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PC 2007/04/30
B I~ Ill i~Sl ondav, April 30 2007 Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California ® Chairman: Gail Eastman ® Chairman Pro-Tempore: Kelly Buffa ® Commissioners: Stephen Faessel, Cecilia Flores Joseph Karaki, Panky Romero, Pat Velasquez ® Call To Order ® workshop on Density Bonus ® 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: planninocommissionnanaheim net H:Idocslclericallagendas\(04/30/2007). doc (04/30/07) Page 1 Preliminary Plan Review 12:00 P.M. ° Staff update to Commission on various City developments .and issues (As requested by Planning Commission) ° Preliminary Plan Review for items on the April 30, 2007 agenda Anaheim Planning Commission Agenda - 2:30 P.IVI. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim Planning Commission or public comments on agenda items with the exception of public hearing items. Consent Calendar: The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. Reports and Recommendations 1A, (a) CEQA ENVIRONMENTAL REPORT NO. 313 PREVIOUSLY CERTIFIEDI (b) FINAL SITE PLAN NO. 2007.00003 Agent: David C. Seager 1380 South Harbor Boulevard Anaheim, CA 92802 Location: 1380 South Harbor Boulevard: Property is located at the northeast corner of Harbor Boulevard and Clementine street, having frontages of 660 feet on the east side of Harbor Boulevard and 660 feet on the north side of Manchester street. Request review and approval of a final site plan for the construction of I PmJe gPQnner. / a new pool in place of an existin (kwon 2 ananeim.net g pool within the Anaheim Resort. Minu es 16. Receiving and approving the Minutes from the Planning Commission Meeting of March 19, 2007. (Motion) Continued from the April 2, 2007 Planning Commission Meeting. 1C. Receiving and approving the Minutes from the Planning Commission Meeting of April 2, 2007. (Motion) H:1d ocslclerica I\age nda s1(p4/30/2007). doc (04/30/07) Page 2 Public Hearing Items 2a. CEQA CATEGORICAL EXEMPTION -CLASS 1 2b. CONDITIONAL USE PERMIT NOS. 103 3957 AND 4153 (TRACKING NO. CUP2007-05194) 2c. VARIANCE NOS. 4377 AND 2002 04506 (TRACKING NO. VAR2007-04720) CONDITIONAL USE PERMIT NOS. 103 3957 AND 4153 Owner: Area A- Dayarambhai Bhakta, Rasilaben Bhakta, 500 South Beach Boulevard, Anaheim, CA 92804 Area B- Cambell Holings, C/O Martin Cambell, 1800 East Imperial, Suite 120, Brea, CA 92821-6012 Area C- HPTIHG-2, Properties Trust, C/O Hospitality Properties Trust, 400 Centro Street, Newton, MA 02458 Location: (A) Calico Motel 500 South Beach Boulevard Property Is approximately 0.36-acres with a frontage of 66 feet on the east side of Beach Boulevard and a maximum depth of 238 feet and located approximately 396 feet north of the centerline of Orange Avenue. (Bl Town Place Suites 1730 South State College Boulevard: Property is .approximately 11.9-acres located at the northeast corner of Katella Avenue and State College Boulevard having a frontage of 1,100 feet on the north side of Katella Avenue and 750 feet on the east side of State College Boulevard. (Cl Stavbridge Suites 1855 South Manchester Avenue and Holiday Inn 1915 South Manchester Avenue Property is approximately 6.01-acres with a frontage of 677 feet on the southwest side of Manchester Avenue and a maximum depth of 560 feet and located approximately 800 feet south of the centerline of Katella Avenue. VARIANCE NOS. 4377 AND 2002-04506 Owner: Area A- Festival Hotel Associates; Limited Partnership, C/O RDA Investments Inc., Attn: Richard L. Vilarado, 13217 Ridge Drive, Rockville, MD 20850-3615 Area B- Banh-Shiang Liza Yu, P.O. Box 9800, Anaheim, CA 92812-7800 Location: (Al Anaheim Hills Residence Inn 125 South Festival Drive: Property is approximately 3.2-acres with a frontage of 409 feet on the west side of Festival Drive and a maximum depth of 366 feet and located approximately 386 feet south of the centerline of Santa Ana Canyon Road. H:\d ocslclerica Ilagen dasl(04/30/2007 ). doc (04/30/07) Page 3 LB) Candlewood Suites 1733 S„ tti e ti Boul~rd; property is approximately 0.92,acres with a frontage of 100 feet on the east side of Zeyn Street and 100 feet on the west side of Anaheim Boulevard and a maximum depth of 400 feet and located approximately 580 feet north of the centerline of Katella Avenue. City-initiated request to delete conditions of approval pertaining to limitations on the permitted length of guest occupancy for existing hotels. Conditional Use Permit Resolution Nos. Variance Resolution Nos. H:\docslclerica Ilagendasl(04/30/2007), doc Project Planner. (dherrick@anaheim. nett (04/30/07) Page 4 3a. CEQA SUBSEQUENT ENVIRONMENTAL IMPACT REPORT NO. 332 (PREVIOUSLY-CERTIFIED) AND SECOND ADDENDUM 3b. GENERAL PLAN AMENDMENT NO 2006 00449 3c. MISCELLANEOUS PERMIT NO 2007-00187 3d. ZONING CODE AMENDMENT NO 2007-00057 Owner: Platinum Triangle Partners LLC, 25 Enterprise, Aliso Viejo, CA 92656 Orangewood Platinum Investors, LLC, 1849 Sawtelle Boulevard, Los Angeles, CA 90025 Agent: Andrew Han, Platinum Triangle Partners LLC, 25 Enterprise, Aliso Viejo, CA 62656 lan Ellis, West Millennium Homes, 1849 Sawtelle Boulevard, Suite 600, Los Angeles, CA 90025 Location: East of the Interstate 5 Freewav west of the Santa Ana River channel and SR-57 Freewav south of the Southern California Edison easement and north of the Anaheim Citv limit: Property encompasses approximately 820 acres located at the confluence of the Interstate 5 Freeway and the SR-57 Freeway, in the City of Anaheim in Orange County, California. General Plan Amendment No. 2006-00449 -Request to amend the Land Use Element of the General Plan to increase the maximum number of dwelling units permitted in The Platinum Triangle from 9,500 to 9,821. Miscellaneous Permit No. 2007-00187 -Request to amend The Platinum Triangle Master Land Use Plan to increase the maximum number of dwelling units in the Gateway District from 2,075 to 2.,396 and the total number of dwelling units in The Platinum Triangle from 9,500 to 9,821. Zoning Code Amendment No. 2007-00057 -Request to amend The Platinum Triangle Overlay Zone to increase the maximum number of Project Planner. dwelling units permitted in the Gateway District from 2,075 to 2,396 and (hvhireQananeim.net) the total number of dwelling units in The Platinum Triangle from 9,500 to 9,821. General Plan Amendment Resolution No. Miscellaneous Resolution No. H:ldocslclerical\agendas\(04/30/2007).doc (04/30/07) Page 5 4a. 4b. 4c. 4d. Owner: Orangewood Platinum Investors LLC, C/O West Millennium Homes, 1849 Sawtelle Boulevard, Suite 600, Los Angeles, CA 90025 Agent: Ian Ellis, West Millennium Homes, 1849 Sawtelle Boulevard, Suite 600, Los Angeles, CA 90025 Location: 2211 East Orangewood Avenue• Property is approximately 3.9 acres, with frontages of approximately 273 feet on the north side of Orangewood Avenue and is located approximately 1,035 feet east of the centerline of State College Boulevard. Conditional Use Permit No. 2006-05138 -Request to modify minimum structural setbacks to construct a 341-unit residential project. Development Agreement No. 2006-00003 - Request a Development Agreement between the City of Anaheim and Orangewood Platinum Investors, LLC for the Orangewood Condominiums project to construct 341-unit residential condominiums. Tentative Tract Map No. 16908 -Request to establish a 1-lot, 341-unit residential airspace attached condominium subdivision. Conditional Use Permit Resolution No. Development Agreement Resolution No. 5a. CEQA CATEGORICAL EXEMPTION -CLASS 1 5b. CONDITIONAL USE PERMIT NO 2007-05196 Owner: Sycamore Canyon Plaza Inc„ CB Richard Ellis Inc., Attn: Katy Kennedy, 2125 East Katella Avenue, Suite 100, Anaheim, CA 92806-6078 Agent: Kristen Stolle, 8171 East Kaiser Boulevard, Anaheim, CA 92808 Location: 751 South Weir Canvon Road Suites 167 and 171 Property is approximately 11.4 acres and is located at the northwest corner pf Weir Canyon Road and Serrano Avenue. Request to permit massage and day spa services within an existing yoga and personal training facility. Conditional Use Permit Resolution No. H: \docslcl a ri callagen das\(04/30/2007 ). d oc °rojec[ Planner: (twhiteQanaheim. nett Project Planner: (ethienQanaheim. nett (04/30/07) Page 6 6a. CEQA NEGATIVE DECLARATION 6b. WAIVER OF CODE REQUIREMENT 6c. CONDITIONAL USE PERMIT NO 2006-05174 Owner: Bill Mcfarland, 1515 South Manchester LLC, 18800 Von Karman, Suite 100, Irvine, CA 92612 Agent: Phillip Schwartze, 31682 EI Camino Real, San Juan Capistrano, CA 92675 Location: 1477 South Manchester Avenue• Property is approximately 2.1 acres, having a frontage of 360 feet on the southwest side of Manchester Avenue and is located 845 feet north of the centerline of Alro Way. Request to establish a nursing school within an existing legal non- conforming office building in the Anaheim Resort with waiver of minimum number of parking spaces. Conditional Use Permit Resolution No. 7a. 7b. Owner: Scalzo Family Partnership, 1570 South Harbor Boulevard, Anaheim, CA 92802 Agent: Michael Reazzudin, 1570 South Harbor Boulevard, Anaheim, CA 92802 Location: 1570 South Harbor Boulevard• Property is approximately 1.7 acres, having a frontage of 85 feet on the east side of Harbor Boulevard and is located 704 north of the centerline of Disney Way .Request waivers of interior setback requirements to construct an ice cream parlor within an existing hotel. Variance Resolution No. H:\docs\cl eri cal\agen d as\(04/30/2007). doc Project Planner: (ethienQanaheim.oet) Pmject Planner: (skoehm~anaheim.net) (04/30/07) Page 7 Sa. CEQA MITIGATED NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) fREADVERTISED) 8b. WAIVER OF CODE REQUIREMENT Sc. CONDITIONAL USE PERMIT NO 2003-04800 (TRACKING NO. CUP2007-05199) Owner: Elias Properties Inc., 5395 East La Palma Avenue, Anaheim, CA 92807 Agent: Hossein Zandi, Caliber Motors, 5395 East La Palma Avenue, Anaheim, CA 92807 Location: 200 North Via Cortez• Property is approximately 5.7 acres and is located at the northeast terminus of Via Cortez and south of the SR-91 (Riverside Freeway), with a frontage of 161 feet on the northeast terminus of Via Cortez and is located 837 feet north of the centerline of Santa Ana Canyon Road. Request to amend plans and conditions of approval fora previously- approved automotive sales dealership to permit additional signs, modify the elevations and construct a canopy and outdoor vacuum facility with waivers of (a) minimum landscape and structural setback, (b) maximum number of wall signs and (c) maximum number, type and size of signs. Conditional Use Permit Resolution No. 9a. CEQA ENVIRONMENTAL IMPACT REPORT NO 313 (PREVIOUSLY-CERTIFIED ) 9b. WAIVER OF CODE REQUIREMENT 9c. CONDITIONAL USE PERMIT NO 2007-05196 Owner: Steiner Corporation, 505 East South Temple, Salt Lake City, UT 84102-1004 Agent: Geoff Bonney, Bonney Architects, 300 .East State Street Suite #620, .Redlands, CA 92373 Location: 1740 South Zevn Street 1755 and 1763 South Anaheim Boulevard: Property is approximately 2.1 acres, having a frontage of 326 feet on the east side of Zeyn Street and is located 250 feet north of the centerline of Katella Avenue. Request to expand a legal non-conforming commercial laundry facility with waivers of (a) minimum landscape and structural setback adjacent to Zeyn Street and Anaheim Boulevard, (b) maximum permitted fence height, (c) minimum distance between driveways serving adjacent parcels, and (d) minimum number of required parking spaces. Conditional Use Permit Resolution No. H:\do cs\clerical\agen das\(04130/2007). doc Project Planner. (skoehmQanaheim.oet) Pmject Planner. (kwong2Qanaheim.oet) (04/30/07) Page 8 Adjourn To Monday, May 14, 2007 at 1:00 P.M. for Preliminary Plan Review. H:ldocslclerical\agendas\(04/30/2007).doc (04/30/07) Page 9 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 10:00 a.m. April 26. 2007 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND U CIL 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 Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM PLANNING COMMISSION In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (714) 765-5139. Notification no later than 10:00 a;m. on the Friday before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Recorded decision information is available 24 hours a day by calling the Planning Department's Automated Tele hone S stem at 714-765-5139. H:ldocslclericallagendas\(04/30/2007).doc (04/30/p7) Page 10 H:ldocslclericallagendasl(04/30/2007).doc (04/30107) Page 11 SCHEDULE 2007 Item No. 1A SP 92-1 DISNEYLAND RESORT RCL 66-67-61 (108) RCL 66E7-61 (14) Cl1P 3121 5 CUP 9fiB VAR 1424 VAR 393 ^ ~ Q m J 7 03 m Q 2 MANCHESTER AVENUE n r 0 Y U_ e e \e®e® A 1; ~o N Final Site Plan No. 2007-p0003 Requested By: NORTHWEST HOTEL CORP. 1380 South Harbor Boulevard -Howard Johnson Hotel Subject Property Date: April 30, 2007 Scale: 1" = 200' Q.S. No. 86 10265 WINSTON RD City of Anaheim I~LANNIIVG EI~AItTEIV'T Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of April 30, 2007. REPORTS AND RECOMMENDATIONS: www.anaeeim.nel A. (a) CEQA ENVIROMENTAL IMPACT REPORT NO 313 (PREVIOUSLY-CERTIFIED) (b) FINAL SITE PLAN NO. 2007-00003 Agent: David C. Seager, 1380 Soulh Harbor Boulevard, Anaheim, CA 92802 Location: 1380 South Harbor Boulevard: Requests approval of a Final Site Plan for the construction of a new pirate themed pool in place of an existing pool. ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission has reviewed the proposal for a Final Site Plan for the construction of a new pirate themed pool in place of an existing pool and does hereby determine that the previously-certified EIR No. 313 and Mitigation Monitoring Plan No. 76 are adequate to serve as the required environmental documentation for this request. Commissioner XXX offered a motion, seconded by Commissioner )OOC and MOTION CARRIED, that the Anaheim Planning Commission does hereby approve the Final Site Plan (identified as Exhibit Nos. 1 through 3 on file in the Planning Department) based upon the finding that the Final Site Plan No. 2007-00003 is in conformance with the Anaheim Resort Specific Plan No. 92-2. FSP2007-00003_Excerpt 200 South Anaheim Boulevard P:0. 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SgN pAG 20B0.WW2 R4~1.O - TA _ t. -` STAONMLOFi6 R0.88a7H ~ " - 11 R pp W Yc11PL1~WN7aR °LII`7W11 B~UIFULBI ROLTW~~IZ9 r-0Gl] RCL 8480.15 CVPdf41 [UP3as] A6T ^ CWI}f - RCL 655]8] LUPab6 ~ CUP 2488 ~ GIPfiw NP]W TPM H0.Wd65 yyy 1,~• UE RLL 86fi7-1d KATELLA AVENUE JEN ~`SE~ P n °' " 5 N AREA-B ~ ,,,, ,,,, ALLPAOPERTIEGAREINTHEP(ATINGMTR/ANGLE. n , Conditional Use Permit No. 103, 3957 and 4153 TRACKING NO. CUP2007-05194 Subject Property Date: April 30, 2007 Requested By: DAYARAMBHAI BHAKTA (Area A) Scale: Graphic RASILABEN BHAKTA CAMPBELL HOLDINGS (Area B) Q.S. No. 98 C!O MARTIN CAMPBELL HPTIHG-2 (Area C) C/O HOSPITALITY PROPERTIES TRUST 500 South Beac h Blvd., 1730 South State College Blvd., 1855 South Manchester Blvd., and 1915 South Manchester Bivd. 10259 a Conditional Use Permit No. 1b3, 3957'artd 4153 TRACKING N0.CUP2007-05194. Requested By: DAYARAMBHAI aHAKTA (Area A) RASILABEN BHAKTA CAMPBELL HOLDINGS (Area B) C/O MARTIN CAMPBELL HPTIHG-2 (Area C) CIO HOSPITALITY PROPERTIES TRUST 500 Soulh Beach Blvd., 1730 South State College Blvd., 1855 South Manchester Blvd., and 1915 Sdulh Manchester Bivd. Subject Property Date: April 30, 2007 Scale: Graphic Q.S. No. 98 19259 Item No. 2 ~, ROPO A GANYON AN TA SPN Sp 6o-1 ~pT1ON 6P 90.1 THE FE6TIVAL y' T{6P ZOW-00001 °. tM5iEP NO. FSP 2664-00001 I- VAGNLMOTEL 2 N~ T WQ VACANL g SP 961 w mPo-l RCL 77-]R-64(2) 9P 90.1 ~ ~ r ' T-CUP 2902-04526 RCL]fid9-06 v 1 0° ~µ 0 M g619 k` ~ C1JP 3929 EIR195 ' T O IR3@6xcElxx S~J CUP 3556. GPA 142 & ~ WP3542.. (CUP 41525) OPEN SPACE ~ p CUP 3333 (CUP 3551) \ T-VAR 2091-OC4T] - , ~ THE FESTIVAL ~ ,Q VAR 2091-044515 VAR 43A § Pi / ~~ / EEpRp195p1 ~ \/ 4 C UP 41525) ( f f C ML S F~ / ANAHEIM STIVAL L SP 90.1 CUP 4030 SHOPPING CENTER VAR 2001-04451 5 SENIOR CITIZENS APARTMENTS Name: Anaheim Hills Residence Inn AddreSS: 125 SOUth FestlVal Drive ALLPROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY 20NE: sqN Z9m-m64] \ ~\ 'v' VACANT cry ~ \ ` qLL 6Mi9111P6I SP Bbl RCLfeB]d1f321 RCL 668]-61(00) IICL50~5T6 SP@d 6P 9b2 ' COP 2004 TLVP2002~W604' COP 284 VAR2Wi-6180 1 FIPESLATIW FIPE LIAnW qR 66b iA1 (!6) LT1P 2664 CUP 16)9 VAR2W2-015U • NOa ttIP T35 COP ]35 VAR3W?W508 vAR 3342 CANIHEwoo06VIiES t pj1 ~ F ftEO ROOFINN ` 9 Z ANAHEIM RE610 NLE INN • j ? W 9 ` ` • 9 N 61]ELLIIE R l v9 PO P~bdt'-31 P aee r ellul Z geL6~sa ~ 1601 T ; ~ ~" ~ ~.A ~~ r w icP me gCL545i 1 ' CC 9 m N F SP B}t U ti J 400] ,Y qPL Z SPnm@AWII W IP@I gLL6GSTA111081 : 609}1 80.56-5iJ1 P y ro }I 0 O -9 m ~. ~• ~ .RCL 646Id11106) Sid PCL®bi61 bBB1 , L 'S O 6P 021 W 1 fl0.5& t sATELLIIE E%IENOEO STAY {- fip@a PE.~PIX 5viE8 ~ ` ~ ~~ Mmd PLL 8N 11081 - Sasltl U P AMERICA W gLLf6d]-0I~BBI Ijf 6082.2 ~ f ~p W. n¢'.e<r RCL 86-6161(106) O i R T~LVPmN-04841 B SP PSI m ~ WPm@-05188 ~ LVP IRR 'P~,C6O n C i LVPIPL 6R @dwll qq SHfi)I PLL 684} nIB41 : y W FI LYIP 10® ~2(44 ~ CVP266 Im 1RCL 50.5]821 IALIlIR fW 86VRF9 6P 93-1 m NdEnCW Z AMEIllW1 LUP 41 O~ ~ Y ~ MGaM. RCL fifi6T61I100) Y V16.,jp AY& VISH 6VPRY G2• v. R0.fdeiil (Imi VAR 616 I y SP @ I RCl66L]-31 2 u L `~. O v fl0.3did - S y ~ Pab ~i;yel n r IBBI. ~y j ( 5 T-VAR 2008-06]14 PP1 5 t VAR 200504642 ~ F P S 1 •• T ie i Z i TGP. n t (RCL5a5TA21.. ~ s q j. 300• FTXtj~~ t^,p P e °° R R 'E (CUP 2x51 ~ -0 Ion 9 6Pxm@awi AP BmP ~iul mab PYYm6n 1 ~j5) IN$d`a.. ICUP 53j) Iv ) ~'~ VA(.-ANT ~ Nno cu"vamo~.sovn - eP@a vmr - n2aais mBl 6P 62-2 tt m t ~ p0. p9ei611~41 SP @-2 RCL]}]4d Vu.un ~i~~ FLN(Y JPltE6 ~ n N w e5e LYIP 1610 An av ¢ SMALL SHOPS ~ vutmeB gESTAIIRANT BRP/E-THgll s ~ IcAreLLA AveNUe ~ Name: Candlew obd Suite . Address: 1733 So uth Anaheim Blvd =- ALL PROPERTIES ARE IN THE ANAHEIM RESORTTB". Aws Variance No. 4377 and 2002-04506 Subject Property TRACKING NO. VAR2007-04720 .Date: April 30, 2007 Scale: Graphic Requested By: CITY-INITIATED Q.S. No. 207 and 97 125 South Festival Drive and 1733 South Anaheim Boulevard 1o2sa Staff Report tc the Planning Commission April 30, 2007 Item No. 2 2a. ' CEQA CATEGORICAL EXEMPTION -CLASS 1 (Motion). 2b. CONDITIONAL USE PERMIT NOS. 103 3957 AND`4153 (Resolutions) 2c. VARIANCE NOS. 4377 AND 2002-04506: (Resolutions) (Tracking No.' C UP2007-05194) r (Tracking No; VAR2007-04720) j SITE LOCATION ANDbESCRIPTION• (1) Five properties are included in this request: Calico Motel, 500 Scuth Beach Boulevard; Marriott Town Place Suites, 1730 South State College Boulevard; Staybridge Suites and Holidaylnh; 1855 and 1915 South Manchester Avenue; Anaheim Hills Residence Inn, 125 South Festival Drive; and, Candlewood Suites; 1733 South Ahaheim Boulevard: REQUEST:' (2) This`is aCity-initiated request to amend previously-approved Conditional Use Permit Nos. 103; 3957 and 4153 and Variance Nos: 4377'and 2002-04506 to delete conditidns of approval'pertaining to limitationsdn the permitted lengthbfguest occupancy for the Calico Motel, Marriott Town Place Suites; Stayb~idge Suites and Holiday Inn, Anaheim Hills Residence lnn'and Candlewobd Suites properties. BACKGROUND: (3) On March 25, 2003, the City Council adopted Council Policy No. 550 per Resolution No: 2003R-61 which states: "It is the policy of the City Council that nd zoning entitlement for any hotel nor motel shall be approved, and ho existing zoning entitlement for any hote(br motel shallbe amended{in any manner which would require the owner oroperatorof such hotel or motel to limit the length of occupancy of any guest thereinto anyspecific peridd of time." (4)` At the Council meeting of January 30, 2007, a request to amend the Pacificehter Specific Plan was approved to eliminate a condition that restricts occupancy of hotef7ooms td 30 days or less. The amendment was. broughEforward to reconcile a difference with Council Policy No. 550:' During the hearing; members of the Council inquired as td whether there are any other zoning provisions or conditions of approval that are inconsistenfwith Council Policy No. 550.` Staff reviewed the zoning' code and all hotel entitlement cases and discovered three Conditional Use Permit5and two Variances which contain conditions limiting the length of flotel`stay to thirty days. j DISCUSSION: (5) The conditional use permits and respective time limitations are as follows: (a) Conditional Use Permit No. 103 approving the 18-unit Calico Motel includes the following condition in Resolution No. PC95-1321 z "8. r That guest rooms shall not tie rented or let for periods of Tess than twenty- four (24) consecutive hours; nor more than thirty.{30) consecutive days; excluding one (1) manager's unit." Page 1 Staff Report to the Planning Commission April 30, 2007 Item No. 2 (b) Conditional Use Permit No. 3957 permitting the 140-room Marriott Towne Place Suites hotel includes the following condition in Resolution No. PC97-121: "37. That guest rooms shall not tie rented or let for periods of less than twenty- four (24) consecutive hours; not more than thirty (30) consecutive days, excluding one (1) manager's unit" (c) Conditional Use Permit No. 4153 permitting the 143-room Staybridge Suites extended stay hotel and the 264-room Holiday Inn includes the fallowing conditions in Resolution No. PC99-226: "8. That guest rooms shall not. be rented or let for periods of less than twenty- four (24) consecutive hours; nor more than thirty (30) consecutive days, excluding one (1) manager's unit:' "16. That on-going during operation of the hotels, the hotel shall operate in conformance with the Letters of Operation dated December 13, 1999 and July 31; 1999; submitted by the petitioner; which letters areprovided as AttachmentA tb the December 20; 1999 staff7eport to the Planning Commission and'are incorporated fierein by reference as if set forth in their entirety: Violation or operation contrary to said letters pf operation shall subject this Conditional Use Permit to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code Attachment A to the December 20, 1999 staff report (Letter of Operation) states that "TNe'guests at the Staytiridge Suiteswill be required to oheck out'of the hotel upon 30 days of theiEstay; which is longer than our typical guestwho stays 5-10 days:' (6) The variances and respective time limitations are as follows: (a) Variance No. 4377 permits a 4-story, 128-room Anaheim Hills Residence Ins <subject to the following contlition in Resolution No: PC99-193: "24: That guest rooms shall not be rented or let for. periods of less than twenty- four{24) consecutive hours'not more than thirty(30) consecutive days, excluding one (1) manager's unit:' (b) Variance No: 2002-04506 permits a 150-room Candlewood Suites hotel subject to the following condition in Resolution No. PC2002-98: "8. That guest rooms shall not be rented or let for periods of less than twenty- fouC(24) consecutive hours, nor mope than thirty (30) consecutive days, excluding one (1) manager's unit:' (7) Staff recommends that the above-mentioned time limitations be deleted to reconcile differences between the Conditional Use PermitslVariances and Council Policy No. 550, Staff further recommends thaf Condition No: 16 of Conditional Use Permit No. 4153 be Page 2 Staff Report to the Planning Commission April 30, 2007 Item No. 2 amended to clarify that this condition does not require hotel guests to check out df tFiehotel after 30 days of stay. ENVIRONMENTAL IMPACTANALYSIS• (t3) Staff has determined that the proposed project falls is categorically exempt from the requirement to prepare further environmental documentation. FINDINGS: (g) Before the Planning Commission grants any major modification to'a conditional use permit, they must make a finding of fact that the evidence presented shows thatall of the following conditions exist: (a) That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code, or 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 or the growth and developmenfof the area in which it is proposed to be located; (c) - That the size and shape of the site proposed for the use is'adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to health and safety; (d) That the traffic generated by the proposed use wilt not impose an undue burden upon the streets and highways designed and improved td carry the traffic in the area; and (e) That the granting bf the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety and general welfare of the citizehs of the City of Anaheim. (10) Belpre the Planning Commission grants an amendment to a variance, they must make a fintling of fact that the evidence presented shows that the amendment is consistent with each and every required. finding for the original approvatof the variance or that the evidence shows thatall of the following conditions exist: (a) That there are special circumstances applicable to the property such as size, shape, topography, locatiort or surroundings, which do not apply to other identically zoned properties in the vicinity; and` (b) That strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity: Page 3 Staff Report to the Planning Commission. April 30, 2007 Item No. 2 RECOMMENDATION: (11) Staff recommends that the Planning Commission take the following actions as indicated in the attached resolutions including the findings and'conditiohs conta(ned therein: (ap By motion, a rove a CEQA Categorical Exemption -Class 1 (Existing Facilities). for the project (b) By resolutiohs, ao rdve amendments to Conditional Use Permit Nos. 103; 3957 and 4153 (Tracking No. CUP2007-05194) and Variance Nos: 4377 and 2002-04506 (Tracking No: VAR2007-04720) Page 4 [DRAFT) RESOLUTION NO. PC2007--"' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF AppROVAL IN CONDITIONAL USE PERMIT NO. 103 AND AMENDING RESOLUTION NO. PC95-132, (500 SOUTH BEACH BOULEVARD) WHEREAS, the Anaheim Planning Commission did receive aCity-initiated petition to amend of guest occupancy fort ertain0 propertytsituated inl the C ty of AnahertminCoun~y ofltOtrange, State of Caifornea9th described as: THE NORTH 66.00 FEET OF THE SOUTH 462.00 FEET OF THE WEST 330.00 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, CITY OF ANEHIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51 PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, on March 6, 1961, the Anaheim Planning Commission, by Resolution No. 192, Series 1960-61 approved Conditional Use Permit No.103 to permit a 18-unit motel and whereas on October 16, 1995 the Planning Commission by Resolution No. PC95-132 modified the original conditions of approval; and WHEREAS, said Resolution No. PC95-132 includes the following condition of approval: 8. That guest rooms shall not be rented or let for periods of less than twenty-four (24} , consecutive hours, nor more than thirty (30) consecutive days, excluding one (1) manager's unit. WHEREAS, this property is currently developed with an 18 unit motel, is zoned C-G (General Commercial) and, the Anaheim General Plan designates this property for General Commercial land uses; and WHEREAS, on March 25, 2003, the City Council adopted Council Policy No. 550 per Resolution No. 2003R-61 which states: "It is the policy of the City Council. that no zoning entitlement for any hotel nor motel shall be approved, and no existing zoning entitlement for any hotel or motel shall be amended, in any manner which would require the owner or operator of such hotel or motel to limit the length of occupancy of an therein to any specific period of time; and Y guest 550; and WHEREAS, Condition Np. 8 of Resolution No. PC95-132 is not consistent with Council Policy No. WHEREAS, the City initiated a request to amend Conditional Use Permit No. 103, Resolution No. PC95-132 to delete a condition of approval pursuant to Code Section 18.60 of the Anaheim Municipal Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 30, 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 amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1 • That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18:08.030.040.0402. CR1PC2007-0 -1- PC2007- 2. That the deletion of Condition No. 8 will not adversely affect the adjoining land uses and the growth and development of the area in which it is located. 3. That the deletion of Condition No. 8 will not impact the full development of the use in a manner...... detrimental to the particular area nor to the peace, health, safety and general welfare. 4. That the deletion of Condition No. 8 will not affect traffic generated by the use and will "not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That the deletion of Condition No. 8 will not be detrimental to the health and safety of the citizens of the City of Anaheim. 6. That the deletion of Condition No. 8 would reconcile an inconsistency with Council Policy No. 550:. 7. That "' indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Planning staff has determined 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 City Planning Commission for the reasons hereinabove stated does hereby approve the modification to Conditional Use Permit No. 103 to delete a condition of approval pertaining to length of guest occupancy. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby amend Resolution No. PC95-132, adopted in connection with Conditional Use Permit No. 103, to delete Condition No. 8 and, except as expressly amended herein, Resolution No.PC95-132 shall remain in full force. and effect. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 30, 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 -2- 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 April 30, 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 -3- PC2007- [D12AFTJ RESOLUTION NO. PC2007--`** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT NO. 3957 AND AMENDING RESOLUTION NO. PC97-121, (1730 SOUTH STATE COLLEGE BOULEVARD) WHEREAS, the Anaheim Planning Commission did receive aCity-initiated petition to amend Conditional Use Permit No. 3957 to delete a condition of approval pertaining to limitations on the permitted length of guest occupancy for certain property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL t THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 24 TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, COUNTY OF ORANGE. STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS., IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTHERLY OF THE SOUTHERLY LINE OF, THE LAND DESCRIBED IN THE DEED TO THE SANTA FE RAILROAD COMPANY (FORMERLY THE CALIFORNIA CENTRAL RAILWAY COMPANY) RECORDED MAY 4, 1962 IN BOOK 6098, PAGE 393 OF OFFICIAL RECORD. PARCEL 2: THAT PORTION OF LOT 5 IN TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10; PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHERLY OF THE CENTERLINE OF KATELLA AVENUE, AS DESCRIBED IN THE DECREE OF CONDEMNATION. RECORDED JULY 8, 1960 IN BOOK 5321, PAGE 397 OF OFFICIAL RECORDS. EXCEPT THAT PORTION OF SAID LAND LYING EASTERLY OF THE EAST LINE OF THE LAND DESCRIBED IN DEED TO MAURICE E. BIVENS, ET UX., RECORDED JUNE 17, 1927 IN BOOK 62, PAGE 45 OF OFFICIAL RECORDS. SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A MAP FILED IN BOOK 51, PAGE 38 OF RECORDS OF SURVEYS, tN THE OFFICE OF THE COUNTY RECORDER. WHEREAS, on September 3, 1997, the Anaheim Planning Commission, by Resolution No. PC97- 121 approved Conditional Use Permit No.3957 to construct an 8-lot, planned "mixed-use" commercial center, including a 140-room Town Place Suites hotel, adrive-through fast food restaurant, up to five semi-enclosed. restaurants with sales of alcoholic beverages for on-premises consumption, retail office and bank uses, a fitness center and up to five monument sign with waiver of minimum landscape setbacks, minimum parking lot landscaping, maximum signage area, minimum number of parking spaces and maximum structural setbacks adjacent to interior site boundaries at 1730 South State College; and. WHEREAS, said Resolution No. PC97-121 includes the following condition of approval: 37> That guest rooms shalt not be rented or let for periods of less than twenty-four (24) consecutive hours, nor more than thirty (30) consecutive days, excluding one (1) manager's unit. WHEREAS, this property is currently developed with a mixed use commercial center, including a 140-room hotel, adrive-through fast food restaurant, restaurants with sales of alcoholic beverages for on- premises consumption, retail, office and bank uses, a fitness center is zoned O-L (Office Low) and the Anaheim General Plan designates this property for Mixed Use land uses; and C R\PC2007-0 _1 _ PC2007- WHEREAS, on March 25, 2003, the Cily Council adopted Council Policy No. 550 per Resolution No. 2003R-61 which states: "It is the policy of the City Council that no zoning entitlement for any hotel nor motel shall be approved, and no existing zoning entitlement for any hotel or motel shall be amended, in any manner which would require the owner or operator of such hotel or motel to limit the length of occupancy of any guest therein to any specific period of time; and WHEREAS, Condition No. 37 of Resolution No. PC97-121 is not consistent with Council Policy 550; and ~~ WHEREAS, the City initiated a request to amend Conditional Use Permit No. 3957 Resolution No. PC97-121 to delete a condition of approval pursuant to Code Section 18.60 of the Anaheim Municipal Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 30, 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 amendment 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 existing use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No.18.08.030.040.0402. 2. That the deletion of Condition No. 37 will not adversely affect the adjoining land uses and the growth and development of the area in which it is located. 3. That the deletion of Condition No. 37 will not impact the full development of the use in a manner detrimental to the particular area nor to the peace, health, safety and general welfare.... 4, That the deletion of Condition No. 37 will not affect traffic generated by the use and will not impose an undue burden' upon the streets and highways designed and improved to carry the traffic in the area. 5. That the deletion of Condition No. 37 will not be detrimental to the health and safety of the citizens of the City of Anaheim. 6. That the deletion of Condition No. 37 would reconcile an inconsistency with Council Policy No. 550. 7. That *** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Planning staff has determined 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 City Planning Commission for the reasons hereinabove stated does hereby approve the modification to Conditional Use Permit No. 3957 to delete a condition of approval pertaining to length of guest occupancy. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does amend Resolution No. PC97-121, adopted in connection with Conditional Use Permit No. 3957, to delete Condition No. 37 and, except as expressly amended herein, Resolution No.PC97-121 shall remain in full force and effect. _2_ PC2007- THE FOREGOING RESOLUTION was .adopted at the Planning Commission meeting of April 30, 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 April 30, 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 -3- PC2007- ~®ta~,Fr~ RESOLUTION NO. PC2007--*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION OF THE CITY OF ANAHEIM.. APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT NO. 4153 AND AMENDING RESOLUTION NO. PC99-226, (1855 AND 1915 SOUTH MANCHESTER AVENUE) WHEREAS, the Anaheim Planning Commission did receive aCity-initiated petition to amend Conditional Use Permit No. 4153 to delete limitations on the permitted length of guest occupancy for certain property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL A: THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 4 SOUTHI RANGE 10 WEST1 IN THE RANCHO SAN JUAN CAJON DE SANTA AN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH: PARCEL I IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH ON A MAP RECORDED IN BOOK 56, PAGE 11 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: PARCEL 1 AS SHOWN AND DESCRIBED BY LOT LINE ADJUSTMENT PLAT NO. 261, RECORDED OCTOBER11, 1991 AS INSTRUMENT NO. 91-556204 OF OFFICIAL RECORDS. EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED FEBRUARY 9, 1998 AS INSTRUMENT NO: 19980071396 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. PARCEL B: PARCELS 2 AND 3 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE. STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 56, PAGE 11 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.. PARCEL C: THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10, MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHWESTERLY LINE OF THE LAND CONVEYEDTO THE STATE OF CALIFORNIA, BY INSTRUMENT N0.25258, FILED APRIL 9, 1952 IN THE OFFICE OF THE REGISTRAR OF TITLES OF SAID ORANGE COUNTY, DISTANT THEREON NORTH 40° 09' 15"WEST ALONG SAID SOUTHWESTERLYLINE, 120.00 FEET; THENCE SOUTH 49° 09' 45"WEST 457.95 FEET TO THE SOUTHERLY LINE OF THE NORTHEAST QUARTER OF SAID NORTHWEST QUARTER; THENCE NORTH 89° 51' 25" EAST ALONG SAID SOUTHERLY LINE, 184.04 FEET TO A POINT IN A LINE WHICH BEARS SOUTH 49° 09' 45" WEST FROM THE POINT OF BEGINNING; THENCE NORTH 49° 09' 45" EAST 318.29 FEET TO THE POINT OF BEGINNING. CR\PC2007-0 -1- PC2007- WHEREAS, on December 20, 1999, the Anaheim Planning Commission, by Resolution No. PC99-226 approved Conditional Use Permit No. 4153 to permit a 264-room full-service hotel and 143-room extended stay hotel with waiver of minimum structural setback, minimum interior structural setback and minimum number of parking spaces at 1655 and 1915 South Manchester Avenue; and WHEREAS, said Resolution No. PC99-226 includes the following conditions of approval 8. That guest rooms shall not be rented or let for periods of less than twenty-four (24) consecutive hours, nor more than thirty (30) consecutive days, excluding one (1) manager's unit: 16. That on-going during operation of the hotels, the hotel shall operate in conformance with the Letters of Operation dated December 13, 1999 and July 31, 1999, submitted by the petitioner, which letters are provided as Attachment A to the December 20, 1999 staff report to the Planning Commission and are incorporated herein by reference as if set fort in their entirety. Violation or operation contrary to said letters of operation shall subject this Conditional Use Permit to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code. WHEREAS, Condition No. 16 of Resolution No. PC99-226 references a Letter of Operation which letter states that guests will be required to check out of the hotel upon 30 days of their stay; and WHEREAS, this property is currently developed with two hotels, is zoned SP92-2 (Anaheim Resort Specific Plan No. 92-2) and the Anaheim General Plan designates this property for Commercial Recreation land uses; and WHEREAS; on March 25, 2003, the City Council adopted Council Policy Nd. 550 per Resolution No. 2003R-61 which states: "It is the policy of the City Council that no zoning entitlement for any hotel nor motel shall be approved, and no existing zoning entitlement for any hotel or motel shall be amended, in any manner which would require the owner or operator of such hotel or motel to limit the length of occupancy of any guest therein to any specific period of time; and WHEREAS, Condition Nos. 8 and 16 of Resolution No. PC99-226 are not consistent with Council Policy No. 550; and WHEREAS, the City initiated a request to amend Conditional Use Permit No. 4153 Resolution No. PC99-226 tc delete condition limitations on permitted length of guest occupancy pursuant to 18.60 of the Anaheim Municipal Code; and WHEREAS, the City-initiated request would delete Condition No. 8 and modify Condition No. 16 to clarify that the hotel time limitation requirements has been deleted as follows:. 16. That on-going during operation of the hotels, the hotel shall operate in conformance with the Letters of Operation dated December 13, 1999 and July 31, 1999 submitted by the petitioner with the exception that guests at the hotels shall not be required to check out of the hotels upon 30 days of their stay, which letters were provided as Attachment A to the December 20, 1999 Staff report to the Planning Commission and are incorporated herein by reference as if set fort in their entirety. Violation or operation contrary to said letters of operation shall subject this Conditional use Permit to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.097 of the Anaheim Municipal Code WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 30, 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 amendment and to investigate and make findings and recommendations in connection therewith; and _2_ PC2007- 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 existing use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No.18.116.070.050.0514. 2: That the deletion of Condition No. 8 and modification of Condition No. 16 will not adversely affect the adjoining land uses and the growth and development of the area in which it is located. 3. That the deletion of Condition No. 8 and modification of Condition No. 16 will not impact the full development of the use in a manner detrimental to the particular area nor to the peace., health; safety and general welfare. 4. That the deletion of Condition No. 8 and modification of Condition No. 16 will not affect traffic generated by the use and will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That the deletion of Condition No. 8 and modification of Condition No. 16 will not be detrimental to the health and safety of the citizens of the City of Anaheim. 6. That the deletion of Condition No. 8 and modification of Condition No. 16 would reconcile an inconsistency with Council Policy No. 550. 7. That "' indicated their presence at the public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Planning staff has determined 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 City Planning Commission for the reasons hereinabove stated does hereby approve the modification to Conditional Use Permit No. 4153 to delete a condition of approval and modify another condition of approval pertaining to length of guest occupancy. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does amend Resolution No. PC99-226 adopted in connection with Conditional Use Permit No. 4153, to delete Condition No. 8 and modify Condition No. 16, and, except as expressly amended herein, Resolution No. PC99-226 shall remain in full force and effect. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 30, 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 -3- 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 April 30, 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 _q_ PC2007- [DRAFT] RESOLUTION NO PC2007--"' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN VARIANCE NO. 4377 AND AMENDING RESOLUTION NO. PC99-193 (125 SOUTH FESTIVAL DRIVE) WHEREAS, the Anaheim Planning Commission did receive aCity-initiated petition for an amendment to Variance No. 4377 to delete a condition of approval pertaining to limitations on the permitted length of guest occupancy for certain property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 25 AS SHOWN ON THE MAP ATTACHED TO LOT LINE ADJUSTMENT NO. 295 RECORDED MAY 11, 1993 AS INSTRUMENT NO. 93-0315924 OF OFFICAL RECORDS OF ORANGE COUNTY, CALIFORNIA. WHEREAS, on November 8, 1999, the Anaheim Planning Commission, by Resolution No. PC99- 193 approved Variance No. 4377 to construct a 4-story, 128-room hotel with waiver of minimum number of parking spaces and maximum building height; and WHEREAS; said Resolution No. PC99-193 includes the following condition of approval: 24. That guest rooms shall not be rented or let for periods of less than twenty-four (24) consecutive hours, nor more than thirty (30) consecutive days, excluding one (1) manager's unit. WHEREAS, this property is currently develdped with a 128-room hotel, the uhde~lying zoning is ' SP90-1 (The Festival Specific Plan No. 90-1) and the Anaheim General Plan designates this property for Regional Commercial land uses; and WHEREAS, on March 25, 2003, the City Council adopted Council Policy No. 550 per Resolution No. 2003R-61 which states: "It is the policy of the City Council that no zoning entitlement for any hotel nor mdtel shall be approved, and no existing zoning entitlement for any hotel or motel shall be amended, in any manner which would require the owner or operator of such hotel or motel to limit the length of occupancy of any guest therein to any specific period of time; and WHEREAS, Condition No. 24 of Resolution No. PC99-193 is not consistent with Council Policy No. 550; and WHEREAS, the Planning Commission did hold a public hearing at the Civid Cehter in the City of Anaheim on April 30, 2007 at 2:30 p.m., notice of said public hearing having been duly given as required bylaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed amendment 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 facts necessary to support each and every required showing for the original approval of the variance as set forth in Resolution No. PC99-193 exist. 2. That the deletion of Condition No. 24 of Resolution No. PC99-193 would reconcile an inconsistency with Council Policy No. 550. 3. That *" indicated their presence at the public hearing in opposition; and that no correspondence was received in opposition to the subject petition. 1 CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Planning staff has determined 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 City Planning Commission for the reasons hereinabove stated does hereby approve the modification to Variance No. 4377 to delete a condition of approval pertaining to length of guest occupancy. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does amend Resolution No. PC99-193 adopted in connection with Variance No. 4377, to delete Condition No. 24 and except as expressly amended herein, Resolution No. PC99-193 shall remain in full force and effect. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 30, 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 ) 1, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on April 30, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set myhand this day of 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION _2_ PC2007- [DRAFT] RESOLUTION NO. PC2007--"* A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN VARIANCE NO. 2002-04506 AND AMENDING RESOLUTION NO. PC2002-98 (1733 SOUTH ANAHEIM BOULEVARD) WHEREAS, the Anaheim Planning Commission did receive aCity-initiated petition to amend Variance No. 2002-04506 to delete a condition of approval pertaining to limitations on the permitted length of guest occupancies for certain property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL I: THE NORTH 85.00 FEET OF THE EAST 240.00 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, .STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.. PARCEL 2: THE SOUTH 15.00 FEET OF THE EAST 240.00 FEET OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22. TOWNSHIP 4 SOUTH, RANGE 10 WEST. IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM; AS- PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, on June 17, 2002, the Anaheim Planning Commission, by Resolution No: PC2002-98 approved Variance No. 2002-04506 to construct a 150-room, six-story hotel with waiver of required improvement of setback areas, fence and wall requirements in interior lot line setback areas, minimum number of parking spaces and permitted number of wall signs; and WHEREAS, said Resolution No. PC2002-98 includes the following condition of approval: 8. That guest rooms shall not be rented or let for periods of less than twenty-four (24) consecutive hours, nor more than thirty (30) consecutive days, excluding one (1) manager's unit. WHEREAS, this property is currently developed with a 150-room hotel, the underlying zoning is SP93-1 (Hotel Circle Specific Plan No. 93-1) and the Anaheim General Plan designates this property for Commercial Recreation land uses, .and WHEREAS, on March 25, 2003, the City Council adopted Council Policy No. 550 per Resolution No. 2003R-61 which states: "It is the policy of the City Council that no zoning entitlement for any hotel nor motel shall be approved, and no existing zoning entitlement for any hotel or motel shall be amended, in any manner which would require the owner or operator of such hotel or motel to limit the length of occupancy of any guest therein to any specific period of time; and WHEREAS, Condition No. 8 of Resolution No. PC2002-98 is not consistent with Council Policy No. 550; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on Aprif 30, 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 amendment and to investigate and make findings and recommendations in connection therewith; and -1- 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 facts necessary to support each and every required showing for the original approval of the variance as set forth in Resolution No. PC2002-98 exist. 2. That the deletion of Condition Nc. 8 of Resolution No. PC2002-98 would reconcile an inconsistency with Council Policy No. 550. ' 3. That "' indicated their presence at the public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Planning staff has determined 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 City Planning Commission for the reasons hereinabove stated does hereby approve the modification to Variance No. 2002-04506 to delete a condition of approval pertaining to length of guest occupancy. BE IT FURTHER RESOLVED that the Anaheim Planning Commission doesamend Resolution No. PC2002-98 adopted in connection with Variance No. 2002-04506, to delete Condition No: 8 and, except as expressly amended herein, Resolution No. PC2002-98 shall remain in full force and effect: THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 30, 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 April 30, 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 , 2002 SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION _2_ PC2007- Ifem No. 3 in General Plan Amendment No. 2006-00449 Miscellaneous Permit No. 2007-00187 Zoning Code Amendment No. 2007-00057 Requested By: PLATINUM TRIANGLE PARTNERS, LLC ORANGEWOOD PLATINUM INVESTORS, LLC The Platinum Triangle Subject Property Date: April 30, 2007 Scale: 1" = 200' Q.S. No. 118, 97, 98, 107, 108, 117, 119, 127, 128 tozs~ July 20i General Plan Amendment No: 2006-00449 Miscellaneous Permit No. 2007-00187 Subject Property Zoning Code Amendment No. 2007-00057 Date: April 30, 2007 Scale: 1" = 200' Requested By: PLATINUM TRIANGLE PARTNERS, LLC O.S. No. 118, 97, 98, ORANGEWOOD PLATINUM INVESTORS, LLC 107, 108, 117, 119, 127, 128 The Platinum Triangle 10257 1 Staff Report to the Planning Commission April 30, 2007 Item No. 3 3a PREVIOUSLY-CERTIFIED CEQA SUSEQUENT EIR NO 332 AND SECOND ADDENDUM (Motion) 3b. GENERAL PLAN AMENDMENT NO 2006-00449 (Recommendation Resolution) 3c. AMENDMENT TO THE PLATINUM TRIANGLE MASTER LAND USE PLAN (Recommendation Resolution) (MISCELLANEOUS PERMIT NO 2007-00187) 3d. ZONING CODE AMENDMENT NO 2007-00057 (Motion) SITE LOCATION AND DESCRIPTION• (1) The Platinum Triangle encompasses approximately 820 acres as identified iri the attached map. REQUEST:.. (2) The: applicants request approval of the following applications: General Plan Amendment No 2006-00449 - to amend the Land Use Elemeht of the General Plan to increase the maximum number of dwelling units permitted in The Platinum Triangle from 9,500 tq 9,567*. Amendment to The Platinum Trianole MasterLand Use Plan (Miscellaneous Permit Nb 2007-001871- to Increase the maximum number of dwellingunits in the Gateway District from. 2,075 to 2,142* and the total humberof dwelling uhits in The. Platinum Triangle from 9,500 to 9,567*. Zonino Code Amendment No 2007-00057 - to amend the Platinum Triangle Mixed Use Overlay Zone to increase the maximum number of dwelling units permitted in the Gateway District from 2,075 to 2,142* and the total number of dwelling unitsin The Platinum Triangle from 9,500 to 9,567*. * This request was advertised as an increase of 321 dwelling units in The Platinum Triangle Gateway District. Subsequent to the advertisement of this item, one of the two applicants for this request, Platinum Triangle Partners, LLC (Lennar), reduced the number of requested dwelling units fo 67 dwelling units above the permitted maximum, as described in the above7equest: BACKGROUND: (3) On August 17, 2004, the City Council approved the Platinum Triangle Master Land Use Plan. (PTMLUP) to carry out the goals and policies of the General Plan for The Platinum Triangle. The Plan also serves as a' blueprinffor future development and street improvements. The City Council also adopted the Platinum Triangle Mixed'Use (PTMU) Overlay Zone within Chapter 18.20 bf the Anaheim Municipal Code: The PTMU Overlay Zone encompasses approximately379 acres and divides the area into five Districts:: Katega, Gene Autry, Gateway, Arena and Stadium. Several amendments to the PTMLUP and PTMU Overlay Zone have been approved since 2004 that have resulted in modifications td the boundaries of the mixed use and office areas and increases in development intensity. s rGPA2006-00449tw.doc Page 1 Staff Report to the Planning Commission April 30, 2007 Item No. 3 PROPOSAL: (4) This request is a joint application by Lennar and West Millennium Homes to increase the maximum number of dwelling units permitted in the Gateway District of the PlaBnum Triangle to provide for the developmeht of two residential projects, as follows: (a) Lennar's A-Town Stadium: An 878-unit, phased residential development, including six development areas with up to two high-rise towers, two public parks, :public streets and infrastructure, on approximately 12.48 acres located at 2050 South State College Boulevard and 2025, 2115, and 2125 East Orangewood Avenue. Entitlements for thisproject, including a Master Site Plah and DevelopmenE Agreement are anticipated to be scheduled for Planning Commission consideration. in May, 200T. (b) West Millennium Home's Orangewood Condominiums: A 341-unit residential project on approximately 3.81 acres located aC2211 East Orangewood Avenue. Entitlement requests for this project are on the same Planning Commission agenda as Item No.'4i (5) The properties are cdntiguous parcels generally located at the northeast corner of State College Boulevard and Orangewood Avenue; and southwest of the Angel Stadium of Anaheim parking lot.' The properties are located within the Intlustriaf{pzbhe with the Platinum.Triangle,Mixed Use Overlay.'The General Plan designates these properties for Mixed Use land uses: The properties to the north; east and west are also designated for Mixed Use land uses and the properties to the south are designated for High Intensity n~~e~ Page 2 a Staff Report to the Planning Commission April 30, 2007. Item No. 3 FINDINGS.. (10) Prior to making a recommendation for approval of a General Plan Amendment, the Planning Commission shall make the following findings: (a), The proposed amendment maintains the internal consistency of the General Plan; (b) The proposed amendment would not be detrimental to the public interest, health; safety'conveniehce, or welfare of the City; (c) The proposed amendment would maintain the balance of land uses within the City; and (d)` If the amendmenE is to the General Plan Land Use Map, the subject property is physically suitable to accommodate the proposed modification, including but not limited to access, physical cohstraints; topogr®phy, provision of utilities; and campatibilitgwith surrounding land uses. (11) Prior to approving an amendment to The Platinum Triangle Master Land Use Plan,. Planning Commissioreshall make the following findings: (a) That the proposed amendment is consistent with the goals and policies for the development of The Platinum Triangle as set forth in the City of Anaheim General Plan:. (b) That the proposed amendment is consistent with the goals and policies set forth in The Platinum Triangle,Master Land Use Plan. (c) That the proposed amendment will result in development of desirable character that will be compatible with proposed development ih the surrounding area. (d) That the proposed amendment respects environmental, aesthetic and historic resources consistent with economic realities. RECOMMENDATION: (12) Staff recommends that the Commission take the following actions as indicated in the attached Yesolutions including the findings and conditions contained therein: (a) By motion, recommend to City Council that SEIR No. 332 and its Second Addendum are adequate to serve as the required environmental documentation:. (b) By resolution, recommend to City Council that General Plan Amendment No. 2006- 00449 be approved. (c) By resolution, recommend to City Council that Amendment to The Platinum Triangle Master Land Use Plan (MIS2007-00187) be approved. (d) By motion, recommend to City Council that Zoning Code Amendment No. 2007- 00057 as described in the attached draft ordinahce be approved. Page 4 [DRAFT] RESOLUTION NO. PC2007--*** A RESOLUTION OF THE ANAHEIM :PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT GENERAL PLAN AMENDMENT NO. 2006-00449 PERTAINING TO THE LAND USE ELEMENT OF THE ANAHEIM GENERAL PLAN. , (THE PLATINUM TRIANGLE) WHEREAS, the first Anaheim General Plan was adopted in 1963 and has been subsequently amended over the years as conditions warrant; and that the City Council adopted a comprehensive update to the General Plan on May 25, 2004; and WHEREAS the adopted General Plan envisions an area of the City of Anaheim known as the Platinum Triangle as a thriving economic center that provides residents, visitors and employees with a variety of housing, employment, shopping and entertainment opportunities that are accessed by arterial highways, transit systems and pedestrian promenades (set forth in Goal 15.1 of the Land Use Element); and WHEREAS The Platinum Triangle comprises approximately 820 acres located at the confluence of Interstate 5 and SR-57 Freeways in the City of Anaheim, County of Orange, State of California, generally east of Interstate 5 Freeway, west of the Santa Ana River channel and SR-57 Freeway, south of the Southern Califomia Edison easement, and north of the Anaheim City limit area; and WHEREAS; the City did receive a verified petition for General Plan Amendment Nd. 2006- 00449 requesting an amendment to the Land Use Element of the General Plan to increase the maximum number of dwelling units permitted in The Platinum Triangle from 9,500 to 9,821, which request was subsequently reduced by the applicant in a letter dated April 10, 2007, to a total of 9,567, as further set forth in Exhibit A (Table LU-4: General Plan Density Provisions for Specific Areas of the City), which exhibit is attached hereto and incorporated herein by this reference as if set forth in full; and WHEREAS., the Anaheim Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on April 30, 2007, at 2:30 p.m., notice of said public hearing having been duly given as required bylaw and in accordance with the provisions of the Anaheim 'Municipal Code 18.60, to hear and consider evidence for and against said General Plan Amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due consideration, inspectipn, investigation and study made by itself, and after due consideration of all evidence and reports offered at said hearing, DOES HEREBY FIND: 1. That evidence presented substantiates that the proposed amendment to the Land Use Element of the Anaheim General Plan is necessary, and will further the goals of said Plan by providing residential land uses consistent with the Mixed Use designation and maintaining the internal consistency of the General Plan. 2. That the proposed amendment would be consistent with and assist in the implementation of the goals and policies for The Platinum Triangle pertaining to Mixed Use apprpved by the City Council as part of the comprehensive General Plan Update on May 25, 2004. 