground swimming pool, one in-bound spa c. Kid's playground azea d. Picnic azea and 2 bazbeques e. Basketball court B. PROPOSED PROJECT IMPROVEMENTS A Project Pre-file has been submitted to the city of Anaheim. The Planning Staff has responded with a list of proposed items that they would like to see implemented with this project. The applicant will diligently work with the city planners to comply with the proposed changes. (see applicant responses to staff comments.) The applicant has retained Greg Lavasse, a Professional Registered Engineer of Land America, to conduct an on site survey and property condition of the project. The purpose of the this report is to identify the physical condition of the property and to identify immediate maintenance issues and also to provide a 12 year replacement reserve schedule. (see property condition report) The applicant will address all identified maintenance issues: C. NEIGHBORHOOD IMPACT The proposed condo conversion project will benefit the surrounding areas by providing needed home ownership in the affordable range and will not negatively impact the rental market. Surveys show that 85% of condominium conversion buyers aze first time home buyers. This project will provide home ownership to 54 families. The applicant will assist any and all of the existing tenants that expresses an interest in purchasing their units. , According to the latest census (2000) figures, Anaheim and Stanton has about 110,730 housing units with an ownership rate of about 49% .Using theses figures for the cities of Anaheim and Stanton, there is 56,472 rental units. The proposed conversion will displace 54 units or less than 1/10`s of 1% of the rental stock in these two cities. This percentage does not take into account the rental stock of the.. adjacent cities of Cypress and Buena Pazk. SPRING LAKE CONDOMINIUMS 3 D. APPI:ICANT RESP®NSE TO STAl+I' C®MMENTS. ® Note: Staff comments are ui Italics, Applicant comments in Bold STAFF CD~NTS: 1: A conditional use permit and tentative tract map would need to be processed for the requested condominium conversion, *The Applicant will file the necessaayapplications. 2. The Planning Commission has expressed interest in amenities provided for multifamily development. A detailed description of on-site amenities should be included. An enlarged landscape plan of the pool/recreation area should also be provided. In addition to concerns pertaining to amenities, the Planning Commission has also expressed greater interest in the level of detail of building elevations and architectural quality of residential projects. *The Applicant will work with the city to comply with this request. Please see Proposed Desigu Motif. 3. The elevation plans should have more articulation. This can be achieved by using color, arrangement offagade elements, a change in material or other architectural devices. By varying the texture, the addition of colors, provides a contrast to the building. 7n addition, adding elements such as decorative stone and file gives the building a more aesthetically pleasing appearance. *The Applicant will work with the city to comply with this request. Please see Proposed Design Motif. 4. Please provide atree/plant legend indicating the botanical name, common name and size ofplants, including the graphic reference or symbol used to identify the plant material on the landscape drawing. Please identify the size and separation ofplantings at time of installation (i.e., 5-gallon at 3 feet on-center): This information should be included for all existing and proposed landscaped areas. *The Applicant will work with the city to comply with this request. Please see Proposed Design Motif. S. California Government Code Section 66427.1 contains specific requirements for approval of a final map for a subdivision created from the conversion of residential real property into a condominium project. In addition to the findings required, you will be required to provide written notification to your tenants that an application for a public report will be, or has been, submitted to the SPRING LAKE CONDOMINIUMS 4 Department of Real Estate, and that such report will be available on request. I have attached relevant sections of the California Government Codes, please ensure your submittal complies with these sections as well as arzy other requirements as necessary by the California Department of Real Estate. For information regarding the filing of a public report, visit ' kitty://www.dre.ca.gov/pdf dots/sprae.pdf. Upon formal submittal, you must demonstrate that you have complied with the Department of Real Estate guidelines and requirementsand relevant Government Code Sections pertaining to the conversion of residential property into a condominium project... *The Applicant well work with the city to comply with: this request. With this application are proof of notices khat were sent by Certified Nfail, Return Receipt requested, copies of the notices that were sent to each tenant, a copy of the New Tenant Notice prior to and during the application period. The applicant will comply with the noticing requirements of the Subdivision 1~3ap Act of California, Section 66452.9 6. Please submit a detailed relocation plan for the current tenants and explain how this plan complies with the Department ofReal Estate requirements: *The Applicant will work with the city to comply with this request. Each eligible Tenant who decides not exercise their required 90 IDay Right of First Refusal to purchase their unit will be given one month's rentbr $1200 plus actuaCrelocationcxpenses, not to exceed $500. The monies will be given upon proof vacating their respective tenancy and receipts showing actual moving expenses. 