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PC 2006/09/18~ >; ~- rte.. ~ 1 ISSI onday, September 18, 2006 Council Chamber, City Hall. 200 South Anaheim Boulevard, Anaheim, California • Chairman: Gail Eastman • Chairman Pro-Tempore: Kelly Buffa • Commissioners: Stephen Faessel, Cecilia Flores,. Joseph Karaki, Panky Romero, Pat Velasquez • Calf To Order • Tour of Anaheim Projects 10:00 A.M. • Preliminary Plan Review 1:00 P.M. • Staff update to Commission on various City developments and issues (As requested by Planning Commission) • Preliminary Plan Review for items on the September 18, 2006 agenda • Recess To Afternoon Public Hearing Session • Reconvene To Public Hearing 2:30 P.iVI. the secretaN. • Pledge Of Allegiance • Public Comments • Consent Calendar • Public Hearing Items • Adjournment You may leave a message far the Planning Commission using the following e-mail address: planningcommission(a~anaheim.net H:\docs\clerical\agendas\091806.doc (09/18/06) Page 1 Anaheim Planning Commission Agenda - 2:30 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim Planning Commission or public comments on agenda items with. the exception of public hearing items. Planning Commission Appointments:. Request For Consideration Of Potential Appointment Of Planning Commission Alternate For The Following: 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 andlor removed from the Consent Calendar for separate action.. Min 1A. Receiving and approving the Minutes from the Planning Commission Meeting of September 6, 2006. (Motion) H:\docs\clerical\agendas\091806.doc (09/18/06) Page 2 Public Hearing Items: 2a. CEOA CATEGORICAL EXEMPTION -CLASS 3 Request for a 2b. WAIVER OF CODE REQUIREMENT Continuance for 2c. CONDITIONAL USE PERMIT NO. 2006-05107 October 30,2006 Owner: Bruno Serato, Ganlaon, Inc., 867 South Anaheim Boulevard, Anaheim, CA 92805 Agent: Sylvano Serato, Anaheim White House Restaurant, 887 South Anaheim Boulevard, Anaheim, CA 92805 Location: 887 South Anaheim Boulevard: Property is approximately 0.82-acre, having frontages of 106 feet on the west side of Anaheim Boulevard and is located 132 feet south of the centerline of Midway Manor (Anaheim White House Restaurant). Request to erect a permanent canopy within the street setback of an existing restaurant with waiver of minimum structural and landscape setback. Pmject Planner. Continued from the. June 26, 200fi, Planning Commission meeting. (inixonQanaheim.net) Conditional Use Permit Resolution No. 3a. CEQA NEGATIVE DECLARATION Request for Withdrawal 3b. WAIVER OF CODE REQUIREMENT 3c. CONDITIONAL USE PERMIT NO. 2006.05083 Owner: Guillermo M. Aguirre, 415 North Sunkist Street, Anaheim, CA 92806 Agent: Rob Perez, Parsons, 1:9752 MacArthur Boulevard, Suite 240, Irvine, CA 92612 Location, 1920 East Center Street: Property is approximately 0.37- acre, having a frontage of approximately 114 feet on the south side of Center Street and is located approximately 345 feet west of the centerline of State College Boulevard. Request to permit a telecommunications antenna (disguised as a pine tree) with accessory ground-mounted equipment with waiver of maximum permitted fence height. Continued from the May 15, June 12, July 10, and August 7,.2006, Planning Pmject Planner. - Commission meetings. (dherrickQanaheim.net) Conditional Use Permit Resolution No. H:ldots\clericallagendas\091806.doc (09/18/06) Page 3 4a. CEQA NEGATIVE DECLARATION 4b WAIVER OF CODE REQUIREMENT 4c. CONDITIONAL USE PERMIT NO. 2006-05119 Owner: Donald G. Strenk, BP West Coast Products, 4 Centerpointe Drive, La Palma, CA 90623-1066 Agent: Tim Saivar, TW Layman Associates, 16633 Ventura Boulevard, # 1320, Encino, CA 91436 Location: 700 South State College Boulevard: Property is approximately 0.46-acre and is located: at the southeast corner of State College Boulevard and South Street. Request to construct a four (4) unit commercial retail center with waiver of minimum landscape and structural setback. Continued from the August 21, and September 6, 2006, Planning Commission meetings. Project Planner. QpramirezQanaheim.net) Conditional Use Permit Resolution. No. 5a. CEQA CATEGORICAL EXEMPTION -CLASS 1 5b. CONDITIONAL USE PERMIT NO. 2006-05124 Owner: Mennen Industries, Inc., 3520-B Cadillac Avenue, Costa Mesa, CA 92626 Agent: Kwang S. Lee, 7601 Commonwealth Avenue, Buena Park, CA 90621 Location: 2037 East Ball Road: Property is approximately 3.1 acres, having frontages of approximately 555 feet on the north side of Ball Road and is located approximately 41:5 feet east of the centerline of State College Boulevard (Puddles Car Wash). Request to expand an existing carwash to permit an oil change facility. Pivject Planner. (dherdckQanaheim.net) Conditional. Use Permit Resolution No. H:\docs\clerical\agendas\091806.doc (09/18106) Page 4 6a. CEQA NEGATIVE DECLARATION. 6b. CONDITIONAL USE PERMIT NO. 2006-05125 Owner: E. Rosewater LLC and First Anaheim Hilis Properties, L.P., 500 South Anaheim Hills Road, Anaheim, CA 92807 Agent: Barbara Saito, Sprint-Nextel, 310 Commerce, #10, Irvine, CA 92620 Location: 500 South Anaheim Hills Road; Property is approximately 5.4 acres, and is located at the southeast corner of Anaheim Hills Road and Nohl Ranch Road. Request to permit a stealth building-mounted telecommunications facility in excess of the maximum permitted height in the Scenic Corridor (SC) Overlay Zone. Conditional Use Permit Resolution No. - Project Planner. (kwong2Qanaheim.oet) 7a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) 7b. CONDITIONAL USE PERMR NO. 2006.05127 Owner: Caivada Development Inc.,. Shahraz Danesh, 26996 La Paz Road, Aliso Viejo, CA 92656 Agent: Ed Perez, EP Development, 201 East Broadway, Anaheim, CA 92805 Location: 1131 West Lincoln Avenue: Property is approximately 0.39-acre and is located at the northeast corner of Lincoln Avenue and Carleton Avenue. Request to permit a veterinary clinic within a previously-approved commercial center. Project Planner. (jpramin=zQanaheim.net) Conditional Use Permit Resolution No. H:\dots\clerical\agendas\091806.doc (09I18I06) Page 5 8a. CEQA NEGATIVE DECLARATION Request for a 8b. WAIVER OF CODE REQUIREMENT Continuance to 8c. CONDITIONAL USE PERMIT NO. 2006.05126 October 16, 2006 Sd. TENTATIVE TRACT MAP NO. 17092 Owner: Sunrise Fountains Apartments, LLC, 1380 South Anaheim Boulevard, Anaheim, CA 92805 Agent: David Nix, Newport Capital Advisors, 1400 Quail Street, Suite 280, Newport Beach, CA 92660 Location: 2100 South Lewis Street: Property is approximately 3.63 acres and is located at the southeast corner of Lewis Street and Orangewood Avenue. Conditional Use Permit No. 2006-05126- Request to convert a 132- unit apartment complex into a 132-unit residential condominium complex with waivers of (a) minimum lot area per dwelling unit, (b) minimum type and dimension of parking spaces, (c) minimum landscaped setback abutting an arterial highway, (d) minimum structural and landscaped setback abutting an interior property line, (e) minimum setbacks between buildings, and (f) maximum wall length. Tentative Tract Map No. 17092 - To establish a 1-lot, 132-unit airspace attached single-family residential condominium subdivision. Proiect Planner. QpmminazQanaheim.net) Conditional Use Permit Resolution No. 9a. CEQA NEGATIVE pECLARATION 9b. WAIVER OF CODE REQUIREMENT 9c. CONDITIONAL USE PERMIT NO. 2006-05123 Owner: Bobby Level/ Gilbert Jr. and Toni Laisne Gilbert, 17300 17th Street, 1iJ231, Tustin., CA 92780-1955 Agent: Bobby Gilbert, 17300 17`h Street, #J231, Tustin,. CA 92780- 1955 Location: 1514 West Broadwav: Property is approximately 1 acre, having frontages of 40 feet on the south side of Broadway and is located 1.60 feet west of the centerline of Hessel Street (B & J's Tree Service). Request to permit and retain a tree service contractor's storage yard with modular office building with waivers of (a) minimum landscaped setback and (b) enclosure of outdoor uses. i=m/ect manner. (kwong2Qanaheim.nel) Conditional Use Permit Resolution No. H:\docs\clerical\agendas\091806.doc (09/18/06) Page 6 10a. CEQA ADDENDUM TO ENVIRONMENTAL IMPACT REPORT NO. 330 10b. WAIVER OF CODE REQUIREMENT 10c. CONDITIONAL USE PERMIT NO. 2006-05072 10d. TENTATIVE TRACT MAP NO. 16994 Owner: Kenneth and Vera Thompson, 282 South Anita Drive, Orange, CA 92868 Timothy Guy, CP/HERS Anaheim L.P., One Federal Street, 18~" Floor, Boston, MA 02110 Agent: Cheryl Stump, Brookfield Homes, 3090 Bristol Street #200, Costa Mesa, CA 92626 Location: 525 end 711 East South Street: Property is approximately 20.36 acres, and is located at the northeast corner of Olive Street and South Street. Conditional Use Permit No. 2006-05072: Request to construct a 339 unit single-family attached condominium planned unit development with modification of development standards and to relocate a legal nonconforming ground-mounted telecommunications antenna with waivers of (a) minimum lot area per dwelling unit, (b) minimum setback between buildings, (c) maximum wall length,. (d) interior setback for telecommunications antenna, (e) required improvement of right-of-way, and (f) maximum fence height. Tentative Tract Map No. 16994 - To establish a 63 lot, 339 unit attached single-family residential condominium subdivision. 'Advertised as 64 lot, 339 unit attached single-family residential condominium subdivision. Conditional Use Permit Resolution No. Project Planner: (ethienQanaheim.oet) Adjourn To Monday, October 2, 2006 at 2:30 P.M. i+or Preliminary Plan Reviewing H:\dots\clerical\agendas\091806.doc (09/18106) Page 7 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: ~ ~ 09 a~~vt. _~c~i e l ~_ ~ (TIME) ( ATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND ~~ ~ ;~ r ~COU/NICII'LnDISPLA~Y ~KI~OSK SIGNED: ~/ IU,VI-LU,~~I 7~V~~C~wY If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing. described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits and Variances will be final 22 days after Planning Commission. action and any action regarding Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk: The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM PLANNING COMMISSION In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (714) 765-5139. Notification no later than 10:00 a.m. on the Friday before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting:. Recorded decision. information is available 24 hours a day by calling the Planning Department's Automated Tele hone S stem at 714-765-5139. H:\docs\clerical\agendas\091806.doc (09/18/06) Page 8 SCHEDULE 2006 2 October 16 October 30 November 13 l November 27 December 11 I) December 27 (Wed) II H:\dots\clerical\agendas\091806.doc (09/18/06) Page 9 Item No. JPR~ V PR q~99 N E pVE M1DV / MpNOtt ~- -- a i'~Z pU C.G N S a 0.C ~~ ~ 69 96'31 ~ 4~ 2005,p~02 8 p O WW~oo viol T °' Rl ~ESTP~a'~ ` 'C G R~`- MQ~j PVENU L v~R 61.65 6 G1-635 CUP ~, i as f9 ® , e,. . ~'.~1 ~i Conditional Use Permit No. 2006-05107 Requested By: BRUNO SERATO GANLAON, INC. 887 South Anaheim Boulevard -Anaheim White House Restaurant ~ oo~a Fy~,l. ~ Sp6C/ ^ \nleRll~ ii a2H~~~ V PEE ~p ~ Subject Property Date: September 18, 2006 Scale: 1"= 200' Q.S. No. 85 Staff Report to the Planning Commission September 18, 2006 Item No. 2 2a, CEQA CATEGORICAL EXEMPTION -CLASS 3 2b. WAIVER OF CODE REQUIREMENT 2c. CONDITIONAL USE PERMIT N0.2006-05107 (Motion for Continuance) SITE LOCATION AND DESCRIPTION: (1) This irregularly-shaped, 0.82-acre property has a frontage of 106 feet on the west side of Anaheim Boulevard, a maximum depth of 282 feet, and is located 132 feet south of the centerline of Midway Manor (887 South Anaheim Boulevard -Anaheim White House .Restaurant). REQUEST: (2) The applicant requests approval of a Conditional Use Permit under authority of Code Section No. 18.08.030.040.0402 (Unlisted. Uses} to erect a permanent canopy in front of an existing restaurant in the C-G (General Commercial) zone with waiver of the following: SECTION NO. 18.08.060.010.0103 Minimum structural and landscape setback 15 feet required; 9 feet existing and proposed) BACKGROUND: (3) .This Item was continued from the June 26, 2006, Commission meeting to allow the ..,applicant time to complete revisions to the proposed canopy located in front of the existing restaurant. (4) The subject property is developed with a restaurant and is zoned C-G (General Commercial). The Anaheim General Plan designates this property for General Commercial land. uses. The properties to the south and west are also designated General Commercial; the properties to the north. are designated Low Density Residential; and the properties to the east. (across Anaheim Blvd) are designated low-Medium Density Residential. The property is also located within the Merged Redevelopment Project Area. (5) The applicant, Bruno Serato, has submitted the attached letter dated, August 7, 2006, requesting a continuance to the October 30, 2006,. Commission meeting in order to meet with City staff to discuss permanent structures with the proposed plan.. RECOMMENDATION: (6) That the Commission, by motion, continue this item to the October 30, 2006, Planning .Commission meeting. sR-CUP2006-05107(con't-9-18-06)jkn Page 1 Attachment -Item No. 2 August 7, 2006 Dear Jessica, Due to the current state of our progress, we ask for a continuance of the hearing date to be moved to the date of October 30, 2006. This will allow us to generate or more certain direction of our plans. We also ask for a second option in our request. That in the case that the expansion of the permanent structure in the front of the restaurant is too great,. that we are able to move the present structure to the rear of the Restaurant. This will coincide with the lease of the neighboring property and additional parking spaces where the liquor store currently sits. This request has already been made with Lisa Stipkovich and is awaiting an answer at this tune. Lisa had also stated as per a conversation we had, that an agreement may be able to be had with the Justice Center to use their parking as well. Bruno Serato ,~3'~ ' " ' ° t Proprietor ,~ ~~ Anaheim White House Restaurant ti pe~~~'0~ ~- ~~~~~~ ~~ 887 S. Anaheim Boulevard Anaheim, Cali(omia 92805 • Phone: (714) 772-1381 • Fax: (714) 772-7062 www.anaheimwhitehouse.com IV G. 3 N ~ W } Q U Q ~ LL > N LL y ~ N U ~Op N f!1 jJ Conditional Use Permit No. 2006-05083 Requested By: ROB PEREZ 1920 East Center Street -NOME VApp 2pp1-04nea I T 1VAR tTp I 4pU WEAN RSCNNITZEL 'CER SS~t6ET 35~ ~ / I ~ oz oaw2 CUP lfipb N CG JACKIN THE BOX. C~" 1 RCLS45Y29 I (`~--1 C-G r cuP p9f£ C P2002-04602 CL 53-54-12 a .® 11a g GG yA~R jp~53c ~ CUP 1fi06 CUP 2603 T d GU VAR 1B1e iT ~ VAR 1046 Z -. O~G WSTaTUNE UP Q TMOTELO U ~: ~ RCL 5354-12 ''. ~ RCL 0.6629 ~ PIZZA HUi RLLS 53-0p V~1~p-1T J CUP 920 BEST CARPEi6 ~ G~ F vaR 99ss waREnpusE 0 RCL 6566418 6MAll6HOP5 vaRG9Gio-5 m VAR 1948$ RESTAURAM pEMAI ApJ 9167 pPP¢E 111 WALGREENS LIf~COL W PHARMACY N AVENUE ~ 0 aoJ p~6~ U C-G W R GVP2 ~59 F RCL BB]-6 ~ 1Dg 10 rQ RCL 565613_ gROPO~PY GG RCL fi2E3-28 GN.CWFfiIN(: C-G ANAHEIM TOWN /~ Itl ~` `' Subject Property Date: September 18, 2006 kale: 1"= 200' Q.S. No. 102 10039 Staff Report to the Planning Commission September 1 B, 2006 Item No. 3 3a. CEQA NEGATIVE DECLARATION 3b. WAIVER OF CODE REQUIREMENT 3c. CONDITIONAL USE PERMIT NO. 2006-05083 (Request for withdrawal) SITE LOCATION AND DESCRIPTION: (1) This irregularly-shaped 0.37 acre property has a frontage of approximately 114 feet on the south side of Center Street with a maximum depth of 166 feet and is located approximately 345 feet west of the centerline of State College Boulevard .:(1920 East Center Street). REQUEST: (2) The applicant requests approval of a conditional use permit under authority of Code Section 18.08:030,040.0402 (Antennas -Telecommunications -Stealth Ground-Mounted) and 18.38.060 (Antennas -Telecommunications) to permit a telecommunications antenna (disguised' as a pine tree) with accessory ground- mounted equipment with waiver of the following: SECTION 18.46.110.030 Maximum fence height .(DELETED) BACKGROUND: (3) This request was continued from the May t5, June 12, July 10, 2006, and August 7, 2006,. Planning Commission meetings at the request of the applicant to explore alternatives. (4) This property is improved as a parking lot for the adjacent parcel (1925 East Lincoln Avenue - Mi Fondita restaurant) and is zoned C-G (General Commercial). The Anaheim General Plan designates this property for Mixed Use land uses and its surrounding properties to the north., east. and west for Mixed Use land uses and to the south (across Lincoln Avenue) for Low Density Residential land uses.. (5) The applicant, Rob Perez, has submitted the attached letter dated, August 23, 2006, requesting a withdrawal of this request because they are pursuing a wireless stealth building mounted facility within an existing shopping center, which does not require a public hearing. RECOMMENDATION: {6) That the Commission, by motion, accept the applicants request for withdrawal of .this item. -~- .~ Cup2006-0SOB3conV-10-2006. Attachment -Item No. 3 -----Original Message----- From: emailrobperez@gmail.com [mailto:emailrobperez@gmail.com] On Behalf Of Rob Perez Sent: Wednesday, August 23, 2006 9:29 PM To: Della Herrick Subject: Nextel Wireless at 1920 E. Center Street Della, On behalf of the applicant Nextel Wireless, we request withdrawal of the COP application for the wireless site at 1920 E. Center Street. Instead, Nextel is pursuing a wireless facility at 2002 Lincoln which, per our conversation, Anaheim planning will process as an administrative approval. Thank you, Rob Perez Parsons for Nextel mobile (310) 798-9839 Item No. 4 R L 72-73- 7 (Res of In1tent to L) RS-2 o~l~~ ~r 1.DU EACH ALDEN AVE \ \ \ > \ J (Res of Intent to L) N Q ( ( \~~ GUP 1379 N W RS-2 E av ~ 0 1 DU EACH _ ~ DaU FAC' CHEt-BEP pRN n'" ° ~ o ocw~ _ N m R L 72-73- F RS-2 mr~ ( W 1DU EACH Res of Intent to CL) LU 1p EpCH ~~ ai RESEDA PLACE 0 D SEp,CH PvE cu ~~o~ss ~ ® 1 DU EACH SP'`tOY 6L T-VAR20M-04622 RCL 7043.46 p) Q VAR 2004-0O6d6 a CUP 1398 ~ VI ACANT t I ® RS-2 ~® ANCHORANIMPI Q ~~ 1 DU EACH HOSPITAL R$-~pcH RCLTb>]-0filzl W SOUTH STREET 1 DU cu+`'p`139J~. ? ~ 135 cL" e9-9oa50 O GG 4.."::~: $-2 cuP3i96 R Ep,GH INEO REi m RCL 6566A7 1DU Llt N CUP 20d6-05149~ '. CUP 2382 _ CUP 615 Il.t 1 (CUP 2275) ~? ~ U J JV_ aVAGAN755.~ U) pVERPL ~~ J ~-, U D ~ ~ ~ RCL 6&fi9-]B ~ ~ t? ~ (~ CUP 2004-04663 d W ~. ~ CUP 12fi4 ~~ _ tl!~ ~$Fy,CH W ((CUP1103) dU = F N U ~ W O q D F tVAR 1695) e U ~ ~ w L7 CUP 1616 Q NEIGHBORHOOD N Q ~ V/ CL ]671-0 ~ m ~y$•2 H ~ 6CNNTER m K7 ~' ~ p CUP 1173 ~ ~ DUEp,C arya ~ ~ ~ sT ~~`~ .- a 5 SDVTH rc M ~ RS-2 VAR 4034 U ~b6-d6 VAR 1885 p~~~6x-b63p 94 ~, RCL 66-87-71 a OF 2359 F GUP ~p34 CUP 2004-04 63 1 DU EACH --- O OpE9T. NEIGHBORHOOD SHOPPING .IL.rH a$•4 UEP' CENTER _ Conditional Use Permit No, 2006-05119 700 South State College Boulevard )U ~^~• . DtANP PVE R$-2 1 DV Ep Requested By: DONALD G. STRENK ~ ' 7 - RS 2 - ~ 1 DU EP - 0 ~ 1 DU EACH /~\\ // VIKING A VENUE !®J ^ 1 1 1. I , I VAR ~''~: Subject Properly Date: September 18, 2006 Scale: 1" = 200' Q.S. No. 114 1o1os o: ______ Conditional Use Permit No, 2006-05119 Subject Property Date: September 18, 2006 Scale: 1" = 200' Requested By: DONALD G. STRENK Q.S. No. 114 700 South State College Boulevard ioios Staff Report to the Planning Commission .September 18, 2006 Item No. 4 4a. -CEQA NEGATIVE DECLARATION (Motion) 4b. WAIVER OF CODE. REQUIREMENT (Motion) 4c. CONDITIONAL USE PERMIT NO. 2006-05119 (Resolution) SITE LOCATION AND DESCRIPTION: (1) This rectangularly-shaped, 0.46-acre property is located at the southeast corner of State College Boulevard and South Street, having frontages of 135 feet on the east side of State College Boulevard and 935 feet on the sbuth side of South Street (700 South State College Boulevard)..... REQUEST: {2) The applicant requests approval of a conditional use permit to construct a four (4) unit commercial retail center under authority of Code Section No. 18.08.030.040.0402 (Commercial Retail Centers) with waiver of the following: (a) SECTION NO. 18.08.060.010.0101 Minimum structural and landscaped > setback. (15 feet structural and landscaped required; 3 feet 19 inches -15 feet proposed) BACKGROUND: (3) This item was continued from 4he August 21, and September 6, 2006, Commission meetings to allow the applicant and staff time to work with an outside architectural consultant to provide feedback regarding the design of the center. (4) The property currently contains a vacant service station and is zoned C-G (General Commercial).'-The Anaheim General .Plan designates this property and properties to the south and east for Neighborhood Center Commercial land uses and properties to the north foFLow-Medium Density Residential and .Low Density Residential land uses ahd properties to the west For Low Density Residential land uses. PREVIOUS ZONING ACTIONS: (5) The following zoning actions pertain to this property: a) Conditional Use Permit No. 815 (to permit a service station) was approved by the City Council on March 22, 1966. The service station is nolonger in operation, and therefore, staff has included a condition of approval requiring termination of this permit, b) Condttional Use Permit No. 2382 (to permit a convenience market with gasoline) was approved by the City Council on November30,:1982. The convenience market is no Iongerln operation, and therefore, staff has included a condition of approval requiring termination of this permit.: Srcup2006-05199iryc09182006 Page 1 Staff Report to the Planning Commission September 18, 2006 item No. 4 View of the site looking southeast from'State College Boulevard (7) The site plan indicates the following proposed structural and IandsCapesetbacks: 'Requested waiver. (8) Access to the site would be provided via one (1) driveway along State College Boulevard ,` and one (1) driveway along South Street.`The site plan indicates a total of 28 parking 'spaces proposed for this commercial retail center. The applicant has indicated the proposed tenant spaces would be limited to general retail and take-out restaurants. Code requires a minimum of 28 parking spaces far this centerbased on the ratio of 5.5 parking spaces per 1,000 square feet of gross floor area of general retail space (5.5 x 5.0 = 28). -- The proposed number of spaces would meet the minimum Code requirement for the land. .Page 2 Direction + ~CodeReyuirer3/Proposeil ,, .Code RequiredlPropoaed BuildinSetbacks ;'tandsca ~e:Setback' North (adjacent to 15 feet / 3 feet, 11 inches° 15 feet / 5 feet, 5 inches* South Street South 0 feet / 48 feet 0 feet / 3 feet East 0 feet / 66 feet 0 feet / 3 feet West (adjacent to 15 feet / 7 feet, 5 inches* 15 feet / 8 feet, 8 inches* State College Boulevard proposed along the west. (facing`Stete College Bivd J or south elevations.;As depicted in the above elevation, the northwest corner of the building facing the intersection is proposed with a raised and rounded tower element to add interest and a focal point at the corner. The slate treatment would extend along the lower 8 feet of this tower element. The upper portion of the tower element would project 18-24 inches from the building wap plane and a secondary roof line and projection extends along the elevations on State College Boulevard and South Street to lend proportion and symmetry to this comer treatment. A three- paneled. storefront window would be centered within the stone-clad lowecportion ofthe building corner. (11) The roof and section plan (Exhibit Nos. 6 and 7) reflects the conceptual location of roof- mounted: units. The applicant has indicated there would be up to four (4) HVAC units. The Page 3 Staff Report to the Planning Commission September 18,.2006 Item No. 4 roof is fully surrounded by a parapet wall and other architectural features of the building and the roof section indicates the roof-mounted equipment would be completely screened from view from the right-of-way on State College :Boulevard and South Street According to his information, the proposed roof-mounted equipment would be screened from every direction in compliance with Code. (12) The landscape plans (Exhibit No. 8) indicate a variety of canopy trees and shrubs surrounding the proposed commercial retail building. The plan. reflects a 5-foot, 6 inch to 15 foot wide landscape planter along South Street and. an 8 foot, 8 inch to 15 foot, 8 inch wide landscape. planteralong State College Boulevard. Code requires a 15-foot wide landscape setback along both frontages. Plans propose a variety of shrubs and groundcover within the landscape setback along both streets. Code requires one (1) tree for every twenty (20) lineal feet of street frontage (7 trees on State College.Blvd. and 7 trees on South StJ. The landscaped planters within the parking area are proposetl with .'trees, shrubs and gtoundcover. Code requires a minimum of one (1) tree per 3,000 square feet of parking area and/or vehicular accessways. Code further requires no more than ten (10) parking spaces adjacent to each other withoutbeing separated by a andscape area. Landscaping is not proposed adjacent to the building. Staff has included a condition of :approval requiring that final landscape plans be submitted including the requisite number of trees along each street frontage. With exception ofahe requested landscape setback waiver ahd humber of trees within the setback area for State College Boulevard and South :Street, the andscape;plans comply with Code. (13) Sign plans were not submitted as part of this request. Code allows the total aggregate area of wall signs(s), including the area of awning signs or similar signs affixed to the building `elevation, o be a maximum often percent (10%) ofahe area of the face of the building to which such sign(s) are attached or two hundred (200) square feet, whichever is less. Signs on the Inside of windows of commercial buildings are allowed,: provided all such permanent and temporary signs obscure no more than ten percent (10%) of the total window area. The site plan (Exhibit No. 1) indicates a monument. sign orated nea• the comer of South Street and State College Boulevard; however;detaiis ofahe sign were not submitted. The monument sign would be located outside bf the line-of-sight triangle.: Since specific tenant signage has not been identified at this time, staff is recommending a condition of approval, tequiring the applicanfto submit a final detailed sign program forstaffreview once the ' specific sign design and tenant signage havebeen determined foothe retail center. Staff has included a bondition of approval requiring final landscape plans be submitted to staff for review prior tolssuance of building permits. This condition. is included to ensure the landscape setback area is heavily planted and achieves the code-required landscape ``design. (14) The submitted letter bf operation indicates the site would be cohstructed in one phase. The .letter also indicates the proposed uses would consist of retail and take-out businesses. The hours of operation, employee`information and3enant mix are unknown for the. units at his time. '' ENVIRONMENTAL IMPACT ANALYSIS: (1b) Staff has reviewed the proposal to construct a 4-unit commercial retail center, and the Initial Study (a copy of which is available for review in the Planning Department) and finds no -- - significant ehvironmentaf impact and, therefore, recommends that a Negative Declaration Page 4 Staff Report to the Planning Commission 6eptember 18, 2006 Item No. 4 be approved upon a finding by the Planning Commission that the Negative Declaration reflects the independentjudgment of the lead agency; and that ithas considered the proposed Negative Declaration together with any comments received during the public review process and further findtng'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 onthe environment. EVALUATION: (16) Commercial retail centers (two or more commercial tenant spaces) are permitted. in the C-G Zone, subject to the approval of a conditional. use permit. The applicant is requesting a 4- uhit commercial center. Based en research of recently approved commerctal retail centers, `the four (4) units proposed for the site ahd building size are similar toTecentlyapproved commercial centers in the City...: Center Addr®ss Site Siz® .Gross-Floor NuinbaF of Average-lfhit Area CFA llnits Slie f 101 South 0.4 Acres :4,367 s.f. 3 ~ 1,456 s.f. Brookhursf Street '1131 West Lincoln 0.39 Acres 3,897 s:f. 3 1,299 s.f. Avenue '420 South State 0.4 Acres ' 4,993 s.f. ', 4' 1,248 s.f. Colle eBbulevard 676 South State 0.42 Acres. 4,407 s.f. 3 1,469 s.f. Colle eBoulevard 5700'East La Palma `` 0.52 Acres 4,800 s.f. 4 1;200 s.f. gvenue 700 South State 0.46 Acres 5,013 s.f. ' 4 1,253 s.f. Cotle eBoulevard (17) The waiver pertains to the minimum required structural and landscaped. setback adjacent to an arterial. highway. Gode requires a minimum structural and landscaped setback. of dteen {15) feet along State College Boulevard (primary arterial) and South Street (secondary arterial). The applicant is proposing a 3 foot. 11 Inch to fifteen (15) foot wide structural and 5-foot, 6 inch to 15 foot wide landscaped setback along both streets. Staff surveyed nearby and surrounding properties and identified six (6) properties with. setbacks similar to those requested herein: ~: ~+ < Q~ ~ ~„-:- nix ,.m"+~*,-t ~ ..,~' it Address ~. _ 407 South State Colle eBoulevard. ~ss3- `?m t='~'P~ a~ 's ,. ~k"ist~4 3B lid •'~ ndsca eke ~ `k>tt 5 feet to building; 5 feet landscaped 423 South State Colle eBoulevard 0 feet to building; 5 feet landscaped. 