3. The proposed amendment would not be detrimental to the public .interest, health, safety, convenience, or welfare of the citizens of the City and would maintain a balance of land uses within the City. 4. That "' indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. Cr\PC2007- -1- PC2007- CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed General Plan Amendment No. 2006-00449 in conjunction with Miscellaneous Case Nos. 2007-00187, and Zoning Code Amendment No. 2007-00057 (collectively, the "Discretionary Actions") and, by its motion, based upon its independent review of all evidence received at the public hearing, including an Initial Study conducted pursuant to CEQA for the Discretionary Actions and a Second Addendum to previously- certified FSEIR No. 332 (the "Second Addendum") prepared for the Discretionary Actions did find, and further recommends that the City Council, as lead agency for the Discretionary Actions, unless additional or contrary information is received during the City Council's public hearing on the Project, determine and find, pursuanfto the provisions of the California Environmental Quality Act ("CEQA"), based upon the City Council's independent review of the Initial Study and Second Addendum and the evidence received at the public hearing, that the previously-certified FSEIR No. 332, together with its Second Addendum and Mitigation Monitoring Program No. 106A, are adequate to serve as the required environmental documentation for the Discretionary Actions and satisfy all of the requirements of CEQA, .and that no further environmental documentation need be prepared for this General Plan Amendment. NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, the Anaheim Planning Commission does hereby recommend that the City Council of the City of Anaheim adopt General Plan Amendment No. 2006-00449, pertaining to the Land Use Element, to increase the maximum number of dwelling units permitted in The Platinum Triangle from 9,500 to 9,567, as further set forth in Exhibit A (Table LU-4: General Plan Density Provisions for Specific Areas of the City). AND 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. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 30, 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. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -2- 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 April 30, 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 -3- PC2007- [DRAFT] RESOLUTION NO. PC2007--"` A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE AN AMENDMENT TO THE PLATINUM TRIANGLE MASTER LAND USE PLAN (MISCELLANEOUS CASE NO. 2007-00187) WHEREAS, The Platinum Triangle comprises approximately 820 acres located at the confluence of the Interstate 5 Freeway and the SR-57 Freeway in the City of Anaheim, County of Orange, State of California, generally east of the Interstate 5 Freeway, west of the Santa Ana River channel and SR-57 Freeway, south of the Southern California Edison easement, and north of the Anaheim City limit area and which area is further depicted in "Figure LU-5: Areas of the City with Special Density Limitations" of the City of Anaheim General Plan and which Figure is incorporated herein as if set forth in full; and WHEREAS, the adopted General Plan envisions The Platinum Triangle as a thriving economic center that provides residents, visitors and employees with a variety of housing, employment, shopping and entertainment opportunities that are accessed by arterial highways, transit systems and pedestrian promenades (set forth in Goal 15.1 of the Land Use Element); and WHEREAS, the originally adopted General Plan establishes a maximum development intensity for The Platinum Triangle for up to 9,175 dwelling units (at an intensity of up tp 100 dwelling units per acre), 5,000,000 square feet of office space, 2;044,300 square feet of commercial uses, industrial development at a maximum floor area ratio of 0.50 and institutional development at a maximum floor area ratio of 3.0; and:. WHEREAS, on August 17, 2004, the City Council of the City of Anaheim adopted The Platinum Triangle Master Land Use Plan by Resolution No. 2004-178 and The Platinum Triangle. Standardized Development Agreement by Resolution No. 2004-179 and on August 24, 2004, the City Council adopted the Platinum Triangle Mixed Use (PTMU) Overlay Zone by Ordinance No. 5935; and WHEREAS, the Platinum Triangle Master Land Use Plan provides for the implementation of the General Plan vision, goals and policies for The Platinum Triangle and serves as a blueprint for future development and street improvements within The Platinum Triangle, including setting forth ; planning principles, development intensities, conceptual street, park and potential new signalized intersection locations and streetscape designs including, but not limited to, landscaping, lighting fixtures and street furniture and identifying the existing Amtrak/Metrolink Station and the conceptual Anaheim Regional Transportation Intermodal Center (ARTIC) location; and. WHEREAS, on February 23, 2005, the Anaheim Planning Commission, by Resolution No. 2005-31 recommended that City Council approve Environmental Impact Report No 328 and , Mitigation Monitoring Program No 126, Amendment No 1 to The Platinum. Triangle Master Land Use Plan (Miscellaneous Case No. 2003 00071), an Amendment to The Platinum Triangle Mixed Use PTMU. Overlay Zone and Conditional Use Permit No 2003-04763 for a multiple family residential development. referred to as the Archstone Gateway Project; and WHEREAS, on April 26, 2005, the City Council approved Amendment No. 1 to the Platinum Triangle Master Land Use Plan by Resolution No. 2005-54 (Miscellaneous Case No. 2003- 00071) establishing boundaries of Sub Areas A and B in the Gateway District and reflecting new Sub Areas in Section 3.6 Gateway District in conjunction with the Archstone Gateway Project; and. WHEREAS, on July 25, 2005., the Anaheim Planning Commission, by Resolution No. PC2005-105 recommended that City Council approve General Plan Amendment No. 2005-00435 to amend the Land Use Element to modify "Table LU-4: General Plan Density Provisions for Specific Areas of the City' to increase the maximum overall commercial density for The Platinum Triangle Mixed-Use designation from 2,044,300 to 2,049,908 square feet representing a total increase of 5,608 square feet, which separate amendment is currently in process in connection with recommendations to the City. Council of approval of Miscellaneous Case No. 2005-00113 to amend The Platinum Triangle Master Land -1- PC2007- Use Plan, Zoning Code Amendment No. 2005-00044, Conditional Use Permit No. 2005-04967, Tentative Tract Map No. 16800 and Development Agreement No. 2005-00004 to permit the development of the D.R. Horton project at 2100 E. Katella Avenue; and WHEREAS, on September 13, 2005, the City Council approved an amendment to the Platinum Triangle Master Land Use Plan by Resolution No. 2005-188 (Miscellaneous Case No. 2005- 00113);and WHEREAS, on August 22, 2005, the Anaheim Planning Commission recommended that the City Council certify Final Subsequent Environmental Impact Report No. 332 (FSEIR No. 332) and adopt a Statement of Findings and Fact, a Statement of Overriding Considerations and the Updated and Modified Mitigation Monitoring Program No. 106A in connection with its consideration of General Plan Amendment No. 2004-00420, Zoning Code Amendment No. 2004-00036, Miscellaneous Case No. 2004- 00089 to amend The Platinum Triangle Master Land Use Plan, Miscellaneous Case No. 2005-00114 to amend The Platinum Triangle Standardized Development Agreement, Miscellaneous Case No. 2005- 00115 to rescind, in-part, the Resolution of Intent pertaining to reclassification of the North Net Fire Training Center site and Reclassification No. 2004-00134; and WHEREAS, Miscellaneous Case No. 2004-00089 to amend The Platinum Triangle Master Land Use Plan (hereinafter "PTMLUP") provided for the following changes to the PTMLUP: an adjustment to the boundaries of the mixed-use districts td include the North Net Fire Training Center site in the PTMU Overlay Zone Gateway District and add 325 units to said district (321 of said units were designated for the North Net Fire Training Center site); a modification to the PTMU Overlay Zone` commercial density to add 210,100 square feet of additional commercial square footage including a total of 190,100 square feet designated for future required ground floor commercial uses along Market Street and Gene Autry Way and 20,000 square feet designated for other commercial uses in the Katella District (in the area east of State College Boulevard); and, additional technical refinements and clarifications; including, but not limited to, refinements to street cross-sections and density descriptions to reflect the above-noted changes; and WHEREAS, on October 25, 2005, the City Cduncil approved acity-initiated amendment to the Platinum Triangle Master Land Use Plan by Resolution No. 2005-208 (Miscellaneous Case No- 2004-00089); and WHEREAS, on September 7, 2005, the Anaheim Planning Commission recommended that the City Council certify an Addendum to Final Subsequent Environmental Impact Report No. 332 = (FSEIR No. 332) and Mitigation Monitoring Plan No. 138 in connection with its consideration of General Plan Amendment No. 2004-00434, Zoning Code Amendment No. 2004-00042, Miscellaneous Case No. 2005-00111 to change 10.4 acres from Office High to Mixed Use, Miscellaneous Permit No. 2005-00116, Conditional Use Permit No: 2005-04999 and Development Agreement No. 2005-00008 to provide for the orderly development of a Master Site Plan with up to 2,681 residences with a mix of housing types, including high rise residential towers, street townhomes, podium townhomes and lofts, with 150,000 square feet of street-related retail commercial development, public park space and associated infrastructure for the A-Town Metro Project; and WHEREAS, on October 25, 2005, the City Cpuncil approved an amendment to The Platinum Triangle Master Land Use Plan by Resolution No. 2005-212 (Miscellaneous Case No. 2005- 00111) to change 10.4 acres from Office High to Mixed Use, in conjunction with the project actions for the A-Town Metro Project; and WHEREAS, on November 30, 2006; the Anaheim Planning Commission recommended that the City Council approve Adjustment No: 1 to The Platinum Triangle Master Land Use Plan (MIS2006-00160) including amending light fixture standards, street trees and groundcover for Market Street and Connector Streets within the Mixed Use Districts; and, adding appendices including standard details for newspaper racks; the Platinum Triangle Median and Parkway Planting Matrix and, A-Town Metro Public Realm Landscape and identity Program; and -2- PC2007- WHEREAS, on January 30, 2007, the City Council approved Adjustment No 1 to The Platinum Triangle Master Land Use Plan by Resolution No. 2007-016 (MIS2006-00160; and. WHEREAS, the City did receive a verified petition for an amendment to The Platinum Triangle Master Land Use Plan (Miscellaneous Case No. 2007-00187) to increase the maximum number- of dwelling units in the Gateway District from 2,075 to 2,396 and maximum number of dwelling units in the Platinum Triangle from 9,500 to 9,821; and. WHEREAS, the City did subsequently receive a written request from the applicant; dated April 10, 2007, to reduce the requested numberot additional dwelling units to a total of 2;142 in the Gateway District and a total of 9,567 in The Platinum Triangle; and WHEREAS, said petition is intended to increase the development cap by 67 dwelling units to provide for the development of the proposed A-Town Stadium and Orangewood Condominiums projects (an 878-unit, phased residential development, including six development areas with up to two high-rise towers, two public parks, public streets and infrastructure, on approximately 12.48 acres located at 2050 South State College Boulevard and 2025, 2115, and 2125 East Orangewood Avenue and the Orangewood Condominiums project provitles fora 341-unit residentiatproject on approximately 3.81 acres lodated'at 2211 East Orangewood Avenue); and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 30, 2007, at 2:30 p:m:, notice bf 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 Discretionary Actions td investigate and make findings and recommendations in connection therewith; and, WHEREAS;'said Commission; after due inspection, investigatiomand study made by itself and in its behalf; ahd after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That, by Resolution No. PC2007-_, the Planning Commission has recommended that City Council approve an Amendment to The Platinum Triangle Master Land Use Plan (Miscellaneous Case No. 2007-00187) to amend Table 2: Development Intensities, to increase the maximum number of dwelling units in the Gateway District from 2;075 to 2,142 and the total number of dwelling units in The Platinum Triangle from 9,500 to 9,567. 2. That the proposed amendmenf to The Platinum Triahgle Master Land Use Plan is consistent with the goals and policies for the development of The Platinum Triangle as set forth in the City of Anaheim General Plan. 3. That the proposed amendment to The Platinum Triangle Master Land Use Plan is consistent with the goals and policies set forth in The Platinum Triangle Master Land Use Plan. 4. That the proposed amendment to The Platinum Triangle Master Land Use Plan will result in developmeht of desirable' character that will be compatible with proposed development in the surrounding area 5. That the proposed amendment to The Platinum Triangle :Master Land Use Plan respects environmental, aesthetic and historic resources consistent with economic realities: 6. That *** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed Miscellaneous Gase No. 2007-00187 and, by its motion, based upon its independent review of all evidence received at the public hearing, along with the previously-certified FSEIR No. 332 and its Second Addendum, and Mitigation Monitoring Program No. 106A, and finds that there are no changes to the Platinum Triangle Master Land Use Plan that would result in significant -3- PC2007- adverse environmental impacts not otherwise addressed in the previously-certified environmental documents, determines that the previously-certified Final Subsequent EIR No. 332 and its Second Addendum and Mitigation Monitoring Program No. 106A are adequate to serve as the required environmental documentation for this request; and further recommends that the City Council, as lead agency for the Project, unless additional or contrary information is received, determine and find, pursuant to the provisions of the California Environmental Quality Act ("CEQA"); based upon the City Council's independent review, that the previously-certified FSEIR No. 332 and its Second Addendum and Mitigation Monitoring Program No. 106A, are adequate to serve as the required environmental documentation for the Discretionary Actions and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Amendment to the Platinum Triangle .Master Land Use Plan (MIS2007-00187). NOW, THEREFORE, BE IT RESOLVED that the Ariaheim Planning Commission does hereby recommend that the City Council amend the Platinum Triangle Master Land Use Plan as set forth in this Resolution: BE IT FURTHER RESOLVED that this Amendment to the Platinum Triangle Master Land Use Plan (Miscellaneous Permit No. 2007-00187) is granted subject to adoption of General Plan Amendment No. 2006-00449 and Zoning Code Amendment No. 2007-00057, now pending. 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. Failure tb pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 30, 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. CHAIRMAN, ANAHEIM PLANNING COMMISSIOI ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION. STATE OF CALIFORNIA ) COUNTY OF ORANGE:. ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on April 30, 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. C GAII(1R CFCPFTARV AAIAHFI~A PI ANNiAI(A Cf1M~AlCCI(lAl -4- PC2007- City of Anaheim I~LAI~MIIVG ®EI'A12TME1VT Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of April 30, 2007. 3a. 3b. 3c. 3d. Agent: Andrew Han Platinum Triangle Partners, LLC 25 Enterprise Aliso Viejo, CA 92656 Ian Ellis West Millennium Homes 1849 Sawtelle Blvd., Suite 600 Los Angeles, CA 90025 Location: The Platinum Triangle www.anaheim.net Request to amend Chapter 18.20 of the Anaheim Municipal Code to increase the maximum number of dwelling units permitted in the Gateway District from 2,075 to 2,142 and the total number of dwelling units in The Platinum Triangle from 9,500 to 9,567. ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission has reviewed the proposal to amend Chapter 18.20 of the Anaheim Municipal Code to increase the maximum number of dwelling units permitted in the Gateway District from 2,075 to 2,142 and the total number of dwelling units in The Platinum Triangle from 9,500 to 9,567 and does hereby determine that the previously-certified CEQA Subsequent EIR No. 332 and its Second Addendum and Mitigation Monitoring Program No. 106A are adequate to serve as the environmental documentation for this request. Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission does hereby recommend to the City Council that the draft ordinance to amend Chapter 18.20 of the Anaheim Municipal Code be adopted. ZCA2007-00057_excerpt 200 South Anaheim Boulevard P.D. Box 3222 Anaheim, California 92603 TEL (714) 765-5139 Item No. 4 TPM 2006-262 RCL 2004-00129 RCL 99-00-15 ANGEL STADIUM OFANAHEIM CATERING TRUCK CO. I (PTMU) I (PTMU) ~- ROL 2004-00129 ~ RCL 2004-00129 RCL 99-00-15 ,.~ ANGEL STADIUM RCL 99-OD-15 I RCL 84-85-06 OF ANAHEIM RCL 66-67-14 (Res. of Int. to CR) ~ ~ RCL 56-57-93 .. RCL 66-67-14 ' VAR 2119 RCL 56-57-93 fO PR (PTMU) ; ; CUP 2008.05138- ANGEL STADIU M CUP 3552 OF ANAHEIM CUP 2623 PARKING I (PTMU) ' DAG 2006-00003 ; , a; RCL 2004-00129 ~ TTM 16906 ~._}!. RCL 99-00-15 SMALL IND. i RCL 66-67-14 FIRMS I (PTMU) RCL 56-57-93 VACANT IND. FIRM ® 1035' 273' TO STATE COLLEGE ORAN GEWOOD AVENUE z I I ~ RCL 990-15 W I w RCL 2004-00127 x RCL 66-G7-14 ° y RCL 99-00-15 ~ (Res. of Int. to O-H) RCL 62{3-09 ii RCL 56-57.93 ~ RCL 66-67-14 lY RCL 99-00-15 RCL'e RCL 66-67-14 .9 E CUP 2003-04702 z ~ RCL 62-63-09 O RCL 62-fi3-09 o SMALL IND. Fl M H ~ RCL 56-57-93 I- Z RCL 56-57-93 R 9 I (PTMU) a ° ~ VAR 4206 p /~ S D -' RCL 99-00.15 °o SMALL IND. p- \ MALL IN . / RCL 66744 ,~ ~ ~ FIRMS W \ FIRMS / RCL 62.53-09 0 ' ~ ~ \1 ~ / RCL 56-57-93 ~ . D ~ IND. FIRM ~ Z 0 N o PF w z ? m . ALL PROPERTIES ARE IN THE PLATINUM TRIANGLE. Conditional Use Permit No. 2006-05138 Subject Property Development Agreement No. 2006-00003 Date: April 30, 2007 Tentative Tract Map No. 16908 Scale: 1" = 200' Q.S. No. 118 Requested By: ORANGEWOOD PLATINUM INVESTORS, LLC 2211 East Orangewood Avenue 1ozs6 LUUJ Conditional Use Permit No. 2006-05138 Development Agreement Na. 2006-00003 Tentative Tract Map No. 16908 Requested By: ORANGEWOOD PLATINUM INVESTORS, LLC Subject Property Date: April 30, 2007 Scale: 1" = 200' Q.S. No. 118 2211 East Orangewood Avenue 7 Staff Report to the Planning Commission April 30, 2007 Item No. 4 4a. CEQA SUBSEQUENT'ENVIRONMENTALIMPACT REPORTNO. 332 ', {PREVIOUSLY-CERTIFIED) AND SECOND ADDENDUM (Motion) 4b. CONDITIONAL USE PERMIT NO 2006-05138 (Resolution) 40. DEVELOPMENTAGREEMENTNO 2006-00003 (Recommendation Resolution) 4d. TENTATIVETRACT MAP NO' 16908 (Motion) SITE LOCATION AND DESCRIPTION (1) The'property is identified'as 2211 East Orangewood Avenue. REQUEST.' (2) Theapplicant requests approval of the following applications: Conditional Use Permit No. 2006-05138 - to modify minimum setbacks to construct a 341- . unitYesidentiatproject, s Development Aoreement No 2006-00003 - to recommend City Council adoption of a Development Agreement between the City of Anaheim and Orangewood Platinum Investors, LLC for the 341-unit Orangewood Condominiums residentia(project. Tentative Tract Mao No :16908 - to establish a 1-lot, 341-unit airspace attached residential condominium subdivision: BACKGROUND: (3f On August 17; 2004, the City Council approved the Platinum Triangle Master Land Use Plari (PTMLUP) to carry out the.. goals andpolicies of the General Plan fdr The Platinum' Triangle. The. Plan serves as a blueprint for future development and street improvements. The City Couhcil also adopted the Platinum Triangle Mixed Use (PTMU) Overlay Zone and a standardized Platinum Triangle Development Agreement form. The PTMU Overlay Zdne encompasses approximately 375 acres and five Districts (the Katella, Gene Autry, Gateway, Arena and Stadium Districts). (4) This 3.81-acre property is currently developed with a 1-story vacant industrialbuilding and is located within the Industrial., Platinum Triangle Mixed Use Overlay zone (i (PTMU)). The General Plan designates this property for Mixed Use land uses.. The property is located in the PTMU Overlay Gateway. District (5); The PTMU Overlay Gateway District currently permits up to 2,075 dwelling units. Amendments to the General Plan, the PTMLUP and the PTMU Overlay are scheduled on the same meeting agenda as Item No. 3. These amendments woultl add 67 residential units to the Gateway District for a new total of 2,142 units, srC U P2006-05138tw.doo Page 1 Staff Re ort to the P Planning Commission Aprit 30, 2007 Item No. 4 ~ ? ~ "~" b ' r ~ ~"' "'r„~„s ~r~,,~, 4f ~~ se -? F ,.~ r¢rr ~i"F,,-aj~.,~'~' ¢.+~-.~.S is ~fi ~~;3~~.~..r~~ ~ x¢5 Kz.`y ~ne,-e` £j' F~?i"N r~~~ z e. c~ y~ ~ ~~c==e'.sr~~¢~.?..-,^~"'S F'fiJS .,-, "r„ r~~~ ,, ~kxiY~'.y~ ~z~.,r~,.}cr~.u(~-, J, 'fW" `'i~ { `v ," /a i't's %`24 r ~3 < a 6 -'~ } ~ w- 1~~~ E Y~ab ss »~syr~F?~ ~5 .5 £2 .-way ,.. ¢ ?. a -5,,~"„ k'_ Existing industriatbuilding at 2211 E. O~angewooddvenue (to be demolished) DEVELOPMENT PROPOSAL:' '(6) The applicant proposes to construct a 6-story, 341-unit condominium project in a podium style building with ~esidehtiaf units Ideated above a subterranean parking structure:' The projedf wduld also includethe construction of a public cul-de-sac street (Street "D")with sidewalks ahd parkways that vuduid be shared with the proposed Lennar A-Town Stadium. development to the west. The public street would be utilized for primaryresidential access, fire access; a moving plaza; and sanitation access. (7) The tentative tract map indicates the subdivision would consist of a 1-lot, 341-unit airspace subdivision for residential condominium purposes of a density of 90 unitsper acre: The `proposed density is within the 100 unit per acre IimiYimposed by the General Plan, (8) The site plan shows a maximum lot coverage of 71 °/a which is less than the 75% maximum coverage allowed by Cdde: The plan alsoshows ddnformance with the minimum 15 foot setback alohg Orangewood Avenue and 10 foot setback aldng Street"D"with the exdeption df the requested setback modifications discussed in the Conditional Use' Permit section of 'this report, (9j The floor plans show 341 residential condominium units, a 1;300 squaro foot clubroom, an 650 square foofbusiness center, a 650 square foot media theater, and a 1,200 square foot exercise room. Amain lobby islocated atthe southwest corner of the southern: building at the intersection of Orangewodd'Avenue and Street"D". Plans'ihdicate 1 td 3=tiedroom `Lnits ranging from713 to 1,585 square feet. The minimum floor area and interior features of the units are incompliance with the PTMU OverlayZone. (10) Primary access to the project would be via a newly ddnstructed public street from Orangewood Avenue terminating as a dul-de-sac afthe northwest oomer of the property; and a private driveway from Street''D".leading to a vehiculaFtum-around:: The publid street meets the City standards and includes a 5-foot wide sidewalk and 5-foot wide parkway. The public street will be shared with tfteprdpdsed A-Town Stadium. project to the west. No on-street parking wbuld be alldwed on the public street or alohg the project frontagebn Orangewood Avenue: Plans sttow parking will be provided in a two-level`subterrahean parking structure containing 707 parking spaces. The total number of proposed spaces exceeds the Code requiremehf of 634 spaces. The circulation and parking layout has been Page 2 Staff Report to the Planning Commission April 30, 2007 Item No: 4 recreation area is 88,871 square feet resulting in an average of 260 square feet per unit,. exceeding the minimum 200 square feet of recreation leisure'area required by Code. The landscape palette includes a variety of trees, shrubs and groundcdver, in compliance with "" the landscape requirements of the PTMU Overlay Zone and the PTMLUP: Landscaping in the public right-of-way along Orangewood Avenue and Street "D" also meets P.TMLUP guidelines, DISCUSSION: Conditional Use Permit No. 2006-05138:. (13) Code Section No. 18.20.090.050 of the PTMU Overlay Zone allows modification of setbacks subject to the approval of a conditional use permit. The applicant requests modification of setbacks as identified in the following table: Property Line Required. Permitted Proposed Type of Adjacent to: Setback'- Encroachments Into :Encroachment Encroachment. the Setback Area Orangewood 15 feet Ground Floor Electrical Avenue Residential: 3 feet 12 feet, 6 inches Transformer Pad Public Street 10 feet Patios: 7 feet I Up to 8 feet Second Floor "D" Ground Floor Residential, Electrical Residential: 3 feet Transformer Pad (14) The requested setback moditications are the result of street and regional storm drain reconfigurations recommended by staff which impacted the site plan. Street "D" was proposed as a temporary private drive thatwould have provided adequate area for utility i devices and structural setbacks:: However, staff recommends that Street"D" be designed as a public street to provide fora 4-way signalized intersection'at Orangewood Avenue and Dupont Circle and a planned regional storm drainwithin an easement in Street "D": (15) Plans show that one transformer pad would be located on Orangewood Avenue of the sdutheast corner of the property with a 2 foot, 6 inch'setback. The transformer will be "screened: by a 3-foot high black wall $h the east sideand byshrubs on the west side: Two additional transformer pads would be located at the northern terminus of Street "D"With a ' minimum setback of 7 feet: Landscaping is proposed to screen these devices from the street. In addition;lhe residential building would have a 2 foot setback starting at the .'second story level; at a pinch point on the curve of the Street:"D" cul-de-sac. Landscaping would be provided ati'ground level. (16) The street reconfiguration allows for the development of a signalized intersection at Street. "D"/Orangewood Avenue that will improve vehicular circulation'within the Orangewdod Condominiums and A-Town Stadium projects, as well as improve vehicular circulation of 'planned development along Orangewodd'Avenue.l With the exception of the transformer "pad on Orangewood Avenue, setback mddification occurs mainly at the end of the Street "D" cul-de-sac. In addition, thepublic street would be developed with a landscaped. parkway and sidewalk that would provideen adequate buffer tietween the street and the building and utility equipment. Develdpment Aoreement No: 2006-00003: (17) Development in the PTMU Overlay Zone is implemented by the property owner entering into a standardized form of a development agreement with the City and submitting a final site plan showing conformance with the provisions of the PTMLUP and the PTMU Overlay Page 4 Staff Report to the Plahning Commission April 30; 2007 Item No. 4 Zone to the Planning Director for review and approval: Once approved, the final site plan is inddrporated'nto the Development Ag~eemenf as an exhibit. (18) Staff has reviewed the'proposed Development Agreement and finds that the Agreement has beemprepared in cohfdrmahce with the form of the standardized Platinum Triangle. Development Agreement. Further; the applicant has demonstrated eligibility td enter into the Agreement since the project will resultidthe construction df 341 residential dwelling units, which is consistent with and implements the goals artd policies df the General Plan Mixed Use land use designation byproviding for ahigh-quality residential project. (19) Part of this review included an analysis of the maximum number of dwelling units allowed in the Gateway District bf the PTMLUP. The Gateway District currently provides fdrLp to 2:075 dwelling units. This request; jn conjunction witfi the proposed A-Town Stadium project located on the adjacent property proposes ah increase of 67 dwelling units in the Gateway District. A general plan amendment, amendment to the PTMLUP and a zoning code amendment on the same meeting agenda would increase the maximum number of permitted dwelling units ih the Gateway District to accommodate this project and the adjacentA-Town Stadium project:'P (20) The applicantsubmitted Final SitePlan No. 2006-00006 to provide for the development of thisproject. On April 23;2007, the Planningbirector approved the final site plan; subject to the approval of the associated general plan amendment; amendment to the PTMLUP; zoning code amendment, contlitidnal use permit and development agreement. Tfte Final Site Plan; including elevations andcolor and material boards, was'~eviewed'and recommended for approval by the City's architectural consultant. The approved Final Site Plan is attached as Exhibit "B" td the Development Agreement. ENVIRONMENTAL IMPACT ANALYSIS: ' (21) Staff has reviewed the Initial Study/Addendum prepared for the project and finds thatthe CEQA Second Addendum to the previously-certified Platinum Triangle Final SEIR, is adequate td serve as the requiredenvironmental documentation: ' FINDINGS: (22) Before the Commission grants any conditional use permit, it must make a finding of fact that the evidencepresented shows that all of the following conditions exisk` (a) That the use is properly one for which a conditional use permit is authorized by the Zoning Code, or is'an unlisted use asdefined in Subsectidn .030 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority); (b) That the use will not adversely affect the adjpining land uses or the growth and development of the area ih which it is proposed td be locatetl; (c) That the size and shape of the site for the use is adequate to allow the full development of the prdposed use in a manner not detrimental to the particular area or td 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 tfte 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 cf the City of Anaheim. Page 5 Staff Report to the Planning Commission April 30, 2007 Item No. 4 (23) The Planning Commissioh is required to make a recommendation to the City Council relative to the proposed Development Agreement. The Planning Commission must determine whether the applicant has demonstrated eligibility to enter into the Development- Agreement by fihding the project satisfies one or more of the eligibility requirements set ` forth below: (a) That the project shall occupy at least 50 acres; or (b) That, upon completion, the project shall result in the construction of at least 250 dwelling units; 250,000 square feet of commercial-office space, or 250,000 square feet of industrial space; or (c) That the project will be constructed in phases over an anticipated period of not less than 5years; or (d) That a`project shall be eligible if the Planning Director finds that the publichealth, safety or general welfare of the citizens of Anaheim will best be served by accepting an application for consideration by the Planning Commissiorand City Council._ The Commissionmust also determine whether the proposed Agreement is consistent with the General Plan, compatible with the uses authorized in and the regulations prescribed for 'the applicable zoning. district,. compatible with the orderly development of property in the surrountling area; and not otherwise detrimenta(to the healtft; safety and general welfare of the citizens of Anaheim. (24) The State Subdivision Map Act(Govemment Code, Section 66473.5) makes it mandatory to include in all motions approving, or recommending approval of a tract map; a specific finding that the proposed Subdivisidn together with its design. and improvement is consistent with the City's Geheral Plan.: Further, the law requires that the Commission make any of the following findings when denyingor recommending denial of a tfact map: 1. That the proposed map is not consistent with applicable General and Specific Plans. 