7. Please provide detailed information regarding curz•ent'renfal rates for all unit types, and pricing for units subsequent to conversion to a condominium project. *The Applicant will work with the city to comply with this request. The following are the rental rates for each type of unit. a. 2 Br / 2 Ba........:.$1200 Number of units available: 44 b. 2 Br / 1 Ba..........$1100 Number of units. available: 2 b. 3 Br / 2 Ba....,.....$1450 Number of units available: ~ ' 8. The Police Department does not support/recommend the use of common laundry facilities. Stajjrecommend facilities be installed in each unit (stackable units would work as well). Ifyou are unable to install individual laundry facilities in each unii; staff recommends fhe existing facilities be expanded to provide an adequate number of machines for all fifty four units. Currently the site is served by eight washers and eight dryers, which in insufiicienk SPRING LAKE CONDOMINIUMS 5 *The Applicant will work with the city to comply with this request. Per previous discussions with 1VIr. John Ramirez, Anaheim City Planner, the applicant will double the number of washer/dryer units in the existing common laundry facilities, by adding stackable units. In addition, the applicant will work with the city to install additional security monitoring devices throughout the facility, especially at certain strategic locafions, such as the laundry area, the parking area and as recommended by the city. 9. Please indicate if any on-site management would remain subsequent to conversion and indicate how long you would be involved in the HOA after conversion. *After completion off the conversion and sale of each of the units, the Applicant will turn over the on-site management to a professional condominium management company. At the city's request, the applicant can supply the names of two management companies. 10. Please provide a detailed description of on site amenities that would be provided (clubhouse, pool, etc.). *The Applicant will work with the city to comply with this request. The site amenities include: a. Swimming pool .and spa area with adjacent restroom b. Picnic area & 2 barbeques c. Kid's playground area d. Basketball court 11. Please provide the following information upon submittal: ® Please label and provide dimensions for all setbacks, property lines, and ultimate public right-of-way, and between buildings, on all plan sheets. ® Please provide a recreation area plan, indicating areas included in the per-unit calculation for required open space. *The Applicant will work with the city to comply with this request, as shown on the Tentative Tract 1~Yap drawing. ® Revise exterior elevations to reflect new materials, colors, accents, etc. *The Applicant will work with the city to comply with this request. Please see Proposed Design IVlotif. SPRING LAKE CONDOMINIUMS o EZevation plans should indicate overall height of each bt+ilding. , *The Applicant will work with the city to comply with this request. Please see respective elevation drawings of the buildings. ® The site plan should ident~/outline adjacent uses and buildings to the south .and west of the site. *The Applicant will work with the city to comply with this request. Please see respective drawings and pictures of the complex and .adjacent areas. ® A decorative pavement treatment should be installed at the entrance of the complex within the 20 foot setback area. *The Applicant will work with the city to comply with this request. Please see Proposed Design Motif. ® Revise the parking tabulation. The code requires 2.25 spaces for each 2-bedroom unit and 3 spaces for each 3-bedroom unit, for a total of 128 spaces for the project *The Applicant will work with the city to comply with this request, as shown on the respective drawings.. There are currently 133 parking spaces which exceeds the city requirements. Each unit will be given designated spaces and all the guest parking spaces will be labeled as such. ® Please provide a cross section detail along the south and west property lines to demonstrate the topography and building orientation adjacent to these property lines and uses (to demonstrate,compatibility). *The Applicant will work with the city to comply with this request. Please see Tentafive Tract Map drawing. ® Please provide a narrative parking plan describing how parking areas would