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PC 2006/04/17,: ~ abed (90IL L/40) ooP'(90L L 40\sepua6e\~eouap\sooPFH ;au•wiayeue uoiss;wwoo uiuue~ asa~ppe view-a 6uinnopo~ ay; 6wsn uoissiwwo~ 6wuue~d ay; ~o; a6essaw a anew ~(ew no,~ ;uawu~nofpy swa;~ 6ui~eaH al~gnd ~epua~e~;uasuo~ s;uawwo~ ailgnd aouei8all`d 30 a6Pald •• eta o~ 3! ~iwgns pue aouenpe u~ p~eo ~a~ea sea;a~ woo asea~ epua a aye uo wa71 ue u~p~e a~ ~uawa;ens a anew o~ ysiM no !1 saso n ui aa~ p~ooa~ ~o~ 'VII'd 0£~Z 6u~~eaH ailgnd of auanuooab uoissag 6uueaH ol~gnd uoowa~d of ssaaab epua6e g00Z 'L L I!~db' ay} uo swa}! ~o; nnalna~{ veld tieulwlla~d (uo!ssiwwo~ 6uiuueld ~(q pa;sanba~ sy) sanssl pue s~uawdolanap ~31~ snouen uo uolsslwwo~ o; a~epdn ge;g 'W'd 00~ L nna~naa ue~d tieuiwlla~d ~aP~O of Iles zanbselan;ed `aawoa ~(~lued 'za~ad P3 'hle~eyl ydasop'e}}n8 ~Ila}l s~auolssiwwo~ sa~ol~ egloa~ :a~odwal-ad uew~ley~ uew~se3 l1eJ :uew~ley~ elwo;lle~ 'wlayeuy 'p~enalno8 wlayeuy y;noS OOZ IIeH ~(}i~ '~agwey~ ~louno~ 9002 L L 1!-~ b+ ~puo U U I~SI Illl1~~ I Anaheim Planning Commission Agenda - 2:30 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim Planning Commission or public comments on agenda items with the exception of public hearing items. Planning Commission Appointment: :Request For Consideration Of Potential Appointment Of Planning Commission Alternate For The Following: m Utilities Underground Conversion Subcommittee Consent Calendar: The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. Reports and Recommendations 1A.(a) CEQA MITIGATED NEGATIVE DECLARATION (PREVIOUSLY- APPROVED (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 far an attached 265-unit condominium project within the Platinum Triangle. Continued from the March 6, and 20, and Apri13, 2006, Planning Commission meetings. Minutes 1 B. Receiving and approving the Minutes from the Planning Commission Meeting of April 3, 2006. (Motion) Project Planner. (avazquezQa anaheim.net) H:\dots\clerical\agendas\041706).doc (04/17/06) Page 2 Public Hearing Items: 2a. CEQA NEGATIVE DECLARATION 2b. WAIVER OF CODE REQUIREMENT 2c. CONDITIONAL USE PERMIT NO. 2005-05060 2d. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2005.00024 Owner: Pietro T. Trozzi, 9471 Gateshead Drive, Huntington Beach, CA 92646 Agent: Rick Solberg, Solberg & Associates, 201 East Center Street, Anaheim, CA 92805 Location: 3242 West Lincoln Avenue: Property is approximately 1.5 acres, located east and south of the southeast corner of Westchester Drive and Lincoln Avenue, having frontages of 136 feet on the south side of Lincoln Avenue and 187 feet on the east side of Westchester Drive (Maria's Pizzeria and Billiards). Conditional Use Permit No. 2005-05060 -Request to permit a restaurant and billiard facility with the on-premises sale and consumption of beer and wine with waiver of minimum number of required parking spaces. Determination of Public Convenience and Necessity No. 2005-00024 - Request to permit sates of beer and wine for on-premises consumption within a restaurant and billiard facility. Continued from the February 6, and March 20, 2006, Planning Commission meetings. Pmjecr Planner Conditional Use Permit :Resolution No. (kwono2(oZananeim.neU Public Convenience or Necessity Resolution No. 3a. CEQA NEGATIVE DECLARATION Request for 3b. WAIVER OF CODE REQUIREMENT continuance to 3c. CONDITIONAL USE PERMIT NO. 2006-05069 May 1, 2006 Owner: Public Storage Euro Partnership, 701 Western Avenue, Glendale, CA 91201 Agent: Dean Grobbelaar, Pacific Planning Group, INC., 23412 Moulton Parkway, Suite 140, Laguna Hills, CA 92653 Location: 4880 East La Palma Avenue: Property is approximately 3.5 acres, having a frontage of 340 feet on the south side of La Palma Avenue and is located 115 feet west of the centerline of Manassero Street. Request to construct afive-story self storage building with building heights exceeding 60 feet with waivers of (a) maximum floor area ratio and (b) maximum fence height. Continued from the March 20, 2006, Planning Commission meeting. Project Planner: Conditional Use Permit Resolution No. Gnixon~anaheim.ner) H:\docs\clerical\agendas\041706).doc (04/17/06) Page 3 4a. CEQA NEGATIVE DECLARATION 4b. WAIVER OF CODE REQUIREMENT 4c. 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 92198 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 construct 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. Advertised as permit. Continued from the April 3, 2006, Planning Commission meeting. Conditional Use Permit Resolution No. Sa. 5b. Sc. Sd. 5e. Owner: Voit Anaheim Business, 21530 Oxnard Street, # B, Woodland Hills, CA 91367 Anaheim Redevelopment Agency, 201 South Anaheim Boulevard, Suite 1003, Anaheim, CA 92805 Agent: Celena Chen, John Laing Homes., 3121 Michelson Drive, Suite 200, Irvine, CA 92612 Location: 516 East Santa Ana Street: Property is a rectangularly- shaped 12.6 acre parcel located at the southeast comer of Santa Ana Street and Olive Street (Kwikset site). Conditional Use Permit No. 2006-05076 -Request to construct a 135 unit semi-attached affordable single-family residential condominium project with waiver of required improvement of right-of-way. 'Advertised as'Yvith density bonus and incentives". Tentative Tract Map No. 17040 - To establish a 10-lot, 135-unit semi- attached single-family residential subdivision. Planning Commission review and recommendation to the Anaheim Redevelopment Agency of basic architectural plans for a135 unit semi- attached affordable single-family residential condominium project. Conditional Use Permit Resolution No. H:\d ocs\cl erica)\ag a nd a s\041706 ). d oc Project Planner. (jnixonQanaheim.vet) Project Planner. (dseeQanaheim.ne0 (04/17/06) Page 4 REVIEW AND RECOMMENDATION OF CONCEPTUAL (Motion) ARCHITECTURAL PLANS Adjourn To 11Aonday, May 1, 2006 at 1:00 P.M. for Preliminary Plan Review. CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:00 D.m. ADriI 13, 2006 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND p COU/~NgC~IL~DISPLAY nKIOSK SIGNED: ,1L',1 ( l ' /Y / /~CCX.}' If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits and Variances will be final 22 days after Planning Commission action .and any action regarding Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM PLANNING COMMISSION In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (714) 765-5139. Notification no later than 10:00 a.m. on the Friday before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Recorded decision information is available 24 hours a day by calling the Planning Department's Automated Telephone System at 714-765-5139. H:\docs\clerical\agendas1041706).doc (04/17/06) Page 5 SCHEDULE 2006 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\041706):doc (04/17106) Page 6 Item No. 1A I (PTMU ~) TTM 166 6 0-15 RCL 99-00-15 to SE) (Res. of Inl. to SE) 6-1 g RCL 66-67-14 5-4Y RCL 55-56-19 RCL 54-55-42 T-CUP 2004-04939 CUP 200404906 CUP 2862 CUP 1427 DAG 2005-00010 ,) pAG 2004-00002 i-15 STADIUM LOFTS a SE) MIXED USE '-14 RESIDENTIAL :19 CONDOMINIUM :42 7 CUP 3366 VAR 4129 W J ~' m W W J J U E- Q •- (Res. of lnt. 1o SSE) RCL 90-91-17 RCL 66-67-14 60-61-113 RCL 56-57-93 CUP 3957 TOWN PLACE CUP 3406 SUITES CUP 690 VAR 2765 BANK 0.L 0.L (PTMU) RCL 90.91-17 RCL 66-67-14 RCL Sfi-57-93 T-CUP 2000-04260 CUP 4141 CUP 3957 CUP 3406 CUP 690 TPM N0. 97-155 - REST. - O-L (PTMU O-L (PTMU) -- RCL 2004-00 29 RCL 99-00.15 BALLY FITNES~es. of Int. to SE) RCL 90-91-17 RCL66-07-14 •~\` RCL 56-57-93 `\~ CUP 4141 ~~~\ CUP 3957 CUP 340fi PARKING 0.L(P RC~~O; CUP OFFICE 0.L (PTMU) /I~ 0.L (PTMU) REST. //19 FOOD COURT KATEILA AVENUE I (PTMU) RCL 99-00-15 2es. of InL to SE) RCL 66-07-14 RCL 56-57.93 CUP 1652 CUP 447 5 VAR 2616 MOTEL 1 (PTMU) RCL99-00-15 (Res. of inl. t0 SE) RCL 56-57-93 I (PTMU) RCL 99-00-15 (Res. 01 InL a SE) RGL 5557-93 CUP 447 S INO. FIRM ~{ 1os GUP 3936 CUP 1379 VM Y14BUni ° CUP 191 vM tetl REST. 5.5. VAR 341 ' - r~ ~ CUP 222fi Eel 'E~; ? CUP 447 S , CUP 1745 .' ~E r CUP 4475 , '"~ ?:.z 6LtP'i'MU1 MOTEL h gf; y. ;.- E TTM 16975 y y ~ i RGL 99-00.15 r (R E RCL 99 0015 RCL 9687-22 ~"e~l I~ ~ v (Res. 0(InL b SE) ., m Ye 5 7 RCL66-67-14 RCL 56-57-93 a ~ RCL 637.93 ~~y - CUP290&0597 s ~ T CUP 1371 r u t T-CUP 2005-oso0 ~ '°N`~ ! 7 - a I CUP 2005-0d9 : ~' VAR 25fi S •- x~~ 'j'i OuP 1881 RETAIL TILE a '- FsP 2995oo9os ~ ~ I ~_ _~ ? pAG 2005-0009'- '' ' I (PTMU) rf { ~,..~'A~~...- RCL 99-00-15 (Res. al Inl. to SE) V U CUP 2005-04967 CAG 2005-00004 FSP 2005-00004 KAYCO f GPA 200500435 OFFICE I MIS 2005-00113 ZCA 2005-00044 I (PTMU) RCL 99-00-15 (R RCLf59~8t0o-61E) (Res of Inlenl to MH) ANGEL STADIUM OF ANAHEIM PR PTMU RCL 9-00- 5 /~ / \ (Res. of int. to SE) / \ I (PTMU) RCL 99-00-15 RCL 56-57-9 ( ' ~ (Res. of Int. to SE) CUP 2400 nj one c< c-r ne CUP 750 ALL PROPERTIES ARE IN 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 locos ~~ ° ~ «~~ Subject Property Date: April 17, 2006 Scale: 1" = 200' Q.S. No. 118 City of Anaheim Y~~,~IiiliigliiG D~~'A~'~'P/bElii'~' April 17, 2006 Reky Hiramoto, Beazer Homes 1800 E. Imperial Highway, Suite 200 Brea, CA 92821 Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of April 17, 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). www.anaheim.net Request to determine substantial confonmance 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 CUP2006-05074_Excerpt 200 South Anaheim Boulevard P.0. Box 3222 Anaheim, California 92803 TEL (714) 765-5139 C N L cd Q W V O O N rvti a~ W U ~~4 a o a o ~ ~ ,~ a .. u .~ rJ ° v ~ ~ A .ti ~ . ~ 3 ~ •5 ~ ~ u d ~ ~ m ~ .~ u . ~ 3 J ~ k~ b~ vMj u b Q ~ U C o Cq N L o U ' v ~ " ° + p9P ~ u o °~ m `~ p cf .q. ~ U ~ ~ ro v ti ~ ~ ~' N `' o a p ~i ~' v ~~. o E ~.n i. ~ ~~ auv G,bwv ~ ° ~ emu; rn ~ `+ ' '~ ~~ u o ~ ro ~ ° 9 ° ~~ ~ ~ t {~ v pp o a O U p. ~i N ' ' ~ ~ ,uY~ ~ ~ 5 °'b p' ,~ ' 1 , z . ~~ ~~ o w ~ o .~ ~ o'~ ~' °~~ ° w~ a > v H o ~ F F . {y a~ o e e v e to o ~` z 1 ~,"p ~. y y ii ~ .ti N M / } F+~, I uJ ~ ~"1 9 ~ ` 1 ~ V y V~~ti ~ ~ ~i ~ i ~ ~ g {a. G ti~ w VJ W w ~ waw Vj ~ y ~; ~ vi ~ O Sw nJ p~ w N 1 ~u W O ; O O C 0 O A q~ e ~ 6i !ry O CG N M W U ~~ N GC ~ ~ d- N ~ N 0 H ~ ° ' ~-~ ~ , ~t -~ ~xf is z r~ ~ ~ ~ ~ ~ ~ ~ ~ q ~ p ~ z Z ~ ~ C ,~ u: ~ v) ~ ~ ~ ~ ~ wa vi ~ ~ au. 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Attachment - R8R 1-A RESOLUTION NO. 2005 - 148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING..: CONDITIONAL USE PERMIT N0.2005-04975. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit to permit modification of required setback es authorized by Anaheim Municipal Code Section 15.20.090.050. upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 1: PARCELS A AND B, A5 SHOWN ON A MAP FILED IN BOOK 22, PAGE 32 OF PARCEL MAPS, IN THE _ OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL 2: AN EASEMENT 5.34 FEET IN WIDTH FOR INGRESS AND EGRESS OVER THAT PORTION OF LOT 5 OF TRACT N0.71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF MI5CELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE SOUTH LINE OF SAID EASEMENT BEING DESCRIBED:. AS FOLLOWS:: - BEGINNING AT A POIIdT ON THE CENTERLIIVE OF THE 60 FOOT ROAD AS SHOWN ON THE MAP OF TRACT N0.71 (SAID ROAD BEING NOW KNOWN AS STATE COLLEGE. _ BLVD.) SAID POIIVT BEING 250.34 FEET SOUTH, (MEASURED. ALONG SAID CENTERLINE) FROM THE NORTHWEST CORNER OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, THENCE EAST, PA~tAt i.pL_ WITH TI~~ SOUTH. LINE OF SAID LOT 5 250 FEET. ,: EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIAI SAID 60 FOOT ROAD AS SHOWN ON THE MAP OF SAID TRACT NO. 71. PARCEL 3: PARCEL 2, AS SHOWN ON A MAP FILED.IN BOOK 50, PAGE 12 OF PARCEL MAPS, RECORDS OF , ORANGE COUNTY, CALIFORNIA. PARCEL 4: AN EASEMENT FOR INGRESS AND EGRESS OVER THE NORTHERLY 16.66 FEET OF THE SOUTHERLY 258.14 FEET OF THE WESTERLY 220.00 FEET OF THE FOLLOWING DESCRIBED LAND: THOSE PORTIONS OF LOTS 4 AND 5 OF TRACT N0.71, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: SEGIIVNING AT A POINT ON THE CENTERLINE OF THE 60.FOOT ROAD AS SHOWN ON THE MAP OF TRACT NO. 71, (SAID ROAD BEING NOW KNOWN AS STATE COLLEGE BOULEVARD), SAID POIIdT BEING 280.34 FEET SOUTH (MEASURED ALONG SAID CENTERLINE) FRONT THE NORTHWEST CORNER OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN; THENCE EAST, PARALLEL WITH THE SOUTH LINE OF SAID LOT 5, 250 FEET; THENCE NORTH 0 DEGREES 08' 00" WEST 28.34 FEET; THENCE SOUTH 89 DEGREES 59' 16" EAST 54.00 FEET; THENCE NORTH 0 DEGREES 0$' ~" WEST 36.00 FEET; THENCE SOUTH 89 DEGREES 59' 16" EAST 26.00 FEET; THENCE NORTH 0 DEGREES OS' 00" WEST 216.11 FEET TO THE NORTHERLY LIME OF SAID IAT 5, BEING ALSO A POIIdT IN THEW CENTERLIIdE OF THE STREET DESCRIBED IN THE FINAL ORDER OF CONDEMNATION FILED JULY 8, 1960 AND RECORDED IN BOOK 5321, PAGE 397 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE EAST ALONG SAID LAST MENTIONED CENTERLIIdE TO THE EAST LINE OF THE LAND CONVEYED IN DEED TO W. H. JEWETT, RECORDED SEPTEMBER 1, 1960IN-BOOK 5400, PAGE 238 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE SOUTH ALONG SAID EAST LINE TO THE SOUTHEAST CORNER THEREOF; THENCE WEST ALONG THE SOUTH LINE OF SAID JEWETI"S LAND AND THE WESTERLY PROLONGATION, TO THE CENTERLINE OF STATE COLLEGE BOULEVARD; TIiENCE PiORTH' ALONG SAID CENTERLINE TO THE TRUE POIIdT OF BEGIIVNIIVG. EXCEPTING THEREFROM, THAT PORTION INCLUDED' WITHIN SAID 60-F~T ROAD AS SHOWN ON THE MAP OF TRACT N0.71. PARCEL 5: THAT PORTION OF LOT 5 OF TRACT N0.71 ' _2 AS PER MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGIIVNING AT A POINT IN THE CENTER LINE OF PLACENTIA AVENUE, WHICH POIIdT IS 217 FEET SOUTH OF THE NORTHWEST CORNER OF SECTION 25, TOWNSHII' 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN; THENCE SOUTH ALONG THE. CENTER OF SAID PLACENTIA AVENUE, 55 FEET; THENCE EAST, PARALLEL WITH THE SOUTH BOUNDARY LINE OF LAT 5 TRACT N0.71, A DISTANCE OF 154 FEET; THENCE NORTH, PARALLEL WITH SAID CENTERLINE OF PLACENTIA AVENUE, 55 FEET; THENCE WEST, PARALLEL WTI'H THE SOUTH BOUNDARY LINE OF SAID LOT 5, A DISTANCE OF 154 FEET TO THE POINT OF BEGIIdNING. EXCEPTING THEREFROM, THAT PORTION LYING W1THIN PLACENTIA AVEAIUE, SHOWN AS A b0.00-FOOT STREET ON SAID MAP, ADJOINING SAID LOT 5 ON THE WEST. APN: 232-021-07, 232-021-10 and 231-021-11; and WHEREAS, the City Planning Commission did hold a public hearing upon said.... application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as required bylaw and the provisions of Title 1 g of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No.PC2005-53 granting Conditional Use Permit No.2005- 04975;and WHEREAS, thereaRer, within the time prescribed bylaw, an interested party or the City Council, on its own motion, caused the review of said Planning Cotnmisaion action at a drily noticed public hearing; and WHEREAS, at the time and place 5xed for said public hearing, the City Council did duly hold cad conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful conai- deration of the recommendations of the City Planning Commission and all evidence sad reports ofTerai at said hearing, that: 1. That the proposed modification to required setbacks is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sectioa No. _. 15.20.090.050. 2. That the proposed use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because the proposed project is compatible with existing and surrounding land uses and that the minor deviations from the Code would still achieve a project with architecturally enhanced elevations and layered landscaping, and further provide a project that is compatible and consistent with the General Plan Mixed-Use land use designation and The Platinum Triangle Master Land Use Plan (PTMLUP). 3. That the size and shape of the site proposed fofthe use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to health end safety.. + 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area as the proposed project has been analyzed in a Traffic Impact Study dated March, 2005, reviewed end approved by the City Traffic and Transportation Manager and that the required infrastructure improvements along the adjacent streets will be constrocted in connection with the project. 5. That the granting of the conditional use permit under the conditions imposed will not be detrirnental to the health and safety of the citizens of the City of Anaheim. NOW, THEREFORE, BE I'T RESOLVED by the City Council'of the City of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 2005-04975 be, and the same is hereby, granted permitting modification of required setbacks adjacent to State College Boulevard and the proposed private street in accordance with plans herein approved on _ the hereinabove described real property, subject to the following conditions: 1. That this Conditional Use Permit is granted subject to adoption of Development Agreement No. 2005-00005 and Tentative Tract Map No. 1625, now pending. 2. That the legal property owner shall irrevocably offer to dedicateto the City of Anaheim an easement for a domestic above-ground water meter in addition to providing a 5-foot wide clearance around the water meter pad and a 10.foot wide access easement along the water line from the street to the water meter pad for maintenance. 3. That a private water system with separate water .service for fire protection and domestic water shall be provided. Said information shall be shown on plans submitted for building permits.. 4. That all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets and alleys. Aay backflow 4 assemblies currently installed in a vault shall be brought up to current ataaderda. 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 subnritted for approval by the W ater Engineering Division of the Public Utilities Department. 5. That all requests for new water services or fire lines, as well ae say modifications, relocations, or abandonments of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Public Utilities Department. 6. That prior to submitting the water improvement plans, the property owner/developer shall submit a water system master plan, including a hydraulic distribution network analysis, to the Water F.nginecring Division of the Public Utilities Department for review and approval. The master plan shall demonstrate the adequacy of the proposed on-site water system to meet the project's water demands and fire protection requirements. 7. That prior to application for water meters, fire lines or submitting the water improvement plans for approval, the property owner/developer shall submit to the W ater Engineering Division of the Public Utilities Depmiment, an estimate off the maximum fire flow rate and maximum day and peak hour water demaada for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water' demands. Any off-site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. 8. T1uQ individual water service and/or fire line connections shall be required for each parcel and/or residential and commercial unit per Rule 18 of the City of Anaheim's Water Rates, Rules and Regulations. 9. That because this project has a landscaping area exceeding 2,500 squarc feet, a separate irrigation meter shall be installed in compliance with City Ordinance IVo. 5349 and Chapter 10.19 of the Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. 10. That signs shall be posted indicating no on-street parking shall be allowed on the adjacent strceta except where designated rum-out areas are provided for loading and unloading. Such signs shall be shown on plans submitted for the review end approval of the City Traffic and Transportation Manager. 11. That trash storage areas and trash chutes shall be provided and maintained in a location acceptable to the Public Works Department, Streets and .Sanitation Division and in accordance with exhibits approved in conjunction with this Conditional Use Permit, on file with the Planning Department. Said information shall be specifically shown on plans submitted for building permits. 5 12. That the legat property owner shall provide the City of Anaheim with ea _ ,;, __ easement for electrical service lines to be determined as electrical design is completed. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 13. That an on site trash truck rum around area shall be provided per ' Engineering Standard Detail No. 476 and maintained to the satisfaction of the Public Works Department, .Streets and Sanitation Division. Said rum around area shall be specifically shown on plans submitted for building permits.. 14. That the proposed development shall operate in accordance with the written solid waste management plan signed by the project applicant, Integral Per4ters. Modifications to the solid waste management plan shall only occur if mutually agreed upon by both the property owner and the City of Anaheim Director of Public Works. _ 15. That any required relocation of City electrical facilities shall be at the. property owner/developer's expense. Landscapeand/or hardscape screening of all pad-mounted equipment shall be required and shall be shown on plans submitted for building permits. 