2. That the design or improvement of the proposed subdivision is not consistent with applicable Gr:nerai ahd Specific Plans. 3. That the site is not physically suitable for the type of development. 4. That the site is not physically suitable for the proposed density of development: 5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage br substantially and avoidably injure fish or wildlife or their habitat. 6. That the design of the subdivision or the type of improvements is likely to cause serious public health problems. 7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large; foraccess through or use of property within the p~opdsed subdivision. Page 6 a Staff Report to the Planning Commission April 30, 2007. Item No. 4 RECOMMENDATION: (25) Staff recommends that the Planning Commission take the following actions as indicated in the attached resolutions and excerpts, including the findings and conditions contained therein:. (a) By motion, recommend that the City Council determine that previously-certified. SEIR No. 332 and its Second Addendum are adequate to serve as the required environmental documentation for this project. (b) By resolution; a rove Conditional Use Permit No. 2006-05138. (c) By resolution, recommend to the City Council that Development Agreement No. 2006-00003 be approved and entered into by the City of Anaheim and Orangewood Platinum Investors, LC.C: (d) By motion, a rove Tentative Tract Map No. 16908. Page 7 [DRAFT] RESOLUTION NO. PC2007--**• A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05138 BE GRANTED (2211 EAST ORANGEWOOD AVENUE) WHEREAS, the Platinum Triangle Mixed Use (PTMU) Overlay Zone, Chapter 18.20 of the Anaheim Municipal Code, does provide for the modification of setback requirements in connection with a conditional usepermit provided that minimum landscape requirements are met. WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit to modify the minimum structural setbacks to construct a 341-unit7esidential project for certain real property situated in The Platinum Triangle area of the City of Anaheim, County of Orange, State of California, described as:` THE EASTERLY 272.67 FEET OF THE WESTERLY 1304.60 FEET OF THE SOUTH 667.79 FEET OF LOT 3 OF TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10; PAGE 22 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA (APN 083-270-48), WHEREAS, on April 30, 2007, the Planning Commission recommended that the City Council approve Geheral Plan Amendment No: 2006-00449, an Amendment to the Platinum Triangle Master Land Use Plan (MIS2007-00187) and Zoning Code Amendment (ZCA2007-00057) to increase the maximum number of dwelling units in the Gateway District from 2,075 to 2,142 and the maximum number of dwelling units in The Platinum Triangle from 9,500 to 9,567; and WHEREAS, the Planrifng Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 30, 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 Lse permit, in connection with Development Agreement No. 2006-00003 and Tentative Tract Map No. 16908, 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 modification of minimum structural setbacks to construct a 341-unit residential condominium project is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.20.090.050. 2. That the proposed use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because the proposed project is compatible with existing and surrounding land uses and that the minor deviations from the Code would still achieve a project with architecturally enhanced elevations and layered landscaping, and further provide a project that is compatible and consistent with the General Plan Mixed-Use land use designation and The Platinum Triangle Master Land Use Plan (PTMLUP). 3. That the size and shape df the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to health and safety. 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area as the proposed project has been analyzed in a Traffic Impact Analysis dated September 2006, reviewed and approved by the City Traffic and Cr\PC2007- 1 PC2007- Transportation Manager and that the required infrastructure improvements along the adjacent streets will be constructed in connection with the project. 5. That the granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. - 6. That "" indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed Conditional Use Permit No. 2006-05138 - to modify structural setbacks to construct a 341-unit residential condominium project; and did find and determine, by motion, pursuant to the provisions of the California Environmental Quality Act ("CEQA"), based upon its independent review and consideration of an Initial StudylAddendum conducted pursuant to CEQA for the Development Agreement, and 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 previously- certified FSEIR No. 332 and its Second Addendum, together with the Updated and Modified Mitigation Monitoring Program No. 106A and Mitigation Monitoring Plan No. 136, are adequate to serve as the required environmental documentation for this Conditional Use Permit and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Conditional Use Permit. 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 plans shall indicate compliance with the building setbacks identified in Exhibit Nos. 1 through 31 of Final Site Plan No. 2006-00008. General Conditions: 2. That the property ownerldeveloper shall be responsible for compliance with all mitigation measures within the assigned time frames and any direct costs associated wiih the attached Mitigation Monitoring Ptan No. 136 as established by the City of Anaheim and as required by Section 21061.6. of the Public Resources Code to ensure implementation of those identified mitigation measures. 3. That this Conditional Use Permit No. 2006-05138 is granted expressly conditioned upon approval of General Plan Amendment No. 2006-00449, Amendment to the Platinum Triangle Master Land Use. Plan (Miscellaneous Permit No. 2007-00187), Zoning Code Amendment No. 2007-00057, Development Agreement No. 2006-00003, and Tentative Tract Map No. 16908. 4. That subject property shall be developed substantially in accordance with bevelopment Agreement No. 2006-00003, and as conditioned herein. 5. That this conditional use permit shall be valid for a period of time coinciding with the timing set forth in Development Agreement No. 2006-00003 which provides for development of this project within five (5) years from the adoption date of Development Agreement No. 2006-00003. 6. 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. -2_ PC2007- BE IT 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. AND BE IT FURTHER RESOLVED that the property owner/developer 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, prior to the issuance of building permits or commencement of activity for this project, whichever occurs first. Failure to pay aII charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 30, 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 April 30, 2007, by the following 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 -3- PC2007- [DRAFT] RESOLUTION NO. PC2007--""* A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION RECOMMENDING CITY COUNCIL APPROVAL OF DEVELOPMENT AGREEMENT NO. 2006-00003 BY AND BETWEEN THE CITY OF ANAHEIM AND ORANGEWOOD PLATINUM INVESTORS, LLC, AND MAKING CERTAIN FINDINGS RELATED THERETO (2211 EAST ORANGEWOOD AVENUE) WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7 (commencing with Section 65864) of the Government Code of the State of California (hereinafter the "Statute") authorizes a city to enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property as provided in said Statute; and WHEREAS, upon request of an applicant, cities are required to establish procedures and requirements by resolution or ordinance for the consideration of development agreements; and WHEREAS, the City of Anaheim (hereinafter the "City") heretofore on November 23, 1982, enacted Ordinance No. 4377 (hereinafter the "Enabling Ordinance") which makes the City subject to the Statute; and WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the City heretofore on November 23, 1982, adopted Resolution No. 82R-565 (hereinafter the "Procedures Resolution") establishing procedures and requirements for the. consideration of development agreements upon receipt of an application by the City; and WHEREAS, the Anaheim General Plan sets forth a vision for development of Mixed Uses, Office High, Office Low, Industrial and Institutional land uses within an approximately 820-acre area generally bounded by the. Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the west, and the Southern California Edison Company Easement on the north (hereinafter referred to as The Platinum Triangle"); and WHEREAS, in order to carry out the goals and polices of the General Plan for The Platinum Triangle, on August 17, 2004., the City Council adapted Resolution No. 2004-177, approving The Platinum Triangle Master Land Use Plah; and WHEREAS, on August 24, 2004, the City Council established the Platinum Triangle Mixed Use (PTMU) Overlay Zone by adopting Ordinance No. 5378 and reclassified certain properties within The Platinum Triangle into the PTMU Overlay Zone by Ordinance No. 5936 and that said ordinances have subsequently been amended; and WHEREAS, on August 17, 2004, the City Council adopted Resolution No. 2004-179, approving the form of the Standard Development Agreement for The Platinum Triangle PTMU Overlay Zone; and WHEREAS, the PTMU Overlay Zone requires an approved Final Site Plan and a Development Agreement between the property owner and the City of Anaheim to implement all development in the Katella, Gene Autry, Arena and Gateway Districts of the PTMU Overlay Zone, except as otherwise exempt under the Code; and WHEREAS, on April 30, 2007, the Planning Commission recommended that the City Council approve General. Plan Amendment No. 2006-00449, an Amendment to the Platinum Triangle Master Land Use Plan (MIS2007-00187) and Zoning Code Amendment (ZCA2007-00057) to increase the maximum Cr\PC2007- -1- PC2007- number of dwelling units in the Gateway District from 2,075 to 2,142 and the maximum number of dwelling units in The Platinum Triangle from 9,500 to 9,567; and WHEREAS, on March 3, 2007, pursuant to the Statute, the Enabling Ordinance, and the Procedures Resolution (hereinafter collectively referred to as the "Development Agreement Law"), Orangewood Platinum Investors, LLC ("Owner'), submitted ah application to the Planning Department for approval of Development Agreement No. 2006-00003 (the "Application"), which included a proposed development agreement (hereinafter referred to a5 the ".Development Agreement") prepared in Conformance with the Standard Development Agreement for The Platinum Triangle to vest certain project entitlements and address the implementation of the Orangewood Condominiums Project located at 2211 East Orangewood Avenue in the Gateway District of the PTMU Overlay Zone, as further described in Exhibit A to this resolution; and WHEREAS, Applicant desires to develop the Property in accordance with the provisions of the Development Agreement by developing a 341-unit residential condominium project; as more particularly set forth in Final Site Plan No. 2006-00008, Conditional Use Permit No. 2005-05138, and Tentative Tract Map No. 16908 (hereinafter collectively referred to as the "Orangewood Condominiums Project"); and WHEREAS, on April 23, 2007, the Planning Director approved Final Site Plan No. 2006- 00008 to provide for the develdpment of the Orangewood Condominiums Project, contingent upon the approval of General Plan Amendment No. 2006-00449, Miscellaneous Permit No. 2006-00187, Zoning Code Amendment No. 2007-00057, Conditional Use Permit No. 2006-05138, Tentative Tract Map No. 16908 and Development Agreement No. 2006-00003, by the Planning Commission and City Council; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 30, 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 Development Agreement and to investigate and make fndings and recommendations in connection therewith; and WHEREAS, the Applicant has demonstrated that the Project'meets the eligibility requirements of the Procedures Resolution to enter into the Development Agreement by showing that, upon completion, the Project will result in the construction of 341 dwelling units within a period of hot more than five (5) years; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of and based upon all of the evidence and reports offered' at said hearing, does find and determine that the Development Agreement meets the following standards set forth in the Procedures Resolution:" 1. That the Project is consistent with the City's General Plan, as amended by General Plan Amendment No. 2006-00449, in that it is in conformance with the General Plan Mixed Use land use designation and with the goals, policies and objectives for The Platinum Triangle as set forth in the General Plan. 2. That the Project is compatible with the uses authorized in and the regulatibns prescribed for the applicable zoning district in that the Project is in compliance with the PTMU Overlay Zone requirements as set forth in Final Site Plan No. 2006-00006, which was approved by the Planning Director, and General Plah Amendment No. 2006-00449, Miscellaneous Permit No. 2006-00187, Zoning Code Amendment No. 2007-00057, Conditional Use Permit 2006-05138 and Tentative Tract Map No. 16908, which was recommended for approval by the Plahhing Commission on April 30, 2007. 3. That the Project is compatible with the orderly development of property in the surrounding area in that it is in conformance with and implements The Platinum Triangle Master Land Use Plah and the PTMU Overlay Zone requirements, as proposed for amendment per Amendment to the Platinum Triangle Master Land Use Plan (MIS2007-00187) and ZCA2007-00057. -2- PC2007- 4. That the Project is not otherwise detrimental to the health and safety of the citizens of the City of Anaheim. 5. That the Development Agreement constitutes a lawful, present exercise of the City's police power and authority under the Statute, the Enabling Ordinance and the Procedures Resolution. 6. That the Development Agreement is entered into pursuant to and in compliance with its charter powers and the requirements of Section 65867 of the Statute, the Enabling Ordinance and the Procedures Resolution. 7. That "'.indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed Development Agreement No. 2006-00003 - to adopt a Development Agreement between the City of Anaheim and Orangewood Platinum Investors, LLC fora 341-unit residential condominium project and did find and determine, by motion, pursuant to the provisions of the California Environmental Quality Act ("CEQA"), based upon its independent review and consideration of an Initial Study/Addendum conducted pursuant to CEQA for the Development Agreement, and 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 previously-certified FSEIR No. 332 and its Second Addendum with the Updated and Modified Mitigation Monitoring Program No. 106A and Mitigation Monitoring .Plan No. 136, are adequate to serve as the required environmental documentation for this Development Agreement and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Development Agreement. NOW, THEREFORE, BE IT RESOLVED that based upon the aforesaid findings and determinations, the Anaheim Planning Commission does hereby recommend to the City Council the approval of the Application and the Development Agreement. April 30, 2007. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2007- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF ANAHEIM 1 I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on April 30, 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- EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY The easterly 272.67 feet of the westerly 1304.60 feet of the south 667.79 feet of Lot 3 of Tract No. 71, in the city of Anaheim, County of Orange, state of California, as per map recorded in book 10, page 22 of Parcel Maps, in the Office of the County Recorder of Orange County, California. APN: 083-270-4t3 -5- PC2007- City of Anaheim hLAN[VIIVG I3El'P-12T~HENT Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of April 30, 2007, 4a. PREVIOUSLY-CERTIFIED CEQA SUBSEQUENT EIR NO. 332 AND SECOND ADDENDUM 4b. CONDITIONAL USE PERMIT NO. 2006-05138 4c. DEVELOPMENT AGREEMENT NO. 2006-00003 4d. TENTATIVE TRACT MAP NO. 16908 Owner: Orangewood Platinum Investors, LLC 1849 Sawtelle Blvd., Suite 600 Las Angeles, CA 90025 Agent: Ian Ellis West Millennium Homes, LLC 1849 Sawtelle Blvd., Suite 600 Los Angeles, CA 90025 Location: 2211 East Orangewood Avenue.. wwvcanaheim.net Tentative Tract Mao No. 16908 - to establish a 1-lot, 341-unit airspace attached residential condominium subdivision. ACTION: Commissioner XXX offered a moticn, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission has reviewed the Tentative Tract Map and did find and determine that the previously-certified Final Subsequent Environmental Impact Report No. 332 together with the previously-approved Second Addendum and the Modified Mitigation Monitoring. Program No. 106A and Mitigation Monitoring Plan No. 136 are adequate to serve as the required ehvtronmental documentation for the proposed project actions. Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission does hereby approve Tentative Tract Map No. 16908, to establisfi a 1-1dt, 341-unit airspace attached residential condominium subdivision, based on the finding that (a) the proposed tentative tract map is consistent with the General Plan and the Platinum Triangle Master Land Use Plan as proposed for amendmenfpursuaht to General Plah Amendment No: 2006-00449 and Amendment to the Platinum Triangle Master Land Use Plan (MIS2007-00187), and (b) the site is physically suitable for the proposed type of development and therefore would not cause public health problems or environmental damage, subject tb the following conditions: 1. That this Tentative Tract Map No. 16908 is granted expressly conditioned upon approval of General Plan Amendment No. 2006-00449, Amendment to the Platinum Triangle Master Land Use Plan (Miscellaneous Permit No. 2007-00187), Zoning Code Amendment Nb. 2007-00057, Development Agreement No. 2006-00003, and Conditional Use Permit No. 2006-05138. 2. That prior to Final Map approval, a 10-foot wide storm drain easement shall be shown located within Street "D" along the western property line, as depicted on the Tentative Tract Map and Final Site Plan. 200 South Anaheim Boulevard P.0. Box 3222 Anaheim, California 92883 TEL (714)765-5139 3. That prior to final map approval, Owner shall submit a maintenance covenant to the Department of Public Works, Development Services Division, in a form to be approved by the City Attorney's Office. The covenant shall include previsions for maintenance of private facilities, including compliance with approved Water Quality Management Plan, and a maintenance exhibit. "°" 4. That prior to final map approval, Owner shall submit a Subdivision Agreement to the Department of Public Works, Development Services Division, in a form to be approved by the City Attorney's Office, agreeing to complete tfie public improvements required as conditions of the map at the legal property owner's expense prior to final building and zoning inspection. 5. That prior to final map approval, vehicular access rights to Orangewood Avenue shall be released and relinquished to the City of Anaheim. 6. That prior to final map approval, the City of Anaheim Supplemental Sewer Impact fee shall be :paid. 7. That prior to final map approval, the City df Anaheim Arterial Highway beautification/aesthetics impact fee shall be paid. 8. That prior to final map approval, Owner shall post a bond to the City for all required sewer improvements/upgrades, including the removal of any abandoned lines andlor off site improvements. 9. That prior to final map approval, Owner shall post a bond for the installation and improvements for the Orangewood Avenue street widening, sidewalks, lighting and landscaping. 10. That prior to final map approval, Owner shall post a bond to the City for all required street, storm drain, landscape; and/or traffic-related improvements, as applicable. 1 t That prior to final map approval; all existing structures shall be demolished. Prior to any demolition activities, Owner sfiall obtain a demolition penrrit from the Building Division. 12. That prior to final map approval, sheet names for any new public street shall be reviewed and approved by the Building Division: 13. Than pridr to fihal map approval, Owner shall post a bond to the City for all traffic related street improvemehts, including but not limited to traffic signals, directional signage, striping, and Median islands. 14. That prior to final map approval, Owner shall pdsYa band to the City for the under- grounding of all overhead electrical utility structures located on the property and the construction of streetlights. 15. That prior to final map approval, Owner shall post a bond to the City for the installation of all water supply improvements, indluding all' off site improvements and fire hydrants and the abandonmenUremoval of any existing water Tines. TTMt6906_EXCERPT_PC043007tw Attachment -Item No. 4 City of Anaheim Planning Department Planning Services Division To: Sheri Vander Dussen, Planning Director From: Ted White, Senior Planner Date: April 23, 2007 RE: ORANGEWOOD CONDOMINIUMS FINAL SITE PLAN REVIEW NO. 2006-00008 (2211 East Orangewood Avenue) The project applicant, West Millennium Homes, has submitted a final site plan for the development of the Orangewood Condominiums project; a residential project consisting of 341 residential condominiums, a 1,300 square foot clubroom, an 850 squaze foot business center, a 650 squaze foot media theater, a 1,200 square foot exercise room and a 707 space subterranean gazage. The project is located in the Gateway District of the PTMU Overlay Zone at 2211 East Orangewood Avenue. The applicant has also requested approval of General Plan Amendment No. 2006-00449, Amendment to the Platinum Triangle Master Land Use Plan (MIS2007-00187), and Zoning Code Amendment No. 2007-00057, to increase the maximum number of dwelling units in the Gateway District from 2,075 to 2,142 and the maximum number of dwelling units in the Platinum Triangle from 9,500 to 9,567. In addition, the .applicant has also requested approval of Conditional Use Permit No. 2006-05138 to modify setbacks for the project, in conjunction with Development Agreement No. 2006-00003. These applications aze agendized for a Planning Commission public heazing on April 30, 2007, with an anticipated City Council public hearing date of June 5, 2007. Staff has reviewed the final site plan application and has determined that it is in conformance with the provisions of the PTMU Overlay Zone and The Platinum Triangle Master Land Use Plan. Therefore, staff recommends that the Planning Director, by signature below, approve the final site plan. Approval of the final site plan is contingent upon the approval of the aforementioned general plan amendment, amendment to the master land use plan, zoning code amendment, conditional use permit, development agreement and tentative tract map by the Planning Commission and City Council. 200 S. Anaheim Blvd. Anaheim, California 92805 TEL: 714.7GS.S139 PAJ(: 714.765.5280 Final Site Plan Review No. 2006-00008 Apri123, 2007 Page 2 of 2 Approved by: Sheri Vander Dussen, Planning Director Date PSI' 200(-000118_approvtii rnei3in i1-12707 Exhibit A: Final Site Plan No. 2006-00008 - List of Exhibits Exhibit Title No. 1 Summary Plan (AO) 2 Site Plan (Al) 3 Ground Floor Plan (A2) 4 Podium Level Floor Plan (A3) 5 Third Level Floor Plan (A4) 6 Fourth Level Floor Plan (AS) 7 Fifth Level Floor Plan (A6) 8 Sixth Level Flooz Plan (A7) 9 F1 Floor Plan (A8) 10 P2 Floor Plan (A9) 11 Roof Plan and Section (All) 12 Material Boazds 13 Color Building Elevations (A12) 14 Color Building Elevations (A13) 15 Building Elevations (A14) 16 Building Elevations (A15) 17 Building Elevations (A16) 18 Unit Plans (A17) 19 Unit Plans (A18) 20 Unit Plans (A19) 21 Unit Plans (A20) 22 Homeowners Facilities (A21) 23 Homeowners Facilities Plant (A22) 24 Landscape Plan (L1.0) 25 Landscape Notes and Details (Ll.l) 26 Landscape Lighting Plan (L2.0) 27 Landscape Lighting Cuts (L2.1) 28 Landscape Concept Plan and Contextual Image (L3.0) 29 Landscape Concept Plan and Contextual Image (L3.1) 30 Tenkative Parcel Map No. 16908 31 Preliminary Utility Exhibit Note: Final Site Plan exhibits are included as exhibits to Development Agreement No. 2006-00003 and aze available for review at the Planning Department. fSP 2006-OOOtIR. ppprPV¢I memo 042307 a O Z E c m L U .".. 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C C V C i ~om ~E= wc o i ~~na m N N V~ O V O U m X C m n° _ ~ ~mm C E ~` C m N N anN.NU~~O T.~~lL-'d c _ m~NC~dN N•'"',p 'OCymO.U UOV NC OaT ~Lm,acioE~m3Q °;~Q~' . md ~ 'o'~oarn~~mviya ~~~mcLio o~moo:°.acim U ~ ~ E L.a~d~~a°:~ '~~~y~U me 5 ~Emon.-mTmL~ L~.P?incao'v QE~m~3m o ~oa ~E ca~Eo~La . m mid 3a~ ~0«yo ai ~ N m m m E o mm3~•~'mEQv`n '-oc~:~ N o 19O3dNOmc E m o 0 c m ~ a m m m o N 4 m ~ m ~ o 0 L o v m"amcN m mO~>. m ° ~ .o°~c'oEc. .. .L U •L m~~moEL • -o>•rnm c ° ~o~' `m~ca i tq U~L i 10' a ia i ~~Q Oc- -m rnKmma o-m~. mam m N o c oc°-~o Ni oc~° ~°mQEw~ ~- ~ ~W y~ ,:- cm v° w g a m• 33 -O `o mm ~~o N~°>~mo , n a m c N..N., - c mco~ani~~E~E os~°m°'° _ mwoui =~~ oo Y`p'SOE C w W C m~ U L.. (0 V R N N E d E - p C w d m C N m O d m U' ~ U U ~ m y m C- N '~ •N N mn > oL0 ck m m' aOrn1° pN ~~`m ='Nm m~ ~m m mLNm V'p >.myx: ~~Ecpm>jy~ ySm>. p, UmE„a~~'p >, . 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C •° C U r ~ ~>~ C m ' ~> N U •E rn°i c. a v~$m~ m ~ m aa~ C no~o 0 m ~ w p~¢d ~' N O 'O O N C °i N O C O N C O~ y ~ C N N ~ O Of ~p ~ L `p C n "p U L ~ O `p C n~~ U '. Qao dmEma3~ n`_mEm.=n3w.. o . ,~, Z m N ui ~., u Y ~ ~ ~ ~ ~ ~ N J C N Q 0 3 N 0 C l9 N w ~ N ~ N O ~ Z rn c E m a ~E rn 0 C .p .O C O 'c U O O c 3 o N m p rn~ ~O` C O . ~ c E 0 V O 'o ° N c ~ ° LL o o c a•c • ~... ~, N N o c m ~ `O E u, ~~ ~~ m o•o rn cE~rnNC 'C C O ~lErn 'C C ~lErn ~ n N Ng ` . Cdrn~O,N CND _ C cN~ ~ ~ _O N c~ C> N y ~~ N~ .= N Q.~W07W~ CLOf!] C10m IL _ N E° E ~ j N O .c°r~~~ ~ C ~ :4 .L„ (0 ti O N C ~ > y ~ C Y O N> TC N N "' ~ ' ` ~ C ~ l0 'C N C ~ ~ O m n y o ° ~N a Nom. ~ Ny co • ooati aUa rn of ° N or ° c `NO~mm E~m~ °-la a o N~~ y~ c E o N y y ~ ~ rn E N y a rn N CL O~ L "'~ ' ~. ~ ~ C O C . „ ~ O ~ U O U y 2 ~ j ' C n n U ~ y C NCO y ~ N O ~~ N J O Ul C U om ~ooo off. m A d~ c°' N N N rn mHJC N sE~ c °~~.~ am o N ~ ~ ' „ , y' t N E.. o~c y N ~.~. 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N: u~a ' ` L rn yN N!d o voN N N !~ ¢ "N S cN~3-off N' Eo~ cn nE+N' ~ .. m~ .N c c a m>E - ° o N(0 °~o mv ¢m'yQ c -3N N zom~ E cE Cl~ rn Q d . ~ a rn t0 N ~ > N C C f0 L~ ~ Q _ N N C N pL n Nom' N y~`N lL rn N >i N d U _. ~• N~ 'O N N _ ~ N j C U y N Y U C C O J, W p N 0- > - 3' C C n ' O 3 a Oo a d N U o d. N>> N J N O n .~ - :av~c .ZNNJ~ D. am O O ' 'O m U ~ E U ~ E U : Ol c e o c ~ N c - c ~ a`l c N N Nom N E 'E m p g ~ p~ m n m a N w d F rn col = `:. N rn: c N rn c ' y ~~ .O rn,0 01 c p~ . O~ W p C m C~ y C ~ ,n ~~ U ~ J~ O 'O V U '. D. N Q. IO ~ d N D W N N W U N O Z f/1 .- N ~ J m _ ~ z n ~ i ~ ~ of u ui a ui 01 N c Q a 0 3 N a c m O m w O N N o ~ Z N c E m c a' ~E Ol O c D c c 0 0 'c U 0 ~ o c 3 o N m rno ~O G O ' ~ c E 0 U '' U N U w C C C . . C m c C mom Nc a: E E N N e a ,.c. ~~ ' ~ • m n m n m m msF'c o d E d C N t" -o n° o c n c ~ p•o ~ ~ N ~ ~ i a O~ E m . a a i u i i o ~ E~ c E rn v~ ~ ~ v v•-°- ~ ~ -° m~•voi ~v ~ B .o .o o~ ani m J N ~> N J o. a. a a_ao~ ao moom °~ L O. C m m~ N N a .N. C N Ol N C d U T C C ~ 3 T ,,N, U N L J C 21 N N O L O- X C. N ... E ` O) N N N L ~~ p F N ~ X N N c a Ul -O N `~ TL.. _m a L N O d .~ O n a- O d O C N N N N N C r N.~oav `~~o. . N~.°E amN ~°'m `E~'o-~a a ~o~ U N C N O N L ?` U a N~ U N c~ UL-' D ~_ N a N d N N N N a d ~> ~'QE yL d y- ~ `0>1° E . N m ~a~a m no a N m N E~a~~a~`m~~ o EumL L~c~ c Nv._ ~mL°m~odE m~ co.NamoEmu NN c`o~N Nd KEEN. E~ NON F- d n U rLnrnr~m _a oa . m o E L J` L ; N C J~ N= C^ OI N N E N 'C • ~- C N (0 r .3 lL Q C ~U ." N N c N 3 ' Q O N fJ/I N a. ~ d N U c ~ .O N C y L d l0 v c~ C O N. W N N N L O o NL. N IO °~~~ N N Y N c Do d ~c L 7 f0 O a L. l0 N oocNn~Ea ~NaomJOCUNi:. ~n~E aa~E ~~N 3~rn~~a~E o~ N O C ~~ G NQ 41 ce- N~ ~~f0 mN O'er ~ ~~~ `-- N N ~>.N..a E NU n > o oUm ~.C`? an~~o~. c m~ _ '(qN 'L F° y N U E =ca~oc ~ a id ~' N JO N to o am ~~ C p N L dEdcN ~ m N c am'aQ 'a Z'o Z no i m ~SO ac '~ N N O N E a~ d N N ,Ep Ol O) O d~ N w c N~ O L N ` ~ U 'J' .~ O U C N L E y N~ ? 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O.M c O ~ (0 ~ O N N ~~ 'oa>.oio~°o>'i m p amaci~ N L - ~ o w ai3 ~ (0 ~ ~ m O m o o z m 3 ~ Z m o N 0~~ '~ o ~N U O L E T t0 m w° m E -- ~U N E w dF`-AI O N~in" E m act Z o w ' ~ v c~ c . ~ `m ' m ' ° m. ma~m y ~c °w~E~. U - N ~ -.