be controlled/accessed, how spaces would be assigned, and where guest parking areas would be located. The current tandem configuration is acceptable provided the tandem spaces are assigned to the same unit. *The Applicant will work with the city to comply with this request. Currently, there is subterranean parking with a gated access and additional guest parking at the entrance of the complex. Each parking space, regular and tandem, will be numbered and each unit will assigned a speck numbered space(s). The applicant will work with the city to install a state of the art security access control system. Addifional guest parking is available in the subterranean parking area and will be labeled as such. Guest entry will be controlled by the new security access system. SPRING LAKE CONDOMINIUMS ® Please provide a floor plan for building one, reflecting the interior of the clubhouse area and any proposed mod~cafrons to the leasing off ce area. *The Applicant will work with the city to comply with this request. The existing leasing office area will be converted back to its original use as part of the original 3)iedroom unit. ® Please provide a complete set of landscape plans for the entire site. *The Applicant will work with the city to comply with this request. Please see Proposed Design IVlotif. 12. Please describe the modifcations proposed to distinguish this proposed condominium project from the current apartment complex. The comments expressed in this document ref ect these sentiments. Staff recommends the following modif cations: ® Update the window and doors to all units. French doors for balcony areas should replace aluminum sliding doors. ® Add shutters, trim, cornice treatments around windows and doors ® Install decorative lighting throughout the common areas and porch lighting ® Install upgraded hardware on all the unit entryway doors and common dreg facilities ® Upgrade and install additional landscaping in the courtyard areas (currently there is a lot of concrete/hardscape) ® Supplement/enhance existing landscdping areas ® Paint the existing wrought iron railing and fencing throughout the complex to compliment the building colors ® Replace balcony railing with decorative railing that contains view obscuring material on the lower 30% as required by code *The Applicant will work with the city to comply with the above request. Please sec Proposed Design 1Vlotif. Secondary waste collection location (s) should be installed and a plan should be provided indicating how on-site management would transport the waste to the main collection location at the front of the complex SPRING LAKE CONDOMIIVIUMS i3 *The Applicant will work with the city to comply with this request. Per previous discussions with l~lr. John Ramirez, the applicant will install two (2) additional collection bins at opposite locations in the parking area. During the trash collection days, these bins will be moved to the main trash for collection by an outside contractor paid for by the home ®wner Association. ® Exterior elevations should be upgraded with the use decorative .accent elements and stone or file veneer. *The Applicant will work with the city to comply with this request. Please see Proposed Design Motif. 13. Please resubmit one full set of plans with the above-mentioned modifications far an informal staff review prior to submitting your formal application. See attached code sections for reference. *The Applicant will work with the city to comply with this request. 14. Please note the attached comments from other City Departments.. *The Applicant will work with the city to comply with this request. Please see Proposed Design Motif. Please feel free to call or meet with me prior to submitting your public hearing application. I will be glad to answer any questions you have. Public hearing initial deposits: Variance $]0,000 Tentative Tract Map $570 . TataL• $10,570 *The Applicant will work with the city to comply with this request. With this application is a check for $11,700 as deposit. Item No. 4 ®I I I RS-2 I I ( 7 1 DU EACH CHATEAU AVENUE ~ _ _ RS-2 v~i 1 DU EACH z O U J Q u_ BEACON AVENUE RS- 1 DU EACH CHATEAU PL BEACON AVE o~ J uri v~Q J - ~ ~ J -1 ~ 1 DU EACH I I ~ h C MINERVA AVE RS-2 1 DU EA o~ N ~ J Z 4~~ Q ~ufDi~ LL J ~ J CG Ir VAR 2729 S II~\ A ~~' '~ ~ RC15466-17 ; ] ~ ~~ n ' 3 CUP 2006.05070 ~ CUP 1266 ~` '~ - - ° ~ C-G RCL 53-5426 ~~; -1 VAR 1542 ~~~ r-.; ' ~ LLJ CUP 3093 ~~'~" ; VAR 18655 " a "~+..=~ BALL-EUCLID L~ `-~'"3" W CUP815 CUP 276 ` ~ ~ VAR 3247 .,,. „ SHOPPING CENTER 5 ~.,,~€` v ,y, ~ c z,~ ~,,.,, / f" x ~:" ~"`~ H (n VAR 1971 S VAR 1776 S F, ~n k . „ T '''"~> '` ~ ~• ~ SHOPPING CENTER i, 'a , , ~ z P ~ ~ ~ ~ J F ~ . ,~s v i 4 r' 4 ~:?~.Rt. y~~ ~` - ,,,~ ~ RC164d5-1]~i W GG (~ ~~~s<~ '~ CUP mBOB-04245 ~ "` RCL 53-54-26 CUP 3093 CL 53-54-2 CUP 3093 ~~~ ~ -;~ VAR iBfi55 rtt ~2.s.' c ~~~ ! VAR 5]B VAR 3247 VAR 1721 5 *",x- o-~' ~DRNEdRRU ~ ms REST. VAR 3247 arts s ,_:,- aESr sY~ ,,,;s,~_ , l~`; , ., B ou EACR I RS-2 I 1 DU EAGH JUNG AVENUE ~ RM-0 I RCL 56-57-fi0 ® VAR 11fi2 ~~ I I MULTI-FAMILY DU RM-0 ,® RCL 56-57-60 _~ RCL 55-56-11 M LTI-FAMILY DU -416' BALL ROAD J N Q ~,n,^p U ~ C-G RM-0 °o d w~ C 5'~1 ~" RCL 2003-00094 RCL 61-62-27 C-G CL 646511 / RCL 57-58-23 f u ~ ~ 1 MULTI-FAMILY DU U°NN ~1Z CUP 693 / \ U / \ j~K Q / \ , za RCL 61-62-27 ' p' Conditional Use Permit No. 2006-05070 €"~.