16. That closed circuit television (CCTV) security cameras shall be installed. to monitor the parking structure and the mailroom on the second level of the parking structure to the satisfaction of the Anaheim Police Department. CCTV cameras shall be strategically located throughout the parking structure, covering all areas, especially all pedestrian and vehicular access points. Said information shall be specifically shown on plans submitted for building permits. 17. That each individual building and unit shall be clearly marked with its appropriate building number and address.. These numbers shall be positioned. so they are easily viewed from vehicular and pedestrian pathways throughout the wmplex. Main building numbers shall be a minimum of 12 inches in height. Main building numbers and address numbers shall be _ illuminated during hours of darkness. Said information shall be specifically shown on plena submitted for building permits.: 1 g. That 4-foot high address numbers shall be displayed flat on the roof in a contrasting color to the roof materiel. The numbers shall not be visible from view of the street or adjacent properties. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 19. That pedestrian and vehicular access control shall be required to prevent unwanted entry. A digital keypad entry system shell be included to facilitate quick response by emergency personnel. The system's entry code shall be provided to the Anaheim Police Department Communications Bureau and the Anaheim Fire Departrnent. Said information shall be specifically shown on plans submitted for building pemmits. 20. That adequate lighting on all levels of the parking structure, including circulation areas, aisles, passageways, rectasses, sad grounds contiguous to buildings shall be 6 provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on-site. Said information shall be specifically shown oa plans submitt~ for building permits. 21. That decorative french doors acceptable to the Planning Services Division shall be provided on all patio (ground-floor) doors. Said information shall be specifically shown on plans submitted for building permits. 22. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded fiom view. Said information shall be specifically shown on the plans submitted for building permits. 23. That all plumbingor other similar pipes and fixtures located on the _ exterior of the building shall be fully screened by architectural devices and/or appropriate building materials. Said informaton shall be specifically shown on the plans submitted for building permits.. 24. That the property shall be permanently maintained in an orderly fashion by providing regular landscape mainteriance, removal of trash or debris, and removal of graffiti within twenty-four (24) hoots from time of oeciurence. 25. 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. 26. That the property owner/developer shall be responsible for compliance with all mitigation measures within the assigned time frames and any direct costs associated with the attached Mitigation Monitoring Program No. 129'as established by the City of Anaheim and _ as rettuired by Section 210g 1.6 of the Public Resources Code to ensureimplemeatation ofthose identified mitigation measures. 27. That. signage for this project shall be limited to that shown on the approved ConditionalUse Permit exhibits submitted by the project applicant, on file in the Planning Department. Any additional signage shall be subject to approval by the Planning Director.. 2S. That gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic on the adjacent public street. hrstallation of any gated shall conform to the Engineering Standard Plan No. 475 and shall be subject to the review and approval of the City Traffic and Transportation Manager prior to the issuance of the first building permit. 29. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 402, 436, 470, 471, 472, 473 and 475 pertaining to parking 7 standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 30. That all driveways to the project site shell be constructed with ten (l0} foot radius curb returns as required by the City Engineer in conformance with Engineering - Standard No. 115. Said information shall be specifically shown on plans submitted for building permits. 31. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 32. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval in conformance with the Engineering Standard No. 115 pertaining to sight distance visibility for signs or wall/fence locations. Said information shall be specifically shown on plans submitted for building pemuts. 33. That assigned parking spaces shall be provided for each residential unit. Said information shall be specifically shown on plans submitted for building permits. 34. That visitor parking spaces shall be posted, "No Overnight Parking, Except by Permission of the Management." Said information. shall be specifically shownon plans submitted for building permits. 35. ThaYall aboveground utility devices shall be locatedon private property and outside any required street setback area. Said information shall be shown on plans submitted for the first building permits. 36. That subject Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by project applicant and which plena are on file with the Planning Depaiiaient marked Exhibit Nos, t through 24, and as conditioned herein. 37. That prior to issuance of the first building permit, oc within a period of one (1) year firm the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 6, 7, 9, 10, 11, 12, 13, 15, 16, 17, 1S, 19, 20, 21, 22, 23, 27, 2t;, 29, 30, 32, 33, 34 and 35, above mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 1>3.03.090 of the Anaheim Municipal Code. 3 g. That prior to final building and zoning inspections, Condition No. 36, above mentioned, shall be complied with. 39. That the applicant shall submit enhanced building/architectural plans for review and approval by the Planning Commission as a "Reports and Recommendations" item prior to City Council action on Development Agreement No.2005-00005, Tentative Tract Map 8 No. 161125 and Conditional Use Permit No.2005-04975. 40. 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 end Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regardiag any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's wmpliance with each and all of the wnditions hereinabove aet forth. Should any such conditions, or aay part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 26th Day of July , 2005, by the following roll call vote: AYES: Mayor Pringle, Council Member Sidhu, Hernandez NOES: Council Members Chavez, Galloway ABSENT: None ABSTAIN: None CITY AHEIM By MAYOR OF OF ANAHEIM ATT~T: ~I'I'Y CLEI C OF CITY OF ANAHEIM 56867.1 Item No. 2 ' RS-A-43,969) T-CUP 2001-04~ T RCL 66-87-35 (Res of lnt fo RM-3000) 1 DU T-CUP RM-2 2001-04370 RCL 79-60-04 CUP 4140 CUP 1691 VAR 3117 ~ GG VAR 3102 o MEDICAL ANAHEIM WES mle TOWNHOME6 IADP PROFESS- 14 DU ZONAL 1 1 1 1 1 Corridors mfO I RM-4 ~ ~ RCL 67-68-55 ~ rb VAR 3800 JJ U~ ~~ RM-0 RCL 7B-79-15 VAR 3051 RCL 59-60-60 VAR 1360 APARTMENTS 194 DU RCL 60.61-20 ------_l VAR 1360 __ __®®® DEL MONT E DR ELEMENTARY SCHOOL T CUP 3440 CUP 2405 SENIOR CITIZEN APARTMENTS 135 DU LINCOLN AVE -®-136' PCNBB-0] CUP 414 VAR 1726 S CUP 404 APARTMENTS _ 19 DU EACH RM-0 RM-0 RCL RCL 72-73- ~~,# -f.. Conditional Use Permit No. 2005-05060 >sa~~~~s Subject Property Determination of Public Convenience or Necessity No. 2005-00024 Date: April 17, 2006 Scale: 1" = 200' .Requested By: PIETRO T. TROZZI Q.S. No. 5 CONDITIONAL USE PERMIT N0.2005-05060 -REQUEST TO PERMIT A RESTAURANT AND BILLIARD FACILITY WITH ON-PREMISES SALE AND CONSUMPTION OF BEER AND WINE WITH WAIVER OF MINIMUM NUMBER OF REQUIRED PARKING SPACES. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY N0.2005-00024 - TO PERMIT SALES OF BEER AND WINE FOR ON-PREMISES CONSUMPTION WITHIN A RESTAURANT AND BILLIARD FACILITY 3242 West Lincoln Avenue - Maria's Pizzeria and Billiards 2150 RM-4-........_. RCL 63-64-19 VAR 1596 31 DU RM-0 RCL 84-65-16 GG G G VAR 3451 RcL 66~T-0T CL 63{N-1 60 DU APTS. RCL 63b43T CUP 2580 CUP 912 VAR 2692 VETERF ECONG MARIAN LUeE RM-4 RCL 73-74-33 APARTMENTS GG RCL fi3E4-131 CUP 3534 W P 1163 GG ap 1026 RCL 6586-86 yAR 2752 CUP 2166 VAR 1771 CUP 1622 GIRWASHRiEST. CUP 1456 f0.1i VAP 26'. 4 CABOT DR RCL Date of Aerial Pholo: May 2002 Conditional Use Permit No. 2005-05060 Subject Property Determination of Public Convenience or Necessity No. 2005-00024 Date: April 17, 2006 Scale: 1" = 200' Requested By: PIETRO T. TROZZI Q.S. No. 5 CONDITIONAL USE PERMIT NO.2005-05060 -REQUEST TO PERMIT A RESTAURANT AND BILLIARD FACILITY WITH ON-PREMISES SALE AND CONSUMPTION OF BEER AND WINE WITH WAIVER OF MINIMUM NUMBER OF REQUIRED PARKING SPACES. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2005-00024 - TO PERMIT SALES OF BEER AND WINE FOR ON-PREMISES CONSUMPTION WITHIN A RESTAURANT AND BILLIARD FACILITY. 3242 West Lincoln Avenue - Maria's Pizzeria and Billiards ziso Staff Report to the Planning Commission April 17, 2006 Item No. 2 2a. CEQA NEGATIVE DECLARATION (Motion) 2b. WAIVER OF CODE REQUIREMENT. (Motion) 2c. CONDITIONAL USE PERMIT NO. 2005-05060 (Resolution) , 2d. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY N0: 2005-00024 (Withdrawn) SITE LOCATION AND DESCRIPTION: (1) This irregularly-shaped; 1.5-acre property is located east and south of the southeast corner of Westchester Drive and Lincoln Avenue, with a frontage of 136 feet on the south side of Lincoln Avenue and a frontage of 187 feet on the east side of Westchester Drive (3242 West Lincoln Avenue - Maria's Pizzeria and Billiards). REQUEST: (2) The applicanlrequests approval of the following: (a} Conditional Use Permit No. 2005-05060 to permit a billiard facility and on-premises sale , and consumption of beer and wine in conjunction with afull-service restaurantUnder authority of Code Section No. 18.08.030.040 with waiver of: SECTION NO. 18.42.040.010: Minimum number of parkino spaces 112 required; 102 existing and recommended by staff) (b) Determination of Public Convenience or Necessity No. 2005-00024 to permit the retail sales of beer and wine for on-premises consumption in conjunction with afull-service restaurant: (This item has been withdrawh since this determination is made by ABC in conjunction with a Type 41 (restaurant) license) BACKGROUND: (3) This item was continued from the February 6, 2006, and March 20, 2006, Commission meetings to allow the applicant time to work with staff to address the floor plan design and operational concerns eRpressed by the Commission and members of the public. (4) This property is developed with a 13-unit commercial retail shopping center and is zoned C-G (General Commercial). The Anaheim General Plan designates this property for Low- Medium Density Residential land uses. The Anaheim General Plan further designates properties in all directions for Medium Density Residential land uses. This property is located within the Merged Redevelopment Area Srcup200605060kIw41706b.doc Page 1 Staff Report to the Planning Commission April 17, 2006 Item No. 2 .. PREVIOUS ZONING ACTIONS:: (5) The following zoning actions pertain to this property:. (a) Conditional Use Permit No. 4050 (to permit and retain an existing commercial center, 2,200 square foot convenience market, and to permit the sale of beer and wine for on- premises consumption within an existing 5,005 square foot billiard hall) was approved in part, with denial of beer and wine on July 10; 2001, by the City Council: This entitlement was not exercised and staff has included a condition of approvalYequiring termination of this permit. (b) Conditional Use Permit No. 2138 (to permit a public dance hall (without food service).. with a waiver of minimum number of parking spaces) was approved by the Planning Commission on December 15; 1980, for five years: A request to delete thebondition of approval pertaining to the time limit was approved on April 29, 1985. The public dance hall is no ldngecin`operatfon at tftis location and staff has included'a condition of approval requiring termination of thispermit. (c) Variance No: 1728 (waiver of maximum height of roof signs and maximum distance tietweenYOOf sign and freestanding sign) was approved by the Planning'Commission on August 16; 1965. (d) Conditional Use Permit No. 414 (to establish adrive-in or walk-up restaurant) was approved by the City Counciton May 28, 1963; subsequent to Planning Commission denial oh April 29, 1963 (Tacos San Pedro- 3240 West Lincoln Avenue). DEVELOPMENT PROPOSAL: (6) The applicant requests a conditional use permit to allow the sales of beer and wine for orn premises consumption within a proposed full-service restaurantwith an accessory billiard hall The'prevous billiard hall with accessory dining services had been in business for many years under various owners but based upon City records it has not been in operation since April 2003. Page 2 Address (Lincoln 'Avenue Land Use Square-footage Required'Parking , Total 3268 Convenience Market 2,250 s.f. 5.5 s aces/1,000 s.f. 12 3266 Retail 700 s.f. 5.5a aces/1,000 s.f. 4 3264 Barber Sho 700s.f. 5.5 s aces/1,000. s.f. 4 3262 Nutrition Store 700 s.f. S.Ss aces/1,000a.f: 4 3260 Vacant 700 s.f. 5.S s aces/1,000 s.f. 4 3258. Hair Salon- 700 s.f. 5.5 s aces/1,000 s.f: 4 3256 A Iiance Re air 700 s.f. 5.5 s aces/1,000 s.f; 4, 3252. Laundromat 1,500 s.f. 5.5 s aces/1,000 s.f. B 3248 Butcher Sho 2,100 s.f. 5.5 s aces/1,000 s.f. 12 ' Page 3 Staff Report to the Planning Commission April 17, 2006 Item No. 2 'includes service and circulation area (9) The applicant has revised the floor plan by increasing the food preparation and dining area and decreasing the proposed number of billiard tables as reflected in the following table: Use Original Floor Plan Pro osal Modified Floor Plan Pro oral Kitchen/Service: Area BOO s.f. 875s:f. Dinin Area (1900s.f. 2;125's.f. Billiard Tables S Tables 2,450 s.f. 6 Tables 1,950 s.f. Total 4,950 s.f. 4,950 s.f. (10) Pfotographs indicate three (3) existing one=story freestanding buildings with tan. painted brick, peacfi'painted wood framing and tinted windows on the north and west elevations facing the parking lot and the fast-food restaurant. No exterior modifications to the existing building, parking lot, orlandscaping are proposed a5 part of this'applicatioh. A site inspection revealed that the property is ih need of general maintenance. In addition, the center is in Deed bf refurbishment of landscaping`and the parking lot needs to be re-paved and striped. At the public hearing February 6, 2006, the property owner expressed plans to renovate the entire shopping center; :however new elevations have not heen suhmittPd fnr ctaff's raviaw (11) Photographs and staff inspectionsbf the site indicate mntmallandscaping:.Small trees and shrubs are iri the landscape planters along Westchester.Drive: (12) No sign plans were submitted with this application. Photographs indicate three (3) existing wall signs oh the west elevatidn identifying the pizza and billiard. hall andene (1) wall sign on the north elevation identifying the commercial retail center; Centralia Center: Code permits a maximum bf five (5) wall signs fdr the business: The existing wall signs affixed to the west. elevatiort are not tntemallyilluminated and therefore, do not require building permits: HoweveF Code requires that wall signs fiall not exceed a letter height of wenty-four (24) inches (foal-story structures)end maximum a~eabf 10°/dof the unit's elevation (or 200 square feet, whichever is less); the existing wall signs on the west elevation do noYappear to ' exceed maximum requiremehtsof Code. However, the existing wall sign on the north elevation exceeds the maximum permitted area and the maximum letter height. Staff has added a condition of approvalYequiring the sign to be Yemoved', br reduced in size to comply with code. There is!a legal non:conforming freestanding sign identifying businesses in the center. Code permitsre-facing the sign to teflectchanges of businesses but doesnot permit any structural alterations. (13) The revised letter of operation indicates the restaurant and accessory billiard' hall hours would be between 11 A.M. to midnight seven days a week with a maximum of ten (10) employees per shift. Pool tables would be available for patron's recreational use Page 4 3244 Vacant 2,100 s.f. 5.5 s aces/1,000 s.f. 12 8242 Restaurant 3,000 s.f. 8 s aces/1,000 s.f. , 24 Billiard Hall* 6 Tables 1,950 s.f. 2 s aces/.table 12 3240 Take-Out Restaurant 1,410 s.f. 5.5 s aces/1,000 s.f. 8 Total 112 Staff Report to the Planning Commission April 17, 2006. Item No. 2 upon relinquishment of their driver's license, but alcoholic beverages would not be served in' the billiard area, only in the designated dining areas: The applicant has indicated that they would have staff monitoring the area to keep alcohol out of the billiard area.' ENVIRONMENTAL IMPACT ANALYSIS: (14) Staff has reviewed the proposal and the Initial Study (a copy of wfiich is available for review in the Planning Department) and finds no significant ernironmental impact and; therefore, recommends that a Negative Declaration be approved upon a finding by the Planning Commission that the Negative Declaration reflects the independentjudgmeht of thelead agency; and that it has considered the proposed Negative Declaration together with any ', -comments received during the putilic review process and further fihding bn tfie basis of the Initial Study and any comments receiveo that there is no substantial evidence that the project will have a significant effect on the environment. EVALUATION: (15) The accessory sales of beer and wine for on-premises consumption in conjunction with a full- service restaurant is permitted ih the C-G'zone subject td the approval ofa'cohditiohal use permit: As of July 8, 2004, a cohditional'use permit is required forabilliard facility. (16) The: requested waiver pertains to minimum number of required parking spaces. Code requires a mihimum'of112 parking spaces foEtfie combined uses'proposedbn-site: Plans indicate 102 parking spaces provided, resulting ih a deficiehoy of 10 spaces; Code requires that requests for waiversYelating to minimum bomber of parking spaces that do not ezdeed 10°/d (10 parking spaces} of the required number of parkingspaces shall tieaccompahied by 'a parking letter and a parking demand studyneed not be completed by the City's Traffic and Parking Cohsultant. Staff has reviewed thte attached parking' letter and recommends approval of the proposed humtier of parking spaces since a majority of the facility's customers is anticipated to be in the evening hours after the surrounding retail units are <closed. Based upon this evaluation, staff recommehds approval of the parking waiver to permit afull-service Yestaurahland accessory billiard hall: in conjuhctioh with an existing commercial retail center based upon the following findings submitted by the applicant: "(i) That 75% of the existing tenants in the commercial center are closed after 7-o'clock. c in the evening while the proposed restaurant withaccessory billiard hall'sipeak hours of operation are expected to be in the evening hours between 7 o'clock through 10 o'clock in the evening.: , (ii) That under current business operations for the commercial center, 50% of the existing parking lot remains underutilized after 7 o'clock in the evening. (iii) That the proposed business is to serve the neighboring multiple-familyYesidential properties and therefore expects a high level of pedestrian traffic instead of vehicular traffic." (17) The applicant is requesting tc permit the on-premises consumption of alcoholic beverages (beep and wine only) in oonjunction with afull-service restaurahlwith'an accessory billiard hall. The Anaheim Police Department has submitted the attached memorandum dated January 18, 2006; stating this property is located within Police Reporting District No. 1714,. Page 5 Staff Report to the Planning Commission April 17, 2006 !Item No. 2 which hasa crime rate of 333% above average, designating. it as a higR crime rate (defined as 20°/e or more. above the City average). This reporting district has the highest crime rate in the City of Anaheim: However, there were no calls for service to this address in the last year since the unit has been closed since April 2003. (18) This property is also located within Census Tract No. 869.01 where there is currently 1 on- sale license and 10 on-sale licenses are allowed: This census tract also permits 6 off-sale licenses and there are presehtly 6 active licenses in the tract: Although there were ho calls for service for the past year for this unit; the crime rate'within this reporting district is elevated, and the facility has been cldsed9or some time. (19) At the February 6, 2006, Commission meeting,.members of the Commission and the: public had the following concerns about theproject: a. Proposed hours of operation b. Physical cpndition of the shopping center c. Modifying the layout of the proposed floor plan to reflect an increased area for dining and reducing the number of billiard ables d. High crime rate for the Repprting District e. Crime history of the previous billiard hall As a result of the public testimony and cpncerns'expressed by the Commission, staff. was directed to work with the applicant to modify he floor plah to address the feedback expressed at thepublic hearing. (20) Based upon the concerns expressed at the public hearing the applicant has revised the proposed hours of operation for the restaurant to close by midnight, seven days a week rather thah 2 A.M. as originally proposed. Staff believes these proposed hours of operation: are suitable for a restaurant : (21) At the February 6, 2006 public hearing, the Planning Commission expressed concerns regarding. the deterioration and disrepair of the' commercial center. The business owner who is also propertyowner, expressed her interest.in improving the physical condition of the commercial center but would not be able to provide physical upgrades unless the subjecf unit was open and able to draw customers. At the hearhg she suggested upgrading the elevations: Therefore, the Plenning Commission continued the item to ellow plansto be provided to the Commission indicating proposed upgrades. `Staff has not received proposed elevations for the shopping center. (22) .'