~.~ o ~- m 3 o m c i E ~r'~ c~ d m~ a c m E» ° o °o E yfE:o o > m c °-. ~ _ ~~ ~ o~ y oao °: m c~~~ ° ~ m cw'm m ~ c m ~ d ` L E Q~ d o o~~ E~ c~ m n o m °: U ~ d L m c o c~~o°m~`ON=acEvm°-°~~m m~° m yL ~ m ~ . _ ° ~ ° U~ o r ry ~ L m E °~ c~ .° ~ E 0 °~ (n d o g .o m~ C O ° L _ ( t` m .. y N L. N N O a C C U ,U U~ N~ G N ~ N O O l0 ~ U : Yp V N 3 . N L n N - N~ yC C ~ "O O C C -• ~. O _ O y C L L.• U ~ O N M 0 0 3 0' C O M o O° ' T 3 .O. l9 L_ J. " L O t0 C p l0 L OI '~ 7 '~ ; N 'rt0m Em' ov°oE n N O O C O :: dU O C .`.. U c U w -03 ~ ~ O L a~ N E ac iy~ C~ C ~ i0 m v mca>i~Z~E«°mmNOmo~mm~m m ~> ~~ = ao,°ui p~~ 3 O aE ~a .~ o' YN.ym cE ~- :°>, ~~ ~ r~3~K mE ,wyU v i°1~ o ~ m ° t° o 'L m ~ N O .~.. ~ m N N. 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LN~d3 m no T m CL n> c~L ~a a i Q v 3~ Q N N o !?~- ~ m._ o o <na Q... o-o Q N.. n L N ~ m . O O a ~- U 0 ~ ~ p L U a O N > C N OI O t0 « N ~ E ~ ~ °-rn F- °v ~~C - m ~ J .O n O ` ~ "~' a o a N O N da g u'i m Item No. 5 iG`~t ~ CeAC6 3 ~ G cP~P~ c tG 1 iM F ~p 1 ~. F~~P ~p J1~1 G p1-~~ w~ SE ~GE~ ~1'1~ A1~1~f.1~ f~~tAnEPp c~~~EHtE ~O~~O~,t,\N\JMi P~. ~~i~ °- tiy oti ~'o '~s, qo ~~ SP BB-1 OPEN SPACE ~/ ,~ Q 0 Z ~ ~e ~ ^ 8& ) 1299 CUP 3 R 293 ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE Conditional Use Permit No. 2007-05196 Requested By: SYCAMORE CANYON PLAZA, INC. 751 Weir Canyon Road Suites 167 and 171 (Body Tone and Yoga) to25e SP99-1 OPEN SPACE SP 89-1 CUP 3992 OPEN SPACE r~ ~ Subject Properly Date: April 30, 2007 Scale: Graphic Q.S. No. 220 ~~ ~'~\ 1 ~ CANYON CREEK ROAD Conditional Use Permit No. 2007-05196 Requested By: SYCAMORE CANYON PLAZA, INC. 751 Weir Canyon Road Suites 167 and 171 (Body Tone and Yoga) Subject Property Date: April 30, 2007 Scale: Graphic Q.S. No. 220 10258 ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE Date of Aerial Photo: Staff Report to the Planning Commission April 30, 2007 Item No. 5 (8) Sign plans were not submitted as part of this request Code permits a single wall sign for each business not td exceetl ten percent of the storefront area. The applicant proposes to remove the s(gns for two existing businesses and replace them with a single Code-compliant sign advertising the business. ENVIRONMENTAL IMPACT ANALYSIS:. (9) Staff has determined that the proposed project is categorically exempt from the requirement to prepare further environmental documentation EVALUATION: (10) Anaheim Municipal Code Section (AMC) 4.29.030 requires that any massage facility not under.. the supervisidn of a medical doctor be required to obtain an operator's permit; and a license is alsd required for each. massage technician employed by the applicant (AMC 4.29.060). Massage: establishments are permitted in the Sycamore Canyon Specific Plari subject to approval of a conditional use permit. (11) The attached memorandum from the Police Department shows that the shopping center is within an area of Idw crime. The Police Department does not oppose the request for a massage: establishment: The proposed use complies with all applicable code requirements; therefore staff recommends approval of the request: FINDINGS: , (12) Before the Commission grants any conditional use permit, it must make a fihding of fact that the evidence presented shows that all of the following conditions exist: (a) That the use is properly one for which a conditional use permit is authorized by the Zoning Code, or is ahLnlisted use as defined in Subsectioh .030 (Unlisted Uses Permitted) of Sectidn 18.66.040 (Approval Authority); (b) That the use will not adversely affect the adjoining land uses or the growth and develdpmenf ofthe area ih whicfi it is proposed td be located; (c) That the size and shape of the site for the use is adequate to allow the full development of theproposed use in a manner not detrimental to the particular area or to the health and safety; (d) That the traffic generated by the use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and (e) That the granting df the conditional use permit under the conditions imposed, if any, wilt not be detrimental to the health and safety of the citizens of the City of Anaheim. RECOMMENDATION: (13) Staff recommends that the Planning Commission take the following actions as indicated in the attached resolution including the findingsand conditions contained therein: (a) By motion, approve a CEQA Categorical Exemption -Class 1 (Existing Facilities). (b) By resolution, approve Conditional Use Permit No. 2007-05196, Page 3 [DRAFT] RESOLUTION NO. PC2007--*"' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05196 BE GRANTED (751 SOUTH WEIR CANYON ROAD, SUITES 167 AND 171) 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 OF TRACT NO: 12996, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 624, PAGES 19 THROUGH 24, INCLUSIVE 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 April 30, 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 far 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 massage and day spa services within an existing yoga and personal training facility are authorized by conditional use permit by Anaheim Municipal Code Section 18.10.030.040.0402. 2. That massage and day spa services will not adversely affect the adjoining land uses and the growth and development of the area in which it is located because the use is proposed within the middle of a commercial center which already offers many other personal services. 3. That the size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area dr to the health and safety; 4. That the traffic generated by the use will not impose an undue burdeh upon the streets and highways designed and improved to carry the traffic in the area because there is no change in parking for the proposed use; and 5. That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. fi. 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 ahd is, therefore, exempt from the requirement to prepare additional environmental documentation. Cr\PC2007-0 -1- PC2007- NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the Citizens of the City of Anaheim:. Prior to final building and zoning inspections or within a period of one (1) year from the date of this resolution, whichever occurs first, the following conditions shall be complied with: 1. That the applicant shall obtain any necessary building permits for tenant improvements from the Building Division. 2. 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: 3. That the massage therapy operation shall be permitted only as an accessory use to the fitness and beauty facility: 4. That, as stipulated by the applicant, the hours of operation shall be limited to Monday through Friday, from 10 a.m. to 9 p.m. and Saturday through Sunday, from 11 a.m. to 5 p.m. 5. That employees providing massage therapy shall be required to wear uhiforms and photo identification cards during business hours. 6. That all records of treatment shall be maintained on the premises for one (1) year and shall be made available for inspection byany authorized City official 7. That the operator and all employees of the business shall comply with the permit requirements grid restrictions imposed by Chapter 4.29 of the Anaheim Municipal Code pertaining to Massage Establishments. 8. That the property shall'be permahently maintained ih 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. 9. 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. 10. Extensions for further time td complete conditions of approval may be granted ih accordance with Section 18.60.170 of the Anaheim Municipal. 11. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. -2- PC2007- 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 invdice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 30, 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 April 30, 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 _3_ PC2007- ~~„ r i ni;~_1 r. ~, ~~` - , f ^~ (~ _-~ iSi z- . , ~VM1'O EO•~e, City?y o7f A~j nFga~ghpT~egiY~mA 8KT ~/g4 gT~ IAyi ®L~~~ JJ u'~Y [21`~LYBC~~lY~ Special Operations Division To: Elaine Thienprasiddhi Planning Department From: Mike Lozeau Vice Detail Date: March ]4, 2007 RE: CUP 2007-05196 John Vrahnos Day Spa, Yoga, and Massage 751 S. Weir Canyon Rd 171 Anaheim, CA 92808 Attachment -Item IVo. 5 The Police Department has received an I.D.C. Koute Sheet ror c;ur 2007-05196. The applicant is requesting to permit massage services within an existing day spa and yoga studio. The location is within Reporting District 1245, which has a Crime Rate of 39 percent below average. The Reporting District to the North is 1145 and has a crime rate of NR. The Reporting District to the South is 1345 and has a crime rate of 45 percent below average. The Reporting District to the West is 1244 and has a crime rate of 81 percent above average. The Reporting District to the East is 1246.and has a crime rate of 99 percent below average. In the last year there have been 3 calls for service to this address. They consist of 1 disturbance, 1 identity theft, and 1 grand theft. Of these calls for service 2 reports were taken. They consist of 1 identity theft, and 1 grand theft. The Police Department does not oppose this request. The applicant must follow the Anaheim Municipal Code regulations pertaining to a massage establishment. The applicant will have to have a "Responsible Employee that is CPR and First Aide Trained. Please refer to Anaheim Municipal Code 4.29 for all regulations. Please contact me at extension 1451 if you require further information. f:\home\mmirwinCUP 2007-05196 Day Spa and Yoga Studio.doc Anaheim Police Depl. 425 5. Harbor Blvd. Anaheim, CA 92805 TEL: 714.765.1401 FAX: 7!4.765.1665 i Item No. 6 SP CENTER (4) SP 92-2 RCL 66£7-fit (104) CUP 2776 VAR 4352 VAR 3566 ANAHEIM PAIRPIELD INN PCN 20p6-00027 NAHEIM CAMELOT INN & SUITES VAR 3269 CAROUSEL INN 8 SUITES SP 92-2 RCL 6687-61 (20) VAR 3056 VAR 611 TROPICANA INN 3P 92-2 3687-61 (7) sUP 933 2007-04722 4R 1408 4R 1355 AR 1204 K VUE INN 044 1 a sulTEs VAR 3223 (99) VAR ~0~05 ALRO WAV o~i «<. oP 98a Subject Property ~° ~ ~ p SOU TH ANAHEIM BOULEVARD COMMERC IAL ® CORRIDOR OVERLAY ZONE UJ `( y ® ~ RCL fi3 fi4-10 N e j, CUP 3276 Z t y ~ CUP 456 Uly y 9 VAR 4357 W Z ~ e ® 9 9~9 U b 6 .r RCL B8-09-40 y ° 'Q ~ RCL 63-64-10 C UP 45 7 4F ® ~ ~ T-CUP 2003.04794 VAR 4357 O~p o SP 92-2 r ~ 9 CUP 4076 CUP 3270 VAR 4140 CUP 69 2 ® RCL 6687-61 (73) L VAR 1777 CUP 438 °o e L /i CUP 3026 VAR 821 VAR 2006.04691 ry~ ® J VAR 2917 5 9 (RCL 56-57.92) -PL o (VAR 2879) ® QUALITY INN 9 AND SUITES 7 9 211 ANAHEIM RESORT RV PARK y ~ ' o~s RCL 66 67 61 (108) . 9- CUP2006-05174 - F,p CUP 438 .9 G F% VACANT OFFICE o '® fi10' a ® O O~ o~ O ~tip~E\ G e ~ \ ~e~ e ® e 5~ ~~Gi 0 7 ® O RCL fi68 61 (108J s RCL 6687-14 RCL 55-56-24 INDUSTRIAL a ~ BUILDING S; e e ANAHEIM RESORT SPECIFIC PLAN 92-2 RCL 66-67-61 (108) SP 92-2 RCL 6fi87-14 RCL 55-56-24 CUP 2004-04848 INDUSTRIAL SP 92-2 BUILDING R 6GI, 687-61 (l/(/,-V-A-CALM/ Conditional Use Permit No. 2006-05174 Requested By: BILL MCFARLAND 1477 South Manchester Avenue 10255 Date: April 30, 2007 Scale: 1" = 200' Q.S. No. 86 Conditional Use Permit No, 2006-05174 Requested By: BILL MCFARLAND 1477 South Manchester Avenue Subject Property Date: April 30, 2007 Scale: 1" = 200' Q.S. No. 86 10255 Staff Report to the Planning Commission April 30, 2007 Item No. 6 (4) The existing office building and site improvements are egal nonconforming because they complied with the Code in effect at the time of construction; but do not comply with current Code requirements for the Anaheim Resort Specific Plan. The specificplan doesnot permifnew freestanding office buildings. However, modifications to legal nonconforming structures or sites are permifted subject to the approval of a conditional use permit, provided that the changes would bring the use/site into greater conformahce with the intent of the Specific Plan. : (5) The building has recently undergone a remodel to the fagade and the installation of : landscape enhancements within the setback along Manchester Avenue: PROPOSAL (6) The applicant proposes to establish a nursing school within an existing building. New square footage is not proposed and modifications to the nonconforming site are proposed as follows to bring the site closer tp current code requirements (refer to Exhibit Nos. 1, 2 and 3 -Site Plan,. Landscape. Plan and Landscape Sections): (a) Parking Lot Modifications -The parking lot v/ould be redesigned to accommodate 35 additional parking spaces and new lendscaping, including landscape planters, tree wells to accommodate 36-inchboz treesand flowering plants and vine. pockets.:' In addition; the perimeter walls will be planted with 1- and 5-gallon 'clinging vines in compliance with Code. (b) New and Enhanced Landscaoing in the Setback Area =New landscaping is proposed within the 20 foot wide area adjacent to Manchester Avenue: Ttie first five feet of the property would be planted with low shrutis. The nett five feet would include two alternating varieties ofmidlevel hedges used to screen the outdoor courtyards afthe baseof the building. The setback area would also be planted with 36-inch box trees, in atldition to the existing palm trees.? (7) Access to the site is provided via two driveways from Manchester AvenueThe site plan shows a total of 188 on-site parking spaces, while Cade requires a total of 254 spaces `based on the following ratios: Use SizeS(s f.) ;- ~ Code~Parking Rate„ ,~ ' ;Re ruired ~~ 9. .Classrooms/Lab 10,692 20 s aces/1;000 s.f. 214 ( Administrative Offices - 10,003 4 s aces/1,000 s,f. 40 Ancillary areas (hallways, 9,796 N/A 0 'restrooms; stora e Total 254 Page 2 Staff Report to the Planning Commission April 30, 2007 Item No. 6 conformance with the Anaheim Resort Specific Plah' design guidelines and enhance the ..appearance of the site. The proposed school and administrative offices also bring the land use closer to conformity with tFie Anaheim Resort Specific Plan because the'school use is permitted by conditional use permit. {12) The applicant proposes to provide less parking than what the code requires. Code requires a minimum'of 254 parking spaces for this proposed school and other uses bn the property , and 188 spaces are proposed. The applicant has submitted a parking study prepared by LSA Associates, dated February 9, 2007, o substantiate the requested parking waiver. Hourly packing surveys were conducted at two similar facilitiesih Anaheim and Los: Angeles. The results of the surveys indicated a peak`generation rate of one parking space per 2.25 students or staff memtiers. Based' on 300 students and 30 staff members., the proposed school would generate a need for 147 parking spaces. With a 10 percentbuffer, the demand would be 162 parking spaces(: while 188 paces are provided': The City's traffic `consultanthas reviewed the parking studyand has determined that the numberof provided parking spaces is sufficient for the proposed use: Based upomthis analysis and recommeridation,'staff recommends approval of this waiver. (13) The parking analysis indicates the following findings to justify the requested parking waiver. (a) Wesf Coast University will be able to provide adequate parking on site for its uses. Because of the educatiohalprocedures established at this site.; students will use labs and move into classrooms without these areas being used concurrently. The parking demand for this site is far below the Code because the students are eparated into three class sessions witR an hour tietween sessions; all students are not do site concurrently. (b) The site is fullycontained and fenced from adjacent parcels. Overflow parking will not occur'upon adjacent private property:..' (c) Students and staff will have sufficient parking spaces in excess of the forecasted demand so that there will not be congestion within the site's parking lot. (d) Students at West Coast University will attend classes in three distinct sessions with an hourin betweenthe end of one and the beginning of another. Students will be able to exitprior to the neztgroup of students entering. No queuing of vehicles at the entrance will occur; consequently, vehicles entering the West Coast Universitywill not impede vehicular ingress or egress from anyadjacent properties. FINDINGS: (14) Before the Planning Commission grants .any conditional use permit, it must make a finding of fact that the evidence: presented shows that all of the following conditions exist: (a) That the proposed use is properly one for which a conditional use,permit is authorized bythe Zohing Code; or that said use is not listed therein as being a permitted use; (b) Thatthe proposed use will not adversely affect the adjoining land uses or the grpwth ahd development of the area ih which it is proposed to be located;` Page 4 Staff Report to the Planning Commission April 30, 2007. Item No. 6 (c) That the size and shape of the site proposed for the use inadequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to health ahd safety; (d) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; .and (e) That the granting of the conditional use permit under the conditions imposed; if any, will not be detrimental to the health and safety and general welfare of the citizens of the City of Anaheim. (15) Section 18.42.110 of the parking code sets forth the following findings which are required to be madebefore 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 accommodate all vehicles attributable to such use under the normal and seasonable foreseeable conditions ofope~ation of such use. (b) That the waiver, under the conditions imposed, ifany, will not increase the demand and competitioh 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 hot increase the demand for parking spaces upon adjacent private property in the immediate vicinity oflhe proposed use. (d) That the waiver, Under the conditions imposed, will not increase traffic congestion within the off-streetparking areas or lots provided for such use. (e) That the waiver, under the conditions imposed', will not impede vehicular ingress to or egress from adjacent properties' upon the public streets in the immediate vicinity of the proposed use. Unless conditions to the contrary are expressly imposed upon the granting of any waiver pursuant to this sectioh, the granting of the waiver shall tiedeemed contingent upon operation of the proposed use in conformance with the assumptions relating to the operation and intensity of the useas contained in the Parkingbemand Study that formed the basis for approval of the waiver: Ezceeding violating, intensifying or otherwise deviating from any of the assumptions as contained in the Parking Demand Study shall be deemed a violationof 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 Modification of Permits).: .Page 5 Staff Report to the Planning Commission April 30, 2007 Item No. 6 RECOMMENDATION: (16) Staff recommends that the Planning Commission take the following actions as ihdicated in the attached resolutions including the findings and conditions contained therein: (a) By motion, approve the'Negative Declaration; (b) By motion, approve the parking waives (c) By resolution approve Conditional Use Pehnit No: 2006-05174. Page 6 [DRAFT] RESOLUTION NO. PC2007--"` A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05174 BE GRANTED (1477 SOUTH MANCHESTER AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL A THAT PORTION OF LOT 7 OF JOSEPH FISCUS SUBDIVISION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 8, PAGE 73, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOW Si BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SAID LOT, WITH ALINE PARALLEL WITH AND SOUTHWESTERLY 45.00:FEET, MEASURED AT RIGHT ANGLES FROM THE SOUTHWESTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD COMPANY'S RIGHT OF WAY PER BOOK 847 PAGE 478, OFFICIAL RECORDS, SAID INTERSECTION BEING THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA BY DEED RECORDED OCTOBER 2, 1950 IN BOOK 2081 PAGE 301, OFFICIAL RECORDS; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LAST MENTIONED DEED.,. NORTH 40°52'20"WEST 344.67. FEET; THENCE SOUTH 68°0751"WEST 467.60 FEET TO THE WEST LINE OF SAID LOT 7; THENCE ALONG SAID WEST LINE. SOUTH 0°13'07" EAST 67.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 7; THENCE ALONG THE SOUTH LINE OF SAfD LOT, NORTH 89°5710" EAST 654.16 FEET TO THE POINT OF BEGINNING. EXCEPTION THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN DOCUMENT AS PARCEL 200428-1 RECORDED SEPTEMBER 16,.1999 AS INSTRUMENT NO. 99-667699 OFFICIAL RECORDS. PARCEL B: THAT PORTION OF LOT 7 OF JOSEPH FISCUS SUBDIVISION,. fN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 8, PAGE 73, MISCELLANEOUS MAPS, RECORDS OF SAID. ORANGE COUNTY, DESCRIBED AS FOLLOWS:. PARCEL 2 AS SHOWN ON A MAP RECORDED IN BOOK 91, PAGE 5, IF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN DOCUMENT AS PARCEL 200428-1 RECORDED SEPTEMBER 16, 1999 AS INSTRUMENT NO. 99-667699 OFFICIAL RECORDS... PARCEL C: PARCEL 1 AND 2, AS SHOWN ON PAGE 3 OF LOT LINE ADJUSTMENT NO. LLA- 0000510 RECORDED MAY 10, 2004 AS INSTRUMENT NO. 2004000408844 OF OFFICIALRECORDS OF ORANGE COUNTY, CALIFORNIA.. Cr\PC2007-0 -1- PC2007- WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 30, 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 is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.116.070.030 (Educational Institutions -Business and Nonconforming Structures .and Uses -Expansion of Nonconforming Uses and Structures) with waiver of the following provision: SECTION NO. 18.42.040.010 Minimum number of parking spaces (254 spaces required; 188 proposed) 2. That the parking waiver is hereby approved based upon a parking demand study prepared by LSA Associates and concurred by Rafiq & Associates, the City's Traffic and Parking Consultant, providing evidence that adequate parking exists on the property for the proposed nursing school: 3. That the parking waiver, under the conditions imposed, if any, will not cause fewer off- street parking spaces to be provided for the nursing school than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal arid reasonable foreseeable conditions of operation 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 (147 spaces needed and 188 spaces proposed). 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 commercial retail center and proposed market 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 nonditidns 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 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. Tnat 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 establish a nursing school with waiver of minimum number of parking spaces; and does hereby approve the Negative Declaration upon finding that the declaration reFlects -2- PC2007- the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the Citizens of the City of Anaheim: Prior to issuance of a building permit or within a period of one 111 vear from the date of this resolution, whichever occurs first, the following conditions shall be complied with: 1. That the developer shall submit improvement plans including landscape and irrigation for the public improvements along Manchester Avenue to the Public Works Department, Development Services Division in conformance with the Anaheim Resort Specific Plan to the extent possible as determined by the City. 2. That the property owner shall submit a letter requesting termination of Variance No. 2270 (waivers of maximum number of free-standing signs, minimum height of afree-standing sign and permitted location of a freestanding sign) since the subject signs are no longer in existence. 3. That Anaheim Resort Area water facilities and/or advances to the Public Utilities Department, Water Engineering Division be provided in accordance with Rule 15E of the Water Utility Rates, Rules and Regulations. 4. That all new backflow equipment shall be located above ground and outside of the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by the Public Utilities Department, Water. Engineering Division. 5. That the applicant shall submit an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project to the Public Utilities Department, Water Engineering Division. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. 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) alonglacross high voltage lines, low voltage lines crossing private property and around all pad mounted transformers, switches capacitors, etc for any new equipment... Said easement shall be submitted to the City of Anaheim prior to connection of electrical service.. 7. That the applicant shall submit plans to the Utilities Department, Resource Efficiency Division for review and approval which shall ensure that water conservation measures are incorporated as part of the tenant improvements for the school and the proposed landscape improvements. The water conservation measures to be shown on the plans and implemented by the applicant may include and are not limited to the following: • Use of low-flow sprinkler heads in irrigation systems. • Use of low-flow fittings, fixtures and equipment, including low flush toilets and urinals: Use of self-closing valves on drinking fountains. Use of efficient irrigation systems such as drip irrigation and automatic systems which use moisture sensors.. • Use of irrigation systems primarily at night when evaporation rates are lowest. 3- PC2007- • Use ofwater-conserving landscape plant materials wherever feasible 8. That a trash enclosure shall be provided and maintained in a location acceptable to the Public Works Department and in accordance with approved plans on fiile with said pepartment. 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. , 9. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 476 and maintained to the satisfaction pf the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits. Prior to final building and zoning inspections the following conditions shall be complied with: 10. That the applicant shall install piping onsite with project water mains so that reclaimed water may be used for landscape irrigation, if and when it becomes available from the County Sanitation District of Orange County: - 11. That all requests for new water services or fire liries, 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. 12. That since this project is located in the Anaheim Resort Area, installation of large meters and fire line assemblies must comply with screening requirements of Ordinance No. 5156 and Chapter 18.48 of the Anaheim Municipal Code. 13. That all existing water services and fire lines shall conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use if necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fre line. 14. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim, Water Engineering Division, an easement twenty feet in width for water service mains and/or an easement for large meters and other public water facilities. 15. A Right-of-Way Construction Permit shall be obtained from the Public Works Department, Development Services Division for all work performed in the right-of-way. The improvements shall be constructed prior to final building and zoning inspections. 16. That the applicant shall implement and administer a comprehensive Transportation Demand Management (TDM) program for all employees. The program shall be submitted to and approved by the Public Works Department, Traffic Engineering Division. 17. That subject property shall be developed substantially in accordance with plans ahd 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 7, and as conditioned herein. General Conditions: 18. That this school shall operate consistent with assumptions contained iri the approved parking study. If at any such time the operational characteristics of the school change, a detailed description of the operational changes shall be submitted for review by the City's Traffic and Parking Consultant to -4- PC2D07- 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 as required by Code. 19. 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. 20. That any required relocation of City electrical facilities shall be at the developer's expense. 21. 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. 22. Extensions for further time td complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal. 23. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVEp that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 30, 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 maybe replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -5- 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 April 30 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 1N WITNESS WHEREOF, I have hereunto set my hand this day of 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -6- PC2007- Attachment -Item No. 6 ' ~ ~ ` IsA nss nla n'na. INC. nr•,nx ra.er ~\ 2u rsncunvll vnnn. sNrre zoo v49.S 53. ofi Gfr 1'I!I. cnnlsnAu I IIV INIt. I:ALIfOIIN IA !1$fi l4 949.553,IIU~11'A% CULMA rebrnary 9, zoo? Mc Richard Lee RLA Advisors 19762 MacArthur Boulevard, Suite 160 Irvine, CA 92612 Subject: Parking Demand Analysis: West Coast University Dear Mr. Lee: PIIHT COI.LINS 11119:11 SI II Ii PALM SOIIINf15 IIFlfN1.IN I'f)IN I' IIII:IIMIINU' YAN I.IIIS 1111151`tl LSA Associates, [ne. (LSA) is pleased to submit this forecast parking demand analysis for the proposed West Coast University located at 1477 South Manchester Avenue in the City of Anaheim. This study uses hourly parking accudnuiation survey data collected by LSA at other similar vocational school sites operated by the Wes[ Coast University applicant and identifies speak-hour parking demand rate. The resultant rate is used Yo identify the forecast peak parking demand at the West Coast University site, inclusive of a 10 percent parking buffer. The forecast peak parking demand is compared to the proposed parking supply to determine whe(her adequate parking will exist, Based on the results of this comparative analysis, [he forecast parking demand cau be accommodated within the existing on-site surface parking lot. PROJECT DESCRIPTION West Coast University is proposed to occupy the 30,491-square-foot four-story building at 1477 South Manchester Avenue in the City of Anaheim. Figure 1 (attached) illustrates the site plan. Access to the building is via two driveways along Manchester Avenue. Parking is provided to the rear of the building in a surface parking lot. The total parking supply is 188 striped spaces. Accessible parking is provided adjacent to the north side of the building. The on-site surface parking is bounded by fencing with no opportunity tp pass across adjacent properties. The building will be used to house the Wes[ Coast Universityadministrative headquarters and business offices, the learning classes and laboratories, general student areas, and records storage areas. At full occupancy the university would enroll approximately 300 students spanning three distinct nonoverlapping time slots: • Morning 7:30 a.m,-12:00 p.m. (50 percent) • Afternoon 1:00 p.m~ 5:30 p.m. (20 percent) • Evening 6:30 p.m.