~._.;~ Subject Property Date: April 3, 2006 Scale: 1" = 200' Requested By: BALL EUCLID PLAZA, LLC 1717-1723 West Ball Road 10015 Q.S. No. 48 Date of Aerial Photo: July 2005 Conditional Use Permit No. 2006-05070 Requested By: BALL EUCLID PLAZA, LLC Subject Property Date: April 3, 2006 Scale: 1" = 200' Q.S. No. 48 1717-1723 West Ball Road 10015 Staff Report to the Planning Commission. April 3, 2006 Item No. 4 4a. CEQA CATEGORICAL EXEMPTION -CLASS 1 (Motion). 4b. CONDITIONAL USE PERMIT NO. 2006-05070 (Resolution) SITE LOCATION AND DESCRIPTION: (1) This 7.3-acre, rectangularly-shaped property is located at the northwest corner of BaII Road. and Euclid Street with frontages of 416 feet on the north side of Ball Road and 740 feet on the west side of Euclid Street (1717-1723 West Ball Road). REQUEST: (2) The applicant requests approval of a conditional use perrnlEunder authority of Code Section No. 18.08.030.040.0402 to permit the division of a retail unit into three (3) units and establish land use conformity foe an existing commercial retail center BACKGROUND: (3) This property is developed with anon-conforming commercial retail centerand is zoned C-G (General Commercial):-The Anaheim General Plan designates this property for.. Neighborhood Commercial land uses. Surrpunding properties to the north (across Beacon Avenue), south (across Ball Road) and east (across Euclid Street) are also designated for Neighborhood Commercial land uses, and to the west for Medium Density Residential land uses. PREVIOUS ZONING ACTIONS: (4) The following zohing actions pertain to this property:. (a) Conditional Use Permit No. 2000-04245 (to construct adrive-through restaurant with waiver of minimum number of parking spaces and minimum drive-through lane. requirements) was approved by the Planning Commission on September 11, 2000. (b) Conditional Use Permit No: 1266 (to permlYon-sale beer and wine in an existing restaurant) was approved by the Planning Commission on October 4, 1971. (c) Variance No. 1865 (to waive the maximum number of freestanding signs and minimum distance betv/een freestanding signs) was approved by the Planning Commission on March 27,.1967. (d) Variance No. 1542 (to waive the minimum number of parking spaces and required parking area) was approved by the Planning Commission do December 27,1962. (e) Variance No. 576 (to permit a service station) was approved on June 18, 1956.. This service station no lohger exists on the site, and therefore staff recommends that this variance be terminated. PROPOSAL: (5) The applicant requests a conditional use permit to permit the division of one (1) retail tenant space into three (3) units and to establish land use conformity for an existing, non- cohforming commercial retail center. s r-cup2006-05070a kv. d oc Page 1 Staff Report to the. Planning Commission April 3, 2006 Item No. 4 (6) The siteplan (Exhibit No. 1) indicates that the property is currently developed with ~a 7- building, 36-unit commercial retail center. No exterior building modifications are.propbsed with this request: (7) The floor plan (Exhibit No. 2) indicates that an existing 8,400'square foot tenant space would be divided: into three (3), 2,800. square foot tenant spaces. Each unit would be improved with a restroom: Other specific Improvements would be submitted to plan check once individual tenants have been identified. n ®d i ~ 4, Assam ®® i m a ®a ®M~.. _ f l ®N. Y ~ ~ s- • y I ~ R\ ~! y l.! C ®N~M tl '. ®®u ~i 6i ~ ~®at0~ Proposed floor plan (8) 'Access to the site iscurrently obtained via five (6) driveways from Euclid Avenue and two (2) driveways from Ball Road: The site plan indicates a total of 479' parking spaces: Code requires a total of 548 spaces based on the following table: USE TOTAL SQUARE FEET CODE-REQUIRED PARKING RATIO (per 1,000 s.f.) ` PARKING REQUIRED Full Service Restaurant 6,000 8 48 Fast-Food Restaurant. 4,632 16 74.1 Take-Out Restaurant 2,650 5.5 14.6 Retail 70,350 5.5 386.9 Medical 4,000 6 24 TOTAL r 548 `CUP No. 2000-04245 included a waiver of minimum number of parking spaces; permitting the existing deviation. Future businesses occupying the new tenant spaces will be limited to uses that require no more than 5.5 spaces per 1,000 square feet.: Page 2 Staff Report to the Planning Commission April 3, 2006 Item No. 4 EVALUATION: (12) The division of an existing retail unit to create additional units is permitted in the C-G zone subject to approval of a conditional use permit. The existing center was constructed prior to the Code provision requiring a conditional use permiffor a commercial retail center Therefore; the applicant is also requesting to establish land use conformity for tfie retail center. The existing