.The Planning and Police Department staff mefwith the applicant to discuss reducing. the proposed number of billiard tables and additional conditions of approval to ensure greater security for the unhand commercial center. Planning and Police Department: staff communicated to the applicant support foronly two (2) billiard tables as permitted through Ahaheim's Muhicipal Code; however, the business ownerfeels that significantly reducing the number of billiard tables would not make the business financially viable as only a restaurant, end therefore proposes six (6) billiard tables as shown on the floor'plan. The modified flooeplan indicates the restaurant use will cover 61% of the unit while tha accessorybilliard haltwo~ld ehcompass39% Page 6 Staff Report to the Planning Commission April 17, 2006 Item No. 2 (23) At the February 6, 2006, public hearing the applicant indicated the subject unit is the largest tenant space in the commercial center and the successor failure of the proposed business would have a direct effecf on the other businesses in the center. Ther long-time: property owner and owner of the proposed business, is interested in upgradingahepizzeriasnd billiard establishment. by creating a diverse family environment.: The applicant has stressed that the proposed floor layout is not: designed to encourage. the consumption' of beer and wine in the billiardportion of the restaurant: At the public hearing, the applicant expressed interest in creating'a oohs fide r•estauranf similar to other pizzerias. in Anaheim through the addition of amusement devices and maintaining billiard tables. StaffYisited restaurants used as examples by the. applicantand believes the layout of these businesses are not similar to the restaurant proposed. Unlike the floor plan submitted by the applicant, these restaurants devote a relatively mall area to'amusement devices and the floorplans emphasize the restaurant rather than the amusement devices or billiard tables. (24) At the February public hearing staff provided information that there were no calls for service for the unit within the last year.:: Since the public hearing, staff has done further research and determined that he business has not been in operation since April 2003. The Police Department has submitted a memo'dated April 7, 2006, ; indicating 41 calls for service in 2002,. the last fulP year of operation. Callspertaihed to disturbance of peace, a fight, a person down, suspicious circumstances, and numerous 911 calls.: The calls for service data indicates that the prior billiard hall was causing secondary. impacts such as disturbing the: peace of surrounding landuses. The Police Department recordsindicate that he previous business, under different ownership, has had two (2) separate ABClcenses: These licenses weFe7evoked in 1987 and 1993 asa'result of illegal drug ales of marijuana and methamphetamine and the sales of alcoholic beverages to minors. (25) Staff believes that this location is unlike other businesses with billiard tables and alcohol in Anaheim because the other facilities abut commercial businesses while this property directly abuts multiple-family residences to the east and south. Therefore, a large number$f calls for service'for the prior billiard hall pertaining to the disturbance of peace is an indication that the proposed use mayadversejy affect the welt being and. the safety of the adjacent properties, Billiard tables' in conjunction with alcohol: consumptiodintensifies the potential for loitering and increased noise in the evening hours which would be detrimental to the health and safety of the citizens living. adjacent to the neighborhood. Although staff is supportive of improving the dilapidated condition of the shopping center by permitting growth in the center's. largest unit, staff maintains 4he number ofbilliard tables should be limited to only two (2). Staff is concerned'that emphasising the billiard'component of the business could dead to loitering and its related impacts ortan area of the City;that is already burdened by crime (333% above average). Allowing the requested number of billiard tables would likely create secondary impacts to residents in this area, further elevating the crime rate for this reporting district. Therefore, the Police Departmentopposes this request due to the high crime rate'in the area and concern that allowing a restaurant with such a significant billiard'area (1,950 s.f.) would create greater dpportunities for loitering and could exace~tiate the existing crime problem' in the area: The Police Department has included recommended"conditions of approval in the event this application is approved for on- premises consumption'of beer and wine in conjunctioh with afull-service restaurant.. Page 7 Family Residential r 9 Staff Report to the Planning Commission April 17, 2006 Item No. 2 FINDINGS: (27) Section 18.42.110 of the parking code sets forth the following findings which are required to be made before the parking waivers are approved by the Commission; (a) That the waiver, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for such use than the number of such spaces ', necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use; and (b) That the waiver, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity. of the proposed use; and (c) That the waiver, under the conditions imposed, if any, will not increase the demand and competition forparking spaces upon adjacent private property ih the immediate ;vicinity of the proposed use; and (d) That the waiver; under the conditions imposed, if any, wilt not increase traffic. congestion within the off-street parking areas or lots provided for such use; and (e) That the waiver, Under the conditions imposed, if any, wil(not impede vehicular ingress to oregress from adjacent properties upon the public streets in the immediate vicinity df the proposed use. Unless conditions to the contrary are expressly imposed upon the granting of any waiver pursuant to this section;: the granting of thewaiver shall be deemed contingent upon - operation of the proposed use in conformance with the'assumptidns relating to the operation and intensity bf the use`as contained in the parking tlemand letter. that formed the basis for approval of said variance. Ezceeding, violating, intensifying br otherwise deviating from any of said assumptions as contained in the parking demand study shall be deemed a violation.: of the express conditions imposed upon said variance which shall subject said variance to termination or modit"icatiom pursuant to the provisions of Sections 18.60.200 (City-Initiated Revocation dr Modification of Permits). (28) Before the Planning Commission grants anyconditiohal 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 far which a'conditionaf use permit is authorized by the Zoning Code, or that said use as defined in Subsection .p30 (Unlisted Uses Permitted) of Section 18.66A40 (Approval Authority); (b} That the proposed use will not adversely affect the adjoining land uses and the. growth and development of the area in which it is proposed to be located; {c) That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety; Page 9 Staff Report to the Planning Commission. April 17, 2006 :Item No. 2 __ (d) That the traffic generated by the proposed use will not impose an undue bufdeh 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 hot be detrimental to the health and safety of the citizens of the City of Anaheim, RECOMMENDATION: (29) 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 public hearing, the Commission take the following actions: (a) By motion, a pp rove the Negative Declaration for the project (b) By motion, approve the waiver of minimum number of parking spaces 112 required; 102 existing) based on the findings contained in the parking letter submitted by the applicant and approved by staff as summarized ih paragraph 15 of this report and the attached resolution. (c) Bq resolution, approve in part; Conditional Use Permit No: 2005-05060 approving the full-service restaurant with an accessory billiard facility; and den in the on-premises. sale and consumption of beer ahd'wine by adopting the attached resolution including the findings and cohditions contained therein:: IN THE EVENT THE COMMISSION CHOSES TO APPROVE THIS REQUEST THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS AN INTERDEPARTMENTAL COMMITTEE AND ARE RECOMMENDED FOR ADOPTION BYTHE PLANNING COMMISSION. 1. That the sales of beer ahd wine for on-premises cdnsumption shalt expire one (1) year from the date of this resolution on February 6, 2007, unless avalid Type 41 licehse has been issued by the California Department of Alcoholic Beverage Control 2. That the hours of operation shall be limited to the following: Sunday-Thursday 11:00 AM to 1:00 AM Friday -Saturday 11:00 AM to 2:OO AM 3. No admission fee, cover charge, advance prepayment for meals, or similar fee shall be imposed upon patrons as a bondition of entry td the premises. 4. That the establishment shall be operated as a "Bona Fide Public Eating Place" as defined by Sectioh' 23038 of the Califomia Business and Professions Code. 5. That food service with a full meal sftall be available from opening time until either 10;00 P.M: or closing time, whichever occurs first, on each day of operation. Page 10 Staff Report to the Planning Commission April 17. 2006 Item No. 2 6. That there shall be no liar or lounge maintained on the property unless licensed by Alcoholic Beverage Controland approved by the City of Anaheim. 7. That no "happy hour" type of reduced price alcoholic beverage promotion shat) be allowed. 8. That there shall be no video, electronic, orbther amusement devices or games maintaihed within subject establishment without issuance of proper permits as required by the Anaheim Municipal Code. 9. That there shall be no live entertainment, amplified music or dancing permitted on the premises at any time without issuance of proper permits as required by the Anaheim Municipal Code: 10. That trash bins or barrels shall be stored outside of public view. 11. That there shall be no public telephones on the premises located outside the building. 12. That all trash generated from the facility shall be properly'contained in trash bins contained within approved trash enclosures: 13. That ell debris in the parking areas and around the building shall be removed' immediately and the property shall be maintained free df litter at all times. 14. That the parking area shall be re-paved and re-striped. 15. That the: parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance ahd cbnduct of alfpersonsbrtbr about the parking lot: Said lighting shall be directed; positioned; and shielded in sucha mannerso as not to unreasohably illuminatethe window areas of adjacent properties; and that said lighting information shalt be specified on plans: submitted for building permits:: 16. That the owner of subject property shall be responsible for the removal of any on-site graffiti within twenty-four (24) hours bf its application. 17. That window signs shall be prohibited and the existing tinting shall be removed from the windows to allow natural surveillance into the restaurant. 18. That no advertising of alcoholic beverages shall be located,. placed, or attached to any location outside the building; and that any: such advertising shall not be audible (interior or exterior): 19. That the activities occurring in conjunction with the operation of this establishmenEshall not cause noise disturbance to surrounding properties. 20. That the sale of alcoholic beverages shall not exceed forty percent (40%) of the gross sales of all retaif sales during any three (3) mbhth period. The applicant shall maintain'records on aquarterly basis sFiowing the separate amounts of sates of alcoholic beverages and other items .These ', records shall be subject to audit, and made available, when requested byahy City of Anaheim official during reasonable business hours. Page 11 Staff Report to the Planning Commission April 17, 2006 Item No. 2 21. That subject alcoholic beverage license shall not be exchanged for a public premises (liar) type license nor shall the establishment be operated as a public premise as defined in Section.23039 of the California Business and Professions Code. ` 22. That alf alcoholic beverages shall be consumed on the premises. ' 23. Thafconsumption of alcoholic beverages shall remain in the designated dining areas as indicated on the floor plan and serving of alcoholic beverages shall be limited pnly to the dining areas: 24. Thal no display of beer orwine shall be located outside the building or within five (5) feet of any public entrance. to the building. 25. That the sale of alcoholic beverages shall be made to customer's only when the customer is inside the building; 26. That all doors serving subject establishment shall comply with the requirements of the Uniform Fite Code and shah be kept closed and unlocked at all times during hours of operation except for ingress/egress, deliveries, and in cases of emergency, 27. That there shall. be no more than six (6) poo(tabtes maintained within subject establishment and proper permits as required by the Anaheim Municipal Code shall be required for said pool tables. 28. That the business operator shall comply with Section 24200.5 of tare Business and Professions Code so as not to employ pr permit any persons to solicitor encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission; percentage, salary, or other profit-sharing plan, scheme,'orconspiracy. 29. That licensed uniformed security guard(s) approved by the Anaheim Police Department, shall be provided on the premises specifically to provide security, and to discourage vandalism, trespass and/or loitering upon or adjacent to the subject property: Said security guard(s) shall remain' on-dutyas determined to be appropriate by the Anaheim Police Department. 30: That the business be equipped with a comprehensive alarm system for the perimeter of the building and access route protection. 31. Thafa burglary/robbery alarm permit application, Form APD 516, be completed and returned to the Anaheim Police Department prior to initialalarm activation: This form is available at the Police Department front counter. 32. That a File Emergency Listing Card, Form APD-281, be completed and returned to the Anaheim Police Department. This form is available at the Police Department. 33. Thatrear entrance doors shall be numbered with the same address number and shall be illumihated during hours of darkness; Said information shall be specifically shown on plans' submitted for building permits. 34: That rear entrance doors shall remain closed and locked during business haurs to reduce the potential of noise disturbance to surrounding properties. Page 12 Staff Report to the Planning Commission April 17, 2006 Item No. 2 35. That the wall sign on the north elevation shall be removed or any new proposal shalt' comply with signage requirements of the Anaheim Zoning Code with a maximum letter height of 24-inches and an area not to exceed 10% of the total elevation area. Any decision made by staff may be appealed to the Planning Commission as a "Reports and Recommendations" item. 36. That four (4) foot high rooftop address numbers shall be painted flat on the roof in contrasting color to the rooftop material and shall not be visible from ground level. Said information shall be specifically shown on plans for building permits:. 37. That all exterior doors and the rear of the unit abutting the alley shall have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building, 38. That the property gwner shall submit a letter requesting termination of Conditional Use Permit No. 4050 (to permit and retaidan existing commercial center, 2,200 square foot convenience market, and to permit the sale of beer and wine for on-premises consumption within an existing 5,005 square foot billiard hall) and Condition Use Permit No. 2138 (to permit a public dance hall (without food service) with a waiver of minimum number of parking spaces)to the Zoning Division: 39. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1, and as conditioned herein. 40. 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, and prior to sales of beer and wine for on-premises consumption inthe restaurant, Conditioh Nos. 15, 17, 27, 33, 34, 35, 36 and 37 above- mentioned, shall be complied with. 41. That prior to fins( building and zoning inspections, Condition Nos: 30; 31, and 32, above- mentioned; shall be complied with. ' 42. 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 anyaction or findings as to compliance or approval of this request regarding any other applicable ordinance, regulation, or requirement. Page 13 [DRAFT] RESOLUTION NO. PC2006= "` A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION °' THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005-05060 BE APPROVED, IN PART, DENYING THE REQUEST FOR ON-PREMISES SALES AND CONSUMPTION OF BEER AND,WINE (3242 WEST LINCOLN AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition fpr Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California., described as: LOT 1 OF TRACT NO. 3886, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 151, PAGES 8, 9 AND 10 OF MISCELLANEOUS MAPS,. RECORDS OR ORANGE COUNTY, CALIFORNIA.. EXCEPT THEREFROM THE WESTERLY 130.00. FEET ON THE NORTHERLY 120.00 FEET, SAID 130 FEET AND 120.00 FEET BEING MEASURED FROM THE TANGENT PORTIONS OF THE WESTERLY AND NORTHERLY LINES, RESPECTIVELY, OF SAID LOT L WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 17, 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 "Procedures", to hear and consider evidence for and against said proposed conditional use permit and to investigate. and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts:. 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.08.030.040 with the following waiver; (a) SECTION NO. 18.42.040.010 Minimum number of parkins spaces (112 required; 102 existing and recommended by staff) 2. That the parking waiver, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to the proposal under the normal and reasonably foreseeable conditions of operation of such use since 75% of the existing tenants in the commercial center are closed after 7 P.M. while the proposed restaurant with accessory billiard hall's peak hours of operation are expected to be in the evening hours between 7 P.M. through 10 P.M. 3. That the waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposal since 50% of the existing parking lot remains underutilized after 7 P.M. 4. That the waiver, under the conditions imposed, will not increase the demand and competition. for parking spaces upon adjacent private property in the immediate vicinity of the proposal since the anticipated parking demand can be accommodated by the parking provided on the property. CR\PC2006-0 -1 _ PC2006- 5. That the waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the proposal since the existing parking lot has adequate access and parking, it is anticipated that all of the traffic for the uses in this center would be contained on-site. 6: That the waiver, under the conditions imposed; will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposal since the existing parking lot provides ingress and egress along Lincoln Avenue and Westchester Drive. 7. That this use permit is granted, in part, approving the billiard facility accessory to the restaurant use, denying the sales of beer and wine for on-premises consumption because approval would adversely affect the surrounding area and exacerbate the high crime rate (333% above the average for the City of Anaheim). 8. That approval of the beer and wine sales could adversely affect the surrounding multiple- family residential, senior citizen housing, and elementary school land uses by allowing alcohol consumption by patrons at late hours and exacerbate an area of high crime by creating secondary impacts of noise and loitering as with the previous billiard hall; and in doing so, cause a detriment to the health and safety of the citizens of Anaheim. 