-I 1:00 p.m. (30 percent) U2/U9/U7 <d''\ILLnU7Ul11'.urking Anal)tis2Aom I`LANNINO 1 CN VIN(INM11 N'I'A I. I II IISION I_SA A\ti OCI A'1'L ti, IN0. "the staggered class schedule accommodates those students who require Flexible hours to attend class while also working. This serves to generate less peak-hour traffic in the local area and reduces.thc potential parking demand. By allowing a minimum of GO minutes between class sessions, the university allows for students to fully vacate the building before another class session arrives. It is significant that the classes move between two roams, a classroom and a lab, during a single fau- hour shift on campus. Therefore, a single class will effectively occupy two rooms, a classroom, and a training lab or computer lab, which further reduces the occupancy per classroom. Also, student common areas such as the librvy are occupied by the same students using the classrooms. CITY OF ANAHEIM PAL2KING REQUIREMENT Municipal parking requirements for the facility are based on the application of City of Anaheim panting rates to the proposed building. Parking for educational institutions is required according to Anaheim Municipal Code, Section 18.42.040, Table 42-A, as indicated below. Educational Ins•N[zrlions•-1Jusiness 0.82 space per student, or 20 spaces per 1; 000 square feet of GFA for inslruclion area, whichever results in a greater nzrmber of spaces, plus 4 spaces per !, 000 sgacare feet of GFA for nice area The 30,491-square-foot facility is divided into approximately l0,OD3 square feet of administrative area, 10,692 square feet of classroom/lab; and 9,796 square feet of common area/hallway/storage (of which 1,538 square feet is storage). Based on the Cify rate per student, the required parking would be 24G spaces. IIased on the City parking rate per building area, the required parking would be 254 spaces (214 spaces for instmction area and 40 spaces for office area), In addition, 1.55 spaces per 1,000 square feet is required for the storage area, or a total of 2 additional spaces. Therefore, parking required per Cityof Anaheim Municipal Code is 256 spaces. FORECAST PARHING DEMAND. Peak parking demand for West Coast University is fbrecast based on the application of peak parking rates generated from surveys of similar uses. ht February 2005, LSA prepared a technical memorandum for American Career Colleges (ACC), the applicant for West Coast University, describing parking generation rates for its two existing (ACC) campuses. A copy of this technical memorandum is provided as an attachment. The purpose of that work effort was to define a parking generation rate that may be used to determine adequate parking supply for future ACC campuses. LSA had hourly parking accumulation surveys conducted at the Los Angeles and Anaheim campuses. A description of each campus and a photographic inventory is included in the attached technical memorandmn. The two Facilities are similar to the proposed West Coast University. They both conduct classes and labs in three distinct sessions: morning, afternoon, and evening sessions, with no overlap in timing. The Los Angeles facility is similar in size and layout to the proposed West Coast University. The Anaheim site is somewhat smaller, with a smaller student enrollment, but shares the same complement and ratio of instructional areas to ancillary areas. U2/0Y/U7 Id':\RLB070IU'arkina Annly5is2dno) ISfi ASSOFL\'I'q5. INC:. I-burly parking accumulation smveys were conducted at the twn facilities over three clays (a typical winter'fuesday through Thursday) over the period 7:00 a.m. to I L00 p.m. The hours of the survey, correspond to the hours of operation at the campuses. Parked vehicles were counted on site and in the vicinityof the campuses. In Los Angeles, parked vehicles were counted in the parking structure, at the Cleveland Chiropractic College, and on the street. On-street parking was collected as Far away as the surveyor could discern a student moving to the college, or approximately two blocks. At the Anaheim campus, the parking surveys were conducted on the surface parking lot, at the Talbert Medical Group, Wickes Furniture store, adjacent business park properties, and on the street along Woodland. Surveyors were instmcted to collect parking data as far away as necessary to count all potential students. The results of the surveys indicated a peak parking generation rate of one parking space per 2.25 students/staff. The study also recommended application of a 10 percent parking buffer in order to account for variations by day, season, curricula, etc. While building size is a common metric inland development nomenclature, the Institide of Transportation Engineers recognizes that enrolled students/staff is a better variable for determining parking generation rates. No other dependent variable is indicated as reliable fordetermining parking generation for educational institutions. Statistically (and intuitively), the number of enrolled students/ staff has an outstanding correlation to [he number of parked cars. The regression equation for high school parking per student yields an R-squared in the 90th percentile: The regression equation for mtiversity/college parking per student yields an R-squared value in the 49th percentile, meaning excel lent correlation between these activities and the variable oP student parking generation. No other dependent variable, such as square footage should be used to generate parking demand for educational faci I ities. it is noted that in the previous LSA shidy, parking generation was calculated for both dependent variables of students/staff (the primary variable) and per 1,000 square feet of building area (a common variable in real estate development). The building area variable was included solely as a common vernacular for American Career College and was not intended for use in generating parking demand and supply. If this variable were to be used, it would only be applied to the instructional space, as that is the space that primarily generates students, and thus, vehicles and parking demand. In the case oFthe Los Angeles and Magnolia campuses, the instructional spaces averaged 57 percent of the building area and created an average parking rate of 8.0 spaces per 1,000 square feet. In the case of the proposed West Coast University, the insttuctiona(space equals 33 percent of the building area. A straight ratio of space to parking genei'atioii would result in an equivalent parking rate of 4.6 spaces per 1,000 square feel (i.e., 57x = [8*33]). If this rate were used, then the peak parking demand of the West Coast University would be I50 spaces. With the 10 percent buffer, the parking supply would be 165 spaces, of which 188 are provided. However, use of the per 1,000-square-foot rate is not a recommended practice and was not used in this analysis. The proposed West Coast University will have a full enrollment of 300 students and 30 staff/administrators. This results in a peak parking demand of ]47 parking spaces. Fifteen additional spaces are added to account For the 10 percent parking buffer, for a total of 162 parking spaces. The proposed West Coast University has a parking supply of 188 spaces. Therefore, the forecast peak parking demand (inclusive of a parking buffer) can be accommodated on site: @/09/07 d*11iLnU71Jl\Porking Mnlyss2:doo\ L1A ASS UCIAIY~. ti. INC, I'Al2K1NG VARIANCE+' ht order fits the parking variance fo be granted, five f ridings must be made. The f vc findings are sunvnarized below. Finding No..0101 That the vrriance, under the conditions imposed, if any, will not cause fewer off-street pnrking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles atd•ihutahle to such use zmder the normal and reasonably foreseeable conditions of operation of such us•e• West Coast lJniversitywill be able to provide adequate parking on site for its uses. Because of the educational procedures established at this site, students will use labs and move into classrooms without these areas being used concurrently; consequently,Yheeode's parking rate based on the square footage of the building is overly conservative. The parking demand for this site is foss below the code because the students are separated into three class sessions with an (tour between sessions; all students are not on site concurrently: Finding No..0102 That the variance, under the canditions• imposed, if any, will no! increase the demand and competition for pnrking spaces upon the public streets in the irnmedicUe vicinity of [he proposed us•e: West Coast Lniversity will provide adequate parking on site for its uses: Curbside parking will riot be needed. Finding No..OL03 That the variance, under the conditions imposed, ifany, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of /he proposed use (which property is• not expressly provided us parking for such use under an agreement in compliance with subsection 18.42.050.030 (Non-Residential Uses-Exception). West Coast University will provide adequate parking on site. The site is'fullybontained and fenced from adjacenf parcels. OverflovJ parking will not occur upon adjacent private property; Finding No..0104 That the variance, zrnder the canditions imposed, if any, will nul increase trnffic• congestion within the off-street parking areas or lots providedfor the proposed zrse. West Coast University will provide sufficient parking on site fot its uses. Students and staff will have sufficient parking spaces in excess of the forecast demand so that there will not be congestion within the site's parking lot. Finding No..0105 That the variance, :ruder the conditions imposed, if any, will not impede vehicular ingress to or egress Erma adjacent properties upon the public streets in [he immediate vicinity of the proposed use. Students at West Coast University will attend classes in three distinct sessions with an hour in between the end of one and the beginning of anothei. Students will be able to exit prior to the next group of 02/09/07 <d':\RLn0701\I4vking Mnlysis2dow 4 LSA d.450C1.A'f ltti, INl'.. students entering. No queuing ofvehicles al the entrance will occur; consequently, vehicles entering West Coast University will not impede vehicular ingress or egress from any adjacent proper[ics. ,_ CONCLUSION Based on the application of parking generation rates for similar sites, flue proposed West Coast University will provide an adequate parking supply to meet the forecast demand. The proposed West Coast University is forecast to generate a peak parking demand of 162 spaces (inclusive of a parking buffer) that can be accommodated in the on-site surface 188-space parking lot. Thank you for the opportunity to conduct this analysis and submit this technical memorandum Sincerely, LSA ASSOCIATrS, INC. /~~ Anthony Pettus Principal Attachments: Figure I Pebnlary 4, 2005 Technical Memorandum: American Career Colleges Parking Generation 02/09/07 ~d':UtLn0701\PntAing Annlysis'2.dnw = C ^~ ~ d p, C ~S' N ~~ -JC a` 4 i a c 0 U h a VO YC y 6 h m J ~i~~~u~c~ '~~C?I~3D /~ ISA AlSi :: IIRS, INC: 1 ,!. P/\ II UN%:' 1•OIIT CULLIN9 RIVIIIl9lUN au runt uTlvl! I nnx, 5u1Tn aoo y493$].06(6 TOL en ulsnnn Pnl.m .v tau Nas nac%Lln IR VINIL CAI SI•UIINfA [)]G 14 949~$$J~80'/4 1•n% l'ULMA POINT Itll•IfMUNU VAN L111.Y p111SP0 February 4, 2005 Mr. Richard Lee RLA 410 West Coast Righway Suite G Newport Beach, CA 9266:1 Subject: 'feclinical Memorandum: American Career Colleges Parking Generation Dear Mr. Lee: At your request, LSA Associates, Inc. (LSA) has conducted a parking generation analysis For the two existing American Career College (ACC) campuses. The purpose of this analysis is fo determine the peak parking generation of this specific use and define a parking generation rate that may be used to determine adequate parking supply for future ACC campuses. SITS D);SCRIPTIOIV Currently, ACC has two campuses, one in Los Angeles and pne in Anaheim. The 31, 167-square-foot Los Angeles campus is located at 4021 Rosewood Avenue. The college is located near public transportation (MTA Red Line, buses 1 1, 204, and 354) and is easily accessible from the Hollywood (SR-101) and Santa Monica (I-10) Freeways. Student parking is available in a subterranean panting structiu•e and on-street where available. In addition, college students park at the nearby Cleveland Chiropractic College on Vermont Avenue. The 21,070-square-foot Anaheim campus is specifically designed for training students in health care. "Che campus is located at 1200 North Magnolia Street in the Laderbel Business Park. The campus is also adjacent to a Talbert Medical Group facility and a Wickes Furniture Store: The college is accessible from the I-5 and the SR-91 Freeways and From public transportation. Student parking is available in a surface parking lot. Parking is also accommodated on-street, at the adjacent Talbert Medical Group surface lot, and at the Wickes surface tot. A photographic inventorynf the two campuses and their parking supplies is provided as an attachment 1VIETIIODOLOGY LSA contracted with Southland Car Counters, an independent traffic data collection firm, to collect hout•ly parking accumulation surveys at both campuses for athree-day period. Parking accumulation statistics were collected hourly between 7:00 a.nt. and 11:00 p.m. on Tuesday, Wednesday, and Thursday, December 7 through 9, 2004. Weather was good, with clear skies and no precipitation. The hours of the survey corresponded with the hours of operation of the campuses. "the first class of the clay is scheduled at 7:45 a.m. and the last class gets out of 10:30 p.nt. 02/OA/OS 1~':UIbA30Ylnrking salAgdncn PLANNING I 9NVIRONMIINTAL SC[UNCtlF I OU910N f` LSn Ays OCln'P It Y. ING. ~~ I'arkcd vehicles were counted an-site and in the vicinity nl'the campuses. In Los Angeles, parked vehicles were counted in the parking structure, at I:he Cleveland Chiropractic ~:olluge, and on-sfreul. On-street parking was collected as far away as the surveyor could discern a student moving to the college, or approximately Cwo blocks. At the Anaheim campus, the parking surveys were conducted on I:he surface parking lot, al the Talbert Medical Group, of the Wickes p'urniCUre store, al adjacent business park properties, and on-street along Woodland. Surveyors were insh'ucted to collect parking Bala as far away as necessary to coon! all potential students. I2TSUL7 ;S 'Che hourly parking data. is provided as an attachment to this technical memorvrdum, as are individual daily parking slili~mary graphs. "1'he hourly Barking accumulation surveys were combined for each day and averaged for each site. Figure I presents the average hourly parking accumulation for the L.os Angeles campus over the three-clay survey period. pigure 2 presents the average hourly parking accumrdation for Che Anaheim campus. The general shape oFtlie parking accumulation curves fit the attendance profile of both of the campuses. The largest attendance occurs with the morning classes, where parking generation is greatest Parking generation slightly less than the morning peak hour is exhibited Getween 12100 p.m. and 2:00 p.m., coinciding with the afternoon vocational nursing courses. 1'arlcing diminishes greatly between 4:00 p.m. and 6:00 p.m., reflecting the turnover to evening courses and conunuters arriving on the campuses. A smaller peals in parking occurs in the evenings, corresponding to the evening class schedule. At the Los Angeles campus, the average (three-day survey period) peak hour parking generation occurs at I I :00 a.m., with 222 parked vehicles attributable to the college. 'Che 11:00 a.m. Irour was. consistently the greatest hour of parking generation in Los Angeles, with parking accwnulation ranging from 206 to 249 vehicles. On-street parking accounted for between 45 and 84 vehicles in the 11:00 a.m. peak hour of parking generation. In Anaheim, the average (three-day survey period) peak hour parking generation occurs at 9:00 a.m., with 194 parked vehicles attributable to the college. On the Tuesday of the survey, the peak policing demand of approximately 182 parked vehicles was sustained over four hours, from 8:00 a.nt. Co 11:00 aun., inclusive. On Wednesday and Thursday, the peak hour of parking coincided with the 9:00 a.m. hour and ranged frorii 189 to 212 parked vehicles. The Wickes Furniture store and the adjacent business parking lot were the pt•imary off-site parking locations. The Talbert Medical Group, adjacent business park, :and on-sd~eet parking were not used much during the survey period. por purposes of determining a parking generation rate, the average peak policing demand generated by the Los Angeles campus is 222 vehicles, while the average peak parking demand For Che Anaheim cvnpus is 194 parked vehicles. rINDINGS AND RLCOMMrNDATIONS A parking generation rate is established by applying the peak hourly parking accumulation for each facilityto a specific unit of development or activity. "Che dependent variable used to establish the rate 02/D4/OS ;J'a16A 7Dharking shidyduw d m m m a E m U g m rn _m 0 U d v m U c v .` m E Q a `a' z a a. a a a a ~ E a F= a a a g ^' ` ~ L f.• J) ~ LI 7 `I N 1-1 {'y U 7 C V C ~' d J 0 a c q~ d U 6 ed °n °o i°n °o i°n ° N N ~- r sa~o~ya~;o ~ ~ f r I _ _ _ ~ ~ ~~ `~ ~~~ ~~ re ~` ~ S ~ ~ a 3 ~"un k& ~ f ~ y ^ x 3 ~ ~~~~"~ ~ ~ ~ e ~~4 ~ ~. ~ . ~ i . '~ s 'a49 ~ `~ ~f f i i M ° g O d 0 O c ~- a g ma '.o ~ h a w rn m °° g j Q m 2 m °o ~ o a ~ri a E U o d: E • : v ~ m ~ °; a E v O7 o g d - i.i d 0 U °° g.': v ~ d d m U °og C P ~- m .~ d ° ° a Q _ o.. o g oQ °o g of °°g' o~ o ~ °o i°n °° `°n ° N N ~- ~. sa1~14aA d~ # e w c, L w ^~ ,I J u< °', ~.. w v ~~ ~ ~ a a c' 4 :J 4 E .v N a' U a~{ ~1 1_SA ASVULIATf: S. INL', is an impocfanl facfor.'fhe variable should be selected for its correlation with the occurrence of parking generation. fn the example of the ACC, two variables are available for consida~ation: I,(lll0 square Feel ofbuilding area and stall%students iu attendance. If building squ¢ure liuxagc is considered as the dependent variable, a parking rate structure would be: Los Angules Campus: 222 parked vehicles/31, IC7 square feet, or roughly 7 spaces per 1,000 square feet Anaheim Campus: I )4 pal9ced vehicles/21070 square feet, or roughly 9 spaces per 1,000 square feet The application of building square footage would yield an average parking rate of R spaces per 1,000 square feet of building area. While building size is a conunon metric inland development nomenclature, the LJStihlleof 'transportation Engineers recognizes that enrolled students/sta1T is a better variable for determining parking generation rates. Statistically (and intuitively), the nwnber of enrolled students/stall has an outstanding correlation to the number of parked cars. The regression equation Por (his parking yields an R-squared in the 90th percentile, meaning excellent correlation between the activity and the variable. The census for both campuses was documented based on general enrollment as of January 31, 2005. StafFng was accounted for by clay and evening schedules. Student enrollment was divided by morning classes, vocational nursing classes, aRernoon classes, and evening classes. A significant amount of overlap occurs during the typical inshuctional day. The enrollment statistics ore provided as an attachment to the letter report. At the Los Angeles campus, the potential student enrollment and sfaf£ng is S64 persons ducting the 1 I :00 a.m. peak parking demand. At the Anaheim campus, the potential student enrollment a,td staffing is 358 persons during the 9:00 a.m. peak parking demand. [f enrolled students/staff is considered as the dependent variable, a parking rate structure would le: Los Angules Campus: 222 puked vehicles/SG4 persons, or roughly I space for every 2.S persons Anaheim Campus: 194 parked vehicles/3S8 persons, or roughly I space for every 2 persons, where "person" is staff and enrolled students. The application of staff/enrolled students would yield an average parking rate of one space 1'or every 2.25 persons. It is common to also consider a parking buffer to account for parking variations by day (aheady addressed by the multiple days of survey), variations by season, veil variations by cw~ricula. A parking buffer of approximately 10 percent cmt be added to the parking generation rates above, i f deemed necessary to address any of the potential variations identified. 02/nM1/OS Id':VIbAlO~pntking s0.ldydual r` 1.5 •\ A.Sti UCI T'1'I: ti. INI:, i; Parking generation rates for the American Career Colleges have been determined using sunley daUi of two similar sites. T'he methodology and lindimgs of this survey effort are presented and would indicate I:haf. a parking rate of R spaces per 1,1100 squat-e feel of building area, or one space per 2.25 uriivllcd student/staPl' is appropriate Rtr use in your future planning efforts. Sincerely, LSD ASSOCIA'I'~S, Anthony 1.. t Principal Attachments ?rr>- n21UA/US Id':VIh47a~mrAing snldydn©1 tt 1 i p 1.1 ^-~_ ~W W O o a a~a~a¢~~a°z~~~~~E~gEaa o.-~aaaaaaaaao^ ^ nmm.-,- Nmv v~mn mrn .- 3 T t~~l 3 0 O ~R IW R V W J ~ J ~ 0 U W a NW I.L Q O (, H a U ~ Z a'm U ~ g W ~ ~ _ Q ~ a z_ ~o Z N ~ ~f~~a~z~~~.~g~~E~aa a~ao.-Naaaaaaaaao.- ^ n m.-.-^ ^NCn v~mm~mrn^.- 30 pe7 Wy5 U 3 a w m a U v1 a m F z ~ ~ O ~N00000000•t~ ~ mN0 O N O m O.O mO m m1~ m N M O N 0 tV V t'I~Ne-.- cn m o o m o m o in in o m m m r m o ^N~l thN NNN.-e- N d' N 0 0 0 0 OO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 OO 0 0 N ^ m O o ,_, m°~~n u~vm ~i m~°ovo O LL K h O~~ U Q W Y 0 u~ a U N Q4 m z o p ~f~¢¢zfE~~~~~~~aa ~¢~aa.-~.aaaaaaaaao.- r rn^ ^ Nmvmmrmm.-.- 3 0 O K O J U 4 o p1 N Q 3 1 7 W W p J J Q U U W W Q U a_ Z ~ Q NU_N {~I~ W Q app O ~ d ~ N 3 S z ~~~~zE~~~~~E~~aa :O ? O m m m o m N O V O V'' N N ' O. m N N t+1 ~- 0 m 01. 01 O: b ^ O m' r 0 0 0 0 0 0 0 0 N V N ~ O M m O Of 01 .m m 0 m h N 0 m m m ~ ~ N. 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E m U J rn d U 6 d V U C U .~ ~F r~ ~L ~a ~~ p' o ~z pa '3 w a ~ m ~~ o ra ~ .`. d ~ U 0 ~a ~ m m > ~ E ~~ ~' °' ~ i ~~ fV n' ~ J ~ ~ N r ~" > N J 00 ~ N n r o ~ 0 4 0 o g o r ,°o Q of oQ w o ~ r¢ ~.. oo..-._....~...__.. oo. 0 0 N N r sa~aiyap;o ~ 0 0 N h N r N Q E l6 U E .~ .~ m Q m m 0 U d d R V c m U .L N E Q 0 a c 0 c~ C o [~_ m 0 O G n. o r o .= ~a o ~ ~a O d o L oa c m o g E ~„ a H o ~ ti ~- °o ~ ;. a 0 o g iii a o ~ O r Q 0 o ~ o t~ O 2 pj Q O b Q O C O RS r ®: c .~ O ~ O t~fJ ~ sa~5~yaq;o ~' .. 0 0 N co N U7 a E U E .~ .e m c Q d 61 U L d d L R U c m U .` N 0 a ^: .- c c c ~ o~ a ~= QJ L o S ~`a °o~ ti a °o ~ a o ~ iii a ~~ ~a m o d E M h o~ N R O ~ ;_ a O O C.i a 0 o ~ T- E O O ~ O O O 2 o~ o ~ r Q t~(1 O ~ O ~ ~ N N .- .- sap!4aA do # d 0 N m N r N a E m U E .~ m c Q d v 0 U v w l9 U c m v .i N E Q o~ r 0 o~ G LL O ~~ G ~/ ~' a o` o a. p 2 ~a O ~ iri a °o ~ d: a v d E m j. o~ cV a °o~ r: a 0 o g i~ a 0 o ~ ~- Q 0 o g o Q 0 4 rn Q °o ~ ~a c z N N O O O O r O to r sa~a~ya~ }o # Item No. 7 -- - I SP 92-2 PCN 2006-00927 RCL 66-67-61 (108) ANAHEIM CAMELOT CUP 3594 INN 0 SUITES VAR 3619 SP 92-2 T-VAR 2003.04586 VAR 3289 RCL 6fi-67-61 (9) CUP 2002-04657 CAROUSEL INN T-CUP 2005-049 7 CUP 487 8 SUITES SP 92-2 RCL 66-67-61 (20) VAR 3056 VAR 611 TROPICANA INN RC166£7-fit (30) CUP 591 VAR 1929 S VAR 1333 BEST WESTERN PARK PLACE HOTEL RCL 66-67-61 (106) CUP 3121 ~ ~ SP 922 SP 92-2 VAR 1408 CalifOmia ¢ RCL 66417-fit (69) VAR 1355 RCL fib-67-61 (7) CUP 3925 RESTAURANT CUP 933 Adventure W VAR 2007.04722 ~ VAR 1488 ~ m VAR 1355 O VAR 1254 ~ ~ '.:' PARK VUEINN ~ m - ~~~~~ SP 9&2 601 ' p RCL 66-67-61 (6) ANAHEIM NN 8 SUITES D] Q SP 92-2 SP 92-2 VAR 32: VAR 1840 S RCL 60$7-61 (99) VAR 1841 RCL 66417 fit 92 = - ( ) VAR 3093 DENNY'S CUP 3fi4 ANAHEI RESTAURANT CUP 318 DEL SOLI SP 92-2 VAR 1273 RCL 6667-61 (702) CUP 417 ANAHEIM INN SP 92-2 RCL fi64i7.61 (63) VAR 3630 VAR 2895 ~ ~ CUP 386 VAR 335 RAMADA MAINGATE/SAGA INN SP 92-2 VAR 3830 RCL 66.67-61 (66) VAR 2095 CUP 386 SP 92-1 RCL fi64i7-61 (21) CUP 1084 LANDSCAPED VAR 2217 S EASEMENT CUP 2216 DISNEY WAY SP 92-1 ALL PROPERTIES ARE IN THE ANAHEIM RESORTT"' 1570 SOUTH HARBOR BOULEVARD VACANT OFFICE SP 92-2 RCL fi6.67-61 (108) RCL 667.14 RCL55-56-24 INDUSTRIAL OUILOING SP 92-2 RCL 66.57-14 RCL 55-56-24 CUP 2004-04848 INDUSTRIAL BUILDING SP 92-1 RCL 66-67-61 27) RCL 64~fiS1 2 RCL 56-57-67 CUP 755 CUP 574 CUP 32 VAR 2167 S VAR 2074 S OISNEVLAND PARKING SP 92-1 RCL 66-67-61 (100) A! SF R PARK w O S N 1ozsD Variance No. 2007-04722 Requested By: SCALZO FAMILY PARTNERSHIP 1570 SOUTH HARBOR BOULEVARD Subject Properly Date: April 30, 2007 Scale: 1" = 200' Q.S. No. 87 ~ozso Staff Report to the Planning Commission April 30, 2007 Item Nd. 7 (10) The applicant is requesting an interior setback that is less than code requirements. Code requires a minimum interior setback of 10 feet, fully landscaped: The submitted site plan and floor plan indicate the proposed expansion of the building into the required setback area wduld match the existing legal nonconforming building wal(currently constructed at 4.5 feet from the property line. The majority of the hotels along'Harbor Boulevard, including the subject property, were constructed prior to the adoption of the Anaheim Resort Specific Plan and do not conform to the current interior setback requirements. The hotel to the south, the Anaheim. Desertinn and Suites, is developed without the full setback along its northern property line: A similar situation applies as well for the restaurant on the adjacent property to the north. The expansion of the Park Vue Inn will be adjacent to the north wall of the Anaheim Desert Inn and Suites. This is a two stdry; blank building wall without windows and is not a wall to a guest room but a part of the office and lobby area of the hotel. The parcel is narrow and deep which is also a limiting factor for providing this setback. Staff recommends aoproval of the proposed waiver. FINDINGS:. (11) When practical difficulties or unnecessary hardships 'result from strict enforcement of the Zoning Code; a modification may be granted for the purpose of assuring thatno property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyedby other properties ihthe same vicinityand zone: The sole purpose of any variance is to prevent discrimination and none shall be approved which would have the effect df granting a special privilege not shared by other similar properties: Therefore; before any variance is granted by the Zoning Administrator, it shall be shown: (a) That there are special circumstances applicable to the property such as size, shape, topography, location or surroundings, which do not apply to other identically zoned properties in the vicinity; and (b) That strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity: RECOMMENDATION: (12) 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, determine that the previously-certified Environmental Impact Report No. 313 serve as the appropriate environmentaldocumentation for this request. (b) By resolution, a rove Variance No. 2007-04722... Srvar2007-04722gsk Page 3 [DRAFT) RESOLUTION NO. PC2007--*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION: THAT PETITION FOR VARIANCE NO. 2007-04722 BE GRANTED -- (1570 SOUTH HARBOR BOULEVARD) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Variance for certain real property situated in the City of Anaheim, County of Orange, State of California described as: PARCEL 1: THE SOUTH 170.40 FEET OF THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, 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 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,. CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A PONT IN THE WEST LINE OF SAID SOUTHEAST QUARTER OF SECTION 22, DISTANT SOUTH 0°14'30" EAST 298.40 FEET FROM THE CENTER OF SAID SECTION, SAID CENTER POINT BEING THE INTERSECTION, SAID CENTER LINE OF CERRITOS AVENUE FROM THE WEST WITH THE NORTH AND SOUTH QUARTER SECTION LINE OF SAID SECTION; THENCE FROM SAID POINT OF BEGINNING NORTH 89°56'00" EAST 660.70 FEET TO A ONE-INCH IRON PIPE AS SHOWN ON A MAP FILED IN BOOK 15, PAGE 4 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY; THENCE SOUTH 0°15'00" EAST 340.76 FEET TO A ONE- INCH IRON PIPE, AS SHOWN ON SAID SURVEY; THENCE SOUTH 139°55'30" WEST 660.75 FEET OT A PONT ON SAID WEST LINE OF THE SOUTHWESY QUARTER, DISTANT SOUTH 0°14'30" WEST 639.26 FEET FROM THE CENTER OF SAID SECTION; THENCE NORTH 0°14'30" WEST 340:86 FEET TO THE POINT OF BEGINNING. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on Apri630, 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 variance and to investigate and make findings and recommendations ih cpnnection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the applicant proposes waiver of the following provision to construct an ice cream partor within an existing hotel , (a) SECTION NO. 18.16.090.040 Minimum interior structural setback (15-foot wide fully landscaped setback required; 4_5 feet proposed) 2. That the above-mentioned waiver is hereby granted because the site is uniquely constrained by its irregular shape and narrow configuration and these are special circumstances applicable to the property which do not apply to other identically zoned property in the same vicinity_ CR\PC2007- -1- PC2007- 3. That the request waiver is necessary for the preservation and enjoyment of a substantial property right since there are multiple properties in the vicinity already developed with the benefits requested by this waiver, and .strict application of the zoning code would deprive the property of privileges enjoyed by other properties in the same vicinity and zone: 4. That the requested variance wilt not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located because the deviation requested is similar to other existing conditions in the community. 