501 South State Colle eBoulevard 5 feet to building; 0 feet landscaped 502 South State Colle' a Boulevard 0 feet to building; 5 feet landscaped 510 South State Colle eBoulevard 5 feet to building; 5 feet landscaped B76 South State Colle eBoulevard 3-8 feet to building; 3-B feet landscaped Page 5 .Staff Report to the Planning Commission September 18, 2006 Item No. 4 Staff believes the strict application. of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity as indicated in .the table above. Because the subject property is adjacent to two (2) arterial highways along. the north and west property lines (increasing the land area dedicated to landscaping and setbacks) the placement of tha bommercial building is limited and the,location of this property results in a special circumstance. that does not applyto other properties in the vicinity. Therefore, staff recommends aooroval of this waiver. (18) ..Goal 6.1 of the Communitypesign Element of the General Plan reads as follows: °Focus acfiv8y centers at the intersections of selected major comdorsYo provide convenient and attractive concentration of retail and ofFce usas:° Several. policies are indicated in order to implement this goal. In summary, the design policies include the following: Locate buildings close to the street with shieldedparking a .Encourage pedestrian-scale features such as public art and awnings.: = o incorporate architectural interest through varied rooflines, eolors, matetials, and. lighting. ® Provide layered landscaping Provide gathering spaces such as outdoor eating areas, water features, courtyards, _ etc. Screen utilities (19) <Although many of the design features indicated in the Design Element have been `incorporated into the proposed project; staff is concerned with the lack of detail in the elements that result in a quality design and building...: The following are examples of recently approved commercial structures that include the level. of articulation called for in the General Plan. Page 6 Staff Report to the Planning Commission September 18, 2006 Item No. 4 • Further expression of the corner element • Appropriate use of color • .:Trim application on columns • Utilization of a more substantial stone material • Need for information pertaining to the materials and colors • Need for information pertaining to the lighting details • Need for information. pertaining to the design/quality of trellises snd canopies proposed Although the applicant has made progress towards enhancing the elevations as ~ecommanded by tha independent consultant, staff remains concerned with the minimally articulated building mass antl the lack of information: pertaining o the quality of the pproposed materials and accents to be used to enhance this building (awnings,. lights, >trellises, stone, stucco texture).;iThis is aprominent comer of the City and is visible to vehicular traffic along State College Boulevard; therefore, it is important for the building: to be well articulated in'a mannerconsistehtwlth the Community Design Element of the `General Plan. Dueto these concerns, staff has included a condition of approyai requiring :final elevation and landscape plans be submitted for taffs review. Staff has also included .standard conditions$f approval for commercial developments.<As conditioned., staff. recommends a royal of the requested four unit commercial center. FINDINGS: (21) When practical difficulties or unnecessary hardships result from strict enforcement of the Zoning Code, a modification may be granted for the purposebf assuring that no property, because of special :circumstances applicable to it, shall be deprived of privileges commonly :enjoyed bypther properties in the same vicinity and lone. The sole purpose of any :variance or code waiver is to prevent disc~imination'and none shall be approved which would have the effect of granting a special privilege not shared by other similar properties. Therefore, before any variancebr code waiver is granted by the Planning Commission, it 'shall be shown: (a) That there ara special circumstances applicable to the,property such assize, shape, toppgraphy, location orsun-oundings, which'do not apply to other: identically zoned properties in the vicinity; and (b) That strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification: in the vicinity. (22) Before the Planning Commission grants any conditional use permit, it musfmake a finding of fact that the evidence presented shows'that alf of the following conditions exist: (a) That the use. is properly one for which a conditional use. permit is authorized by the Zoning Code, or is an unlisted use as defined in Subsection .030 (Unlisted Uses ' Permitted) of,Sectloh No. 18.66.040 (Approval Authority); (b) That the 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; Page 8 Staff Report to the Planning Commission September 18, 2006 Item No. 4 {c) That the size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety; (d) .That the traffic generated by the use will not. impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and (e) .That the granting of the conditional use permit under the conditions imposed, if any,. will not be detrimental to the health and safety of the citizens of the City of Anaheim. RECOMMENDATION: (23) 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, approve a Negative Declaration for the project. (b) By motion, approve the waiver pertaining to minimum landscape and structural setback based on the findings contained in the attached draft resolution. (c) By resolution, approve the applicants proposal to construct a four (4) unit commercial retail center, by adopting the attached draft resolution, including the findings and condttions of approval contained herein. Page 9 [®RAFI'] RESOLUTION NO. PC2006--*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR. CONDITIONAL USE PERMIT N0.2006-0511.9 BE GRANTED (700 SOUTH STATE COLLEGE BOULEVARD) WHEREAS, the Anaheim Planning. Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER PARCEL MAP FILED IN BOOK 5, PAGE 46 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 21, 2006, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in Connection therewith; and that said public hearing was continued to the September 6, and September 18, 2006, Planning Commission meetings; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of alt evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use, to construct a four (4} unit commercial•retail center, is properly one for which. a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.040.0402 (Commercial Retail Centers) with waiver of the following: (a) SECTION NO. 18.08.060.010.0101 Minimum structural and landscaped setback. (15 feet structural and landscaped ..required; 3 feet. 11 inches-15 feet proposed) 2. That the above-mentioned waiver is hereby approved as strict application of the Zoning Code deprives the property of privileges enjoyed by six other properties under identical zoning classification in the vicinity of the site,. and the site is uniquely constrained by its small; size and required street widening and structural. and landscaped setbacks on both frontages and results in a special circumstance that does not apply to other properties in the vicinity. 3. That the proposed 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. 4. 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. 5. 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 commercial building provides adequate parking on-site and adequate access from. State College Boulevard and South Street. _ __ 6. Thet granting of the conditional use permit under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area Cr1PC2006- -1- PC2006- 7. That'°' indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the number of tenant spaces for this commercial retail center shall be limited to four (4). Said information shall be specifically shown. on plans submitted for building permits. 2. That no 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 no outdoor vending machines that are visible to the public right-of-way shall. be permitted on the property. 5. That adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on-site. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval 6. That all trash generated from this commercial retail center shall be properly contained in trash bins located' within approved trash enclosures. The number of bins shall be adequate and the trash pick- up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The 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 7. 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. 8. 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. g. That an on-site trash truck tum-around area shall be provided per Engineering Standard Detail No. 476 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown: on plans submitted for building permits. 10. That the project shall provide for accessible truck deliveries on-site. Such information shall be specifically shown on plans submitted for building permits. -2- PC2006- 11. 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. 12. That 4-foot high street address numbers shall be displayed flat 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. 13. That the property shalt. be permanently maintained in an orderly fashion by the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of discovery. 14. That a final coordinated sign program for the entire center, including specifications for the monument sign and wall signs, shall be submitted to the Planning Services Division for review and approval as to placement, design, and materials. Said plans for the monument sign shat) incorporate the stone treatment used on the building, a minimum 18-inch high base, including 9-inch high address letters. The signage shalt be designed to complement the architecture of the commercial retail center. 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 above ground and outside of the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction. of the Water Engineering Division in either underground vaults or outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans 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 abandonments of existing water services and fire lines, shall be coordinated through Water. Engineering Division of the Anaheim Public Utilities Department. 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 the existing water meter on South Street shall be re-located at minimum five feet from the new proposed driveway. Said information shall be specifically shown on plans si ibmitted for building permits. 19. That prior to the issuance of a grading permit, the applicant shalt 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 ahd maintenance requirements for the Treatment Control BMPs. • .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. -3- PC2006- 20. That prior to issuance of a certificate of occupancy, the applicant shall: o Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP. a Demonstrate that an adequate number of copies of the approved Projects WQMP are available onsite. e Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 21. 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.). 22. That any required relocation of City electrical facilities shall be at the developer's expense. 23. That any required relocation of traffic signal equipment or any related equipment shall be at the developer's expense. 24. That plans shall be submitted to the Traffic and Transportation manager for his review and approval. showing conformance with Engineering Standard No. 415 (10-foot radius curb returns for all driveways and sight distance visibility for the monument sign and wall location). 25. 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. 26. That an Emergency Listing Card, Form ADP-281 shall be completed and submitted in a completed form to the Anaheim Police Department. 27. That final elevation plans shall be submitted to the Planning Services Division for review. Said plans shall incorporate the following: m Use of a more substantial stone material. Detailed information pertaining to the materials and colors proposed o .Detailed information pertaining to the quality and design of proposed lighting Detailed information pertaining to the quality and design of trellises and canopies proposed Any decision by staff may be appealed to the Planning Commission as a "Reports and Recommendations" item. 28. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits. 29. That.final landscape plans in compliance with. Zoning Code requirements for the subject property 'shall be submitted to the Planning Department for review and approval. Said plans shall show .minimum of fourteen (14), 24-inch box size trees (7 trees along South Street and 7 trees along State College Boulevard), shrubs, groundcover, and clinging vines to be planted in layers on all walls visible from the public right-of-way and within landscaped setbacks. The lahdscape material selected shall be appropriate to the width of the planter area. Any decision made by the Planning Department regarding said plan may be appealed to the Planning Commission as a Reports and Recommendations item. All trees shall be properly and professionally maintained by the property .q_ PC2006- owner to ensure mature, healthy growth. Such information shall be specifically shown on the plans submitted for building permits. 30. That the property owner shall work with the adjacent commercial center to refurbish the landscaping adjacent to the east and south property lines after construction of the new cnmmerciat center. 31. That the property owner shall submit a letter requesting termination of Conditional Use Permit No. 815 (to permit a service station and. Conditional Use Permit No. 2382 (to permit a convenience market with gasoline) to the Planning Services Division. 32. That the subject property shalt 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 8, and as conditioned herein. 33. 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, 5, 6, 7, 8, 9, 10, 12, 14, 15, 17, 18, 21, 24, 25, 27, 28, 29, 30 and 31 above mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 34. 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. x shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.1.70 of the Anaheim Municipal. Code. 35. That prior to final building. and zoning inspections, Condition Nos. 3, 4, 20, 26 and 32, 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. 36. 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 nompliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 37. That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved structure. 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 alf charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. _5_ PC2006- THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 18,.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: 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 September 18, 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- ' SECTION 4 ~ _ ir..., APPLICANT'S STATEMENT OF Attachment. -Item No. 4 JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: 18.0 9 . 0 60.010.0101 A sepparate statement is required for each Code waiver PERTAINING TO: Waiver .for the building(sefback along the street frontage'. Sections 18.74.Ofi0 of the Anaheim Municipal Codeaequires that before any variance or Code waiver tnay be granted by the Zoning Administrator or Planning Commission, the following shall be shown: 1. That there are special circumstances.. applicable to the property; including size, shape, topography, ]ocaGon or surroundings, which do not apply to other property under identical zoning'classification in the vicinity; and 2. That;-because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to detemvne if such special circumstances exist, and to assist the Zoning Administrator or Planning Commissionto 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 susoundings? gg Yes _ No. If your answer is "Yes," describe the special circumstances: mhe properly is adyacerit to twQ Are the special .circumstances that apply to the property different from other properties in the vicinity which aze in the same zone as your property? 1{gYes _ No If your answer is "yes," describe how the property is different: mh P 1?l_4lo~rt..`=' ,~,rg~ , ' r d to 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? Yes _No If your answer if "yes," describe the special circumstances: ~,~, a~pl inati nn of the CtrPPt f nn}aqP AP~iy' S th ~~rnnP t of ~ri~i 1.PgPa Pn3n~>Pd h~> nthPr nrnnarti PC iinrlPr .i rlPnt+ral ~nninq in the ar•i nit>~tn the Nnr}h arrnaa Smith St at f,7F 4 State C'nll PqP R1~>A. 501 S. State College Bl., 502 S. State College Bl. & 510 S. State Col. 4. Were the special circumstances created by causes beyond tha control of the property owner (or previous property owners)? XXYes _ No EXPLAIN ThP 1nn-ti nn of }hia irnr PYt~ real lto in a Pnia1 n'rrnmctanrP ~~~ a~.~~> to nthe,r ~rnnPrtiPG in the vi rini}~> The sole purpose y variance or a waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which w d have act of granting a special privilege not shazed by other property in the same vicinity and zone which is not oche ' e e ssly authorized by'zone regulation's governing subject property. Use variances are not permitted. Signature. of P o arty Owner or Authorized Agent at CONDTTIONAL USE PERMIT/VA13IAr~1CE NO. Item No. 5 CLIFPARK WAY _ ~ RS-2 ~ I I I I RS-2 1 DU EACH I I ~ ~ t DU EA~ I c'~ I I I i M-4 I I I I I I c'i R 4 c~il I ~ 4 DU EACH _ _ ~ 4 DU EACH Q ~ ALMONT AVENUE W J D-G ~ RCL 61-62-123 RM-4 O BUSINESS ® RCL 61-62-123 m COLLEGE 4 DU EACH RCL 61-62-123 W CUP 2002-04618 Ur CUP 3630 ~ N U CUP CUP BO6 P -. w 3391 J RESTAURANT 86 C-G _ w ~ J ~ RCL 61.62-123 L y N ~ > ¢ 7 CUP 2066-05124 - I- w I Q ~ O c-0 ~ > > U v _. CUP 3742 ' O W RCL 6566-76 65-049 2 K I o CUP 187fi i m W T-CUP 6 T-CUP 2603-04]5 ~ Fs N ~ CUP 606 ~ , , w ~ ~ I- CUP 3732 , n ¢ - GPC 2003-00030 (9 ]: ~ p Q i-0UP 2665-0496 U• ~ m ~ (RCL 62-63 72) ) Z I-' CUP 3150 j a¢ i QJ < ~, CUP 123 ~ ~ ~ H (CUP 1625 E SE~ILLE ~ = ~ (CUP 36]5) p w pLA7-A p r a [] SERwCE ~ STATION ¢ ~ ~.- ,-, COMM.SHOPPING CENTER ,, ;. ~m--415' ~® 555'----~®j BALL ROAD GG I RCL 02-63-02 GG C-G RCL 6467-08 RCL 76-7750 RCL 76-77-60 RM-4 RCL 65E6-106 -CUP 2063-04751 RCL 6455-15 RCL 6455-15 RCL 69-70-29 RM-4 -cuP2663-0476 CUP 2007 RCL 565746 RCL 67-68-61 FIRE. CUP 214 CUP 616 R Ras. of lnl.b ML ) ( L STATION vaR2aa2-64495 A 263 RE6TAUR ANT CUP 2062 G ENAIRE v S s CUP 610 RTMENTS , 6ENIHANA APA RESTAURAM 220 DU C-G RCL 76-77-60 RCL 64-65-15 RCL 56-57-76 4es. of Int. to ML C-G CUP 3529 RCL 76-77-60 CUP 2145 RCL 64-6515 CUP 610 RCL 56-57-76 PACIFIC PLAZA (Res. of Inl. to ML) CUP 610 SAND DOLLAR FINANCIAL PLAZA Conditional Use Permit No. 2006-05124 Requested By: MENNEN INDUSTRIES INC. 2037 East BaH Road -Puddles Car Wash 10121 2 W J w m Itl ='-`t, Subject Property Date: September 18, 2006 Seale: 1" = 200' Q.S. Np. 115 ~: Conditional Use Permit No. 2006-05124 Requested By: MENNEN INDUSTRIES INC. 2037 East Ball Road -Puddles Car Wash Subject Property Date: September 18, 2006 Scale: 1" = 200' Q.S. No. 115 10121 Staff Report to the Planning Commission September 18, 2006 Item No. 5 5a. CEQA CATEGORICAL EXEMPTION-CLASS 1 {Motion) 5b. CONDITIONAL USE PERMIT NO. 2006-05124 (Resolution) SITE LOCATION AND DESCRIPTION: {t) This rectangularly-shaped 3.1-acre property has a frontage of approximately 555 feet on the north side of Ball Road with a maximum depth of approximately 250 feet and is located .approximately 415 feet east of the centerline of State College Boulevard (2037 East Ball Road -Puddles Car Wash). REQUEST. (2) The applicant request approval of a conditional use permit to expand an existing carwash to permit an oil change facility under authority of Code Section No.1 d.08.030.040.0402 (Automotive-RepaiC& Modification). BACKGROUND: (3) This propertyis developed with a retail center and an existing car wash facility and is zoned C-G (General Commercial). The Anaheim General Plan designates this property for Neighborhood Commercial land uses. Surrounding property to the wesf is also designated :for Neighborhood Commercial land uses, to the Korth and east for Medium Density Residential land uses ahd to the south, Commercial and Medium Density Residential land. uses. PREVIOUS ZONING ACTIONS: (4) The following zoning actions pertain to this property: (a) Conditional Use Permit No. 3968 (to permit a fast food restaurant with beer and wine and waiver of minimum number. ofparking spaces) was approved by the Planning Commission on April 2, 1998.(2115 East Ball Road) This7estauranLis located in the retail center north of the car wash. (b) .Conditional Use Permit. No. 3742 (to permit a car wash) was approved by the Planning Commission on February 22, 1995. (c) Conditional Use Permit No.806 (to permit the sale and: consumption of alcoholic :'beverages within a restaurant) was approvedby the Planning Commission on February 16, 1966 (1168 South State College Boulevard - E~ Vaquero). This establishment is no longer operating in a manner that uses this entitlement, but the property is under separate ownership, therefore the termination. request can. not come from this property owner -0EVELOPMENT PROPOSAL: (5) The applicant requests approval of a conditional use permit to expand an existing canvash to permit an oil change facility. The site plan (Exhibit No. 1) indicates that the property is developed with a 33,81.0 s.f. commercial retail center and 8,114 s.f. car wash building, The - car wash is located closest to Ball Road with the commercial center to the rear (south) of .the building. The site plan and the floor plan (Exhibit No.2) propose the conversion of an Page 1 Staff Report to the Planning Commission September 18, 2006 Item No. 5 existing detail area into three (3) oil change stations.. The existing derail area is located at the west end of the building, just west of the car wash exit. 'The area is covered by a roofline and is enclosed on 3-sides by existing building walls. Floor plans propose oil change pits to service the vehicles. (6) Vehicular access is provided by three (3) existing driveways from Ball Road. The site plan indtcates a total of 172 parking spaces existing on-site. No new square footage is proposed with this request and the detail area was considered a par`. of the original building square footage, therefore no additional parking is required for the proposed oil change facility. In addition, auto repair facilities have a lower parking requirement than car wash facilities. _ N-: ~~ lTSI. ¢CD ?. IW WV .. Y••_~•••--- ~ .~qY'l. FLQ K'¢ StWl9 LtilF71 CW ~' WICK ITX•L¢l1¢AC![¢A 4lIG~ ~~ r. rm~r ucr. ~,.,., ~_ ~r.~ ,,. ~~ ~.~s~i 7~ n away '~ 177 m rnw mias - i i~ .. -~t~~~b~ _; ~ ;~1 _. -~-~. ~~„~~ - r:F ~- -~--~~ I ' ~' I I ~ ~ :, 4aRO KSiO 4 ~IWB ~ ~» r pauTh adevatlae __,_ Existing wafting area (7) The existing building is an approximately 17-foot high stucco building painted grey and white with an aqua metal roof. The elevation plan (Exhibit No. 3) indicates that new overhead doors are proposed along the north. elevation, which faces he interior of the site, to secure the oil change area as shown above. The existing south elevation which faces Ball Road consists of a stucco wall. which matches the existing building as shown in the following photograph: The existing windows will be tinted to screen the view of the facility from the street. Page 2 Staff Report to the Planning Commission September 18, 2006 ytem No. 5 j -T l..y / J i/ S' ~ Y' ~~~rif c s / i" f < t f ss:: 6 ~ ~ ~~s ~~ K ~ y G 4 Y r ~ , N tcF Jys ed Jv T~t s~~.~{ ~ t >: - ~~ t ~ '~ %`~ uy ~"' ~~~ v'~ G v__ ~AF`t2~ ~/""~.YZi49~u~, ~ ... l t$i~t 'S' i ~„ ~ ~~~y~~ru . ~ ~~ry~'KS~P~~S~ ~ x ~# 2 "s4 ~' .~ r ~ J ?ne .'may. {~ . , ~ ~~ ~. y~q~^ %xx z . View of car wash from BaII Road (8) There is an existing monument sign and a wall sign which faces Ball Road. No new signage is proposed for he oil change facility. The applicant has indicated that the oil .change will be listed as one of the services provided with the car wash, therefore additional ignage is not requested. (9) The submitted letter of operation jndicates that the oil change facility would operate during the same hours as the car wash from 8:00 am to 6x00 pm, daily during the summer season, and from 8:00 am to 5:00 pm, daily during the winter season with up to ten (10) employees per shift. (10) :The applicant has indicated that the employees will be driving the cars into the oil change .facility in order to prevent any conflict with the cars exiting the car wash tunnel. The oil change facility is intended to be an additional service for the car wash customers, and is not intended to be a separately operated facility. ENVIRONMENTALIMPACT ANALYSIS: (11) The Planning Director's authorized representative has determined that the proposed :.project falls within the definition of Categorical Exemptions, Section 15302, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines, and is, therefore, exempt from the requirements to prepare additional environmental documentation. .EVALUATION: (12) Code permits an oil change facility in the C-G zone subject to approval of a conditional use ,permit. The original conditional usepermit for the car wash was granted more than ten years ago; #herefore code requires this request to be processed'as a hew conditional use permit. (13) Communitypreservation records indicate there are no open code violations pertaining to `'this property. However, the car wash facility in the past has had un-permitted signage and un-permitted portable signage.' Staff is including a condition of approval that signage shall be limited to existing and. approved signs and that temporary signs and other advertising Page 3 Staff Report to the Planning Commission September 18, 2006 Item No. 5 devices shall not be permitted except when in connection with an approved Speciaf Event Permit. (14) This request to permit an oil change facility within an existing car wash is compatible with the existing comma~cial center? Adequate parking is provided on-site and tha facility will. be screened from public view along Ball Road and will be screened by roll. up doors when the :facility is closed on the interior of the project. Sinca below ground pits are proposed for the oil change facility, he view df the new service bays from the interior of the commercial center should be very similar to the existing view of vehicle detailing. The proposed oil '.change facility would hot negatively impact the adjacent uses and therefore, staff recommends approval of the request subject to the recommended conditions of approval. FINDINGS: (1'5) Before the Planning Commission grants any conditional use permit, it must. make a finding of fact that the evidence presented shows that all of the following conditions exist::. (a) That the use is properly one for which a conditional use permit is authorized by the Zoning Code, or is an unlisted use as defined in Subsection .030 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority); (b) That the 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 theproposed use in a manner not detrimental to the particular area or to the health and safety;., (d) .That the traffic generated by the use will not impose an undue burden upon the streets and highways esigned ahd improved to carry the traffic in the area; and (e) .That the granting of the conditional use permit under the conditions imposed,. if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. RECOMMENDATION: (16) 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, approve a CEQA Categorical Exemption -:Class 9 (Existing Facilities) for the project (b) By resolution, approve Conditional Use Permit No. 2006-05124 to expand an :existing car wash to permit an oil change facility by adopting the attached : resolution including the findings and conditions contained therein. Page 4 [DRAFT] RESOLUTION NO. PC2006--"' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05124 BE GRANTED (2037 EAST BALL ROAD) 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: THOSE PORTIONS OF LOT 34 OF TRACT NO. 4757, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 184, PAGES 47 AND 48 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: PARCEL A: PARCEL 3 AS SHOWN ON A MAP RECORDED IN BOOK 47, PAGE 13 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. RESERVING THEREFROM APPURTENANT EASEMENTS FOR INGRESS, EGRESS, PARKING, AND DRAINAGE PURPOSES FOR THE BENEFIT OF PARCEL 1 AND PARCEL 2 AS SHOWN ON A MAP RECORDED IN BOOK 47, PAGE 13 OF PARCEL NAPS • RECORDS OF ORANGE COUNTY, CALIFORNIA • OVER THOSE PORTIONS OF SAID PARCEL 3 DESCRIBED AS FOLLOWS: PARCEL A-I: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 3; THENCE ALONG THE EAST LINE OF SAID PARCEL 3 NORTH 0° 08' 40" EAST 234.70 FEET; THENCE NORTH 89° 57' 38" WEST 20.00 FEET; THENCE NORTH 0° OB' 40 EAST 4.40 FEET TO A POINT IN THE NORTH LINE OF SAID PARCEL 3; THENCE ALONG SAID NORTH. LINE NORTH 89° 57' 38" WEST 418.00 FEET: THENCE SOUTH 0° 02' 22" WEST 32.00 FEET; THENCE SOUTH. 89° 5T 38" EAST 373.94 FEET; THENCE SOUTH 0° 08' 40" WEST 206.36 FEET TO A POINT IN THE SOUTH LINE OF SAID PARCEL THENCE ALONG SAID SOUTH LINE SOUTH 89° 55' 36" EAST 64.00 FEET TO THE POINT OF BEGINNING. PARCEL A-2: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 3; THENCE ALONG THE WEST LINE OF SAID PARCEL 3 NORTH 0° 04' 24 EAST 198.00 FEET; THENCE SOUTH 89° 55' 36" EAST 35.00 FEET, THENCE SOUTH 0° 04' 24"WEST 70.00 FEET; THENCE SOUTH 69° 55' 36" EAST 388.00 FEET; THENCE SOUTH 0° 04' 24" WEST 128.00 FEET TO A POINT IN THE SOUTH LINE OF SAID PARCEL 3, THENCE ALONG SAID SOUTH LINE NORTH 89° 55' 36"WEST 159.00 FEET; THENCE LEAVING SAID SOUTH LINE NORTH 0° 04' 24" EAST 83.50 FEET; THENCE NORTH 89° 55' 36" WEST 144.00 FEET; THENCE SOUTH 0° 04' 24" WEST 83.50 FEET TO A POINT IN THE SOUTH LINE OF SAID PARCEL 3; THENCE ALONG SAID SOUTH. LINE NORTH 89° 55' 36"WEST 120.00 FEET TO THE POINT OF BEGINNING. EXCEPTING FROM PARCEL A-2 DESCRIBED ABOVE THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 3; THENCE ALONG THE SOUTH LINE OF SAID PARCEL 3 SOUTH 89° 55' 36" EAST 35.50 FEET; THENCE NORTH 0° 04' 24" EAST 53.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 0° 04' 24" EAST 30.00 FEET; THENCE SOUTH 89° 55' 36" EAST 8.50 FEET; THENCE SOUTH 0° 04' 24" WEST 30.00 FEET; THENCE NORTH 89° 55' 36" WEST 8.50 FEET TO THE POINT OF BEGINNING. WHEREAS, the Planning Commission did. hold a public hearing at the Civic Center in the City of Anaheim on September 18, 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 Cr\PC2006-0 -1- PC2006- 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 expand an existing carwash to permit an oil change facility is properly one for which a conditional use permit is authorized by Anaheim Municipal ^,ode Section No.18.08.030.040.0402 (Automotive-Repair & Modification). 2. That the proposed expansion of an existing carwash to permit an oil change facility will not adversely affect the adjoining land uses or the growth and development df the area in which it is proposed to be located because the use will be an accessory service provided along with the car wash and is confined to an existing building with no visibility to the public street;. 3. That the size and shape of the site proposed' for the oil change facility 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 as the site has sufficient access and parking to serve the propdsed use; 4. That the traffic generated by the addition of an oil change facility to an existing car wash will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5. That the granting of the conditional use permit under the conditions imposed will not be detrimental to the health and: safety of the citizens of the City of Anaheim.. 