commercial center is an; aging center that is hon-conforming as to land. ', use, bufalso in terms of signage and landscaping, both within the parking lot and street setback. AlthougH staff would encourage landscaping, signage and facade improvements, the requested action on its own would not require the property owner to make these improvements. (13) Staff is supportive of the request to permit the division of one (1) retail tenant space into three (3) units and td establish land use conformity for ari existing, non-conforming commercial retail center because it would be compatible with the underlying zone and would bring the retail center into greater conformity wittYcurrent code land use requirements: In addition, the recommended standard conditions of approval would ensure proper maintenance, landscaping, sanitation and screening of7oof-mounted equipment. FINDINGS: (14) Before the Commission grants any conditional use permit; it must make a finding of fact that the evidence presented shows that all of the following conditions exist: (a) That the use is properly one for which a conditional use :permit is authorized by the Zoning Code; or is an unlistedUSe as defined in Subsection .030 (Unlisted Uses Permitted): of Section 18.66.040 (Approval Authority); (b) That the use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located; (c) That the size and shape of the site for the use is adequate to allow the full development of the proposeduse in a manneFnot detrimental to the particular area br to the health and safety; (dj That the traffic generated by the use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and (e) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. ' RECOMMENDATION: (15) Staff recommends that, unless additional or contrary information is.received during the meeting; and based upon the evidence submitted to the Planning Commission, including the evidence presented in this staff report, and oral and written evidence presented at the public hearing, the Commission take the following actions: (a) By motion, approve a CEQA Categorical Exemption, Class 1 (Existing Facilities). (b) By resolution, approve Conditional Use Permit No: 2006-05070 to permit the divisioh of a retail unit into three (3) units and establish land use conformity for an existing commercial retail center by adopting the attached resolution including the findings and conditions contained herein.. Page 5 [DRAFT] RESOLUTION NO. PC2006--` A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05070 BE GRANTED (1717-1723 WEST BALL ROAD) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permi[ for certain real property situated in the Ciry of Anaheim, County of Orange, State of California, described as: THOSE PORTIONS OF LOTS 236 AND 237, TRACT 2377 OF THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 75, PAGES 29 THROUGH 35 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND ALSO SHOWN AS PARCEL 2, AS SHOWN AND DESCRIBED IN LOT LINE ADJUSTMENT LLA-0000480 RECORDED MARCH 12, 2001 AS INSTRUMENT NO. 20010139330 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, AS MORE PARTICULARLY. DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EASTERLY LINE OF SAID LOT 237 AND A LINE PARALLEL. TO AND DISTANT NORTHERLY 150 FEET FROM THE SOUTHERLY LINE OF SAID LOT 237, ALSO THE NORTHERLY RIGHT OF WAY AS SHOWN ON SAID MAP; THENCE NORTH 00° 04' 40" EAST, ALONG SAID EASTERLY LINE 594.55 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 15 FEET; THENCE NORTHERLY ALONG SAID CURVE. THROUGH A CENTRAL ANGLE OF 90° 29' 22" AN ARC DISTANCE OF 23.69 FEET TO THE NORTHERLY LINE OF SAID LOT 236 ALSO THE SOUTHERLY LINE OF BEACON AVENUE; THENCE ALONG SAID NORTHERLY LINE AND SOUTHERLY RIGHT-OF-WAY SOUTH 89° 35' 18" WEST, 420.43 FEET TO THE NORTHWEST CORNER OF SAID LOT; THENCE SOUTH 00° 02' 15" WEST, ALONG THE WESTERLY LINE OF SAID LOTS 236 AND 237 758.80 FEET TO THE SOUTHWEST CORNER OF SAID LOT 237 ALSO THE NORTHERLY LINE OF BALL ROAD; THENCE NORTH 89° 42 15' EAST ALONG THE SOUTHERLY. LINE OF SAID LOT AND NORTHERLY RIGHT-OF-WAY 285.02 FEET TO A LINE PARALLEL WITH. AND DISTANT WESTERLY 150 FEET FROM THE EAST LINE OF SAID LOT 237; THENCE NORTH 00° 04' 40" EAST ALONG SAID PARALLEL LINE, 150.00 FEET TO SAID FIRST MENTIONED PARALLEL LINE; THENCE NORTH 89° 42' 15" EAST, 150.00 FEET ALONG SAID PARALLEL LINE TO THE POINT OF BEGINNING.. EXCEPTING THEREFROM: THAT PORTION OF PARCEL 2, AS SHOWN AND DESCRIBED IN LOT LINE ADJUSTMENT LLA-0000480 RECORDED MARCH 12, 2001 AS INSTRUMENT NO. 20010139330 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, AS MORE PARTICULARLY. DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID PARCEL 2; THENCE ALONG THE WEST LINE OF SAID PARCEL 2 NORTH 00° 02' 15" EAST 0.02 FEET; THENCE. NORTH 89° 42' 15" EAST 15.74 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 1190.00 FEET; THENCE EASTERLY ALONG SAID CURVE 68.61 FEET THROUGH A CENTRAL ANGLE OF 03° 18' 13"; THENCE NORTH 86° 24' 02" EAST 68.49 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1209.00 FEET; THENCE