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PC 2007/03/19i I non ssi n a ®nday, March 19, 2Q07 - Council Chamber, City Mall 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 ® Call To Order ® 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 March 19, 2007 agenda secretary. ® Recess To Public Hearing ® Reconvene To Public Hearing 2:30 P.M. • .Pledge Of Allegiance . Public Comments . Consent Calendar ® Public Hearing Items ® Adjournment You may leave a message for the Planning Commission using the following e-mail address: planningcommissiont7a.anaheim.net H:\docs\clericallagendasl(031907).doc (03/19/07) Page 1 Anaheim Planning Commission Agenda - 2:30 P.ntl. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim Planning Commission or public comments on agenda items with the exception of public hearing items. Consent Calendar: The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. Reports and Recommendations nutes 1A. Receiving and approving the Minutes from the Planning Commission Meeting of January 22, 2007. (Motion) 18. Receiving and approving the Minutes from the Planning Commission Meeting of March 5, 2007. (Motion) H:\docslclericallagendas\(031907).doc (03/19/07) Page 2 Public Hearing Items: 2a. CEQA NEGATIVE DECLARATION 2b. WAIVER OF CODE REQUIREMENT 2c. CONDITIONAL USE PERMIT NO. 2006-05164 Owner: paniel Rubalcava, 508 North East Street, LLC, Anaheim, CA 92807 Agent: Greg Howell, 20561 Suburbia Lane, Huntington Beach, CA 92646 Location: 508 North East Street: Property is approximately 1.15 acres and is located at the northeast corner of Sycamore Street and East Street (La Reina Market). Request to permit the expansion of an existing legal non-conforming market with sales of beer and wine for off-premises consumption and to establish land use conformity for an existing legally non-conforming commercial retail center with waiver of minimum number of parking spaces. Continued from the January 8, and March 5, 2007, Planning Commission meeting. Conditional Use Permit Resolution No. 3a. 3b. 3c. Owner: Southern California Edison, Frank, 14799 Chestnut Street, Westminster, CA 92683 Agent: Stephanie Li, 14708 Valley Boulevard, City of Industry, CA 91746 Location: 1500 South State College Boulevard: Property is approximately 2.1 acres and is located at the southeast corner of State College Boulevard and Cerritos Avenue with frontages of 193 feet on the east side of State College Boulevard and 909 feet on the south side of Cerritos Avenue (Feng Run Garden). Request to modify exhibits and conditions of approval for apreviously- approved plant nursery with accessory retail sales and to permit a modular unit with waivers of (a) minimum landscape setback and (b) required improvement of right-of-way. Continued from the March 5, 2007, :Planning Commission meeting Conditional Use Permit Resolution No. H:\d ocs\cl eri cal\age n d a s\(031907 ). doc Request for continuance to April 2, 2007 Pmject Planner. (kwong2@anaheim.oet) Project P/anner.~ (kwong2Qanaheim.neq (03/19/07) Page 3 4a. CEQA NEGATIVE DECLARATION 4b. WAIVER OF CODE REQUIREMENT 4c. CONDITIONAL USE PERMIT NO. 2007-05184 Owner: Roman Catholic Bishop of Orange, 2811 East Villa Real Drive, Orange, CA Agent: David Meider, Development One. Inc., 1611 East 4~" Street, Santa Ana, CA 92701 Location: 1450 East La Palma Avenue: Property is approximately 8.21-acres`, having a frontage of 392 feet on the south side of La Palma Avenue and is located 120 feet east of the centerline of Buttonwood Street. Request to permit two modular buildings for classrooms at an existing pro/ect Planner parochial school with waiver of minimum number of parking spaces. (etnien oQananeim.ner) Advertised as 2.33-acres. Conditional Use Permit Resolution No. 5a. CEQA SECOND ADDENDUM TO THE POINTE ANAHEIM .INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION (PREVIOUSLY- APPROVEDI 5b. AMENDMENT NO. 7 TO THE :DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1 (TRACKING NO. SPN2007.00047) Owner: William Stone, Sr. Vice President, Anaheim GW LLC, 17140 Bernardo Center Drive, Suite #300 San Diego, CA 92128 Agent: Dewayne Mitchell, Cheesecake Factory, 17701 Mitchell North, Irvine, CA 92614 Location: 321 West Katella Avenue 1717 South Clementine Street and 1700 South .Harbor Boulevard: Property is located on approximately 29.1 acres in The Anaheim Resort between Harbor Boulevard and Clementine Street, and Disney Way and Katella Avenue. The project site has approximate frontages of 1,500 feet on the south side of Disney Way between Harbor Boulevard and Clementine Street, 1,185 feet on the west side of Clementine Street between Disney Way and Katella Avenue (excluding Fire Station No. 3 at 1713-1717 South Clementine Street), 728 feet on the north side of Katella Avenue between Clementine Street and a point 771 feet west of the centerline of Clementine Street, and 585 feet on the east side of Harbor Boulevard between Disney Way and a point 615 feet south of the centerline of Disney Way. Request to modify Zoning and Development Standards pertaining to permitted architectural encroachments in required building setback areas and modify exhibits pertaining to the maximum number and location of Project Planner. permitted wall signs. (twhileQanaheim.net) Specific Ptan Amendment No. H:\does\clerical\agendas\(031907).doc (03/19/07) Page 4 6a. PUBLIC RESOURCES CODE EXEMPTION SECTION 21159.23 6b. DETERMINATION OF CONFORMANCE WITH STATE DENSITY BONUS LAW (MISCELLANEOUS PERMIT NO. 2007-00184) Owner: Global Premiere pevelopment Inc., 1012 Brioso Drive, Suite 202, Costa Mesa, CA 92627 Agent: Broadway Village Investors, 5 Park Plaza Suite 980, Irvine, CA 92614 Location: 1245 East Broadwav: Property is approximately 1.5- acres, having a frontage of 150 feet on the north side of Broadway and is located 153 feet west of the centerline of Fahrion Place. Planning Commission determination of conformance with State density bonus requirements to construct a 46-unit affordable apartment complex Protect Planner, with incentives'. (kwong2Qanaheim.neQJ 'Advertised as "47-unit affordable apartment complex with a density bonus and incentives" 7a. CEQA CATEGORICAL EXEMPTION -CLASS 1 7b. CONDITIONAL USE PERMIT NO. 2007-05185 Owner: Albert De Mascio Trust,1097 Via Verde, Cathedral City, CA 92234-4356 Agent: Ed Perez, EP Development, 5753 - G Santa Ana Canyon Road, #131 Anaheim, CA 92807 Location: 125 North State College Boulevard: Property is approximately 0.66-acre, having a frontage of 101 feet on the west side of State College Boulevard and is located 304 feet north of the centerline of Center Street. Request to add awalk-up window to an existing restaurant and public dance facility. Project Planner: ' Advertised as "with on-premises sales and consumption of alcoholic (kwong2Qanaheim.net) beverages". Conditional Use Permit Resolutipn No. H:\dots\clerical\agendas\(031907).doc (03/19/07) Page 5 8a. CEQA CATEGORICAL EXEMPTION. CLASS 1 8b. WAIVER OF CODE REQUIREMENT 8c. CONDITIONAL USE PERMIT NO. 2007-05187 Owner: Peter Issa, 14822 Kornblum Avenue, Hawthorne, CA 90250-8437 Agent: Jean-Pierre Boladian, Boladarck Architects, 221 East Glenoaks Boulevard #225, Glendale, CA 91207 Location: 2437-2441 West Ball Road: Property is approximately 0.45-acre, and is located at the northwest corner of Ball Road and Roanne Street. Request to permit the division of a retail unit into three (3) units and establish land use conformity for an existing commercial retail center with waiver of minimum number of required parking spaces. Project Planner. Conditional Use Permit Resolution No. (kwong2Qo anaheim.net)) 9a. CEQA NEGATIVE DECLARATION 9b. WAIVER OF CODE REQUIREMENT 9c. CONDITIONAL USE PERMIT NO. 2007-05182 Owner: Abdul Aziz, 22365 Birdeye Drive, Diamond Bar, CA 91765-2404 Agent: Shakil Patel, 25982 Hinckley Street, , Loma Linda, CA 92354 Location: 1671 West Katella Avenue: Property is approximately 0.79-acre, having a frontage of 106 feet on the north side of Katella Avenue and is located 283 feet east of the centerline of Euclid Street. Request to construct a 14-unit commercial retail center with waivers of (a) maximum structural height, (b) minimum landscaped setback abutting a residential zone, (c) minimum structural setback abutting a residential zone and (d) minimum number of parking spaces. Project Planner: (kwong2®anaheim.net) Conditional Use Permit Resolution No. H:\dots\clerical\agendas\(031907).doc (03119/07) Page 6 Adjourn To Monday, April 2, 2007 at 1:00 P.M. for Preliminary Plan Review. H:\dots\clerical\agendas\(031907).doc (03/19/07) Page 7 CERTIFICATION OF POSTING 1 hereby certify that a complete copy of this agenda was posted at: 10:00 a.m. March 15 2007 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUN IL DISPLAY KIOSK SIGNED: ~. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone 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 pffice, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM PLANNING COMMISSION In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (714) 765-5139. Notification no later than 10:00 a.m. on the Friday before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Recorded decision information is available 24 hours a day by calling the Planning Department's Automated Telephone System at 714-765-5139. H:\docs\clerical\agendas\(031907).doc (03/19/07) Page 8 SCHEDULE 2007 April 2 April 16 Aoril 30 May 14 May 30 (Wed) June 11 June 25 July 9 July 23 August 6 August 20 September 5 (Wed) September 17 October 1 ber15 October 29 II November 14 (Wed) I) November 26 ~ December 1 ~~ December 24 ~~ H:ldocslclericallagendasl(031907).doc (03/19/07) Page 9 1 Item No. 2 y ~}541~ 22 0.p~pN~ 53_5 N ~ OU :. cL ~ zpoa ~Opgooi Wt~HE~ ~ x Y ~- m y ~- o ~ 0 ;.z o EP~N A i m 9 Op0 pVEN~E GLENS ............ Conditional Use Permit No. 2006-05164 Requested By: 508 NORTH EAST STREET, LLC 50a North East Street - La Reina Market i ~0 R D~ a~ 10203 f•L~~ Subject Property Date: March 19, 2007 Scale: 1" = 200' Q.S. No. 92 Staff Report to the Planning Commission' March 19, 2007 Item No. 2 2a. CEQA NEGATIVE DECLARATION 2b. WAIVER OF CODE REQUIREMENT 2c. CONDITIONAL USE PERMIT NO. 2006-05164 (Motion for Continuance) SITE LOCATION AND DESCRIPTION: (1) The property is identified as 508 North East Street - La Reina Market. REQUEST:. (2) The applicant requests approval of a conditional use permit to permit the expansion of an existing legal non-conforming market with sales of beer and wine for off-premises consumption and to establish land use conformity for an existing legally non-conforming commercial retail center under authority of Code Section No: 18.08.030.040.0402 (Alcoholic Beverage Sales-Off-Sale), (Markets-Small) and (Commercial Retail Centers) with waiver of the fallowing provisions: (a) SECTION NO. 18.42.040.010: Minimum numtier of narking spaces (101 required; 71 proposed) BACKGROUND: (3) This property is developed with a nine (9) unit commercial retail shopping center and is in the General Commercial (C-G) zone. The General Plan designates this property for General Commercial land uses. The General Plah further designates properties ih all directions for Medium Density Residential land uses: This property is located within the Merged Redevelopment Area (4) This item was continued from the January 8, 2007 and March 5; 2007, Commission meeting for an update to the parking study based on public testimony regarding on-street parking. (5) Greg Howell, the applicant's representative; has submitted the attached letter dated March 13, 2007, requesting a continuance of this item to the April 2, 2007, Commission meeting in order to allow additional time to secure additional parking spaces and to meet with the community regarding traffic and parking concerns expressed at the previous public hearing. RECOMMENDATION: (6) Staff recommends the Commission, by motion, continue this item to the April 2, 2007, Planning Commission meeting as requested by the applicant: Srcup2006-05164k1w_31907. doc Page 1 Attachment -Item No. 2 March 13, 2007 Ms. Kimberly Wong, The Rubalcabas' request a postponement of the Planning Commission hearing. This is due to acquiring parking. Thank you, Greg CUP 1617 vAR ze56 VAR 2625 TILE STORES I RCL 54-55-42 CUP 2140 OFFICES I RCL 66-67-36 RCL 66-67-14 RCL 60-61-113 RCL 55-56-19 RCL 54-55-02 CUP 4010 ADJ 0151 1 14 µC160 $6,19 RCL ~00 ~M j71 T VPµ2pp1.044 VPµVAµ 4304 V PR 4 CRE TILE 5T 99-00-t5 µCL 66-67-14 RCL b5A2 µC1556Cr1 575 Tv~VAµ4 ~ 11 VAµ 200433 VPR 0µE TILE ST 0 D' Q m m W -~ 7 O m W Q N nem rvU i RCL 56-57-76 (2) IND. FIRMS T NEVILLE CHEMICAL RCL 56-57-76 (2) I RCL 56-57-76 (2) ' CUP 1521 CUP 1284 CUP 1274 CUP 1273 IND. FIRMS T CUP 2006-05099 NURSERY CERRITOS AVENUE sos~ - r RCL 99-00.15 RCL 66-67-14 RCL 59-60-23 IND. FIRM I TILE STORE I RCL 66-67-14 RCL 59-60.23 TILE STORE The Conditional Use Permit No. 2005-05030 TRACKING NO. CUP2006-05180 Requested By: SOUTHERN CALIFORNIA EDISON 1500 South State College Boulevard - Feng Run Gardens I IND. FIRM I IND. FIRM RcL ss-oo-ls / RCL 59-60-23 //\ I I PARKING IND. FIRM LOT p~p~~ IV ~~, Subject Property Date: March 19, 2007 Scale: 1" = 200' Q.S. No. 117 lozzo Conditional Use Permit No. 2005-05030 TRACKING NO. CUP2006-05180 Requested By: SOUTHERN CALIFORNIA EOISON 1500 South State College Boulevard - Feng Run Gardens ~ozzo l Staff Report to the Planning Commission March 19, 2007 Item No. 3 3a. CEQA CATEGORICAL EXEMPTION -CLASS 3 (Motion) 3b. WAIVER OF CODE REQUIREMENT (Motion). 3c: CONDITIONAL USE PERMIT NO. 2005-05030 (Resolution) (TRACKING NO. CUP2006-05180) < SITE LOCATION: (1) This property is identified as 1500 South State College Boulevard - Feng Run Garden REQUEST: (2) THe applicant requests approval to modify exhibits and conditions of approval for a 'previously-approved plant nursery with accessory retaitsales and to permit a modular unit under the authority of Code Sections 18.08.030.040.0402 (Plant Nursery- Accessory Retaip, 18.10.030.080 (Temporary Modular Units), and 18.60.190.030 with waivers of the following ' provisions: (a) ,SECTION NO. 18.10.060.020.0201 Minimum landscape setback (20 feet required; 0 feet proposed) (b) SECTION NO: 18.40.060.030 Improvement of right-of-wav Sidewalk andparkways required along State College Boulevard`and Cerritos Avenue; No sidewalk proposed) BACKGROUND: (3) This hearing was continued from the March 5, 2007, Planing Commission meeting. (4) The property. is located within a Southern California Edison electrical transmission easement and is currently used by Edison as a storage yard and is zoned Industrial (I). The General Plan designates this property and property to the west for Open Space land uses. Properties to the north, south, and east are designated for Industrial land uses:.:. PREVIOUS ZONING ACTIONS: ' (5) Conditional Use Permit No: 2005-05030 (to permit accessory retail sales in conjunction with a plant nursery) was approved by the Planning Commission on October 3, 2005. Resolution No: PC2005-146 includes the following conditions of approval: "8. That a landscape and irrigation plan for the property shall be submitted to the Planning. Services Division for review and approval identifying the size, type and location of all proposed plantings as required by Code. Plans shall reflect the following: The addition bfforty-five (45) 24-inchbox sized Tabebuia avellanedae trees within the frontsetback on Cerritos Avenue and ten (10) 24-inch box sized evergreen trees ` within the front setback along State College Boulevard. The addition of three (3j24-inch box sized evergreen trees distributed throughout the parkingarea. "14. That the petitioner shall submiEgrading plans to the Public Works Department to improve State College Boulevard and Cerritos Avenue per Public Works Standard Detail No. 160- A. In addition; a five (5) foot parkway landscaping strip and five (5) foot sidewalk shall be constructed with parkway. irrigation oohnected to the on-site irrigation system and maintained by the properly owner. A bond for the required improvements shall be posted SRCUP2006-05180khvdoc : l Staff Report to the Planning Commission March 19, 2007 Item No. 3 in an amount approved by the City Engineer and in a form approved by the City Attorney prior to the issuance of a building permit. A Right of Way Construction Permitshall be obtained from the Developmeht Services Division for all work performed. in the tight-of- way; Tfiese improvements strall be constructed prior to finatbuilding and zoning inspections. "17: Thata sidewalk access ramp with truncated domes shall be constructed' at the corner of State College Boulevard ahd Cerritos Avenue in conformance with Public Works Standard Detail No. 111-2. Said information shall be specifically shown on plans submitted for building permits. "28 That the subject property shall be developed substantially in accordance with the plans and'specificationssnbmitted to the Cityof Anaheim by the petitioner and which plans are on file with the Planning Department Exhibit No. 1 and as conditioned herein." DISCUSSION: (6) The applicant requests a modification to the site plan to eliminate the landscape setbacks along both frontages; retluce the level of public improvement within the right-of-way and use a modular structure instead of a permanent building. These modifications result in two (2) new waivers ofcode requirements. The revised site plan (refer to Site Plan, Revision 1 of Exhibit No 1) reflects the following setbacks;: Direction Code Required/Propdsed Buildin `Setback Code Required/Peoposed 'Landsca"'e Setback North (adjacent to Cerritos Avenue 50 feet t 120 feet: 20 feet / 0 feet '< East 0 feet/ 0 feek 0 feetY 0 feet ' South 0 feet / 5 feet ' 0 feet / 0 feet 'West (adjacent to State Colle a Boulevard 50 feet! 170 Feet 20 feet / 0 feet (7) The plan proposes a 408 square foot temporary modular unit abutting the south property line adjacent to the railroad tracks: This structure would function as ah accessory office. building toprocess sales and serve as a customer service location. The applicahtsubmitted photographs of the proposed modular unit which indicate a skirt to conceal the wheels of the structure. (8) Vehicular access to the site would`be provided via an existing driveway od Cerritos Avenue: A wrought iron gate is proposed along the driveway that would be open. during'business hours. The proposed modification in setbacks increases the area devoted to storage and display which increases the parking requirements. A total of $7 parking spaces would be provided on site. Code`requires a minimum of 37 spaces based on the following analysis: Land Use Square footage Required Parking per.:,. 1 000 s.f. of Area TotaC Outdoor Story a 45 980: 0.4 s 18.4 Outdoor Dis la 41,600 0.4 16.6 Office 408 - - 4.0 2 Total 37 {9) :The applicant indicates no operational changes from the prior approval SRCUP2D06-OSi BOklw.dx : l Staff Report to the Planning Commission. March 19; 2007 Item No. 3 ENVIRONMENTALIMPACT ANALYSIS: (10) Staff'has determined that the proposed projecfis categorically exempt from the requirement to prepare further environmehtaf documentation. EVALUATION: (11) Temporary modular units are permitted subject to the approval of a conditiohal use permit. The change from a permanent building to a temporary modular building is the result of changes in Southern California Edison's requirements to'ensure that during emergency situations all structures can be relocated in a minimal amount of time. Due to the limited visibility of the'structure and distance to the public right-of--way, staff believes that the proposed structure is acceptable given the constraints imposed by Edison: Abonditidn of approval has been included requiring the building to incorporate architectutafenhancements on the elevations visible to State College Boulevard ahd'CerritosAvenue. (12) The applicant proposes to`eliminate the required landscape setbacks adjacent to State College Boulevard and Cerritos Avenue. Code: requires a landscape setback of 20 feet along: both streets. The applicant has submitted the attached Justification'of Waiver indicating the irregular shape of the property and the long frontage along Cerritos Avenue result in unique'circumstances. The applicant"contends tfiat the cost of constructioh and irrigation of theiandscape'setbacks'and the loss of storage and display area would not make the project financially feasible. Rather than providing permanent landscaping; the applicant proposes to beautify the property by`using nursery stock in potted plants along both streets behind a proposed 6-foot high wrought iron fence. Staff believes there are special circumstances that do not apply to other identically-zoned'properties; as the property is ah irregular triangle shape with a large frontage along Cerritos Avenue'of approximately 900 feet: The required landscape setbacks would constitute approximately 12% of the total property area (18,300 square feet of total Iahdscaping; 4,000 square feet along State College Boulevard and,14,300 square feet along Cerritos Avenue), However, the stricE application of the Code would. not deprive this property ofprivileges ehjoyed by neighboring properties, as 'similar waiver requests have not been granted both along Cerritos Avenue and State College Boulevard. As depicted in the aetial below; staff observed that alf other properties in the vicinity have lahdscaped setbacksof at least 12 feetalohg both frontages.' Since both ..findings forjustifidation of this waiver request cannot be made, staff recommends denial of tttetequested waiver of landscape setback. SRCUP2°°6-0510°klw.dac Frontage Required Parkway Proposed Sidewalk Staff Recommended and Sidewalk and Parkwa Im rovement Cerritos Avenue from 8-foot parkway. 13-foot parkway; no 8-foot parkway, State College Blvd. to 5 foot sidewalk. sidewalk 5 foot sidewalk ro osed drivewa Cerritos Avenue from 8-foot parkway. 13-foot parkway, no 13-foot parkway, no proposed driveway to 5 foot sidewalk sidewalk sidewalk east roe line State College Boulevard 5-foot parkway 10-foot parkway, no 5-foot parkway 5-foot sidewalk sidewalk 5-foot sidewalk SRCUP2006-051BOklw.tloc l Staff Report to the Planning Commission. March 19, 2007 Ifam Nn Z (14) She attached memo from the Public Works Departmentanticipates the project's potential for" '` generating. vehicular/ pedestrian traffic is substantial compared to the property's current vacant condition: As a result of activities associated with the City's development andgrowfh, dedications of right-of-way and improvements are deemed necessary tbprevent congestion. and other hazards hat are related to the intensified use of the land; and b preserve public health; safety, and welfare. The applidant's request to change the land use of the subject property from a vacant parcel to a plant nursery with accessory retail use is ah intensification that warrants these public improvements: Staff believes there is a reasonable ~elatibnship between the required. improvements and the prbposed' use since employees and customers are anticipated to be on-site as a direct result of the business: Further; these employees and customers createadditiohal vehicle and pedestrian activity to and from the property ih their commute to the site and may walk to other locations. Currently; properties to the south of this site along State College Boulevard and east along. Cerritos Avenue are not improved , with a sidewalk. The property tb the'nbrth along State College Boulevard has been improved with'a partiatsidewalk and an OCTA bus stop: (15) Albrtg Cerritos Avenue; staff believes there are special circumstances in regard to the large frontage and associated cost of improvements thatsupport reduced' public improvements. Staff recommendsa partialimprovement of the public right-of-wayas indicated in the preceding table: Pedestrian access will be maintained to the entrance bf the site oh Cerritos Avenue with the sidewalkimprovements and relief granted where pedestriah activity is limited to the east of the driveway. Staff believes the cost of the required dedicatioh and improvements is reasonable considering the impact oreated by,the development of the project. Publi6 Works'staff evaluation of the project based bn estimated traffic and transportation impact fees indicates that theprojected..impact of the development is comparable tb he cost bfirequired imprbvements. As such, staff recommends denial of the requested waiver along State College Boulevard and oomer cut-off improvements, ahd partial approval of the requested waiver along Cerritos Avenue. FINDINGS: (16) Before the Commission grants any major modification to a conditional use permit, it must make a finding of fact that the evidence presentedshows that all of the following cohditions exist: (a) That the modification of use is properly one for which a conditional usepermit is authorized by the Zoning Code, or is an unlisted use as defined in Subsection .030 (Unlisted Uses. Permitted)pf Section 18.66.040 (Approval Authority); r , (b) That the modification will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be lpcated; (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 modified 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 modifications under the conditionsimposed will not be detrimental to the health and safety of the citizens of the City. of Anaheim. $RCUP2006-05190klw doc Staff Report to the Planning Commission March 19, 2007 Item No. 3 (17) -Before the Commission grants anyconditional use permit; it must make a finding of fact that '' the evidencepresented 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 c Zoning Code; or is an uhlisted use as defined in Subsectiorr.030 (Unlisted Uses Permitted) of Sectidn 18.66.040 (ApprovalAuthority); (b) Thatthe use will'not adversely affectthe 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 developmentbf the proposed Lse ih a manner not detrimental to theparticular 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 conditionalvse permit under the cohditions imposed, if any, ::will not be detrimental to the health and safety of the citizens of the City of Anaheim: (18) The Planning Commission may grant exemptions from'all or any. portions of the requirements imposed by subsections :020'through :060 of this'section (pertaining to required dedication'and improvements), in'accordance with the procedures established in Chapter 18.60 (Common Procedures) for the processing of variances, except that the findings set forth in Section 18:74.060 (Findings) of Chapter 18.74 (Variances) shall not be required;ahd provided that, before any such'exemption is granted by the Planning Commission; it shall be'shown that either. (a) There is no reasonable relationship between the need for the required dedication and improvements and the type of development project on which such requirements are imposed; or (b) The cost of tfte7equired dedication and improvements unreasonably exceeds the burden or impact created by the development project. RECOMMENDATION: (19) Staff recommends that the Planning Commission take the following actions as indicated in the attached resolution, including the findingsand conditions contained therein: a. Bymotion, approve a CEQA Categorical Exemption, Class 3 (New Construction or Conversion of Small Structures) for this project. bF By motion, deny waiver (a) and approve in part waiver (b). ! c: By resolution, as rove the request to modify Conditional Use Permit No. 2005-05030 (Tracking Nd: CUP2006-05180). SRCUR2006-051 BOklw.doc 1 Staff Report to the Planning Commission March 19, 2007 Item No. 3 Bold denotes modified or new condition Prior to issuance of a building permit or within a period of one 111 year. from the date of this resolution. whichever occurs first. the following conditions shalfbe comalied with: L That 4-foot high street address numbersshall be displayed on the roof of the modular building in ra color thaYcontrasts with the roof material: The Numbers shalt not be visible from the streets or adjacent properties Said information sfiallbe specifically shown'on plans submitted for building permits. 2. That a maximum'of one monument or freestanding sign shall be permitted. The design, size, s- and placementof wall and monument signage shall be ih accordance with the requirements of Anaheim MunicipafCode Section 18.44.080; 18.44.090; and 18.44,110 pertaihing to mdhument sighs and wall signs. Final sign plans shall be submitted to the Planning Services Division for review and approval as to placement; design and materials: Any decision by staff may be appealed to the Planning Commission'as'a "Reports and Recommendations" item: 3. 1 That a landscape and irrigation plan for the property shall be submitted tothe Planning Services Division for review ahd approval identifying the"size, type and location of all proposed plantings as required by Code. Plans shall7eflect the addition of three (3) 24- inch box sized evergreen trees distributed throughout the parking area. Any decisiop by City staff may bei appealed to the Planning Commission'as a "Reports and Recommendations" item. ' 4. That a final screening and fencing plan for the property shall tie submitted to the Planning Services Division for review. ahd approval. Plahs shaltreflect the following improvements: •'' That the storage areas (for tools, equipment, and other related items) shall be surrounded on allsides bya substahtial solid and/or opaque fence or wall at least six (6) feet h height as set forth in Section 18:46.1 TO (Screehing, Fences; Walls and Hedges):: The design and the materials used for the fence or wall shall'comply with the provision of Section 18:40.150 (Structural Setbacks ahd Yards) of Chapter 18.40 ` (General Development Standards) unless provided otherwise in this section. • That outdoor storage shall not be located in any required setback area end confined to the areas identified on the approved site plan (Exhibit No: 1). • That all gates for access to the propertyshall swing inwardlybr slide sideways and shall be kept closed when not in use except that the gate may be kept open during ' business hours provided on-site storage cannot be seen from adjacent public streets. The gates shall be'subject to approval by the City Traffic antl Transportation Manages • That the proposed six (6) foot high wrought iron fehce shall be decorative and located outside of the mnimumlandscape setback. • : That the proposed chain link fencing'abutting the railroad7ight-of-wayshall be ehtirely interwoven with PVC or simulated wood slat&andbiew-screened with fast-growing vines and/or sftrubbery. 