6. That "` indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or her authorized. representative has determined that the proposed project falls within the definition of Categorical. Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. 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 df the Citizens of the City of Anaheim: 1. 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. 2. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. 3. That any proposed roof-mounted equipment shall be completely screened from view in all directions by properly designed and maintained design elements of the building. Said information shall be specifically shown on plans submitted for building permits. 4. That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all. persons on or about the parking lot. Said lighting shalt be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the windows of nearby residences. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval 5. That there shall be no public telephones on the premises located outside the building. -2- PC2006- 6. That signage shall be limited to existing and approved signs unless additional signs are reviewed and approved by the Planning Services Division. Any decision by staff regarding additional signs may be appealed to the Planning Commission as a Reports and Recommendations item. That temporary signs and other advertising devices shall not be permitted except when in connection with an approved Special Event Permit. 7. That no advertising or identification of any type shall be permitted on any outdoor furniture or equipment including umbrellas, by illustration, text or any other means of visual communication. 6. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of discovery. 9. That four (4) foot high address numbers shall be displayed on the flat area of the roof in a contrasting color to the roof material The numbers shall not be visible from the street or adjacent properties. Said information shall be specifically shown on plans submitted for building permits. 10. That if new electrical service is required to serve the new construction, the property owner shall provide the City of Anaheim. Electrical Engineering Division of the Public Utilities Departme~it with a public utilities easement to be determined as electrical design is completed. 11. That no video, electronic or other amusement devices or games shall be permitted anywhere on subject property. 12. That the landscape planters shall be permanently maintained with live and healthy plant materials 13. That the storage or overnight parking of vehicles, vehicle parts, orbusiness-related materials shall not be permitted and work shall be limited to oil/tube servicing of automobiles. Absolutely no vehicular repair, body work, painting or other business-related activities, or storage of vehicles, vehicle parts or materials shall be allowed in the front or rear yard areas, or on the roof of the buildings. 14. That customer parking spaces shall be striped and clearly marked for "customer parking only", and. at no time shall customer vehicles be stacked, double parked, or left standing in tandem in front of, or adjacent to the buildings. 15. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices andlor appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits. 16. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 17. That a landscape plan shall be submitted to the Planning Services Division for review and approval incorporating a 15-foot wide landscape setback adjacent to Ball Road with 24-inch box sized trees planted at a ratio of one tree for every 20 feet of street frontage. Any decision by staff regarding said plan may be appealed to the Planning Commission as a Reports and Recommendation Item. 1 B. That the oil change and tube facility shall be an accessory use to the car wash operation and shall not operate independently. 19. That subject property shall be developed and maintained substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1, 2 and 3, and as conditioned. herein. -3- PC2006- 20. That prior to issuance of a building permit Condition Nos. 3, 4, 9, 15 and 17 above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 21. That prior to final building and zoning inspections, Condition Nos. 11 and 19, above-mentioned, shall be complied with. 22. That timing for compliance with conditions of approval may be amended. by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and: (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 23. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 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 September 18, 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 -4- PC2006- 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 September 18, 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- Item No. 6 Conditional Use Permit No. 2006-05125 Requested By: E ROSEWATER LLC FIRST ANAHEIM HILLS PROPERTIES, L.P. 500 South Anaheim Hills Road Subject Property Date: September 18, 2006 Scale: 1" = 200' Q.S. No. 192 ~o~z2 ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE. ALL PROPERTIES ARE IN THE Conditional Use Permit No. 2006-05125 Requested ey: E ROSEWATER LLC FIRST ANAHEIM HILLS PROPERTIES, L. P. 500 South Anaheim Hills Road Subject Properly Date: September 18, 2006 Scale: 1" = 200' Q.S. No. 192 toizz Staff Report to the Planning Commission September 18, 2006 Item No. 6 6a. CEQA NEGATIVE DECLARATION (Motion) $b. CONDITIONAL USE PERMIT NO. 2006-05125 (Resolution) .SITE LOCATION AND DESCRIPTION: (1) This irregularly-shaped, 5.4-acre property is located at the southeast corner of Anaheim Hills Road and Nohl Ranch Road,'has a frontage of 684 feet on the east side of Anaheim Hills Road and 778 feet on the south side of Nohl Ranch Road (500 South Anaheim Hills Road). REQUEST: (2) The applicant requests approval of a conditional use permit to permit a stealth building- `mounted telecommunications facility in excess of the maximum permitted. height in the Scenic Corridor (SC) Overlay Zone, underauthority of Code Section 18.08:030.040 <;(Antennas -'Stealth Building-Mounted) and 18.38.060.050.0512 (Antennas - :':Telecommunications ).: BACKGROUND: (3) This property is currently developed with a medical office building and is zoned C-G (SC) (General Commercial, Scenic Corridor Overlay). The Anaheim General Plan designates this property for Office Low land uses. The Anaheim General Plan further designates properties to'the north for Open Space, Low Medium Density Residential and Neighborhood Center land uses,'properties to the south for Low Medium Hillside Density Residential land uses,`properties to the east for Office-Low and Neighborhood Center land uses, and to the west for Low Medium Hillside Density Residential Office-Low and Low Medium Density Residential IandUSes. PREVIOUS ZONING ACTIONS: (4) The following zoning actions pertain to this .property:..... (a) Conditional Use Permit No. 1981 (to permit specific sites for 46 existing and proposed signs) was approved by the Planning Commission on May 21, _ 1979. (b) Variance No. 4172 (waivePof permitted identification and maximum sign area to construct a 54 square foot freestanding monument sign) was approved by `` he Zoning Administrator on March 5,1992 (c) .Telecommunications Antenna Review Permit (MIS2003-00065) (to construct a roof embellishment to conceal a telecommunications: facility) was approved by the Planning Department on March 1A, 2003. (d) Administrative Adjustment No. 156 (waiver of minimum number of parking apaces to construct a 1,200 square foofaccessory document storage area for on-site storage within a parking garage in conjunction with an existing medica(office complex) was approved by the Zoning Administrator on April - 22, 1999. Srcup2006-05125kiw : Page 1 Staff Report to the Planning Commission September 18, 2006 Item No. 6 DEVELOPMENT PROPOSAL: j5) The applicant proposes to construct aroof-mounted telecommunications facility consisting of three (3) sectors with five (5) panel antennas on each sector, fora total of 15 panel antennas. The antennas would be mounted above an existing stainryell shaft on an existing 2-story medical office building. (6) .The site and roof plan (Exhibit. Nos. 1 and 2) indicates an existing medical office building with an existing roof-mounted telecommunications facility located at the northwest portion of the building. The applicant proposes to construct a new roof-mounted facility east of the existing facility enclosed within a 7-foot high, 21 B square foot roof enclosure. `The elevation ,plan and photo-simulations (Exhibit Nos. 3 and 4) depicted below indicate a new fiberglass screen.painted. and textured to match the existing stairwell tower. The proposed roof addition would. exceed the existing building's height by seven (7) feec,fior a total height of 44 feet. The proposed facility would duplicate the adjacent facility both in height and design. .Existing 'Facility Proposed Facility t ...,w~` ' I .. V ,J - _ ' y t 1 Elevation of proposed facility (from Canyon Rim Road) (7) The site plan and enlarged area plan (Exhibit No. 5) indicate a new 230 square foot, 10-foot high accessory equipment shelter on a concrete pad located in an existing landscaped planter within he parking lot. The shelter would be apre-fabricated structure with a stucco finish and pitched,roof painted to match the adjacent office building. The shelter would be surrounded. by three (3) existing trees. A condition of approval: has been Included for the addition of clinging vines or tall shruGbery to further screen the equipment enclosure. (8) The applicant's supplemental information statement indicates that the proposal's primary objective is to improve wireless communication service along Anaheim Hills Road to the south and Canyon Rim Road to the north. .ENVIRONMENTAL IMPACT ANALYSIS: (9) .Staff has reviewed the proposal to permits stealth building-mounted telecommunications ` facility and the Initial. Study (a copy of which is available for review in the Planning Page 2 Staff Report to the Planning Commission September 18, 2006 Item No. 6 Department) and finds no significant environmental impact and, therefore, recommends that a Negative Declaration be approved;upon a finding by the Planning Commission that the Negative Declaration reflects the independent judgment of the lead agency; and that. it has considered the proposed Negative Declaration together with any comments received during the public review process and further finding on the basis of the Initial .Study and any comments received that there is no substantial evidence that theproject will have a significant effect on the environment. EVALUATION: (10) .Stealth building-mounted telecommunications facilities and accessory ground-mounted. equipment are permitted within the C-G,(SC) Zone subject to an administrative approval of a Telecommunications Antenna Review Permit and the requirements of Section No. 18.38.060 pertaining to telecommunications antennas of Chapter 18.38 (Supplemental Uses). However, the Code states that the maximumheight of telecommunications facilities in he Scenic Corridor Overlay may exceed the height limit of 35 feet up to a maximum of 10% (38.5 feet) administratively,,and any additional height maybe approvetl as a part of the conditional use permit. (11) This proposal is located within the Scenic Corridor Overlay Zone which was adopted in 1975 to provide for and promote the orderly growth in'certain areas of the City designated as being of distinctive, scenic importance, while implementing local government agency actions forthe protection, preservation and enhancement of the unicue and natural scenic assets of these areas as a valuable resource to the community." (12) The Zoning Code includes desjgnguidelines and requirements for telecommunications. facilities. Code requires wireless communication facilities to be designed td minimize the visual impact and to be compatible with existing architectural elements,'buildng materials, and other site characteristics.' Staff believes'stealthbuilding-mounted installations are the best alternative to tlecrease visual clutterand to preserve the aesthetic qualityof the community.=The proposed facilitywould be designed to match the previously-approved facility on theadjaceht stairwell tower and would not exceed the existing height of the `adjacent facility of 44 feet.'Furthermore; the new faciltty would belocated approximately .130 feet from Canyon Rim Road and 240 feet from Anaheim Hills Road, further minimizing the visibility of the proposed. antennas and equipment location from public view. Page 3 development of the proposed use in a manner not detrimental to the particular area -- or to the health and safely;. Page 4 .Staff Report to the Planning Commission September 18, 2006 item No. 6 (d) That the traffic generated by the use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and (e) ..That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. RECOMMENDATION: (15) Slaff 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, approve a Negative Declaration for the project. (b) By resolution,. approve the applicant's proposal to construct a stealth building- mounted Yelecommunicatipns facility in excess of the maximum permitted height {maximum of 44 feet in height) in the Scenic Corridor (SC) Overlay Zone by adopting that attached resolution including the findings and conditions contained .therein. Page 5 [DRAFT] RESOLUTION NO. PC2006-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05125 BE GRANTED (500 SOUTH ANAHEIM HLLLS ROAD) 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: PARCELS 1 AND Z AS SHOWN ON A MAP FILED IN BOOK 121, PAGE 47 OF PARCEL MAPS,. RECORDS OF ORANGE COUNTY, CALIFORNIA.. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 18, 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 applicant's proposal to permit a stealth building-mounted telecommunications facility with accessory ground-mounted equipment is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section Nos. 18.08.030.040 (Antennas. -Stealth Building-Mounted) and 18.38.060.050.0512 (Supplemental Uses -Antennas Telecommunications). 2. That the proposed telecommunications facility would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed since the new facility would be designed to minimize the visual impact and would incorporate similar building materials as the adjacent existing roof-mounted facility, and the proposed accessory ground-mounted equipment would match the architectural elements and building materials of the existing medical office building. 3. That the size and shape of the site is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the health and safety because the telecommunications facility would be located on an existing building and the new equipment facility woulu not reduce the number of parking spaces provided since it would be located in an existing landscaped planter. 4. That because this is an unmanned facility with infrequent maintenance, the traffic generated by the proposed use will not, under the conditions imposed, impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area 5. That granting this conditional use permit will not, under the conditions imposed, be detrimental to the health and safety of the citizens of the City of Anaheim and that the use contributes to an essential and effective wireless communication network system in a manner that would blend in with the existing facilities. 6. That *** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning _.,.. . Commission has reviewed the proposal; 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 Cr\PC2006-0 -1- PC2006- Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the telecommunications facility shall be limited to three (3) sectors consisting of five (5) panel antennas and accessory ground-mounted equipment. The maximum height of the roof-mounted facility shall be 44 feet. No additional antennas or equipment cabinets shall be permitted without the prior approval of the Planning Commission. Said information shall be specifically shown on plans submitted for building permits. 2. That all ground-mounted equipment shall be located entirely within the 10-foot high equipment enclosure and the cable connecting to the equipment shall be underground and shall not be visible to the public. Said information shall be specifically shown on plans submitted for building permits. 3. That all equipment, including supply cabinets and power meter shall be screened from the public right- of-way. Said information shall be specifically shown on plans submitted for building permits. 4. That the Operator shall ensure its installation and choice of frequencies will not interfere within. the 800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity for public safety and related purposes. 5. That before activating this facility, the Operator shall submit apost-installation test to confirm that the facility does not interfere with the City of Anaheim's Public Safety radio equipment. This test shall be conducted by the Communications Division of the Orange County Sheriffs Department or a Division approved contractor at the expense of the Operator. 6. That the Operator shall provide a 24-hour telephone number to the Planning Services Division (to be forwarded to the Fire and Police Departments) to which interference problems may be reported, and shall resolve all interference complaints within 24 hours. 7. That the Operator shall ensure that any of its contractors, sub-contractors or agents, or any other user of the facility, shall comply with the terms and conditions of this permit. 8. That should this telecommunications facility be sold, the Planning Services Division shall be notified within 30 days of the close of escrow. 9. That any required relocation of City electrical facilities shall be at the applicant's expense. Landscape andlor landscape screening of all pad-mounted equipment shall be required and shall be specifically shown on plans submitted for building permits. 10. That the applicant shall obtain aRight-of-Way Construction Permit from the Public Works Department for any work within the public right-of-way, including but not limited to installation of conduit, cable, and electrical service lines. 11. That the portion of the property being leased to the telecommunications provider shall be permanently maintained in an orderly fashion providing for removal of trash and debris, and. removal of graffiti within twenty-four (24) hours of discovery. _ 72. , That no signs, flags, banners, or any other form of advertising shall be attached to the antennas or to the transmission tower structure. -2- PC2006- 13. That a final landscape and equipment enclosure plan shall be submitted to the Planning Services Division for review. The walls of the equipment enclosure shall be protected from graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines planted on maximum a- foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 14. That a final colors and materials board depicting the color and texture of the roof-mounted facility and equipment enclosure shall be submitted to the Planning Services Division, for review and approval. Said colors and materials shall match the texture and color of the building to ensure a seamless appearance. The stealth enclosure shall be approved. in the field prior to final building and zoning. inspections. Any needed modifications to the enclosure shall be made prior to final sign off by the Planning Services Division on the building permit. Said enclosure shall be maintained continuously in a "like-neHJ' condition. 15. That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good. cause provided (i) equivalent timing is established that satisfies the original intent and. purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 16. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning. Department marked Exhibit Nos. 1 through 5, and as conditioned herein. 17. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 13 and 14, above-mentioned, shall be complied with. Extensions for fi~rther time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal. 18. That prior to final building and zoning inspections, Condition Nos. 5, 6, and 16, above-mentioned, shall be complied with. 19. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth, Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. 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. -3- PC2006- THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 18, 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 September 1 S, 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 -4- PC2006- Item No. 7 Zou 0.LR5nS3A PEARL STREET 1 P~ ~A~~I ~ ~'~ Y ~ I I I DIAMOND ST RM-4 t APARTMENTS VAR 383fi ~ 18 DU .1 i~J RM-4 RMA APTS. PNPHE1 OOU 5 DU H1Gpi, SCH /AR 2001Ldd<5 L VpR ]]55 MpRfMUMS N. 1 _ A n SMALL SHOPS ~ C-O~ p 1 C P312 CPRWPSH ~A 1G~ v ~ (GVPCptn S CENTER STREE z.59 07 9pU O~R~E ~ \ ~ ~p~ `2p0S.p0112 Z 3 ~ N./92 ou 'A~~4~~A ~uU 44oV ~~~iL A< RS-? ets. -9 N~ ~ H noV. s PCV2pp3-0Ot~2 . Conditional Use Permit No. 2006-051.27 Requested By: CALVADA DEVELOPMENT INC 1131 West Lincoln Avenue 10124 j I ~ 1 Q DU APTS. s Du Z 0 ki " U s .. ~ c"_'a e 1 QU I RM-4 I i~ ' ~ u p. I 1 DU EACHI ~ > RCL6566UB -~r~-f RLL SBS0.1< r~ ~ ~ - cu zws~ustn i. 1 Dl soot~aa]zt r T.cuP ZOSSnstas REST r CUP2Wi05B15 ' .LL SUOP cuP TZB ': SHOF ~0--196' LINCOLN AVENUE CHyjNUi~ a ~~. PcH b 1~ ' A~ Subject Property Date: September 18, 2006 Scale: 1" = 200' Q.S. No. 62 ~~` ~~, , N Date of Aerial Photo: July 2005 Conditional Use Permit No. 2005-05127 Requested By: CALVADA DEVELOPMENT INC 1131 West Lincoln Avenue Subject Property Date: September 18, 2006 Scale: 1" = 200' Q.S. No. 62 totza Staff Report to the Planning Commission September 18, 2006 Item No. 7 7a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVEDI (Motion) 9b. CONDITIONAL`USE PERMIT NO.'2006-05127 (Resolution) :SITE LOCATION AND DESCRIPTION: (1) This rectangularly-shaped, 0.39-acre property is located at the northeast corner of Lincoln Avenue and Carleton Avenue, having frontages of 196 feet on the north side bf Lincoln Avenue and 77 feet on the east side of Carleton Avenue (1131 West Lincoln Avenue). REQUEST: (2) The applicant requests approval of a conditional use permit to permit a veterinary clinic within a previbusly-approved commercial center under. authority df Code Section 18,08.030.040.0402 (Veterinary Services). BACKGROUND: (3) Apreviously-approved commercial center is currently under construction at this site. The property is zoned C-G {General Cbmmercialf and the Anaheim General Plan designates this property for Mixed Use land uses..Surrounding properties to the east and west are also designated for Mixed Use land uses, to the south (across Lincoln Avehue) for Mixed Use and Low Density Residential land uses antl to thenbrth for Medium Dehsity Residential land uses. PREVIOUS ZONING ACTIONS: (4) The following zoning .actions pertain to this property: (a) Conditional Use Permit No. 2005-05028 (to construct a 3,897 square-foot, three unit commercial retail center including adrive-through coffee shop (Starbucks) with waivers of (a) minimumlandscaped setback adjacent to an arterial, (b) minimum number of .!.parking spaces and {c) permitted drive-through location) was approved by the Planning Commissidn on December 12, 2005, and subsequently amended on June 12, 2006 ` (Tracking,No. CUP2006-05105), to allow Starbucks to sell lunch items,but not. prepare -lunch items on site. The commercial center is currently under construction. (b} Tentative Parcel Map No. 2005-247 (to combine eight (8) lots into one (1) lot to establish a commercial retail center) was approved. by the Planning Commission on December 12, 2005. DEVELOPMENT PROPOSAL: (5) The applicant requests a conditional use permit to permit afull-service veterinary clinla within an 897 square foot tenant space in apreviously-approved commercial center. No mddificatibns to the site plan or elevations are proposed in conjunction with this request. The clinic wduld care fior small animals, including tlogs, cats, pocket pets and small birds, and would operate as an outpatient facility with ervices such as vaccinations, dentistry, preventative care, internal medicine, and general surgery. Grooming services and boarding fiacilities are'not proposed as part of this facility's operation. SR-PC091 BO6-CUP2006-05127jr Page 1 (6) The site, plan :(Exhibit No. 1) indicates theproposed clinic would occupy,the middle tenant `:space of the commercial center: The floor; plan (Exhibit No. 2) indicates the proposed clinic would consist of surgery, exam,'x-ray, and'dark rooms, as well as the doctor's office, reception/waiting room, and restrcom. (7) Vehicular access to the site would be provided via one (1) driveway from Lincoln Avenue and one (1) driveway from the existing ®Iley (the existing driveway on Carleton Street would be closed).. The site plan indicates a total of 22 parking spaces available and approved throughthe,priorporking waiver for the`site. Code;requires 53 spaces based on the following .'.chart. (8) The approval of the commercial center included a request for a waiver of minimum number of parking spaces 53 required; 22 proposed). The cdmplexion of uses evaluated by the :.parking study to justify this waiver identified a retail, use for the tenant space now to be >occupied with the veterinary clinic. Both retail uses and veterinary services require a ,.,. minimum of 5.5 spaces per 1,000. gross square feet of floor area. Since veterinary services have the same parking demand ratio as retail services, staff has determined the proposed use is consistent with the approved parking study. (9) Sign plans were not submitted as part of this request. Code allows the total aggregate area of wall stgns(s), including the area of awning signs or similar signs affixed to the building .Page 2 USE SQUARE FEET CODE-REQUIRED PARKINGRATIO (p@r 1,000sg. ft.) PARKING .REQUIRED Veterinary 897 5.5 spaces 5 Services Fast Food 1,000 16 spaces 16 Restaurant .Drive Through Fast 2,000 16 spaces 32 Food Restaurant ..TOTAL 3,897 53 .Staff Report to the Planning Commission September 18, 2006 Item No. 7 (11) .:The applicant has also submitted a "Sanitation Procedures" document that would be distributed to their customers and staff. The goal of this document is to ensure on-going maintenance and sanitation from'the animals, and ensure there are no conflicts with the heighbortng uses within the commercial center 'The document includes guidelines and operating procedures that would prohibit customers from waiting outside the building with their pets, require clinic staff to accompanycustomers to theircar after'appontments, immediate clean-up and saNtizing as necessary; and a regular cleaning schedule of the facility: Staff has added language to ensure the regular cleaning schedule includes the exterior of the facility as well. Staff has reviewed the measures proposed and have included these itemsas conditions of approval (with the exception of requiring clinic staff to accompany customers to their cars after appointments) forthe project and referenced the ''Sanitation Procedures" document in the attached resolution. ENVIRONMENTAL IMPACT ANALYSIS: (12) Staff has reviewed the proposal to permiNa veterinary clinic within apreviously-approved commercial center, and does hereby find that the Negative Declaration previously approved. in connection with the previously-approved commercial centecvnderConditional Use 'Permit No 2005-05028, is adequate to serve as the;required environmental documentation in connection with this request upon finding that the'declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration dgether :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: (13) Veterinary'service facilities are permitted in the C-G'zone subject to the approval of a conditional use permit. (14) As part of staff evaluation of the project, issues pertaining to compatibility with the adjacent Yestaurant uses were discussed with the applicant`{primarily maintenance, sanitation, and odors). Based on these discussions, the applicant ubmitted the "Sanitation Procedures" document and agreed to install'mechanical equipment designed to reduce odor emissions '#rom the interior space. Since the facility would not include kennel/boarding facilities, and would operate in a manner consistent with other retail/office uses in the area, staff believes the operation would not adversely affect adjoining7and uses or the'growth or development of the area. In addition, the. parking requirement is the same for the proposed use as a 'retail use, and the land use would be completely contained within thebuilding, therefore the size and shape of the site is adequate for the full development of the proposed use, and staff recommends approval of the request to permit a veterinary clinic within a previously- approved commercial center as conditioned. FINDINGS: (15) ..Before the Commission grants any conditional use permit, it must make a finding of fact ` that the evidence presented shows that all of the following conditions exist: (a) That the use is properly one for which a conditional use permit is authorized by the Zoning Code, or is an unlisted use as defined in Subsection .030 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority); (b) That the use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located; Page 4 Staff Report to the Planning Commission September 1'6, 2006 Item No. 7 (c) That the size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety; (d) .That the traffic generated by the use will not impose an undue burden upon the streets and highways designed and improved to carry the traffc in the area; and (e) That the granting of the conditional use permit under the conditions imposed., if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. RECOMMENDATION: (16) 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, determine the previously-approved Negative Declaration is adequate to .serve as the required environmental documentation in connection with this request. (b) By resolution, aoorove Conditional. Use Permit No. 2006-05127 to permit a veterinary clinic within apreviously-approved commercial center by adopting the attached resolution including the findings and conditions contained therein. Page 5 [DRAFTf RESOLUTION NO. PC2006-" A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05127 BE GRANTED (1131 WEST LINCOLN AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described. as: LOTS 29 TO 36 INCLUSIVE IN BLOCK 4 OF SUMMERFIELD AND PJOENHEIMERS SUBDIVISION OF THE SPOERL TRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 19, PAGE 44 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 18, 2006, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisjons 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 request to permit a veterinary clinic within apreviously-approved commercial center is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section Nos. 18.08.030.040.0402 (Veterinary Services). 