EASTERLY ALONG SAID CURVE 85.12 FEET THROUGH A CENTRAL ANGLE OF 04° 02' 02"; THENCE SOUTH 89° 33' S6" EAST 47.30 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL 2; THENCE SOUTH 00° 04' 40" EAST 7.26 FEET ALONG THE SAID EASTERLY LINE OF PARCEL 2 TO THE NORTHERLY LINE OF BALL ROAD AS SHOWN ON SAID LOT LINE Cr\PC2006-0 -1- PC2006- ADJUSTMENT, SAID LINE ALSO BEING THE SOUTHERLY LINE OF SAID PARCEL 2; THENCE SOUTH 89° 42' 15" WEST 285.02 FEET ALONG THE SAID SOUTHERLY LINE OF PARCEL 2 TO THE TRUE POINT OF BEGINNING. BY FINAL ORDER OF CONDEMNATION RECORDED DECEMBER 31, 2002 AS INSTRUMENT NO. 2002-1205533 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM: THAT PORTION OF PARCEL 2, AS SHOWN AND DESCRIBED IN LOT LINE ADJUSTMENT LLA-0000480 RECORDED MARCH 12, 2001 AS INSTRUMENT NO. 20010139330 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, AS MORE PARTICULARLY DESCRIBED AS FOLLOWS:. BEGINNING AT THE CENTERLINE INTERSECTION OF EUCLID STREET AND BALL ROAD AS SHOWN ON SAID LOT LINE ADJUSTMENT; THENCE NORTH 00° 04' 40" EAST 199.66 FEET ALONG THE CENTERLINE OF EUCLID STREET; THENCE NORTH 89° 55' 20" WEST 53.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING A POINT ON THE WESTERLY LINE OF EUCLID STREET AS SHOWN ON SAID MAP, SAID WESTERLY LINE OF EUCLID STREET ALSO BEING THE EASTERLY LINE OF PARCEL 2; THENCE SOUTH 89° 42' 15" WEST 9.03 FEET ALONG THE SOUTHERLY LINE OF SAID PARCEL 2; THENCE NORTH 00° 04' 09" EAST 69.81 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS. OF 1209.00 FEET; THENCE NORTHERLY ALONG SAID CURVE 75.50 FEET THROUGH A CENTRAL ANGLE OF 03° 34' 41"; THENCE NORTH 03° 38' S0" EAST 70.51 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 1190:00 FEET; THENCE EASTERLY ALONG SAID CURVE 74.14 FEET THROUGH A CENTRAL ANGLE OF 03° 34' 10" TO A POINT ON THE WESTERLY LINE OF EUCLID STREET; THENCE SOUTH 00° 04' 40" WEST 289.66 FEET TO THE SAID WESTERLY LINE TO THE TRUE POINT OF BEGINNING. BY FINAL ORDER OF CONDEMNATION RECORDED DECEMBER 31, 2002 AS INSTRUMENT N0.2002-1205533 OF OFFICIAL RECORDS. WHEREAS; the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 3, 2006 at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said'Commission; after due inspection, investigatioh 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: L That the proposed use is properly one for which a conditiohal use permit is authorized by Anaheim Municipal Code Section. 2. That the existing and continued use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located. 3: That the size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or the health and safety in that there is no new square footage proposed with this request. -2- PC2006- 4. That the traffic generated by the use wtll not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area since the retail space is existing and the division of the unit by itself does not generate a significant increase in traffic. 5. That the granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safetypf the citizens of the. City of Anaheim. 6. That "" indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Staff has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional envirdnmehtal dodumentatidh. NOW, THEREFORE, 8E 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 all public phones shall be located inside the building. 2. That a minimum of 479 parking spaces shall be maintained on site. Said information shall be specifically shown on plans submitted for building permits. 3. That the number of tenant spaces shall be limited to 36 as indicated bh the site plan exhibit submitted by the applicant 4. That adequate lighting of parkinglots, 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 lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window areas of the adjacent residential properties. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division aPProval. 5. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that it Is removed, damaged, diseased andlor dead. &. That no roof-mounted balloons or other inflatable devices shall be permitted on the property: Z That no outdoor vending machines shall be permitted on the property... 8. That 4-foot high street address numbers shall be displayed on the roof of the building in a color that contrasts with the roof material. The numbers shall not be visible from the streets or adjacent properties: Said informatidhshall be specifically shown on plans submitted for building permits. 9. That there shall'be no outdoor storage permitted on the premises.. 10. That the property owner shall submit a letter tc the Planning Services Division requesting termination of Variance No. 576 (to permit a service station). 11. That any new roof-mounted equipment shall be screened from view ih accordance with the requirements of Anaheim Municipal Cade Section 18.38.170 pertaining to the C-G (General Commercial) Zone. Said information shall be specifically shown on plans submitted for building permits. -3- PC2006- 12, That the property shall be permanently maintained in an orderly fashion by the provision of regular .landscaping maintenance, removal of trash or debris, and :removal of graffiti within twenty four (24)=- - hours from time of occurrence.. 