9. That granting on-site beer and wine consumption with a restaurant in conjunction with an accessory billiard hall makes the proposed use very similar to a recreational or bar-type facility and would potentially exacerbate the existing above-average crime rate by providing a use with late evening operating hours and the potential for loitering. 10: That the subject site is located within the reporting district with the highest crime rate in the City of Anaheim (333% above average), and allowing the sale of beer and wine for on-premises consumption in a neighborhood plagued with gang problems has the potential of aggravating an already serious crime situation. 11. That the proposed restaurant with accessory billiard facility without the beer and wine sales would not adversely affect the adjpining land use as witnessed by the existing billiard facility with accessory restaurant. 12. That the proposed accessory billiatd use is an authorized land use subject to the approval of a conditional use permit. 13. 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 Conditional Use Permit No. 2005-05060 - to permit a billiard facility with on-premises sale and consumption of beer and wine in conjunction with afull-service restaurant; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding pn the basis of the initial study and. any comments received that there is no substantial evidence that the project will have a significant effect on the environment NOW, THEREFORE, BE IT RESOLVED that the Ahaheim Planning Commission does hereby approve the request in part, approving the non-conforming billiard facility accessory to the proposed full-service restaurant, denying the request for sales of beer and wine for on-premises consumption, upon the following conditions which are hereby found to be a necessary .prerequisite to the use as approved, of the subject property in order to preserve the health and safety of the City of the City of Anaheim: -2- PC2006- 1. That the hours of operation shall be limited to the following: Monday-Sunday 11:00 AM to 12 A.M. 2. No admission fee, cover charge, advance prepayment for meals, or similar fee shall be imposed upon patrons as a condition of entry to the premises. 3. That the establishment shall be operated as a "Bona Fide Public Eating Place" as defined by Section 23038 of the California Business and Professions Code. 4. That food service with a full meal shall be available from opening time until either 10:00 P.M. or closing time, whichever occurs first, on each day of operation. 5. That there shall be no live entertainment, amplified music or dancing permitted on the premises at any time without issuance of proper permits as required by the Anaheim Municipal Code 6. That there shall be no video, electronic, or other amusement devices or games maintained within subject establishment without issuance of proper permits as required by the Anaheim Municipal Code.. 7. That there shall be no public telephones on the premises located outside the building 8. That trash bins or barrels shall be stored outside of public view. 9. That all trash generated from the facility shall be properly contained in trash bins contained within approved trash enclosures. 10. That all debris in the parking areas and around the building shall be removed immediately and the property shall be maintained free of litter at all times: 11. That the parking area shall be re-paved and re-striped. 12. That the parking lot serving the premises shall be equipped with fighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Said lighting shall be directed, positioned, and shielded fn such a manner so as not to unreasonably illuminate the window areas of adjacent properties, and that said lighting infonmation shall be specified on plans submitted for building permits: 13. That the owner of subject property shall be responsible for the removal of any on-site graffiti within twenty-four (24) hours of its application: 14. That the activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. 15. That all doors serving subject establishment shall comply with the requirements df the Uniform Fire Code and shall be kept closed and unlocked at all times during hours of operation except for ingresslegress; deliveries; and in cases of emergency. 16. That there shall be no more than six (6) pool tables maintained within subject establishment and proper permits as required by the Anaheim Municipal Code shall be required for said pool tables. Said information shall be specifically shown on plans submitted for building permits. 17. That window signs shall be prohibited and existing tinting shall be removed from the windows to allow natural surveillance into the restaurant. _3_ PC2006- 18. That any and all security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code (Section No. 4.16.070 Anaheim Municipal Code). 19. That the business be equipped with a comprehensive alarm system for the perimeter of the building and access route protection. 20. That aburglary/robbery alarm permit application, Form APD 516, be completed and returned to the Anaheim Police Department prior to initial alarm activation. This form is available at the Police Department front counter. 21. That a File Emergency Listing Card, Form APD-281, be completed and returned to the Anaheim Police Department. This form is available at the Police Department. 22. That rear entrance doors shall be numbered with the same address number and shall be illuminated during hours of darkness. Said information shall be specifically shown on plans submitted for building permits. 23. That four (4) foot high rooftop address numbers shall be painted flat on the roof in contrasting color to the rooftop material and shall not be visible from ground level. Said information shall be specifically shown on plans for building permits. 24. That all exterior doors and the rear of the unit abutting the alley shall have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for..persons exiting the building. 25. That rear entrance doors shall remain closed and locked during business hours to reduce the potential of noise disturbance to surrounding properties. 26. That the wall sign on the north elevation shall be removed or any new proposal shall comply with signage requirements of the Anaheim Zoning Code with a maximum letter height of 24- inches and an area not to exceed 10% of the total elevation area. Any decision made by staff may be appealed to the Planning Commission as a "Reports and Recommendations" item. 27. That the property owner shall submit a letter requesting termination of Conditional Use Permit No. 4050 (to permit and retain an existing commercial center, 2,200 square foot convenience market, and to permit the sale of beer and wine for on-premises consumption within an existing 5,005 square foot billiard hall) and Condition Use Permit No. 2138 (to permit a public dance hall (without food service) with a waiver of minimum number of parking spaces)to the Zoning Division. 28. 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. 12, 16, 22, 23, 25, 26 and 27 above-mentioned, shall be complied with. 29. That prior to final building and zoning inspections, Condition Nos. 19, 20, and 21, above-mentioned, shall be complied with. , 30. That approval of ihis 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 this 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 7 days of the issuance of a final invoice, prior to the issuance of building permits or commencement of activity 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 17, 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 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 17, 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 _6_ PC2006- ,~;~~~r~a; ,. . ~:. ~;,. /rDi4; ~;`~ Z~ iV' IY~''~. i~ ;:; , c~DNOF.D \0~' Anaheim Police Dep4 42S S. Harbor Blvd. Anaheim, CA 92805 TEL: 714.765.1401 FAX: 714.765.1665 9CT~ ityTT ogTpp ^^f~~yyAng®a~phTMle'gTi~m pg.~~~ ~gq-,p~~® 8g~1 I~VT 1 ®Lll~~ EJIJl ~S\811 x'~l\~ Special Operations Division To: Kim Wong Planning Department From: Sergeant Mike Lozeau Vice Detail Date: April 7, 2006 RE: Maria's Pizzeria-Billiards 3242 W. Lincoln Ave. Anaheim, CA 92504 Attachment -Item No. 2 Stats for 3242 W. Lincoln/Calls for Service 2003-2004 2 911 6 911 Hang-up 1 Attempt Suicide 1 Drunk in Public 2 Assist Other Department 1 Vandalism 13 Total Calls For Service These coincide with the time they appear to be open on their utility bills. No calls for service after Apri103. 2002 20 911 Hang ug 3 911 1 Attempt Suicide 1 Fight 4 Disturbing the Peace 2 Mental-case 2 Check the We1113eing 1 Robbery 2 Unknown Trouble 1 Person Down 1 Suspicious Circumstance 2 Assist Other Department 1 Vehicle Tow 41 Total Calls for Service 2001 21 911 Hang up 4 911 1 Felony Assault I Petty Theft 1 Drunk I Person Down 1 LosdStolen Property 1 Unknown Trouble I Assist Other Department 1 Vehicle Tow 33 Total Calls for Service 2000. 33 911 Hang-up 7 911 2 Check the Well Being 4 Disturbing the Peace I Narcotic Sales 1 Stolen Vehicle 1 Drunk 3 Suspicious Circumstances 1 Unknown Trouble 1 Vehicle Tow 54 Total Calls for Service 1999 20 911 Hang-up 1 911 1 Battery 2 Disturbance I Person Down 2 Stolen Vehicle 10 Vehicle Tow 1 Drunk Driver 1 Keep the Peace 1 Unknown Trouble 1 Suspicious Circumstance 41 Total Calls far Service Page 2 1998 17 911 Hang-up 2 911 2 Battery 1 Felony Assault 5 Disturbing the Peace 2 Burglary 1 Violation of Court Order 1 See the Woman 1 Person Down 1 Fire 1 Traffic Accident 1 Suspicious Circumstance 35 Total Calls for Service 1997 14 911 Hang-up 2 911 1 Man with a Gun 1 Battery 2 Felony Assault 1 Illegal Shooting 1 Misd Assault 7 Disturbing the Peace 1 Drunk in Public 2 Car Stop 1 Stolen Vehicle 2 Hit and Run 1 See the Man 1 Traffic Accident 3 Suspicious Circumstance 1 Unknown Trouble 1 Vehicle Code Violation 1 Assist Other Department 43 Total Calls for Service 1996 1 91 ]Hang-up 1 Man with a Gun 1 Felony Assault 1 Battery 1 Violent Mental Person 3 Disturbing the Peace 1 Hit and Run Page 3 1 Stolen Vehicle 2 Burglary 1 Person Down 2 Suspicious Circumstance 1 Unknown Trouble 2 Malicious Mischief 1 S Total Calls for Service 1995 1 Stolen Vehicle 1994 1 Drunk in Public I Disturbance 2 Vehicle Tow 1993 1 Man with a Gun 2 Battery I Fight 1 Possession of Narcotics 5 Disturbing the Peace I Burglary 1 Annoying or Threatening Phone Call 2 Vehicle Tow 2 Suspicious Circumstance 1 Panic Alarm 17 Total Calls for Service The calls for service from 1993 until present are all as just a pool hall-no alcohol Page 4 ;N~HlriM ii< ice. '~4% 1P\ ~T.1 I '\ ~ % F'~UNUEO.~b~". CityT ogg®g ^f/yAT~ ng®a~®hFp~le4yia~mA pg~~~ ~p®~~~p~~® ~j Ip~TT ®LYI~ a'~ YJ a'~8 C81\ H 1~Y1:J1 \ H Special Operations Division To: Kimberly Wong Planning Department From: Sergeant Mike Lozeau Vice Detail Date:. January 18, 2006 RE: CUP 2005-05060 Maria's Pizzeria-Billiards 3242 W. Lincoln Anaheim, CA 92804 Attachment -Item No. 2 The Police Department received the I.D.C. route sheet for CUP 200: 05060. The applicant is requesting to reduce the number of billiard tables and increase the area and tables for dining and to serve beer and wine. The location is within Reporting District 1714, which has a crime rate of 333 percent above average (it went up with year end slats). It is also within census tract 869.01, which has a population of 8,978. This population allows for 10 On Sale licenses and there is presently 1 license in the tract. This population also allows for 6 Off Sale licenses and there are presently 6 active licenses in the tract. The Police Department had no calls for service to this address in the last year. The Reporting District to the north of this location is 1614 and has a crime rate of 40 percent below average. The Reporting District to the south is 1814 with a crime rate df 32 percent above average. The Reporting District td the west is 1713 with a crime rate of 30 percent below average. The Reporting District to the east is 1715 with a crime rate of 129 percent above average. The Police Department strongly recommends denial due to the extremely high crime rate. This reporting district has the highest crime rate for the entire city! This high density neighborhood has been plagued with gang problems. There are two long standing gangs with members in this area, Folks and W 18s' St. There is an Elementary, Jr. High and a High School in the very nearby vicinity. There is a problem with drug sales in the area. There is already a liquor store in that strip mall that is frequented by transients and drunks. The Police Department feels that the addition of an ABC license at this location Anaheim Police Dept. 425 S. Harbor Blvd. Anaheim, CA 92805 TEL: 714.765.1401 EAX: 714.765.1665 Memorandum Kimberly Wong Maria's Pizzeria-Billiards would further add to the problems in this area, and the safety and welfare of the citizens of Anaheim. If the request for Public Convenience or Necessity is granted, the Police Department would recommend the same conditions requested on the Pre-file memo. If further information is required please contact me at extension 1451. f:~homelmmirwin12005-05080 Mada's Piueda-Billiards.doc Page 2 -Qy,r . ~z:o .F ~.: pi u, ` s NO¢ti~ City of Anaheim I'®LICE l)EPA~'I'10~E1~T Special Operations Division To: Kimberly Wong Planning Department From: Sergeant Mike Lozean Vice Detail Date: Jnly 7, 2005 RE: PRE 2005-00048 Maria's Pizzeria-Billiards 3242 W. Lincoln Anaheim, CA 92804 Attachment -Item No. 2 The Police Department received the I.D.C. route sheet for PRE 2005- 00048. The applicant is requesting to reduce the number of billiard tables and increase the area and tables for dining and to serve beer and wine. Anaheim Police Dept. 425 5. Harbor Blvd. Anaheim, CA 92805 TEL: 714.7fi5.1401 FAX: 714.765.1665 The location is within Reporting District 1714, which has a creme rate of 286 percent above average. It is also within census tract 869.01, which. has a population of 8,978. This population allows for 10 On Sale licenses and there is presently 1 license in the tract. This population also allows for 6 Off Sale licenses and there are presently 6 active licenses in the tract. The census tract boundaries are: North Lincoln Avenue South Ball Road Easf Western Avenue West Knott Avenue Off Sale licenses in the applicants census tract: 3430 W. Lincoln Avenue 3268 W. Lincoln Avenue 550 S. Knott Avenue 3460 W. Orange Avenue 3454 W. Lincoln Avenue 3420 W. Lincoln Avenue On Sale license in the applicants census tract: 3330 W: Lincoln Avenue Memorandum Kimberly Wong Maria's Pizzeria -Billiards The census tracts surrounding this location are as follows: North -Buena Park South - 878:01 On Sale allowed 6/active 5 pending 1 East - 869.02 On Sale allowed 6/active 4 pending 1 West -1102.02 On Sale allowed 9/active 1 population 4,890 Off Sale allowed 3/active 7 population 4,921 Off Sale allowed 3/active 3 1 pending population 7,757 Off Sale allowed 5/active 1 Additional Census Tract information: North East-Buena Parka North West -Buena Park South West- 1102.03 population 5,453 On Sale allowed 6/active 1 Off Sale allowed 4/active 3 South East = 878.02 population 6,725 On Sale allowed 8/active 2 Off Sale allowed 5/active 5 The Police Department had ho calls for service to this address in the last year. The Reporting District to the Korth of this location is 1614 and has a crime rate of 40 percent below average. The Reporting District to the south is 1814 with a crime rate of 32 percent above average. The Reporting District to the west is 1713 with a crime rate of 30 percent below average. The Reporting District to the east is 1715 with a crime rate of 129 percent above average. The Police Department strongly recommends denial due to the extremely high crime rate. This high density neighborhood has been plagued with gang problems. There are two long standing gangs with members in this area, Folks and W 18~' St. There is an Elementary, Jr. High and a High School in the verynearby vicinity. There is a problem with drug sales in the area. The Police Department feels that the addition of an ABC license at this location would further add to the problems in this area, and the safety and welfare of the citizens of Anaheim. If the request far Public Convenience or Necessity is granted, the Police Department recommends the following conditions be placed on the C.U:P.: Page 2 Memorandum Kimberly Wong Maria's Pizzeria-Billiards 1) At all times when the premise is open for business, the premise shat) be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurant. 2) There shall be no bar or lounge area upon the licensed premise maintained for the purpose of sales, service, or consumption of alcoholic beverages directly topatrons for consumption. 3) The gross sales of alcoholic beverages shall not exceed 40 percent of the gross sales of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be made available for inspectionby any City of Anaheim official when requested. 4) There shall be no live entertainment, amplified music or dancing permitted on the premise at any time. 5) The sale of alcoholic beverages for consumption off the premise shall be prohibited. 6) There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 7) The activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. 8) That subject alcoholic beverage license shall not be exchanged for a public premise (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code. 9) There shall be no admission fee, cover charge, nor minimum purchase required. 10) That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code and shall be kept closed at all times during the operation of the premises except for ingress/egress, permit deliveries and in cases of emergency. Page 3 Memorandum _. Kimberly Wong Maria's Pizzeria-Billiards 11) There shall be no public telephones on the property that are located outside the building and within the control of the applicant. 12) Any and all security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession'Code:' (Section 4.16.070 Anaheim Municipal Code) 13) No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed. 14) Petitioner shall not share any profits, or pay any percentage or commission to a promoter or anyother person, based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders, or the sale of drinks. If further information is required please contact me at extension 1451. 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NmN y U ~ 1 O O mm xv Op °-'°' c U ~D yy cOl J m m ~ O O 1 m O O m r r W cfl `~ 1 O 0 ~ 1 Na s nn m Z I ° o Ln W ~ ~ .- o $ t ~ U ` ~ ~ P ~-~e ~~ ~ ~ m W O N U N 0 0O ~~//~~ ~5 O d a ~ y N d Y J ~ K ~ y~ O ,.. ~ O ~ c m O ~7 ~ c ~ O O v '° O N ,~ ^ ?o ~' ONN I N Omen M°= N m u O u v ~ a ~ o U o~~ yy \ N eiti ~~ ~~ r ~ Oc~ ~ yy y r N m N ~ ` 00 m . o > m Q t0 C m ^~ c o. -~ N ~j N N • ~ C ~ M Item No. 3 W SP 94-1 (SC) W RCL 65-66-24 (29) ~ RCL 65-66-133 ~ CUP 3325 ~ CUP 2922 VAR 3836 Y VAR 2878 LL IND S ~ SMA TRIAL U FIRM J U~o~ SP 94-1 (SC) RCL 66 67 64 ~ ~ `~ ~ ~ m . . (Res. of Intent to ML) ~ ~ ° ~o ~O v~=~ RCL 66-67-63 ~ ~ ~~ °'~`o~ ~ N~ AJAX CEMENT COMPANY ~=~z ~ ~~ ~Y ° K U OQ ~ ~ I d a SP 941 (SC) DA 2 RCL 65-66-24 (29) RCL 65-66-t3 CUP 2922 CUP 3752 VAR 3638 VAR 2678 CATELLUS CORPORATE CENTER SMALL INDUSTRIAL FIRMS F W W F O lY W Q Z Q SP 94-1 (SC) , DA 2 RCL 65-fib-24 (29) CUP 2004-04945 CUP 3010 VAR 4133 VAR 2676 (CUP 2003-04793) GHURCH T RCL 70-71-07 (Res of Intent to ML) RCL 70-71-06 LA PALMA AVENUE ~-- 3ao SP941 (SC) ~`. DA 2 RCL 66-67-64 (10) CUP 2006-05069 ~~; CUP 3918 t VAR 3267 PS PUBLIC STORAGE I)i c a : xc .,~~. 'i }>~ ~ S f ~ i ~J & t 1 "$ k ~' i~ /M1' ~ fY 4 "..