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 would operate in a manner that is clean and consistent with retail uses by adopting and adhering to sanitation procedures. In addition, the facility does nut include kenneUboarding facilities, and would therefore be compatible with surrounding land uses. 3. 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 as both retail uses and veterinary services require a minimum of 5.5 spaces per 1,000 gross square feet of floor area. Since veterinary services have the same parking demand ratio as retail services, staff has determined the proposed use is consistent with the approved parking study. and can be accommodated on-site. 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and .improved to carry the traffic. in the area because the project would. be operate in a manner consistent with other retailloffice uses in the area 5. That the granting of the conditional use permit under the conditions imposed, will not be detrimental to the health. and safety of the citizens of the City of Anaheim. 6. That "' indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal; and does hereby find that the Negative Declaration previously approved in connection with the previously-approved commercial center under Conditional Use Permit No. Cr\PC2006- -1- PC2006- 2005-05028, is adequate to serve as the required environmental documentation in connection with this request upon finding. that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial. evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby 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 grooming services and boarding facilities are not permitted as part of this facility's operation 2. That the hours of operation shall be limited. to: e Monday through Friday, from 9 am to 12 pm and from 3 pm to 6 pm; • Saturdays, from 9 am to 12 pm; • Sundays, closed. 3. That no animals shall be boarded in the facility over night. 4. That the procedure provided as follows shall serve as guidelines for Anchor Animal Hospital staff and customers to maintain cleanliness of the Anchor Animal Hospital and surrounding parking areas. Said guidelines may be amended with the approval of the Planning Services Division provided the intent of said guideline is maintained. • Litter boxes will be located at the exit doors for animals who defecate. • Scoopers will be on-site at all times. • Pet owners of cats will be required. to carry animals out of the hospital in cages. • .Pet owners of dogs will be required to maintain dogs on a leash at all times. • Customers are not allowed to wait outside of the building area with their pets. • In the event of animal defecation, waste shall be discarded immediately, and flushed or placed in sanitized trash receptacles and sealed. • In the event of animal defecation, staff will clean the area with an antiseptic solution for sanitation. • Plastic gloves and paper bags will be provided for pet owners should their animals defecate. • In the event of animal's defecation, pet owners are required to notify staff immediately. • Staff will sweep and clean every two hours during business hours to ensure cleanliness. 5. That mechanical equipment designed to reduce. odor emissions from the interior space shalt be installed for this tenant space and screened from view. Such information shall be shown on plans submitted for building permits. 6. That the property shall be permanently maintained in an orderly fashion by the provision of regular landscaping maintenance, removal of trash or debris,. and removal of graffiti. within twenty four (24) hours from time of discovery. 7. That an Emergency Listing Card, Form ADP-281 shall be completed and submitted in a completed form to the Anaheim Police Department. 8. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning - Department marked Exhibit Nos. 1 and 2, and as conditioned herein. -2- PC2006- 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 No. 5, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal. 10. That prior to final building and zoning inspections, Condition Nos. 7 and 8, above-mentioned, shall be complied. with. 11. That approval of this application constitutes approval. of the proposed. request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 12. That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved. development. 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 September 18, 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 -3- PC2006- 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 September 18, 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 -4- PC2006- Attachment -Item No. 7 Sanitation Procedures Anchor Animal Hospital We value our site location, and as a responsible tenant would. ask that you, our clients consider the same. It is extremely import to the City of Anaheim and our neighboring tenants that we maintain cleanliness to the utmost standards. The procedure provided herein will serve as a guideline to maintain cleanliness of the Anchor Animals Hospital and surrounding parking: areas. In effort to maintain cleanliness and sanitation, this prevention plan will be implemented by the Anchor Animal Hospital. Both customers and staff are responsible to adhere to the guidelines as noted below Guidelines 1. Litter boxes will be located at the exit doors for animals who defecate. 2. Scoopers will be on site at all times. 3. Pet owners of cats will be required to carry animals out of the hospital in cages and be escorted by staff. 4. Pet owners of dogs will be required that dogs remain on leash at all times. 5. Customers are not allowed to wait outside of the building area with their pets. 6. In the event of animal defecation,. waist will be discarded immediately, and flushed or placed in sanitized trash receptacles and sealed.. 7. Further, in the event of animal defecation, staff will clean up with antiseptic solution aerosol for sanitation. 8. Plastic gloves and paper bags will be provided for pet owners should their animals defecate. 9. In the event of animal's defecation,. pet owners are required to notify staff immediately. 10. Staff will sweep and clean every two hours during business hours to ensure cleanliness, both the interior and exterior of the facility. Attachment. -Item No. 7 RESOLUTION NO. PC2005-156 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005-05028 BE GRANTED (1131 WEST LINCOLN AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: LOTS 29 TO 36 INCLUSIVE IN BLOCK 4 OF SUMMERFIELD AND POOENHEIMERS SUBDIVISION OF THE SPOERL TRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 19, PAGE 44 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 31, 2005 at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the November 28, and December 12, 2005 Planning Commission meetings; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf,. and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposal to construct a 3,897 square-foot, three unit commercial retail center including adrive-through coffee shop (Starbucks) under authority of Code Section No. 18.08.030.010, with waivers of the following, is properly one for which a conditional use permit is authorized: (a) SECTION NO. 18.08.060.010.0102 Minimum landscaped setback adjacent to an arterial (15 feet required;. 6 feet proposed) (b) SECTION NO. 18.42.040.010 Minimum number of parking spaces _(53 required; 22 proposed and' recommended by Staff) (c) SECTION NO. 18.42.080.020 Drive-through lane location (Drive-through lane not permitted within setback; drive-through. lane proposed in setback) 2. That the above-mentioned waivers (a) and (c) are hereby approved as the site is uniquely constrained by having frontage on two public streets and a public alley, resulting in a greater obligation for setback area than other identically zoned properties within the vicinity. Additionally, the neighboring properties to the east and west provide no landscape setback,. whereas this request includes the provision of six feet of landscaping along Lincoln Avenue.. 3. That the above-mentioned waiver (b) is hereby approved based upon the submitted parking analysis prepared by Kunzman Associates, Inc., dated September 20, 2005. The City's independent Traffic Cr\PC2005-156 -1 _ PC2005-156 Consultant has reviewed the parking analysis and has determined that the proposed parking area referenced in the study would be sufficient for the proposed uses on the property. 4. That the parking 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 reasonable foreseeable conditions of operation of such use, since the observed parking demand of similar commercial centers (Garden Grove, Westminster, and Santa Ana) indicate that this site would potentially require an actual demand ranging from 13 to 19 parking spaces during peak demand. The project would provide a total of 22 parking spaces. As a result, the project would provide adequate off-street parking to accommodate alt vehicles attributable to the project under normal operation. 5. 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 study, the project will provide. adequate parking on-site to accommodate parking demand. under normal operation. As demonstrated in this parking study, the project will provide adequate parking on-site to accommodate parking demand under normal operation. The site is expected to contain a surplus of lwo to nine spaces during peak operation; therefore,. no impact upon on-street parking is anticipated as a result of this use. 6. That the waiver, under the conditions imposed, if any, wilt not increase the demand for parking spaces upon adjacent private property in the immediate vicinity of the proposed use as the property will provide adequate parking to accommodate actual parking demand. The project will provide adequate parking on the project site to accommodate its parking generation. The site will accommodate peak demand with only 59%-86% of on-site parking. spaces utilized. No demand for parking on adjacent private property is forecasted. 7. .That the waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for such use since an existing driveway along Carleton Street would be removed and access would be gained directly from the alley to the north. Ingress and egress on Lincoln Avenue would be right inlright out only. Therefore,. traffic congestion would not be anticipated with implementation of the project. 8. 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 as the parking study has demonstrated that the site can accommodate the combined uses on site; 9. That the granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. 10. That two people indicated their presence at said public hearing in support; and that a letter was received in support and a petition with 84 signatures jn support was received from the applicant; and that no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to construct a 3,897 square-foot, three unit commercial retail center including adrive-through coffee shop (Starbucks) with waivers of (a) minimum landscaped setback, (b) minimum number of parking spaces, and (c) location ofdrive-through lane; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. -2- PC2005-156 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 at no time shall the Starbucks provide lunch service. 2. That the Subway sandwich shop shall not open for customers prior to g a.m. 3. That no additional. restauranUfood service uses shall be allowed beyond what is indicated on the approved plan. 4. That if the Starbucks or Subway uses change, an updated parking study shall be provided to the Planning Services Division for review and approval by staff to determine whether the assumptions contained in the original parking study are stilt valid. Any decision by staff may be appealed to the Planning Commission as a "Reports and Recommendations' item.. 5. That no video, electronic or other amusement devices shall be permitted. on the premises. 6. That all public phones shall be located inside the building. 7. That adequate lighting of parking. lots, driveway, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings shall be provided with lighting. of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe,. secure environment for all persons, property, and vehicles on- site. Said 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 decorative and a maximum of 12-feet in height. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 8. That all trash generated from the 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. 9. 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 10. That no roof-mounted balloons or other inflatable devices shall be permitted on the property. 11. That no outdoor vending machines shall be permitted on the property. 12. 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. 13. That there shall be no outdoor storage permitted on the premises. 14. That the property owner shall submit a letter to the Planning Services Division requesting termination of Conditional Use Permit No. 720 (to permit an existing service station within 75 feet of residential zone and not at an intersection. of two arterials). 15. That roof-mounted equipment shall be screened from view in accordance with the requirements of Anaheim Municipal Code Section 18.36.170 pertaining to the C-G (General Commercial) Zone. Said information shall be specifically shown on plans submitted for building permits. 16. That the property shall be permanently maintained in an orderly fashion by the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. _3_ PC2005-156 17. That the number of tenant spaces for this commercial retail. center shalt be limited to three (3). Said information shall be specifically shown on plans submitted for building permits. 18. That final sign plans shall be submitted to the Planning Services Division for review and approval as to placement,. design and materials of all proposed on-site signage. The signage shall be designed to complement the architecture of the commercial retail center. Any decision by staff may be appealed to the Planning Commission as a "Reports and Recommendations" item. 19. That all backflow equipment shall be located above ground and outside of the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback area in a manner fully screened from alf public streets and alleys. Said information shall be specifically shown on plans and approved by the Water Engineering Department. 20. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonments of existing water services and fire Tines, shall be coordinated through Water Engineering. Division of the Anaheim Public Utilities Department. 21. 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. 22. 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. 23. 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 Controt 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. 24. That prior to issuance of a certificate of occupancy, the applicant shall: • Demonstrate that all structural BMPs described. in the Project. WOMP have been constructed and installed. in conformance with. approved plans and specifications. • Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WOMP. • Demonstrate that an adequate number of copies of the approved Projects WOMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. -4- PC2005-156 25. That the City of Anaheim Sewer Impact Mitigation fee for the Old Town/ Basin 8 Area shall be paid. 26. That the curb radius at Lincoln Avenue and Carleton Avenue shall be designed with a 25' radius and a sidewalk access ramp w/ truncated domes per Public Works Standard Detail 111. The existing radius and ramp shown on the site plan do not conform to City standards. Said information shall be specifically shown on plans submitted for building permits. 27. That prior to grading plan approval, the applicant shall submit a Drainage Study prepared by a registered professional Civil Engineer in the State of California. The Study shall be based upon and reference the latest edition of the Orange County Hydrology Manual and the applicable City of Anaheim Master Plan of Drainage for the project area. All drainage sub-area boundaries per the Master Plan for Drainage shall be maintained. The Study shall include: an analysis of 10 and 100-year storm frequencies; an analysis of all. drainage impacts to the existing storm drain systembased upon the ultimate project build-out condition; and address whether off-site and/ or on-site drainage improvements (such as detention/ retention basins or surface runoff reduction) will be required to prevent downstream properties from becoming. flooded, 28. That the alley shall be improved per Public Works Standard Detail No. 131 (10-foot''/z width. measured from the alley centerline.) Said information shall be specifically shown on plans submitted for building permits. 29. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.). Said information shall be specifically shown on plans submitted for building permits. 30. That the property ownerldevelopersholl provide the City of Anaheim with a public utilities easement to be determined as electrical design is completed. 31. That any required relocation of City electrical facilities shall be at the developer's expense. 32. 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 walllfence location. 33. 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. 34. 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. 35. 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 36. 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 shalt 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. 37. That the project shall provide an on-site loading area for truck delivertes to be lo~.ated such that said. __.._ .. area will not be visible from Lincoln Avenue. Such information shall be specifically shown on plans submitted for building permits. -5- PC2005-156 38. That an Emergency Listing Card, Form ADP-281 shall be completed and submitted in a completed form to the Anaheim Police Department. 39. That final elevation plans shall be submitted to the Planning Services Division. Said plans shall be designed to preclude the visibility of interior storage for the individual tenants from Lincoln Avenue. Any decision by staff may be appealed to the Planning Commission as a "Reports and Recommendations' item. 40. That all plumbing or other similar pipes and fixtures located pn the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits. 41. That a final landscape plan shall be submitted to the Planning Services Division for review and approval. Said plans shall specify the following: • The size, type, and location of all trees, shrubs, and ground cover proposed for the site. • Minimum 24-inch box sized trees, and clinging vines along. all perimeter block walls and landscaped fingers every ten (10) parking stalls. • A three-foot high solid hedge along the interior side of the landscape setback adjacent to the drive-through lane. • Trees within the parking:"area evenly distributed within all proposed landscaped fingers. Any decision by staff may be appealed to the Planning Commission as a "Reports and Recommendations' item. 42. 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 5, and as conditioned herein. 43. 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. 7, 12, 14, 1b, 17,18, 19, 21, 25, 26, 28, 29, 30, 32, 33, 34, 35, 36, 37, 39, 40, and 41, 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. 44. 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 Nos. 23 and 27 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. 45. That prior to final building and zoning inspections, Condition Nos. 24, 38, and 42, 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. 46. 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. 8E 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 -6- PC2005-156 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 December 12, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. (ORIGINAL SIGNED BY GAIL EASTMAN) CHAIRMAN. ANAHEIM PLANNING COMMISSION ATTEST: (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 6, 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 December 12, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, KARAKI, ROMERO, VELASOUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAINED: COMMISSIONERS: PEREZ IN WITNESS WHEREOF, I have hereunto set my hand this day of 2006. (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION .7- PC2005-156 Attachment -Item No. 7 RESOLUTION NO. PC2006-57 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION AMENDING RESOLUTION NO. PC2005-156 ADOPTED IN CONNE('TION WITH CONDITIONAL USE PERMIT NO. 2005-05028 (1131 WEST LINCOLN AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verifieG Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: LOTS 29 TO 36 INCLUSIVE IN BLOCK 4 OF SUMMERFIELD AND POOENHEIMERS SUBDIVISION OF THE SPOERL TRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 19, PAGE 44 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY. WHEREAS, on December 12, 2005, the Anaheim Planning Commission did, by its Resolution No. PC2005-156, grant Conditional Use Permit No. 2005-05028 to construct a 3,897 square-foot, three unit commercial retail center including adrive-through coffee shop (Starbucks) waivers of the following: (a) SECTION NO. 18.08.060.010.0102 Minimum landscaped setback adjacent td an arterial (15 feet required; 6 feet proposed) (b) SECTION N'O. 18.42.040.010 Minimum number of oarking spaces (53 required; 22 proposed and recommended by Staff) (c) SECTION NO. 18.42.060.020 Drive-through Zane location (Drive-through lane not permitted within setback; drive-through lane proposed in setback) WHEREAS, Resolution No. PC2005-156, adopted in connection with subject conditional use permit, includes the following condition of approval: "1. That at no time shall the Starbucks provide lunch service." WHEREAS, the applicant has requested to amend said condition of approval to read: "1. That at no time shall the Starbucks sell non-beverage lunch items that are freshly prepared on premises " WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 26, 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 amendment and to investigate and make findings and recommendations in connection therewith; and that said hearing was continued from the June 12, 2006, Planning Commission meeting; and WHEREAS, said Commission., after due inspection,. investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and. determine the following facts: -- - 1. That the request to amend a condition of approval pertaining to lunch service at a previously- approved drive-through coffee shop (Starbucks) to permit the incidental sales of pre-packed non-beverage lunch CR\PC2006-57 -1- PC2006-57 items is properly one for which a conditional use permit is authorized under the authority of Code Sections 18.08.030.040.0402 (Drive-through Facilities) and 18.60.190.030 (Amendment of Permit Approval). 2. That the incidental sales ofpre-packed non-beverage lunch items will not adversely affect the adjoining land uses or the growth and development of the area because the previously-approved parking demand study demonstrated the site provided three spaces above the projected actual peak demand for the site, and staff believes that the sale of pre-packed lunch items would not generate additional on-site parking demand greater than the spaces provided on-site since the supplemental information provided by Starbucks demonstrates sandwich sales are a very small portion of overall sales in any given period (between. 1..06-2.03%), and consist, on average, of approximately ten sandwiches sold per day. 3. That the granting of the conditional use permit and modifications under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Pnaheim. 4. That the traffic generated by the modified use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because most sandwich sales are in combination with a beverage purchase, which demonstrates that sandwich sales would not significantly increase the need for on-site parking or increase in vehicle trips to the site. 5. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 2005-05028 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby amend, in its entirety, the conditions contained in Resolution No. PC2005-156 to read as follows: 1. That at no time shall the Starbucks sell food items that are freshly prepared on-premises. 2. That the Subway sandwich shop shalt not open for customers prior to 9 a.m. 3. That no additional restauranVfood service uses shall be allowed beyond what is indicated on the approved plan. 4. That if the Starbucks or Subway uses change, an updated parking study shall be provided to the Planning Services Division for review and approval. by staff to determine whether the assumptions contained in the original parking study are still valid. Any decision by staff maybe appealed to the Planning Commission as a "Reports and Recommendations" item. 5. That no video,. electronic or other amusement devices shall be permitted on the premises. 6. That all public phones shalt be located inside the building. 7. That adequate lighting of parking lots., driveway, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises. during the hours of darkness and provide a safe, secure environment for all persons, property, and ' vehicles on-site. Said 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 decorative and a maximum of 12-feet in height. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division _.:..~ aPProvaL 8. That all trash generated from the 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 -2- PC2006-57 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. 9. 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.. 10. That no roof-mounted balloons or other inflatable devices shall be permitted on the property. 11. That no outdoor vending machines shall be permitted on the property. 12. 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 shalt not be visible from the streets or adjacent properties. Said information shall. be specifically shown on plans submitted for building permits. 13. That there shall be no outdoor storage permitted on the premises. 14. That the property owner shall submit a letter to the Planning Services Division requesting termination of Conditional' Use Permit No. 720 (to permit an existing service station within 75 feet of residential zone and not at an intersection of two arterials). 15. 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 shalt be specifically shown on plans submitted for building permits. 16. That the property shall be permanently maintained in an orderly fashion by the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 17. That the number of tenant spaces for this commercial retail center shall be limited to three (3). Said information shall be specifically shown on plans submitted for building permits. 18. That final sign plans shall be submitted to the Planning Services Division. for review and approval as to placement,. design and materials of all proposed on-site signage. The signage shall be designed tc complement the architecture of the commercial retail center. Any decision by staff may be appealed to the Planning Commission as a "Reports and Recommendations" item. 19. That all backflow equipment shall be located above ground and outside of the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall. be specifically shown on plans and approved by the Water Engineering .Department. 20. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonments of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department 21. 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 lnformation shall be specifically shown on plaris submitted for building permits. 22. That all existing water servides and fire lihes shall conform to current Water Service Standards Specifications. Any water service and/or 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 rieeded. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service of fire line. 23. 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 Pian that: -3- PC2006-57 • 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. 24. That prior to issuance of a certificate of occupancy, the applicant shall: • Demonstrate that all structural BMPs described in the Project WOMP have been constructed. and installed in conformance with approved plans and specifications. • Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WOMB • Demonstrate that an adequate number of copies of the approved Projects WOMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for aIF structural BMPs. 25. That the City of Anaheim Sewer Impact Mitigation fee for the Old Townl Basin 8 Area shall be paid. 26. That the curb radius at Lincoln Avenue and Carleton Avenue shall be designed with a 25' radius and a sidewalk access ramp wl truncated domes per Public Works Standard Detail 111. The existing radius and ramp shown on the site plan do not conform to City standards. Said information shall be specifically shown on plans submitted for building permits. 27. That prior to grading plan approval, the applicant shall submit a Drainage Study prepared by a registered professional Civil Engineer in the State of California. The Study shall be based upon and reference the latest edition of the Orange County Hydrology Manual and the applicable City of Anaheim Master Plan of Drainage for the project area. All drainage sub-area boundaries per the Master Plan for Drainage shall be maintained. The Study shall include: an analysis of 10 and 100- yearstorm frequencies; an analysis of all drainage impacts to the existing storm drain system based upon the ultimate project build-out condition; and address whether off-site and/ or on-site drainage improvements (such as detention/ retention basins or surtace runoff reduction) will be required to prevent downstream properties from becoming flooded. 28. That the alley shall be improved per Public Works Standard Detail No. 131 (10-foot Y: width measured from the alley centerline.) Said information shall be specifically shown on plans submitted for building permits. 29. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall. be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.). Said information shall. be specifically shown on plans submitted for building permits. 30. That the property owner/developer shall provide the City of Anaheim with a public utilities easement to be determined as electrical design is completed. 31. That any required relocation of City electrical facilities shalt be at the developer's. expense. -4- PC2006-57 32. 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. 33. 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 [o parking standards and. driveway location. Subject property shall thereupon be developed and maintained in conformance with said plans. 34. 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. 35. 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. 36. 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.. 37. That the project shall provide an on-site loading area. for truck deliveries to be located such that said area will not be visible from Lincoln Avenue. Such information shall be specifically shown on plans submitted for building permits. 38. That an Emergency Listing. Card, Form ADP-281 shall. be completed and submitted in a completed form to the Anaheim Police Department. 39. That final elevation plans shall be submitted to the Planning Services Division. Said plans shall be designed to preclude the visibility of interior storage for the individual tenants from Lincoln Avenue. Any decision by staff may be appealed to the Planning Commission as a "Reports and Recommendations" item. 40. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials. Said information shall _,be specifically shown on the planssubmitted for building permits. 41. That a final landscape plan shall be submittetl to the Planning Services Division for review and approval. Said plans shall specify the following: The size, type, and' location of all trees, shrubs, and ground cover proposed for the site. e Minimum 24-inch box sized trees, and clinging vines along all perimeter block walls and landscaped fingers every ten (10) parking stalls. A three-foot high solid hedge along the interior side of the landscape setback adjacent to the drive-through lane. Trees within [he parking area evenly distributed within all proposed landscaped fingers. Any decision by staff may be appealed to the Planning Commission as a "Reports and Recommendations" item. 42. 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 5, and. as conditioned herein. 43. That pdor 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. 7, 12, 14, 15, 17, 1 B, 19, 21, 25, 26, 28, 29, 30, "" 32, 33, 34, 35, 36, 37, 39, 40, and 41, 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. _5_ PC2006-57 44. 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 Nos. 23 and 27 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. 45. That prior to final building and zoning inspections, Condition Nos. 24, 38, and 42, 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 Muntcipai Code. 46. 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. 47. That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant. progress toward establishment of the use or approved development BE IT FURTHER RESOLVED that the Anaheim Planning Commissicn 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 June 26, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal (ORIGINAL SIGNED BY CECILIA FLORES} CHAIRMAN PRO TEMPORE, ANAHEIM PLANNING COMMISSION ATTEST: (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -6- PC2006-57 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 June 26, 2006, by the following vote of the members thereof:. AYES: COMMISSIONERS: BUFFA, FAESSEL, FLORES, KARAKI, ROMERO, VELASOUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: EASTMAN 2006. IN WITNESS WHEREOF, P have hereunto set my hand this day of (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION _7_ PC2006-57 s,9 2~ RM-4 RCL 81-82-06 ~ RCL 66-86-09 ~ -9 RCL 60-61-32 2-9 OCUP 963 VACANT HAMPTON P04NT APARTMENTS y 204 ou OS- Fs r ~ ~ ~ RCL 60-61-32 T 9G V ANT F T LABO RATORY \ ORANGEWOOD AVE ~- 336 ' -~ RS-3 " RCL 67-68-91 ` ~- '~ °~' ~ ' `' ~ ~ 1 DU EA. ' ~.' ` ' z; ~ . s~ ., ~` ~ ~ to - ~ i RM-4 1- " ~ TTM 17092 t ~'. L7 4 RCL 67-88-31 yx ,~ ~ , ~~ - SCUP 2006-08126 ~~'a ` ~ „ ~ r ~ y~, VAR 3738 ~' ~ a ~' s ;.APARTMENTS ;,z ~ U1 ~ ~ r 132 DU ~~ y K O U Q Conditional Use Permit No. 2006-05126 Tentative Tract Map No. 17092 Requested By: SUNRISE FOUNTAINS APARTMENTS LLC 2100 South Lewis Street 10123 C-G \ RCL 71-72-29 CUP 2046 VAR 3194 Y' T CUP 3606 CUP 2141 CUP 2043 VAR 3177 CUP 1136 MELROSEABBY CEMETERY Subject Property Date: September 1 B, 2006 Scale: 1" = 200' Q.S. No. 109 Staff Report to the Planning Commission September 18, 2006 .Item No. 8 8a. CEQA NEGATIVE DECLARATION • 8b. WAIVER OF CODE REQUIREMENT Sc. CONDITIONAL USE PERMIT N0.2006-05126 8d. TENTATIVE TRACT MAP NO. 17092 (Motion for Continuance) SITE LOCATION AND DESCRIPTION: (1) .This irregularly-shaped, 3.63-acre property is located at southeast corner of Lewis Street and Orangewood Avenue, having frontages of 418 feet on the east side of Lewis Street and 338 feet on the south side of Orangewood Avenue (2100 South Lewis Street). ...REQUEST: (2) ..The applicant requests approval of the following: (a) Conditional Use Permit No. 2006-05126 - to convert a 132-unit apartment complex into a 132-unit residential condominium complex under authority of Code Section Nos. 18.06.030.090 and 18.38.100.020 (Conversion of Existing Multiple Family Structures) with waivers of (a) minimum lot area per dwelling unit, (b) minimum landscaped setback abutting an arterial, (c) minimum landscaped and structural setback abutting an interior property line, (d) minimum setbacl's between buildings, (e) maximum.wall length and (f) minimum type and dimension of parking spaces (b) Tentative Tract Map No. 1.7092 - to establish a 1-lot 132 unit airspace attached residential condominium subdivision.. BACKGROUND: (3) This property is developed with an apartment complex and is within the RM-4 (Multiple- Family Residential) Zone. The Anaheim General Plan designates this property and .properties to the north for Medium Density Residential land uses. The Anaheim General Plan. designates properties to the south for Open. Space and properties to the west (across Lewis Street) for Low Density Residential land uses. The Interstate 5 is located across Manchester Avenue to the east. (4) The applicant has submitted the attached letter dated September 5,.2006, requesting a continuance to the October 16, 2006. The continuance is intended to allow additional time to coordinate tha proposal. with. staff. RECOMMENDATION: {5) Staff recommends the Planning Commission, continue this item. to the October 16, 2006, Commission meeting as requested by the applicant. Srcup2006.05121jpryc091806 Page 1 Attachment -Item No. 8 Sunrise Fountain Apartments, LLC do Consenys Properly Management 1380 S. Anaheim Boulevard Anaheim, CA 92805 September 5, 2006 Mr. John Ramirez City of Anaheim Planning Department Planning Services Division 200 S. Anaheim Blvd. Anaheim, CA 92805 RE: Sunrise Fountains Apartments -Applications For Conditional Use Permit and Tentative Map Dear Jobn: Sunrise Fountains Apartments, LLC -the applicant for the Sunrise Fountains condominium conversion -has authorized me to request that the hearing before the Planning Commission be re-scheduled from 9/18/06 to 10/16/06. Please let me know if you need any additional information in order to grant the applicant's request. Thank your for your help. Sinc ly, D vid VJ. ix Agent for Sunrise Fountains Apartments, LLC DWN/mmi cc: Rick Rodriguez Item No.' RCL 66-E7.14 p '. RCL 62-63-fii RCL 56-57-86 j RCL 66-67-14 MIS SUP T3 rn RCL 56-57-86 SMALL IND. ^~ MIS SUP 73 FIRMS RM-2 RCL 88-89-08 CUP 1872 VAR 4007 VAR 3829 CONDOS 18 DU lY Y U m m v= C7 `;'n~ moo= JO U~ ry oA,,~ PLUMEING SrD~wsO• ONTRACTC c SFr ~GQ ~~ `~ I 39Sgb4 SOUTHERN PACIFIC RAILROAD ~_ WPY A~ BR~ ao~ ~- 1so~-~ F °s I CUP 3557 I i CUP 1408 u~ VAR 3906 I r =- TRUCN REPAIR x INDUSTRIA cuP `- I PARK 2006-05123 T-CUP I \ 2003-04P 5 I ~ z66z-04sm ~ v T-CUP b ~ri.~e9fi SMALL P01 mcmurnw• uuNlrwxce AUTO __ ELECR2IC ORY CLEANERS MABLE STREET RCL 56-5 -86 CUP 1463 \ PAINT CONTAACTOFS I m P RCL 1 Dl Conditiohal Use Permit No. 2006-05123 Requested By: BOBBY LEVELL GILBERT JR TONI LAISNE GILBERT 1514 West Broadway REPAIR AUTO Q WHOLESA Q a J AUTO WHOLESALE Z W MARBLE O SHOP SMALL RESTAURANT CUP 1629 SHOPS AVTO REPAIR ccII~~ COMMERCIAL PAINT 437 RESEARCH MALLSERVICE SMALL SHOP SMALL SERVICE Y SHOPS Q ML ¢. MAR61EncRANrrE SHOP ano wHOU¢sAU; 9ALE5 W V 40SET NSTALLATION SHOP AliTO IXHAUST MANUFACTURER pl SM SELF STORAGE ~( INDUSTRIAL GENERAL FIRMS CONTRACTOR B ~„„ Subject Properly Date: September 18, 2006 Scale: 1" = 200' Q.S. No. 63 10118 I TPM 2001-132 RCL 56-57-86 CUP 2004-04907 (T-CUP 2001-04478) (CUP 41fiS) (CUP 4139) ~ IND. FIRM N RS-3 ID RCL 70-71-43 1 DU EACH ELM AVE CO TEDMAR AVE D: Conditional Use Permit No. 2006-05123 Requested By: BOBBY LEVELL GILBER7 JR TONI LAISNE GILBERT 1514 West Broadway Subject Property Date: September 18, 2006 Scale: 1" = 200' Q.S. No. 63 70118 Ju1V 2005 Staff Report tc the Planning Commission September 18, 2006 Item No. 9 9a. CEQA NEGATIVE DECLARATION (Motion) 9b. WAIVER OF CODE REQUIREMENT (Motion) 9a CONDITIONALUSE PERMIT N0. 2006-05123 ; {Resolution) SITE LOCATION AND DESCRIPTION: j1) -This 1-acre, irregularly-shaped property has a frontage of 40 feet on the south side of ..:Broadway, a maximum depth of 460 feet, and located 160 feet west of the centerline of Vessel Street (1514 West Broadway - B & J's Tree Service) REQUEST: (2) -The applicant requests approval of a conditional use permit to permit and retain a tree service contractor's storage yard with modular office building under authority of Code Section Nos 18:10.030.040.0402 {Outdoor Storage Yard) and 18.10.030.080. (Temporary Modular Units) with waivers of the following:.. (a) SECTION N0: 18,10.060.020.0201 Minimum landscape setback. 20 feet landscape required; 10 feet exist'ng) {b) SECTION NO. 18.46:110.090 Enclosure of outdoor uses. {solid masonry wall required; chain. link with scrim proposed) BACKGROUND: (3) This property is developed with a tree service contractor's yard and is zoned L (Industrial). The Anaheim .General Plan Land designates this property for Industrial lahd uses Properties to the north are designated for General Commercial land uses; properties to south, east, and west are designated for Low Medium Density Residential land uses. PREVIOUS ZONING ACTIONS: (4) Conditional Use Permit No. 3790 (to permit a tree service contractor's storage yard with. a modular office building with waivers of (a) required screening pf outdoor uses, and (b) minimum yard area abutting a )peal street) was approved by the Planning Commission on September 18, 1995. On September 25, 2000, at the request of the Community Preservation Division, the Planning Commission initiated the revocation. or modification of this conditional use permit, based on non-compliance with conditions of approval for the ree service contractor's storage yard. On January 3, 2001, tha.Planning Cpmmission amended the conditions of approval in their entirety and also added a six (6) month time limitation to expire in July 200E The applicant initiated an appeal of the item to the City Council and on April 17, 2001, and the City Council reversed the decision. of the Planning Commission with a six (6) month time limitation to expire on October 17, 2001. The permit was subsequently reinstated wice on June 4, 2002, and November 3, 2003, for two year increments and expired on October 17, 2005. Since the request for reinstatement was not submitted within the permitted timeframe, Code requires the application of a new conditional use permit.. Srcup2006-05123k1w.doc Page 1 Staff Report to the Planning Commission September 18, 2006 Item No. 9 PROPOSAL: (5) The applicant is proposing to permit and retain a tree service contractor's storage yard with a temporary modular office building. There is no new construction associated with this proposal (6) The site plan (Exhibit No. 1) indicates that the tree service contractor's storage yard consists of an accessory 800 square foot modular office building, a wood storage area adjacent to Broadway, six (6) roll-off units, six (6) storage containers, tree service equipment and. service trucks in the rear. In addition, the applicant intends to conduct outdoor vehicle and equipment maintenance within the yard as necessary. (7) Vehicle access is provided by a twenty (20) foot wide driveway along the abandoned right- of-way (formerly Adams Street) connected to Broadway. The siteplan indicates six (6) parking spaces for employees and four.(4) parking spaces for service trucks for a total of ten (10) parking spaces. Plans further indicate spaces for equipment storage as well as the placement of several storage containers adjacent to the south and west property lines. Code requires a minimum of 7 parking spaces based upon the following: Use ,Square ' i Feet Code Required Parking Ratio Code Required :Parkin Office Buildin 800 4 er 1,000 s.f, of GFA 3 Service Vehicles N/A 1 per service vehicle 4 Total 7 (8) The site plan indicates an existing 10-foot wide landscaped setback adjacent to Broadway with one (1) eucalyptus tree and one (1) melalevca tree. Cade requires a total of two (2) trees for this 40-foot wide property based on the. requirement of 1 tree per 20 linear feet of streef frdntage. `Site inspections confirmed existing Italian Cypress trees along the 240 feet ' of ftontage along'the west propertyline adjacent td the Southern PacificRailroad right-of- way which provides a buffer of the storage yard to the adjacent single-family residences. The site plan does not indicate any additions to the existing landscape area. (g) Plans indicate an existing 6-foot high chain link fence with mesh (non-slatted) to screen the outdoorLses and storage from public biew along Broadway, the alley,'Southern Pacific "Railroad right-of-way, and the jndustrialproperty to the south.'Site inspections and plans. further indicate razor and barbed wire below the height of the chain link fience where visible to the public right-of-way and razor and barbed wire above the fence in the rear. (10) Sign plans were not submitted as part of this application. Site inspections confirmed there `are nd existing freestanding or wail. signs for the business. Code prohibits. signs to be affixed or painted bn fences or walls other than. building walls. Page 2 Staff Report to the Planning Commission September 18, 2006 Item No. 9 (11) The submitted letter of operation indicates the hours of operation for the outdoor tree service yard are 7 A.M: 0 5 P.M., ,Monday through Saturday with a maximum of ten (10) employees. The applicant indicates that the primary use of the contractor's yard is the storage of trucks, equipment, andiwood. The applicant further thdicatesthat the storage of firewood and andscape trimmings. take place on an interim basis within the contractor yard. The green waste is disposed of off-site at regular intervals. The firewood would be sent to another facility for sale and distribution; retail sales of firewood would not be conducted at 'this site. ENVIRONMENTALIMPACTANALYSIS: r; ?(12) Staff has reviewed the proposal to permit a tree service contractor's storage yard with a modular office building and the Initial Study,(a copy of which is available forYeview in the Planning Department) and finds no significant environmental impact and, #herefore, recommends'that aNegative Declaration be`approved upon a finding by the Rlanning Commission that the Negative Declaration reflects the ndependentjudgmeht 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: (13) Contractor's storage yard with a modular office building (including the outdoor storage of :trucks, equipment, storage containers, wood stockpile, ahd maintenance), are permitted in the I Zonesubject to the approval of a conditional use,permit. (14) Waiver (a) pertains to the minimum landscape setbacKadjacent to an arterial highway. Code requires a 20-fooEwide landscaped setback along arterial. highways and plans indicate an existing setback of 10`feet adjacent to Broadway. The applicanfhas submitted the attached Justification of Waiver form indicating that. the narrow width of the property results in unique circumstances. Staff believes that there are special circumstances ? applicable to the property to justify the minimum landscape waiver due to the narrow frontage and the existing density of landscaping alohg Broadway:; F~~rthermore, as seen in the aerial on the following page, adjacent industrial properties east of the subject property have similarly landscaped setbacks along Broadway, 7anging between 8 to 30 feet wide. Therefore,"staff recommends approval of the waiver. In order to further screen the subject use from vehicular traffic along Broadway, staff has included a conddion forthe addition of tall hrubbery adjacentto the existing fence.' Page 3 Staff Report to the Planning Commission September 18, 2006 Item No. 9 Staff Report to the Planning Commission September 18, 2006 Item No. 9 (15) Waiver.. (b) pertains to required enclosure of outdoor uses:. Code requires a minimum 6-foot high (or higher) solid masonry or building wall in order to screen the outdoor storage use. Plans indicate an existing 6-foot high chain link fence with a mesh screen. The applicant proposes o retain the existing chain. link fence with mesh as seen in the previous photograph: As indicated on the ite plan, the wood and plant debris gathered from. the operation would be stored adjacent to Broadway tlirectly behind the fence. Since. the plant debris and wood trimmings are removed on a weekly basis,. the trimmings do not exceed <the height of the screen and are not visible from public view. In addition, the permanent equipment storage and service vehicles are stored to the rear of the property ensuring that ::all outdoor storage would not be visible to vehicular traffic along Broadway.. The property has a very narrow frontage, therefpre the. visibility of the site from the street is minimal and the existing chain link fence with mesh provides adequate screening of the storage yard. In addition, a waiver of required. screening was previously-approved for the fence along the railroad right-of-way. Therefore, staff recommends approval of this waiver. (16) The request to permit an outdoor contractor's storage yard at this location was originally approved in September 1995, without a time limit. In 2001, as a result of a Community Preservation inspections, the Planning Commission initiated the revocation or modification of the conditional use permit due to the poor maintenance of the site. The permit was modified to include a time limitation and general maintenance conditions, including the installation of additional`landsgaping adjacent to the railroad right-of-way to further screen the use from he adjacent residences. In 2002 the permit was reinstated by the City. Council, however, concerns were expressed pertaining to the continued history of violations df conditions of approval and the visibility of barbed/razor wire to thepublic right-of-way. In 2003 the permit was reinstated and expired on October 17, 2005. (17) Staff and Community Preservation have inspected theproperty and found it to be well <maintained and that the use does not appear to be operating in a mariner detrimental to the surrounding area. Theproperty sproperlytnaintained in accordance with thepreviously- approved conditions of approva(and the landscaping installed,adjaceht to the railroad right- of-way and Broadway is in compliance with Code. The maintenance concerns and razor wire visible to thepublic right-of-way brought forward to the Planning Commissionand City Council in the past have been rectified and the business is operating in dompliance with all conditions of approval. All. outdoor storage continues to remain below the existing fence as .required by .Code. Therefore, staff recommends approval of this conditional use permit. application without a time limit. (18) In addition, Community Preservation records indicate that there ere no outstanding complaints pertaining to this property. Staff has included a condition of approval requiring quarterly inspections by Community Preservation staff to ensure the continued proper. maintenance of the property. `FINDINGSi (19) When practical difficulties or unnecessary. hardships .result from.strict enforcement of the Zoning Code, a modification maybe granted for the purpose bf assuring that no property, because of special circumstances applicable to it, shall be deprived. of privileges commonly enjoyed by other properties in the same vicinity and zone. The sole purpose of any variance or code waiver is to prevent discrimination and none shall be approved which would have the effect of granting a special. privilege not shared by other similarproperties. Page 5 Staff Report to the Planning Commission .September 18, 2006 Item. No. 9 Therefore, before any variance or code waiver is granted by the Planning Commission, it shall be shown: (a) That there are special. circumstances applicable to the property such as size, shape,. topography, location or surroundings, which do not apply to other identically ', zoned properties in the vicinity; and {b) That strict application of the Zoning Code deprives the property of privileges enjoyed by other properties antler identical zoning classification in the vicinity.. (20) Before the Planning Commission grants any conditional use permit, It must make a finding bf fact that the evidence. presented shows that all of the following conditions exist: (a) That the use is properly one far which a conditional use permit is authorized by the Zoning Code, or is an unlisted use as defined in Subsection .030 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority); (b) :That the use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed tote located; (c) `That the size and shape of the site for the use is adequate to allow'the full <development of the proposed Lse in a manner'not detrimental to the'particular area or to the health.and safety; (d) That the traffic generated by the use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic In the area; and (e) That the granting of the conditional use permit under the conditidns imposed, if any,'will not be detrimental to the health and safety of the ci+~zens of the City of Anaheim. RECOMMENDATION: (21) Staff recommends that, unless additional or contrary information is received during the meeting, and based upon the evidence submitted to the Commission, ncluding the evidence presented in this staff report, and oral and written evidence presented at the public hearing, the Commission take the following actions: (a) By motion, approve a Negative Declaration for the project. (b) By motion, aoarove waivers pertaining to (a) minimum landscape setback and (b) required enclosure of outdoor uses based on the findings contained in the attached draft resolution. (c) By resolutidn, approve the applicant's proposal to permit and retain a tree service 'contractor's storage yard with a modular office building, by adopting that attached resolution including the findings and conditions contained therein. Page 6 [DRAFT] RESOLUTION NO. PC2006--"' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05123 BE GRANTED (1514 WEST BROADWAY) 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: BEGINNING AT A POINT ON THE SOUTH LINE OF WEST BROADWAY WhiICH SAID POINT IS 40 FEET SOUTH OF A POINT WHICH IS 132.88 FEET EAST OF A CEMENT MONUMENT MARKING THE NORTHWEST CORNER OF LOT 47 OF "ANAHEIM EXTENSION", IN THE CITY OF ANAHEIM, AS SHOWN. ON A MAP OF SURVEY MADE BY WM. HAMEI AND FILED FOR RECORD WITH THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, SAID POINT BEING THE INTERSECTION OF THE SOUTH LINE OF WEST BROADWAY WITH THE WEST LINE OF ADAMS STREET, RUNNING THENCE SOUTH 0° 10' WEST ALONG THE WEST LINE OF SAID ADAMS STREET AND THE CONTINUATION THEREOr 455.75 FEET TO THE SOUTH LINE OF THE TRACT OF LAND CONVEYED TO THE ANAHEIM MANUFACTURING (COMPANY BY DEED RECORDED NOVEMBER 12, 1.920, IN BOOK 378, PAGE 396 OF DEEDS; THENCE SOUTH 88° 5712' WEST ALONG SAID SOUTH LINE 100 .40 FEET TO A POINT ON THE EAST LINE OF THE RIGHT OF WAY OF THE LOS ALAMITOS BRANCH OF THE SOUTHERN PACIFIC RAILWAY; THENCE NORTH 0° 09' WEST ALONG SAID EAST LINE 248.44 FEET TO A POINT AND CONTINUING ALONG SAID RIGHT OF WAY LINE ON A CURVE NORTHEASTERLY. WITH A RADIUS OF 35225 FEET TO AN INTERSECTION ON THE SOUTH LINE OF SAID BROADWAY STREET; THENCE NORTH 88° 55' EAST ALONG SAID SOUTH LINE 34.44 FEET TO THE POINT OF BEGINNING. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 18, 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 alt 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. 18.10.030.040.0402 (Outdoor Storage Yard) to permit and retain a tree service contractor's storage yard with a modular office building with waivers of the following: (a) SECTION NO. 18,10.060.020.0201. Minimum landscape setback. (20 feet landscape required; 10 feet proposed) (b) SECTION NO. 18.4fi.110.090 Enclosure of outdoor uses. ' (solid masonry wall required; chain link with scrim existing) 2. That the above-mentioned waiver (a) is hereby approved because the site is unique due to a narrow frontage abutting Broadway and that the existing density of landscaping is adequate. Additionally, the neighboring industrial properties to the east provide similar landscape setbacks. Cr\PC2006-0 -1- PC2006- 3. That the above-mentioned waiver (b) is hereby approved because the existing 6-foot high chain-link fence with mesh provides adequate screening of the outdoor storage of all service equipment because the equipment is stored in the rear of the property ensuring that all outdoor storage would not be visible to vehicular traffic along Broadway and that there are existing Italian Cypress trees lining the westerly property additionally screening the storage yard and equipment from the adjacent residences. In addition, the property is unique because it has a narrow frontage which reduces the visibility of the interior of the site to the public right-of-way. 4. That the proposed use, as conditioned herein, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed because the site is surrounded by industrial businesses to the east and the Southern Pacific Railroad. right-of-way to the west which serve as a buffer to the existing residences to the west: 5. That the size and shape of the site for the proposed use is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the public health and safety because the storage yard, with the exception of the requested waiver, complies with the applicable development standards for the underlying I (Industriaq zoning;. 6. That granting this conditional use permit, under the conditions imposed', will not be detrimental to the health and safety of the citizens of the City of Anaheim. 7. That "* indicated their presence at said public hearing in apposition; 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; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE,. BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That only equipment, trailers, and vehicles incidental to the tree trimming business or the personal property of the business owner shall be stored at the property in the designated locations as shown on the site plan. Said items shall not be visible from off-site. 2. That plant debris incidental to the tree trimming shall not be mulched or allowed to compost on-site. Plant debris shall be removed on a weekly basis between June and October. Uuring this time, no single pile of debris may remain on the property for longer than seven (7) days prior to total removal of the pile. Plant debris shall be removed within thirty (30) days during the months of November through May. At no time shall plant material or equipment be visible above the fence I:ne. 3. That the sorting and transfer of tree trimming and dead plant debris shall be limited to debris retrieved in the normal operation of the subject tree trimming service; and that no further on-site processing shall be permitted. 4. Thata maximum of six (6) shipping containers and six (6) roll-off bins shall be maintained on-site in the designated areas as shown on the site plan exhibit '5. That the site-screening materials shall be maintained free of tears, holes, rips, and separations. Said material shall be property stretched, not faded and free from graffiti and any paint-out markings. -2- PC2006- 6. That all barbed and. razor wire shall be located on the interior of the property and shall not be visible to the public right-of-way or residentially zoned properties to the west. 7. That any modifications to the fence or materials used for site screening shall be subject to approval by the Planning Services Division. Any decision by staff regarding said fencing materials may be appealed to the Planning Commission as a "Reports and Recommendations"'tem. 8. That all tree trimming equipment shall not exceed the height of the required perimeter fencing. 9. That any oil, fuel, or fluid waste products shall be disposed of in an approved manner. 10. That no retail sales of firewood shall be permitted on-site. 11. That all major engine, equipment, and truck repairs and/or overhauls shall be prohibited at the property and only fluid changes, fire changes. and tune-ups of the tree trimming business vehicles and equipment shall be permitted between the hours of B A.M. and 5 P.M. 12. That the property owner shall pay the cost of Community Preservation Division inspections on a quarterly basis for the duration ofthis permit, dr as deemed necessary for the City's Community Preservation Division to gain and/or maintain compliance with State and local statutes, ordinances, laws or regulations. 13. That the existing chain link gate shall be kept in good repair and shall remain unlocked and open during business hours to provide vehicular and pedestrian access to required on-site parking. 14. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of discovery. 15. That all. existing mature landscaping shall be maintained and immediately replaced in the event that it becomes diseased or dies. 16. That within thirty (30) days from the date of this resolution, final landscape plans shall be submitted to the Planning Services Division. showing the addition of tall shrubbery adjacent to the existing 6-foot high chain-link fence with mesh along Broadway. Said landscaping shall be planted within thirty (30) days from the date of approval 17. That no required parking area shall be used for storage or other outdoor uses. 18. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which. plans are on file with the Planning Department marked Exhibit No. 1, and as conditioned herein. 19. That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 20. ThaC approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. -3- PC2006- 8E 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 September 18, 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 September 18, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT:. COMMISSIONERS: IN W ITNESS W HEREOF, I have hereunto set my hand. this _ day of .2006. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2006- Attachment -Item. No. 9 secrwN a are~ue~r~+ox w'~co~ sEeziora:. AERTAIDiIi~3GTQi~I'Yliis!yf.c;?Y~ I.1(~~~L~`,f t.:: br'tiuthaaa~wl~p~caa ~ai~m$,I~illdlst~atmzir`8loanmg;rduaaY}tfie; 1; 'PfidY' • , •', ~etti;~q~•f~dfal:olia~df~a ' ~;'',pft, ' aiarNga, wilit~ti fl6 na~'9~~"to ~,. Thdt~ItieeeTi'9~'p ;9iicl}:. .,~ ~. erijd~'6kl ~yriptb~'~.~tlet~decEicS~•:, • { ,.. I' •'~.r; `'Ia:oiaer''tu demczg{nb TFevah ape~tE"c>r<i.'®litfril.'mG azi3`v'e9t'•d ,pl~p.+-erls~rtr`ava4trFtka~ . •r T I '{' I' c ill 3' • +Plau 1H ~ectkl, mtCpcda 9tat sPP.~i' I n~..' 9•"' ~i. ..C ~ ]: .. IfSdd'i'an~ich'ur"`YFD~~:"'+,~~^„,'y®;7~khe.'i: . .. ... ~• •::.. .•; ' .,~i r~~ ..I.r~ :3'. 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No. 94 Conditional Use Permit No. 2006-05072 Tentative TracCMap No. 16994 Requested By: KENNETH THOMPSON AND VERA THOMPSON 525 AND 711 East South Street Subject Property Date: September 18, 2006 Scale: 1" = 300' Q.S. No. 94 ~o~zs .- ..... ............. .....D: Staff Report to the Planning Commission September 18, 2006 Item No. 10 10a. 'CEQA ADDENDUM TO EIR NO. 330 <(Motion) 10b. WAIVERS OF CODE REQUIREMENT {Motion} 10c. CONDITIONAL USE PERMIT-N0. 2006-05072 > (Resolution) 104. TENTATIVETRACT,MAPNO.46994 (Motion} SITE LOCATION AND DESCRIPTION: (1) This rectangularly-shaped, 20.36-acre parcel is located at the northeast corner of Olive Street and South Street with frontages of 789 feet on the east side of Olive Street and 1,113 feet on the north side of South Street (525 and 711 East South Street). ; REQUEST: (2) The applicant requests approval of the following: ® Conditional Use Permit No.2006-05072 - to construct a 339 unit single-family attached condominium: planned unit development with modification of development standards and to relocate a legal nonconforming ground-mounted telecommunications antenna under the .authority of Section Nos. 18.Q6.030.040.0402 (Single-Family Attached bwellings), 18.06:160.010 and:18.06.030.040.0402 (Antennas-:Telecommunications -Stealth 'Ground-Mounted) with waivers of the following: (a) SECTION NO. 18.06.040.010 Minimum' lot area per dwellino unit. 2 400 s.f. per unit required; 1558 s:f:perunitproposed). z(b) SECTION N0. 18.06,090.050 Minimum setbacks between huildinas. 40 feet required; 20 to 40 feet proposed). (c) SECTION NO. 18.06.090.060 Maximum wall lenoth. 20 feet permitted; 110 feet proposed). (d) SECTION NO. 18.38.060.0404 Interior setback for telecommunications antenna. (5 ::feet required; 0 feet for equipment room and 2 feet for antenna proposed). (e}SECTION NO. 18.40.060.020 Required Improvement of right-of-wav. 60 foot wide public right-of-way required; 52 to 55 feet proposed}. (f) SECTION NO. 18.46.110.020 Maximum fence height (t3 feet permitted; 14 feet 'proposed). Tentative Tract Map No. 16994 - to establish a 63-lot*, 339-unit, single-family residential attached condominium subdivision. Advedised as a 64-lot. "BACKGROUND: (3) This property is currently developed with concrete tilt up industrial. buildings and a legal nonconforming ground-mounted. telecommunications antenna along the easterly portion of the site. SR-CUP2006-05072eyt .Page 1 Staff Report to the Planning Commission September 18, 20D6 Item No. 10 (4) The current zoning for the site is RM-3 and RM-4 (Multiple Family Residentiap. The General Plan designates this property for Medium and Low-Medium Density Residential land uses. Properties to the north are designated forMedium and Low-Medium Density Residential land uses and have been entitled for 135 semi-attached single-family units; properties to the south (across South Street) are designated for Medium Density Residential and School land Uses; properties to the east (across the railroad tracks) are designated for Medium Density. Residential land uses; and properties to the west are designated for Low Density Residential :land uses. The property is located in the Merged Redevelopment Project Area.. PREVIOUS ZONING ACTIONS: (5) The following zoning actions pertain to this property: (a) .Variance No. 3530 (waiver of maximum number of compact parking spaces and minimum numberpf parking spaces to construct an industrial warehouse facility) was approved by the Planning Commission on January 6, :1986. This entitlement is no longerpeeded and a condition of approval requiring termination has been added. (b) Variance No. 4242 (waiver of minimum number of parking spaces to construct a 49,61b square foot office area within a 406,992 square foot industrial complex) was approved on January 24, 1994. This entitlement is no longer needed antl a condition of approval requiring termination has been added. (c) Administrative Adjustment No. 138 (waiver of maximum fence height to construct a six foot high wrought iron fence within the required setback area) was approved by the Zoning Administrator on April 23, .1998. This ehtitlement is no longe[needed and a condition of approval requiring termination has been added. DEVELOPMENTPROPOSAL: (6) ..The applicant proposes to construct a 339-unit, attached single-family residential subdivision. The 20.3-acre site includes iwo zoning designatiohs, the westerlytwo-thirds of the site (Portion 'A) is zoned RM-3; and the easterly third (Portico B) is zoned RM-4. Development standards and requirements for the RM-3 and RM-4 zones are. consistent, with the exception of minimum lot area, lot coverage and recreational leisure area per dwelling unit. The site plan (Exhibit No. 2) indicates the following: Development '„;" ' proposed Project ~ RAR-3 Zone`Standards RAA-4~Zone Standards ~~Stand ards'-;.. , ~-- Site Area Gross: 20.3 acres N/A N/A Net:13.4 acres' Land Area per Unit `Portion A: 1,822 s:f. 2,400 s.f. minimum 1,200 s.f: minimum 24 d.u./acre net 18 d.u./acre '36 d.u./acre Portion B; 1,585 s.f. 27 d.u./acre net Lot CoJera a 36% 45% 55% RecreationlLeisure Portion A: 79,980 350 s.f./unit 200 s.f./unit Area s.f.; Portion B: (68,600 s.f. required for (28,600 s.f. required for :31,125 Portion A, based on 196 units) Portion 8, based on 143 units) Total Proposed: Total Required for Portion A and B: 97,200 s.f. 111,105 s.f ' Net acreage excludes the public streets and a portion of a future public. park. Page 2 Staff Report to the Planning Commission September 18, 2006 Item No. 10 {7) The site plah indicates the following setbacks:: Proposed Street Direction Setbacks ': Code-Required Street Setbacks Minimum :North (adjacent to Water 10 to 14 feet' 15 feet, fully landscaped 'Street 1South (adjacent to South 10 to 16.6 feet' 15 feet, fully landscaped 'Street Wesf {adjacent to Olive 17 feet 15 feet, fully landscaped `Street Both sides bf Kroeger Street + 10 feet' 15 feet, fully landscaped ro osed ublic street Both sides of Melrose Street 10 feet' 15 feet, fully landscaped ro osed ublic street <Both sides of Atchison Street ? 10 feet` 15 feet„fullyJandscaped ro osed ` rivate street) Modification to standards is allowed in order3o achieve good project design, privacy, '. livability, and compatibility withsurroundjng uses. (ti) The cite plan as deplcted'on the following page, further indicates that the project is comprised of 45 individual buildings, with two types:of building configurations: "Auto court" buildings wrap around a garage access courtyard,'so that access to units may occur on three sides of the building. These buildings each include 14 or 15 units. Traditional row town homes with. alley loaded garages are the second type of building product and include four, five and six units per building. Auto court and row towh home buildings are separated by private drives and Iahdscaped "paseos" which vary from 20 to 45 feet in witlth. Code requires a minimum of 40 feet between buildings, based on a building height of three stories. Page 3 Staff Report to the Planning Commission September 18, 2006 Item No. 10 (9) The floor plans for the auto court buildings (Exhibit Nos. 11, 12, 15 and 16) indicate a total of eight unit types ranging from. one-bedroom units. to three bedroom units with. an office. The -auto court buildings include a combination of two and three story units. The floor plans for the row town homes (F~chibit Nos. 27, 29, 31 and 33) indicate a total of four unit types. Ail row town units include two or three bedrooms with the option of having an additional bedroom/office on the firstfloor for a maximum of up to four bedrooms. The row town buildings include three story units, All units within the development include an enclosed two- car garage, with the exception of one-bedroom units,. which would have one-car garages. All units include ground floor entries and. raised. stoops; in addition, many haveprivate patios and balconies. The unit types are summarized as followsi Auto Court 1 8 970 i Bed + Flex 2 24 1,160 2 Bed 3 24 1,280 2 Bed Page 4 Staff Report to the Planning Commission September 18, 2006 item No. 10 Plan No.:of Units ' Living Area: (s.f.) No. of Bedrooms 4 24 1,305 2 Bed 5 24 1,420 3Bed 6 ` 24 1,625. 3Bed + Office 7 c 24 1,680 3 bed 8 24 1,770 3Bed _ _ Row Town 1 -31 1,585. r 2 Bed + Office 2 ` 66 1,650 3Bed + Office 3 31 1,700. 3Bed + Office 4 35 1,750. 3Bed + Office {10) Vehicular access would be provided via Olive Street on the west, South Street to thesouth, hree new public streets (Melrose, Kroeger, and Water Streets) running north-south. through the project and one new private street (Atchison Street) to the east.. The new public streets are designed to be aligned with thesxisting public streets in the adjacent neighborhoods north of Olive Streetand through the previously-approved John Laing Homes project to the Korth. Overall right-of-way width would be 52 to 55 feet for Water Street and 55 feet for Melrose and Kroeger Streets; City standard Detail No. 160-A requires a width of 60 feet. (11) The site plan indicates 740 on-site parking spaces and 120 off-siteparking spaces along the new public streets, fora total of 860 spaces available within the subdivision.: Proposed parking includes 670 enclosed. parking spaces. Code requires a total of 1'_,033 spaces (156 four- bedroom units x 3.5 spaces/unit =. 546; 103 three-bedroom units x 3 spaces/unit = 309 spaces; 72 two-bedroom units x2.25/unit spaces = 162 spaces; 8one-bedroom units x 2 spaceslunit = 16 spaces). (12) The,appiicant has submitted the attached density bonus application requesting a parking , incentive pursuant to State Law (Government Code Section 65915). State Law requires parking incentives to begranted forprojects that provide a minimum of ten percent of the project with affordable units. With respect to parking for affordable developments, Government Code Section 65915 requires two spaces for all 2-and 3-bedroom units and two and a hell spaces for 4-bedroom units. Thirty four (34) units within the development would be affordable for persons and families of moderate income;. therefore, theproject would qualify for the. parking reductionpermitted by State Law. A total of 708 spaces are required for this project under this State Law. provision. {13) Elevation. drawings. (Exhibit Nos. 13, 14,.17, 18, 19, 21, 23, 25 and 27) as depicted to the __ _ following renderings, indicate two architectural styles for the development, including French Normandy and Early California. The elevations have been reviewed and approved by the .Downtown Task Force, select community stakeholders, and the Redevelopment Agency's architectural consultant. As indicated on the site plan, the buildings would be developed in alternating architectural styles and. would utilize four color schemes for the auto courts and Page 5 Staff Report to the Planning Commission September 18, 2006 ..Item No. 10 eight color schemes for the row town homes. The Early California architecture would include `concrete "s"the roofs; stucco finished exterior walls; brick veneer, arched treatment around the doorways and windows; wood railings, shutters and decorative corbels: The Frendh Normandy architecture would include flat concrete roof tiles; steeply pitched roofs, stone veneer, wood siding; stucco finished. walis,'shutters;wrpught iron railings and decorative metal accents. Code limits the height of multiple-family structures to a maximum of 3 stories oc40 feet, unless a conditional use permit allowing greater heights is approved. Submitted plahs comply with code requirements pertaining to height and number of stories, with. a maximum height of 40 feet foFthe French Normandy style and a maximum of 38 feet for the Early California style. ~ ,.P~ ~~ ~ ~ . era P o ~, r ~i9 ~~~ ~~ z, ~ j., S PtCX i~.ALtYVItH411 I1igNt 3x r'~ o / s =.~4'~ _ ,. _ , .ate.`.,,,,, ...T ;4g ,~~ ~~d ~~f 9F't.CH lp(iL7:tIH i'ItUHY Row town home street scene .Staff Report to the .Planning Commission September 18, 2006. Item No. 10 ' ~U *•' n ~ ~. ,~ < r . u f' fi ~. ~:., F y Y. 4: ~~'~.. ~ 4. ~ h ~,,.. i ,~.,,. ~ '~-~ a r :~,. „ x .~ . 'S f . ~ & 1' ~ v .- n` ~. +~ ' ~ .. N . ' ~ i{ r. rrc ~a - x ~ . xw".n"~.iexx~ f ~ ~ ~~ :v5..r..'~ x.- 'a m2faa. . _.Y uw: 'xxe! '. .' tt.we+si~ Auto court French Normandy elevations (14) A total of 111:105 square feet of recreational/leisure area is proposed via a combination of private patio areas, a centralized community recreation area and common seating areas and paseos. Code requires a total of 97.200 square feet which maybe provided in any combination of private orxommon;erea. The community recreation area (Exhibit tJo. 35) includes a gated pool and restrooms, a lawn area, "outdoor room" and various seattng areas. The pedestrian paseos along the easterly edge of the property, adjacent to the Metrolink rail road. line were not included in the recreation'area calculation because this area is projected to exceed sound attenuation levels permitted by code for commoh recreation areas. While this area would still be available for recreational uses, the code required recreation area is provided by other areas`throughoutlthe development. In addition to the centralized recreation area provided for the residents of the development, the,proposai also includes dedication of an approximate half acre parcel to be combined with a parcel to the north, for use as a public park. (15) The conceptual landscape plan (Exhibit No. 34) indicates a dense mixture of 24- and 36-inch box trees .arranged throughout the: project site. A mixture of evergreen trees and shrubs would be provided within the landscaped etback along the street frontages and interior private drivewaysystem throughout the project. Trees and shrubbery would line the private drives and planters would be located within the entries to the auto courts as well as between garages. :Code requires one 24-inch box evergreen tree for every 20 feet of street frontage to be planted in the landscape setback adjacent to each public street:. A layered landscaped thema is required to provide depth and variety within the landscaped setback. Code further requires :that 5D%'of all shrubbery be a minimum of five (5) gallons in sizeet the time of planting. In addition to the en-site landscaping provided, the applicant is required to landscape the 5-foot wide parkways proposed along each public street with. a combination of trees and groundcover.7he applicant has prepared a street tree and monumentation exhibit which would be carried out within this development and3he adjacent project to the north.: Plans have not been finalizert as the applicant continues to work with the Redevelopment Agency and community stakeholders to refine the details of the plan: The future homeowner's association would be responsible for`maintaining the parkway landscaping. Asa •ecommended condition of approval; the applicant is required to submit final detailed landscape plans for staff review. {16) The tentative tract map. proposes an "air space" subdivision that consists of63 lots including residential buildings and,public and private streets, and 339 single-family attached residential '- units. Tentative Tract Map No. 16994 identifies the proposed lots'throughout the development. Finalization of the tentative tract map is anticipated to be phased, with the southerly portion of the site to be processedfirst due to an anticipated delay in a vacation of the northerly portion of the site.. The applicant has Included an interim plan. (Exhibit No. 10) for emergency and trash Page l .Staff Report to the Planning Commission September 18, 2006 Item No. 10 :vehicles in the event that units within the southerly portion of the site are occupied prior to the demolition of the existing industrial buildings to the north. (17) `Stealth ground-mounted telecommunication antennas are permitted in the RM-3 and RM-4 zones subject to approval of a conditional use permit. The Cell Tower Relocation Exhibit '.:(Exhibit No. 9) shows the existing location of the 65 foot tall ground-mounted unsdreened 'antenna and associated equipment room and the proposed re-location along the easterly edge of the site, adjacent to the railroad tracks. The carrierfor the existing antehna holds aground .`lease on the subject property, forwhich the'applicant was unsuccessfiatl in terminating. Further, the costs associated with relocating the antenna would be borneby the developer and not the cellular carrieC A photograph of the existing facility is shown on the following page. As indicated in the photo simulations (Exhibit No. 34), the applicant proposes a 75 foot high monopine with three proposed antennas with operating centers at 45,'55 and 65 feet, and an .approximate 12 by 30 foot equipment room within the landscape setback along the railroad. The conceptual landscape plan for the facility depicts 8 row of 24-inch box Afghan Pines along the east property line to provide a backdrop for the proposed facility. r. N6. z Staff Report to the Planning Commission September 18, 2006 Item No. 10 ENVIRONMENTAL IMPACT ANALYSIS: (18) On June 7, 2004,dhe City Council certified Environmental Impact Report (EIR) No. 330 r (hereinafterreferred to as "the Final EIR"), for the Anaheim General Plan and Zoning Code, adopted a Statement of Findings and Facts, and adopted a Mitigation Monitoring Program in compliance with the California Environmental Quality Act (CEQA). The,Final EIR addressed -.:the environmental impacts and mitigation measures associated with those activities that would be undertaken. The Mitigation Monitoring Program ensures compliance with the adopted mitigation measures. ' (19) 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 environmental. documentation if some changes or additions o a Final EIR are necessary, but none of the conditions .described in Section 151.62. requiring preparation of a supplemental or subsequent. EIR have occurred. (20) In connection with the proposed project actions, an Addendum to the Final EIR has been prepared. The Addendum and its technical appendices'have been provided to he Planning Commissionand are available for review in the Planning Department. The Addendum analyzes theproposed,project actions and updates the analyses to reflect current circumstances and technical changes associated with the proposed restdential use of the subject property in ordecto determine whether any significant ehvronmental impacts which were not identified in the Final EIR would result or whether previdusly identified significant impacts would be substantially more severe. The Final EIR included specific conditions and measures that would retluce potential impacts associated with the. implementation of the General Plan and Zoning Code. Mitigation Monitoring Plan No. 122 was prepared and adopted in conjunction with certification of Final EIR to implement the mitigation measures. All applicable mitigation measures from MMP No. 122 wtll be incorporated ihto the proposed residential development. (21) .Due to the proximity of the development to two railroads, a noise study was prepared by BridgeneLlntemational, dated April 20,.2006.: The study determined Ghat the proposed 14-foot ,high sound wall would serve to attenuate the sound levels to less than 65 dB CNEL for the recreation areas and identified the requirements to comply with the interior noise standard. (22) As demonstrated by the analysis included to the Final EIR and Addendum, all environmental .issues for the proposed :project actions will not resultin new significant impacts or substantial <increases in the severity of previously identified significant impacts; ard; therefore, no supplemental or subsequent environmental review is required. Staff revtew further indicates thatthe previously-certified Final EIR and Mitigation Monitoring Plan No: 122, In conjunction: with the Addendum, are adequate to serveas the required environmental documentation for the proposed project actions. EVALUATION: (23) The Anaheim General Pian Land Use Element designates this property for Medium and Low- Medlum Density Residential land uses, with a density range of-0 to 18 dwelling units per acre __ on the westerly two-thirds of the site and 0 to 36 dwelling units. peracre on the easterly third. The applicant. proposes 339 attached single-family condominium dwelling units at a density of 17 dwelling units per gross acre for the overall site.: The proposed development would be Pace 9 Staff Report to the .Planning Commission September 18, 2006 Item No, 10 .compatible with the existing residential developments to the south and west as well as the future residential development to the north. (24) ?he project site contains parcels identified as a portion of Site No. 25 of the Central Anaheim Area within the Housing Element with a density range of up to 18 and 36 units per acre. -Based on this density, he site could accommodate a maximum df451 units; and a total of 339 units are,planned. Thus, approval of the redevelopment of this site from industrial to multiple- family residential would result. in an increase in the City's housing stock and would be consistent with the goals and policies contained in the Housing Element. (25) .Attached single-family residences designed with. flexible standards are permitted in the RM-3 and RM-4 zones, subject to the appreval of a conditional use permit under authority of Code Section 18.06.160 pertaining to residential planned unitdevelopments. (26) Waiver (a) pertains to the minimum lot area per dwelling unit. As described above, the property falls within two zoning designations and the delineation is identified onthe Zoning Calculation Exhibit (Exhibit No. 5). Portion A is zoned RM-3 and' requires a minimum of 2,400 square feet per unit. Portion A includes 196 units, requiring a minimum lot area of 470.400 square feet of .`.land, notihcluding public or private streets. The actual lot area provided byPortion A is 357.106 square feet (1,822s:f. per unit), so that this potien bf the deg elopment is deficient by >113.294 square feet. Portion B is zoned RM-4, requiring aminimum lot area of 171.600 square feet and provides 226:725 square feet (1,585 s.f. per unit), not including public or :private streets. Portion 8 has a urplus of55.125 square feet of lot area. Although the overall project complies withthe lowestpennitted density established by the General Pian designation which allows 18 dwelling units per acre, the zoning designations require the minimum lot area per dwelling .unit to exclude the proposed streets and park dedication, resulting ih the need 9or this waives The applicant hassubmitted the attached Just cation of Waiver form indicating -that although the project in its entirety does not meet the development stahdardsof the more ?restrictive zone (RM-3), the proposed lot area is acceptable per the General Plan based on the gross area of the site.' The proposed streets are strategically located'to maintain the City's .original grid street pattern and a portion of the property is allocated for aproposed public park, therefore the minimum lot area per dwelling unit cannot be met. (27) Waiver (b)pertains to the minimum setback between bulldings.'Based on the three. story height df the residential buildings, Code requires a minimum. forty: 40) foot separation between buildings: The applicant proposes to meet this requirement between. building fronts by providing wide pedestrian paseos throughout the project. However, the building separation `between the side and rear elevations vary from a minimum of 20 feet to 35 feet. The applicant has submitted the attached Justification. of W giver form indicating that they believe the project is compatible with existing and urrounding land uses and that the project maintains good design that will enhance the privacy and livability for residents within and surrounding the :.:project. The areas between buildings would include landscaping and a window'arrangement to protect the privacy of the residents. Although the setbacks do not comply with code, staff feels that the site design, architecture, landscaping, and window an-angementachieves the intent of this code requirement. (28) .Waiver (c) pertains to the maximum wall length. Code allows a maximum twenty (20) foot wall length within the RM-3 and RM-4 zones. The applicant proposes wall lengths Yanging from 80 to 156 feet.7he intent of the Code is to ensure articulation along building elevations for)arge multiple family dwellings: Building walls that would exceed the maximum twenty(20) foot wall length occur of the rear:elevations facing private alleys or within the interior of the auto courts. All building walls along the front and sides of the buildings. are richly articulated with entry and balcony structures, as well as with architectural detatlswhich provide visual interest. The Page 10 Staff Report to the Planning Commission September 18, 2006 Item No. 10 applicant has submitted the attached Justification of Waiver form indicating: that they are confident that the proposed elevations provide the articulation that is desired. Compliance with. code for the rear elevations and within the auto courts would limit the efficiency of the proposed units and create articuiatibn in areas that are not readilybisible to the general public. The proposed elevations. comply with the intent of the code, therefore staff supports this waiver. (29) Waiver (d) pertains to the interior setback for the telecommunications antenna and associated utility cabinet. Code requires that all portions of any antenna structure and associated equipment be located aminimum of five (5) feet from any property line. Theproposed antenna and equipment room are proposed directly adjacent to the east property line. The applicant '.has submitted the attached Justification of Waiver form indicating the telecommunication facility has been strategically placetl on the site to disguise it as much as possible from the public right-of-way. If the relocatioh of this antenna is approved, staff has determined that the proposed location would be the least obtrusive to both the future residents of the development and the surrounding community. fJo setback is proposed for the equipment room due to its location adjacent to a private drive and the proposed 14 foot high sound wall Maintaining the required setback would cause the equipmehfroom to encroach into the vehicular accessway. (30) Waiver (e) pertains to required improvement of right-of-way. Public Works Standard Detail No:160-A, pertaining to tight-of-way design fora 2-lane Ihterior (residential} street with parking on both sides, requires a width of &0 feet. Plans indicate a 52 (without parking) to a 55 foot width for Water Street and a 55-foot width for Melrose and Kroege~ Streets.?he applicant has submitted the attached Justification bf WaiveEform indicating that although the proposed street section does not meet the streetwidth standards, It is consistent with the streets in the surrounding community. The property, being located in the downtown area is different from other properties for which the Bald street standard would be required. Since these proposed streets would be similar in width as the existing residential streets to the north and west (across Santa Ana and Olive Streets), Public Works Department staff supports the applicant's request far a`52 to 55-foot wide right-of-way width to include a 36-foot wide street, 5-foot wide parkways, and 4.5-foot wide sidewalks consistent with the surrounding street pattern. The parkway and sidewalk improvements wouldbe installed by the developer (31) Waiver (f) pertains to maximum fence height,'Code allows a maximum eight (8) foot high. perimeter wall separating }esidehtiel uses from roll roads. The applicant proposes. a fourteen (14) foot high sound wall along the railroad right-of-way.'The applicant has submitted the attached Justification of Waiver form indicating that the proposed wall height is consistent with othet previously-approved developments. The developments Include Vine Street apartments and the 63-unit condominium development directly to the south of the site. These walls would be aonststent with existing walls abutting the Metrollnk railroad, including the wall separating Citrus Park from the railroad of Broadway and Atchisoh:' Treatmeht of the sound watt, including clinging vines; would be consistent with the aforementioned walls in the surrounding area. (32) The following table identifies the proposed building and porch/patio setbacks proposed adjacent to public and private streets: Page 11 Staff Report to the Planning. Commission ,September 18, 2006 Item. No. 10 (33) .The requested deviation pertains to setbacks abutting public and private streets for overall :.building setback and for porches and patios. Code requires a minimumstreet setback of 15 feet, fully lahdscaped, with an allowable five foot encroachment for porches; therefore, a 10 foot setback is required for the proposed .covered and uncovered porches. Private. patios are not permitted encroachments within street setbacks.. The applicant requests a 1' to 5 foot deviation for the proposed building setbacks and a 1 to 8 foot deviation for the proposed setbacks for porches and patios, as indicated in the table above. Staff believes that this modification would beJustified in this case since the amount of recreational space exceeds fCode requirements, and the site design, architecture, landscaping, and windowarrangement .achieves the intent of these development standards. 