13. That all new backflow equipment shall be located above ground and outside of the street setback area in a manner fully screened from all public streets Any backflow assemblies currently installed in a vault shall be brought up to current standards: Any other large water system equipment'shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans submitted for Water Engineering Division approval. 14. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment's of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department,- 15. Thaf all existing water services and fire lines shall conform to current Water Service Standards Specifications. Any water service and/or fire line thafdoes not meet current standards shall be upgraded for continued use if necessary or abandoned if the existing water service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water setice of fire line. 16. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.). Said information shall be specifically shown on' plans submitted for building permits. 17. That anyYequired relocation of City electrical facilities shall be aEthe developer's expense. 18. That the property owner/developer shall provide the City of Anaheim with a public utilities easement to be determined as electrical design is completed. 19. 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 bivision for review and approval: 20. That trash storage areas shall be provided and maintalned in a location acceptable to the Public Works Department and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways:. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. - 21. That an Emergency Listing Card, Form APD-281 shall be completed and submitted in a completed form to the Anaheim Police Department 22. That all new plumbing or other similar pipes and fixtures located on the exteriorof the building shall be fully screened by architectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits:. 23. That within sixty (60) days from the date of this resolutioh', all window signs bri the property shall not exceed ten percent (10%Jof the window area iri compliance with code. 24. That the subject property shall tie developed substahtially in accordance with the plansand specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department Exhibit Nos. 1 through 2, and as conditioned herein.. 25. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 2, 4, 8,,10,.11, 13, 16, 19, 20 and 22-above mentioned, shall be complied with. Extensions for further time to complete said conditions maybe granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. -4- PC2006- 26. That prior to final building and zoning inspections, Condition Nos. 1, 21 and 24, above mentioned, shall be complied with. 27. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 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 April 3, 2006. 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. CHAfRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on April 3, 2006, 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 2006. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -5- PC2006- Grry}y b~pV ,ypo ry~o \\o ~e~ Y ..... ... .... ... SABC Overlay Zone) o\ ~a~1 ~y CCJGV RCL 57-58-16 0 ~ ~ ~ 6 ~ ~ ~ ~ c 4f \5PeGP~'~~.~'Cry~3~6 CUP 200504981 CUP 3350 ~ CUP 2374 ~O \2 ~L RCL 66-67-14 y RCL 5556-24 s CUP 2004-04848 I INDUSTRIAL i BUILDING z RC E ~ ALRC ' 115 - 1 s RcL °s~7~r 11°eb cuP 2°s BAIQ:0.Y '".u."' SP RCL7 t 6 -0 P 8 ~~r1 ) ~. RCL fi E7 1 I ° SP 92-i DIBT. RCL 66-67-61 (27) CENTER 1 CHILC RCL 64-65112 CUP 755 CUP 574 SP 92-1 CUP 32 RCL 77.78.56 VAR 2074 S RCL 66-67-61 (106) OISN[EYLAND CUP 2330 PARKING VAR 3009 VAR 730 SM. IND. FIRM `. LANDSCAPED SP 92-1 SP 92-1 EASEMENT RCL 68-67-61 (106) RCL 66-67-61 (108) CUP 1609 200 West Alro Way CERRITOS AVE. )02-04610 CUP 3350 100-00023 CUP 2374 CI of Inl to CUP 2326 \ Leda Zane CUP 1649 Y ~UP 1569 3736 F 9^. -Y 9 1 (tOB) ® ~ 0981 t `. ®® L ~< 30 x z ?; ® ~~ STOREt `~ `'~`. - 92 9yF ~®® Feo~®® e ~G ~O 9,p~® 1DO1s Staff Report to the Planning Commission April 3, 2006 Item No. 5 5a. CEQA CATEGORICAL EXEMPTION CLASS 11 (Motion for continuance) ` Sb. VARIANCE N0.2006-04681. SITE LOCATION ANb DESCRIPTION: (1) This irregularly-shaped 1.5-acre properly has a frontage of 100 feet on the south side of Alro ', Way, a maximum depth of 246 feet, and is located 115 feet east of the centerline of ManchesterAVenue (200 WestAlro Way-Bergstroms): REQUEST: (2) Applicant requests waiver of the following to retain one non-conforming business identificaticn pole sign with electronic message board and one non-conforming business identification wall sign:: (a) SECTION NO. 18.114.130.0207.01 Prohibited free-standing sign (Pole sign and readerboard sign prohibited; one pole sign with electronic message board existing) (b) SECTION NO. 18.114.130.0207.01 Maximum letter height 24 inches