-" ~ I ~YX 11s SP 941 (SC) SP 941 (SC) PA 2 DA 2 RCL 66-67-64 (10) RCL 66-67-64 (10) I MTI LING VAR 2323 I SMALL IND FIRA A2PHA a ALL PROPERTIES ARE IN THE SCENFC CORRIDOR (SC) OVERLAY ZONE. Conditional Use Permit No. 2006-05069 t.; ..a Sub'ect Pro e t ~'~ by 1 P rtY Date: April 17, 2006 Scale: 1" = 200' Requested By: PUBLIC STORAGE EURO PARTNERSHIP Q.S. No. 166 4880 East La Palrna Avenue 10005 Staff Report to the Planning Commission April 17, 2006 Item No. 3 3a. CEQA NEGATIVE DECLARATION (Motion for continuance) 3b. WAIVER OF CODE REQUIREMENT 3c. CONDITIONAL USE PERMIT NO. 2006-05069 SITE LOCATION AND DESCRIPTION: (1) This rectangularly-shaped 3.5-acre property has a frontage of 340 feet on the south side of La Palma Avenue, a maximum depth of 453 feet., and is located 115 feet west of the centerline of Manassero Street (4880 East La Palma Avenue- Public Storage). ' REQUEST: (2) The applicant requests approval of a conditional use permit under authority of Code Section Nos. 18.120.070.050.0537 and 18.120.070.080.0801 to construct afive-story self storage. building with building heights exceeding 60 feet with waiver of the following: (a) SECTION NO. 16.120.080.0803 Maximum floor area ratio (FAR) 0.5 permitted; 1_1 proposed) (b) SECTION NO. 18.120.070.100.1001 Maximum fence heioht (3 feet permitted; 6 feet proposed). BACKGROUND.. (3) This item was continued from the March 20, 2006, Commission meeting to allow the applicant time to complete revisions to the proposed addition to the existing self storage facility. (4) The property is developed with an existing self storage facility and is zoned SP94-1(DA2) (SC) (Northeast industrial Area, Development Area 2 (Expanded Industrial Area); Scenic Corridor Overlay): The Anaheim General Plan designates this property for Office-Low land uses Surrounding properties to the north {across La Palma Avenue) are designated for Industrial land uses, to the east and west for Office-Low land uses and to the south for Open Space-Water uses. (5) The applicant, Dean Grobbelaar, has submitted the attached letter dated, April 11, 2006, requesting a continuance to the May 1, 2006, Commission meeting in order to meet with City staff on the proposed plan.. RECOMMENDATION: (6) That the Commission, by motion, continue this item to the May 1, 2006, Planning Commission meeting. SR-CUP2006-06069(con't-3-20-06)lkn Page 1 file:///H~/CASES/Conditional'7o20Use~7o20PermiVCUP2006-05069/ATT~7o204-17-06/ATT I -4-17-06PC.htm From: Dean [dean@pacificplanninggroup.com] Sent: Tuesday, April 11, 2006 3:32 PM Attachment -Item No. 3 To: Jessica Nixon Cc: nhattenburg@publicstorage.com; karen@pacificplanninggroup.com Subject: FW: Public Storage - 4880 La Palma Ave Jessica, This email serves to confirm that Public Storage, Inc would like to request a continuance from the April 17, 2006 Planning Commission hearing to the May 1, 2006 Planning Commission hearing. Looking forward to your earliest confirmation. Dean OIe:///HI/CASES/Condi[ional"/o20Use~20PermiVCUP2006-05069/ATT°k204-17-06/ATTl-4-I7-06PC.htm4/13/20064:36:15 AM 4 T BROOKHURST JUNIOR HIGH SCHOOL GG :L 9400.11 ;l 9&99-11 :L fii-ez-i3 es al Inlanl RM-3000) ;uPZ29z RKING LOT C-G RCL 98-9&11 RCL 72-73-8 T-VAR 4408 VAR 4389 VAR 2403 ADJ 0176 OFFICE BLDG. Cli RCL 9B-89-11 RCL 72-73.8 VAR 2403 ADJ 0090 PROFESSIONAL OFFICES (Ras c-G RCL 96-99-11 - RCL 67-6B-36 EL RANCHO PLAZA an aanan ~„~,e~ F- W W F- ~ o ~ 1m_ Y O .1 O m Conditional Use Permit No. 2006-05071 Requested By: GARY HUI-LI DOU 500 North Brookhurst Street VAR 4115 C-G VAR 4013 VAR 389 RM~ c.D~ F D c. RM-4 RCL 69-80.34 -r RM-0 RCL 98-99-11 FIRE STATION ygCA1.17 VAR 4115 N0.2 CRESCENT AVENUE WESTANAHEIMCOMMERCIALCOI REDEVELOPMENT PROJEC CG GG RCL 9&88-11 RCL 9&99-11 RCL 72-73-03 RCL 7243-03 CUP 2806 CUP 1594 6.5. B VAR 3189 FOOD MPAT PC 2004-0883 f- W W C-G RCL 98-99-11 ~ RM-4 RCL 72-73-03 lq RCLfi9-78.40 CUP 2004-04858 } CUP 1225 CUP 1594 W VAR 2616 vAR 27n s OFFICE BLDG. J TARA HILL ' Q APARTMENTS ~ 368 OU a m W J J a ~i ~~'~~,~ SubjectPraperty Date: April 17, 2006 Scale: 1" = 200' O:S. No. 39 loon Date of Aerial Photo: Conditional Use Permit No. 2006-05071 Requested By: GARY HUI-LI DOU Subject Property Date: April 17, 2006 Scale: 1" = 200' Q.S. No. 39 500 North Brookhurst Street tooi7 Staff Report to the Planning Commission April 17, 2006 Item No. 4 4a. CEQA NEGATIVEbECLARATION (Motion) 4b. ' WAIVER OF CODE REQUIREMENT (Motion) 4c. CONDITIONAL USE PERMIT NO. 2006-05071 (Resolution) 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 1 BO feet on the east side: of Brookhurst Sheet, 240 feet on the north side of Alameda Avenues end 180 feet on the west side of Valley: Street (500 North Brookhurst Street). REQUEST: (2) The applicant requests approval of a conditional use permit under authority bf Code Section Nol' 18.08:030:040.0402 td bonstruct a commercial retail center with adrive-through restaurant with waiverscf the following: (a) SECTION NO. 18.44:080.060 Permitted number of tenants on a monumenEsign (Deleted) (b) SECTION NOS. 18.08.070 AND Minimum number of parking spaces 18.42.040.010 (71 required; 63 proposed and recommended by the City's Independent Parking'and Traffic Consultant) BACKGROUND: (3) This item was continued from the April 3, 2006, Commission meeting at the requestcf the 'applicant. (4) This property is currently developed with a freestanding restaurant (to be demolished) and is !zoned C-G (General Commercial).. The Anaheim General Plan designates this property for ,.Office-Low land uses. Surrounding properties to the northand west are also designated for Office-Low land' uses antl to the east and south for Medium Density. ResidentiaUand uses. PREVIOUS ZONING ACTIONS: (5) The following zoning action pertains to this property: (a) Conditional Use Permit No. 4113 (to permit a restaurant with sales of alcoholic beverages for bn-premises consumption including a'bar, entertainment, dancing. and banquets) was approved by the City Council July 13, 1999 fora period of 4 years. This conditional use permit has expired: DEVELOPMENT PROPOSAL: (6) The applicant requests a conditional use permit to construct a new, 8-unit commercial retail centerinciuding adrive-through coffee-shop restaurant with outdoor seating. The existing freestanding restaurant would be demolished. SR-CUP2006-05071jkn Page 1 > ~ Alameda _ ' r ~~~Nor*~i Pro ertyr .. " " ~ ~, , p z Brookhurst St< ~ ~Ave ~ ~ U$fle =Sx~ ' Line ; ~ -~ ~ ~: ~ ~..., _, ,. , r . ._ ~~ . ~; .~ , , , . ~ .. , --.-: Pro osed 15 feet 10 feet 10 feet 17 feet Re wired 15 feet 10 feet 10 feet 0 feet (8) ' `An outdoor seating'area is proposed between the ceffee shop building and the parking lot facing Brookhutst Street? This outdoor area is designed'with enhanced paving,'with five (5) tableland ten (10) chairs and is separated from the street by the drive-thPoughlane and landscaped setback. A three (3) foofhigh wrought iron fence is proposed around portions of the seating area to identify the space: Code permits outdodr seating accessoryto restaurants provided that the seating area is properly maintained and does not exceed ten seats. (9) Access to the site wduid be provided via three driveways to be accessed from Brookhurst Street, Alameda Avenue, and Valley Straet. The site plah alsp indicates 63 parking spaces - proposed for this commerciai7etail canter and coffaa-shop: Code Yaquires 71 spaces based on the following chart. ~ ' ~ ~ ~ CCfDE REQUIRED' ~~ ~ r SE ' , x S U "~E „ , NG ~2AT1O ~ ' PARKIKIG r n s U Q ARE ET~ PARKI . r REQUIRED' Retail 7,775' 5.5 spaces 43 Coffee-Shop 1,700 16 spaces 28 Restaurant TOTAL 77 SR-CUP2006-05071jkn Page 2 Staff Report to the Planning Commission April 17, 2006 Item No. 4 t ~ 5 4: f V ~~e 1 y . I 1 - `~ 1`~` r 1 Si n Nurriber°a T e r " '` ? n ~,~. N 'tt W dfh~` . . 1: catian . u, , ~.;: „ . ei i X . o A 9 Tenanfwall sign; Undetermined South, east, and west elevations B 2 Coffee shop Undetermined South and east elevations tenanfwall sin < (1) Driveway (Brookhurst C 2 "DRIVE-THRU" ' 3'10" x 2'1" Sf: (1) Entrance of drive directional throw h lane D 1 "Thank You" 3'10" x 2'1" Drive-through exit directional Along drive-through E 1 - S Baker ost 4`3"x 1'4 °/:' ` behind tiuildin F 1 Pre-order board t3' x 3' 'Along drive-through behind buildin G 1 ' " ' Along drive-through Menu board 5 11 1aH6 x T 11 iYs behind buildin H 1 Monument 8'x10' Landscape planter ' ad acent td Brookhurst St. L 1 Height bar ` 10~ Entrance of proposed drive-throu h (12) The proposed wall signs (A and B) would be located above the entrance for each tenant space with the coffee shop and tenants 7 and S having one extra wall sign on a separate elevation. Thewalf signs would be internally illuminated channel letters flush-mounted to thewall fascia Code permits a wall sign to cover not more than ten percent(10°l°) of tfie building face witH a maximum letter height of twenty-four (24) inches. The individual tenants have not been `.identified at this time but any future signs for each tenant would be required td comply with code. (13) The landscape plart (Exhibit No. 5) indicates a 15-foot wide landscape planter along `.Brookhurst Streetand 10-foot wide landscape planters along. Alameda Avenue and Valley: Street. The landscape plan consists of a variety of minimum `24-inch' box size trees, clinging vines and'fast growing shrubbery for the,trash enclosure area'and ground cover throughout the landscaped area: The plan also indicates landscaped fingers within the parking area r planted with trees, sfirubs and'groundcover. Code requires one tree fdr every 201inear feet of street frontage (10 trees on Brookhurst Street, 14 trees on Alameda'Avenue and 10 trees on Valley Street). Code further requires that at least one (1) tree per 3,000 square feet of parking area and/or vehicular accessways be distributed throughout the parking area with a minimum planter dimensidn of five (5) feet. The proposedlandscape plan complies with Code. (14) The hoursbf operation, employee information and tenant mix are unknown for the commercial retail spaces at this time. The applicant has indicated in the]etter of operation that the drive- through restaurant would be a coffee-shop type use and the other sever (7) units would consists of retail uses offering products such as hardware, cellular phone, games, or services such as dry cleaners,. mail service, selon, nail salon or other similar neighborhood serving , Lses. SR-CUP2006-05071jkn Page 4 Staff Report to the Planning Commission April 17, 2006 Item No. 4 ENVIRONMENTAL IMPACT ANALYSIS: (15) Staff has reviewed tfieproposal and the Initial Study {a copy of which is available for review in the Planning Department) and finds no significant environmental impact and, therefore, recommends that a Negative Declaration be approved updn a finding by the Commission that the declaration reflects the independentjudgment of the lead agency; and that it has considered the proposed Negative Declaration together with any comments received during the public review process and further finding on the basis of the Initial Study and .any comments received that there is no substantial evidence that the project will have a significant effect on the environment. EVALUATION: (16) Commercial retail centers (two ormore commercial tenant spaces) and fast-food restaurants. with adrive-through are permitted in the C-G zone subject to the approval of a conditional use permit. (17) Waiver (a) pertaining to maximum number of tenants on a monument sign has been deleted since the,plans have beenrrevised to comply'with code: (16) Waiver (b) pertains to the minimum number of parking spaces. Code requires a minimum of 71 spaces for the fast-food restaurant and retaitcenter and plans propose 63 spaces. A parking study dated October 5; 2005, was conducted by City's independent parking and traffic cdnsuitant which determined that the proposed parking and circulation would be adequate and would hot negatively impact this project or surrouhding properties. Based: upon the Traffic cdnsultan£s analysis and recommendation, staff7ecommends approvafof thiswaiver based bn the fallowing findings: "(a) That the waiver, under the conditions imposed, if any, wil(not cause. fewer off-street parking spaces to 6e provided for such use than the number of such spaces necessary to accommodateall vehicles attributable to such use under the normal and reasonable foreseeable conditions of operation of such use. Theproject would provide a total of fi3 parking spaces. As a result, the project will provide adequatebff-street parking to accommodate all vehicles attributable to the project under normal operation. (ti) That the waiver,. under the conditions. imposed,. if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity'of the proposed use. As demonstrated in this parking analysis, the project will provide adequate parking on- site to accommodate parking demand under normal operation. On-street parking is not anticipated for this use. (c) That the waiver, under the conditions imposed, if any, will not increase the demand for parking spaces upon adjacent private property in the immediate vicinity of the proposed use: The project will provide adequate parking on the project site to accommodate its parking generation. No demand for parking on adjacent private property is forecasted. SR-CUP2006-05071jkn Page 5 Staff Report to the Planning Commission April 17, 2006. Item No. 4 (d) That the waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided forsuchuse: Design and layout of parking considers good traffic flow and minimizes the heed to circulate to find parking:`. The retail: use and the coffee-shop restauranfwill provide adequate parking on site:. Therefore; traffic congestion is hot anticipated with. r implementation of the project. (e) That the waiver, under the conditions imposed; will notimpede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of fhe proposed use: The project is proposing to provide vehicular access to the site along Brookhurst Street; Alameda Avenue and Valley Street. The locations of the proposed driveways will not impede vehicular ingress to oregress from adjacentproperties: Furthermore, it has been established previously that a sufficient supply of off-street parking will be provided to meet the forecasted parking demand. Therefore, no stacking onto the public street nor blocking an adjacent driveway would be expected to occur." (18) Goal 6.1 of the Community Design Element of the General Plan relating to commercial centers reads as follows: Focus activity centers at the'intersectibns of selected major corridors to provide convenient and attractive concentration ofretaif and office uses.n Several policies ate. indicated in order to implement this goal: In summary, the design policies include the following; • Locate buildings close td the street with shielded parking • Encourage pedestrian-scale features such as public art and awnings • ' Incorporate architectural' interestYttrough varied rooflines, colors; materials and lighting • Link newly developed retail centers to residential andlor office uses through clear safe pedestrian and bicycle connections • Provide layered landscaping • Provide people gathering spaces such as outdoor eating areas, water features, courtyards; etc. • Screen utilities (20) Several of the design features indicated in the Design Element have been incorporated into. the proposed project. Examples include an outdoor seating area, Varied building facades, quality materials; layered landscaping along street frontages, screened utility equipment and .the drive-through lane located behind the building:. (21) Careful consideration has been given to the design' and functionality of the proposed retail center. The applicant has worked closely with staff to provide a qualitydesign that is consistent with the Community Design Element of the General Piamand that complies with the zoning node. The proposed commercial center and drive-through restaurant is a welt designed ` building that would serve the needs of the community in a architecturally enhanced manner,: therefore staff recommends approval of the project: SR-CUP2006-05071jkn Page 6 Staff Report to the Planning Commission April 17, 2006 Item No. 4 FINDINGS: (22) Section 18.42.110 of the parking ordinance sets forth the following findings which are required tp be made before a parking waiver is approved by the Planning Commission: (a) That the waiver, under the conditions imposed, if any, wilt not cause fewer off-street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonable foreseeable conditions of operation of such use: (b) That the waiver; under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. (c) That the waiver, under the wnditions imposed, if any, will not increase the demand for parking spaces upon adjacent private property to the immediate vicinity of the proposed: use.. (d) That the waiver, under the conditions imposed, will not increase traffic congestion within the off-street parkingareas o~ lots provided for such use:. (e) That the waiver; under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinitybf the proposed use. Unless conditions to the contrary are expressly imposed upon the granting of any variance pursuant to this section, the granting of the variance shall be deemed contingent upon operation of the proposed use in conformance with the assumptions relating to the operation and intensity of the use as contained h the Parking Analysis that formed the basis for approval of the variance. Exceeding; violating; ihtehslfying or otherwise deviating from any of the assumptions as contained ih the Parking Analysis shall tie deemed a violation of the express conditions imposed upoh the variance,`whick shall subject the waiver to revocation or modificatioh pursuant to the provisions of Section 18.60.200 (City-Initiated Revocation of Modification of Permits). (23) 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 whicfi a conditional use permit is authorized by the Zoning Code, or js an unlisted use as defined in Subsection .030 (lJnlisted 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 proposed use in a manner not detrimental to the particular area or to the health and safety; (d) Thaf 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 conditiohal use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens pf the City of Anaheim. SR-CUP2006-05071jkn Page 7 Staff Report to the Planning Commission. ', April 17, 2006 Item No. 4 RECOMMENDATION: (24) Staff recommends that, unless additiohalor contrary information is received during the meeting; and based upon the evidencesutimitted to the Commission; including the evidence presented in this staff report, and prat and written evidence presented at the public hearing; the Commission take the following actions: (a) By motion, improve a Negative Declaration for the project; (b) By motion, deny waiver (a) since it has been deleted. {c) By motion, approve waiver (b) pertaining to minimum number of parking spaces 71 required; 63 proposed) based on the findings outlined in the parking analysis and recommended by the City's Independent Parking and Traffic Consultant): (d) By resolution; approve Conditional Use Permit No. 2006-05071 to construct a new commercial retail center with adrive-through restaurant by adopting the attached resolution including the findings and cpnditions contained therein. SR-CUP2006-05071Jkn Page 8 [®~,F'f] RESOLUTION NO. PC2006--"' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0.2006-05071 BE GRANTED (500 NORTH BROOKHURST STREET).. WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 3, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK B5 PAGES 4 AND 5 OF PARCEL MAPS, tN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 17 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, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts:.. 1. That the proposed use, to permit a commercial retail center, is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.040.0402. (a) SECTION NO. 18.44.080.060 Permitted number of tenants on a monument sign (Deleted) (b) SECTION NOS. 18.08.070 AND Minimum number of parking spaces. 18.42.040.010 (71 required; 63 proposed and recommended by, the City's Independent Parking and Traffic , Consultant). 2. That the above-mentioned waiver (a) has been deleted since the plans have been revised.. 3. That the above-mentioned waiver (b) pertaining to the minimum number of parking spaces is hereby granted based on the parking analysis prepared by the City's independent parking and traffic consultant and the finding that the project would provide a total of 63 parking spaces. As a result, the project will provide adequate off-street parking to accommodate all vehicles attributable to theproject under normal operation.. r 4. That as demonstrated in this parking analysis, the project will provide adequate parking on- site to accommodate parking demand under normal operation. On-street parking is not anticipated for this use. 5. That the waiver, under the conditions imposed, if any, will not increase the demand for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because the project will provide adequate parking on the project site to accommodate its parking generation. No demand for parking on adjacent private property is forecasted_ 6. That the waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for such use because the design and layout of parking considers good traffic flow and minimizes the. need to circulate to find parking.. The retail use and the drive-through Cr\PC2006-0 -1- PC2006- coffee-shop/restaurant will provide adequate parking on site. Therefore, traffic congestion is not anticipated with implementation of the project 7. That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity df the proposed use because the project is proposing to provide vehicular access to the site along Brookhurst Street, Alameda Avenue and Valley Street. The locations of the proposed driveways will not impede vehicular ingress to or egress from adjacent properties. Furthermore, it has been established previously that a sufficient supply of off-street parking will be providedto meet the forecasted parking demand. Therefore, no stacking onto the public street or blocking adjacent driveways would be expected to occur 6. That the proposed coffee shop restaurant and commercial retail building as conditioned herein would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 9. That the size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimentatto the particular area or to the health and safety. 