7o maximize the efficiency of the site, "larger setbacks are provided where it is most important, along he two abutting collector streets, Olive Street and South Street, witFj lesser setbacks provided along those streets which are intended to be more pedestrian-oriented. Setbacks along Olive Street. (facing single-family residencesjmeet Cotle requirements, with the exception of the five foot encroachment for , private patios. As shown in the elevations, the patios would be surrounded by low wails, some df which would be transparent by use of wrought iron or wood railing. Staff feels that the location of entries and front porches close o the sidewalk would accomplish the goal creating a pedestriah oriented and pedestrian friendly environment within the development. Overall, the ,proposed project would be compatible with existing,ahd surrounding lahd uses and this modification from the.Code allowed under the Planned Unit Development Ordinance (Chapter .18.06) would achieve a good project designed to preserve and enhance the neighborhood in a manner that is compatible in scale, mass and bulk with existing buildings, in the area and .consistent with the design guidelines for he area. Therefore,. staff recommends approval of these modifications, as conditioned. (34) 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 project maintains 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 aproject that is compatible and consistent with surrounding land.uses. Because the. proposed use would not adversely affect he adjoining land uses and the growth and development of the area in which it is proposed and because the size and,shape of the site for the proposed use is adequate to allow. the full development of the proposed use in a manner not detrimental to the particular area, staff recommehds approval of the residential development as conditioned. (35) .Staff is supportive of the relocation of the existing telecommuhications facility since the .proposed. location between the railroad and a private. driveway has the least impact to the urrounding community. In addition, the relocation would provide a new stealth ground- " mouhted facility in place of an existing non-cohforming non-stealth monopole. Since the height of the existing ground-mounted antenna is 65 feet, there are constraints to converting the facility to a building mounted antenna, as there is not a tall enough. facility in the common urea to house the antennas. Further, placement within a residential unit would be problematic ..Page 12 Adjacent Street Proposed Street Setbacks (Building) Proposed Street Setbacks (Porches and Patios) Olive Street 17 to 17:5 feet 10 feet South Street 10 to 16:6 feet ` "7 to 12 feet ater Street ' 10 to 14 feet - " 2 to 10 feet Kroe er Street 10 feet 3 to 7 feet Melrose Street 10 feet 3 to 4 feet tchison Street (proposed rip vote street) " 10 feet 3 to 5 feet Staff Report to the Planning Commission September 18, 2006 Item No. 10 `for maintenance reasons. Although aground-mounted facility appears to be the best solution here, staff is oooosed to the monopine proposed. The applicant has indicated that the monopine was selected to provide for future co-location opportunities to accommodate a total of three carriers. Generally, staff is supportive of the co-location of telecommunications. facilities, however ih this case, the height and proposed monopine are problematic given the proposed development and the existing backdrop for the facility. (36) Concerns with the proposed monopine are as follows: • Staff is not supportive of co-location on the proposed antenna becausa the multiple antenna would behghly visible withouf adequate landscape screening. The Intent is to keep the size and.impact of the facility as minimal as possible. • A row of Afghan Pines are proposed within the planter,adjacent to the 94 foot high sound wall. This type of tree has a spread of 15 to 25 feet. The planter area has a width of approximately 6 feet along he east propertyJine, abutting the railroad. Staff has concemsthat the width of the,planter area is significantly less than thespread of the tree which will stunt the ree growth and result in minimal screening. Staff has concerns with future maintenance issues that may result from the tree encroaching onto Metrolink property;and the possibility ofahe trees being damaged, or even removed, since they are ? not permitted to infringe upon railroad property. • ?The sizeof the trey at the time of planting is approximately 12 feet high and only reaches 30 to 50 feet in height at maturity. The height of the antenna,isproposed at 75 feet. Even under: ideal circumstances (a 25-foot wide planter with no wall) the proposed ; pines would not adequately screen theproposed monopine or create'the desired image of a naturalized grove of pine trees since the real;pines will be much lower than the monopine. (37) Staff originally requested that a slimline pole be proposed in order 4o attract theleast amount of attention, but this altemative is;apparently not technologically feasible. An antenna .disguised as a palm tree, as depicted in the following photograph, is the next least visible altemative forthe proposed facility.Staff recommends that the planter along he easterly property line be planted with similar palms as' well as evergreen canopy trees to provide a buffer between the residential buildings and the rail road. Staff requests that tha applicant resubmit plans and photosimulatiohsfor asingle-facility monopalm at the same location. In order to create an environment In which the antenna can blend in, palm trees matching the antenna should be planted in a row along the east property line..They would .alternate with evergreen canopy trans to provide a buffer between the residences and the railroad.. The Redevelopment Agency currently has an inventory of palms which were transplanted from .another site,. as depicted in the following photograph„and would be made available to the applicant to offset the cost difference between 24" boxpines and mature palms. 'A row of palm trees is a common feature within the historic district antl can easilybe accommodated in a narrow planter area Palm trees are also more likely to approach the height of the telecommunications facility. Staff has included a condition of approvalrequiring that the applicant submit revised plans for asingle-facility in the form of a monopaim. Page 13 Staff Report. to the Planning Commission .September 18, 2008 Item No. 10 Page 14 Staff Report to the Planning Commission September 18,.2006 Item No. 10 (a) There is no reasonable relationship between the need for the required dedication and improvements andthe type of development project on which such requirements are imposed; or (b) The cost df the required dedication and improvements unreasonably exceeds the burden or impact created by the development project. j40) Modification to development standards, including minimum lot width, minimum floor area, maximum site coverage, setbacks, and minimum size of recreational-leisure areas are allowed 'in order to achieve a good project design, privacy,livability, and compatibility with surrounding .uses as outlined in Code Section 18.06.160.: Before the Planning Commission approves these modifications, it shall make the following findings: (i) .The uses within the project are compatible; (ii) New buildings or structures related to the projectare compatible with the scale, mass, bulk, and orientation. of existing buildings in the surrounding area, provided the existing buildings conform with the,provisiohs of this title; (iii) Vehicular and pedestrian access are adequate; (iv) r The project is consistent with applicable design guidelines adopted by the City; (v) The size and shape of the site proposed for'the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area; (vi) :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 to the area; (vii);: The project complies with the General Plan and any applicable zoning or specific plan; and (viii) The granting of the conditional use,permit under the conditions imposed, if any, wip not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. (41) :Before the Planning Commission grants any conditignai use permit, it must make a finding of fact that the evidencepresentedshows that all. of the following conditions exist: {a) That the proposed use is properly one for whigh a conditional use permit is authorized > by the Zoning Code, or is an unlisted use as defined in Subsection .030 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority); (b) That the 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; (d) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to,the health and. safety; _ (d) That the traffic generated by the proposed use will not impose an undue burden upon dhe streets and highways designed and improved to carry the traffic in the area; and ..Page 15 Staff Feport to the Planning Commission September 18, 2006 Item No. 10 (e) That the granting. of the conditional use permit under the conditions imposed, if any, will not be detrimental o the health and safety of the citizens of the City of Anaheim, (42) .The State Subdivision Map. Act. (Government Code, Section 66473.5) makes it mandatory to include in all motions approving,`or recommending approval. of a tract map, a specific finding that the proposed Subdivision together with its design and improvement is consistent with the City's General Plan. Further, 4he Jaw requires that the Commission make any of the following findings when denying or recommending denial of a tract map: 1. That the proposed map is not consistent with applicable General and Specific Plans. 2. That the design or improvement of the proposed subdivision is not consistent with. applicable General and Specific Plana 3. That the site is not physically suitable for the type of development. 4. That the site is not. physically suitable for. the proposed density df development. 5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. That the design of the subdivision or the type of improvements is likely to cause serious public health problems. 7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the pubiid at large; for access through or use of property within the proposed subdivision. RECOMMENDATION: (43) 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 Commission3ake 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 documentatioh far this request. (b) By motion, aporove a waivers (a) through (f) based on the findings contained in the attached draft resolution. _ ' {c) By resolution, aoorove in part, Conditional Use Permit No. 2006-05072, to construct a `.339 unit single-family.attached' condominium;planned,unit development with modification " df development standards and to relocate a legal nonconforming ground-mounted telecommunications antenna as a single facility monopalm by adopting the. attached __ _, resolution includlhgfhe findings and conditions contained herein.` Page 16 Staff Report to the Planning Commission September 18, 2006 .Item No. 10 (d) By motion, a rove Tentative Tract Map No. 16994 to establish a 63-lot, 339-unit, single-family residential attached condominium subdivision based upon the attached conditions of approval and the findings that the design and improvement of the subdivision are consistent with the General Plan,. and the site is physically suitable for the type and density of development. Page 17 [®B~FT] RESOLUTION NO. PC2006-"` A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO.2006-05072 BE GRANTED IN PART {525 AND 711 EAST SOUTH STREET) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1: PARCELS 1 AND 2 OF PARCEL MAP NO. 85-364, AS SHOWN ON A MAP FILED IN BOOK 210, PAGES 37 AND 38 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL 2: PARCEL 3 AS SHOWN ON A MAP FILED IN BOOK 210 PAGES 37 AND 38 OF PARCEL MAPS, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON RECORDS OF SAID ORANGE COUNTY. WHEREAS, the Planning Commissidn did hold a public hearing at the Civic Center in the City of Anaheim on September 18, 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 ail evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed request to construct a 339 unit single-family attached condominium planned unit development with modification of development standards and to reloca~e a legal nonconforming ground-mounted telecommunications antenna is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section Nos. 18.06.030.040.0402 (Single-Family Attached Dwellings), 18.06.160.010 and 18.06.030:040.0402 (Antennas- Telecommunications -Stealth Ground- Mounted)with waivers of: (a) SECTION NO. 18.06.040.010 Mfntmum lot area oer dwelling unit. 2 400 s.f. per unit required; 1_,558 s.f. per unit proposed). (b) SECTION NO. 18.06.090.050 .Minimum setbacks between buildings. (40 feet required; 20 to 40 feet proposed). (c) SECTION NO. 18.06.090.060 Maximum walllength. (Maximum 20 feet. permitted; 110 feet proposed). (d) SECTION NO. 18.38.060.0404 Interior setback for telecommunications antenna. (5 feet required; 0 feet for equipment room. and 2 feet for antenna proposed). {e) SECTION NO. 18.40.060.020 Reguired improvement of right-of-wav. 60-foot wide public right-of-way required;. 52 to 55 feet proposed). (f) SECTION NO. 18.46.110.020 Maximum fence height. (Maximum 8 feet permitted; 14 feet proposed). Cr\PC2006-0 -1- PC2006- 2. That waiver (a) pertaining to the minimum tot area per dwelling unit is hereby approved on the basis that the areas which would be dedicated for use as a public park and the proposed public and private streets prevent the project from meeting the minimum lot area per dwelling unit. The number of streets are proposed in order to continue the existing street pattern in the area and contributes to the. reduction to the minimum lot are per dwelling unit. The overall project complies with the densities established by the Low-Medium Density Residential General Plan designation, including that portion of the project in the RM-4 zone, which would allow for higher densities. 3. That waiver (b) pertaining to the minimum setback between buildings is hereby approved on the basis that the requirement is being met along the fronts of adjacent buildings. The requested waiver applies to the separation of building sides and rears in various locations throughout the development. The requirement cannot be met due to the required locations of proposed public streets, which bisect the property, and have impacted the proposed configuration of buildings. The area between buildings would include landscaping and a window arrangement to protect the privacy or residents. 4. That waiver (c) pertaining to the maximum wall length is hereby approved on the basis that the intent of the Code is to ensure articulation along building elevations for multiple-family dwellings. This intent of the Code is fulfilled by use of balconies, patios and decorative architec[ural elements. Compliance with code for the rear elevations would limit the efficiency of the proposed units and create articulation in areas that are not readily visible to the public right-of-way. 5. That waiver (d) pertaining to the interior setback for the telecommunications antenna and associated. utility cabinet is hereby approved due to its location adjacent to a private drive and that maintaining the required setback would cause the room to encroach within the vehicular accessway. In addition. the equipment will be located adjacent to a 14-foot high sound wall and deviation will be imperceptible for the uses to the east. 6. That the waiver (e} pertaining to the 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. 7. That waiver (f) pertaining to the maximum fence height is approved on the basis that the proposed wall height is consistent with other previously-approved developments and that it would function as a visual and sound barrier separating the Metrolink rail road and. the proposed residential buildings. 8. That the proposed relocation of a legal nonconforming ground-mounted telecommunications antenna is granted in part, approving the relocation of a single carrier monopalm and denying a three carrier monopine because the monopine facility would be highly visible and the trees proposed would not be an adequate to provide a backdrop suitable to the facility. 9. That the proposed project is compatible with existing and surrounding land uses and maintains good overall project design. 10. 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. 11: 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. 12. 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. -2- PC2006- 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 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 to serve as the required environmental documentation for the proposed. project actions in connection with Conditional Use Permit No. 2006-05072. 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: Telecommunications antenna: 1. That the applicant shall submit plans and photosimulations for a single carrier monopalm telecommunications antenna along with palm trees to accompany the facility, for review by the Planning Commission as a Reports and Recommendations item. 2. That this telecommunications facility shall be limited to no more than three (3) sectors with no more than four (4) panel antenna on each sector and accessory ground-mounted equipment. The twelve (12) antennas shall be limited to a to an operating center height of 65 feet. No additional antennas or equipment cabinets shall be permitted without the approval of the Planning Commission at a noticed public hearing. Said information shall be specifically shown on the plans submitted by building permits. 3. That the antennas shall be finished and painted to match the faux palm tree. Said information shall be specifically shown on the plans submitted by building permits. 4. That the equipment enclosure shall be constructed of materials that match the adjacent sound wall and shall be protected from graffdi opportunities by the use of plant materials such as minimum 1-gallon size clinging vines planted on maximum. 3-foot centers or tall shrubbery. Any decision by staff may be appealed to the Planning Commission as a "Reports and Recommendations" item. 5. That all equipment, including supply cabinets and power meter shalt be screened from the public view. In addition the cable connecting to the equipment shall be underground and shall not be visible to the public. Said information shall be specifically shown on plans submitted for building permits. 6. That the Operator shall ensure that its installation and choice of frequencies will not interfere with in the 800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity for public safety and related purposes. 7. That before activating this facility, the Operator shall submit to apost-installation test to confirm that the facility does not interfere with the City of Anaheim's Public Safety radio equipment. This test shall be conducted by the Communications Division of the Orange County Sheriffs Department or a Division approved contractor at the expense of Operator. 8. That the Operator shall provide a 24-hour telephone number to the Planning Services Division (to be forwarded to the Fire and Police Departments) to which inteference problems may be reported, and shall resolve all interference complaints within 24 hours. 9. That the Operator shall ensure that any of its contractors, sub-contractors or agents, or any other user "" "'of the facility, shall comply with the terms and conditions of this permit. -3- PC2006- 10. That should this telecommunication facility be sold, the Planning Services Divisions shall be notified within 30 days of the close of escrow. 11. That any required relocation of City electrical facilities shall be at the petitioner's expense. Landscape and/or landscape screening of all pad mounted equipment shall be required and shall be specifically shown on plans submitted for building permits. 12. That the applicant shall obtain aRight-of-Way Construction Permit from the Public Works Department for any work within the public right-of-way, including but not limited to installation of conduit,. cable, and electrical service lines. Conditional Use Permit: 13. That prior to issuance of a building permit,. excluding model homes and the recreation center, 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. 14. That the City of Anaheim Sewer Impact Mitigation fee for the Old Town Basin 8 Area shall be paid. 15. That all existing driveway approaches on Olive Street and South Street shall be removed and replaced with curb, gutter, parkway landscaping,. and sidewalk. Said information shall be specially shown on plans submitted for building permits. A Right-of-Way Construction Permit shall. be obtained from the Public Works Department.. Improvements must be complete prior to final building and zoning inspections. 16. 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 locs;ions specified by the Public Works Department. 17. That, prior to 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 the DAMP. • Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. • ldentfies 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. 18, That, prior to issuance of certificate of occupancy, the applicant shall: • Demonstrate that all structural BMPs described in the Project WOMP have been constructed and installed in conformance with approved plans and specfications. • Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP. • Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural _. BMPs. -4- PC2006- 19. That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with. Engineering Standard No. 115. Said information. shall. be specifically shown on plans submitted for building permits. 20. That gates shall not be installed across the driveway in a manner which may adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan No. 475 and shall be subject to the review and approval of the Planning Services Division prior to issuance of a building permit. 21: That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval in conformance with the Engineering Standard No. 115 pertaining to sight distance visibility for the sign or wall/fence locations. 22. That an on-site trash truck tum around area shall be provided. per Engineering Standard Detail No. 476 and shown on plans as required by the Department of Public Works, Sanitation. Division. Said information shall be spec~cally shown on plans submitted for building permits. 23. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said Department. Said information shall be specifically shown. on the plans submitted for building permits. 24. 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 25. 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. 26. That all. requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shalt be coordinated through the Water Engineering Division of the Anaheim Public Utilities Department 27. That all existing water services and fire lines shall conform to current Water Services Standards. Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded 'rf continued use is necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 28. That all backflow 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 curent 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 information: shall be spec~cally shown on plans and approved by Water Engineering and Cross Connection Control Inspector. 29. That since this project has landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed and comply with City Ordinance No. 5349 and Chapter 10.19 of Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. 30. 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 demonstrate the adequacy of the proposed on-site water system to meet the project's water demand and fire protection requirements. -5- PC2006- 31. 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 perfom~ance bond in the amount approved by the City Engineer and in a form approved by the City Attorney shall be posted with the City of Anaheim. 32. 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. 33. That prior to application for water meters, fire line or submitting the water improvement plans for approval,. the developer/owner shall submit to the Public Utilities Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system Improvements required to serve the project shall occur in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations. 34. That the property owner/developer shall install street lights on the public streets in areas not covered under the Cooperation Agreement between the City of Anaheim and the Anaheim Redevelopment Agency as required by the Electrical Engineering Division. A bond for the installation of tyre street lights shall be posted with the City of Anaheim-prior to issuance of building permits. The street lights shall be installed prior to occupancy. 35. That the properly owner/developer shall provide the City of Anaheim with a public utilities easement to be determined as electrical design is completed. 36. 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. 37. That the entire property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of discovery. 38. 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. 39. That street trees shall be installed, by the property owner, within the public rights-of-way adjacent to Olive Street, South Street, tUoeger Street, and Melrose Street.. The size, type and nunYber of trees shall be provided to the satisfaction of the Urban Forestry Division of the Community Services Departrnent. Said information shalt be spec~caliy shown on plans submitted for building permits. 40. That all air conditioning apparatus and other roof and ground-mounted equipment shall. be propedy shielded from view and the sound buffered from adjacent residential properties and the public right-of-way: Such information shall be specifically shown on the plans submitted for building permits. 41. That the applicant shall agree to construct affordable units and record in the official records of Orange County, California, an unsubordinated density bonus housing agreement, in a form acceptable to the City Attorney and Community Development Department, against each of the affordable units. The affordable units shall be subject to the requirements of the density bonus housing agreement for a period of thirty (30) years, beginning on the date a certificate of occupancy is granted for the affordable units. 42. That final butlding 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 -6- PC2006- plan may be appealed to the Planning Commission as a Reports and Recommendations item. Such information shall be specifically shown on the plans submitted for building permits. 43. 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 frees for alf trees required by Code, minimum 5 gallon shrubs for fifty percent (50%) of shrubs required by Code, 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. Any decision made by the Planning and Community Development Departments regarding said plan may be appealed to the Planning. Commission. Alf trees shall be properly and professionally maintained by the property owner to ensure mature, healthy growth. Such information shall be spec~cally shown on the plans submitted for building permits. 44. That the owner shall submif a request for termination of Variance No, 3530 (waiver of maximum number of compact parking spaces and minimum number of parking spaces to construct an industrial warehouse facility), Variance No. 4242 (waiver of minimum number of parking spaces to construct a 49,615 square foot office area within a 406,992 square foot industrial complex) and Administrative Adjustment No. 138 (waiver of maximum fence height to construct a six foot high wrought iron fence within the required setback area} since these entitlements are no longer necessary. 45. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 36, and as conditioned herein.. 46. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 5, 12, 13, 14, 15, 19, 20, 21, 22, 23, 24, 25, 28, 29, 31, 34, 36, 39, 40, 41, 42, 43, and 44, above-mentioned, shall be complied with. Extensions far further time to complete said conditions maybe granted in accordance with Section 18.60 of the Anaheim Municipal Code. 47. 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. 17, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60 of the Anaheim Municipal Code. 48. That prior to final building. and zoning inspections, Condition Nos:. 6, 8, 15, 18, 34 and 45, above-mentioned, shall be complied with. 49. That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (il) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 50. 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 inGude 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 conditlona 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. -7- PC2006- 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 September 18, 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 maybe replaced by a City Council Resolution in the event of an appeal CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM I, 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 September 18, 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 -8- PC2006- City of Anaheim P><,A1~I~I~I~G E~A~'~'IV~>E1~1'T September 18, 2006 Kenneth and Vera Thompson 282 South Anita Drive Orange, CA 92868 Timothy Guy CP/HERS Anaheim L.P. One Federal Street, 18'h Floor Boston, MA 02110 Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of September 18, 2006. 10a. 1Ab. 10c. 10d. Owner: Kenneth and Vera Thompson, 282 South Anita Drive, Orange, CA 92868 Timothy Guy, CP/HERS Anaheim L.F., One Federal Street, 18"' Floor, Boston., MA 02110 Agent: Cheryl Stump, Brookfield Homes, 3090 Bristol Street #200, Costa Mesa,. CA 92626 Location: 525 and 711 East South Street: Property is approximately 20.36 acres, and is located at the northeast corner of Olive Street and South Street. Conditional Use Permit No. 2006-05072: Request to construct a 339 unit single-family attached condominium planned unit development with modification of development standards and to relocate a legal nonconforming ground-mounted telecommunications antenna with waivers of (a) minimum lot area per dwelling unit, (b) minimum setback between buildings. (c) maximum wall length, (d) interior setback for telecommunications antenna, (e) required improvement of right-of-way and (f) maximum fence height. Tentative Tract Map No. 16994 - To establish a 63 lot, 339 unit attached single-family residential condominium subdivision. 