for registered trademark name permitted; 60-inch existing wall sign proposed) BACKGROUND: (3) This property is zoned SP92-1 (The Disneyland Resort Specific Plan). The property and all surrounding properties are designated for Commercial Recreation land uses by the Anaheim. General Plan. (4) The applicant has submitted the attached letter requesting a continuance to the May 1, 2006, meeting in order for staff to readvertise the waiver relating. to the pole sign.. RECOMMENDATION: (5) That the Commission, by motion,bontinue this item to the May 1, 2006, Planning Commission meeting,. SR-VAR2006-04661contd. Page 1 OJ/24/2008 09:52 FA% Attachment -Item No. 5 C~j 002 ~ e GROUP Public Affairs Land Use Law March 24, 200ti Ms. Della Hemck Associate Planner City of Anaheim 200 Anaheim Boulevazd Anaheim, CA 92805 Ms. Herrick: On behalf of Bergstroms Childress Stores, we respectfully request a continuance of our Apri13'~ planning commission hearing to a a ,May 1". Pursuant to conversations with City Planning Staff, we will need additional time to clarify and resolve code issues pertaining to our request for a use variance for business sigoage in the Disneyland Resort Area Specific Plan District, We appreciate your consideration of this request and thank you for your patience. Sincerer ~~~7~~'`C/UYL~ Stephen R Sheldon Cc: TCazI Bergstrom, President, Bergstroms Childress Stores T BROOKHURST JUNIOR HIGH SCHOOL f RETARDING BA6I C-G J CREEK RCL 96-99-11 RCL 72-73-8 C-G T-VAR 4406 ;L 89-0a11 VAR 4389 :L 9B-99-n VAR 2403 :L B1-B2-13 ADJ 0176 es of I"lenl OFFICE BLDG. RM-3000) :UP 2292 RKING LOT ~ W ~ O o ® ® ® ® ® ~U ~ ~ ~ C-G ~ O RCL 96-99-11 ~ ¢~ RCL 7243-0 ~ O d VAR 2403 ~ ~ I~ ADJ 0060 c ` W 2 PROFESSIONAL ~ .°- ~ W OFFICES = ~~ ~ ~ O ~ ~W O =W ~ ¢w m ~ ~ c-G RCL 90-99-11 W RCL 6364-114 2 (Res of Intent to RM-12001 GG RCL e6-99-11 - RCL 674iBJfi EL RANCHO PLAZA Rri aRA111 .. ,,,.,~ Conditional Use Permit No. 2006-05071 Requested By: GARY HUI-LI DOU 500 North Brookhurst Street VAR 4115 VAR 4013 C-G VAR 389 R~" G.D F• p G. RM-0 RCL B9-90-34 T R M.4 RCL 9B-99-11 FIRE STATION VACANT VAR 4115 ND. 2 CRESCENT AVENUE WEST ANAHEIM COMMERCIALCDI REDEVELOPMENT PROJEC C-G GG RCL 9&98-11 RCL eaBa11 RCL ]243-03 RCL 72-]3-03 CUP 290fi cUP 1594 6.5.8 VAR 3190 F000 MART PC 2004-0003 F- W W C-G RCL 98-99-11 ~ RM-0 RCL 72-73-03 VJ RCL 69-70-0B CUP 2004-04858 } CUP 1225 VAR 2616 CUP 1594 W vAR 2717 s CFFICE BLDG. J TARA HILL Q APARTMENTS ~ 368 DU °m .~ o RCL 62-63-91 W 1932 5 CUP 2480 ~ CUP 396 Q APARTMENTS 4 DU EACH 1932 6 - BROWNWOODAVE 18326 RM-0 RCL 82E3-91 CUP 396 VAR 3439 1832 5 APARTMENTS 4 DU EACH } W J J B ~i -3;:, :; x~~w„ Subject Property Date: April 3, 2006 Scale: 1" = 200' Q.S. No. 39 loon Staff Report to the Planning Commission April 3, 2006 Item No. 6 6a. CEQA NEGATIVE DECLARATION (Motion for continuance) ,.: fib. WAIVER OF CODE REQUIREMENT 6c. CONDITIONAL USE PERMIT NO. 2006-05071 SITE LOCATION AND DESCRIPTION: (1) This rectangularly-shaped 1.22-acre property is located at the northeast corner of Brookhurst Street and Alameda Avenue, having frontages of 180 feet on the east side of Brookhurst Street, 240 feet on the north side of Alameda Avenue, and 180 feet on the westside of Valley Street (500 North Brookhurst Street -Brookhurst Retail Center): REQUEST: (2) The applicant requests approval of a conditional use permit under authority of Code Section No. 18.08.030.040.0402 to construct a commercial retail centerand a fast food restaurant with adrive-through and outdoor seating with waivers of the following:. (a) SECTION NO. 18.44.080.060 Permitted number of tenants on a monument Sion (6 permitted; 8 proposed) (b) SECTION NOS. 18.08.070 AND Minimum number of barking soaces 18.42.040.010: l?7 required; 63 proposed) BACKGROUND: (3) This property is currently developed with a freestanding restaurant (to be demolished) and is zoned C-G (General Commercial). The Anaheim General Plan desighates this property. for Office-Low land uses. Surrounding properties tb the north and west are also designated for Office-Low land uses., to the east and south for Medium Density Residential land uses. (4) The applicant, Robert Lombardi, has submitted the attached letter dated, March 22, 2006, requesting a continuance to the April 17, 2006, Commission meeting in order to complete. revisions to the proposed new commercial retail center. RECOMMENDATION: (5) That the Commission, by motion, continue this item to the April 17, 2006, Planning. Commission meeting. SR-CUP2006-05071(con't-4-3-06)jko Page 1 Page 1 of 1 Attachment -Item No. 6 Jessica Nixon From: Robert Lombardi [rombardi®4gdev.com] Sent: Wednesday, March 22, 2006 10:27 AM To: Jessica Nlxon Subject: Continuance Request Jessica, We would like to request a two week continuance for our project located at 500 N. Brookhurst St. in Anaheim. It is our understanding that the new hearing date will be on April 17~h. Respectfully, Robert Lombardi President 4G Development and Consulting, LLC 858-231-0071 phone 866-311-3658 tax rombardi C~4gdev.com 3/22/2006