5. That all backflow equipmentshall be located above grouhd ahd outsidebf the street setback. area ih a manner fully screened from all public streets °Said information shall be specifically shown on plans submitted for the Public Utilities Department, Water Engineering Division approval SRCUP2006-05180khx.doc Staff Report to the Planning Commission March 19, 2007 Item No. 3 6. 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 Cqde. Said information shall be specifically shown on plans submitted for building' permits. 7. That a new driveway approach, curb; gutter, parkway landscaping and sidewalk shall 6e constructed in conformance with Public Works Standard. Detail No. 115-B: Said information shalt be specifically shown on plans submitted. for building permits. 8. That gates shall not be installed across any driveway in a manner which may adversely affect vehicular#raffic in tte adjacent public street.': Installation of anygates shall'conform to r Engineering Standard Plan No. 609 and shall be subject to the review and approval of the City Traffic and Transpdrtatiort Manager:. Said information shall be specifically shown on plans submitted for building permits. • 9. 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 shallalso identity,the specific screening treatments of each devices (i.e. landscape screening; color of walls; materials, identifiers, access points, etc.). 10. That plans shall tie submitted to the Traffic and Transportation Manager and 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 there upon be developed and maintained in conformance with said plans:.- 11. That an on-site trash truck turn around area be provided per Engineering Standard Detail No. 476 and as required by the Public Works Department,. Streets and Sanitation Division: Said information shallbe specifically shownbn plans submitted for building permits. 12. That trash storage areas shall be provided and maintained in a location not within the minimum setback area and acceptable to the Public Works Department and in accordahce 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: The walls of the storage areas shall be protected frdm graffiti opportunities by the use of plant materials suctr as minimum one-gallon size clinging vines plahted do maximum ttiree-foot centetsoFtall sfirubbery: Said information shall be specifically. shown on the plans submitted for building permits. 13. That adequate lighting of parking lots, driveway oirculatioh areas, aisles, passageways, recesses and grounds continuous to buildings sftall be provided with lighting of sufficient wattage to provide adequate illumination to make clearlyvisible 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. 14..That the applicant shall post a bond in an amount approved by he City Engineer and a form approved by the Gity Attorney to improve State College Bdulevard with a ten (10) fdot wide parkway landscaping strip with parkway irrigation connected to the on-site. irrigation system and maintained by the property owner and to improve Cerritos Avenue with an thirteen (13) foot wide landscapng'striptyith parkway irrigation connected to the on-site irrigation system and maintained by the property owner SRCUP2006-06160k1w.doc Staff Report to the Planning Commission March 19, 2007 Item No, 3 15. That the applicantshall Use best efforts to assist the City in working with Southern California Edison to acquire an irrevocable offer to dedicate to the City of Anaheim a cornercut-off. easement at State College Boulevard and Cerritos Avenue for road, public utilities and other ,public purposes. 16. That final elevation plansfor the proposed modular building incorporating architectural enhancements including a skirt to screen the wheels of the structure, for all elevations visible to State College foulevard and Cerritos Avenue, shall be submitted to the Planning Servfces'Divison for review and approval prior to issuance of building permits. Any decision by staff may be appealed to the Planning Commission as a "Reports and Recommendations" item. Prior to issuance of grading permitbr within a neriod of one 11- year whichever occurs first, the following conditions shall be complied withs 17. That the applicant shall submit to the Public Works Department, Development Services Division forYeview 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: • Incdrporates 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 andimaintenance of the TreatmentControl BMPs. 18: That the'applicant shall submit grading plans to the Public Works Department to improve State College Boulevard with a ten (10) footwide parkway landscaping strip with parkway r irrigation: connected to the on-site irrigation ystem and maintafned by the property owner and to improve Cerrftos Avenue withan thirteen (13) foofwide landscaping strip with parkway irrigation connected to the on-site irrigation system and maintained by the property owner. Prior to final building and'zoning insnections the following conditions shall be complied with: 19. That a Right of Way Construction Permit shall be obtained from the Development Services Division for all work performed in the right-of-way. 20. That the applicant shall • Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. • 'Demonstrate that the applicant is prepared to implement all non-structural BMPs described in Project WQMP. • Demonstrate that an adequate number of copies of the approved Projects WQMP are available onsite. SRCUP2006-05780kiw.doc : : 1 Staff Report to the Planning Commission March 19, 2007 Item No. 3 Submit forreview and approval by the City an Operation and Maintenance Plan for ali' ' -- structural BMPs. 21. That "No Trespassing 602(k) P.C." signs be posted afthe entrances of parking lot and be located in other appropriate places as determined by the Police Department. Signs must be at least twa (2p feet by one (1) foot in overall size witfi white background'ahd blacKtwo (2) inch lettering. 22. That an Emergency Listing Card, Form APD-281' shall bebompleted and submitted in a completed form to the Anaheim Police Department. 23. 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 ogfile with the Planning Department labeled Revision, l; of Exhibit No. 1 and as conditioned herein. ' General Conditions: 24. That all sales transactions shall take place within the enclosed building on-site: 25. That no required`parking'area shall be fenced or otherwise enclosed for outdoor storage uses. r 26. Thatany tree orother landscapingplanted on-site shalt be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. c 27. Thatoutdoorstorage except for plants, pottery; and fountains, shall be in accordance with the requrementsof Anaheim Municipai Code Section 18.38200 pertaining to outdoor storage. 28. Thafthe property shall bepermanently maintained in an orderly fashion by the provision df regular landscaping maintenance, removal bf trash or debris, and removal of graffiti within twenty-four (24) hours from time of discovery. 29. That approval of this application constitutes approval of the proposed request only to the extent that it complieswith the Anaheim Municipal Cbde and any other applicable City; State and Federal regulations. Approval does not include any action br fihdingsasto compliance or approval of the request regarding any other brdinancej regulation or requirement. 30. 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),yii) the modification complies' with the Anaheim Municipal Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved structure. SRCUP2006-05700k1w.tlac l [DRAFT] RESOLUTION NO. PC2007--*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION AMENDING RESOLUTION NO. PC2005-146 ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 2005-05030 (1500 SOUTH STATE COLLEGE BOULEVARD) WHEREAS, on October 3, 2005, the Anaheim Planning Commission did, by Resolution No. PC2005-146, grant Conditional Use Permit No. 2005-05030 to permit accessory retail sales in conjunction with a plant nursery; and included the following conditions: "8. That a landscape and irrigation plan for the property shall be submitted to the Planning Services Division for review and approval identifying the size, type and location of all proposed plantings as required by Code. Plans shall reflect the following: o The addition of forty-five (45) 24-inch box sized Tabebuia avellanedae trees within the front setback on Cerritos Avenue and ten (10) 24-inch box sized evergreen trees within the front setback along State College Boulevard. The addition of three (3) 24-inch'box sized evergreen trees distributed throughout the parking area." "14. That the petitioner shall submit grading plans to the Public Works Department to improve State College Boulevard and Cerritos Avenue per Public Works Standard Detail No. 160-A. In addition, a five (5) foot parkway landscaping strip and five (5) foot sidewalk shall be constructed with parkway irrigation connected to the on-site irrigation systemand maintained by the property owner. A bond for the required improvements shall be posted in an amount approved by the City Engineer and in a farm approved by the City Attorney prior to the issuance of a building permit. A Right of Way Construction Permit shall be obtained from the Development Services Division for all work performed in the right-of-way. These improvements shall be constructed prior to final building and zoning inspections." "17. That a sidewalk access ramp with truncated domes shall be constructed at the corner of State College Boulevard and Cerritos Avenue in conformance with Public Works Standard Detail No. 111-2. Said information shall be specifically shown on plans submitted for building permits." "28. 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 No. 1 and as conditioned herein:' WHEREAS, the property is vacant and is within the I (Industrial) Zone. The Anaheim General Plan designates this property for Open Space land uses; and is situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN 8O0K 51, PAGE 7, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHERLY OF THE NORTHERLY LINE OF THE SOUTHERN PACIFIC COMPANY'S RIGHT OF WAY (TUSTIN RANCH), AS SAID RIGHT OF WAY iS DESCRIBER FIRST IN DEED DATED MAY 28, 1889 FROM PACIFIC IMPROVEMENT COMPANY TO SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED JUNE 27, 1889 IN BOOK 570, PAGE 286, OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF LOS ANGELES. WHEREAS, the applicant has requested an amendment to this conditional use permit to amend exhibits for a previously approved plant nursery, to permit a temporary modular unit; CR\PC2007-0 -1- PC2007- WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 5, 2007, 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 tc investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the. March 19, 2007, 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 exhibits for apreviously-approved nursery, to permit a temporary modular unit is properly one for which a conditional use permit is authorized by Section 18.60.190.030 of the Zoning Code with waivers of the following provisions: (a)SECTION NO. 18.10.060.020.0201 Minimum landscape setback (20 feet required; 0 feet proposed) (b)SECTION NO. 18.40.060.030 Improvement of rioht-of-wav Sidewalk and parkways required along State College Boulevard and Cerritos Avenue; No sidewalk proposed) 2. That the requested waiver (a) is hereby denied, although the property is an irregular triangle shape with a large frontage along Cerritos Avenue, the strict application of the Code would not deprive this property of privileges enjoyed by neighboring properties as similar waiver requests have not been granted both along Cerritos Avenue and State College Boulevard. 3. That the requested waiver (b) is hereby approved in part, approving the waiver in part to construct a 13-foot wide parkway but no sidewalk, along Cerritos Avenue east of the driveway along Cerritos Avenue, because the cost of the full improvement would unreasonably exceed the burden or impact created by the development project; and denving the waiver of improvements along Cerritos Avenue west of the driveway along Cerritos Avenue, along State College Boulevard and the corner access ramp improvements since there is a reasonable relationship between the proposed use and the need for the required improvements. Since the proposed use is an intensification of the vacant property, there is a reasonable relationship between the need for a portion of the required improvements based upon the existing improvements in the area, and the project's potential for generating additional vehicular and pedestrian traffic in relation to the existing vehicular and pedestrian traffic resulting from the property's current vacant state. 4. That accessory retail sales in conjunction with a plant nursery is a proper accessory use for which a conditional use permit is authorized by the Zoning Code; and 5. That the proposed .accessory retail sales in conjunction with a plant nursery would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located since the site is located along State College Boulevard surrounded by industrial uses in an area typically known as "Tile Mile", where retail sale of file and Floor coverings sales are clearly incidental to the warehousing andlor wholesale distribution is permitted.. The wholesale plant nursery with accessory retail sales would be consistent with, and complement the surrounding land uses in the area, operating in a similar fashion to existing surrounding land uses; and 6. That the size and shape of the site is adequate to allow full development of accessory retail sales of plants and pottery in conjunction with a plant nursery in a manner not detrimental to the particular area nor to the health and safety of the citizens of Anaheim, as the site would provide for the minimum code- required parking, setbacks, and screening; and 7. That 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 as the -2- PC2007- site is located within an industrial area at the intersection of two arterial highways. The proposed use would not generate a significant number of trips when compared to surrounding industrial complexes and therefore, would not create an increased demand on the streets and highways in the vicinity; and 8. That granting this conditional use permit will not, under the conditions imposed, be detrimental to the particular area and surrounding land uses, nor to the public health and safety as the site would be substantially improved and would have full vehicle access and on-site parking. As conditioned, the minimum code requirements for landscaping, setbacks, and parking would be provided on site to ensure the safe and clean operation of the facility in a manner not detrimental to the area or surrounding land uses: and 9. 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 staff has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15303, Class 3 (New Construction or Conversion of Small Structures), 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 City Planning Commission for the reasons hereinabove stated does hereby approve the modification to Conditional Use Permit No. 2005- 05030 to amend exhibits for apreviously-approved plant nursery, to permit a temporary modular unit. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby amend the conditions of approval in Resolution No. PC2005-146 pertaining to Conditional Use Permit No. 2005-05030 in their entirety to read as follows: Bold denotes modified or new condition 1: That4-foot high street address numbers shall be displayed on the roof of the modular 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. 2. That a maximum of one monument or freestanding sign shall be permitted. The design; size, and placement of wall and monument signage shall be in accordance with the requirements of Anaheim Municipal Code Section 18.44.080, 18.44.090, and 18.44.110 pertaining to monument signs and wall signs. Final sign plans shall be submitted to the Planning Services Division for review and approval as to placement, design and materials. Any decision by staff may be appealed to the Planning Commission as a "Reports and Recommendations' item. 3. That a landscape and irrigation plan for the property shall be submitted to the Planning Services Division for review and approval identifying the size, type and location of all proposed plantings as required by Code. Plans shall reflect the following: • The addition of forty-five (45) 24-inch box sized Tabebuia avellanedae trees within the front setback on Cerritos Avenue and ten (10) 24-inch box sized evergreen trees within the front setback along State College Boulevard. • The addition of three (3) 24-inch box sized evergreen trees distributed throughout the parking area Any decision by City staff may be appealed to the Planning Commission as a "Reports and Recommendations" item. -3- PC2007- 4. That a final screening and fencing plan for the property shall be submitted to the Planning Services Division for review and approval. Plans shall reflect the following: That the storage areas (for tools, equipment, and other related items) shall be surrounded on all sides by a substantial solid and/or opaque fence or wall at least six (6) feet in height as set forth in Section 18.46.110 (Screening, Fences, Walls and Hedges). The design and the materials used for the fence or wall shall comply with the provision of Section 18.40.150 (Structural Setbacks and Yards) of Chapter 18.40 (General Development Standards) unless provided otherwise in this section. m That outdoor storage shall not be located in any required setback area and confined to the areas identified on the approved site plan (Exhibit No. 1). e That all gates for access to the property shall swing inwardly or slide sideways and shall be kept closed when not in use except that the gate may be kept open during business hours provided on-site storage cannot be seen from adjacent public streets. The gates shall be subject to approval by the City Traffic and Transportation Manager. That the proposed six (6) foot high wrought iron fence shall be decorative and located outside of the minimum landscape setback. o That the proposed chain link fencing abutting the railroad right-of-way shall be entirely interwoven with PVC or simulated wood slats and view-screened with fast-growing vines and/or shrubbery. 5. 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. Said information shall be specifically shown on plans submitted for the Public Utilities Department, Water Engineering Division approval. 6. 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. 7. That a newdriveway approach, curb, gutter, parkway landscaping and sidewalk shal(be constructed in conformance with Public Works Standard Detail No. 115-B. Said information shall be specifically shown on plans submitted for building permits. 8. That gates shall not be installed across any 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. 609 and shall be subject to the review and approval of the City Traffic and Transportation Manager. Said information shall be specifically shown on plans submitted for building permits. 9. 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 devices (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.)... 10. That plans shall be submitted to the Traffic and Transportation Manager and 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 there upon be developed and maintained in conformance with said plans. 11. That an on-site trash truck turn around area be provided per Engineering Standard Detail No. 476 and as required by the Public Works Department, Streets and Sanitation Division. Said information shall be specifically shown on plans submitted for building permits. 12. That trash storage areas shall be provided and maintained in a location not within the minimum setback area and acceptable to the Public Works Department and in accordance with approved -4- PC2007- 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. 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. 13. That adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and grounds continuous 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. 14. That the applicant shall post a bond in an amount approved by the City Engineer and a form approved by the City Attorney to improve State College Boulevard with a five (5) foot wide parkway landscaping strip with parkway irrigation connected to the on-site irrigation system and five (5) foot wide sidewalk maintained by the property owner. The bond should also include improvements on Cerritos Avenue with a eight (8) foot parkway and five (5) foot sidewalk from the corner of State College Boulevard to the proposed driveway and a thirteen (13) foot wide landscaping strip from the proposed driveway to the east property line, with parkway irrigation connected to the on-site irrigation system and maintained by the property owner. 15. That final elevation plans for the proposed modular building incorporating architectural enhancements including a skirt to screen the wheels of the structure, for all elevations visible to State College Boulevard and Cerritos Avenue, shall be submitted to the Planning Services Division for review and approval prior to issuance of building permits.. Any decision by staff may be appealed to the Planning Commission as a "Reports and Recommendations" item. 16, That prior to the issuance of a grading permit, the applicant shall submit to the Public Works Department, Development Services Division for review and approval a Water Quality Management Plan that • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. • Incorporates Treatment Control BMPs as defined in DAMP. • Describes the Tong-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. 17. That the applicant shall use best efforts to assist the City in working with Southern California Edison to acquire an irrevocable offer to dedicate to the City of Anaheim a corner cut-off easement at State College Boulevard and Cerritos Avenue foe road, public utilities and other public purposes. Prior to final building and zoning inspections the following conditions shall be comalied with• 18. That the applicant shall .improve State College Boulevard with a five (5) foot wide parkway landscaping strip with parkway irrigation connected to the on-site irrigation system and five -5- PC2007- (5) foot sidewalk, to be maintained by the property owner and to improve Cerritos Avenue with an eight (8) foot.parkway and five (5) foot sidewalk from the corner of State College Boulevard to the proposed driveway and a thirteen (13) foot wide landscaping strip from the proposed driveway to the east property line, with parkway irrigation connected to the on-site irrigation system and maintained by the property owner. A Right of Way Construction Permit shall be obtained from the Development Services Division prior to the commencement of the work. 19. That a new driveway approach, curb, gutter, parkway landscaping and sidewalk shall be constructed in conformance with Public Works Standard Detail No. 115-B. Said information shall be specifically shown on plans submitted for building permits.. 20. That a sidewalk access ramp with truncated domes shall be constructed at the corner of State College Boulevard and Cerritos Avenue in conformance with'Public Works Standard Detail No. 111- 2. Said information shall be specifically shown on plans submitted for building permits. 21. That prior to issuance of a certificate of occupancy, the applicant shall: • Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the applicant is prepared to implement all non-structural BMPs described in Project WQMP. • Demonstrate that an adequate number of copies of the approved Projects WQMP are available onsite. • Submit for review and approval by the City an Operatibn and Maintenance Plan for all structural BMPs. 22. That "No Trespassing 602(k) P.C." signs be posted at the entrances of parking lot and be located in other appropriate places as determined by the Police Department. Signs must be at least two (2) feet by one (1) foot inbverall size with white background and black two (2) inch lettering. 23. That prior to final building and zoning inspections, an Emergency Listing Card, Form APD-281 shall be completed and submitted in a completed form to the Anaheim Police Department. 24. That the subject property shall be developed substantially in accordance with the plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department labeled Revision 1, of Exhibit'No. 1 and as conditioned herein. General Conditions: 25. That all sales transactions shall take place within the enclosed building on-site. 26. That no required parking area shall be fenced or othervvise enclosed for outdoor storage uses. 27. 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. 28. That outdoor storage except for plants, pottery, and fountains, shall be in accordance with the requirements of Anaheim Municipal Code Section 18.38.200 pertaining to outdoor storage. 29. 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. 30. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Code and any other applicable City, State and Federal -6- PC2007- regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other ordinance, regulation or requirement. 31. 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, except as amended herein, Resolution No. PC2005-146 shall remain in full force and effect. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competentjurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. B'E 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 March 19, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on March 19, 2007, 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 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION 7- PC2007- Attachment -Item No. 3 RESOLUTION NO. PC2005-146 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005-05030 BE GRANTED (1500 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: THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 7, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHERLY OF THE NORTHERLY LINE OF THE SOUTHERN PACIFIC COMPANY'S RIGHT OF WAY (TUSTIN RANCH), AS SAID RIGHT OF WAY IS DESCRIBED FIRST IN DEED DATED MAY 28, 1889 FROM PACIFIC IMPROVEMENT COMPANY TO SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED JUNE 27, 1889 IN BOOK 570, PAGE 286, OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF LOS ANGELES. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 3, 2005 at 230 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 18.66.040.030, 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 accessory retail sales in conjunction with a plant nursery is a proper accessory use for which a conditional use permit is authorized by the Zoning Code; and 2. That the proposed accessory retail sales in conjunction with a plant :nursery would not adversely affect the adjoining land uses and the growth and development of the area in which It is proposed to be located since the site is located along State College Boulevard surrounded by Industrial uses Ivan area typically known as "Tile Mile", where retail sale of file and floor coverings sales are clearly incidental to the warehousing and/or wholesale distribution is permitted.. The wholesale plant nursery with accessory retail sales would be consistent with, and complement the surrounding land uses in the area, operating in a similar fashion to existing surrounding land uses; and 3. That the size and shape of the site is adequate to allow full development of accessory retail sales of plants and pottery In conjunction with a plant nursery in a manner not detrimental to the particular area nor to the health and safety of the citizens of Anaheim, as the site would provide for the minimum code- required parking, setbacks, and screening; and 4. That 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 as the site is located within an industrial area at the intersection of two arterial highways. The proposed use would not generate a significant number of trips when compared to surrounding industrial complexes and therefore, would not create an increased demand on the streets and highways in the vicinity; and 5. That granting this conditional use permit will not, under the conditions Imposed, be detrimental to the particular area and surrounding land uses, nor to the public health and safety as the site Cr\PC2005-146 -1- PC2005-146 would be substantially improved and would have full vehicle access and on-site parking. As conditioned, the minimum code requirements for landscaping, setbacks, and parking would be provided on site to ensure the. ,. safe and clean operation of the facility in a manner not detrimental to the area or surrounding land uses: and 6. 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: The Planning Department has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15303, Class 3 (New Construction or Conversion of Small Structures), 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 cond(tions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of [he Citizens of the City of Anaheim: 1. That aU sales transactions shall take place within the enclosed building on site. 2. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 3. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased andlor dead. 4. That outdoor storage except for plants, pottery, and fountains, shall be In accordance with the requirements of Anaheim Municipal Code Section 18.38.200 pertaining to outdoor storage. 5. That 4-foot high street address numbers shall be displayed on the roof of the modular 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. 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 occurrence. 7. That a maximum of one monument or freestanding sign shall be permitted. The design, size, and placement of wall and monument signage shall be In accordance with the requirements of Anahelm Municipal Code Section 18.44.080, 18.44.090, and 18,44.110 pertaining to monument signs and wall signs. Final sign plans shall be submitted to the Planning Services Division for review and approval as to placement, design and materials. Any decision by staff may be appealed to the Planning Commission as a "Reports and Recommendations" item. 8. That a landscape and irrigation plan for the property shall be submitted to the Planning Services Division for review and approval ident(fying the size, type and location of all proposed plantings as required by Code. Plans shall reflect the following: The addition of forty-five (45) 24-inch box sized Tabebuia avellanedae trees within the front setback on Cerritos Avenue and ten (10) 24-inch box sized evergreen trees within the front setback along State College Boulevard. The addition of three (3) 24-Inch box sized evergreen trees distributed throughout the parking area Any decision by City staff may be appealed to the Planning Commission as a "Reports. and Recommendations" item. -2- PC2005-146 9. That a final screening and fencing plan for the property shall be submitted to the Planning Services Division for review and approval. Said information shall be specifically shown on plans submitted for Planning Services Division approval. Plans shall refleck the following: • That the storage areas (for tools, equipment, and other related items) shall be surrounded on all sides by a substantial solid andlor opaque fence or wall at least six (6) feet in height as set forth in Section 18.46.110 (Screening, Fences, Walls and Hedges). The design and the materials used for the fence or wall shall comply with the provision of Section 18.40.150 (Structural Setbacks and Yards) of Chapter 18.40 (General Development Standards) unless provided otherwise in this section. • That outdoor storage shall not be located in any required setback area and confined to the areas identified on the approved site plan (Exhibit No. 1). • That all gates for access to the property shall swing Inwardly or slide sideways and shall be kept closed when not in use except that fhe gate may be kept open during business hours provided on-site storage cannot be seen from adjacent public streets. The gates shall be subject to approval by the City Traffic and Transportation Manages • That the proposed six (6) foot high wrought lydn fence shall be decorative and located outside of the minimum landscape setback. • That the proposed chain link fencing abutting the railroad right-of-way shall be entirely interwoven with PVC or simulated woad slats and view-screened with fast-growing vines and/or shrubbery. 10. 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. Said information shall be specifically shown on plans submitted for the Public Utilities Department, Waler Engineering Division approval 11. 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. 12. That prior to the issuance of a grading. permit, the applicant shall submit to the Public Works Department, Development Services Division for review and approval a Water Quality Management Plan that: • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability., minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • 'Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan.. • Incorporates Treatment Control BMPs as defined in DAMP. • Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. • Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs, and describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. 13. That prior to issuance of a certificate of occupancy, the applicant shall • Demonstrate that all structural BMPs described In the Project WQMP have'been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the applicant js prepared to implement all non-structural BMPs described in Project WQMP. 3- PC2005-146 • Demonstrate that an adequate number of copies of the approved Projects WQMP are available onsite. _ • Submit for review and approval by the Clty an Operation and Maintenance Plart for all structural BMPs. 14. That the petitioner shall submit grading plans to the Public Works Department to improve State College Boulevard and Cerritos Avenue per Public Works Standard Detail No. 160-A. In addition, a five (5) foot parkway landscaping strip and five (5) foot sidewalk shall be constructed with parkway irrigation connected to the on-site irrigation system and maintained by the property owner. A bond for the required improvements shall be posted in an amount approved by the City Engineer and a form approved by the City Attorney prior to issuance of a building permit. A Right of Way Construction Permit shall be obtained from the Development Services Division for all work pertormed in the right-of-way. These improvements shall be constructed prior to final building and zoning inspections. 15. That the applicant shall use best efforts to assist the City in working with Southern California Edison to acquire an irrevpcable offer tc dedicate to the City of Anaheim a corner cut-off easement at State College Boulevard and Cerritos Avenue for road, public utilities and other public purposes. 16. That a new driveway approach, curb, gutter, parkway landscaping and sidewalk shall be constructed in conformance with Public Works Standard Detail No. 115-B. Said information shall be specifically shown on plans submitted for building permits. 17. That a sidewalk access ramp with truncated domes shall be constructed at the comer of State College Boulevard and Cerritos Avenue in conformance with Public Works Standard Detail No. 111- 2. Said information shall be specifically shown on plans submitted for building permits. 18. That gates shall not'be installed across any 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. 609 and shall be subject to the review and approval of the City Traffic and Transportation Manager. Said information shall be specifically shown on plans submitted for building permits. 19. That the locations for future above-ground utility devices including, but not)lmited to, electrical transformers, water backflow devices, gas, commuhicalions, and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each devices (i.e.'landscape screening, color of walls, materials, identifiers, access points, etc.)... 20. That plans shall be submitted to the Traffic and Transportation Manager and 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 there upon be developed and maintained in conformance with said plans. 21. That an on-site trash truck turn around area be provided per Engineering Standard Detail No. 476 and as required by the Public Works Department, Streets and Sanitation Division. Sold Information shall be specifically shown on plans submitted for building permits. 22. That trash storage areas shall be provided and maintained in a location not within the minimum setback area and acceptable to the Public Works Department and in accordance with approved plans on file with said Department. Sa(d storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets. 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. -0- PC2005-146 23. That adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and grounds continuous 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. 24. That "No Trespassing 602(k) P.C."signs be posted at the entrances of parking lot/structure antl be located in other appropriate places. Signs must be at least two (2) feet by one (1) foot in overall size with white background and black two (2) inch lettering. 25. That the entrance to the parking area shall post appropriate signs per 22658(a) C.V:C, to assist in removal of vehicles at the property owners/managers request. 26. That an Emergency Listing Card, Form APD-281 shall be completed and submitted in a completed form to the Anaheim Police Department. 27. That final elevation plans far the proposed modular building incorporating architectural enhancements on the north, east, and west elevations facing State College Boulevard and Cerritos Avenue shall be submitted to the Planning Services Divis(on for review and approval. Any decision by staff may be appealed to the Planning Commission as a "Reports and Recommendations" item. 28. That the subject property shall be developed substantially in accordance with the plans and specifications submitted to the Gity of Anaheim by the petitioner and which plans are on file with the Planning Department Exhibit No. 1 and as conditioned herein. 29. 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. 5, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 27 above mentioned, shall be complied with. Extensions for further time to complete said conditions maybe granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 30. That prior to final build(ng and zoning inspections, Condition Nos. 13, 14, 24, 25, and 26 above mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted I accordance with Section No. 18.60,170 of the Anaheim Municipal Code. 31. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal 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 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. -5- PC2005-146 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 3, 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 8Y ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleahor 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 October 3, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, KARAKI, PEREZ, ROMERO, VELASOUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF; I have hereunto set my hand this day of 2005. (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -6- PC2005-146 Attachment -Item No. 3 RE: Project CUP2005-05030 We would like to request the City to consider a waiver of the required 20-foot wide landscape setbacks along State College Boulevazd and Cerritos Avenue and waivers o£ the required public improvements along State College Boulevard and Cerritos Avenue. The reason we would like the waivers are the following: After the required 5-foot wide sidewalk and 5-foot wide landscaped pazkway as required by the Public Works Department, our site remains only 1.6 acres. We have a triangulazly-shaped site, resulting in an extremely long frontage along Cerritos Avenue, greater than most of useable land; the State College side has a length of 190-feet and Cerritos side is 800-feet, with a total of approximately 1,000 square feet of landscaped frontage. The requirements of the landscaped pazkway and the 20-foot wide landscape setbacks along both frontages would require approximately 25,000 squaze feet of landscaping; this is more than half an acre of useable space for the business. 2. There aze 2 Southern California Edison electrical transmission towers on the site that further constrains the useable area on the property and additional height requirement of plants.. The laktice towers reduce the useable azea by approximately 6,000 squaze feet. In addition, the sharp point of the triangulaz shape of the site further constrains the use of the property. Overall, the total loss from the SCE towers, landscape setbacks and the inegulaz shape of the property creates an approximately 1-acre loss of useable display, storage, and retail azea. The landscape setback requirement dramatically reduces our business space, such a big space loss will affect our revenue and will also reduce the City's revenue from us. Plants make our environment beautiful and healthier. I believe this is the reason why the City requires a 20-foot wide landscape setback. In any city, there aze 99% of development projects aze residential buildings or commercial buildings. A 20-Foot landscape setback is reasonable for the building because it adds greenery to the pazking lot and building, beautiful for the building and healthier for the environment. However, for a nursery business, our inventory and products aze plants, our products itself are good for the environment. If we would like to be successful, the nursery would have to make its layout beautiful. The 20-foot landscape setback is not only a big reduction of space for us to do business, but also dries our money out and can't do this business anymore...if our plants inventory instead of 20-foot landscape setback, it would be same to the environment and it would be the same or even more beauty for the city street. In the meantime, save the money for us to buy more inventory and make more business to pay more to the City. 4. I have a wholesale pottery business in another City, and most of our customers aze nurseries. I visited azound 400 nurseries in California, Arizona, and Nevada, and there does not exist any nurseries with a 20-foot wide landscape setback.. I understand that this is a new Code and the City of Anaheim cannot be compazed with other city standards. However, this Code is not as applicable to a nursery use as it is for a commercial or residential use. 5. I understand that the City does not take into account financial costs for' approving a waiver. But for a big building development, involving millions of dollars, $200,000 on landscaping is a very small amount for the overall project. However; our budget is $200,000 and the required landscape setbacks would cost approximately $4-6 per square foot, which would cost us approximately $100,000 to comply with the landscape setbacks. 6. The City always likes to ask that if we waive the 20-foot setback for you, what would happen if we close the business or sell? My answer for that is: we have a conditional use permit for only a nursery use, if we were to sell our business, the new owner would have to function in the same way. If the new business is not related to the sales of plants and trees then the City can requires a 20-foot landscape setback for the redevelopment of the property in the future. We aze a small investor, but we chose to develop a property difficult to use for other businesses. If the requirement to improve the public right-of--way for the comer cut-off, sidewalks, and pazkways on both State College Boulevazd and Cerritos Avenue, we would have to invest a majority of our funds to improving the public azea rather than improving our property. The reality is that we aze a wholesale business, not primarily geazed toward general public sales and pedestrians. We believe that the addition of sidewalks and a corner cut-off is unnecessary since pedestrian use would be limited and the sidewalk would lead directly to properties without sidewalks. Therefore, if a sidewalk was provided it would end and create an inconvenience for the pedestrian.. The difficulty for providing the public improvements is our lease terms is only for 5 years. If the business does not work or in 5 yeazs somebody outbids us for the use of the property the public improvements would have been a waste of our money. We are willing to provide the land for landscaping and if the City would like to add sidewalks in the future that would be fine but the financial expense and risk is a large burden that is being placed onus as small business owners. Please consider all the reasons listed above and waive our 20-foot wide landscape setback along Cerritos Avenue and State College Boulevazd and public improvements as required by the Public Works Department. Stephanie Li Representative of Feng Run Gazden Attachment -Item No. 3 ®~ ~ ®~ CITY OF ANAHEIM DATE: February 21, 2007 - TO: Kimberly Wong, Zoning and Development Review, Planning FROM: James Ling, Development Services, Public Works (714) 765-5100 ext. 5853 SUBJECT: WAIVER REQUEST IN CONJUNCTION WITH A PROPOSED PLANT NURSERY CUP2005-05030/ 1500 S. STATE COLLEGE BLVD The applicant has requested that the sidewalk, pazkway street trees, and ADA sidewalk access ramp be waived along State College Boulevard and Cerritos Avenue. Public Works staff has reviewed the applicant's request to waive the public right-of--way improvements and recommends the following: a.) Denial of the waiver request to delete the sidewalk and comer access ramp along State College Boulevazd. b.) Denial of the waiver request to delete the parkway street trees along State College Boulevazd and Cerritos Avenue. c.) Approval of the waiver request to delete the sidewalk along Cerritos Avenue for the portion east of the proposed driveway. Sidewalk is still required along Cerritos Avenue from the comer access ramp to the driveway. It is anticipated that the project's potential for generating vehiculaz and pedestrian traffic will increase in relation to the property's current vacant condition. Additionally, neither of the exemptions findings as stated in the "Discretionary Exemptions" section of the code is appli6able to the proposed development. The relevant code sections and supporting information aze provided below; AMC 18.40.060.080.0801 There is no reasonable relationship between the need for the required dedication and improvements and the type of development project on which such requirements are imposed. s The code anticipates that changes will occur in the local neighborhoods and the City generally. As a result of activities associated with the City's development and growth, dedications of right-of-way and improvements are deemed necessary to prevent congestion and other hazazds that are related to the intensified use of the land, and to preserve public health, safety and welfaze. This statement is consistent with the applicant's request to change the land use of the subject property from a currently vacant site to a higher intensity commercial use in an industrial area. The development would create traffic and other conditions necessitating the improvement of the public right-of--way. Employees and customers are anticipated to be on-site as a duect result of the operating business. These visitors would create additional vehicle and pedestrian activity to and from the property and may commute to work via public transportation or walk to other local points of destination. • In an evolving or growing urban area each additional development adds to the traffic burden. I[ is reasonable and necessary to construct the public improvements since the characteristics of industrial aeeas have changed over time. Previously, employees would typically drive to work and then leave at the end of the day with their vehicles. Previous street standards in industrial areas did not include provisions for sidewalks. Today, there are public transportation routes, restaurants and other service businesses that serve people in the area.:- • Improvements are necessary and would benefit the development. Public transportation is highly encouraged within the City and County and there is a bus route on State College Boulevazd that serves this area. Additionally, a certain percentage of public transportation use is even taken into account in the development of the City's Planned Roadway Network (Circulation Element). o The City has approved requirements and standards to insure uniformity and orderly development. Public Works Standazd Detail 160-A For public streets in industrial areas indicate a parkway and sidewalk. The proposed street improvements would establish confomuty with neighborhood design. o There are existing sidewalks on both sides of Cerritos Ave just west of State College Blvd. There are existing sidewalks on the west side State College Blvd north and south of Cerritos Avenue. No sidewalks currently exist on Cerritos Avenue east of State College Blvd or on State College Blvd north and south of Cerritos Ave. o Sidewalk access rnmps at the northwest and northeast comers of State College Blvd and Cerritos Avenue have already been upgraded to be in compliance with City and ADA standazds, i.e. constructed with tmncated domes. AMC 18.40.060.080,0802 The cost oflhe required dedication and improvements unreasonably exceeds the burden or impact created by the development project. • Citywide Traffic and Transportation Impact and Improvement Fees were developed based on actual construction costs to widen a public street and then apportioned to the different land uses and anticipated traffic impacts created, ie. single family, apartment, general office, retail, industrial, church, etc. The City Council then reduced by 68% the actual cost for purposes of establishing the impact fee. • The proposed 408 SF modular trailer will be calculated as retail space for purposes of Traffic Impact Fee determination. The two proposed outdoor sales display areas (32,007 SF and 36,897 SF) will be calculated as industrial space for fee purposes since the traffic generation counts associated with the sales display land use are more similaz to an industrial use rather than a higher intensity retail use. Public Works .staff used the City Council approved traffic impact fees and then calculated the 100% value of the traffic impacts associated with the development request. ® Based on estimates prepared by Public Works staff, the cost for the required corner access ramp, sidewalk along State College Blvd, sidewalk along Cerritos Ave from the access ramp to the driveway and pazkway street trees along State College Blvd and Cerritos Ave do not unreasonably exceed the burden or impact created by the development project. I:~IDC~Feng Run Gardens Waiver Denial.doc a Item rvo. 4 QQ N "( W ym K~ ~ C-G U ~ RCL 61-fit-28 ~' CUP 158 LA CUESTA CONDOMINIUM 36-0U-- RS-2 ~ ~ n m C-G 1 DU EACH ~ ,~<_'~ ¢ RCL 65-66-116 ~ 4'Nm~z U CUP 3553 ~9- RS-2 z Ufo ~ugm ¢ CUP 2101 ~ H DUEACH 3 ~~_~ ¢ VAR 1799 CUP 1671 ACACIA CENTER LA PALMA AVENUE ~-I 1zo^~I-~ asz'---~ 'm c c m~ i O O ~~. Conditional Use Permit No. 2007-05184 Requested By: ROMAN CATHOLIC BISHOP OF ORANGE 1450 East La Palma Avenue I `O 4pU ~ 4D P e' m A N Z~ N ANN Po i ~ ~: ~wv.; Subject Property Date: March 19, 2007 Scale: 1" = 200' Q.S. No. 92 10235 Conditional Use Permit No. 2007-05184 Requested By: ROMAN CATHOLIC BISHOP OF ORANGE 1450 East La Palma Avenue Subject Property Date: March 19, 2007 Scale: 1" = 200' Q.S. No. 92 10235 Staff Report to the Planning Commission March 19, 2007 Item No. 4 4a. CEQA NEGATIVE DECLARATION (Motion) 4b. WAIVER 06CODE REQUIRMENT (Motion) 4c. CONDITIONAL USE PERMIT NO 2007-05184 (Resolution) SITE LOCATION ANDbESCRIPTION: (1) This property is identified as' 1450 East La Palma Avenue - St. Anthony Claret School REQUEST: (2) The applicant requests approval of a conditional use permit to permif two modular buildings for classrooms at an existing parochialschool under authority of Cade Section 18! 14.030.080 (Temporary Modular Units)'with waiver of the following provision: (a) SECTION NO. 18.42.040.010 Minimum number of oarkinq_spaces (424Yequired'335 proposed) BACKGROUND: (3) This property is currently developed with a church, private school (preschool through 81h grade)'and convent and is located within the Transition (T)'zone. The Genera! Plan designates this property and'the properties to the north (across La Palma Avenue), west and south for Low Density. Residential land uses and the properties to the east for Medium Density Residential land uses. (4) The church and school were establislled in 1961, prior to the requirement of a conditional use permit:' DEVELOPMENT PROPOSAL: (5) The applicant proposes to install modular classrooms for permaneht use to expand an existing private elementary and junior,high school facility. (6) As depicted in the following aerial, the applicant proposes two (2) modular classrooms in a portion of an existing playing field, adjacent to existing school buildings at the back of the site (refer to site plan,'Exhibit No: 1). The modular buildings are: proposed a minimum'of twelve (12) feet away from any existing buildings. Theproposedmodular ciassrooms'arelocated at the center of the'site and would not be visible from La Patma Avenue to the north`or the rear yards of homes to the west; because they would be blocked by existing buildings. They wpuld tie Ideated at least 250 feet from residences to the'south and: east. SRCUP2007-05184eyt 'Page 1 Staff Report to the Planning Commission March 19, 2007 Item No. 4 tlse Quantity/Sloe Code Parking Rate Parking - Re wired Classrooms 17 1 s ace/classroom 17 Church. 13,466 s.f. 29 s aces/1,000 s.f. 391 Offices 2,660 s.f. 4 spaces per 1,000 s.f. 17 Pastors Quarters 4 bedroom unit 3 spaces far a 3 bedroom unit, plus 0.5 per bedroom above 3 4 Totab, 424. (8) The floor and elevation plans (Exhibit No. 2) indicate that each modular building is 24 feet wide by 40 feet long:. Each unit has a ramp, door: and two windows:.: The entries would be .located on the west side of each unit. (9) , The letter of request indicates the school offers preschool to 8s' grade instruction and the. requested modular whits are intended foYclassroom use, The school currently consists of 15 classrooms for a total of 17 classrooms with the proposed expansioh: No staff additions are planned far the proposed classrooms:: ENVIRONMENTAL IMPACT ANALYSIS: ' (10) Staff has reviewed the proposal to construct two modular classrooms and prepared the Initial Study (a copy of which is available for review ih the Planning Departmeht),which finds no significant environmental impact ahd, therefore; recommends that a Negative Declaration be approved. EVALUATION: (11) Temporary trailers (modular classrooms) are permitted in the Transition zone subject to approval of a conditional use permit, (12) The applicant proposes to provide less parking than what the code requires. Code requires a minimum of 424 spaces for the school,. church and accessory uses,,and plans indicate the site currently has 335 spaces. A parking demand study, dated December 13;:2006, was prepared by the. City's traffic and parking consultant and it was determined that the existing parkinglots provide sufficient parking to accommodate the proposed expansion: Parking counts under the current church' operations demonsGate that the three parking lotsprovide parking spaces that are 20 percent in excess of the maximum observed parking demand, The modular classrooms would be used during school hoursand not in conjunction with churctrservices: BasedUpoh the cohsultaht's ahalysis ahd recommendation, staff recommendsapproval of this waiver.. (13) A survey of occupied parking spaces during peak times (evening church services) showed that the distribution of parking spaces did not correspond to the available parking in each of tfie threelots. The number of vehicles parked in the lot closest to the church facility (Lot A); ` was greater than the number of marked stalls:- Vehicles were parked along curbs and drive aisles once the lot was full ..This condition may. be attributed to the lack of lighting in Lot B: Staff recommends a condition of approval requiring that all parkinglots be sufficiently illuminated and hat the lots be monitored by church staff to ensure that cars are parked in marked stalls. (14) The request to permit the modular whits is compatible with the existing school operations. The modulanunits will hot negatively impact the adjacent single-family and multiple-famity residential neighborhoods since hey will either not oe visible because they will be blocked by Page 3 l Staff Report to the Planning Commission. March 19, 2007 Item No. 4 existing adjacent school buildings, or are a substantial distance from neighboring properties. -- Due to the low visibility of the proposed structures, staff is supportive of the modular units_ FINDINGS (15) Section 18.42.110 of the parking code sets forth the following findings which are required to be made before a parking waiver is approved by the Planning Commission: ` (a) That the waiver; under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for such use than the number of such spaces necessary to'accommddate all vehiclesattributable to such use'under the normal and reasonable foreseeable cohditions of operation of such use. (b) That the waiver, under the conditions imposed, if any, will not increase the demand and competition for parking spacesupon the public streets in the immediate vicinity of • theproposed use. (c) 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: (d): That the waiver; under the conditions imposed; will not increase traffic congestion within the bff-street parking areas or lots provided far such' use. (e) That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress from adjaceht properties upon the public streets in the immediate vicinity of the proposed use. Unless conditions to the'contrary are expressly imposed upon the granting of any waiver pursuant to this section, the granting of the waiver shall be deemed contingent upon operation of the proposed use in conformance with the assumptions relating to the operation and intensity'of the use as contained in the Parking Demand Study thafformed the basis for approvalof the waiver: Exceeding; violating, intensifying or otherwise deviating from any of the assumptions as cohtained ih the Parking'Demand Study shallbe deemed a violation of tfte express conditions imposed upon the waiver, wfiich'shall subject the waiver to revocation 'or mddification pursuant to the provisions of Section 18..60:200 (City-Initiated Revocation or Modificatioh of Permits):`. {16) Before the Commission grants any conditional use permit, it must make a finding of fact that the evidehce'presented shows thaf all bf the following conditions exist (a) That the use is properly one for which a conditional use permit is authorized by the Zohing Code,'oris an unlisted useasdefined in Subsection'.030 (Unlisted Uses Permitted) of Sectioh 18:66.040 (Approval Authbrity); (b) - That the use will' not adversely affect the adjoining land uses or the growth and develbpmeht of the area ih which it is proposed to be located; (c) That the size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to tfie particular area or to the health and safety; (d) That the traffic generated by the use will not impose an undue burden upon Che `streets and highways designed aid improved to carry the traffic in tfie'area; and Page 4 1 Staff Report to the Planning Commission March 19, 2007 Item No. 4 (e) That the granting of the conditionalUse permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. RECOMMENDATION: (17) Staff recommends that, unless additional or contrary information is received during the. meeting, and based upon the evidence submitted to the Commission, including the evidence presented in this staff report, and oral and written evidence presented at thepublic hearing, that the Planning Commission approve the applicant's request by taking the following actions: (a) By motion, approve a CEQA Negative Declaration for the project. (b) By motion, approve the waiver. (c) By resolution, a rove Conditional Use Permit No. 2007-05184. Page 5 jDRAFT] RESOLUTION NO. PC2007--*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT:PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05184 BE GRANTED (1450 EAST LA PALMA AVENUE) - WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF LOT TWO OF TRACT NO. 153, AS SHOWN ON A MAP RECORDED IN BOOK 11, PAGE 46 OF MISCELLANEOUS MAPS, :RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY PROLONGATION OF THE WEST LINE O'F SAID LOT TWO WITH THE CENTER LINE OF LA PALMA AVENUE (FORMERLY NORTH STREET), AS SHOWN ON SAID MAP; THENCE SOUTH 89° 50' 30" EAST ALONG THE CENTER LINE OF SAID LA PALMA AVENUE, A DISTANCE OF 399.85 FEET; THENCE SOUTH 15° OS' 30" EAST 352.96 FEET; THENCE NORTH 800 43' 15" EAST 197.48 FEET TO THE WESTERLY LINE OF LAND DESCRIBED fN DEED TO JAMES WETFON AND WIFE, .RECORDED APRIL 101h, 1928 IN BOOK 148, PAGE 389 OF OFFICIAL RECORDS; THENCE SOUTH 16° 41' 50" EAST 377:96 FEET ALONG SAID WESTERLY LINE TO THE SOUTH LINE OF SAID LOT TWO; THENCE SOUTH 740 13' 30" WEST 564,80 FEET TO THE SOUTHWEST CORNER OF SAID LOT TWO; THENCE NORTH 17° 01' 00" WEST 86 1,42 FEET TO THE POINT OF BEGINNING WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the Ciry of Anaheim on March 19, 2007, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim .Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed request to permit two modular buildings for classrooms at an existing parochial school is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.14.030.080 (Temporary Modular Units) with the following waiver. SECTION NO. 18.42.040.010.. Minimum number of parking spaces (424 required; 335 proposed) 2. That the parking waiver is hereby approved based upon a parking demand study prepared by Rafiq & Associates, the City's Traffic and Parking Consultant, providing evidence that adequate parking exists on the property for the existing church and expanded school facility. 3. That the parking waiver, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for the church, school and accessory operations 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 the church, school and accessory operations because the parking study indicates that the peak parking demand for off-street parking spaces is lower than the quantity provided for the project site (269 spaces needed and 335 spaces proposed). Cr\PC2007-0 -1- PC2007- 4. That the parking waiver, under the conditions imposed, if any, will not increase traffic congestion and will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the use because the church and school will have adequate parking to accommodate the project's peak parking demands. 5. That the parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because as indicated in the parking study, adequate parking to accommodate the anticipated project peak parking demand will be provided on-site. 6. That the parking waiver, under the conditions imposed if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity pf the proposed use because the project site is physically separated from adjacent private properties. Furthermore, it has been determined by the parking study that adequate on-site parking spaces are being provided. 7. 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; 8. 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. 9. That `** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to permit two modular units for classroom use; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independentjudgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the church shall ensure that all parking lots are sufficiently illuminated and shall monitor the parking lots to ensure that congregants are parking in marked stalls. 2. That any proposed parking lot lighting shall be limited to a maximum height of 12 feet and directed away from the adjacent single-family residences to the west 3. That the school be limited to a total of seventeen (17) classrooms. Said information shall be specifically shown on plans submitted for building permits. 4. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment's of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 5. That any required relocation of City electrical facilities shall be at the developer's expense. -2- PC2007- 6. That the legal owner of subject property shall provide the City of Anaheim with a public utilities easement (dimensions will vary with electrical design) along/across high voltage lines, low voltage lines crossing private property and around all pad mounted transformers, switches capacitors, etc: Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 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.). Prior to final building and zoning insaections the following conditions shall be comalied with: 8. That the applicant shall obtain any necessary building permits and shall obtain Building Division clearance for the modular units. 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. General Conditions: 10. That separate services and/or events shall not be held simultaneously within the sanctuary and. assembly hall resulting in an increase in parking demand. 11. That this school and religious institution shall operate consistent with assumptions contained in the approved parking study. If at any such time the operational characteristics of the church change, a detailed description of the operational changes shall be submitted for review by the City's Traffic and Parking Consultant to determine if the changes would cause fewer off-street parking spaces to be provided than the number of spaces provided on site. If it is determined the expected demand is greater than the spaces provided on site, an application for modification of the conditional use permit shall be submitted to the Planning Services Division for approval by the Planning Commission. 12. 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 the time of discovery. 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. 14. 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. -3- PC2007- 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 March 19, 2007. 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 March 19, 2007, by the fallowing vote of the members thereof: AYES: COMMISSIONERS NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, 1 have hereunto set my hand this day of 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2007- Attachment -Item Plo. 4 St. Anthony Claret Church Parking Study 1450 East La Palma Avenue Anaheim, California Prepared for: Prepared by: Rafiq ~ _ flssociates, Inc. March 2007 Table of Contents Section Page I. Introduction 1 2. Project Location 1 3. Site Description 1 A. Existing Site 1 B. Proposed Site 1 4. Parking Requirements per Municipal Code 1 5. Site Parking Counts 2 6. Methodology of Study 2 7. Analysis 2 8. Conclusions 3 9. Recommendations 3 10. Findings 3 Appendix A Parking Counts Appendix B Site Photos Rafiq & Associates, Inc. St. Anthony Claret Church 1. Introduction The purpose of this parking study is to evaluate the parking demand for a proposed school expansion at St. Anthony's school. The site contains both an elementary school containing 15 classrooms, and a Catholic church. The school:proposes to add two modular classrooms: The school wishes to re-purpose several existing school classrooms into a science lab, a computer lab, and a library, within the existing school building. The .modular classrooms would` be used for general classroom educational activities. The expansion of this site is not for the purpose of increasing the enrollment. The enrollment is 320 students. The code-required parking is not available. This study is necessary to demonstrate that the uses are non-concurrent, and that the parking demand for the additional two classrooms will be accommodated within the existing site and the proposed site as presented in the Conditional Use Permit. 2. Project Location St. Anthony's school and church are located at 1450 East La Palma Avenue. 3. Site Description. A. Existing Site The site is located on the south side of La Palma Avenue, just west of the intersection of La Palma and North Wanda Drive. North Wanda Drive extends north of La Palma Avenue and forms a T-intersection with La Palma. The adjacent intersection west of the site is N. Buttonwood and La Palma. Buttonwood extends south of La Palma and forms a T-intersection with La .Palma. The site is located .halfway between North East Street on the west and State College on the east. There are three accesses from La Palma; the most easterly and the most westerly driveways are restricted to egress, and the center driveway is restricted to ingress only. The parking. area consists of three :paved lots. Lot A is nearest the street and has. 128 spaces (see Figure 3 Appendix B). Lot B is beyond rolling gates that are opened for use during weekend church services. Lot B contains 193 parking spaces, and is situated furthest within the site (see Figure 5 Appendix 8). Lot C has 14 angled spaces for teacher .:parking (see Figure 4 in Appendix B). There is also a grassy field adjacent to the lot B, for potential overflow parking (See Figure 6 in Appendix B). This turf area has a potential capacity to park 160 vehicles. B. Proposed Site St. Anthony's school desires to expand the school to include two modular classrooms. No new paved parking spaces are being provided, as the parking demand for the site is easily ~ accommodated within these parking spaces. Other upgrades are proposed, such as improved parking lot lighting. A schematic of the parking areas is provided on the count sheet in Appendix A. 4. Parking Requirements per Municipal Code The City of Anaheim parking code requires 424 spaces for the school expansion. The site contains approximately 335 parking spaces, based upon the car counts. The site plan provided with this submittal tabulates 340 paved parking spaces, which include the four covered parking Rariq 8 Associates, nc. ~ SL Anthony Claret Church spaces within the garage, five accessible spaces including one van accessible space, and 331 regular spaces. The code-required parking for the church and school uses are tabulated below. Citv of Anaheim code-reaaired oarkina requirements for orooosed exoansiom Land Use Quantity Units Code Parking Rate Parking Re uirement Classrooms 17 classrooms 1/classroom 17 Church* 13..46625 TSF 29/TSF ' 391 Offices 2.88 TSF 4/TSF 12 Pastor's Quarters (single 4 bedroom 3spaces per 3 4 family residence standards) bedrooms +0.5/bedroom above 3 Assembly Hall (5544 SF)* 792 Max. posted 0.2/occupant if a 0 occu anc kitchen is in hall Total 424 Note': Per City Staff, a condition will be placed so that the hall and the church will notbe used concurrently, and the 16 spaces required for the assembly hall (.2 X 792 = 16) will. not be. counted due to the lack of a kitchen in the hall (see community ahd religious standards fn Section 18.42 of the municipal code for nonresidential parking and loading) 5. Site Parking Counts Counts were taken by Southland Car Counters on Thursday, November 30, 2006; between 1:00 PM and 7:00 PM, and Sunday, December 2, 2006, between 7:00 AM and 1:00 PM and between 5:00 PM and 7:00 PM; in 30 minute intervals. Based upon the counts taken, the maximum number of occupied parking spaces was 269 spaces at 8:00 AM on Sunday morning. On a weekday when activities were scheduled in the evening, the peak parking demand was 36 parking spaces. The count sheet is provided in Appendix A. 6. Methodology of Study Parking counts were taken on a typical weekday and Sunday during church services. The car counts were used to determine whether the site's existing parking lots are sufficient to accommodate the parking demand on an average weekday and an average Sunday. 7. Analysis Based on the maximum observed parking demand, 269 parking spaces out of 335 available surface parking spaces were occupied on Sunday morning during the two 8:00 AM services. This represents an 80% occupancy rate. This maximum observed parking demand was 269 parking spaces, which is far lower than the code-required parking of 424 parking spaces. All of the site's parking demand can be accommodated within the paved parking lots. No overflow parking upon surrounding streets is anticipated. The turf area is not needed for parking on an ordinary weekend. The site may experience an unusually high parking demand during Holy days such as Easter and Christmas., and the turf area would be useful for infrequent overflow parking. Rafiq 8 sociates, Inc. 2 SL Anthony Claret Ghurch The peak parking demand occurs when the school is not in session. The addition of two new classrooms equates to acode-requirement of two more spaces. Considering the maximum_ observed parking demand of 269, two more vehicles would be 271. This can easily be accommodated within the existing approximately 335-space parking lot as well as within the lot as proposed in this CUP (340 spaces). 8. Conclusions St. Anthony's provides sufficient parking to accommodate the proposed expansion. There is a surplus of 20% of existing parking spaces that are in excess of the observed maximum parking demand and two more vehicles attributed to teachers in the two new classrooms will be accommodated. However, the distribution of vehicles within the three lots does not correspond to the number of available parking. spaces. Parking Lot A is the parking lot closest to the church. It contains 128 marked parking spaces. The car counters counted 143 vehicles parked in this lot on Sunday morning at 8:00 AM, and 151 parked vehicles on Sunday night at 5:00 PM. This means that 15 vehicles were parked along curbs and drive aisles after all the parking spaces within Lot A were occupied on Sunday morning and 23 vehicles in excess of the marked spaces were parked in Lot A on Sunday night during the 5:00 service. These additional vehicles could have easily been accommodated within Parking Lot B. The gates to Parking Lot B were open and Parking Lot B was available for parking. Based upon a discussion with the priest, the lighting is on a timer and additional lights are turned on by security that is on duty in the evenings. Additional lighting is proposed as part of this CUP. 9. Recommendations Based upon the overparking of vehicles in Lot A, we offer the following two recommendations: 1. Vehicles that are parked along drive aisles may block emergency vehicle access, and if so, the drivers should be notified that they are in violation. The congregation should be educated periodically that all vehicles should be parked in marked stalls. 2. The church should take the appropriate measures to assist traffic, if necessary, so that there is an efficient flow of traffic out of the driveways at the termination of services, to prevent unnecessary delays. This will minimize the tendency for some to park .along drive aisles. 10. Findings Finding Number :0101 That the variance, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use. St. Anthony Claret Church will be able to provide adequate parking onsite for its uses. The three parking lots provide a buffer of 20% surplus parking spaces above the maximum observed parking demand. Finding Number .0102 That the variance, 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. Ra iq 8 Associates, nc. 3 St. Anthony Claret Church St. Anthony Claret Church will provide adequate parking onsite for its uses. Curbside parking will not be needed. Finding Number .0103. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private prope'r1y in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with subsection 18.42.050.030 (Non-Residential Uses- Exception). St. Anthony Claret Church will provide adequate parking onsite. Overflow parking will not occur upon adjacent private property. Finding Number .0104 That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use. St. Anthony Claret Church will provide sufficient parking onsite for its uses. The parking provided and the multiple access points are adequate to prevent congestion within the parking lots. Finding Number .0105 That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. St. Arithony Claret Church will provide sufficient parking onsite for its uses. Rafq 8 Associates, Inc. q SL Anthony Claret Church Appendix A Parking Counts St. Anthony Claret Church Parking Study Counts 1450 E. La Palma, Anaheim La Palma 15 16 18 16 17 20 18 14 Date.t2/3/2006 ~ < <- ~ : ' Sunday ' ' ~~ ,~~~ ~ TotaltS~ aces LotA .;128 '~LotB .193 '~LotC°~ "114. TOTALS f'.:. ~ `, 335. ~ e"7e0t~ ARA >? 84 52 11 147 <, 7:30; ~~ANI 99 78 12 189 8i0~ :iAflfl 143 112 14 269 #!;'3a aAM ~ 84 69 10 163 €'9:Otl^`A~II _'~ 42 6 6 54 s_,'9:3~:..AM 77 16 8 101 1Q:Ofk `AM 127 30 12 169 1tl;3tl, AM1A 81 21 11 113 *~11:~00 `~ ~ARH 77 11 9 97 ''`11;30'~'~AM 69 12 9 90 ~i2a0`i~"fdOON ' 57 13 10 80 .. .12;30.'rPRA _ 49 10 10 69 ~1tOtl1r" PM 38 9 8 55 no cou nts from 1:30 PM to 4:30 PM ~'.O:OQ' 'P,~1 151 55 12 218 x;30 ;~ Pnn 105 33 12 150 BEOU `-PM 79 12 10 101 .`6:3tl~-;P!M 99 15 10 124 4~=Z;00 ~`Pflfl 117 14 11 142 Note: 5:00 PM 23 vehicles parked in lot not within marked spaces Ra q AssoGates, nc. St. Mthony Claret Church Appendix i3 Siie Pho@®s eld Rafiq & Associates, nc. St. Anthony Claret Church RCL E66)E1 (1021 VM tl):f CtN41) M4NIEIM Wi ~., Ra H6ma1 p ~ Ptte4.BS1 z EP ezn 9 e2.a V N A~S6did1 RD.65fi)df Q)) M ] O R0.65d)d110]I 8 RCL 61-8511] 5 IXIP 41) VM 20 p~6T4 PQ SN-Id) CIIP]B6 VM S15 pup ]2 Alm )56 RPANpi WUNGATF/flAGAIMI vM 216) 9 PARK ING LOT CV 4 VM 20)45 P j2 plsxEruRe vaR26)4s :9 023 VM 9eH PARNWG pISNEVI/JUl RGL 66d)E11661 VpR 280] PARKNG CUP]06 ~ ? 6 P0.E • 1 (]11 LlIP 1004 VM II11fl INipSCAPED SP 92-1 : d LANOBCAPEp sP 92.1 OM 2210 EAHEMENt R0.fi6d)-fit p801 o EASEMENT RCL66UT-fit (f00) sO1RNERN pALFORNW EOB CO. EASEMENT r eevmmn uum0numlmxce. EA96P8m DISNEY WAY MEAA vA1S ^ KT]] Q' GISRExurve Q fig J ^ m 992.1 ' Q L 66fi)E1 1681 I m 0.8f~) B11 10fl s Q. pl NEruxe Q S VUE 9823 PQ 866)d1 I16) puP 1i9 vAR 2]m s vACwr 9 @3 R0. d~dl~ee~ LP21]II( 1 CIN]59 t1OFlN] NN Hp1EL EP 023 R0.868id11]) If!]14 VAR40I G51IE M! s amFs R0.8~86H1b1110B) vAR Hze VM 401 4ti1Nf SP 82-2 (Ipl Be6T-61165) VAR 22466 AOI G024 6UPER 0 MOTEL KATELLA AVENUE 1 9 ez-2 9 HZ3 ~'e1 ns1 VM 2125 R0.668)d11161 VM 1160 pups pR]1] VM ID& VA UBY6 AOIpRLLIXiE M ~ Ra~idlt (611 VM ]HOB - iRE~ePilOl rnB~s~nw P6SSi1.n P1mn,<, Ifml T~ m~olwimalw 6w2mfp~P Iltllll )V0. ..__ cu ""Bk ~ 61-1 R0.]1-)8L0 fl0.06dldt 111001 NPZZYI.... VPR ]Op9 VM 1]B 5\I.IIO.FWA SP 92-i ROL 66d)di (160J LUP 1000 9 823 RCLB6LId1 (701 GIP3081 u1P ru ANAHEIM REE 9823 641F111fE R0.66~61d1110B1 PL15881JJ1 R ~96j-]I N4 ~d~611 HIl8Lt1FE Specific Plan No. 2007-00047 s='' ~ Subject Property Date: March 19, 2007 Scale: 1" = 200' Requested By: ANAHEIM GW, LLC Q.S. No. 108 321 West Katella Avenue and 1717 South Clementine Street 10232 ALL PROPER Specific Plan No. 2007-00047 Requested By: ANAHEIM GW, LLC 321 West Katella Avenue and 1717 South Clementine Street DateofAerial Pholo: --.JuW 2005 Subject Property pate: March 19, 2007 Scale: 1" = 200' Q.S. No. 108 10232 Staff Report to the Planning Commission March 19, 2007 Item No. 5 5a.' CEQA SECOND'ADDENDUMTO THE POPNTE ANAHEIM INITIAL= STUDY AND MITIGATED NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) (Recommendation Motion) 5b. AMENDMENT N0. 7 TO THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1 (Recommendation Resolutidn) (TRACKING NO. SPN2007-00047) SITE LOCATION AND DESCRIPTION: (1) This property is identified as 321 West Katella Avenue, 1717 South Clementine Street, and 1700 South Harbor Boulevard -Anaheim GardenWalk.. REQUEST: (2) TheYequest is td modify zoning and developmeht standards pertaining to ' permitted architectural encroachments in required building setback areas and ezhibitspertaining to the maximum numberand Ideation of permitted wall signs within The Disneyland Resort Specific Piart, Anaheim GardenWalk Overlay Zone. BACKGROUND:: (3) The 29.1-acre Anaheim GardenWalk project site isJocated in The Anaheim ResortTr^-in The Disneyland Resort Specific Plan, Anaheim GardenWalk Overlay. The easterly 20.3-acre portion of thesite (identifiedas Area A on the attached Location Map), which is located on the west side: of Clementine Street between Disney Way and Katella Avenue (excluding Fire Station No: 3); isburrehtly under construction with tfie Anaheim GardenWalk specialty retail, dining and' entertainment center. The westerly 8.8-acre portion of the site, located at the southeast corner of Disney Way and Harbor Boulevard (identified as Area B), is `: developed with the Anaheim Plaza Hotel and Suites at 1700 South Harbor Boulevard. Theproperty and surrounding area are designated for Commercial Recreation land uses by the General Plan. (4) The Anaheim GardenWalk project was originallyapproved in 1999 as the Pointe Anaheim project and. has tieen modified three times. The most recent amendment (Amendment No 6), approved by City Council on April 11; 2006,. permits. up tp 569;750 square feet of specialty retail,. restaurants, and entertainment uses. (including movie theaters),,1,62t3 hotel rdomslsuites (including up to 500 vacation bwnershipLnits), 278,81Tsquare feet of hotel accessory uses, a,transportation center and, 4,800 parking spaces. The first phase of the project, currently under construction. in Area A, includes approximately 439,600 square feet of specialtyretail, restaurants., and entertainment uses and parking facilities with: 3,076 parking spaces, a transportation center and 15 bus parking spaces. (5) -William Stone, Anaheim GW, LLC, has submitted a letter dated January 29, 2007, on behalf of two restaurant tenants (Bubba Gump Shrimp Company and The Cheesecake Factory) requesting approval of modifications to zoning and developmenf standards pertaining to permitted architectural encroachments in required building etback areas and modifications to exhibits for the maximum number and location of permitted wall. signs. Bubba Gump and The Cheesecake Factory have also submitted letters of justification for these requests. Page b 9 Staff Report to the Planning Commission March 19, 2007. Item No. 5 (6) The requested actions .pertain only to the 20:3 acres of the project site that are' owned and controlled bygnaheim GW, LLC (Area A): The remaining 8.8 acres of the project site (Area l3) would not be affected by this request. . DISCUSSION: (7) The applidant requests modifications to previously-approved sign exhibits and permitted encroachments into setback areas as follows: ' a) Two wall: signs are proposed for The Cheesecake Factory restaurant at the ndrthwesE corner of Katella Avenue and Clementine Street. The current plan permits one wall sign at the corner and this request would. allow one wall sign per street frontage. This modification provides better. visibility of the restaurant signage from Katella Avenue and Clementine Street: Alsd prdposed is the,reldcation of one wall sign for the Bubba ' Gump. Shrimp Company restaurant :The sign would be relocated from the south building wall facing Katella Avenue to the west building elevation facing the driveway entrance to Anaheim GardenWalk. This enables visibility of the sign from the parking structure entrance and from eastbound Katella Avenue traffic Building' elevations showing the proposed signs for The Cheesecake Factdry and Butiba'Gump Shrimp Company have tieen provided to the Commission fdfreference and amended sign exhibits are provided in Attachment 1 to this report. b) The applicant also requests changes td the Specific Plan to allow parapet caps on The Cheesecake Factory building to encroach 6 feet, 6 inches into the setback areas'adjacent to Katella'Avenue and Clementine Stteet (the maximum encrdachmenf is ctJr~ently 3 feet). The amended Code wduld read as follows: ' "18.114.105.080 Balconies and Architectural Projections Permitted; 080f9 Balodnies and architectural :projections may encroach a maximum of three (3) feet into the'minimum required building setback adjacent to ahy'ultimate public'right of way. 0802. Architectural projections for the parapet cap on the roofline of the signature restauraht building afthe northwest cdmer of Katella Avenue`ahd Clementihe'Streetmay eocroach'amaximum of six (6) feet, six (6)'nches into the'minimum required building setback, adjacent to the public right-of--way to provide archRectural interesfand variety." The Cheesecake Factory building will tie cone-story structure with a height ranging from 35feet to 45 feet;' The prdposed amendment would allow parapet caps located above the main entrance and atthe roofline of two tower elements to endroach 6 feet, 6 inches into the 11-fddtwide Katella Avenue setback and the 20-foot wide Clementine Street setback. The applicant requests this'change to provide building features that are in scale with the height and`massing of the building; while providing. adequate landscape setbackareasas required by the Code. The building would meet all other develdpmentstandards: This encroachment would not limitthe ability td landscape the setback per the Page 2 1 Staff Report to the Planning Commission March 19, 2007 Item No. 5 Specific Plan requirements. The following building elevations identify the' proposed encroachment areas:. ® Areas of Encroachment M~ • Comer South Elevation (Facing Katella Avenue) (Clementine Street and KatetlaAvenue) --~ ®®® - ~~~ ~- East Elevation (Facing Clementine Street): (t3) Staff believes that the changes are consistent withthe goals and policies of The Disneyland Resort Specific Plan and will be compatible with the surrounding land' '' uses. The relocated signs would meefmaximum sign area end letter height '' requirements, The'additionafwall sign for The Cheeseceke Factory building would be consistent with signs. allowed on other properties in The Anaheim Resort, where buitdingslocated et the intersection of two streets are permitted one wall ign facing each street, The7equested additional encroachment for architectural features would be in keeping with the scale of the building and would not prohibit the ability to landscape the setback area in accordance with code requirements. ENVIRONMENTAL IMPACT ANALYSIS (g) `Staff has reviewed the proposed project and finds that the CEQA Second Addendum to the Pointe Anaheim Initial Study and Mitigated Negative Declaration, which was previously-approved by City Council for the Anaheim GardenWaik project, is adequate to serve as the required environmental documentation: Page 3 Staff Report to the Planning Commission March 19, 2007 Item No. 5 FINDINGS (10) Before the Commission grants any specific plan amendment, it must make a - finding of facf that the evidence presented shows that all of the following conditiohs exist: (a)„ That the property proposed for the specific plan has unique site characteristics such as topography, location or surroundings that are enhanced by special land Lse and development standards; (b) That the specific plan is consistent with the goals and policies of the General Plan and with the purposes, standards and land use guidelines therein; (c) That the: specific plan results in development of desirable character that will be compatible with existing and proposed development in the surrounding neighborhood; (d) That the specific plan respects environmental; aesthetic and historic resources consistent with economic realities. RECOMMENDATION: (11) Staff recommends that the Commission take the following actions as indicated in the attached resolutions'tncluding the findings'and conditions contained therein: (a) By motion, recommend that the City Council determine that the previously-approved Second Addendum to the Mitigated Negative. Declaration is adequate to serve as the required environmental documentation. (b) By resolution, recommend that the City Council approve Amendment No. 7 to The. Disneyland Resort Specific Plan No. 92-1 (SPN2007- 00047).