5. That "' indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Anaheim Planning Commission has reviewed the proposal to construct an ice cream parlor within an existing hotel and does hereby determine that the proposed project's environmental effects are within the parameters, assumptipns and time frames analyzed in the previously-certified Environmental Impact Report No. 313 for the Anaheim Resort Specific Plan and that it has considered the previously-certified Environmental Impact Report together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Variance, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the Citizens of the City of Anaheim: 1. That prior to issuance of a building permit or within 90 days from the date of the approval of this project, the applicable traffic signal assessment fee shall be paid to the City of Anaheim in an amount established by City Council Resolution. 2. That prior to the issuance of a building permit or within 90 days from the date of the approval of this project the developer shall pay a traffic and transportation improvement fee to the City of Anaheim, Traffic Engineering Division; in an amount established by the City Council Ordinance/Resolution. Prior to final building ahd zoning inspections the following conditions shall be complied with: 3. 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 3, and as conditioned herein. General Conditions: 4. 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: 5. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal. 6. That approval of this application constitutes approval of the proposed request only tb 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. -2- PC2007- 7. 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 herenabove 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 16 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 30, 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 April 30, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN W ITNESS W HEREOF, I have hereunto set my hand this day of 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION _3_ PC2007- j -- _ _.\ SECTION 4 ',~ PETITIONER'S STATEMENT OF Attachment -Item o-7--' JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: J~•I ~~•~~0. ~t%y (A sepazate statement is required far each Code waiver) PERTAINING TO: /S?O S. st~i~..~>rera Sections 18.03.040.030 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: 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 [he 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 arzive at a decisipn; please answer each of the following questions regarding the property for which a variance is sought, folly and as completely as possible. If you need additional space, you may attach additional pages. 1. Are4here special circumstances that apply to the property in matters such es size, shape, topography, location or surroundings? Yes _ No. If your answer is "Yes," describe the special circumstances: ~C/.6~7 LOTS 2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the same zone as your property? _ Yes ~No If your answer is "yes," describe how the property is different; 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? Yes _No answer if "yes;' describe the special circumstances: 4. Were the speciai circumstances created by causes beyond the control of the property owner (or previous property owners)? /Yes _No EXPLAIN: {e/ The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which would have the effect of granting a special privilege not shazed by other property in the same vicinity and zone which is dot other ise expressly autho ized by zone regulations governing subject property. Use variances aze not permitted. 3 ~=o Signature of Property Owner or A orized Agent Date V,4~ PaO. ~^:77 - ~ 4 7,2 2 CONDITIONAL USE PERMIT/VARIANCE NO. 376?5\~ECEMHER l?,?000 Item No. 8 T RCL G]-Gfi-GS VACANT g11 fR~~~P~( l5R R\J~~S~OE RS 3(SC) RCL 2001-00050 RCL 6J4i&56 T-VAR 2002-04525 VAR 2001-04443 T-SPT 2002-0000$ SPT 2001-00001 SPi 96-01 t OU FACH / LGISLI _~ / RLL BS~BSR RLL T&T433 1 PCUP 2950.04209 CUP ]]]5 cuP ns9 VAR ]010 FAIRFIELO INN ANAHEIM HILLS LGISLI CUP 2395 RCL Tt-Jb31 CUP i3T2 RCL fi)E0.55 CUP ]219 CUP 3007-05181 LUP 3316 NP ID944140T8 LUP 2261 T-CUP 299YOd99B CUP IT5T CUP T00J4HJ50 LUP 17]5 ChVYONPLNA NP2901-94426 CUP IT2T 6HGPPING LENIER LVP 2991.94496 Cl@t090 CVP 290L94241 VPP 209$04679 T-CUP 2000.04x09 VAR 4]33 CVP 4061 VAR420B LUP 4931 VAR 3036 CUP ]719 CUP JT4) VAP 2003 CUP 3672 LVP 3630 VAR 2]10 CUP 3819 CUP 3600 PCN 3007-000J] CUP ]699 LtIP 3221 1 OU EACH G~ O O Z m I LUP 2244 it / ~~ I 6 VAR 2pOS946J9 1111//~ 39 vAR 4zzz /1 0 VAR 4209 (//// \\~\ 6 VAR 3319 6 VAR2940 99 PLN 200J-OWJ] OPO Tlo~-04251 PNP~PNypNR T~M~~P 94x UP ]9 p~ SPNtP RS4 LRURCH Itl ~1 U EAC ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE Conditional Use Permit No. 2003-04800 TRACKING No. 2007-05199 Requested ey: ELLAS PROPERTIES, INC. VIA CORTEZ -MERCEDES BENZ OF ANAHEIM HILLS ~ozst Subject Property Date: April 30, 2007 Scale: Graphic Q.S. No. 108 N ALL' PROPERTIES AREIN THE SCEt ;RIDOR (SC) OVERLAY ZONE Date of Aerial Phoro: - Jo1v 2005 Conditional Use Permit No. 2003-04800 TRACKING No. 2007-05199 Requested ey: ELLAS PROPERTIES, INC. VIA CORTEZ -MERCEDES BENZ OF ANAHEIM HILLS Subject Property Date: April30, 20D7 Scale: Graphic Q.S. No. 108 10261 Staff Report to the Planning Commission. April 30, 2007 Item No. 8 8a. CEOA MITIGATED NEGATIVE DECLARATION (PREVIOUSLY APPROVED) (Motion) 8b. WAIVER OF CODE REQUIREMENT (Motion) 8c. CONDITIONAL USE PERMIT NO::2003-04800 (Resolution)' (Tracking NaCUP2007-05199) SITE LOCATION AND DESCRIPTION: (1) This' property is identified as 200 North Via Cortez (Mercedes-Benz of Anaheim Hills):.. REQUEST: {2) The applicant requests approval to amend plans and conditions of approval for a previously-approved automotive sales dealership to permit additional signs; modify the elevations and construct a canopy and outdoorvacuum facility under the authority of Code Section No. 18.60.190.030 (Amendmenfof Permit Approval) with waivers of the following ` provisions: (a) SECTION NO: 18.08.060.010.0101 Minimum landscape setback l10 feet7equired; 5 feet proposed) (b); SECTION NO. 18.18.090.010.0101 Minimum structural setback 90 feet required; 10 to 22 feet proposed) (c) - SECTION' NO. 18.18.090.050.0501 Maximum number of wall signs L sign permitted; 2 signs proposed) (d) SECTION`NO. 18.44.110.010. Maximum number. tvpe'ahd size of signs (72 square feet permitted for window signs; 720 square feet proposed) rBACKGROUND: (3) This propertq is currently developed with an automobile dealership and is located within the General Commercial, Scenic Corridor Overlay zone (C-G (SC)). The General Plan designates this property and properties to the east for Low Density Residential land uses. Properties to the south and west are designated for Neighborhood Commercial land uses. PREVIOUS ZONING ACTIONS: (4) The following zoning actions pertain to this property: (a) , Conditional Use Permit No: 2003-04800, a request to permit an automotive sales business, was approved by the City Counciton February 10; 2004: The approval included accessory rodf-mounted equipment wither structural heighfof 32 feefwith waivers of a) maximum numtier of wall signs; b) maximum structural height adjacent to a'single-family residential zone, c) minimum structural setback adjacent to a freeway and d)7equired landscape setback adjacent to an interior site boundary line abutting a residential zone,. Srcup2007-05199gsk.doc Page 1 Staff Report to the Planning Commission April 30, 2007 Item No. 8 {b) General Plan Amendment No: 2001-00415, aYequesttb amend the Land Use" Element of the Anaheim General Plan to redesignate the property from the Hillside Low-Medium Density Residentialiand use designation to the General Commercial lahd use designation and Reclassificatiort No. 2003-00113, a request to reclassify the property from the Residential., Single-Family; Scenic Corridor Overlay (RS-5000 (SC)) zone to the Commercial Limited; Scenic Corridor Overlay (CL (SC)) zohe were. approved by tfie City Council on February 10, 2004. (c) Subsequent permits have been issued pertaining to final elevatidn plans, time extensions and substantial conformance determinations. PROPOSAL: (5) The applicant proposes the following modifications to the prior entitlements for this dealership: (a) Increase a previously approved waiver of minimum landscape setback requirements adjacent to asingle-family residential zone along the south property line for storage of vehicles. The minimum required setback is 10 feet; the applicant is propdsing 5 feet. The prior approvals allowed setbacks ranging from zero to 10 feet along the soutft property line. The reduced setback was approved along the driveway south of the showroom building and adjacent to some vehicle display areas: (b) Permit a second wall sign for aMercedes-Benz "star' logo on the top left corner of the wesk elevation bf the showroom buildingi' The applidant's request will provide a total of twowalf signs on the building; Code permits bne wall sign per business unit. (c) Amend Condition No. 8 of Resolutidn No, 2004-26 to permit signs'on two elevations of the vehicleprepa~ation building. This condition readsi "8, That the petitioner shall submit a Final Site Plan to the Zoning Division for review and approval: Said plan shall show nb signage do the vehicle preparation building.: Any decision made by tfie Zdning Division regarding the FinalBign Plan may be appealed to the Planning Commission or City Cduncil. Said information shall tie`specificallyskown on the plans submitted for building :permits" The applicant is requesting four signs within a window area on the north elevation of the vehicle preparation. building to display images of Mercedes-Benz vehicles, and the relocation of the approved Mercedes-Benz. "star" Idgb wall sign from the ' showroom building to the east elevation of the vehicle preparation building: (d) To waive building settiack requirements adjacent to a freeway to construct a canopy and an outdoorvacuum facility between the vehicle preparation building and the sftdwroom: -The minimum building setback is 90 feet from ttie freeway right-of-way; tfle applicanYis proposing two canopies set back 10 feet'and 22 feet from the freeway right-of-way. (6) The site plan indicates an existing automobile dealership sales building, vehicle preparation° building, vehicle display areas and employee parking areas (refer to site plan, Exhibit No. 1). Vehicular access is provided via one driveway on Via Cortez. A five (5) foot wide Srcup2007-05199gsk.doc Page 2 Staff Report to the Planning Commission April 30, 2007 Item No. 8 Srcup2007-05199gsk.doc Page 4 Staff Report to the Planning Commission. April 30, 2007 Item No. t3 (13) The applicant is requesting to amend Condition No. 8 of Resolution No: 2004-26 to permit signs on the vehicle preparation building as described earlier... Condition No. 8 states that there shall be nd signage ohthe vehicle preparation building: The original ihtehfof this condition was to limit the amount of signs visitile from the freeway since the property is in the Scenic Corridor Overlay Zone1 The applidanthas rndidated that relocating the Mercedes-Benz star igh from the showroom building o the vehicle preparation building willsprovide better visibility to vehicles traveling westbound do the Riverside Freeway and that the relocatiohwilf nave nd effect on the'adjadent residences to the south: Staff concurs with this assessment and is suppdrtive of the?equest for the star ldgo sign relocation. (14) The north elevation of the vehicle preparation building has been constructed with 4 windows with a blank building wall 4 feet directly behind these windows. Thre car wash. tunnel behind this elevation is not visible from the windows. The applicant is proposing to display high quality graphics bf historical Mercedes-Benz vehicles ahd scenes oh the wall tiehind these winddws and states that these graphics would serve to entrance the elevation and' not serve as signage; Because the signs. are not affixed to the exterior wall of the. building; they would not be considered wall signs. Since the sighs would hot be attached to the window; they are technically not window signs by the strict interpretation of the code. Staff believes that the signs would function like wihdowsigns since they would be clearly visible through,the window and believes it appropriate to apply the window sign standard to these proposed signs.i Code allows winddw signs hot to exceed en (10)'percent of the window area, which is 72 square feet for these wihdows. The proposed sighs would total 720 quare feet. Since the sighs would feature graphic images ofvehicles; the display' would be similar to an actual window looking into a showroom, these window'signs are unique to this land use. Staff would be supportive of this requestprovided the sign panels -were limited td graptri6depictidns of vehrclesand did not include text, A coridition of `approval has been added tolimit he signspermitted. (15) The applicahf has requested to amend elevation and sign plans td add a Mercedes-Benz "star" logo'sign to the,tbp left corner of the west elevation of the showrodm building: The west elevation bf the showroom. isdeveldped with a wall. sign: reading "Mercedes-Behzbf Anaheim " The Scenic Corridor' Overlay Zone permits only one'sign for this elevatioh: The applicant's statement of justifidatrbh states that incdrpdrating he star logo sign into thee' existing sign would make the sigh too largeand imbalahced: Installing the ign on the top left comer of ttre building elevatron wduldbe more visually pleasing, provide increased visibility to the 91 Freeway ahd place the sign further from the adjacent residences. The applicant has also indicated that Mercedes-Benz corporate guidelrhes call for a separation ofany sign with its trademarked star from a sign cbntaininga dealer's name• While there are special circumstances applicable to this property pertaining tb size ahd shape which do not. apply to other property underidentical zoning classification in the vicinity; strict application of he Zoning Code does not deprive. the property of privileges enjoyed by other properties under identical zoning. classificatidh in the vicinity:; Staff does nonsupport this request fdrasecond wall sign on the west showroomelevation when the idehtified sign can be achieved thrdugft windowsigns br ihcorporating the logo ihtd the existing sign. (16) The applicaht proposes to provide setbacks Shat are less than what the code requires :adjacent to the freeway to construct two cahdpies ahd'ah outdoor vacuum facility between the vehrcle preparation building and the showroom.. The Code requires a 90 foot setback for buildings adjacent to freeways. The applicant is proposing two canopies, ohe on the east and dne on the west side of tfie north/south flood dontrof channel. The west canopy is Srcup2007-05199gsk.doc Page 7 Staff Report to the Planning Commission April 30, 2007 Item No. 8 proposed 10 feet from the north' property line; and the east canopy is proposed 22 feet from the property lihe. Staff believes that the construction of canopies arid vehicle cleaning operations adjacent to and visible from the freeway is notconsisteht with the intent of the - Code. The Code requifes tfiaf in commercial zones all uses shall be donducfed wholly within a building. This facility isburrently developed with a shdwroom; display areas for `vehiclesand vehicle'preparation facility. Staff recommends that all operations pertaining to the washing and cleaning of the cars sFiould occurentirely within the vehicle preparation: building as originally intended. To accommodate the`deliveryand demonstration of purchased vehicles; staff recommends that the applicant look'atan alternative permahent structure that is architecturally compatible with the existing buildings. Staff does not support the request to waive setback requirements to permit the canopies and vacuum facility. FINDINGS: (17) Before the Commissioh grants any major modification to a conditional use permit, ifmust make a finding of fact that the evidence presented shows that all of the following conditions. exist: (a) That the modification of use is properly one for which a conditional use permit i5 authorized by ttie Zoning Code; oris anunlistedLse as definsd in Subsection .030 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority); (b) That the modification will not adversely affect the adjoining land Uses or the growth. and developmenfof the area iriwhichit is proposed to be located; (c) That the size and shape of the site for the use is adequate to allow the full development of theproposed use ih a manner not detrimental to'the particular area or to the health and safety; {d) That the traffic generated by the modified usewill not impose an Undue burden upon the streets and highways designed and' improved to carry tfie traffic in the area; and (e) :That the granting of the modifications under the conditions imposed will not be detrimental to the 1lealtti and safety of the citizens bf the City df Anaheim.. (18) When practical difficulties or unnecessary hardships result from strict enforcement of the Zoning Code; a modification may be granted for the purpose of'assuting that no property, because of special circumstances applicable to it; shall be deprived'of privileges commonly enjoyed by other properties in the same vicinityand'zone: The sole purpose of any variance or code waiver is to prevenC discrimination and none shall be approved which would have the effectbf granting a special privilege notsttared by other similar prdperties. Therefore; before any variance dr cdde waiver is granted by the Planning Commission, it 'shall be shown: (a) That there are special circumstances applicable to theproperty such as size, shape;: topography; location dr surroundings, which do not apply to other identically zonedproperties in the vicinity; and Srcup2007-05199gsk.doc Page 8 Staff Report to the Planning Commission April 30, 2007 Item No. 8 (b)r, That strict application of the zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity. RECOMMENDATION: (19) Staff recommends that the Planning Commission take the following actions'as indicated in r the attached resolutions including the fihdings ahd cpnditions contained therein: (a) By motion, determine that the previously-approved Mitigated Negative Declaration is the appropriate environmental determination.:: (b) By motion, deny waivers (a) and (b) and approve waivers (c) and (d): (c) By resolution, approve in part, the request to modify Conditional Use Permit No. 2003-04800 (Tracking No. CUP2007-05199) ahd deny the request for the'outdoor vacuum station and canopies. THE FOLLOWING'CONDITIONS ARE SUBMITTED 8Y VARIOUS CITY DEPARTMENTS'AND ARE RECOMMENDED fOR ADOPTION BY THE PLANNING COMMISSION+IN THE EVENT THIS PERMIT AS REQUESTED BY THE APPLICANT AND ALLASSOCIATED WAIVERSARE APPROVED. Bold denotes modified or new condition. Stfiketlareugta denotes condition has and is not required with this approval. Prior to issuance bf a building permit or within'a period of one (1) year from'the date of this resolution:. whichever occurs first, the following conditions shalt be complied with: 1. That the property owner/developer shall be responsible for compliance with all the mitigation measures set forth' in Mitigation Monitoring Plan No, 122 created specifically fpr this project,. and forbomplying with the monitoring and reporting requirements established by the City i~ compliance with: Section 21081.6 of the Public Resources Code. Furthermore; the property owner developershall be responsible for any direct costs associated v/ith the monitoring ahd reporting YequiremeMs o ehsure implementation of the mitigatioh measures identified in Mitigation Monitoring Plari No'. 122; which aremade a part of these conditions of approval by reference. 2 That the applicant shall submit a Final Sign Plan to the Planning Services Division for review and approval: Any decision made by tFie Planning Services Division regarding the Final Sign z Plah may tie appealed. to the Planning Commission or City Council Said information shall be specifically showh on the plahs submitted for building permits. 3. That trash storage areas shall be provided and maintained'in locations acceptable to the Public Works Department; Streets and Sanitation Division and in accordahce withapproved plans on file with said Department.' Said storage areas shall be designed; located, ahd screened so as not to tie readily identifiable from adjacent streets or highways. The wells of the storage areas shall be'protected from graffiti opportunities bythe use of plants such as minimum one gallon sized clinging vines planted on maximum three (3) foot centers or tall shrubbery: Said information shall be specifically shown on tfie plans submitted for buildirig permits. Srdup2007-05199gsk.doc Page 9 Staff Report to the Planning Commission April 30, 2007 Item No. 8 4. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department Streets and Sanitation Division for review ahd approval. 5, That the design and placement of any proposed security bollards shall be submitted to'the Planning Services Division for review and apprdval: Any decision made by,tlie Planning Services Division regarding such plan may be appealed to the Planning Commission or City Council: Said information shall be specifically shown on the plans submitted for building. permits. 6. Thata plan showing the methods for preventing light from inside the main building from shining onto residential Tots to the south shalt be submitted to the Zoning Division for review and approval: Any decision made by the Zoning Division regarding. said plan may be appealed to the Planning. Commission or City Council:: Said information shall be specifically shown on the. . plahssutimitted for building permits: 7. That all roof and/or ground mounted equipment shall be contained within an acoustical enclosure and shall be completely screened from visibility to surrounding properties streets and the SR 9f Riverside Freeway in conformahce with'subsectibn 18.84.062.030.032 of Section 18.84.062 of the'Anaheim Municipal: Code pertaining to development standards for roof mounted equipment in the. (SC) Scenic Corridor Zone Overlay Said information shall be specifically shown on the plans submitted for building permits. 8. That a Final Landscape and Fencing Plan for the entire site specifying type size and location of proposed landscaping irrigation and fencing shall be submitted to the Planhing Services; Divisors for review and approval: Any decision made by the Zoning Division may be appealed to the Planning Commission or City: Council. Said information shall'be specifically shown on the plans submitted for building permits. Said plan shall include landscape screening for the north side of the vehicle preparation building to eliminate graffiti opportunities: 9. That because this project has landscaping areas exceeding two thousand five hundred (2500). square feet,'a separate irrigation meter shall be installed in compliance with Chapter 10.19 (Landscape Water Efficiency) of Anaheim Municipal Code and Ordinance No 5349:`. Said informationshalt be specifically shown on the plans submitted for building: permits. 10. That an on-site hash trucKturrs-around area shall be provided in accordance with Engineering Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn around area shall be specificallyshown on the plans submitted for building permits. 11: That the Iocatidns for future above ground utility devices including but not limited to electrical transformers water 6ackflbw devices gas communications and gable devices etc shall tie shown on the plans submitted for building permits: Such plans shallalso identify the specific screening treatment of each device (i:e:; landscape screening color of walls materials identifiers. access points; etc.) ahd shall be subject td review and approval'by the apprbpriate City departments. 12. That plans shall be submitted to the City Traffic and Transportation Manager for review and 'approval showing conformance with the currertirersiohs of Engineering. Standard Plan Nos. 436; 601; and 602pertaining to parking standards and driveway locations:. Subject property shall thereupon be developed and maintained in conformance with said approved plans. Srcup2007-05199gsk.doc Page 10 Staff Report to the Planning Commission April 30, 2002 Item No. 8 13. (a) That the plans submitted for building permits shall include information demonstrating that. the lighting from the signs shall not cause excessive light and/or glare towards the residences td the south. (b) That the on site advertising signs shall be illuminated only during hours of operation:: 14. That any required relocation of City electrical facilities shall be at the developer's expense: Landscape and/or hardscape screening of all pad mounted equipment shall be required and shall be shown an the plans submitted forbuilding permits: 15: That four (4) foot high street address numbers shall be displayed on the roof of the building in a contrasting color to the roof material. The numbers shall not be visible to adjacent streets or propertiesi Said information shall be specifically showHon plans submitted to the Police Department, Community Services Division for review and approval 16. That prior to commencement of business at thislocation or prior to occupancy of the building whichever occurs first, the;applicant shall file an Emergency Listing. Card Form APD 281 with the Anaheim Police Department. 17. That the applicant shall submit a Final Plan for the proposed canopies to the Planning Services Division for review and approval :The canopy cover shall be of a permanent material such as wood or metal. Any decision made by he Planning Services Division regarding the Final Plan may be appealed to the Planning Commission or City Council Said information shall be specifically shown'on the plans submitted for building permits. Prior to issuance of aradina permitor within a ae~iod of one 111 year whichever occurs first, the following conditions shall be complied with: 16. That the developetshall submit a grading plan td the Public Works Department Development Services Division for review and approval. Grading shall conform to the requirements of Chapter 17.06 Grading, Excavations, and Fills in Hillside Areas of the Anaheim Municipal Code. 19. That prior to commencement of any construction all necessary permits required. by the State of California shall be obtained to develop over the flood control channels;. 24 That any lighting adjacent to the south .property line shall be arranged and directed so as to reflect the light away from the adjoining residential properties and shall' not exceed a height of twelve (12) feet; provided, fiowever; that the lighting adjacent to the freeway may: be increased: to a height not to ezceed'eighteen (16) feet if said height increase has the sameJghting affect on the adjoining residential properties to the south as twelve (12) foot high Tight standards would have. Said information shall be specifically shown on the planssubmitted forbuilding permits:: 21. That all plumbing or otherstmilar pipes: and fixtures located on the exterior of the building shall be fully Greened by architectural devices and/or appropriate building materials and thatsuch information shall tie specifically shown on the plans submitted for building permits. 22. That the legal property owner shall prepare a Water Quality Management Plan. WQMP specifically identifying the best management practices that will be used on site to cantrof predictable pollutants from storm water runoff: The WQMP shall be submitted to the Public Srcup2007-05199gsk.doc Page 11 Staff Report to the Planning Commission April 30, 2007 Item No. $ Works Department Development Services Division for review and approval prior to obtaining a -grading permitP Prior to final building and zoning inspections the following conditions shall be complied with: 23. (a) That the developer shall submit street improvement plans for the intersection of Via Cortez and the driveway to the commercial center oh the west side of Via Cortez to the Public Works Department Developmehf Services Division for review and approval. (b) That said street improvements as approved shall tie installed prior to final zoning and building inspections. General Conditions: 24. That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided O equivalent timing is established that satisfies the origihaf intent and purpose bf the condition(s), (ii) the modification complies with the Anaheim Municipal Code, and'(iii) the applicant has demonstrated significant prdgress toward establishment of the use or approved structure. 25. ' ' That the four signs on the north side of the vehicle pr•eparatiort building shall be limited to high quafity'graphics depicting-imagesbf Mercedes-Benz vehicles only. No text of 'any kind shall be permitted odthe signs.'No advertising of sales, promotions, orany other form of advertising is permitted on these signs. 26. That no required parking area shall be fenced or otherwise enclosed for storage or other duttlddr use. 27: That outdoor special events shall be subject to review and approval by Zoning DivisioKstaff andshall be conducted (n a manner that will hotadversely affecfthe adjoining residential land uses' Ariy decrs(on matle by the'Zohingbivision regarding such an'event may be appealed to the Planning Cbmmission'br City Council as' a Reports'ahd Recommendatibnsltem. 28. `' That only ligfitvehicle preparation shall be permitted and that no repair or maintenance work shall be permitted. 29. Thata plan for test driving new vehicles atthis site shalt tie submitted to the City Traffic and Transportation Manager for review and approval: Said plan shall inco~pdrate a testdriving route. that dries ndtinclude any residentalstreets and the plan stiall be implemented continuously during the course of tFre'operations permitted under thrs Conditional Use Permit 30. That vehicles shall not be delivered by automotive transport trucks. `AII inventory shall be independently delivered to this site (i.e:, each vehicle shall be individually driven to this site). 31. That the property shall tie permanently maintained in an orderly fashion through the provision of ~egularlahdscaping maihtenande ~emdval of trash or debris and Yemoval of g~affitiwithin twerity four 24 hours from time bf occurrence. 