'Advertised as a 64-10[ subdivision. ACTION: Commissioner XXX offered a motion, seconded by Commissioner mCX and MOTION CARRIED, that the Anaheim Planning Commission has reviewed the proposal to construct a 339 unit single-family attached condominium planned unit development with modification of development standards and. to relocate a legal nonconforming ground- mounted telecommunications antenna and does hereby approve the Addendum to previously-certified EIR No. 330 and Mitigation Monitoring Plan No. 1.22 upon finding. that this serves as adequate environmental documentation for this request for Tentative Tract Map No. 16994 to establish a 63 lot, 339 unit attached single-family residential condominium subdivision.. Aproject-specific Initial Study has been prepared and additional environmental review and mitigation has been provided as needed pursuant to the procedures outlined far ____. subsequent projects under a Program EIR. 200 South Anaheim Boulevard P.0. Bax 3222 Anaheim, California 92803 www.anaheim.net I TEL (774) 7fi5-5739 Commissioner XXX 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 the site is physically suitable for the type and density of development, and does therefore approve Tentative Tract Map No. 16994, to establish a 63 lot, 339 unit attached single-family residential condominium subdivision subject to the following conditions: 1. That the final map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder (Subdivision Map Act, Section 66499.40). 2. That 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 to 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, Water Street and South Street (except at street openings) shall be released and relinquished to the City of Anaheim.. 4. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim, on the final map,. an easement of 32-feet from the centerline of South Street and a corner cutoff at Olive Street for road, public utilities and other public purposes. 5. That the right-of-way at the existing Atchison Street cul-de-sac shall be abandoned prior to final map recordation.. If the street is still in use, then a temporary cul-de-sac shall be provided to the north of the new Water Street. 6. That sanitary sewer and storm 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. 7. 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 and/or an easement for large meters and other public water facilities. 8. That prior to final map approval, a maintenance covenant, shall be submitted to the Subdivision Section and approved by the City Attorney's office. The covenant shall Include provisions for maintenance of private facilities, including compliance with approved Water Quality Management Plan, and a maintenance exhibit.. The covenant shall also include provisions requiring that garages shall be maintained for vehicle parking in compliance with code. Said parking provision shall then be incorporated into the CC&R's. The covenant shall be recorded concurrently with the final map. 9. That prior to final map approval, all condominium units shall be assigned street addresses by the Building Division. 10. That approval of this tract map is granted. subject to the approval of Conditional Use Permit No. 2006-05072, now pending. 11. That prior to final tract map approval, Condition Nos. 2, 3, 4, 5, 6, 7, 8 and 9 above- mentioned, shall be complied with. 12. That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 13. That approval of this application constitutes approval of the proposed request. only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action: or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. Sincerely, Eleanor Morris, Senior Secretary Anaheim Planning Commission TTM16994_Excerpt />°~ ~° V I>I ~./ •`~ /: VNOE~ ~ Attachment -Item No. 10 Cnty Of E~Hla}1e3%%)i C®1l~1~~JNITY DEVIL®PIi~EN'~' To: Elaine Thienprasiddhi, Planner From: Abe] Avalon, Project Manager~~ Date: March 6, 2006 UU~~ RE: Olive Street Development: Certification of Affordability Anaheim Redevelopment Agency ("Agency") staff has been working with Brookfield Southland Holdings ("Brookfield") to develop a site plan for the properties located at 610 S. Olive Street (APN 037-130-31) and 711 E. South Street (APN 037-130-33). The combined sites consist of approximately twenty (20) acres of land. As proposed, the development will consist ofhigh-quality residential development with approximately 339 for-sale homes. Staff is in the process of approving a Disposition and Development Agreement ("DDA") between the Agency and Brookfield. Under the terms of the DDA, thirty-four (34) 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 commit a minimum of 5750,000 in assistance for income-qualified homebuyers. Brookfield's obligation under the DDA is to obtain all necessary entitlements. and construction financing, construct the units, and carry out the mazketing and sale of the homes. The thirty-four affordable homes must be sold to moderate income-qualified households (see attached schedule).. Brookfield will also offer preference to Anaheim residents and persons employed in Anaheim to qualify for homes prior to a general public release. If you have any questions, or need additional information, please call me at (714} 765-5238. Attachment Svw Cati°mtbn of A°wdebilny.D°C Brookfield: Affordable Housing Cost by Home Number of Homes Square Footage Number of Bedrooms Sales Price 120°/D ofMedian* 23** 1,160 2 $399,000 120%ofMedian* 11 1,280 2 $399,000 Total # of Homes*** 34 * Includes 45 yeaz Affordable Housing Restrictive Covenant. ** 4 of these units will include a minimum of $25,000 per unit in down payment assistance to be paid by Brookfield. *** Current estimate of homes to be built. Total number of homes will be based on final land use entitlements obtained by Brookfield. F:\DDCSUDMDNAEMOSUAM6101A Dlive Svw Cmifiwion o[A°aMe6ilny.DOC =;Attachment.-Item PJo. 10 SECTION 4 APPLICANT'S STATEMENT' OF NSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAVER OF CODE SECTION: I ~ ' D b • D9-O (A separate statement is required for each Code waiver) PERTAINING TO: NI l t~ I M U Ni LDT ~ k EA- ~. DHl EZ_LI tJ (~ UrJ 1---' Sections 18.74.060 of the Anaheim Municipal Code requires that before any variance or Code ~, giver may be granted by the Zoning Administrator or Plaaning Commission, the following shall be shown: - f 1. That there are special crucumstances applicable to the properly, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classificarion is 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, folly and as completely as possible. If you need additional space, you may attach additional pages. 1. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? ~ Yes _ No. If your answer is "Yes; "describe the special circumstances: SE.E ATfA C 1'{ED STATB>'1 EAJT- 2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the same zone as your property? ,>< Yes _ No If your answer is "yes," describe how the property is different; SEE A'ti'kC N~.D 5-TATE Mpsh-. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? X Yes No If your answer if "yes," describe the special c~ircvV~~stances: s~~ A~~1'ACit~A s-rA-rE1A~roT'. 4. Were the emal circumstances created by causes beyond the control of the property owner (or previous property owners)? ~ Yes _ No EXPLAIN SEA g7fAC}I-e_p sraT~EM~'. The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved whi h would have the effect of granting a special privilege not shazed by other properly in the same vicinity and. zone which is not~therwise exp~s~l~y authorized by zone regulations governing subject property. Use variances are not permitted _ v'-2~ O~ Agent Date CONDtI'IONAL USE PERMITNARIAP~CE N0. SOUTHLAND BUSIA ;GROUP 3090 Bristol 8tree[, Suite 200 Costa Mesa, California 92626 Phone 714.427.6868 Fax 714.427.6869 brookfieldso uthla nd.mm ~~ BflflflKFIELfl N O M E S live eoc ^Ilieren r.e APPLICANT'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER Brookfield Homes is requesting a Conditional Use Permit to permit a 339-unit attached residential planned unit Development under the authority of Section No. 18.06.150.010 with waiver of Anaheim Municipal Code Section 18.06.040.010 (Minimum Lot Area per Dwelling Unit). The code requires a minimum of 2,400 square feet per unit in the RM-3 zone. In the current project, the minimum required lot area in the RM-3 zone is 470,400 square feet (196 units ` 22,400 square feet per unit). The total lot are currently proposed in the RM-3 zone is 305,364 square feet. This does not include the public and private streets or access ways. Brookfield Homes believes that the zoning classifications of the site present a special circumstance that does not apply to other property under identical zoning classification in the area. and that because of the zoning classifications, strict application of the zoning code would deprive the property of privileges enjoyed by other property under identical zoning classification. Although the proposal is for one integrated project, the property has two zoning designations (the RM-3 zone is proposed to the west of Kroeger and RM-4 to the east). Although the project in its entirety does not meet the development standards of the more restrictive zone (RM-3), Brookfield Homes contends that the proposed lot area is acceptable per the General Plan based on the gross area of the site plan. Based on the gross area of the site, the proposed lot area is consistent with the General Plan designations for low-medium and medium density residential. ,,~`` ' SECTION 4 APPLICANT'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: I S • O b . D`I O . O la b PERTAINING TO: ~A Ll. ~ ~~{- (A separate statement is required for each Code waiver) Sections 18.74.060 of the Anaheim Municipal Code requires that before any variance or Code waiver may be granted by the Zcning Administrator or Planning Commission, the following shall be shown: ' 1. That there aze special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and ?. 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 speci~lcircumstances that apply to the property in matters such as size, shape, topography, location or surroundings? ~ Yes _ No. If your answer is "Yes,"'describe the special croumstances: SEE A71'R C+hE.,D 2. Are the special circumstances that apply to the property different from other properties in the vicinity which aze in the same zone as your property? ~ Yes _ No )f your answer is "yes;' describe how the property is different:. SEA A'T('ACf1 ~fl 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone?Yes No If your answer if "yes," describe the special circumstances: SEE MfA C H~ 4. Were the s cial circumstances. created by causes beyond the control of the property owner (or previous property owners)? Yes _Na EXPLAIN SEE ~'i('ACt~ The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no ve-iance 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 no o erwise ex ~lsly authorized by zone regulations governing subject property. Use variances are not permitted. tg, .vG Signa re f Property O or Authorized Agent Date CONDITIONAL USE PERMIT/VARIANCE NO. ~' _ ~? SOUTHLAND 6USL~ i GROUP n .. ~ v . , i 3090 Bristol Street, Suite 200 _ i`' ~" CostaMesa, California 92626 ~~ ~ ti ', Phone 714.427.6868 Fax 714.427.6869 ~~~~ ~ .:+' > 6rookfeldsouthiand.com ~~ BHOOKFIELO H O M E 6 live !be oi(ierc n.-r. APPLICANT'S STATEMENT OF JUSTIFICATION FOR VARIANCE(CODE WAIVER Brookfield Homes is requesting a Conditional Use Permit to permit a 339-unit attached residential planned unit Development under the authority of Section No. 18.06.150.Ot0 with waiver of Anaheim Municipal Code Section 18.06.090..060 (maximum building wall length). The code allows a minimum building length of eight (8) feet and a maximum building length of twenty (20) feet. It is our understanding that the intent of the code is to ensure articulation along building elevations, Brookfield Homes is confident that the proposed elevations provide the articulation that is desired. We feel that a waiver of this code requirement should' be granted based on the proposed architecture for this project. For the Row Towns, the longest wall lengths occur at the rear elevations facing the alley where the wall lengths are approximately 80 feet for the 4plex buildings, 100 feet for the 5-plex buildings, and 120 feet for the 6-plex buildings. For the Court Hcmes, the. maximum wall length is approximately 156 feet. Ail building walls that are longer than 20 feet and are located along the front and side elevations are well-articulated with entry and balcony structures. SECTION 4 APPLICANT'S STATEMENT OF JUSTIFICATION FOR VARCANCE/CODE WAIVER (NOT RBQU7IiED FOR PARKING WAIVER) REQUEST FORWAIVERIOFCODESHCTION: J8.0~•o9O. 65d PERTAINING T0: Mt M ~ tAU~ ~ ISfM(C~ .BEA sep~ statement is required for each Coda waiver) T4/ n/ s~.ttG.Atn16S Sections 18.74.060 of the Anaheim 1vlunicipal Coda requires that before any variance or Code waiver maybe granted by the Zoning Administrator or Planning Commission, the following shall be shown: 1. That there aze spea{al circumstances applicable to the property, including size, shaper topography, location or smroundiags, which do not apply to order property under identical zoning olassificatioa in the vicinity; ao¢ 2. That, because of such special ai=cumstences, strict applicaron of the zoning code deprives the. property of privileges enjoyed by other properly under identical zoning classification is the vioiniiy. In order to determine if sash special circumstances exist, and to assist the Zo¢iny Administrator oz Planning Commission to arrive at a decision, please answer each of the folio Wing questions regarding tho properiy for wh:ah a verianoe is sought, folly sad as completely as possible. If you need additional sp¢ce, you may attach additional pages. 1, Ara there spec' circumstances that apply to the property in matters such as size, shape, topography, location or suaoundirgs7 ,Yes _ No. If your easwer is "Yes; ''deson'be the special eironmstences: ~~ g'JJ71 CffE'D tS'/'/}-1'e'k11~ 2. Are the spaaial oiroumatanees that apply to the property different from other properties in the vicinity which are in the same zotu as yom~ property? ~' Yes ^ No Tf your answer ie "yes," desmba how the groperty is different: ~St; E A7f'~e~'J] ~T/r<f'ENl•~N' 3. Do the spacial ei~staneea applioable to t]re properly depdva it of privileges cmraotly egjoyed by neighboring properties located within tho came zoaelX_Yts No If Yaur answer if "yes; ' describe the special c{rcomatanoes: ~~~ A Ae D ENE r 4. Were the circumstances created by tenses beymd the watr¢1 of the property owner (or prevlons property owaera)7 Yes _No E}CPLAIN ~~~ A'tTAC ~ `~r-gn-E•r•'lEh{Y' The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no varianoe ar Coda waiver shall be appr ed which world have the effect of graatiag a special privilege not shared by other property is the came vicinity and zone whi of o ressly~athorized by zono rogtilatinns governing sub act property. Use variances are not pamtitted. q it b(o S3 ofProa er or Av Agent Data CONDITIONAL USE PERMTI7VARIANCE NO. APPLICANT'S STATEM1AENT OF JUSTIFICATION FOR VARIANCE/CODE' WAIVER Brookfield Womes Is request(ng a Conditional Use Permit to permit a 339-unit attached residential planned un)t Deveiopmenf under the authority of Section No. 16.06.160.010 with waiver of Anaheim Municipal Code Section 18.p6.090.050 (setbeoks beiween buildings). _ Brookfield Homes believes that the proposed community is compatible with existing and surrounding land uses. Despite the deviation from code of the required. setbacks between buildings, Brookfield Homes believes that the project maintains Good project design that will enhance the privacy and livability for residents within and around the project. Because the proposed use would not adversely affect the edJoining land uses and the growth and development of the area In which it Is proposed, we feel that the requested waiver is Justiciable. ' SECTION 4 APPLICANT'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: I ~ • 3$. Olo D 0 40 O 4-b'} A sepazate statement is required for PERTAINING TO: thlT_E~to~- SETBACK 0t~ 7'>rLEfot•JMUNICA-77< Sections 18.74.060 of the Anaheim Municipal Code requires that before any variance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: I. That there aze special circumstances. applicable to the property, including size, shape, typography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such spacial circumstances, strict applicafion 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 yircumstances that apply to the property in matters such as size, shape, topography, location or surroundings? _Yes _ No. If your answer is "Yes; "describe the special circumstances: SEE A~-I}'ACi1-~Tj 2. Are the special circumstances that apply to the property different from other properties in the vicinity which aze in the same zone as your property? /Yes _ No If your answer is "yes;' describe how the property is dift"erent: ~ E A'tYel CkI~ 3. Do the special circumstances applicable to the property deprive it of privileges currenHy enjoyed by neighboring properties located within the same zone? _/Yes No If your answer if "yes," describe the special circumstances: SEE ~-tl"dCl}E ~ 4. Were the spec~rd' 1 circumstances created by causes beyond the control of the property owner (or previous. property owners)? _Yes _No EXPLAIN SEE A~t"q CI~'Ep The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approve which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone which is c therwise expr sly authorized by zone regulations governing subject property. Use variances are not permirted. ~_j~ _o~ Si e f Property er Authorized Agent Date ~q CONDTTIONAL USE PERMIT/VARIANCE NO. •d OD ~ ^ D50~72-- ` G i ~; a y ~' ~, 1~. yq SOUTHLAND BUSIh....5 GROUP . a~~ ~' + ,~~`~ 3 3090 Bris[ol Street Suite 200 Cosa Mesa California 92626 I Tai . ~,- ~ ~ ~ ~. , Phone 714.427.fi868 Fax 714.427.6869 .45t;~¢~aa. _,~ aye.-, brookfieldsouthland.mm ____ J ~~ BFlOt1KFIE tO , HdMEB IiVO Il~r ;lifln rt:O C.C APPLICANT'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER Brookfield Homes is requesting a Conditional Use Permit to permit a 339-unit attached residential planned unit Development under the authority of Section No. 18.06.150.010 with waiver of Anaheim Municipal Code Section 18.38.060.040.0404 (interior setback of a telecommunications setback).. The code requires that telecommunication facilities be located a minimum of'5 feet from any interior property lines. The telecommunication facility that currently exists on the site is being relocated to the east property line. There is not setback proposed. Brookfield Homes believes that the location of the site presents a special circumstance that does not apply to other property under identical zoning classification in the area. The site is located adjacent Metrolink tracks and the telecommunication facilities will not have an impact on adjacent properties. The telecommunication facility has been strategically placed on the site to disguise it as much as possible from the public right of way. APPLICANT'S. STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER). REQUEST FOR WAIVER OF CODE SECTION: IS .'I"b . OIoO . O'7..,'p SECTION 4 (A sepazate statement is required far eac Code waiver} PERTAINING TO: ~EQtnI~E~ 1Mp~oJE'MEn~-r- aF" Q16tf'r'--OF-W Sections 18.74.060 of the Anaheim Municipal Code requires that before any variance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: That there aze special circumstances applicable [o the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. . In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision,. please answer each of the following questions regazding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? _/ Yes _ No. If your answer is "Yes,:"-describe the special circumstances: S~.'1/ fk'f(-i4 GYM- l~ 2. Are the special circumstances that apply to the property different from other properties in the vicinity which aze in the same zone as your property? _ Yes _ No If your answer is "yes," describe how the property is different: ~~ /~`I 1Jh ~~ 3. Do the special circumstances applicable to the properly deprive it of privileges currently enjoyed by neighboring properties located within [he same zone? _/Yes No If your answer if "yes," describe the special circumstances; ~E a~rrac-+~~ 4. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? ~ Yes _ No EXPLAIN SEQ. h'tt'AtF4s~ . The sole purpose of any variance or Cade waiver shall be to prevent discrimination, and no variance or Cade 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 r~t/c~therwise e~ylyagsly authorized by zone regulations governing subject property. Jse variances are not permitted. r O uthorized Agent ate CONDITIONAL USE PERMIT/VARIANCE NO. ~ ~b ^ 05'072. 1 ~ 4 ___, ".. .._ ~ rr SOUTHLAND BUSINr•~S GROUP i ~~ ~ a` n'r~~ ~. d" a.~„~ ~ 3090 Bristol Street, Suite 200 T'F~ r r .~~ 1. Costa Mesa. California 92626 4~'' ~ Phone 714.427.6868 Faz 714.427.fi869 .j `r~. .x `~ L6roo~eldsouthland.com ~~ BROOKFIEfQ H O M E S iIV~: fir: ~: (fl~Ytrl,: ii f,C APPLICANT'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER Brookfield Homes is requesting a Conditional Use Permit to permit a 339-unit attached residential planned unit Development under the authority of Section No. 18.06.150.010 with waiver of Anaheim Municipal Code Section 18.40.060.020 (Required improvement of right of way). The proposed street width for this community is 55 feet (a 36-foot street, 5 foot parkway, and 4.5 foot sidewalk). Brookfield Homes believes that the location of the site presents a special circumstance that does not apply to other property under identical zoning classification in the area and strict application of the zoning code would deprive the property of privileges enjoyed by other property under identical zoning classification. Although the proposed street section does not meet the street width, it is consistent with the streets in the surrounding community. The property is located in the downtown area and is different from other properties in the vicinity. The actual street width meets the width required by the city engineer and there are no safety issues that will result from the proposed street width. SECTIOIJ. 4 APPLICANT'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAVER OF CODE SECTION: t$ . ~-lo . Ih . oao (A separate statement is required for each Code waiver) PERTAINING TO: MAXI !~ U NNf ~ A'L.L- ~ Ifr FI'T'S Sections 18.74.060 of the Anaheim Municipal Code requires that before any varian ~ or Code waiver maybe 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 property under identical zoning classification in the vicinity;. and 2. That, because of such special circumstances, stict 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 fallowing questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? ~ Yes _ Nb. If your answer is "Yes,"'describe the special circumstances: ~ &' A'Ti"a CFhE~ 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 praperiy? ~ Yes _ No If your answer is "yes," describe how the property is different: S ~ E /a'ft'A C FF'~ 3. Do the special circumstances applicable [o the property deprive it ofprivileges currently enjoyed by neighboring properties located within the same zone? Yes Nc If your answer if "yes," describe the special circumstances: ~E A'9Ti41'+1'('Sd 4. Were the eciel circumstances created by causes beyond the control of the property owner (or previous property owners)? ~ Yes _ No EXPLAIN S ~ E A TPA CFfE~ 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 ~ e 'se exp sly authorized by zone regulations governing subject property. Use variances are not permitted. t ~ ~ Sign ue of Prop O or Authorized Agent Date CONDITIONAL USE PERMIT/VARIANCE NO. _ __ ~~ ~ SOUTHLAND BUSIf.~ ~ GROUP ' ~~ ~,~ g(,~' 3090 Bris[ol Street, Suite 200 ~~' 4* @ , a Costa Mesa, California 92626 ~€i,_ {k " Phone.774.427.fi868 fax 714.427.6869 r~F~ ~,... ~,g ,a~ ' broo~eldsouthland.rom Y~ flflt10KFLELO N O M E 6 APPLICANT'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER Brookfield Homes is requesting a Conditional Use Permit to permit a 339-unit attached residential planned unit Development under the authority of Section No. 18.06.150.010 with waiver of Anaheim Municipal Code Section 18.46.110.020 (Maximum Wall Height). The code allows for a maximum wall height of 8 feet. In the current project, the sound wall adjacent the MetroLink. hacks is proposed at 14 feet. Brookfield Homes is proposing a 14-foot block wall at the portion of the site adjacent the Metro Link tracks in order to be consistent with other properties adjacent the tracks and to provide enhanced sound mitigation for the future residents of this community. Due to the adjacency of the MetroLink tracks to the site, Brookfield Homes believes that the waiver for wall height is justified. ~~~; a ~q ~ - ~ ~i SOUTHLAND BUST, A GROUP' '~ " ° h E 3090 Bristol Street, Suite 200 ~~~+r, F 'S„'°5 Costa Mesa, California 92626 ,ft c : r r `"~ Phone 714.427.6868 Fax 714.427.6869 ~`H~i ,~,"~. ' hrookfieldsouthland.mm __ ~~ BHf16KFIElO r o m ~ c Tice ehe tl~RelenCe. February 14, 2006 Elaine Thienprasiddhi Anaheim Planning Department 200 South Anaheim Blvd. Anaheim, CA 92805 A4tachment • Item No. 10 Re: CUP Application and Tentative Tract. Map Application -Tract 16994 Dear Elaine, Brookfield Homes is pleased to submit a Conditional Use Permit Application and Tentative Tract Map Application for Tract 16994. After months of collaboration with the Anaheim Redevelopment Agency and City Staff, we are confident that we have developed a community that will meet the goals for redevelopment in the Downtown area and provide much needed housing for the community. Please find attached the fallowing required items for the Conditipnal Use Permit Application and the Tentative Tract Map. Application. Procedure and Submittal Requirements List (Section Z) . Application for Tentative Tract Map (Section 3) • Application for Conditional Use Permit (Section 3) • Forty (40) copies of the Tentative Tract Map • Forty (40) copies of the Technical Site Plan • Flve (5) copies of the Grading Plan • Eight (8) sets of Photographs • Environmental Information Form Three (3} copies of the current Title Reports • Nine (9) copies of the Landscape Plan • Six (6) copies of the Floor Plans. • Six (6) copes of the Elevations • School District Letters from Anaheim Union Hlgh School District and Anaheim City School District • A check In the amount of $11,700 ($10,000 for the Conditional Use Permit and $1,700 for the Tentative Tract Map) e Response to Pre-file Comments • Fire Access Plan (Sheet C-4) Zoning Calculation Exhibit (Sheet C-5) • Vehicular Access Exhibit (Sheet C-6) • Phasing Flan (Sheet C-7) • PedesVlan Connectivity Exhibit (Sheet L-3) • Solid Waste Management Plan (Sheet L-4) " "' • CD-ROMs containing digital copies of all submitted plans rug ~!(~. zoos - 0 5 0 7 2 February 14, 2006 Tract No.16994 Page 2 of 3 THE COMMUNITY The proposed Downtown community will provide 339 residential homes (176 Court Homes and 163 Row Towns), and a private community recreation center that will feature a pool, fireplace, and outdoor meeting area. In addition to providing much needed housing for the Downtown area, the proposed community will transform an existing industrial site into a residential community that is reminiscent of the ottl Downtown style that the General Plan envisioned. The primary site feature and heart of the community is the central. recreation area. This area wilt allow a central gathering area for the community to come together. The site design has several features that will create a special sense of place and communlty Identity. • The automobile garages are all set to the rear of the property with porches and entry doors to view onto street and the central park area. • The classic grid pattern of the Downtown street network has been reinforced. Melrose, Kroger, and Atchison will continue through the community. • The buildings have been configured to create a strong paseo network. • A public park is located to the north at Water Street. • The elevations of the buildings present a classic architecture style The Community Development Department is currently processing a reclassification application for this site. The reclassification for this site is proposed to make the zoning of this project area in conformance with the General Plan. The area to the west of Kroger Street has been reclassified to RM3 and the area to the east of Kroger Street has been reclassified to RM4. The reclasstrication was approved on January 23, 2006. CO-OP AGREEMENT & CEQA The Community Development Department will be executing aco-op agreement for the offsite improvements. All Improvements Identified under this agreement will be completed under this agreement. It is also our understanding that the Community Development Department wilt be completing the CEQA process and the related studies. ~(}~ ~kp, 2006 m 0 5 0 7 2 February 14, 2006 Tract No.16994 Page 3 of 3 STATE DENSITY BONUS Brookfield Homes will be applying for the State Density Bonus (SB 1818). Per our Disposition and Development Agreement with the Community Development Department, we will be designating 10 percent of the units in this community to families of moderate income. According to the State Density Bonus this would permit us one (1) incentive or concession. Brookfield Homes is requesting to use the vehicular parking ratio that is provided under the State Density Bonus. The vehicular parking ratio outlined in the State Density Bonus is one onsite parking space for 1-bedroom units, two onsite parking spaces for 2- to 3-bedrooms units, and two and. one-half onsite parking spaces for 4-bedroom units. We have several unit plans that feature a fourth bedroom option and have provided adequate parking to accommodate onsite parking for all optional 4-bedroom units. In addition, there is ample parking available on the public streets (Melrose, Kroger, Olive, and South) that are not included. in the onsite parking counts that can be used for additional resident parking. We are confident that even with the State Density Bonus parking standard., this project will provide ample parking for the residents of this community. If you have any questions regarding this application, please call me at 714-427-6868. Regards, BROOKFIELD HOMES SOUTHLAND, LLC John C. O'Brien Vice President- Infill CC: Lisa Stipkovich, Community Development Department Abel Avalos, Community Development Department