- Page 4 [DRAFT] RESOLUTION NO. PC2007--'"" A RESOLUTION OF THE CITY OF ANAHEIM PLANNING COMMISSION RECOMMENDING ADOPTION OF AMENDMENT NO. 7 TO THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1 (INCLUDING AMENDMENTS TO EXHIBITS AND ZONING AND DEVELOPMENT STANDARDS) WHEREAS, on April 29, 1986, City Council of the City of Anaheim adopted Ordinance No. 4709 to establish uniform procedures for the adoption and implementation of Specific Plans for the coordination of future development within the City, and "Zoning and Development Standards" when the Specific Plan includes zoning regulations and development standards to be substituted for existing zoning under the Zoning Code, which "Zoning and Development Standards" shall be adopted by ordinance independent of the rest of the Specific Plan; and WHEREAS, pursuant to the procedures set forth in Chapter 18.93 of3he Anaheim Municipal Code, on June 29, 1993, the City Council of the City of Anaheim adopted Ordinance No. 5377 amending the zoning map to reclassify certain real property described therein into The Disneyland Resort Specific Plan No. 92-1 Zone subject to certain conditions as specified therein, and Ordinance No. 5378 relating to the establishment of Zoning and Development Standards far The Disneyland Resort Specific Plan No. 92-1 by the addition of Chapter 18.78 to said Code; and WHEREAS, on April 12, 1994, the City Council adopted Ordinance No. 5420 amending Ordinances Nos. 5377 and 5378 relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 1, which amendment established "District A," redesignated a portion (approximately 9 acres) of the East Parking Area to District A, and established "Zoning and Development Standards" for District A; and WHEREAS; on June 20, 1995, the City Council adopted Ordinance No. 5503 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 2, which amendment redesignated a portion (approximately 10 acres) of the East Parking Area to District A; and WHEREAS, on October 22, 1996, the City Council adopted Ordinance No. 5580 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 3, which amendment encompassed modifications to The Disneyland Resort Project including a Revised Phasing Plan and modifications to the Specific Plan Guidelines and Public Facilities Plan to implement the Revised Phasing Plan; and incorporation of text and graphic modifications to the document; and WHEREAS, on July 13, 1999, the Gity Council adopted Ordinance No. 5689 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 4, which amendment pertained to the Pointe Anaheim Lifestyle Retail and Entertainment Complex (the "Pointe Anaheim .Project") on approximately 29.1 acres; and which amendment established "Zoning and :Development Standards" for the Pointe Anaheim Overlay, modified the Land Use Plan, the Public Facilities Plan, the Design Plan and the Conditions of Approval, and incorporated text and graphic modifications to implement the Pointe Anaheim Project, and redesignated a portion of District A (18.9 acres) and Parking District (East Parking Area)/C-R Overlay (10.2 acres) to the Pointe Anaheim Overlay; and WHEREAS, on March 19, 2002, the City Council adopted Ordinance No. 5807 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 5, which amendment pertained to the Pointe Anaheim Lifestyle Retail and Entertainment Complex (the "Pointe Anaheim Project") on approximately 29.1 acres; and which amendment incorporated text and exhibit modifications throughout the Specific Plan document relating to the mix and allocation of land uses, zoning standards, phasing, project layout and minor modifications to project conditions of approval and mitigation measures to provide fpr the development of 569,750 square feet of specialty retail, restaurants, and entertainment, including a multiplex movie theater; 1,628 hotel CR\PC2007-0 -1- PC2007- - - - - - -®., o - - - rooms/suites (including up to 500 vacation ownership units) and 278,817 square feet of hotel accessory uses; a transportation center; and 4,800 parking spaces and 15 bus spaces; and WHEREAS, on April 11, 2006, the City Council adopted Ordinance No. 6022 amending Ordinance Nos. 5807, 5377 and 5378, as previously amended, relating to The Disneyland :Resort Specific Plan No. 92-1, Amendment No. 6, which amendment pertained to the Anaheim GardenWalk (formerly Pointe Anaheim) Lifestyle Retail and Entertainment Complex; and which amendment incorporated text and exhibit changes throughout the specific plan document, including amendments to the Executive Summary, Planning Context, Land Use Plan, Public Facilities Plan, Design Plan, General Ptan Consistency, Zoning and. Development Standards, Zoning Explanation, Conditions of Approval, and Modified Mitigation Monitoring Program to provide for the development of 569,750 square feet of specialty retail, restaurants, and entertainment, including a multiplex movie theater; 1,628 hotel roomslsuites (including up to 500 vacation ownership anits) and 278,817 square feet of hotel accessary uses; a transportation center; and 4;800 parking spaces and 15 bus spaces; and WHEREAS, pursuant to Chapters 18.68 and 18.72 of the Anaheim Municipal Code, William Stone, as authorized agent for Anaheim GW, LLC, submitted a letter of request for Amendment No. 7 to The Disneyland Resort Specific Plan (SPN2007-0007) to modify zoning and development standards pertaining to permitted architectural encroachments in required building setback areas and to modify exhibits pertaining to the maximum number and location of permitted wall signs within The Disneyland Resort Specific Plan No. 92-1, Anaheim GardenWalk Overlay Zone. "Proposed Project Action'); and WHEREAS, the Anaheim GardenWalk Project area consists of approximately 29.1 acres located in The Anaheim ResortT^^ between Harbor Boulevard and Clementine Street, and Disney Way and Katella Avenue; having approximate frontages of 1,500 feet on the south side of Disney Way between. Harbor Boulevard and Clementine Street, 1,185 feet on the west side of Clementine Street between Disney Way and Katella Avenue (excluding Fire Station No. 3 at 1713-1717 South Clementine Street)., 728 feet on the north side of Katella Avenue between Clementine Street and a point 771 feet west of the centerline of Clementine Street, and 585 feet on the east side of Harbor Boulevard between Disney Way and a point 615 feet south of the centerline of Disney Way; and WHEREAS, the Proposed Project Action would apply to the 20.3-acre portion of the project area known as Area A, and would have no impact on entitlements for Area B, both as legally described in Exhibit "A" attached :hereto and incorporated herein by this reference; and WHEREAS, proposed Amendment No. 7 to The Disneyland Resort Specific Plan No. 92- 1 includes amendments to Exhibit Nos. 5.8.3.F.6, 5.8.3.F.7, and 5.8.3. F.8 pertaining to.permitted Business Identification Signs, as identified in Exhibits B, C, and D to this Resolution and incorporated herein; WHEREAS, proposed Amendment No. 7 to The Disneyland Resort Specific Plan No. 92- 1 further includes changes to the zoning and development standards for Chapter 18.114.105.080 pertaining to permitted balconies and architectural projections as follows: "080 Balconies and Architectural Projections Permitted: 0801. Balconies and architectural projections may encroach a maximum of three (3) feet into the minimum required building setback adjacent to any ultimate public right of way. 0802. Architectural projections for the parapet caps on the roof line of a signature restaurant building at the northwest corner of Katella Avenue and Clementine Street may encroach a maximum of six (8j feet, six (6) inches into the minimum required building setback adjacent to the public right-of-way to provide architectural interest and variety." -2- PC2007- _ _ 0 ._®_ _ _ _ _ _ WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chambers, 200 South Anaheim Boulevard, in the City of Anaheim on March 19, 2007, 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, Chapters 18.60 (Procedures) to hear and consider evidence for and against the Proposed Project Actions and to investigate and make findings and recommendations in connection therewith; and WHEREAS, after due consideration, inspection, investigation and study made by itself and in its behalf, and after due consideration of the information provided in the Specific Plan document and other information and evidence received during the public hearing process, the Planning Commission DOES HEREBY FIND: L That the Anaheim GardenWalk Overlay, which is the subject of Amendment No. 7 to The Disneyland Resort Specific Plan No. 92-1, is sited in The Anaheim Resort, adjacent to Katella Avenue (a Resort Smart-Street), and which unique visitor-serving location warrants the special site development standards of the Anaheim GardenWalk Overlay, as proposed to be amended. 2. That Amendment No. 7 to The Disneyland Resort Specific Plan, as proposed, is consistent with the goals and policies of the General Plan, and with the purposes, standards and land use guidelines therein. 3. That Amendment No. 7 to The Disneyland Resort Specific Plan No. 92-1 results in development of desirable character inasmuch as the proposed sign amendments are consistent with sign criteria permitted for buildings situated on corner lots within other areas of The Disneyland Resort Specific Plan Zone and the adjacent Anaheim Resort Specific Plan Zone, and that the proposed encroachment into a setback area for architectural projections will facilitate the development of a signature restaurant building at a prominent intersection that will be compatible with existing, approved and permitted development in the surrounding Anaheim Resort. 4. That Amendment No. 7 to The Disneyland Resort Specific Plan Na 92-1 respects the environmental and aesthetic resources consistent with economic realities by providing for visual enhancement of the Anaheim GardenWalk Overlay and The Anaheim Resort with the implementation of the Anaheim GardenWalk project and by fulfilling the goals and objectives of The Disneyland Resort Specific Plan. The previously-approved Second Addendum to the Pointe Anaheim lnitial Study and Mitigated Negative Declaration and Modified'Mitigation Monitoring Plan No. 004a also address project- related environmental impacts and provide for the feasible mitigation of said impacts. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed Amendment No. 7 to The Disneyland Resort Specific Plan No. 92-1, and does recommend that the City Council find and determine that, pursuant to the provisions of the California Environmental Quality Act ("CEQA"), based upon its independent review and consideration of the previously-approved Second Addendum to the Pointe Anaheim,lnitial Study and Mitigated Negative Declaration and :Mitigation Monitoring Program No. 004a pursuant to the requirements of CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, and the evidence received at the public hearing, that the previously-approved Second Addendum to the Pointe Anaheim Initial Study and Mitigated Negative Declaration together with Mitigation Monitoring Program No. 004a, are adequate to serve as the required environmental documentation for this Amendment to The Disneyland Resort Specific Plan and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Amendment to The Disneyland Resort Specific Plan. NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, the Anaheim City Planning Commission does hereby recommend that the City Council, by ordinance, adopt Amendment No. 7 to The Disneyland Resort Specific Plan No. 92-1 (including amendments to the Specific Plan exhibits and zoning and development standards); and that the proposed amendments to the Specific Plan are identified in Exhibits B, C and D to this Resolution and incorporated herein; and -3- PC2007- - - - - - -®e - - - BE IT FURTHER RESOLVED that the applicant is responsible far 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 March 19, 2007. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. ATTEST: CHAIRMAN, ANAHEIM PLANNING COMMISSION J CIVIVR JCV RCIHRT, HIYHRCIIVI YLHIV IV IIVU VVIVIIVIIJJI MY STATE OF CALIFORNIA COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on March 19, 2007, 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 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- - - '®_ _ - PC2007- Attachment -Item •No. 5 Exhibit A 1:,egH11)esc~eptions AREA A: ' rs~oa'~oa p®rcel~. THE WEST ZO ACRES OF THE NORTHERLY 645.00 FEET OF THE SOUTHERLY 1320.00 FSST OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGB ]0 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHI3A~1, COUNTY OF ORANGE, STATE OF CALBtORNiA, AS PER MAP RECORDED IN B~K 51, .PAGE 10 OF MISCELLANEOUS MAPS, 1PI THE OFFICB OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THB WEST 720.00 FEET. ALSO EXCEPT THE NORTH 60.00 FEET. ~: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, RV THE RANCHO SAN JUAN CAJON DE SANTA ANA, IAT THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALD~ORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE IO OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY REORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THB SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 675.00 FEET ALONG THE WEST LINE Oi+ SAID. SOUTHEAST QUARTER; THBNCE EAST 833.51 FEET PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER TO THE TRUE POIATT OF BEGINNING; THENCE SOUTH 0° l6' 30" EAST 675.11 FEET TO A POWT, SAID FO1NT BBDVG ALSO THIi SOUIIB3AS1'IItLY CORNER OF THE LAND DESCRIBED IAI DEED TO ALWYN S. JSWELL AND LUCII.LE G. JBWEI.L, RECORDBD OCTOBER 5, 1979 IN BOOK 4912,. PAGE 102, OFFICIAL RBCORDS; THENCE EAST ..486.49 FEET ALONG THE SOUTH LIIdS OF SAID :SOUTHEAST QUARTER TO THE SOUTHEAST CORNBR OF LAND C.ONVEYBD TO DONALD F. REA BY DEED RECORDED DECEMBER 1, 1958 IN BOOK 4521, PAGE 453, OF OFFICIAL RECORDS; THENCE NORTH 675.00 PEET ALOPiG THE BAST LIIdE OF SAID LAND CONVEYED TO RBA, TO THB NORTHBAST CORNER THBRHOF; THEP1Cfi WEST ALONG THfi NORTH LINE OF SAID LAND OF REA TO THE TRUE PODVT OF HEGI1VIdING. EXCEPT THE WEST 292.00 FEET THERHOF. -45- _ _ _ _ _®® .® a.a ALSO EXCEPT THE SOUTH 360.00 FEET THBREOF. Hie®y®ger Pmrcel: LOT 3 OF TRACT NO, 3330, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALII70RNIA, AS SHOWN ON A MAP RECORDED IN BOOK 113, PAGES 21 AND 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIIrORNIA. Zoby'®Pmr+eel: LOTS 1 AND 2 OF TRACT 3330, IN THE CITY OF ANAHEIlI9, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 113, PAGES 21 AND 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RBCORDER OF 3AID COUNTY.. EXCBPT THEREFROM THAT PORTION CONVEYED TO THE CITY OF ANAHBIM BY DEED RECORDED JULY 30, 1997 A5 INSTRUMENT N0.97-0359942, OFFICIAL RECORDS. Bnger P®rcei: LOTS 4 AND 5 OF TRACT N0.3330, IId THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RBCORDSD IN BOOK 113, PAGES 21 AND 22 OF MISCELLANEOUS MAPS, IN THB OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Riot P®rcal: RP,~ CEL 1: THE WEST 292 FBET OF THAT PORTION OF THE SOUTHEAST QUARTER OP SECTION 22, IIV TOWNSHH' 4 SOUTH, RANGE 10 WEST, IAl THB RANCHO SAN JUAN CAJON DB SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, A3 SHOWN ON A MAP THEREOF RBCORDED 1N BOOK 51, PAGE ]0, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCR®ED AS FOLLOWS: COMMENCING AT THB SOUTHWAST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 675.OD FEET ALONG THS WEST LAZE OF SAID SOUTHBAST QUARTBR; THENCE EAST 833.51 FEET PARALLBL WITH THE SOUTH LHdE OF SAID SOUTHEAST QUARTER TO THE TRUE POINT OF BEGINNING; THffiVCE SOUTH 0° ]6' 30" EAST 675.11 FEET TO A POOVT, SAID PORdT BEING ALSO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED RV DEED TO ALWYN S. ]EWEI. AND LUCiLLE G. JBWBLL, RECORDED OCTOBER 5, 1959 IN BOOK 4912, PAQB 102, OFFICIAL RHCORDS; THENCB BAST ALONG THS SOUTH LINE OF SAID SOUTHEAST QUARTER, 486.49 FBET TO THE SOUTHEAST CORNBR OF LAND CONVEYED TO DONALD F. REA BY DEED RECORDED DHCEMBER 1, 1958 IId BOOK 4521, PAGE .543, OFFICAAI. RECORDS; THENCE NORTH ALONG THE EAST LINE OP SAID LAND CONVEYED TO REA, 675.E FEET TO THE NORTHEAST CORNER THBRBOF; THENCE WEST ALONG THE NORTH LINE OF SAID LAND OF REA TO THE TRUE PODVT OF BEGIlVAIING; -46- ®. m ®®_ _ _ _ _ _ EXCBFT THEREFROM THE WEST 150 FBET OF THE SOUTH 360 FEET; ALSO EXCEPT THEREFROM THE SOUTH 60 FEET INCLUDED WITHIN KATELLA AVENUE, 120 FEET WIDH. PARCEL 2: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 50UTH, RANGE 10 WEST, Rd THE RANCHO SAN NAN CAION DE SANTA ANA, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP THBREOF RECORDED IN HOOK ii, PAOE 10 MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF 5AID SOUTHEAST QUARTER; THffidCB NORTH 675.00 FBET ALONG THB WEST LIMB OF SAID 90UTHEAST QUARTER; THHNCE EAST 833.51 FEET PARALLEL WITH THE SOUTH LW8 OP SAID SOUTHEAST QUARTER TO THE TRUB POINT OF BEGIIVNIIdG; THENCE SOUTH 0° 16' 30"BAST 675.11 FEET TO A POINT, SAID POINT BEIPIG ALSO THB SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALWYN S. JBWBLL AND LUCII.LB G. JBWELL, RBCORDBD OCTOBER S, 1959 IN BOOK 4912, PAGE 102, OFFICIAL RHCORDS; THENCE EAST ALONG THB SOUTH LIIdE OF SAID SOUTHEAST QUARTER, 486.49 FBET TO THE 90UTHBAST CORNER OF LAND CONVEYED TO DONALD F. RBA, BY DEBD RECORDBD DECEMBER 1, 19581N BOOK 4521, PAGB 543, OFFICIAL RECORDS; TRENCH NORTH ALONG THE EAST LQdE OF 3AID LAND CONVEYED TO RSA, 675.00 FEET TO THS NORTHEAST CORNER THEREOF; TRENCH WEST ALONG THE NORTH LiPIE OF SAID LAND OF RSA TO THE TRUE POIIV7' OF HBCIIId1dING. EXCEPT THEREFROM THE SOUTH 60.00 FBET IIdCLUDED WITHIN KATELLA AVENUE, 120.00 FEET WIDE. ALSO EXCEPT THEREFROM TH6 NORTH 315 FEET. ALSO EXCSP'f THEREFROM THE WEST 292 FEET. Uedai P®rc®1: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THB CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IId BOOK 51, PAGB 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CAL~ORNIA, DESCRIBED AS FOLLOWS: COMMENCIIdO AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 675.00 FBBT ALONG THE WEST LDdS OF SAID SOUTHEAST QUARTER; THENCE EAST 833.51 FEET PARALLEL WfTH THE 30UTH LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 0° 16' 30", BAST 675.11 PEST TO THE TRUE POIIdT OF BBGlldNING, SAID POIldT ALSO BEIIdO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED lid DEED TO ALWYN S. ]SWBLL AND LUCrt.r.F G. ]SWELL, RECORDED OCTOBER S, 1959 IN BOOK 4912, PACiS 102 OF OFFlCIAI. RECORDS; THENCE NORTH 0° 16' 30" WEST, 360.00 FEET ALONG THE EASTERLY LIIdE OF SAID LAND; THENCE BAST 150,00 FEET PARALLEL W[TH THE SOUTHERLY LINE OP SAID SOUTHEAST QUARTER; THENCE SOUTH 0° 16' 30" EAST, 360.00 FEET PA1tai.l.Rt. -47- _~_~~ ®m® WITH SAID EASTERLY LRdE OF THB LAND CONVEYED TO JE9VEI,L TO THE SOUTHERLY LINE OF SAID SECTION; THENCE WEST ALONG THE SOUTHBRLY LINE OF SAID SECTION 150.00 FEET TO THE TRUE POINT OF SEGIIdNIIdG. EXCEPTING THEREFROM, THAT PORTION OF SAID PROPERTY LYIIdG SOUTHERLY OF THE NORTHERLY LINE OF THAT CERTAIN FIAIAL ORDER OF CONDEMNATION DATED JANUARY 30, 1998, CASE N0.782833 OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, A CERTIFIED COPY OF WHICH WA3 RECORDED FEBRUARY 9,1998 AS INSTRUMENT N0.19980071981 OF OFFICIAI. RBCORDS. Clly P®rcel: THE NORTHERLY 260.35 FEET OF PARCEL 1, IN THE CITY OF ANAHEEvI, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 55, PAGE 46 OF PARCEL MAPS, IN THB OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.. B: Pyeov~t P®eceB: .PARCEL l: THB EAST 660.00 FEET OF THE WEST 720.00 FBET OF THE NORTH 585.00 FEET OF THE SOUTH 1260 FEET OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHO' 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATB OF CALII70RNIA, AS PER MAP RECORDED 1N BOOK 51, PAGB 10 OF MISCELLANEOUS MAPS, lAI THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM, THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT A POINT SOUTH 0° 13' 22"EAST 15.03 FEET FROM THB NORTHWEST CORNER OF THE ABOVE DESCRIBBD PROPERTY SAID POINT HE1NG ON THE EASTERLY LINE OF HARBOR BOULEVARD 120 FEET WIDE; THENCE SOUTH 0° 13' 22" EAST ALONG SAID EASTERLY LIIdE 100.08 FEET; THENCE NORTH 89° 54' 30" EAST PARALLEL TO THE NORTHERLY LINE OF ABOVE DESCRIBED PARCEL 111.34 FEET; THENCE NORTH 0° 13' 22" WEST, PARALLEL TO THE BASTBRLY LIIdE OF HARBOR BOULEVARD 30.75 FEET; THffidCE NORTH 89° 54' 38" EAST 38.66 FEET; THENCE NORTH 0° 13' 22" WEST 8436 FEET TO A POINT ON THE SOUTHERLY LINB OF FREEDMAN WAY, 60.E FEET WIDE; THENCE ALONG THB SOUTH LINE OF SAID FREEDMAN WAY, SOUTH 89° 54' 30" WEST 134.97 FBET TO THB BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 15.00 FEET; THENCE WESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 07' S2" A LENGTH OF 23.60 FEBT 1'O THE TRUE POINT OF BEGIIdNRdG OF THIS DESCRIPTION. -48- PARC L 2: HHGIIdNQdG AT A POINT SOUTH 0° l3' 22" EAST 15.03 FEET FROM TFID NORTHWEST CORNER OF THE ABOVE DESCRIBED PROPBRTY SAID POIIdT BEING ON THE EASTERLY LINE OF HARBOR BOULEVARD 120 FEET WIDB; THENCE SOUTH 0° 13' 22" EAST ALONG SAID EASTERLY LINE 100.08 FEET; THENCE NORTH 89° 54' 30" EAST PARALLEL TO THE NORTHERLY LINE OF ABOVE DESCRIEED PARCEL 11134 FEET; THENCE NORTH 0° 13' 22" WEST, PARALLEL TO THB EASTERLY LINE OF HARBOR BOULEVARD 30.75 FEET; THENCE NORTH 89° 54' 38" BAST 38.66 FEET; THENCB NORTH 0° 13' 22" WEST 8436 FEET TO A POIIdT ON THE SOUTHERLY LINE OF FREEDMAN WAY, 60.00 FEET WIDE; THENCE ALONG THB SOUTH LINE OF SAID FRBEDMAN WAY; SOUTH 89° 54' 30" WEST 134.97 FEET TO THB HBCIIIVNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 15.00 FEET; THENCE WESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 07' S2" A LENGTH OF 23.60 FEET TO THE TRUE POIIdT OF BEGINNING OF THIS DESCRIPTION. s19- _._ ~ _ _®~ e o ®® Business ID Sign Business ID Sign Business ID Sign Business ID Sign Business ID Sign Business ID Sign Business ID Sign Business ID Sign EXHIBIT 8 Sign Sign Sign Sign Sign Fr rua `~// i ~ i t ABEA _.. _../ .i . OF WGnn ,_'. A : AbAfl Ertl GW. 4~C BITE B: PYnGYEST 917E ~~o~ ~esae~a~o~ BUSINESS 1®EiVTIFICATION S/GiV SITE dCEYf'LA~1 EXHIBIT C PROJECT IDENTRY ICON STRUCTURE Na.1 - - - - - - _ _ a,,,,p INTERNAL LOCATION NEAR GALA GARDEN ~ - - - ~ - BUSINESS IDENTIFICATION GARDEN WALL SIGN - DIMENSIONAL LETTERS SEi IN PtANTER3 (COPY AREA LIMITED TO I1O SF) FIRST LETTER 36" MAX SECOND LETTER 24" MA% BUSINESS IDEN-FICATION WALL SIGN (MAX. AREA I ID SF) FIRST LETTERS 36" MA% COPY LETTERS 24" MA% MPJOR DUSINESS IDENTIFICATION WALL SIGN (ONE ONLY) (MAX. AREA 220 SF) FIRST LETTERS 40" MAX COPY LETTERS 36" MA% SYMBOL HT. 108" MAX SEASONAL GRAPHIC BANNERS ~_ 30"w x 14' 0"h PROJECT IDENTIFICATION WALL SIGN ATTACHED TO LIVING GREEN WALL 240 iF SIGN AREA T4O s( YPY BUSINESS IDENTIFICATION WALL SIGN (MAX. AREA 110 SF) FIRST LETTERS 36" MA% COPY LETTERS 24"MAX ..I1 ll I.LI BUSINESS IDEMIFICATION WALL SIGN (MAX. AREA 110 SF) FIRST LETTERS 36" MAX COPY LETTERS 24" MAX PARKING STRUCTURE PROJECT IDENTIFICATION WALL SIGN AND ~ HOTEL IDENTIFICATION WALL SIGN ~ y~ ~ IN FRONT OF iMNG GREEN WALL n ~ ~ 300 SF SIGN AREA - ~ T i~~ i - ~~ i T ~ xa'-o" / '~ > B uasl ~ ~ KLL14 nH[ Ti i ~ WE6iGAiE ~ AN4HEIl1 ~ 4iwst ~R 1!14110 ~ ~rt ~ui¢ uE SIGN AREA MAX. DISNEY WAY ELEVATION 6G+LE U 10 20 40 KEY PLAY ~--- ~--- J/~//~ r ~ I I 1 .._.._.._..~.1 r I 1 1 AHEA l OF WOHK - I I _ .. A :ANAHEIM 6W. LLC BItE B PYBOVEST 91TE EXail~I ® 5.{iea7sT.O EXHIBIT C _..-..._.._ _.. _.. _.. _, _.. _.. _. _.._ _.. _.. _.. _.. _. _. n~u euswcss wcx~manox M BUSINESS IDENTIFICATION (6) SEASONAL WALL SIGN (MAX. AREA 11U 6F) J FIRST LEfiERS 36" MAX COPY LETTERS 24" MAX DISNEY WAY~CLEMENTINE STREET ELEVATION EXHIBIT 5.8.3.f.~ EXHIDIT D N.WEPUn: 9GN sF ousx[ss o[NPRGnaI WNL SWN ,wAIOP SIGN 92 SF 110 SF WVI. iWST IRRiI ]p' LLUI LUP' lR1Ei 21' LLI% I I /PPN(GI IpfN11{IUIgN GflpEHXN1 SIGN pU$INEES IOENIIFIGpON WkL cloy LLNgfl 9GN 92 Y Ilp SI YAC. RAP IEiTEA ]G' IIIC COPY IEiTEfl ZI' YAY 16 min N~~ I S~UUE) I a IIll59 - wmlFSS IGExnrlunml NPYFAAR sK.x w.u>. sxN 10.ncp .wo cGPr) 1 y uo sE Imu iIPSI IfT@ J6' W11 COPY IFTFP ZI' WY BU4NE55 IpEN161GilON w.ui sw NEp9o .wo merl I10 Si ipik iY6i lIPFP 13' Il\If ~ ( I I COPY IENFA 31' YAM ~ ~ I I I I I i NAIaU SIIXVEFAONf T' IUIEt1A SIpISFPONi T K11EllA ~ LtEYFnIN[ SpPEfP NI 'G' [OPNEA) I.o. PAVm a .165.29' i.05. a t1q.19' KATELLA AVE ELEVATION ~~ G IG :o +o KEY PUV ~~.~ ~ I I _.._..(L/ ~_ I _ ~ ll AREA I Gi WORk -- i 1 .. .. .. A : ANAM EIY GW. LlC 91TE 9 PYRGVE9T BITE ~xwa~er 5.s.s.~ s EXHIBIT D i i i i i i e s covr~A4A wx. i i i i i w~wcss mcxnriuiwx WALL SIGN uwvvurt swx KATELLA AVENUE ELEVATION (Cont.) Exhibit 5.8,3, F.8 ..a~ _~ .®.>o Item No. 6 s£ 6 ~ ~o ~~ ya °p~ o RM~5'j9 ~P~ O Nt5 9852-53-9 R~~51~6 5 SUP MA N FE PURP t o+ f® f' ~', ma me ~w~° ~~ VP .2'2 1 ~ N1 24 X51-52' m a BROP/O ~ Miscellaneous Permit No. 2007-00184 Requested By: GLOBAL PREMIERE DEVELOPMENT, INC. 1245 East Broadway -Broadway Village 10236 2~9A0 0 pC4 52.SY 2 GUP 420 GUP 624 S L P~~502'p4 51 SUP 2po2-00009 R 7 271 JPR 02-00p09 P F~~51'-045 31 02 051 19,y p0R ~ ~ llGUP 6-0x0051 -0pp GUP 20 lPGN2 GPNt VP `PGµ 2002-005171 ~GUP~~P RE gT0 p,VEN~E `~ UNGO 3' P• ~6e 61 4 ~1 yr ~ 'm /~ ow sz //` ~'\V\ wt~-~ ';~,~~~~" Subject Property Date: March 19, 2007 Scale: 1" = 200' Q.S. No. 93 Miscellaneous Permit No. 2007-00184 Requested By: GLOBAL PREMIERE DEVELOPMENT, INC. 1245 East Broadway -Broadway Village Subject Properly Date: March 19, 2007 Scale: 1" = 200' Q.S. No. 93 10236 "~ _ _o. ® .. .. . l Staff Report to the Planning Commission March 19, 2007 Item No. 6 6a: PUBLIC RESOURCES CODE EXEMPTION SECTfON 21159.23. (Motion) 6b. DETERMINATION OF CONFORMANCE WITH STATE DENSITY BONUS LAW (Motion) (MISCELLANEOUS PERMIT NO2007-001841 SITE LOCATION ANDbESCRIPTION: (1) This property is identified as 1245 East Broadway -Broadway Village. REQUEST: (2) The applicant requests Planning Commission determination of conformance with State. density bonus law requirements to construct a 46-unit affordable apartment complex with incentives* pursuant to Code Sectiod No. 18.52:160:020 (Application Review) and State GovemmentCode Section 65915. *Advertised as "47-unit affordable apartment complex with a density. bonus and incentives' BACKGROUND: (3) The site was developed with atwenty-four (24) unit apartment complex that was recently demolished. If is in the Multiple-Family Residential (RM-4) Zone. 'Tfie General Plan designates the site and properties to the north and east for Medium Density Residential land uses. Properties to the south and west are designated for Low Density Residential land uses.' (4j Tfie City's code for Density Bonus and Affordability Rental. Housing: is consistent with State Government Code Section 65915 pertaining to Density. Bonuses: The code allows applicants a menu of "tiered" incentives thafoffer two level5of review based on'the level of incentives requested provided a certain level of affordability is included in ttie' project: Tier One incentives would involve ministerial, or staff level, review. Tier Two incentives would involve a noticed public hearing before the. Planning Commission. The incentives; density bonus; and reduced parking. requirements provided in the code are requirements of State Law.:: lesidential Orange County (adjusted for household size appropriate for the units) divided by twelve pursuant to California Redevelopment Law as defined in the Letter df Understanding dated February 16, 2007 (Attachment No: 3): These 9 units will be comprised of a'minimum of five (5) three-bedrdom units (Plan. 3) and four (4) four-bedroom units (Plan 4). it is anticipated that Community Development staff will enter into an Affordable Housing Agreement in which the applicant will be required to provide 1 t units (24°/a bf the units) td Idw-income households and 35 units (76% df the units) to very-low income housefiolds, including the manager's unit: The proposed project has the folldwing characteristics: Development Proposed Project RM-4 Zone Standards Standards Site Area 1.43 acres 62,291 s.f. n/a Number of 46 51 maximum per the General Plart Dwelling Units designation; 69 units if a density bonus was re nested. Land Area per Unit 1,354 s.f. 1,200 s.f. per d.u. minimum. 32 d.u./acre 36 d:u. I acre l Staff Report to the Planning Commission March 19, 2007 Item No. 6 Development Standards Proposed Project RM-4 Zone Standards LoE Coverage 45% buildings 55% maximum 63%'subterranean arkin ' ara e Recreational:: 785 s.f. per d.u. 200 s.f. per d.u: minimum Leisure Area:, Tier 1 Incentive (6) The project consists of five (5) buildings separated by common open space.: The applicant proposes the following setbacks (refer to site plan, Exhibit No. 1): Direction Zontng Proposed Structurat SetbacklLantlscape Setback Required Structural Setback/ Landscape Setback :'North RM-3 i 20 Feet / 2 Feet 20 Feet / 5 Feet East RM-4 ' 20 Feet / 4 Feet* 20 Feet / 5 Peet, West RS-2 20 Feet° / 4 Feet* 55 Feet 110 Feet South (adjacent to Broadwa '` N/A 20 Feefk20 Peet 20 Feet / 20 Feet. * The applicaht has requested'density bonus Tier 2 :Incentives (7) The floor plans for the apartment units indicate'a living room, dining :room, kitchen, entry porch; bedrooms, bathrooms, closets; and balconies (refer to Exhibit Nos: 2-7). The unit types are summarized as follows: Plan Number of Units Uvln Area s.f. Numbeeof"bedrooms Affordable` <3 23 1258" `3 5 4 23 1;305 4 4 Mihimum'affordabie'rental units (8) The recreation center floor plan (Exhibit No. 8) consists of a 1,340 square foot community area with offices; technology center;' laundry: facility, kitchen and an entry foyer:: (9) Vehicular access would be'provided by one (1) driveway on Broadway. The parking plan (Exhibit No. 9) indicates a fully subterranean parking garage with 96'parking spaces. Code requires a total of 148 parking spaces. Affordatiie rental developments are entitled to parking incentives when a minimum of twenty percent (20%) of the total units are affordable to Very Low Income households fora minimum bf fifty-five (55) years. This project meets these minimum requirements; therefore, it qualifies for the parking reduction permitted by code. A totatof 92 spaces' are required for this project as shown in the tables below. Code Re wired Parkin ` Number'of Bedrooms Number of Unlts `' Number of Spaces ` Re ulred Total Spaces 3 23 3.0 69:0 4 23 3.5 80.5 Total 150. Staff Report to the Planning Commission March 19, 2007.. Item No. 6 Affordable Rental fiousin Deveto went Parkin Number of Bedrooms Number of Units idumber of.Spaces ' Re uireil Yotal Spaces 3 23 2.0 46.0 4 23 `2.0 46.0 Total ! 