10; That the traffic generated by the use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the design of the coffee shop and commercial retail center provide adequate access from Brookhurst Street, Alameda Avenue, and Valley Street: 11. 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 and will provide an additional outlet for the purchase of goods and services. 12. That *** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition, CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to permit a new commercial retail center with adrive-through restaurant with waiver of minimum number of parking spaces and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initiatstudy and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW,'THEREFORE;BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That no convenience markets and/or retail sales of alcoholic beverages shall be permitted unless a separate conditional use permit is approved by the Planning Commission. 2. That nd video, electronic or other amusement devices shall be permitted on the premises 3. That all public phones shall be located inside the building. 4. That adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and -2- PC2006- 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. Light fixtures shall be a maximum of 12-feet in height. Said information shall be specifically shown on plans submitted for °' Police Department, Community Services Division approval. 5. That all trash generated from this coffee shop restaurant and commercial retail center shall be properly contained in trash bins located within approved trash enclosures. The number of bins shall be ' adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary'handling and timely removal of refuse from the property. The Community Preservation Division of the Planning Department shall determine the need for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid by the business owner. 6. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 7. That no roof-mounted balloons or other inflatable devices shall be permitted on the property. 8. That no outdoor vending machines shaltbe permitted on the property. 9. That 4-foot high street address numbers shall be displayed on the roof of the building in a color that contrasts with the roof material. The numbers shall not be visible from the streets or adjacent properties. Said information shall be specifically shown on plans submitted for building permits. 10. That there shall be no outdoor storage permitted on the premises. 11. That roof-mounted equipment shall be screened from view in accordance with the requirements of Anaheim Municipal Code Section 18.38.170 pertaining to the C-G (General Commercial) Zone. Said information shall be specifically shown on plans submitted for building permits... 12. That the property shall be permanently maintained in an orderly fashion by the provision of regular landscaping maintenance, removal of trash or debris, ahd removal of graffiti within twenty four (24) hours from time of occurrence. 13. That the number of tenant spaces far this commercial retail center shall be limited to eight (8), including the drive-through restaurant. Said information shall be specifically shown on plans submitted for building permits. 14. That thi; design, size, and placement of the wall signage and monument signage shall be limited to that which is shown on the exhibits submitted by the applicant and approved by the Planning Commission. Final sign plans shall be submitted to the Planning Services Division for review and approval as to placement, design and materials: Any decision by staff may be appealed to the ' Planning Commission as a "Reports and Recommendations" item. 15: That all new backflow equipment shall be located atiove ground and outside of the street setback area in a manner fully screened from all public streets. Arty 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 W ater Engineering Division in either underground vaults or outside of the street setback area ih a manner fully screened from aII publiBstreets and alleys: Said information shall be specifically shown on plans and approved by the Water Engineering Department. 16. 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 _3_ PC2006- 17. That since this project has a landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19 of the Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. ' 18. That all existing water services and fire lines shall conform to current Water Service Standards Specifications. Any water service andlor fire line that does not meet current standards shall be upgraded if 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 service of fire line. 19. That prior to the issuance of a grading permit, the applicant shall submit to the:Public Works Department, Development Services Division for review and approval a Water Quality Management Plan that: • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, .maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. • Incorporates Treatment Control BMPs as defined in DAMP. • Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. • Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs, and describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. 20. That prior td issuance of a certificate of occupancy, the applicant shalL• • Demonstrate that all structural BMPs described in the Project WQMPhave beeh constructed and installed in conformance with approved plans and specifications. • Demonstrate that the applicant is prepared to implemehfall non-structural BMPs described rh the Project WQMP • Demonstrate that an adequate number of copies of the approved Projects WQMP are available onsite. • Submit for review and approval by the City ah Operatioh and Maintenance Plan for all structural BMPs. 21. That gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic in the adjaceht public street. Installation df any gates shall conform to Engineering Standard Plan No. 609 and shall be subject td the review and approval by the Planning Servicesbivision. Said information'shall be specifically shown on plahs submitted for building permits. 22. 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.). 23. That any required relocatioh of Cityelectrical facilities shall be at the developer's expense. 24. That no required parking area shall be fenced of otherwise enclosed for outdoor storage uses. 25. That plans shall be submitted to the Traffic and Transportation manager for his review and approval showing conformance with Engineering Standard No. 115 pertaining to sight distance visibility for the monument sign and wall/fence location. -4- PC2006- 26. That plans shall be submitted to the Planning Services Division for review and approval in conformance with the current version of Engineering Standard Plan Nos. 436, .and 470 pertaining to parking standards and driveway location. Subject property shall thereupon be developed and maintained in conformance with said plans. 27. That the drive-through lane shall be designed to meet the radius standards (minimum 16 feet interior and 26 feet outer radius): Said information shall be specifically shown on plans submitted for building permits. 28. That an on-site trash truck tum around area be provided per Engineering Standard Detail No. 476 and as required by the Maintenance Divisions. Said information shall. be specifically shown on plans submitted for building permits. 29. That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approval 30. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department and in accordance with approved plans on file with said Department 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. 31. That the project shall provide for truck deliveries on-site. Such information shall be specifically shown on plans submitted for building permits. 32. That an Emergency Listing Card, Form ADP-281 shall be completed and submitted in a completed form to the Anaheim Police pepartment. 33. That final elevation plans shall be submitted to the Planning Services Division. Said plans shall be designed td preclude the visibility of interior storage for the individual tenants from Brookhurst Street. Any decision by staff may be appealed to the Planning Commission as a "Reports and Recommendations" item. 34. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices andlor appropriatebuilding materials. Said information shall be specifically shown on the plans submitted for building permits. 35. That a final landscape plan shall be submitted to the Planning Services Division for review and approval. Said plans depict a layered landscape design and shall specify minimum 24-inchbox sized trees, clinging vines along all. perimeter block walls and a minimum four (4) foot wide square (excluding curb) landscaped :area shall be provided at the front end of every five (5) parking spaces. One tree shall be provided in each planter. Any decision by staff maybe appealed to the Planning Commission as a "Reports and Recommendations" item. 36. That the subject property shall be developed substantially in accordance with the plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department Exhibit Nos. 1 through 12, and as conditioned herein.; 37. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 4, 5, 9, 11, 14, 15, 17, 21, 25, 26, 27, 28, 29, 30, 31, 33, 34 and 35 above mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code: _~ PC2006- 38. That prior to issuance of a grading permit, or within a period of one (1) year from the date of this resolution, whichever occurs first; Condition No. 19 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.. 39. That prior to final building and zoning inspections, Condition Nos. 20, 32 and 36, above mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.170 pf the Anaheim Municipal Code. 40. 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 17, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -General"bf the Ahaheim Municipal Code pertaining to appeal procedures and may be7eplaced by a City Council Resolution in the event of an appeal CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss: CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was .passed and adopted at a meeting of the Anaheim Planning Commission held on April 17, 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 -6- PC2006- Attachment -Item No. 4 December 1, 2005 TO: Jessica Nixon, Planning Aide FROM: Timor Rafiq, Rafiq & Associates, Inc.. SUBJECT: First Screencheck review of the Site Plan for a retail center at 500 N. Brookhurst in the City of Anaheim, prepazed by JWDA, dated October 5, 2005 COMMENT 1 Table 2.' The overall pazking supply is short of the Code-required pazking by eight spaces, assuming that the 1,425 building labeled restaurant or retail is evaluated as retail. Land Use SF Pazkin Rate Code-Re aired Parkin Restaurant Coffee Sho 1,700 16/TSF 28 RetailCellulazPhone 1,050 Retail Haircut 1,050 Retail Cleaners . 1,050 RetailUPS.mail 1,050 ' Retail Nail Salon .1,050 RetailClothin Store 1,100 Retail 1,425 Total Retail 7,775 5.5/TSF 43 Total Parkin Re aired 71 Parkin Provided 63. Numbet of spaces short based on City Code 8 COMMENT 2 The plan should label the centerline of N. Brookhurst Street, and whether there is a raised or painted median. This will make it more. clear to the reader, why the signage "Right Turn Only". is placed at the site. exit to Brookhurst. The 60-foot dimension for the ultimate right-of--way is presumably the half-width. COMMENT 3 At the dead-end neaz the 1,100 SF retail building, there is a striped-out tam azound space. Dimension the width of this space. 1f it is less than 12 feet wide, provide afour-foot backing up space beyond the last parking space opposite of the striped-out space, per City Standazd Detail 470. This will enable a vehicle to use the striped-out space for turning azound when all of the spaces aze occupied. Ms. Jessica Nixon Page 2 December 1, 2005 500 N. Brookhurst site review COMMENT 4 Where pazldng spaces aze situated at right angles to each other, if the spaces aze less than three feet apart, to ensure that the bumper overhang does not intrude into the adjacent space, it maybe advisable to provide a wheelstop. One location suggested is in front of the pazl~ng space numbered 9, north east of the 1,425 SF retail building. Further comments may be forthcoming based on the responses to the comments. listed above. These comments were based upon a review of the site plan. If you have further questions, please contact me at (949) 633-5440. Item No. 5 'DU EpCSN M1Er"." s/NT P P`NA STr! Conditional'Use Permit No. 2006-05076 k ~ ;~; Subject Property Tentative Tract Map No. 17040 Date: April 17, 2006 Scale: Graphic Requested By: KWIKSET CORPORATION AND Q.S. No. 94 ANAHEIM REDEVELOPMENT AGENCY 516 East Santa Ana Street - Kwikset Site 10024 zoos Conditional Use Permit No. 2006-05076 Tentative Tract Map No. 17040 Requested By: KWIKSET CORPORATION AND ANAHEIM REDEVELOPMENT AGENCY 516 East Santa Ana Street - Kwikset Site Subject Property Date: April 17, 2006 Scale: Graphic Q.S. No. 94 iooza Staff Report to the Planning Commission April 17, 2006. Item No. 5 5a. (Motion) Sb. (Motion) 5c. (Resolutioh) 5d. ' (Motion) 5e. (Motion) SITE LOCATION AND DESCRIPTION: (1) This rectangularly-shaped 12.6-acre parcel is located at the southeast corner of Santa. Ana Street and Olive Street; with frontages of 695 feet on the south side Santa Ana Street and 790 r feet on the east side of Olive Street (516 East Santa Ana Street - Kwikset site). REQUEST: (2) The petitioner requests approvalof the following: Conditional Use Permit No, 2006-05076 - to construct a 135-unit semi-attached affordable ` single family residentialcondominium project* under the authority of Section Nos.' `'18.06.030.040.0402'and 18.06.160.010 with waiver of the following: SECTION N0. 18.40.060.020 Required improvement of right-of-way. (60-foot wide public right-of-way. required; 52 to 55 feet proposed). o 'Tentative Tract Map No. 17040 - to establish a 10-lot, 135-unit, semi-attached single family residential subdivision.. o Applicant also requests Planning Commission review and recommendation to the Anaheim Redevelopment Agency of conceptuala~chitectu~al plans fora 135-unitsemi-attached single family residential planned unit development: 'Advertised as "with a density bonus and incentives" BACKGROUND: (3) The subject property is currently vacant and'is zoned RM-3 (Multiple Family Residential). The ` property is also' located in the Merged Redevelopment Project Area. The Anaheim General Plah designates this property for Medium and Low-Medium Density Residential land uses: Properties to the north are designated for Low Dehsity Residential land uses; properties to the east (across the'railroad tracks)'ahd south are designated far Medium Density Residential land: uses;'and properties to the west are designated for Low Medium DensityResidehtial land. uses. (4) There are'no previous zoning actions on this property. SR-CUP2006-05076ds Page 1 Staff Report to the Planning Commission. April 17, 2006 Item No. 5 DEVELOPMENT PROPOSAL: (5) The applicant proposes to construct a 135-unit, semi-attached single-family residehtial subdivision. The tentative tract map indicates ari "air space" subdivision that would consist of 10 residential lots. The site plan (Exhibit No. 1) indicates the following: _~ °Develd"ment:S4andards:.~. ~ '-~: ~- `,; E?ro-o"sea~Pro'ect.. ~ ~ ~, 2 .'PINY>3ZorieiStatidards.r Site Area Gross: 12.6 acres (549,050 s.f.) Net: 9.6 acres 419,350 s.f. ~ ' N/A Number of Dwellin Units 135 dwellin units 174 units max. Land Area er Unit 3;106 s.f: 2,400 s.f: er unit min. Lot Covera a 35% 45% max. Recreation/Leisure Area 996 s.f. per unit 134,544 s uare feet total] ~ 350 s.f. per unit (47,250 s.f. total ' Net acreage would exclude the public streets and a portion of a future public park. (6) The site plart and tentative tract map indicate the following setbacks: North (adjacent to Santa 17 feet 15 feet, fully landscaped Ana. Street) West side of Kroe er StreeY 15 feet 15 feet, full landsca ed South (adjacent to Water 10 to 25 feet' < 15 feet;. fullyJandscaped Street East and West sides of 15 feet 15 feet, fully landscaped. rd osed Melrose Street.... West (adjacent to Olive,... 25 feet 20 feet average,. fully landscaped Street) ' Modification to standards is allowed in order to achieve good project design, privacy, livability, and compatibility wim surrounamg uses. (7) The site plan further indicates that the project is designed with 45 individual buildings with 3 units in each building. Buildings are separated by private yards, central landscaped"paseos" which vary from 33 to 46 feet in width, and private drives. Code requires a minimum of 30 feet between the buildings.:: Setbacks of 12 to 46 feet are proposed between buildings: However, code furtherallbws modification to these standards in order to achieve good project design, privacy, livability; and compatibility with surrdunding uses. In the case of this project, these objectiveswill be achieved by the, provision of heavyJandscapjng; articulated: building planes; balconies; and porches; and strategically-located windows which allow for adequate privacy. Page 2 ~ f _ l'V y Y _ ' Q \ ~l 9b- q C. ~ '~r Future ~_ ° -- ,„ Park _-_ WateFStreet _ . .. - - SITE PLAN (8) The floor plans (Exhibit Nos. 4-13) for the attached, townhouse-style units indicate 2-story buildings consisting of a living Yopm, dining room, kitchen, patio, bedrooms, bathrooms, decks, laundry area, oarports, and attached 2-car garages. The unit types are summarized as follows: Page 3 Staff Report to the Planning Commissioh April 17, 2006 Item No. 5 ,~,~< a rooms°. ~,: 451,828 ~ 3 Bed 2.5 Bath'•: 2 45 <_1,939 3 Bed 2.5 Bath' 3 45 :.1,390 2 Bed> S 2 Bath (9) Vehicular access would be provided by Olive Street bn the west and three new public streets (Melrose, Kroeger, and Water Streets). These new public streets are designed to be aligned with the existing public streets in the adjacent naighborhoods'across Olive and Santa Ana, Streets. Overall right`of-way width would be 52 to 55 feet for Water Street and SS feet for Melrose and Kroeger Streets; City standard Detall_No. 160-A requires awidth of 60 feet. (10) The site plan indicates 267 on-site parking `spaces and 117 off-site parking spaces, for a total: of 384 spaces, available within the subdivision. Proposed parking would include 180 enclosed garages, 45 carports; 117 public street spaces (off-site), and 42 private tlrive spaces. Code. requires a total of 371 spaces (ninety 3 bedroom units x 3 spaces/unit = 270 spaces; forty-five 2 bedroom units x2.25lunit spaces = 101 spaces). ' {11) The applicant has submitted the'attached density bonus application requesting a packing incentive pursuant to State Law (Senate Bill 1818). (State Law requires parking incentives tb be grantetl for projects that provide a minimum of ten percentbf the project with affordable units. With respect to parking fob affordable projects, SB 1818. requires 2 spaces for. all 2 and 3 bedroom units within the subdivision. Forty-five units within the development would be affordable fdr persohs and families of moderate income; therefore, the project would quality for the parking reduction permittetlby State Law. Therefore, a total of 270 spaces are ~equi~ed for this project under this State Law provision. (12) The site plan indicates the site would be served with an interior private drive system that would accommodate both'vehicular and pedestrian circulation throughout the'sjte. These private: driveways would 6e improved with a 4-foot wide sidewalk, 8-foot wide parking spaces, ahd a 25-foot vefiicular lane:; for an overall width of 37 feet,` The plan also shows a 0.9 acre "Community Open: Space" area at the south endbf the complex. This area would eventually be combined with additional open space area on a future housing development to the'sduth for a future public park.: (13) A total of 134,544 square feet of recreationalllelsure area would be provided via a combination of private yard areas, private patio areas,'and common greeh areas. Code requires a total of 47,250 square feet which may be provided in anycombinatidn of private or common area. (14) Elevation drawings (Exhibit Nos: 14-25) jndicate a 2-story structure with two separate architectural styles for eacft of the 3-unit townhouse style units.' Four distinct architectural` styles are proposed throughout the development, including Spanish, Monterey, Craftsman, and Colonial: The architecture would include concrete "s" file roofs; asphalt shingle roofs, stucco finished exterior wails,srched treatment around the doorways and windows wrought iron details ancloaing balconies, decorative attic vents, shiplap and shingle siding, and decorative chimneys. Code limits the height ofmultiple-family structures to a maximum bf 3 stories or 40 feet, unless a cohditional use permit allowing greater heights is approved. Submitted plans comply with code requirements., Page 4 Staff Report to the.. Planning Commission April 17, 2006 Item No. 5 (17) CEQA and the CEQA Guidelines establish the type of environmental documentation"which is required when changes to a project occur after an EIR is certified: Section 15164 of the CEQA Guidelines establishes the use of an Addendum as subsequent environmehtal ddcumentation if some changes or additions to a Final EIR are necessary; but none of the conditions described in Section 15162'requiring preparation of a supplemental or subsequent EIR have: occurred. (18) In connection with theproposedprojectactions, an Addendum to the Final EIR has been prepared. The Addendum and'its technical. appendices have been provided to the Planning. Commission and are available for review in the Planning Department. The Addendum analyzes the proposed project actions and'updates the analyses to reflecCcurrent circumstances and technical changes associated witfi the proposed residential use of the subject property in order to determine whether any significant environmental impacts which were not identified in the Final EIR would Yesult or whether previously identified significant impacts would be substantially more severe, The Addendum also includes minor modifications to the Final EIR as well as conditions and measures that are pecific to the proposed project actions and implement certain mitigation measures sefforth in the adopted Mitigation Monitoring Program for the Final EIR, Mitigation Monitoring Plan No. 122 has been prepared to set forth all applicable mitigation measures for the residential development proposed inconnection with Conditional Ilse PermitNo. 