92 '~ Staff Report to the Planning Commission March 19, 2007 Item No. 6 requested a Tier 1 Incentive to allow some smaller 15-gallon sized trees instead of the 24- inch box size required by code. ENVIRONMENTAL IMPACT ANALYSIS: (13) Pursuant to State Government Code SectionNa 21159.23, this project is exempt from CEQA: EVALUATION: (14) The General Plan designates the property for Medium Density Residential land uses which allows up td 36 dwelling unitsper acre. THe' applicantproposes to construcfa 46-unit affordable apartment complex with ncehtives aCa density bf 32 dwelling Lnits per acre. The e proposed apartment com plex wilt provide affordable housing in furtherance' bf the City's Housing Element and the Affordable Housing Strategic Plan. (15) The applicant has submitted the'attached density bonus applicatidn7equestirg Tier 1 and Tier 2 Incentives as permitted by Code, THe applicant proposes to construct ar'affdrdable rental housing developmenfwhich entitles'the project to all of the Tier 1 incentives as a matter of right. =The applicant has. requested`two Tier 1'incehtives from the City. Code allows a lot coverage of fifty-five percent (55%) ahd the applicaht isYequesting a lot coverage of sixty-three percent (63%). The Tier 1 incentiveallows up tohinety percent (90%) lot coverage for fully: subterranean parking garages. The applicant alsd requests a decreased tree size for fifty percent (50%) of the required trees from twenty-four (24) inch box to fifteen (15) gallon. (16) The applicant requests three (3) Tier 2 Incentives. Code7equires that the City approve :.incentives when an applicanGagrees to provide specified levels ofaffordable housing. The applicant is entitled to receive three (3) Tier2 Incentives forprojects that include at least twenty percent (20%) of the total units foFvery low income households. Since the applicant is proposing ro meet this minimum requirement; his project would tie entitled to 3 Tier 2' incentives The City must grant the incentives'requested unless itmakes the findings set forth in Code: Section 65915(1) of the Government Code defines ah incentive td mean any of the following in relevant part: "(1) A reduction in site development standards or a modification of zoning code Pequirements or architectural desigd requirements that exceed the minimum building standards. approved by the California Building Standards Commission as provided in Part 2.5 (commencing with. Section 18901). of Division 13 of the Health and Safety Code, including, bufnot limited to, a reduction in settiack and square fodtage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions." "(3) < Other regulatory incentives or concessions proposed by the developer or the city, county, or city and county thaf result in identifiable; financially sufficient; and actual cost reductions, This subdivision does not limit or require the provision of direct financial incentives for the housing develdpment including the provision of public owned land, by the city;: county, or city and. county, or the waiver of fees or dedication requirements." (17) The applicant requests an incentive for the setbacks between buildings. Cade requires a minimum distance of 40 feet between parallel building walls; and a separation of 16 to 28 feet is proposed. This is a Tier 2 incentive and should be granted.. l Staff Report to the Planning Commission March 19, 2007. Item No. 6 (18) The applicant also requests an incentive for the required landscape and structural setbacks_ along the west property line, which is within 150 feet of a single-familyresidedtial zone: Code requires a minimum landscape setback of 10 feet and structural setback of 55 feet; and plans indicate a landscape setbadkof 4 feet and tructural setback of 20 feet. Since the. project is adjacent to a 20-foot wide street, the structures would fie approximately 40 feet from the adjacenfsingle-family residedtial zone,i prdviding a sufficient buffet This is a' Tier 2 incentive and should be granted: (19) .The third requested incentive pertains to the required landscape setbacks along the Borth and east interior property lines. Code requires a minimum landscape setback of 5 feet, and plans indicate a minimum landscape. setback of 2 to 4 feet immediately adjacent to the; propertyJide: A 4-foot wide sidewalk is provided adjacent this setback and another 5 to 7 feet of landscaping is provided near the building. This is a Tier 2 incentive and should be :granted. (20) The proposed project would be compatible with surrounding ladd uses, provides recreationaP space that exceeds the minimum Code requirements; utilizes a variety of materials to add architectural interest; and would not adversetyaffecfthe adjoihingJand uses: The applicadt's prb-forma has demodstrated that the three incentives would tie necessary to make the housing units economically feasible. Therefore, staff recommendsaoprovaf ofthe. request. FINDINGS: (21) Pursuant to Chapter 18.52 of the Zoning Code Density Bonus, the:. City sfiall approve the request for an Affordable Housing Development pursuant to the following findings (a) That the Affordable Housing Development will be compatible withthe scale add ,' character of the existing neighborhood and nearby ladd'uses. (b) That the Affordable Housing Development wiU preserve the integrity and character of the zoning district and the General Plan. (c) That the Affordable Housing Development wili be consistent with design guidelines established for affordable housing and will comply with all affordability requirements. (22) The City shah approve the request for development incentives and in the number specified in Development Incentives; Sectioh 18'.52.090 (Developmedt Indentives)pursuant to the implementationbfabensity Bonus Housing'Agreementdefined' in Section 18.52.230. (Density Bonus Housing Agreement) unless ifmakes a written ridding, based upon. substantial evidence; oreither of the followidg: (a) That the incentive is not required to provide affordable housing costs draffordable rents; or (b) That the incentive would have a specific adverse impact upon public health and ' safety or on the physical environment, or omany real propertytfiat is listed in the California Register of Historical Resources; and for which there is no feasible method to satisfactorily'mitigate or avoid'the adverse'mpaot without rendering the development unaffordable tovery-low, lower; or moderate income households.. Staff Report to the Planning Commission March 19, 2007 Item No. 6 RECOMMENDATION: (23) Staff recommends that the Planning Commission take the following actions, including the findings and conditions contained therein:. (a) By motion, determine that the project is statutorily exempt from CEQA under Public Resources Code Section 21159.23. (b) By motion; determine that2he proposed 46-unit affordable apartment complex conforms to code for Density Bonus and Affordable Rental Housing. City of Anaheim ~L,I~IVIVIIlIG 1~EI'A~T1VdE[!IT Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of March 19, 2007 6a. 6b. Owner: Global Premiere Development Incorporated, 1012 Brioso Drive, Suite 202, Costa Mesa, CA 92627 Agent: Broadway Village Investors, 5 Park Plaza, Suite 980, Irvine, CA 92614 Location: 1245 East Broadwav Planning Commission determination of conformance with State density bonus requirements to construct a 46-unit affordable apartment complex with incentives'. `Advertised as "47-unit affordable apartment complex with a density bonus and incentives" ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission has reviewed the proposal to construct a 46- unit affordable apartment complex with incentives and does hereby determine that pursuant to State Government Code Section No. 21159.23, CEQA provisions do not apply. Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission does hereby determine the proposed 46-unit affordable apartment complex conforms with code and State Density Bonus Law pursuant to Section 65915 of the Government Code. MIS2007-00154_Excerpt 200 South Anaheim 6aulevard P.O. Box 3222 Anaheim. California 92803 wwwanaheim.nel TEL (714) 765-5139 Attachment -Item No. 6 CONSTRUCTION AND DESIGN DESCRIPTION Broadway Village, Anaheim Location The proposed .site for Broadway Village is located at 1245 East Broadway, Anaheim, California. Site acreage is approximately 1.43 acres, of which will be developed for the project. Housine Tvae The development will be a 46-unit, 100% affordable family apartment community. This site will have a density of 32.2 # of Bedrooms # of Units % of Medium Income 3BD 2 30% 3BD 2 40% 3BD. 13 50% 3BD 6 60% 4BD 3 30% 4BD 3 40% ' 4BD 11 50% 4BD 5 60% Architectural Goals The award-winning KTGY Group designed the project. Careful consideration was given to designing a project that meets the demands of affordability, yet has the. architectural amenities to present itself as'a quality market rate comparable apartment community.. The Project The project will consist of 4 three-story buildings. There will also be a 3 story recreation building containing the office, recreation center, and a mahager's unit. Construction will be Type V, wood-frame construction, with composition roofs, stucco exterior, composite siding and wood trim and accents. The design will be a Craftsman style. The unit mix will be as follows: Number of Units Bedrooms Unit Size 1 2 750 s ft 23 3 1000 s ft 22 4 1200 s ft 1 (Mona er's Unit) 2 750 s ft Broadway Village, Anaheim Construction and Design Description Page 2 Parking will be consistent with State requirements, and will allow for 92 spaces. Handicapped and visitors parking will be placed throughout the parking areas. The Recreation Center will be the center of services for the residents of Broadway Village. The Recreation Center is designed to support families by offering educational programs as discussed in section 4C. Adjacent [o the lobby will be a recreation area and computer center. The recreation room will feature comfortable lounge seating, and will be equipped with a television and DVD player. In addition, the community center will include a small kitchen facility. Access to the outdoor picnic and barbeque area will be from the main recreation center area. The computer center will offer the residents full time computer use and Internet access, and will contain ample room to conduct computer- training classes. This facility will offer the opportunity to residents for resume-writing, homework completion and research projects. The manager's office will offer a place for consultation, counseling, and interviews. The community areas will be professionally planned and decorated. Outdoors, the recreational amenities will include a picnic and BBQ area, and various play areas with play equipment for the children. Landscaping will be lush and abundantly planned. The project will have on site professional management and child caze facilities will not be provided. Unit Amenities All units will feature: Extetior Entrances • Plush Carpeting in Living Areas • Vinyl Flooring in Kitchens and Baths • Mini Blinds Throughout • Individually Controlled Heating • Kitchen Appliances Included: Range, Refrigerator, Dishwasher and Disposal Cable Television Availability • Free High-Speed lntemet Service • Smoke Alarms Proiect Amenities All Common area shall be professionally planned and decorated. Amenities will include: • Entry Lobby with Designer Flooring, Seating and Decor Broadway Village, Anaheim Construction and Design Description Page 3 • Recreation Room Including TV and Lounge Area, Seating and Kitchen • Computer Center • Community Laundry Room Exterior Common Areas Shall Include: • Multi-Purpose Social Room • Manager's Office • Picnic and BBQ Area(s) Proximity to Services The site is situated within I mile of a public school, full-scale grocery store, medical clinic, library, park and pharmacy, as well as other numerous other amenities Development Plan and Neiehborhood Impacts The community will be developed in one phase. The anticipated construction period is approximately twelve months, followed by a lease-up period of six to eight months. The proposed project design compiles with all the General Plan guidelines and zoning requirements, and conforms to the adjacent land uses, thereby creating no negative impact on the surrounding neighborhood. Attachment -Item No. 6 . °~ March 8, 2007 City of Anaheim 201 S. Anaheim Blvd. Anaheim, CA 92805 RE: Broadway Village Anaheim, CA Request jor Incentives to the City ofAnaheinr To Whom It May Concern: The intent of this letter is to provide the City of Anaheim with financial proof to justify Global Premier Development, Inc.'s ("GPD") need for the below incentives as set forth in the City Codes, to build 46 units of affordable housing. In 2005, GPD was awazded $11,768,000.00 of tax credits to construct 46 units of affordable housing on a site that was purchased for over $4,000,000.00. Subsequently, once GPD accepted the award, GPD formed a partnership, entered into several agreements with a Syndicate; a non profit organization, an investor, a contractor and a financing institution The financial impact of not receiving the ordinance incentives so that GPD could build exactly 46 units would be devastation to GPD, the investors, employees, and ultimately the citizens of Anaheim. The major impact would be to give back the credits to the California Tax Credit Allocation Committee. This is the major source of funds that provides over 60% of the project financing. The initial investment in land costs, architectural design, preliminary market, environmental, relocation and appraisal studies was above $4.5 million would be a devastating financial blow. On the site before construction were 23 apartments that were physically obsolete in every conceivable manner. There was no doubt that by demolition and construction, affordable housing would provide citizens with new housing at affordable levels of 30%, 40%, 50% and 60% of the average medical income of Orange County MSA. The new housing would provide families with amenities such as a computer and learning center, energy efficient appliances, etc. Also the new building would enhance the neighborhood by creating jobs, a more desirable look and most importantly affordable housing. S ~Par(t,4'(asa, Suite 980 * Innnc * CnCcfornia * 91614 Offrse (949)112-9119 ~Fa ~ (949) 72:-9014 Due to the changes in design plans that were the result of City ordinances in was found we could only build 46 units. These 46 units would be developed under the Code ` guidelines of the Affordable Rental Housing Development. Since the proposal in an Affordable Rental Housing Development, a minimum of 20% of the total number of units (9) would be restricted to an affordable housing rent for Very Low Income households. In addition, the proposal would be for 100% affordable rental housing at different tiers, and therefore, the project is allowed up to at least three incentives (setbacks, open space etc.) for example, Under the Code, the applicant is entitled to the incentives they request and localities must waive or reduce standazds that make it impossible to build at the established density for the development site. The following are the Incentives we request for determination of compliance with the Density Bonus Ordinance: Tier 1 o Increased allowable site converse to a maximum of 90% for a fully subterranean Qarase and 65% for the lot surface .for all structures. Code permits maximum lot coverage 55% for all structures. Based upon staff review, the proposed subterranean garage would have an approximately lot coverage of 61%. o Decreased size for 50% of the re~c uired tress from 24-inch box to 15 gallon. Tier 2 e Landscape setbacks from interior property lines (north and ease property lines) - S feet required; 2-4 feet proposed. o Landscape and structural setbacks within 150 feet of single-family residential (west property line) - 10 feet landscape 55 feet structural required; 4 feet landscape 20 feet structural proposed. With the aforementioned incentives, GPD will be able to move forward making Broadway Village a financially feasible project, and thus providing the City of Anaheim with a 100% affordable housing units for its residents. Sincerel~y~ ~//// Charles Hutchison Project Manager S 4'urk~Pluca, Snite 980 ° In,inc ' Califarrrin ` 9261a Offre (9d9J 222-911 N ~EaC(9a9J 722-90i-1 LETTER OF UNDERSTANDING Attachment -Item No. 6 AFFORDABLE HOUSING DEVELOPMENT PROGRAM Date of this Agreement: February 16, 2007 Developer Name: Developer Address: Project Address: Name of Development: Total No. of Units: Type of Development: Affordable Program: Broadway Village Investors, a California LP 5 Park Place Plaza, Suite 980, Irvine, CA 92614. 1245 E. Broadway, Anaheim, CA 92805 Broadway Village 46 Rentaf XX For Sale Density Bonus XX Sr. Ordinance Tax-Exempt Affordable Rental Option XX The City of Anaheim may grant a Density Bonus and other incentives pursuant to Chapter 4, Section 65915 of .the California Government Code and Title 18, Chapter 18.52 of the Anaheim Municipal Code. In conjunction with the granting of a density bonus, the City of Anaheim may also enter into an agreement with the Developer for an Affordable Rental Project pursuant to the requirements listed in Title 18, Chapter 18.52 of the Anaheim Municfpal Code. This Letter of Understanding, executed by the Developer and the Community Development Department. as submitted to the Planning Department will serve as a memorandum of affordable conditions. Prior to the issuance of a Building Permit under the Affordable Housing Development Program, a Developer is required to execute and record against the development site a Density Bonus Housing Agreement ("Agreement') that sets forth the terms and conditions of approval of said Density Bonus utilizing the Affordable Rental Option. Developer acknowledges that the Agreement will include, but not be limited to, the following terms and conditions: 1. That at least twenty percent (20°~) of the total number of units (20% of 46) will be restricted to an Affordable Housing Rent for Very-Low Income households (the product of 30°~ times 50°~ of the area median income for Orange County adjusted for family size appropriate for the unit). 2006 Affordable Units Schedule' Number Curreni of Units Affordable Rent Rents* 3 bedroom 5 30°~ x 50%AMI, adjusted for appropriate $1 018 famil size (4.5), divided b 12 4 bedroom 4 30°~ x 50%AMI, adjusted for appropriate 81 135 famil size (6), divided b 12 , Total Units 9 * Utility allowance not deducted. Assumotion: Household size appropriate to the unit is derived from the standards of the Federal Low-Income Housing Tax Credit program. If no Federal Low-Income Letter of Understandin, Broadway Village Investors Page 2 Housing Tax Credits are obtained, household size appropriate to the unit should be 4 for the 3 bedroom units (and remain 6 for the 4 bedroom units). 2. The City's density bonus provisions, when enacted in conjunction with the provisions of the Affordable Rental Option, allow the project to utilize all of the Tier :one incentives identified under Title 18, Chapter 18.52 of the Anaheim Municipal Code. Any incentives requested for the project in addition to the Tier one incentives are considered Tier two incentives. Tier two incentives require a Planning Commission Pubfic Hearing. 3. The term of affordability shall be for a minimum period of fifty-five (55) years. 4. The Occupancy of each unit in the Affordable Rental Housing Development shall not exceed two (2) persons per bedroom plus one (1 ). 5. Prior to occupancy of any rental unit, the owner of the Affordable Rental Housing Development shall provide for Professional On-Site Management. 6. The Anaheim Housing Authority shall be afforded a first right of refusal in referring eligible tenants to affordable units: a) Low-Income Households or Very-Low Income Households, as applicable, who have been displaced from their residences due to programs or projects implemented. by the City Community Development Department; b) Low-Income Households or Very-Low Income Households, as applicable, who have. applied for and have received rental vouchers from the Anaheim Housing Authority;. c) Low-Income Households or Very-Low Income Households, as applicable, who are listed on the Authority's waiting list for affordable housing and who live and/or workin Anaheim; and d) Low-Income Households or Very-Low Incctme Households, as applicable who live and/or work in Anaheim. 7. The Developer agrees to comply with all reporting requirements under the Affordable Housing Development Program. By signing and returning this Letter of Understanding, as the Developer, f concur and agree to all of the terms and conditions set forth above and agree to execute a Density Bonus Housing Agreement. 2 /G o Developer Date Date ~~ G9ASM]IOSC GV LEITER GF UNDERSfANGING.000 '1 Item No. 7 ,DU EA fi ALMOND DR n ~ tar "' f ~µes Conditional Use Permit No. 2007-05185 Requested By: ALBERT DE MASCIO TR G N ER STRE'~ 125 North State College Boulevard - La Isla Restaurant CAR WASH GG VAR 0150 _ U LL ("LL VO ~_ BANGOR WA I RS-2 I 1 DU fACH- BLANCHARD AV ~'i 2 QU j o I CUP 2]93 W ~ QU y LL Q CI W C~ J O o m CG W RCL 61-92J0 (~ UP 2ae6-05efi W RCL 80.61Afi J TACO BELL J CUP 1031 p W PG $ ~ RGL afire-eo cuP 266w4e6T C ~fi 51 ~ REST F U 1 DU fJl 1 DU EA C RS-2 i~2 3 1 D EA 6 _BGX CL 1502 CL 635412 a 6 CUP 2863 R$-2 vAR 100 W 1 D EA 1-12 U N C.G RCCY39-U RCL 65~fi6-88 oof n /~ VAR 1948-6 ~ CL) //~/ \\V\ ADJ 0187 "+e1, WALGREENS ~ ~ PHARMACY oT ~~~ p Subject Property Date: March 19, 2007 Scale: 1" = 200' Q.S. No. 102 70231 LINCpLN gVENUE N Date oFAerial Photo: :July 2005 Conditional Use Permit No. 2007-05185 Requested By: ALBERT DE MASCIO TR 125 North State College Boulevard - La dsla Restaurant Subject Property Date: March 19, 2007 Scale: 1" = 200' Q.S. No. 102 10231 a Staff Report to the Planning Commission March 19, 2007. Item No. 7 PREVIOUS ZONING ACTIONS: (4) The following zoning actions pertain to this property: (a) Cohditional Use Permit No. 1862;'a request to permits public'dance facility, was approved by the Planning Commission on July 17; 1978. (b) Conditional Use Permit No. 773, aYequest to permit on-sale liquor in an established restaurant, ih addition to previously authorized on-sale beer, was approved by the Planning Commissionnn October 25;.1965. (c) Conditional Use Permit No. 628, a request to establish a specialty type restaurant with on-sale beer, was approved by the Planning Commission on October 19; 1964: DEVELOPMENT PROPOSAL:: (5) The applicant proposes to add awalk-up window to art existing restaurant and public dance facility. The existing building is4,899 square feet and is located'along the west property line with an outdoor patio area visible from State College Boulevard'(refer to site plan, Exhibit No. 1). Vehicular access to the site is provided via two (2) driveways from State College Boulevard. The plan indicates 44cparking spaces in the front and rear of the`building. Since there is no change in the business size, additional parking is not required for this request. (6j The enlarged floor plan (Exhibit No. 1) proposes a 120 quare foot take-ouEarea adjacent to the existing estaurantentrance. (There is an existing'service window at the frohf of the restaurant, The take-out facilities'would include an external menu board, servingcounter, and outdoor seating area for patrons. Codei allows up o ten outdoor seats without the requirement for additional parking:: The current plan exceeds the ten permitted seats and the number of seats would have to be reduced to comply with code. (7) The letter of operation indicates that the business currently offers dining, alcohol consumption; dancing, and live entertainment. The restaurant has 12 employees on staff with three (3) shifts. The business is open daily with luhch served from 11'a:m: to 4 p.m., dinner 5 p.ml to midnight, and entertainment from 10 p:m. until 1`.30 a.m. The peakhours for the business occur on Monday; and Thursday through Sunday when live music and entertainment are provided in the evenings. The applicant requests the walk-up service window to add an additional amenity for customers and increase visibility. bf the lunch operation because business is slow in the daytime. Alcohol sales would belimited to ihdpor consumption; no sales would occur through the take-out window.` ENVIRONMENTALIMPACT ANALYSIS:+ (8) Staff has determined that the proposed project is categorically exempt fromthe requirement to ptepare further environmental documehtation. Page 2 Staff Report to the Planning Commission March 19, 2007 Item No. 7 facility in the evening, and therefore; recommends denial of this request or that tt!e.use of the take-out window be limited to daytime hours only_ (12) Staff believes there are other methods to gain visibility and attract customers during lunch hours without compromising the aesthetics df the building:,?he business has an existing legal non-conforming changeable message sign which al ows for the advertisement of Yestaurant specials and hours of operation. Further; the code permits thepromotion of businesses through the issuance of a Special Event Permit which permits. the temporary use of banners and balloons. Therefore, staff recommends denial of the subject request to add a walk-up service for customers atthe existing restaurant and bar. FINDINGS: • (13) 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: (ap That the use is; properly one for which a conditional use permit is authorized by the Zoning Code; or is an unlisted useas defined' in Subsection .030; (Unlisted Uses Permitted). of Section 18.66.040 (Approval Authority); (b)' Thaf the use will not adversely affect the adjoining land uses or the growth and developmentof the area in which if is proposed to be located; (c) That he 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) ThaEthe 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 tie detrimental to the health and safety of the citizens of the City of Anaheim. RECOMMENDATION: (14) Staff recommends thatthe Planning Commission take the following action5as indicated in the attached ~esolutibns including the findings and conditions'contained herein:' (a) By motion, aop~ove a CEQA Categorical Exemption -Class 1 (Existing Facilities): (b) By resolution; deny Conditional Use Permit No. 2007-05185. THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS AND ARE RECOMMENDED FOR ADOPTION BY THE PLANNING COMMISSION 1N THE EVENT THIS PERMIT IS APPROVED. Page 4 Staff Report to the Planning Commission March 19, 2007. Item No. 7 Prior to issuance of a buildfng permtf or withida period of one (11 year from the date of this resolution, whichever occurs first, the fo(lowing conditions shall be complied with: t That onlyone (1) walk up window shall be permitted and thalno accessory equipment for oooking or food service or displays shall be permitted in conjunction with this approval:. 2. ,That the landscape planter adjacent to State College Boulevard shall be planted with minimum three (3) foot high shrubs. 3. That the outdoor seating shall be limited to ten (10) seats unless a parking waiver is granted to permit the additional seats: 4. That the plans submitted for building permits shall include the re-paving and re-striping of the parking area. The plan shall be submitted to the Planning Services Division for review and approval.: Prior to final building and zoning inspections the following conditions shalt be complied with: 5. 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 oh file with the Planning Department marked Exhibit No. 4 and as conditioned herein. General Conditions: 6. That the use of the walk-up window shall only be permitted during lunch hours and ho later than 4 p.m. daily. 7. That alcoholic beverages shall not be sold through the walk-up window and the operator shall 'ensure that customers are not consuming alcohofwithin the outdoor seating area without approval from the City through the amendment of this permiC 8. That the owner of subject property shall be responsible for the removal of any on-site graffiti within twenty-four (24) hours of discovery; 9. That there shall be no public telephones on the premises located outside the building. 10. That no outdoor vehding machines that are visible to the public right-of-way shall be permitted on the property. 11. That trash bins or barrels shall be stored outside of public view and all trash generated from the facility shall be properly contained in trash bins contained within approved trash enclosures: 12. That signage for subject faclityshall be limited to that shown on the exhibits submitted by the applicant. Any additional signage shall be subject to approval by the Planning Department:.. 13. Thal all debris in the parking areas and around the building shall be removed immediately and the property shall be maintained free of litter at all times. Page 5 1 Staff Report to the Planning Commission March 19, 2007 Item No. 7 14. That approval of this application constitutes approval of the proposed Yequestbnly to the extent that it complies with the Anaheim Municipal Zoning Code and any bthe~ 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 ar requirement. 