2006-05076. (19) As demonstrated by the analysis included in the Final: EIR and Addendum, all environmental 'issues for the proposed projecfactions will not result in new'significanflmpacts or substantial: increases in the severity of previously identified significant impacts; and, therefore, no supplemental or subsequent ehvironmental review is required: Staff review further indicates that the previously-certified Final EIR, with the Addendum' and Mitigation Monitoring. Plan No; 122, are adequate to serveasShe required environmental documentation for the proposed project actions. EVALUATION: (20) The Anaheim General Plan Land Use Element designates this property for Low-Medium Density Residentiet land uses'wittt a density range of O to 18 dwelling units per acre. The petitioner proposes 135 semi-attached single-family condominium dwelling units at a density of 10.7 dwelling units per gross acre. The proposed development would be compatible with the existing residential developments to the north and west and the. existing,industrial (future r< residential) property to the south. (21) Attached single-family residences are permitted in the RM-3 Zone, subject to the approval of a conditional use permit under authority of Code Section 18.06.160 pertaining to residential planned uniGdevelopments. (22) The requested waiver pertains to required improvement of right-of-way. Public Works Standard Detail No,160-A, pertaining to right-of-way design fora 2-lane Interior (residential] street, requires a width of 60'feet. Plansindicate a 52 to 55 foot width for Water Street (52 feet at the entrance ohly) and a 55-foot width foeMelrose and Kroeger Streets: Since these propdsedstreets would be similar in width as tfie existing residentialstreets to the north and west (across Santa Aha and Olive Streets), Public Works Department staff supports the applicant's request fora 52 to 55-foot wide. right-of-way width. to include a 36-foot wide street, 5-foot wide parkways, and 4-foot wide sidewalks. The parkway and sidewalk improvements would be installed by the developer. ........Page 6 Staff Report to the Planning Commission April 17, 2006 Item No. 5 (23) Modification to certain development standards is allowed in order to achieve good project design, privacy, livability, and compatibility with surrounding uses, as outlined in Code Section 18.06.1fi0. The proposed project varies from the Code as provided in this section as outlined ' below. Setbacks abutting Water: 15 feet to ultimate right-of-way .; 10 to 25 feet Street Setbacks between < 30-foot wide separation 10 to 67 feet buildin s re wired (24) The first deviation pertains to setbacks abutting Water Street Code requires a minimum setback of 15 feet and 10 td 25 feet is proposed from the ultimate right-of--way. The site plan shows a 10-foot setback for Building 1 and setbacks of 24 and 25 feet for Buildings 2 and 3. Water Street is a local interior residential street and an average setback of 19.6 feet is proposed for Buildings 1, 2; and 3' combined: Moreover, the front yards would include enhanced architectural facades and landscaping; and only 48 linear feetof Building 1 v/ould encroach into 290 linear feet of the Water Street frontage, resulting in a 16 percent encroachment intb the setback area. Because of the enhanced yard areas/building elevatidns; as well as the negligible'amouht of setback encroachmentialbng Water Street; staff would support this minor deviatibn from Cdde. (25) The second deviation pertains to setbacks between buildings.. Code requires a minimum setback of 30 feet and 12 td 67 feet. is propdsed; An average setbackof 38 feet is proposed for all buildings combined. In addition, the side yards would include landsdaping and a window arrangement tb protect theprivacy of theYesidents: Aitfiough the. setbacks do not comply with Cotle; staff feels tnat the site design; architecturo, landscaping; and window arrangement achieves the intentof this standard; therefore, staff would support this minor deviation from Code. (26) Overall, staff believes the proposed project is compatible with existing and surrounding land uses and that; despite the above-noted deviations from the Code, the proJectmaintains good overall project design. The project is designed to enhance the privacy and livability for residents within and'around the project, and would result in a project that is compatible and cdnsistent w(thsurrounding Jand uses.. Because the proposed use wduld not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed r and because the size and shape of the site for the proposed use is adequate to allow the full. development of the proposed use in a manner not detrimental to the particular area, staff -recommendsa~proval of the requestascdndtioned. FINDINGS: (27) The Planning Commission may grant exemptions from all or any portion of the requirements imposed by Code Sectidn 16.40.060.020 "Dedication of Right-of-Way!. in accordance with the procedures established in Chapter 18.60 (Procedures) for the processing of variances except that the findings set forth in Section 18.74.060 (Findings) df Chapter.18.74 (Variances) shall > not tie required and providad that before any such exemptibn is granted by the Planning Commission, it shall be shdwn that either. (a) There is no reasonable relationship between the need for the required dedication and improvements and the type of development project on which such requirements are imposed; or .....Page 7 Staff Report to the Planning Commission April 17, 2006 Item No. 5 (b) The cost of the required dedication and improvements unreasonably exceeds the ', burden or impact created by the development project. As indicated in paragraph no. (22) above, the Public Works Department is supportive of the. applicant's request to partiallywaive the dedication ofright-of--way requirements do the basis that the proposed'streets would be similar in width as the existing residential streets to the north and west. Tfierefore, there is no reasonable relationship between'tfie need for the required tledication and the traffic Impacts assdciated with the proposetl project. (28) Before the Planning Commissioh grants any conditional use permit, it must make a finding of fact that the evidence presented shows that allot the. following contlitidns exist: (a) That the proposed use is properlq one for which a cdnditional use permit is authorized by the Zoning Code, or is an unlisted use as de£ned in Subsection .D30 (Unlisted Uses Permitted) of Section 16.66:040 (Approval Authority); (b) That the proposed use will not adverselyaffect the adjoining land uses or the growth ahd' development of ttte 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 developmentofthe proposed use in a manner notdetrimental 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 ahtl highways designed and improved to carry the traffic in the+area; and (e) That the granting of the conditidhat use permit under the conditions imposed, if any,: will not be detrimehtal to the health' and safety of the citizens of the City of Ahaheim: (29) The State Subdivision Map Act (Government Code, Section 66473.5) makes it mandatory to include in alt motions approving, or recommending approval of a tract map, a specific finding that the proposed Subdivision together with' its designand improvement is consistent with the Cftys General Plan. Further, the law requires that the Commission make any of the following findings when denyingbrYecommending denialbf atract map: ' 1: That the proposed map is not cdnsistenfwith' applicable General and Specific Plans: 2 Thatthe design or improvementof the proposed subdivision is not eonsistent with applicable General and Specific Plans: 3: Thatthe site is notphysically suitable for the type of development. 4, That the site is not physically suitable for the proposed density bf development. 5. Tftat the design of the subdivision' or the proposed improvemehts 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 td cause seridus public health problems. Page 8 Staff Report to the Planning Commission April 17, 2006 Item No. 5 Z That the design of the subdivision or the type of improvements will conflict with easements, acquired by the putilic at large, for access through or use of property within the proposed subdivision. RECOMMENDATION: (30) 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 Planning Commission take the following actions: (a) By motion, determine that the Addendum to previously-certified EIR No. 330 and Mitigation Monitoring Plan No. 122 are adequate to serve as the appropriate environmental documentation for this request. (b) By motion, approve a waiver of required improvement of right-of-way because there is no reasonable relationship between the need for the full required dedication and the improvements and the traffic impacts assopiated with the proposed project:. (c) By resolution, approve Conditional Use Permit No: 2006-05076 by adopting the attached resolution including the findings and conditions contained herein. {d)' By motion, approve Tentative Tract Map No. 17040 by approving the attached tract map excerpt including the findings and conditions contained herein. (e) By motion, recommend to the Anaheim Redevelopment Agency approval of conceptual architectural plans fora 135 unit semi-attached single family residential planned unit development. :.....Page g [®~~,~~, RESOLUTION NO. PC2006--*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05076 BE GRANTED (516 EAST SANTA ANA STREET) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit to construct a 135-unit semi-attached affordable single family residential condominium project for certain real property situated in the City of Anaheim, County of Orange, State of California, described. as: That certain parcel of land situated in the City of Anaheim, County of Orange, Slate of California, being that portion of Block "A", Kraeger Street, Water Alley and Water Street as shown on the Re-Subdivision of Theodore Reiser's Subdivision of Vineyard Lot G-2, filed in Book 1, Pages 10 attd 11 of Miscellaneous Maps in the Office of the County Recorder of said Orange County, lying within a strip of land of variable width, the reference line of which is described as follows: CONIlI~YENCING at the 6enterline intersection of Olive Street with Santa Ana Street as shown on Parcel Map No. 85-364, filed in Book 210, Pages 37 and 38 of Parcel Iviaps in the Offce of 4he County Recorder of said Orange County; thence along the centerline of Santa Ana Street. as shown on said Parcel Map North 74° 18'42" East 355.04 feet to the centerline of Melrose Street as shocvn on Parcel Map No. 57-297, &led in Book 230, Pages 22 and 23 of Parce3 Maps in said Office of the County Recorder, said point hereinafter referred to as Point "A", thence continuing along said centerline North 74°18'42" East 334.72 feet to the T1(idJE POINT O1F BF.G11v1VIA'G; thence parallel with the centerline of Olive Street as shown on said Parcel Map No. 85-364 South 15°32'33" East 733.$] feet to the intersectiou with a line parallel with and 92.50 feet northerly of the northerly boundary line of said Parcel Map No. 85-364; said intersection being hereinafter referred to as Point "B"; thence along said parallel line South 74°21'04" West 334:72 feet to the intersectjon with a line which is parallel with said centerline of Olive Street and passes tlurough the herein above reference Point "A", said intersection being hereinafter referred to as Point "C' ; thence along said last parallel line North 15°32'33" West 733.58 feet to said Point "A". .Said strip of land steal] be 55A0 feet wide, lying 27.50 feet easterly and westerly of said reference line, between the TRUE POINT OF BEGINNING and Point "B' ; 120.00 feet ~t~ide, lying 27.50 feet northerly and 92.50 feet southerly of said reference line, between Points `B" and "C' ; and 55.00 feet wide, lying 27.50 feet easterly and westerly of said reference line, between Points "C" and "A" EZCEPTING THEREFROM that portion of land lying nodhcrly of a line parallel with and Cr\PC2006.0 -1- PC2006- 34.75 feet southerly of said centerline of Santa Ana Street. That certain parcel of land situated iu the City of Anaheim, County of Orange, State of California, being that portion of Block "A", hroeger Street and Water Alley as shown on the Re-Subdivision of Theodore Reiser's Subdi~~sion of Vineyard Lot G-?, filed in Book l ,Pages 10 and I 1 of Miscellaneous Maps in the Office of the County Recorder of said Orange County, described as follows: COM217ENCING at the centerline intersection of Olive Street with Santa Ana Street as shown on Parcel Map No. 85-3G4, filed in Book 210, Pages 37 and 38 of Parcel Maps in the Office of the County Recorder of said Orange County; thence along the centerline of Santa Ana Street as sha~vn on said Parcel Map North 74°18'42" East 3SSA4 feet to the centerline ofIvlelrose Street. as shown on Parcel Map No. 87-297, filed in Book 230, Pages 22 and 23 of Parcel Maps in said Office of the County Recorder; said point being the TRUE POINT OF BEGINr`IING; thence continuing along said centerline North 74°18'42" East 334.72 feet; thence parallel with the centerline of Olive SU•eet as sho~~~n on said Parcel Map No. 85-364 South 15°32'33" East 733.81 feet to the intersection of a line parallel with and 92..50 feet northerly of the northerly boundary line of Parcel Map No. 85-364; thence along said parallel line South 74°31'04" West 334.72 feet to the intersection with a line which zs parallel «~th said centerline of Olive Street and passes tluougl3 said TRUE POINT OF BEGINNING; thence along said last parallel line North I5°32'33" West 733..53 feet to the TRUE POINT ~F BEGINNiNG. EXCEPTIPIG TIIIEREFROAi the northerly 34-75 feet, easterly 27.50 feet, southerly 27.30 feet, and westerly 27.SD feet of the above described land, -2- PC2006- That certain parcel of land situated in the City of Anaheim, County of Orange, State of Califontia, bein; that portion of Block "A" as shown on the Re-Subdivision of Theodore Reiser's Subdivision of Vineyard Lot G-2, flied in Book 1, Pages 10 and 1 T of Miscellaneous Maps in the Office of the County Recorder of said Orange County, described as follows:, BEGINNING at the centerline intersection of Olive Street with Santa Ana Street as shown om Parcel Map No. 85-364, filed in Book Z10, Pages 37 and 38 of Parcel Maps in the Office of the Cotmty Recorder of said Orange County; thence along the centerline of Santa Ana Street as shown on said Parcel Map North 74° 18'42" East 355:04 feet to the centerline Melrose Street as shown on Parcel Map No. 87-297, filed in Book 230, Pages 22 and 23 of Parcel Maps in said Office of the County Recorder; thence Parallel wrath the centerline of Olive Street as shoxm on said Parcel Map No. 85-364 South 15°32'33" Bast 825.0$ feet to a point on the northerly of said Parcel Map No. 85-364, thence along said northerly boundary line and its westerly prolongation South 74°21'04" West 355.04 feet to said centerline of Olive Street; thence along said centerline of Olive Street North 15°32'33" West 825.84 feet to the POINT OF BEGII\'NING. EXCEPTING THEREFROR~I the"northerly 34.75 feet,. easterly 27.50 feet, southerly 30.00 feet, and westerly 34.75 feat of the abo4~e described land.. That certain parcel of land situated in the Ciry of Anaheim, County of Orange, State of California, located within that portion of Block "A" and Water Ailey as shown on the Re- Subdivision of Theodore Reiser's Subdivision of Vineyard Lot G-2, filed in Book: 1, Pages 10 and 11 of Miscellaneous Maps in the Office of the County Recorder of said Orange County, being the southerly 30.00 feet of that parcel of land more garkicularly described as follows: BEGINNING at the centerline intersection of Olive Street with Santa Ana Street as shoHm on Parcel Map No. 85-364, filed in Book 210, Pages 37 and 38 of Parcel Maps in the Office of the County Recorder of said Orange County; ffience along the centerline of Santa Ana Streei as shown on said Parcel Map North 74°1:8'42" East 355.04 feet to the centerline of Melrose Street as shown on Parcel Map I~7o. 37-297, filed in Book 23Q, Pages 22 and 23 of Parcel Maps in said Office of the Cotmty Recorder; thence patallcl with the centerline of Olive Street as shown on said Parcel Map No. 85-364 South 15°32'33" East 826.08 feet to a point on the northerly boundary line of said Parcel Map No. 85-364; thence along said northerly boundary and its westerly prolongation South 74°21'04" West 355.04 feet to said centerline of Olive Street; thence along said centerline of Olive Street Not~th 15°32'33" West 525.84 feet to the POINT OF BEGINNING. EXCEPTING Tl':IERE11±~20M the easterly 27.50 feet and westerly 3d.95 feet of the above described land. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 17, 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 _3_ PC2006- WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find "" and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.06.030.040.0402 and 18.06.160.010 with waiver of , {a) SECTION NO. 18.40.060.020 Reouired improvement of rioht-of-wav. 60-foot wide public right-of-way required; 52 to 55 feet proposed). 2. That the waiver of required improvement of right-of-way is hereby approved on the basis that the proposed streets would connect to and be similar in width to the existing street grid; therefore, there is no reasonable relationship between the need for the full required dedication and the improvements and the traffic impacts associated with the proposed project. 3. That the proposed project is compatible with existing and surrounding land uses and maintains good overall project design. 4. That the project would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed because the site plan is well designed with adequate setbacks to the street and within the development. 5. That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area. 6 That the granting of this conditional use permit under the conditions imposed, would not be detrimental to the health and safety of the citizens of the City of Anaheim. 7. That"' indicated their presence at Bald public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That as demonstrated by the analysis included in the Final Environmental Impact Report No. 330 EIR (Final EIR) and Addendum, the proposed project actions will not result in new significant impacts or substantial increases in the severity of previously identified significant impacts; and, therefore, no supplemental or subsequent environmental review is required. The Planning Commission hereby determines that the previously-certified Final EIR with the Addendum and Mitigation Monitoring Plan No. 122, are adequate td serve as the required environmental documentation for the proposed project actions in connection with Conditional Use Permit No. 2006-05076. NOW, THEREFORE, BE iT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditiohs which ere hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the City of Anaheim Sewer Impact Mitigation fee for the Old Town Basin 8 Area shall be paid. 2. That all existing driveway approaches on Olive Street and Sahta Ana Street shall be remdved and replaced with curb, gutter, parkway landscaping, and sidewalk. A Right-of-Way Construction Permit shall be obtained from the Public Works Department. 