15. That timing for compliance with conditions of approval may be amended by the Planning Direction upon a showing of good cause provided (i) equivalent timing is established that satisfie5the original intent and purpose of the conditions(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 Page 6 [DRAFT] RESOLUTION NO. PC2007--"' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05185 BE DENIED (125 NORTH 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: THAT PORTION OF LOT 7.01 "ANAHEIM EXTENSION" IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP OF SURVEY BY WILLIAM HAMEL, ACKNOWLEDGED BY ALFRED ROBINSON, TRUSTEE, RECORDED IN LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO FRED O. THOMPSON AND ETHEL THOMPSON, BY DEED RECORDED DECEMBER 2, 1944, IN BOOK 1286, PAGE 419; OFFICIAL RECORDS SAID POINT BEING LOCATED ON THE CENTER LINE OF PLACENTIA AVENUE, AT A POINT 213.00 FEET NORTH 00 07' 30" EAST FROM THE INTERSECTION OF SAID CENTER LINE WITH THE CENTER LINE OF EAST CENTER STREET, RUNNING THENCE NORTH 0° 07' 30" EAST 86.03 FEET ALONG SAID CENTER LINE TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 81° 19' 30" WEST 357.13 FEET TO A POINT IN THE WEST LINE OF. SAID PARCEL, SAID POINT BEING ALSO NORTH 12° 08' WEST 85 FEET FROM THE SOUTHWEST CORNER OF SAID PARCEL; THENCE NORTH 12° OS' WEST 81.63 FEET ALONG SAID WEST LINE TO A POINT THENCE NORTH 770 52' 20" EAST 377, 80 FEET TO A POINT IN THE EASTERLY LINE OF SAID PARCEL ALSO THE CENTER LINE OF PLACENTIA AVENUE; THENCE SOUTH 0 07' 30" WEST 105.23 FEET ALONG THE EASTERLY LINE OF SAID PARCEL TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE PORTION INCLUDED IN PUBLIC HIGHWAY ALONG THE EAST SIDE. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 19, 2007, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed request to construct awalk-up window to an existing restaurant and public dance facility with on-premises sales and consumption of alcoholic beverages is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.040.0402 (Restaurants -Walk-up) 2. That the applicant proposes to construct awalk-up window to an existing restaurant and public dance facility is hereby denied because the proposed addition would adversely affect the adjoining land uses by creating a negative visual impact on adjoining land uses. That the proposed addition would C R\PC2007-0 -1- PC2007- propose outdoor functions that are typically accommodated within a building in a manner that would increase visual clutter and contribute to trash and debris outdoors. 3. That the proposed use could be incorporated within the building in a manner that is compatible with surrounding land uses and would not cause a negative visual impact on the surrounding community. 4. That there are other methods of providing visibility and identification of the availability of lunch at the premises that would not negatively affect surrounding properties. 5. 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 staff has determined that the proposed project fails within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEQAGuidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby deny subject Petition for Conditional Use Permit, on the basis of the aforementioned findings. 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 19, 2007. 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 March 19, 2007, 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 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -2- PC2007- l4 PN p,1E1M C\<i ,off :o~. _~i `~_ Nt " Anaheim Police Dept. 425 S. Harbor Blvd. Anaheim, CA 92805 TEL: 714.765.1401 FAX: 714.765.1665 City of Anaheim ~®~.~~~ ~~+ ~A~$~~~~~ Special Operations Division To: Kim Wong Planning Department From: Sergeant Mike Lozeau Vice Detail Date: March 9, 2007 RE: CUP2007-05185 La Isla Restaurant 125 N. State College Anaheim, CA 92805 Attachment -Item No. 7 The Police Department has received an I.D.C. Route Sheet for CUP 2007-05185. The applicant is requesting to add a take out window for an existing restaurant with on-premises sales and consumption of alcoholic beverages. The location is within Reporting District 1527, which has a Crime Rate of 74 percent above average. It is also within Census Tract Number 864.05 which has a population of 6,699. This population allows for 8 on sale Alcoholic Beverage Control licenses and there are presently 5 licenses in the tract. It also allows for 4 off sale licenses and there are presently 4 licenses and 1 pending license in the tract. They would need to obtain an off sale license as told by ABC. This location has had shootings in the past and problems in the parking lot. They also are in a reporting district with a high crime rate. For the reasons stated above, the Police Department opposes this request. The Police Department responded to this location 23 times in the last year. Most of the calls consist of a violent nature. The calls consist of: 4 fight, 4 assault, 1 loud music disturbance, 2 boyfriend/girlfriend disturbance, 1 narcotic sale, 1 brandishing a firearm, 1 911, 7 burglary alarm, 1traffic-reckless driving arrest(drunk from this establishment), 1 IosUstolen. Of the calls listed, except for the alarm corals, all occurred :from 10pm to the early morning hours. For this reason, if The Planning Commission wishes to allow a take out window we request it only be open for lunch, and absolutely no alcohol is to go outthe window. f:UiomeMmirwin12006-00113 La Isla Restaurant.doc RM-0 RGL 6364-62 (26) VAR 3337 APARTMENTS zs Du RM-0 RCL 63E4-62 {10) VAR 2132 WEBSTER WEST APARTMENTS 44 DU RM-0 RCL 63-64-62 (7) VAR 2132 VAR 1987 RM-4 RCL 65-06-14 VAR 35 APARTMENTS 25 DU RM-0 RCL 63£4-62 (4J VAR 934 FRENCHDUARTER APARTMENTS 16 DU ~~~~-62 ( es. of Intent RM-0 RM-1200 ~ RCL 68b9-73 CL 63.64-4 VAR 2059 VAR 1604 PARTMENT PARTMEN75 22 DU 15 DU RM-0 RCL 63$4-62 (5) EL SERNO APARTMENTS 25 DU RM-0 RCL 6364-62 (16) EL SERNO APARTMEMS 25 DU RM-0 RCL 63-64-62 (2) CUP 680 THE ARCHES APARTMENTS- 26 DU RM-0 RCL fi3-64-62 (2) CUP 680 u1 Q RCL 6~-64-62 W Res. of Intent to RM-1 CUP 756 N m 1 DU CATNAP w CAT eoA 3 & RCLfi 70.59 ,,,, Conditional Use Permit No. 2007-05187 Requested By: PETER ISSA 2437-2441 West Ball Road y NV ryV NU Q O ~ O O .- ~ N ~ w U m K J a ~ V N6 i tt ~ ~~ ~ ~ ~rt ~ ~{ 103' BALL ROAD uem Ivo. is 9 0 ~ oRAr .. = ANAh < W O F W W RCL SS56-37 RCL ~~6.31 CUFF F-' GARDEN PARK VAR 3962 ~ APARTMENTS VAR 6TD ~ 160N Sppl TMENT6N 44 ~DUU LLJ (Re C-G m BRUCE ST RCL5SSW1 ~ r~uP ZOma44s4 ~ C-G CU~PG 2U0p01-04360 155-56-31 YAR ~~7 :UP 3603 CUP 3803 vADANr :UP 1770 REST. ~~~° ° C-G GG RCL 55-56-31 RCL SSS6ai 0 CUP 3491 CUP22B5 , CUP 2760 CONVENIENCE 0 CUP 2163 STORE R STAURANT e 6..9 T-vAR Z9D7-a44az -'~~~~ ~~$^^~ v VAVAR~32~2]S12 ~ s~~~u ® o VAR 3099 C-G >~ ~ ~n SMALL SHOPS o t 0 N $`~p~° < J . 3 U s~~~;a~ < ~, ~ s v ~, ~ ~1 2 U` ~ ~( U W; W 2' 2 ¢(~ ~ O p~ 0 Itl 10 ~4>;:{<=~ Subject Property Date: March 19, 2007 Scale: 1" = 200' Q.S. No. 28 10237 ""r f'~?: n .~'. s€ ~.`^`4', i~~ fir; Conditional Use Permit Nd. 2007-05187 Requested By: PETER ISSA 2437-2441 West Ball Road BI U> - tli ~~ 10237 1 Staff Report to the Planning Commission. March 19, 2007 Item No. 8 Sa: CEQA CATEGORICAL EXEMPTION -CLASS 1 (Motion) Sb: WAIVER OF CODE REQUIREMENT (Motion) 8c. CONDITIONAL USE PERMIT N0. 2007-05187 '(Resolution). SITE LOCATION AND' DESCRIPTION: (1) This property is identified as 2437=2441 West Ball Road: REQUEST:' (2) The applicant requests approval of a conditional use permit to permit the division of a retail' tenant space into three (3) units and to establish land use conformity for an existing commercial retail center uhder authority of Code Section'. No. 18.08.030.040.0402 (Commercial Retail Center) with waiver of the following provision: (a) 'SECTION NO. 18.42.040.010 Minimum number of oarking soaces (32 spaces required; 29 spaces provided) BACKGROUND: (3) As depicted in the aerial below, this property is developed with a commercial retail center in the General Commercial (C-G) Zone: The General Plan designates this property and the property to the east for Corridor Residential lantl uses. Properties to the north are designated for: Low Density Residential land uses, properties to the west for Medium Density Residentiafland uses, and properties to the soutfi for General Commercial and Schodl (Magnolia High School) land uses.. Srcup2007-05187k1w.doc Page 1 J 1 Staff Report to the Planning Commission March 19, 2007 Item No. 8 from Roanne Street and one (1) driveway from Ball Road: Some of the existing parking. spaces are difficult to access and compact in size, therefore the applicant proposes to re- stripe the parkinglot to improve accessibility and usability. The site plan indicates a total of 29 parking spaces: Code requires a total of 32 parking spaces based on the following ratios: Use Total Square Feet Code-required Parking;: ' er 1,000 s.t`. . Parking Required: Li uor Store 2,137 s.f. 5.5' 11.8 Retail 3,299 s.f. 5.5 18.1 Srcup2007-05187k1w.doc Page 2 J Staff Report to the Planning Commission March 19, 2007 Item No. 8 (8) The floor plan (Exhibit No. 2) indicates that an existing 4,433 square foot tenant space would be divided into three (3) units for a total of four (4) units. One of the units (Unit D) would be designated for accessory storage space for the three (3) units. A canditioh of approval has been included to ensure thatUnit D cannot be used foYdommercial use because that would increase theparking required. The two (2) new retail'uhits would tie improved with a restroom.' Otfier pecific improvements have hot been'identifiedat this time. ~ .- ~ J~~xzi ~fa~ ~+. r f-'`4~ " r ~-a. ~,~ a"'~ '~^~ ~ ~ .',~ ,:yu~ ~ww~ z,~`~` 4£~.t ~. ~s'~,~Z°. F`l ss ~ `c'~c~'w'-,~`1 ~~ ~A~~Z ~''a s-~"'s's'~ ~.,n~~ ~r~~"~'" ^~-~>:" ~,- cfi P Yw 4 .! dip. ",~"t'a'v .'.~'. ~`~'-°r'(,~` ~ ~",.` %, ~ Crams -Y n`'"Re',:c.° 'w r 5 `.' ~`~''x'i v 1~'" r c ~vre„~,., ~~~~Sl-S ~n`~,"/ rar,,~~r~~"~/ i u.V y,t s/ f l ~ ~ Jw. ~1Y~ ~r r ~~~ r "'~.`'rr,-~+s'~5 try ~- '"`~ ~~ ,~`-`y. r x 'n ~ ~ ~~ x 1b "~•~~ ~" ~ ~ l '~ / South Elevation (Facing $all Road) (7) The applicant proposes to Upgrade the existing,fagade of the building. The elevation drawings, colored rendering, and materials board (Exhibif No. 3, 4, and 5) indicate acne- story commercial building varying in height from 18 to 24 feet high with Greek-style architecture. Building materials consist of a smooth plaster finish, decorative wall-mounted light fixtures, and six-foot (6) high stone wainscoting at the base of the south and east elevations, A decorative cornice treatment is proposed on the wainscoting and roofline cf each elevation: Entry to the units would be provided along the south building wal(facing Ball Road: As depicted in the above elevation, the'soutft elevation ihcludes a raised element to add interest and a focal point to the center. (8) Sign plans were cot submitted with this proposal. Any new wall signs would have to comply with current Code requirements: Staff recommends a condition of approval requiring the submittal of a final sign program to staff for all tenants which is consistent in design and compatible with the building design:: (9) There' is an open Commuhity Preservation violation pertaining to signs and outdoor displays efthe ezisting liquor store: There are wall sign displays made of plywood:. Code prohibits .signs painted on plywood or particle board. There is excessive of window signage. Code permits window signs on no more than ten percent (10%) of the total transparent area of any window surface:.. Staff has included a condition of approval that any excessive window. signage be removed. Outdoor storage and display of merchandise are not permitted outside the building. Srcup2007-05187k1w.doc Page 3 Stora a 1,134 s.f. 1.55 1:8 Total. 32.0 l Staff Report to the Planning Commission March 19, 2007 Item No. 8 ENVIRONMENTAL IMPACT ANALYSIS: (10) Staff has determined that the proposed project is categorically exempt from the requirement to prepare further environmental documentation. EVALUATION: (11) The division of an existing retail unit to create additional units is permitted in the General Commercia(zpne subject to approval of a conditional use permit The existing center was constructed prior to the code provision: requiring a conditional use permit for a commercial retail center: Therefore, the applicant is also requesting a conditional use permit for the non- conforming center. The existing commercial center is an aging; center thatdoes not have landscapingwithin the street settiack that meets current code. Although. staff would encourage landscaping; the requested action on its own would not require the property owner to make these improvements. (12) The applicant requests'a deviation in the minimum number of required parking spaces. Code requires a minimum of 32 parking spaces for retail uses and plans indicate 29 parking :spaces proposed, which is a deficiency of 3 spaces.' Code requires that requests for waivers relating to minimum number of parking spaces that do not exceed10% of the required number of parking spaces shall be accompanied by a letter from the applicant to justify the reduction in parking . Based upon. the evaluation by the applicant (attached), staff recommends a royal of the parking waiver for a commercial retail center since the accessibilityand usability of the parking spaces will be improved'and additional square footage is not proposetl. (13) 'Staff is supportive of the request to permit the division'of one (1) retail tenant space into two. (2) retail units and one'(1) accessory storage unit and to establish land use'conformity for an <`existing, non-conforming commercial retail center because it would be compatible with the underlying zone. This'request would also bring the retail center into greater conformity with current code by obtaining the proper land use approval and improving the parking lot and lartdscape areas so that they are closer to current code requirements. Careful consideration has been given to the functionality of parking of the existing center. The architect has worked closely with staff to improve the existing non-conforming parking layout of the center and to design a fagade that would architecturally enhance the surrounding neighborhood. Recommended standard conditions of approval wou d ensure proper maintenance, '' landscaping;: sanitation; and screening ofroof-mounted equipment. FINDINGS: (14) ` Section 18.06.080 of the parking ordinance sets forth the following findings which are required to tie made before the parking waivers are approved by the Commission: (a) Thatthe variance, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided forsuch use than the numtier of sucfispaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operationcf such use; and Srcup2007-05187k1w.doc Page 4 1 Staff Report to the Planning Commission March 19, 2007 Item No. 8 (bp That the variance, under the conditions imposed, if any, will' not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity > of the proposed Use; and (c) That the variance, under the conditidns imposed, if any, will not increase the demand and competition for parking spacesUpdn adjacentprivate property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with Section.18.06.010.020 of this: Code); and {d) That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or Tots provided for such use; and (e) That the variande, under the conditions imposed, if any; will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use: Unless conditions to the contrary are expressly imposed upon the granting of eny variance pursuant to this Sectioh by the Zoning Administrator, Hearing Officer, Planning Commission or City Council; the granting of any such variance shall be deemed contingent upon operation of such use in conformance with the assumptions relating to the operation and intensity of he use as contained in the parking demand study that formed the basis for approval of saidbariance: Exceeding, violating, intensifying oPotherwise deviating from any of said assumptions as contained in the parking demand study shall. be deemed a viblatibn of the'express conditions imposed upon said variance which shall subject said variance to termination or modificatibn pursuant to the provisiohs of Sections 18.03.091 and 18.03.092 of this Code. (15) Before the Planning Commission grants any conditional use permit, it must make a fintlirig of fact that the evidence presented shows that all of the following condition5exist: (a) That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Cdde,' or that said use is not listed therein as being a permitted use; (b) ' That the proposed use will not adversely affect the adjoining land uses and the growth ahd development of the area in which it is proposed to be located; (c) That the size and shape of the site for the proposed use is adequate to allow the :full development of the proposed use in a manner not detrimehtal to the particular area nor to the peace, health, safety, and general welfare; (d) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and (e) That the granting of theconditional use permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and geheral welfare of the citizens of the City of Anaheim.: Srcup2007-05187k1w.doc Page 5 l Staff Report to the Planning Commission March 19, 2007. Item No. 8 RECOMMENDATION: (16) Staff recommends that the Planning Commission take the following actions as indicated in the attached resolution including the findings and conditions contained therein: ` (a) By motion, approve a CEQA Categorical Exemption -Class 1 (Existing Facilities). (b) 8y motion, aoorove the waiver. (c) By resolution, aoorove Conditional lJse Permit No. 2007-05187: Srcup2007-05187k1w.doc , Page 6 1 [DRAFT] RESOLUTION NO. PC2007--""' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05187 BE GRANTED (2437-2441 WEST 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 LOT 1, TRACT 3091, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 92, PAGE 48 AND 49 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 19, 2007, at 230 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed request to permit the division of a retail unit into three (3) units and to establish land use conformity for an existing commercial center is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section Nos. 18.08.030.040.0402 (Commercial Retail Center) with the following waiver. (a) SECTION NO. 18.42.040.010 Minimum number of Dorking spaces. (32 required; 29 proposed) 2. That the above mentioned waiver, under the conditions imposed will not cause fewer off- . street parking spaces to be provided for such use than the number of such spaces necessary as the estimated retail area will not increase from what is existing. The demand for the center is currently being met by the existing parking condition and the availability of usable parking spaces will increase with the re- striping. Additionally, the owner will be occupying one of the available retail units for a professional office, which does. not have the parking demand that code anticipates for retail uses. 3. .That the waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposal since :parking is prohibited on West Ball Road. This restriction will not change with the improvements of the project. 4. That the waiver, will not increase traffic congestion within the off-street parking areas or lots provided far the proposed use because the parking for the adjacent buildings is not readily accessible from this property and there is no circulation between the subject site and adjacent properties. 5. That the waiver, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. because driveways and parking areas for the adjacent properties are self-contained and separate from the proposed project. Cr\PC2007-0 -1- PC2007- 6. That the existing and continued use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located. 7. That the size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or the health and safety in that there is no new square footage proposed with this request. 8. 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 since the retail space is existing and the division of the unit by itself does not generate a significant increase in traffic. 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 "* 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 staff has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional 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 of the Citizens of the City of Anaheim: Prior to issuance of Building Permit or within a beriod of one (11 year from the date of this resolution: 1. That a minimum of 29 parking spaces shall be maintained on site: Said information shall be specifically shown on plans submitted for building permits. 2. That the number of retail tenant spaces shall be limited to three (3) and one (1) unit for accessory storage for the retail units which cannot be used for commercial purposes, as indicated on the site plan exhibit submitted by the applicant. Said information shall be specifically shown on plans submitted for building permits. 3. 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 orabout the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on-site. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window areas of the adjacent residential properties. Said information shall be specifically shown on plans submitted for Police Department, Community Services'Division approval 4. 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. 5. That any new roof-mounted equipment shallbe screened from view in accordance with the requirements of Anaheim Municipal Code Section 18.38.170 pertaining to the C-G (General Commercial) Zone. Said .information shall be specifically shown on plans submitted for building permits. 6. 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 -2- PC2007- installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans submitted for Water Engineering Division approval. 7. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment's of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 8. That all existing water services and fire lines shall conform to current Water Service Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded for continued use if necessary or abandoned if the existing water service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service of fire line. 9. 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. 10. That any required relocation of City electrical facilities shall be at the developer's expense. 11. 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 12. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department and ih`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: 13. That all new 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. 14. That within sixty (60) days from the date of this resolution, all window signs on the property shall not exceed ten percent (10%) bf the window area in compliance with Cade. Prior to final building andzoning inspections the following conditions shall be complied with: 15. That an Emergency Listing Card, Form APD-281 shall be completed and submitted in a completed form to the Anaheim Police Department. 16. That the subject property shall be developed substantially in accordance with the plans and specifications submitted tc 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. General conditions: 17. That all public phones shall be located inside the building. 18. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 19. That no roof-mounted balloons or other inflatable devices shall be permitted on the property. 20. That no outdoor vending machines shall be permitted on the property. 21. That there shall be no outdoor storage permitted on the premises. -3- PC2007- 22. 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. 23. 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. 24. 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 25. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 26. 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. 27. 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 applicaht 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 March 19, 2007. 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- PC2007- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do herebyaertify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on March 19, 2007, 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 .2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -5- PC2007- '. <__ . ~ _ y; '; r 221 E. Glenoaks Blvd. Suite 225 Glendale, CA 91207 7.819:551.9001 Eel 8.551.9002 January 29, 2007 Kimberly Wong City of Anaheim Planning Department 200 South Anaheim Blvd. Anaheim, CA. 92805 Attachment -Item IVo. 8 Re: Parking Variance .Fustification - 2437 West Batt Road Pre-File No. 2006-00070 Deaz Kimberly, The Site Plan for the referenced site is being submitted for formal review with a total number of provided parking spaces that is slightly below the code required minimum number. In accordance to your pre- file review letter dated September 7, 2006, BOLADazck Design Corp.. + N. Battle Architect hereby requests a variance from the code for the number of provided parking stalls. Based on the gross building azea of 6,570 squaze feet, 31.76 => 32 stalls aze required. Our site plan indicates that 29 stalls will be provided, a 3 stall deficit. This equates to a 9.38 % shortfall. Following ' aze the variance requirements and the corresponding justifications: ® That the variance, under the conditions imposed if any, will not cause fewer off-street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use; The pazking requirement is based on a grass building size of 6,570 square feet. The estimated usable Retail area will be approximately 5,436 squaze feet. The estimated usable Storage azea will be approximately 1,134 square feet. Applying the code requirement less 10% administrative reduction to this area equates to a total of 28.49 => 29 stalls. Additionally, the proposed building is being designed and mazketed as a "class A" building. Also, the Owner will be occupying one of the available Retail units as an office, and as professional services, does not have the pazking demand that the code anticipates. • That the variance, 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; Off- street pazking is prohibited along both adjacent street frontages (West Ball Road and South Roanne Street). This restriction will not CUP N0. 2007 - 0 5 1 8 7 change with the addition of this project; therefore the off-street pazking U I will be unaltered. . ~. .!I ¢' ,': o That the variance, under the conditions imposed if any, will not `° ;' ; increase the demand and compefition for parking spaces upon ~~'~ ' _ adjacent private property in the immediate vicinity of the proposed ~ -._ use; + N. Battle ArcUitect - As with the proposed project, the parking for the adjacent buildings is contained within the property boundaries of each building. There is no circulation between the subject site and the adjacent properties. All the driveways are clearly defined. Pazking in the adjacent properties aze extremely inconvenient at the very least. e That the variance, under the conditions imposed if any, will not increase the traffic congestion within the offf-street parking areas or lot provided for the proposed use; Given that the site is an existing development being designed with the variance taken into consideration, congestion within the off-street pazking aeeas will be no different than if the site were designed without the need for the requested variance. o That the variance, under the conditions imposed if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use; As noted above, the driveways and pazking areas for the adjacent properties aze self contained and separate from the proposed project. Impedance of vehicular ingress or egress is neazly impossible. Also, the above existing project has kept its' existing foot print and number of stalls. Please consider these justifications as persuasive evidence that pazking deviation from the code is minor and should have little or no effect on the subject project, nor the surrounding streets and properties. We look forward to a favorable recommendation for this variance as the project completes the approval process. Please feel free to contact me with any questions or for any additional information as you review this request. incerely, an-Pierre Boladian 227 E. Glenoaks Blvd, Principal Suite 225 Glendale, CA 97207 7.818.551.9807 F.818.551.9002 CUP ~0. 200 - 0 51 8 7 SALLIE LN ', c-c RCL 60-61-100 tS-2 WESNIEW I EACH VOCATIONAL SERVICES RS-2 „~ 1 DU EACH ~o~ D-G RcL s4ss.19z CUP 3393 CUP 3139 CUP 3125 CUP 2511 CUP 2029 -CUP 1105_ VAR 3633 VAR 3311 8 VAR 1731 SHOPPING CENTER SUMAC LN DU -64 uew rvu. a U L_~__) ~J ~J ~ SALLIE LN R 3 RCL 67E8-63 VAR 1959 o-L RCL 4-es2 RS-2 ., JP 26 I 1 w 19 ARAN E 1 DU EACH =RVIC u V e c-c RCL 645-105 ~ VAR 976 5 VAR 620 5 e C-G 1 RCL 65.86-105 ' T-CUP 2003-04612 1 CUP 4180 CG CUP 4107 CUP 1821 ® CUP 3646 CUP 1139 CUP 3741 CUP 921 9 CUP 3665 VAR 4268 CUP 3567 VAR 3589 CUP 3426 VAR 3126 S- ® CUP 1990 VAR 3121 CUP 169 VAR 3023 S 1 CUP 921 C~ 1 1 1 t- W W •- (n 0 J U W .®..Q Conditional Use Permit No. 2007-05182 Requested By: ABDUL AZIZ 1671 West Katella Avenue RS-2 1 DU EACH W Q VAR 2892 w w K y W N U C-G RCL 65-66-105 56.57-00 CUP 2003.04812 CUP 4180 CUP 4107 CUP 3846 CUP 3741 CUP 3685 CUP 3587 CUP 3426 CUP 1990 CUP 1892 CUP 1621 CUP 1139 VAR 3126 5 VAR 3121 5 VAR 3023 S V-976 S V-820 5 VAR 4268 ( CUP3388)) STRIP MALL VACANT LA<` T I -' _.,,~.~ ~ Subject Property Date: March 19, 2007 Scale: 1" = 200' Q.$. NO. 57 10238 KATELLA AVENUE Conditional Use Permit No. 2007-05182 Requested By: ABDUL AZIZ 1671 West Katelfa Avenue Subject Property :Date: March 19, 2007 Scale: 1" = 200' Q.S. No. 57 10230 Staff Report td the Planning Commission March 19, 2007 Item No. 9 9a. CEQA NEGATIVE DECLARATION (Motion) 9b. WAIVER OF CODE REQUIREMENT ; (Motion) 9c. CONDITIONAL USE PERMIT NO: 2007-05182 (Resolution) SITE LOCATION AND DESCRIPTION: (1) This property is identified'as 1671 West Katella Avenue. REQUEST: (2) The applicant requests approval of a conditional use permit to construct a 2-story commercial retail center featuring space for 14 tenants'uhder authority: of Code Section No. 18.08.030.040`0402 (Commercial Retail Centers) with waivers of he following provisions: (a) SECTION NO. 18.08.050.010 Maximum structural height (20 feet permitted; 282830 feet proposed) (b) SECTION NO. 18.080.060.010.0101 Minimum landscape setback (Deleted) (c)'SECTION NO: 18.080.060.010:0102 Minimum structural setback (51 feet required;'10=11 feet proposed) (d) SECTION NO. 18.42.040.010 ' Minimum number of parking spaces (67 required; 60 proposed). BACKGROUND: (3) Thin property`is currently developed with a restaurant and is in the General Commercial (C- G) zone. Tfie General Plan designates this property and properties to the west for General Commercial1and uses: Properties to the sduth are designated for Neighborhood Commercial'land uses and properties to the north and east are designated for-Low Density Residential land uses: Srcup2007-05182k1w.doc Page 1 Direction Code Required / Proposed ' Code Required! Proposed Structural Setback Landsce e.9etback'' North {adjacent to 51 Feet / 74 Feet 10 Feet / 10 Feet Single-Family Residential South (adjacent to 15 Feet / 15 Feet 15 Feet (15 Feet t<atella Avenue East (adjacent to 51 Feet / 10 Feet 10 Feet / 10 Feet Single-Family Residential West 0 Feet / 65 Feet 0 Feet / 3 Feet Page 2 _ ~ _ ~ _ _ Staff Report to the Planning Commissioh March 19, 2007 Item No. 9 {6) Access to the site would be provided via one (1) driveway along Katella Avenue. A driveway is also' proposetl along the west property line. for vehicular access to the commercial property. to the west. The site plan indicates a total of 60 parking spaces proposed for the commercial center. Code: requi~esa minimum of 6Tpa~king'spaces for this center based upon the following ratios:. Land Use S ware Foota a 'Re wired Parkin 'Total i Retail/Take- out Restaurant > 7,800 s.f. 5.5 spaces / 1,000 s.f. ? 43 Office 6,000 s.f. ! 4 s aces / 1',000 s.f. - 24' Total + 67 l Staff Report to the Planning Commission March 19, 2007.. Item No. 9 (9) The roof section plan (Exhibit No: 6) indicates that the7oof is fully surrounded by a parapet.:. wall and other architectural features of the building:.. The roof-mouhted equipment weuld have a height of approximately three (3) feet and would be completely screened from view from the right-of-way on Katella Avenue and the adjacentsingle-family residences to the north and east. (10) The landscape plan (Exhibit No: 7) indicates a variety of canopy trees surrounding the proposed building. The plan reflects a 15-foot wide andscape planter alorg Katella Avenue. Plans propose a variety of shrubs and groundcover within the landscape setback. The landscaped planters withih the parkingarea are proposed to include trees, shrubs, and groundcoveE In order to provide an extra buffer forthe single-family residences to the north and east, a total of 21 tees is proposed within the landscape settiack, which is double what code requires.. Staff has included a condition of approval requiring that flhal landscape plans be submitted showing an eight (8) foot high decorative masonry wall along the north and east property lines as fequired by Code:` (11) Sign plans {Exhibit No. 8) indicate that each unit would have one,(1) wall sign. Units with frontage along Katella Avenue would have one (1) wall sign on the west elevation and one (1) wall sign on the south elevation facing Katella Avenue. The conceptual signs shown on the plans comply with Code requirements.: The applicant also proposesa monumeht sign located near the driveway. Since specific tenant signs have not been identified at this time, staff is recommending. a condition of approval requiring the applicant to submit a final detailed sign program for staff review once the specific sign design and tenant signs have. been determined for the retail center to ensure consistent sighs hat compliment the building. (12) The submitted letter ofoperation indicates the building'would be constructed in one phase. Since tenants have not been determined, the hours of operation; employee information and tenant miXa~e unknown at this ime. ENVIRONMENTAL IMPACTANALYSIS: (13) Staff has prepared an Initial Study which finds no significant environmental impact and, therefore, recommends'that aNegative Declaration be approved: A copy of the Negative Declaration is available for review in the Planning Department. EVALUATION: (14) Commerciaf retail centers consisting of two or more commercial tenant spaces are permitted in the General Commercial Zone; subject to the approval of a conditional Use permit. (15) The applicant proposes a building that is taller than what is permitted by the Code. Code permits a maximum structural height of 20 feet for properties within 50 feet of a single- . family residential zone'and the applicant proposes a structural height of 28 to 30.5 feet. This property? is unique because' it has a narrow frontage of 107 feet, wfiich is approximately a third of the depth of the property (323 feet). The narrow width of the property cohstrains theproperty's development potential resulting in the need fora 2-story. structure to achieve the necessary square footage.. The current design tesults in a floor urea ratio (FAR) of .38, well below the maximum permitted of .50: Theproperty to the Page 4 l Staff Report to the Planning Commission March 19, 2007 Item No. 9 • ' The applicant also requests a deviation in the minimum number of required parking spaces_ Code requiresa minimum of 67 parking spaces for the mizbf tetait andprofessional office uses. Plans indicate 60 parking spaces proposed; which is a deficiency of Tspaces Code requires that requests for waivers relating to minimum numberbf parking spaces that do not exceed 10% of the;required number of>parking spaces shall tie accompanied by a letter from the applicant to justify the reduction in parking, Based updn the evaluation by the applicant (attached); staff recommends aborovalbf the parking waiver for a retail and professional office building. Staff's recommendation is based upon the finding that the proposed center isdesigned with`a mix of retail uses with parking`demands that are typically heavy during evenirtg hours and offices which have a higher parking demand during the day. (18) Goal 6.1 of the Community Design Element of the General Plan reads as follows: "Focus activity centers at fhe intersections of selected major corridors to provide convenient and attractive cdncentration of retail and office uses" The following desigh policies implement this goal: • 'Locate buildings close td the street with parking located behind or to the side of the building. • Encourage pedestrian-scale features such as public art and awnings • Incorporate architectural interest through varied rooflines, colors; materials; and lighting • Provide layered landscaping • Provide gathering spaces uch as outdoor eating areas, water features, and courtyards. • Screen utilities:'. (19) Many of the design features indicated in the' Design Element have been incorporated into the proposed project. !Examples ihclude decorative lighting, awnings, puality materials, varied colors; and screened utility equipment. Staff believes the proposed elevations would architecturally enhance'the surrounding area. (20) Staff is supportive of the request to construct a new commercial retail center. The proposed retail and office uses would be compatible with adjacent landuses in the area and contribute to the services provided for the neighborhood. Careful considefation has been given to the design and funotionalitybfthe proposed retaiPcenter The architect has worked closely with staff to provide a quality design that is consistent with the Community Design Element of the: General Plan. Based upon the.: project's quality design and compliance with recommended conditions used to ensure that the details of the project are also adequate, staff recommendsaoproval of the project. FINDINGS: {21) Section 18.42,110 of the parking code sets forth the following findings which are required to be made before a parking waivecjs approved by the Planning Commission: (a) That the waiver, under the conditions imposed, if`any, will not cause fewer off-street parking spaces to be provided for such use than the number of such spaces Page 6 1 Staff Report to the Planning Commission March 19, 2007 Item No. 9 necessary to' accommodate all vehicles attributable to such use under the normal and reasonable foreseeable conditions of operation of such use:: (b) That the waiver; under the conditions imposed, if any, will not: increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use.. (c) ; That the waiver,. under the conditions imposed, if any, will. not increase the demand for i parking spaces upon adjacent private property,in fhe immediate. vicinity of the. proposed use: (d) That the waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for such use... (e) Thafthe waiver; under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the. proposed use. Unless conditions to the contrary are expressly imposed upon the granting of any waiver pursuant to this section, the granting of the waiver shall be deemed contingent upon operation bf the proposed use in conformance with the assumptions relating to the operation and intensityof the use as contained in theParking Demand Study,that formed the basis for approval of the waiver: Exceeding, violating, intensifying or otherwise deviating from any of the assumptions as contained in the Parking: Demand Sfudy shall. be deemed a violation of the express conditions.imposed upon the waiver, which shall subject the waiver to revocation or modification pursuant to the provisions of Section 18.60.200 (City-Initiated Revocation or ModificationofPermits). {22) When practical difficulties or unnecessary hardships result from strict enforcement of the Zoning Code; a modificatiod may be granted for the purpose of assuring that no property, because of speciatci~cumstances .applicable to it, shall be deprived bf privileges oommonly enjoyed by other properties in the same vicinity and zohe. The sole purpose of any variance or code waiver is to prevent discrimination and none shall be approved which would have the effeotof granting a special privilege not shared by other similar properties. 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 ofprivileges enjoyed by other properties under identical zoning classification in the vicinity: (23j 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 properlyone for which a conditional use permit is authorized by the Zoning Cade, or is an unlisted use as defined in Subsection :030 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority); Page 7 1 Staff Report to the Planning Commission March 19, 2007 Item No. 9 (b) That the use will nofadve~sely 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 fult development of the proposed use in a manner nbt detrimental to the particular area or to the health and safety; (d) That the traffic generated by the use will not impose ah urtdue 6urdeh upon the. sfreets'andhighways 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`. (24) Staff recommends that the Planning Commission take the following actions as indicated in the attached resolutions ihcluding the findings and conditions contained herein: (a)` By motion, aoQ~bve a CEG1A Negative Declaration. (b} By motion, a Qrove waivers (a), (c)` and (d) and denv waiver (b) because it has been'deleted. (c) By resolution a rove ConditionalUse Permit No. 2007-05182. Page S jDRAFT] RESOLUTION NO. PC2007--*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05182 BE GRANTED (1671 WEST KATELLA 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 THAT PORTION OF LOT 5 IN BLOCK 17 OF A SUBDIVISION OF THE 5'/:OF SAC 21 AS SHOWN IN BOOK 1, PAGE 33 OF MISC MAPS OF ORANGE COUNTY CALIFORNIA- A PORTION OF SAID LOT 5 ALSO ON MAP OF TRACT 2177; BOOK 59 PAGES 36 & 37 OF MISC MAPS OF ORANGE COUNTY CALIFORNIA. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 19, 2007, at 2:30 p. m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18:60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use, to construct a 14-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 Center) with waivers of the following: (a) SECTION NO. 18.08.050.010. Maximum structural height. (20 feet permitted; 282830 feet proposed) (b) SECTION NO. 18.080.060.010.0101 Minimum landscape setback. (Deleted) (c) SECTION NO. 18.08.060.010.0101 (d) SECTION NO. 18.42.040.010 Minimum structural setback. (51 feet required; 101011 feet proposed) Minimum number of parking spaces. (67 required; 60 proposed) 2. That the above-mentioned waiver (a) is hereby approved as the site is unique because of its narrow frontage which is approximately a third of the depth of the property. The narrow width of the property constrains the property's development potential forcing the necessary square footage into a two story structure. Additionally, the neighboring property to the south has a similar height. Denial of this waiver would deprive this property of a privilege enjoyed by other property in the vicinity. Windows are not proposed for any of the second-story tenant spaces reducing the potential for loss of privacy for adjacent single-family residences. 3. That the above-mentioned waiver (b) is hereby denied because it has been deleted: 4. That the above-mentioned waiver (c) is hereby approved because the site is constrained by its narrow width. Compliance with this setback would limit the width of the building to approximately thirteen (13) feet, which is unusually narrow. Denial of the waiver would deprive this property a privilege enjoyed by Cr\PC2007-0 -1- PC2007- other properties In the vicinity because the properties to the west have similar structural setbacks of 5 to 10 feet abutting a residential zone. 5. That the above-mentioned waiver (d), under the conditions imposed will not cause fewer off- street parking spaces to be provided for such use than the number of such spaces necessary. The proposed building has been designed with a mix of office and retail uses. The parking demand for retail uses are generally heavy during evening hours when offices will be closed. Therefore, the shared parking with mixed uses will provide adequate parking stalls. 6. That the .parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposal because parking is not permitted on Katella Avenue. 7. That the parking waiver, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use because adequate parking and circulation is provided for the mix of uses proposed. 8. That the parking waiver; under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the mix of retail and office uses will provide adequate parking. The development will provide additional shared access with the property to the west which will ease traffic congestion on Katella Avenue. 9. 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. 10. 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. 11. That 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. 12. That "' indicated their presence at said public hearing in opposition; .and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal; 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: Prior to issuance of a buildina permit or within a period of one 111 year from the date of this resolution. whichever occurs first, the followfna conditions shall be complied with: 1. That the number of tenant spaces for this commercial retail center shall be limited to fourteen (14). Said information shall be specifically shown on plans submitted for building permits. -2- PC2007- 2. That adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on- site. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 3. That 4-foot high street address numbers shall be displayed flat on the roof of the building in a cdlor 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. 4. 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. 5. 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. 6. That an on-site trash truck turn-around area shall be provided .per Engineering Standard Detail No. 476 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits. 7. That the project shall provide for accessible truck deliveries on-site: Said information shall be specifically shown on plans submitted for building permits.. 8. That a fnal 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 shall incorporate the stone. treatment used on the building. 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. 9. 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 shaltbe 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. 10. That all requests for new water services, fire hydrants, or fire lines, as well as any modifications, relocations, or abandonment's of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 11. That since this project has a landscaping common 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. 12. 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.). -3- PC2007- 13. That any required relocation of City electrical facilities shall be at the developer's expense. 14. That plans shall be submitted to the Traffic and Transportation manager for his review and approval showing conformance with Engineering Standard No. 115 (10-foot radius curb returns for all driveways and sight distance visibility for the monument sign and wall location). 15. That any removal or relocation of any traffic signal equipment or any other related item to the traffic sign shall be at the developer's expense if the project requires street widening or new/modification of the driveway. 16. 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. 17. That final elevation plans shall be submitted to the Planning Services Division for review. Said plans shall incorporate the use of stone material, detailed information pertaining to the materials and colors proposed, 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. 18. That building and parking lot lighting shall be decorative. Additionally, lighting fixtures shall be down- lighted and directed away from nearby residential properties to protect the residential integrity of the area. Said information shall be specifically shown on the plans submitted for building permits. 19. 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. 20. That final landscape and fencing plans shall be submitted to the Planning Services Division for review and approval. The fencing plan shall incorporate an eight (8) foot high decorative block wall along the north and east property Tines and broad headed evergreen trees planted ten foot on center. Said plans shall show a minimum of five (5), 24-inch box size trees along Katella Avenue, shrubs, groundcover, and clinging vines to be planted in layers on all walls visible from the public right-of-way and within landscape setbacks. The landscape material selected shall be appropriate to the width of the planter area. Any decision made by the Planning Services Division regarding said plan may be appealed to the Planning Commissicn as a "Reports and Recommendation" item. All trees shall be properly and professionally maintained by the property owner to ensure mature, healthy growth. Such information shall be specifically shown on the plans submitted for building permits. 21. That the property owner shall submit a letter requesting termination of Conditional Use Permit No. 771 (to permit on-sale beer and wine in conjunction with a restaurant and Variance No. 1735 (waiver of maximum height of afree-standing sign) to the Planning Services Division. 22. That the City of Anaheim Sewer Impact Mitigation fee for the West Anaheim Area shall be paid. The mitigation fee is currently $124/1,000 square feet of gross floor area 23. That the applicant shall abandon any City of Anaheim public utilities easements that conflicts with the proposed building footprint. 24. That the applicant must coordinate with the City of Anaheim design section regarding the ultimate location of the driveway approach. If the applicant fails to coordinate the location of the driveway approach, at developer cost, the City constructed driveway approach shall be removed and replaced -4- PC2007- with curb and gutter and a new driveway approach shall be constructed in the correct locatioh. A right- of-way construction permit shall be obtained for work to be done in the City right-of-way. 25. That the applicant shall submit to the Public Works Department, Development Services Division for review and approval a Water Quality Management Plan that: • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced'or "zero discharge" areas, and conserving natural areas. • Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan: • Incorporates Treatment Control BMPs as defined in DAMP. • Describes the tong-term operation and 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. ' Prior to final building and zoning inspections the following conditions shall be complied with: 26. That prior to issuance of a certificate of occupancy, the applicant shall: e Demonstrate that all structural BMPs described ih the Project WQMP have been constructed and installed in conformance with .approved plans and specifications. • Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP. • Demonstrate that an adequate number of copies of the approved Projects WQMP are available onsite.' • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 27. That an Emergency Listing Card, Form APD-281 shall be completed and submitted in a completed form to the Anaheim Police Department. 28. 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 8, and as conditioned herein. General Conditions: 29. That no video, electronic or other amusement devices shall be permitted on the premises. 30. That all public phones shall be located inside the building. 31. That no outdoor vending machines that are visible to the public right-of-way shall be permitted on the PrQPerty. 32. 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 dekermine 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. -5- PC2007- 33. 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 the time of discovery. 34. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased andlor dead. 35. Extensions for further time to complete said conditions may be granted in accordance with Sectioh 18.03.090 of the Anaheim Municipal 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 compliance 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 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 fihal invoice or prior to the issuance of building permits for this project; whichever occurs first Failure to pay aq 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 March 19, 2007. 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 -6- PC2007- 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 March 19, 2007, 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 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -7- PC2007- Mar OS 07 09:33a shakil Patel 909-796-4437 p.4 SECTION 4 PETfI'IONER'S STATEMENT OF Attachment -Item Plc. 9 NSTIFICAT[ON FOR VARIANCFJCODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: PERTAINING TO: for each Sections 18.03.040.D30 and 18.12.06D of the Anaheim Municipal Code require that befo~y variance or Code waiver may be granted by the Zoning Administrator or Platudng Commission, the following shall he shown: 1. 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, strict application ofthe zoning code deprives the propertyofpdviteges enjoyed by other property under identical zoning classification in the vicinity. In order m determine if such special circumstances exist, and to assist the Zoning Administrant or Planning Commission to arrive aY a decision, please answer each of the following questions regarding the property for which a variance is sough; fully and as completely as possible. If you need additional space, you may attach additional pages. 1. Arc there special cjrcumstances flint apply to the properly in matters such as siu, shape, topography, location or suroundings? _/ Yes _ No. 2. 3. If your answer if "yes,° describe the special circumstances: 4. Were the special circumstances created by causes beyond the cantrnl of the property owner (mr previous property owners)? _ Yes /_ No EXPLAIN: The sole purpose of any variance or Code waiver shall be n prevent discrimination, and rm variance or Code waiver shall be approved which would have the effect of granting a spacial privilege not shared by other property.. in the same vicinity and zone which ids no~ot'hU~e~/rwi~e , r'e^s~s~,`t'y" `/lauthorised by zone regulations governingsubje"ct p~perty. Use variances mre not permitted. Sigpanae of Property 0 er or Autiroriud Agent Dare CONDITIONAL USE PERMTTNARIANCE NO. atszsnacettar~t Iz zooo Are the special circ~~m~~~p~ that apply to the property different firm other properties in the vicinity which are in the same zone as your property? _ Yes _ No Do the special circumstances applicable n-the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? _Yea No SECTION 4 PETITIONER'S STATEMENT OF Attachment -Item Plo. 9 JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: ~ b • O D ' 0 ~ O . O ~~ D ~® Z (A sepazate state ant is required for each Code waiver) PERTAINING TO: ~7TfZUCTl11~9rC- SAC I~~ ~ ~c Sl.~tf)~li ,~PFi(C Sections ] 8.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: 1. 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, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. 1. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? _Yes _ No. r,,~,y1 ~, If vour answer is "Yes." describe the special circumstances: ~K~ 5 ~ 7 ~~ ,"'ter'/~ ~ _ 2. 3 4. 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 Do the special circumstances applicable to~ property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? _Yes _No L The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved hich would have the effect of granting a special privilege not shazed by other property in the same vicinity and zone whit n otherwise expressly authorized by zone regulations governing subject property. Use variances are not permitted. Signature o Prope Owner or Authorized Agent ®1 7 a~ 37626~DECEMBER 12, CONDITIONAL USE PERMIT/VARIANCE NO cuP ~a 200 - ~ 51 a Were the spec circumstances created by causes beyond the control of the property owner (or previous property owners)? _Yes _ No Mar O5 07 09: 32a shakil Patel 909-796-4437 p.2 Attachment -Item No. 9 January 16, 2007 John P Ramirez City of Anaheim Planning Department 200 South Anaheim Blvd. Anaheim, CA 92805 Re: Parking Variance Justification - 1671 W Katella Avenue, Preflle No. 2006-000104 Dear John:: The Site Plan for the referenced site is being submitted for formal review with a total number of provided parking spaces that is slightly below the code-required minimum number. In accordance to your pre-file n:view letter dated Dec13, 2006, Katella retail Center hereby requests a variance from the code for the number of provided parking stalls, Based on the gross building area of 13,800 square feet, retail area of 7~Q l) sf 43 stalls required , offrce area of 6000 sf = 24 stalls required total of ~6~'alls are required. Our site plan indicates that 6D stalls will be provided, a 7-stall deficit. This equates to a 9 % shortfall. following an: the variance requirements and the corresponding justifications: That the vadance, under the condtions imposed if any, will not cause fewer oli- street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseee5le conditions of operab'on of such use; The proposed building is being designed and Retail uses will be heavy during evening hours and offices will be closed during this 6me, hence shared parking with mixed use will provide adequate parking stalls. That the variance, underthe conditions imposed if any, wit! not increase the demand and compeh7lon for parking spaces upon the public streets in the immediate vicinity of the proposed use; Adjoining retail will be connected to the proposed development which will further ease traffic on Katella and Interior traffic flow of troth the developments. PATEISHAKILQGMNLCOM Mar OS 07 09:32a shakiY Patel 909-796-4437 p.3 That fhe vadance, under fhe condrflons Imposed if any, will riot increase the damahd and competition for pa1#ing spaces upon adjacent private property in the immediate vicinity ofthe proposed use; The parking will be shared for the mix of retail and office uses. the development to" "' the west would decrease the number of driveways from Katella avenue and our development will provided additional shared interior driveway which will ease traffic congeston on Katella Avenue, That fhe variance, under fhe conddions imposed, if any, wilt riot increase franc congestion within the off-street parking areas or lots pmvided for the proposed use; Given that the site is a new development being designed with the variance taken into consideration, congestion within the off-street parking areas will be no different than if the site were designed without the need for the requested variance. That the vadance, under the conditions imposed if any, will not impede vehicular ingress to or egress from adjacent properties upon the puhiic streets in the immediate vicinity of the proposed .use; As noted above, the driveways and partring areas for the adjacent properties are provided with shared intefior driveway to ease and smooth traffic flow on Katella Avenue. Both the development will benefit with this improvements. Please consider these justifications as persuasive evidence that the parking deviation from code is minor and should have little or no effect on the subject project, nor the surrounding streets and properties. We look forward to a favorable recommendation for this variance as the project completes the approval process. Please feel free to contact me with any questions or far any additional infonnation as you review this requesC ,rw 1 Shaldl Patril AIA ]8062 HlnckleY Stroa LOMA LINDA CA 623 Tale. 909-796-Oki00 Fax 909-796-4437 patelshakil~gmeil.com PATELSFVJ<IL~GMAILCOM