3. That the private streets within the development shall be privately maintained. On-street parking shall be allowed only in designated. parking stalls. The grading and street improvement plans shall either include no parking signs or red curbs to identify the parking restrictions at locations specked by the Public Works Department ,q_ PC2006- 4. That the applicant shall submit to the Public Works Department Development Services Division for review and approval a Water Quality Management Plan that: • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced-or "zero discharge" areas, and conserving natural areas. • Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan: • Incorporates Treatment Control BMPs as defined in the DAMP. • Describes the long-term operation and maintenance requirements for the Treatment Cdntrol BMPs. • Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs, and • Describes the mechanism for funding the Tong-term operation and maintenance of the Treatment Control BMPs. 5. That the applicant shall • Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the applicant is prepared to implemenf all non-structural BMPs described in the Project W QMP: • bemonstrate that an adequate number of cdpies of the approved Project WQMP are available onsite. Submit for review and approval by tfte City an Operation and Maintenance Plan for all structural BMPs. 6. That all driveways shall be constructed with ten (10) foot radius curb retumsas required by the City Engineer in conformance with Engineering Standard No. 115. Said information shall be specifically shown on plans submitted for building permits. 7. That gates shall not tie installed across the driveway in a manner which may adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan No. 475 and shall be subject to the review and approval of the Planning Services Divisioh prior to issuance of a building permit 8. That plans shall be submitted td the City Traffic and Transportation Manager for hisreview and approval in conformance with the Engineering Standard No. 115 pertaining td sight distance visibility for the sign or wall/fence locations. 9, That plans shall be submitted to the Planning Services Division for review and approval showing.. conformance with the currentbersion of Engineering Standard Plan Nos. 436 and 470 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 10. That no required parking area shall be fenced or otherwise enclosed for storage uses: 11. That no compact parking spaces shall be permitted. 12. That an on-site trash truck tum around area shall be provided per Engineering Standard Detail No: 476 and shown on plans as requiredby the Department of Public Works, Sanitation Division. Said information shall be specfcally shown on plans submitted for building permits. 13. That trash storage areas shal(be provided and maintained in a location acceptable td the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file witttsaid Department. Said storage areas shall be designed, located and screened so as not to be readily ident~able from adjacent streets or highways. The walls of the storage areas shall be protected from _5_ PC2006- graffiti opportunities by the use of plant materials such as minimum 1-gallon size clinging vines planted on maximum 3-foot centers or tall shrubbery. Said information shall be spec~cally shown on the plans. submitted for building permits. '" 14. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approval 15. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments. 16. That all requests for new water services dr fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities Department. 17. Thafall existing water services and fire lines shaltconform to current Water Services Standards Specifications. Any water service antllor fire line that fides hot meet current standards sfiall be upgraded if continued use is necessary or abandoned if the existing service is ho longer needed: The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 18. That all backfiow equipment shall be located above ground outside of the front setback area in a manner fully screened from all public streets and alleys. Any backflow assemblies currently installed in a vault shall'be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division outside of the front setback area in a manner fully screened from all public street and alleys.. Said nfonnatidn shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector: 19. That since this project has landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed and comply with City Ordinance tJo. 5349 and Chapter 10.19 of Anaheim Municipal Code. Said information shall be specifically shown do plans submitted for building permits. 20. That prior to submitting water improvement plans, the developer shall submit a water system master plan, including a.hydraulic distribution network analysis, for Public Utilities Water Engineering review and approval.: The master plan shall demonsUate the adequacy of the proposed on-site water system to meet the project's water demand and fire protection requirements. 21. That water improvement plans in areas not covered under the Cooperation Agreement between the City of Anaheim and the Anaheim Redevelopment Agency shall be submitted to the Water Engineering Division for approval and a pertormance bond in the amount approved by the City Engineer and in a form approved by;he City Attorney shall be posteo with the City of Anaheim. 22. That prior to rendering water service, the developer shall submit a set of improvement plans for Public Utilities Water Engineering review'and approval in determining the conditions necessary for providing water service to the project. 23. That prior to application for water meters, fire line or submitting the water improvement plans for approval, the developer/owner shall submit to the Public Utilities Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project: This information will be used to determine the adequacy of the existing water system 4o provide the estimated water demands. Any ofF-site water system improvements required to serve the project shall occur in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations: 24. That the property owner/developer shaif install street lights on the public streets in areas not covered underthe Cooperation Agreement between the City of Anaheim and the Anaheim Redevelopment Agency -6- PC2006- as required by the Electrical Engineering Division. A bond for the installation of the street lights shalt be posted with the City of Anaheim. The street lights shall be installed prior to occupancy. 25. That the property owner/developer shall provide the City of Anaheim with a public utilities easement to be determined as electrical design is completed. 26. That any required relocation of City electrical facilities in areas not covered under the Cooperation Agreement between the City of Anaheim and the Anaheim Redevelopment Agency shall be at the developer's expense. Landscape and/or hardscape screening of all pad mounted equipment shall be required and shall be shown on plans submitted for building permits.. 27. That the entire properly shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 28. 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. 29. That if required by the Urban Forestry Division of the Community Services Department, street trees shall be installed, by the property owner, within the public rights-of-way adjacent to Santa Ana Street, Olive Street, Kroeger Street, and Melrose Street. The size, type and number of trees shall be provided to the satisfaction of the Urban Forestry Division of the Community Services Department. Said information shall be specfcally shown on plans submitted for building permits. 30. That all air conditioning apparatus and other roof and ground-mounted equipment shall be properly shielded from view and the sound buffered from adjacent residential properties and the public right-of-way. Such. information shall be specifically shown cn the plans submitted for building permits. 31. That all dwelling units shall be assighed street addresses, and all public and private streets shall be assigned street names, by the Planning Department 32. That the applicantshall agree to construct, operate and maintain the Affordable Units to accordance with a written "Affordability Agreement" between the applicant and the City, in a form acceptable to the City Attorney and Community Development Department, duty executed and acknowledged by the applicant and the City, and recorded against the subject property in the official records of Orange County, California. The Affordable Units shall be subject to the requirements of the Affordability Agreement for a period of fifty-five (55) years, beginning on the date a certificate of occupancy is granted for the Affordable Units. 33. That final building elevation plans shall be submitted to the Planning Department for review and approval. Any decision made by the Planning and Community Development Departments regarding said plan may be appealed to the Planning Commission as a Reports and Recommendations item. Such information shall be spec~cally shown on the plans submitted for building permits. 34. That final landscape and fencing plans for the subject property shall be submitted to the Planning Department for review and approval. Said plans shall show minimum 24-inch box size trees, shrubs, groundcover, and clinging vines to be planted in layers. The landscape material selected shall be appropriate to the width of either the parkway or the planter area. Anydecision made by the Planning and Community Development Departments regarding said plan may be appealed to the Planning Commission. All trees shall be properly and professionally maintained by the property owner to ensure mature, healthy growth. Such information shall be specifically shown on the plans submitted for building permits. 35. That subject property shall be developed substantially in accordance with plans and spec cations submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 31, and as conditioned herein. 7_ PC2006- 36. 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, 4, 5, 6, 7, 8, 9, 12, 13, 14, 15, 18, 19, 20, 21, 23, 24, , 25, 26, 29, 30, 31, 33 and 34, above-mentioned, shall be complied with. Extensions for further time to complete said conditions maybe granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 37. That prior to final building and zoning inspections, Condition Nos. 2, 24 and 32, above-mentioned, shall be complied with: 38. 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 17, 2006. Said resolution is subject to tfie appeal provisions set forth in Chapter 18.60; "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on April 17, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: NOESi COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF 1 have hereunto set my hand this day of -~ 2006.. SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION -8- PC2006- City of Anaheim ~LAl~iI~~I~tG ~~~AR'~'1l~El~i'~' wwwanaheim.nei April 17, 2006 Voit Anaheim Business 21530 Oxnard Street, # B Woodland Hills, CA 91367 Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of April 17, 2006. 5a. CEQA ADDENDUM TO EIR NO. 330 5b. WAIVER OF CODE REQUIREMENT 5c. CONDITIONAL USE PERMIT NO. 2006-05076 5d. TENTATIVE TRACT MAP NO. 17040 Owner: Voit Anaheim Business, 21530 Oxnard Street, # B, Woodland Hllis, CA 91367....: Anaheim Redevelopment Agency, 201 South Anaheim Boulevard, Suite 1003, Anaheim, CA 92605 wl se sr e): Conditional Use Permit No. 2006-05076- Request to construct a 135 unit semi- attached affordable single-family residential condominium project with waiver of required improvement of right-of-way.: Agent: Celena Chen, John Laing Homes, 3121 Michelson Drive, Suite 200, Irvine, CA 92612 Location: 516 East Santa Ana Street: This rectangularly-shaped 12.6-acre parcel is located at the southeast corner of Santa Ana Street and Olive Street, with frontages of 695 feet on the south side Santa Ana Street and 790 feet on the east side of Olive Street (516 East Santa Ana Street - K'k t 't 'Advertisedas "with density bonus and Incentives". Tentative Tract Map No. 17040 - To establish a 10-lof, 135-unit semi-attached single- . family residential subdivision. ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission has reviewed the proposal to construct a 135-unit semi-attached affordable single family residential condominium project and does hereby approve the Addendum to previously-certified EIR No. 330 and Mitigation Monitoring Plan No. 122 upon finding that this serves as adequate environmental documentation for this request for Tentative Tract Map No. 17040 to establish a 10-lot, 135- unitsemi-attached single-family residential subdivision. Aproject-specific Initial Study has been prepared and .additional environmental review and mitigation has been provided as needed pursuant to the procedures outlined for subsequent projects under a Program EIR. Commissioner Xm(offered 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. 17040, to establish a10-lot, 135- unit semi-attached single-family residential subdivision subject to the following conditions: 200 South Anaheim Boulevard P.0. Box 3222 Anaheim, California 42803 TEL (714) 765-5139 1. That the final map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder (Subdivision Map Act, Section 66499.40). 2. That the legal property owner shall execute a Subdivision Agreement, in a form approved by the City Attorney, to complete the required public improvements in areas not covered under the Cooperation Agreement between the City of Anaheim and the Anaheim Redevelopment Agency at the legal property owner's expense. Said agreement shall be submitted tp the Public Works Department, Subdivision Section approved by the City Attorney and City Engineer and then recorded concurrently with the final tract map. 3. That vehicular access rights to Olive Street, Santa Ana Street, and Water Street (except at street openings) shall be released and relinquished to the City of Anaheim. 4. That sanitary sewer and stgrm drains for this development shall be privately maintained except the mainline sewer and storm drain within the public streets. Improvement plans for the sanitary sewer, and private drainage system shall be submitted to the Public Works Department, Development Services Division concurrently with the final map. 5. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim (Water Engineering Division) an easement twenty (20) feet in width for water service mains andlor an easement for large meters and other public water facilities. 6. That prior to final m8p 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 concurzently with the final map. 7: That approval of this tract map is granted subject to the approval of Conditional Use Permit No. 2006-05076, now pending.- 8. That CC&R's recorded on the property shall include provisions requiring that garages be maintained for vehicle parking in compliance with code. 9. That prior to final tract map approval, Condition Nos. 2; 3, 4, 5, 6 and 8; 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 td compliance or approval of the request regarding ariy other applicable ordinance, regulation or requirement: Sincerely, ' Eleanor Morris, Senior Sedretary Anaheim Planning Commission TTM 17040_ExcerpN 4 CN,,N EIM E^C T 0 0 M 2 o > ,~ ~°NDE° `g5 ~1<~ ®~ f~~~i~1flT& To: Dave See, Planner From: Abel Avalos, Project Manager Cc: Saza Pashalides, Project Manager Date: April 11, 2006 Attachment -Item No. 5 RE: Kwikset Development: Certification of Affordability Anaheim Redevelopment Agency ("Agency's staff has been working with John Laing Homes ("Laing' to develop a site plan for a portion of the property located at 516 E. Santa Ana Street (APN 037-123-08). As proposed, the development will consist of high-quality residential development with 135 for-sale homes. Staff is in the process of approving a Disposition and Development Agreement ("DDA'~ between the Agency and Laing. Under the terms of the DDA, forty- five (45) of the homes would be required to be affordable and sold to moderate income households. A Moderate income household means a household that earns not more than 120% of the Orange County median income. In addition, the Agency will provide financial assistance for income-qualified homebuyers. Laing's obligation under the DDA will be to obtain all necessary entitlements and construction financing, construct the units, and carry out the mazketing and sale of the homes. The forty-five affordable homes must be sold to moderate income-qualified households (see attached schedule). Laing will also offer preference to Anaheim residents and persons employed in Anaheim to qualify for homes prior to a general public release. 1f you have any questions, or need additional information, please call me at (714) 765-5238. Laing (Kwikset): Affordable Housing Cost by Home Number of Homes . Squaze Footage Number of Bedrooms Sales Price 120%ofMedian* 45 1,383 2 $399,000 * Includes 45 yeaz Affordable Housing Restrictive Covenant. IA RwikvG Crl6olinn a[A(fordehi°tyD°C PETITIONER'S STATEMENT OF Attachment -Item No. 5 JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: I~e~FO. DAD- DyD (A separate statement i required for ea h Code waiver) t I / PERTAINING TO: ~-/~~ ~ i Vrz~ ~dln orDUPwi2ti~t' n~ ~lq fn-F of l~~/ Sections 15.03.p40.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other properly under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. 1. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? X Yes _ No. ,~~ ~~D If your ensvv~~er is "Yesi" describe the special circumstances: ITt~ hP/I~hb(SYh6GY~, IS Ci7YtS15~CYit Wi IVY SIA{'I'DUh~tl'ha nelo~,,rn'haods . -tWc 2l~iSti n~ strnpt- tNfd-tl1 is _5s%_aY~t tl^-e Ile l-/ si~re~et-c f.~~vidr l will by crntsrstr.n~t- wt ,2ncl~+,ttia sh^ePfi vt/1 d--i-8. 2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the same zone as your property? kYes _ No answer is "ves "describe how the property is different: ~A VuLI'?'i1'~kt~'l~~ I`S 3. Do the special circumstances applicable to the.property deprive it of privileges currently enjoyed by neighbodng properties located within the same zone? Yes _No If your answer'rf "yes "describe the 4. The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone which is not otherwise expressly authorized by zone regulations governing subject property. Use yari'~ir,~s argot permitted. . Signature of Property Owner or Authodzed Agent Dhte CONDITIONAL USE PERMITNARIANCE NO. DECEMBER 12, 2000 Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? ~ Yes _ No Attachment -Item No. 5 February 28, 2006 Abel Avalon Community Development Department Redevelopment Agency 201 S. Anaheim Boulevazd, Suite T003 Anaheim, CA 92805 Re: Kwikset-Density BonusApplicatian Dear Abel: John Laing Homes proposes to develop 135 single-family attached units at the southeast comer of Santa Ana Street and Olive Street (516 E. Santa Ana Street, APN 037-123-08) in the City of Anaheim. The project site is zoned RM-3, and the general plan land use designation is Medium and Low-Medium Residential. The purpose of this letter is to request a parking incentive for the Kwikset project pursuant to Senate Bil] l 8l 8. John Laing Homes will provide at ]east 10 percent of the units as affordable to persons and families of moderate income. As a result, the project is eligible for an incentive under SB 181&. The proposed site plan includes a total of 429 pazking spaces. Of this total, 301 are on-site pazking spaces (225 gazage spaces, 45 carports, and 31 open spaces along interior streets) and l28 are off-site parking spaces. Pursuant to Sections 18.42.030.030 and ] 8.42.030.020 of the Anaheim Zoning Code, the required number of pazking spaces for this project is 371. Required Parking Spaces for Attached Single-Family Dwellings Anaheim Zonin Code, Sections 18.42.030.030 and 1!;.42.030.020 Type off Unit Plumber of Bedrooms Min. Parking . S aces Per Unit . Plumber of ' Units Total Parking S aces Carria e 2 2.25 45 . 101.25 Plan 1 3 3.0 45 135 PIan2 3 3.0 45 ]35 371.25 3121 Michelson Drive Stire 200 Irvine, CA 92612-7672 tel 949J176-9090 6x 949-476.9a9a www.johnlainghomes.com John Laing Homes requests a parking incentive under 5B 1818, which permits the City to require no more than two on-site parking spaces for 2- and 3-bedroom units. Based on these requirements, the required number of parking spaces is 270. The proposed site plan, which provides 301 on-site pazking spaces, meets and exceeds the on- site vehicular parking ratios permitted under SB 1818. Required Parking Spaces for Attached Sfngle-Family IDwellings SB 1i11S Type off Unit Plumber off Bedrooms IViin. Parking Spaces Per Unit Number of Units Total Parking S aces Carria e 2 2 45 90 Plan ] 3 2 45 90 Plan 2 3 2 45 ' 90 270 Please contact me at (949) 265-6803 if you have any questions or need additional information. Very truly youzs, Celena Chen Enclosure: Affordable Housing Application cc: Andy Nogal, Redevelopment Agency Saza Pashalides, Redevelopment Agency Debra Pember, John Laing Homes David See, City of Anaheim Planning Department