32: That any tree and/or Landscaping planted on site shall be replaced in a timely manner in the event that it is removed damaged diseased and or dies. Srcup2007-05199gsk.doc Page 12 Staff Report to the Planning Commissiori April 30, 2007 Item No. t3 33. < That the water backflow equipment shall be above ground and located outside the required street setbacK area end fully screened from all public streets! Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division iri either underground'vaults or outside the requiredstreetsetback area iria mahner fully screened frdm allpublic streets. Said information shall be specifically shownbh plans submitted to the Water. Engineering and Cross Conhectionlhspectorfo~~eview ahd approvaC` 34. That the' accessory car wash building shall comply with all state laws ahd local ordinances for Water Conservation Measures. 35. That the developer owner shall submit a set of improvement plans to the Public Utilities Water Engineeringbvision fdrTeview and approval'to determine the conditions necessary fore. providing water service td the project 36. That gates shall hot be installed across' any driveway in a mannerwhich may adversely affect. vehiculaFtraffic ih the adjadeht public streeE Installatioh of any gates shall conform to Engiheering`Standard Plan No: 609 and shatlbe subject to reviewand approval by the City. Trafficand Transportation Manager. 37. < That prior to submittal of the'water improvement plans thebeveloper owner shalt submit a water system master plan ihcludinga hydraulic distributidrt networkahalysis to the Public Utilities Water Engineering Division for review and approval. The master plan shall demonstrate the adequacy of the proposed on-site water system to meet the project's water demands and fire protection requirements. 38. That prior to application far water meters or fire likes or submitting the water improvement plans for approval the developer owner shalt submit an estimate of the maximum fire flow rate .and the average day maximum day ahd peak hour water demands for this projecfto the Public. Utilities Department Water Engineering Division: This informatioRwill be used td determine the adequacy of the existing water system to provide for the estimated`water demands. Any off site. water system improvemehts required to serve the project shall be installed in'accordance with Rule No `15A.6of the Water Utility Rates Rules and Regulations. 39. That the legal property owner shall provide the City of Anaheim with an easement for electrical service lines`to be determinedas electrical desigh is completed: Said easement shall be submitted to the City ofAhaheim prior to conrtection of electrical'service. 40. That the daily hours of operation shall be limited to lam td 9 pm as stipulated by the applicant.: 41. Thafno loud speakers shall be permitted. 42. That no off-site signage shall be permitted. ger~rr+ts Srcup2007-05199gsk.doc Page 13 Staff Report to the Planning Commission April 30, 2007 Item No. 8 43. Thafsubject property shall be developed substantially in accordance with plans and specificatiohs submitted to the Cityof Anaheim by the applicahtand which plans are on file with the Plannirg Department marked Exhibit Nost 1 through 10 and: Revision T, of Exhibit No. 1, ahd as conditioned herein including that the maximum structural height shall be thirty two (32) feet 44. That approval of this application constitutes approval of the proposed requestonly 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 bf the request regarding any other ordinance; regulation or requirement. 45 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) he applicant has demonstrated significant progress toward establishment of the use or approved structure. Srcup2007-05199gsk.doc Page 14 [DRAFT] RESOLUTION NO. PC2007--"` A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION AMENDING RESOLUTION NO. 2006R-26 ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 2003-04800 (200 VIA CORTEZ ) WHEREAS, on February 10, 2004, the Anaheim City Council did, by its Resolution No: 2006R- 26, granted Conditional Use Permit No. 2003-04800 in part, to construct an automotive sales dealership with accessory roof-mounted equipment with a maximum structural height of 32 feet; and included the following condition: "8. That the petitioner shall submit a Final Site Plan to the Zoning Division for review and approval. Said plan shall show no signage on the vehicle preparation building. Any decision made by the Zoning Division regarding the Final Sign Plan may be appealed to the Planning Commission or City Council. Said information shall be specifically shown on the plans submitted far building permits" WHEREAS, the property is developed with an automobile sales dealership and is within the C- G (General Commercial) Zone. The Anaheim General Plan designates this property for General Commercial land uses; and is situated in the City df Anaheim, County of Orange, State of California, described as PARCEL 2 IN THE CITY OF ANAHEIM; AS PER MAP RECORDED IN BOOK 225, PAGES 20 THROUGH 22, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY: and WHEREAS, the applicant has requested an amendment to this conditional use permit to modify exhibits and conditions of approval for a previously approved automobile sales dealership, to permit additional signs, modify the elevations and construct canopies and an outdoor vacuum facility;: WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on Aprfl 30, 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 request to modify exhibits and conditions of approval for a previously approved automobile sales dealership, to permit additional signs; modify the elevations and construct canopies and an outdoor vacuum facility 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. 18.08.060.010.0101 Minimum landscaoe setback L feet required; 5 feet proposed) (b) SECTION NO. 18.18.090.010.0101 Minimum structural setback (90 feet required; 10 to 22 feet proposed) (c) SECTION NO. 18.18.090.050.0501 Maximum number of wall signs (1 sign permitted; 2 signs proposed) (d) SECTION NO. 18.44.110.010. Maximum number, tune and size of s g (72 square feet permitted for window signs; 720 square feet proposed) CR\PC2007- -1- PC2007- 2. That the requested waivers (a) and (b) are hereby denied. The site plan could be modified to provide the additional five feet of landscaping along the south property line because the site is not constrained by structures where this waiver is requested. The proposed waiver for.building setback is for structures that would support a land use that should be conducted within the vehicle preparation building. The land use is not appropriate therefore the waiver should be denied. The site design can be modified to accommodate code requirements and prior plans showed compliance with the landscape setback requirements. The proposed canopy is for work that can be conducted within the approved buildings. 3. That. the requested waiver (c) is hereby approved, approving the waiver to relocate a 49- square foot sign from the east elevation of the showroom building to the east elevation of the vehicle preparation building, because the relocation will provide better visibility to vehicles traveling westbound on 91 Freeway and that the relocation will have no effect on the adjacent residences to the south; 4. That the requested waiver (d) is hereby approved, to allow 4 window signs on the north elevation of the vehicle preparation building, providing an artistic enhancement to a blank building wall without text imagery. The images would be of vehicles and not advertising of promotional events or other types of typical signs and would be consistent with other types of vehicle display permitted on the property, 5: That the proposed canopies and an outdoor vacuum facility would 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 in a highly visible location that would be adversely affected by the additional clutter of two canopies that are not consistent with the architecture of the buildings and appear temporary. Furthermore, the site is constructed with a vehicle preparation building designed for the washing of cars and the vacuuming activity should also remain indoors. The canopies and an outdoor vacuum facility would not be consistent with, nor complement the surrounding land uses in the area; and 6. That the size and shape of the site is not adequate to allow full development of the canopies and an outdoor vacuum facility in conjunction with an automobile sales dealership in a manner not detrimental to the particular area; 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 site is located within an industrial area at the intersection of two arterial highways. The proposed modifications would not generate any additional trips and therefore, would not create an increased demand on the streets and highways in the vicinity; and 8: 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 additional signs, modify the elevations and construct canopies and an outdoor vacuum facility and does hereby find that the Mitigated Negative Declaration previously-approved in connection with Conditional Use Permit No. 2003-04800 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration.. reflects the independent judgement of the lead agency and that it has considered the Mitigated Negative Declaration together with any comments received during the putilic review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission for the reasons hereinabove stated does hereby approve in part, the request to modify exhibits and conditions of approval for a previously approved automobile sales dealership to modify the elevations to permit a wall sign on the vehicle preparation building:: BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby amend the conditions of approval in Resolution No. 2004R-26 pertaining to Conditional Use Permit No. 2003-04800 in their entirety to read as follows: _2_ PC2007- Bold denotes modified or new condition. StFikeitareugh denotes condition has been met since previous approval and/or is not required with this approval:. Prior to issuance of a building permit or within a period of one (1) year from the date of this resolution, whichever occurs first, the following conditions shall be complied with: 1: That the property owner/developer shall be responsible for compliance with all the mitigation measures set forth in Mitigation Monitoring Plan No. 122 created specifically for this project, and for complying with the monitoring and reporting requirements established by the City in compliance with Section 21081.6 of the Public Resources Code. Furthermore, the property owner developer shall be responsible for any direct costs associated with the monitoring and reporting requirements to ensure implementation of the mitigation measures identified in Mitigation Monitoring Plan No. 122, which .are made a part of these conditions of approval by reference. 2. That the petitioner shall submit a Final Sign Plan to the Zoning Division for review and approval. Any decision made by the Zoning Division regarding the Final Sign Plan may be appealed to the Planning Commission or City Council Said information shall be specifically shown on the plans submitted for building permits.:. 3: That trash storage areas shall be provided and maintained in locations acceptable to the Public Works Department, Streets and Sanitation Division 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 plants such as .minimum one gallon sized clinging vines planted on maximum three (3) foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 4. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department Streets and Sanitation Division for review and approval.. 5. That the design and placement of any proposed security bollards shall be submitted to the Zoning Division for review and approval. Any decision made by the Zoning Division regarding such plan may be appealed to the Planning Commission or City Council. Said information shall be specifically shown on the plans submitted for building permits. 6. That a plan showing the method 's for preventing light from inside the main building from shining onto residential lots to the south shall be submitted to the Zoning pivision for review and approval. Any decision made by the Zoning Division regarding said plan may be appealed to the Planning Commission or City Council. Said information shall be specifically shown on the plans submitted for building permits. 7. That all roof and/or ground mounted equipment shall be contained within an acoustical. enclosure and shall be completely screened from visibility to surrounding properties streets and the SR 91 Riverside Freeway in conformance with subsection 18.84.062.030.032 of Section 18.84.062 of the Anaheim Municipal Code pertaining to development standards far roof mounted equipment in the (SC) Scenic Corridor Zone Overlay Said information shall be specifically shown on the plans submitted for building permits., , 8. That a Final Landscape and Fencing Plan for the entire site specifying type size and location of proposed landscaping irrigation and fencing shall be submitted to the Zoning Division for review and approval. Any decision made by the Zoning Division may be appealed to the Planning Commission or City Council. Said information shall be specifically shown on the -3- PC2007- plans submitted for building permits. Said plan shall include landscape screening for the north side of the vehicle preparation building to eliminate graffiti opportunities. 9. That because this project has landscaping areas exceeding two thousand five hundred (2500) square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19>---- (Landscape Water Efficiency) of Anaheim Municipal Code and Ordinance No. 5349. Said information shall be specifically shown on the plans submitted for building permits. 10. That an on-site trash truck turn-around area shall be provided in accordance with Engineering Standard Detail No. 610 and maintained to the satisfaction of the Public Works bepartment, Streets and Sanitation Division: Said turn around area shall be specifically shown on the plans submitted for building permits: 11. 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 the plans submitted for building permits. Such plans shall also identify the specific screening treatment of each device (i.e., landscape screening color of walls materials identifiers access points, etc.) and shall be subject to review and approval by the appropriate City departments. 12. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the current versions of Engineering Standard Plan Nos. 436, 601, and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said approved plans. 13. (a) That the plans submitted for building permits shall include information demonstrating that the lighting from the signs shall not cause excessive light and/or glare towards the residences to the south: (b) That the oh site advertising signs shall be illuminated only during hours of operation. 14. That any required relocation of City electrical facilities shall be at the developer's expense. Landscape and/or hardsdape screening of all pad mounted equipment shalt be required and sfiall' beshown on the plans submitted for'building permits.. 15. That four (4) foot high street address numbers shall be displayed on the roof of the building in a contrasting color to the roof material. The numbers shall not be visible to adjacent streets or propertiesc Said information shall be specifically shown on plans submitted to the Police Department, Community Services Division for review and approval 16. That prior to commencement of business at this location or prior to occupancy of the building whichever occurs first, the applicant shall file an Emergency Listing Card Form APD 281 with the Anaheim Police Department. 17. That the developer shall submit a grading plan to the Public Works Department Development Services Division for review and approval. Grading shall conform to the requirements of Chapter 17.06 Grading, Excavations, and Fills in Hillside Areas of the Anaheim Municipal Code. 18. That prior to commehcemenfof any construction all necessary permits required by the State of California shall be obtained to develop over the flood control channels. 19. That any lighting adjacent to the south property line shall be arranged and directed so as to reflect the light away from the adjoining residential properties and shall not exceed a height of twelve (12) feet; provided, however, that the lighting adjacent to the freeway may be increased _4_ PC2007- to a height not to exceed eighteen (18) feet if said height increase has the same lighting affect on the adjoining residential properties to the south as twelve (12) foot high light standards would have. Said information shall be specifically shown on the plans submitted for building permits, 20. 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 and that such information shall be specifically shown on the plans submitted for building permits. 21. That the legal property owner shall prepare a Water Quality Management Plan WQMP specifically identifying the best management practices that will be used on site to control predictable pollutants from storm water runoff. The WQMP shall be submitted to the Public Works Department Development Services Division far review and approval prior to obtaining a grading permit. Prior to final building and zoning inspections the following conditions shall be comalied with: 22. (a) That the developer shall submit street improvement plans for the intersection of Via Cortez and the driveway to the commercial center on the west side of Via Cortez to the Public Works Department Development Services Division for review and approval (b) That said street improvements as approved shall be installed prior to final zoning and building inspections. General Conditions: 23. 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. 24. That the four signs on the north side of the vehicle preparation building shawl be limited to high quality graphics depicting images of Mercedes-Benz vehicles only. No text of any kind shall be permitted on the signs. No advertising of sales, promotions, or any other form of advertising is permitted on these signs. 25. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor use. 26. That outdoor special events shall be subject to review and approval by Zoning Division staff and shall be conducted in a manner that will not adversely affect the adjoining residential land uses. Any decision made by the Zoning Division regarding such an event may be appealed to the Planning Commission or City Council as a Reports and Recommendations item. 27. That only light vehicle preparation shall be permitted and that no repair or maintenance work shall be permitted. 28. That a plan for test driving new vehicles at this site shall be submitted to the City Traffic and Transportation Manager for review and approval. Said plan shall incorporate a test driving route that does not include any residential streets and the plan shall be implemented continuously during the course of the operations permitted under this Conditional Use Permit. 29. That vehicles shall not be delivered by automotive transport trucks. All inventory shall be independently delivered to this site (i.e., each vehicle shall be individually driven to this site). -5- PC2007- 30. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance removal of trash or debris and removal of graffiti within twenty four 24 hours from time of occurrence. 31. That any tree and/or landscaping planted on site shall be replaced in a timely manner in the.,..... event that it is removed damaged diseased and or dies. 32. That the water backflow equipment shall be above ground and located outside the required street setback area and fully screened from all public streets. Any other large watersystem equipment shall be installed to the satisfaction of the Water Engineering Divisioh in either underground vaults or outside the required street setback area in a manner fully screened from all public streets. Said information shall be specifically shown on plans submitted to the Water Engineering and Cross Connection Inspector for review and approval. 33. That the accessory car wash building shall comply with all state laws and local ordinances for Water Conservation Measures. 34. That the developer owner shall submit a set of improvement plans to the Public Utilities Water Engineering Division for review and approval to determine the conditions necessary for providing water service to the project. 35. 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 review and approval by the City Traffic and Transportation Manager. 36. That prior to submittal of the water improvement plans the developer owner shall submit a water system master plan including a hydraulic distribution network analysis to the Public Utilities Water Engineering Division for review and approval. The master plan shall demonstrate the adequacy of the proposed on-site water system to meet the project's water demands and fire protection requirements.. 37. That prior to application for water meters or fire lines or submitting the water improvement plans for approval the developer owner shall submit an estimate of the maximum fire flaw rate and the average day maximum day and peak hour water demands for this project to the Public Utilities Department Water Engineering Division. This information will be used to determine the adequacy of the existing water system. to provide for the estimated water demands. Any off site water system improvements required to serve the project shall be installed in accordance with Rule No. 15A.6of the Water Utility Rates Rules and Regulations. 38. That the legal property owner shall provide the City of Anaheim with an easement for electrical service lines to be determined as electrical design is completed. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service, 39. That the daily hours of operation shall be limited to lam to 9 pm as stipulated by the petitioner. 40. That no loud speakers shall be permitted. 41. That no off-site signage shall be permitted. _g_ PC2007- 45. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 10 and Revision 1, of Exhibit. No. 1, and as conditioned herein including that the maximum structural height shall be thirty two (32) feel 46. 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. 47. That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved structure.. BE IT FURTHER RESOLVED that, except as amended herein, Resolution No. 2006R-26 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 competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the .revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 30, 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 -7- 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 April 30, 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 -g- PC2007- PETITIONER'S STATEMENT OF Attachment -Item iVo. 8 IUSTIFICAT[ON FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: ,S (A separate statement is required for each Code waiver) ......... PERTAINING TO: To Hermit ~' landscanine adiacent to_nei>;hbors instead of 10' Sections 18.03.040.030 and ] 8.12.060 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: I. 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. Ifyou need additional space, you may attzch additional pages. 1. Are there special circumstances that apply to the property in matters such as size, shape; topography, location or surtoundings? g Yes _ No. If your answer is "Yes," describe the special circumstances: 15' sweet .easement separates site from .neighbors in addition. to.4'.landscapeset ac 2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the same zone as your property? };., Yes _ No If your answer is "yes," describe how the property is different: (1) Width of site in the north/ south direction in minimal (2) flood control channels along .the southern property line an. which bicart nro~eTty imi d y-lOnment 3. Do the special circumstances applicable to [he property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? X yes ~No if your answer if " es;' describe the special circumstances: Narrow width of site precludes normal .landscape setbacks and flood control channels limit development options 4. Were the special circumstances created by causes beyond the control ofthe property owner (or previous property owners)? _ Yes _ No -`EXPLAIN: Dimensions of .parcel and existence of flood control channels .are _ bevon~ control of owner The sole purpose f any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which ould have the effect of granting a special privilege not shared by other property in the same vicinity and zone which is not o erwiseexpressly authorized by zone regulations governing subject property. Use variances are not permitted. CALIBEIk- TORS INC. J' - Mazch 2, 2007 -- .. ~__ t ure of laropetty~}wner or Authorized Agent Date CONDITIONAL USE PEIL~IITNARL4NCE NO. 77625\DECEMBER 1?, 2000 Justification Waives dot **Please see at tachment** r.jj3 ~.4,~. Ln13 - ~?~ ~~ •7 ~n CALIBER MOTORS INC, PETITIONER'S STATEMENT of JUSTIFICATION for VARIANCE/CODE WAIVER Attachment -° Pertaining to: To permit 4' landscapine adjacent to neighbors instead of 10' The 10-foot landscaped setback was established in part for noise suppressiori purposes. However, a 15-foot sewer easement separates the property in question from the adjacent neighbors in addition to petitioner's 4-foot landscape easement resulting in an approximately i9-foot setback from the neighbors' masonry. sound wall. in .addition, numerous 36" box trees have been planted near the property line with the adjacent residences in an effort to further reduce noise encroachment. The requested 4-foot landscape setback is consistent with the average width of the landscape setback approved for the balance of the property on the southern property line adjacent to the residences. Therefore, a reduction of the 10-foot landscaped setback for the area in question would not have an adverse impact on the adjacent residences. ±? ~JO. ""13 - ~ ~ 8 o a PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: (A seporate statement is reqq~uired for each Code waiver) - PERTARvING TO: Modify Condition 118 to move the permitted wall sign from east .face of showroom building to easY.~elevation of vehicle .preparation building Sections 18.03.040:030 and 16.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: That there are special circumstances applicable to the property, including size, shape, topography, location or sunoundings, 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 propertyof 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. Are [here special circumstances that apply to the property in matters such as size, shape, topography, location or sunoundings? T Yes _ No. If your answer is "Yes," describe the special circumstances: Z. Are [he 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 Ifyour answer is "yes," describe how the property is different: 3. Do the special circumstances applicable to the property deprive it of privileges cuaently enjoyed by neighboring properties located within the same zone? Yes _No If your answer if "yes," describe the special circumstances: Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? _ Yes _ No The sole putp6sa of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved wdh would have the effect of granting a special privilege not shared by other property in the same vicinity and zone which is no otherwise expressly authorized by zone regulations governing subject property. Use variances are not permitted. CALIBE MOTORS INC. or Authorized Agent 376ZSDECEhlBER lT, 2000 March 2. 2007. Date CONDITIONAL USE PERMITNARIANCE NO. Justification Waiver. dot **Please see .attachment** _.tir' ~I~,. ~ n~3 _ ~ ~ ~ t} p CALIBER MOTORS INO. PETITIONER'S STATEMENT of JUSTIFICATION for VARIANCE/CODE WAIVER Attachment Pertaining to: Modify Condition #8 to move the permitted wall sien from east' face of showroom building to east elevation of vehicle preparation buildin>? A wall sign (Mercedes-Benz tri-pointed star} has been approved for the east face of the showroom building. We aze requesting that the approved location for this sign be changed to the east face of the vehicle preparation building (upper north corner, away from residences) in order to enhance the sign's visibility from the 91 Freeway. There would be no adverse impact to the residences adjacent to the site's southern property line. ;. t~ PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER. (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: (A separate statement is required fo eaphh CCode waiver) PERTAINING TO: Windows on north elevation of vehicle preparation rbtnlding Sections 18,03:040.030 and 18.12.06D of the Anaheim Municipal Code require [hat before any variance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: I. That there are special circumstances applicable to the property, including size,'shape, topo,aphy, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; arid 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 viciniry- 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 [he property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. L Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings?._Yes _No., If your answer is "Yes," describe the special circumstances: 2. Are the special circumstances tha? apply to the propery different from other properties in the vicinity which are in the same zone as your property? _Yes _ No If your answer is "yes;' describe how the property is different: Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? _Yes No If your answer if "yes;' describe the special circumstances: 4. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? _Yes _No EXPLAIN: The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall 6e approved whit ould have the effect of granting a special privilege not shared by other property in the same vicinity and zone which is not erwtse expressly authorized by zone regulations governing subject property. Use variances are not pennined. CALIBER t TORS INC. _ ~~ .March 2, 2007 _. Signature-o -Property-Owner or Authorized Agent Date CONDITIONAL USE PERMITNARIANCE N0, 3'Jfi2sV)ECEMBER 12, 2f100 lusti6calion Waives dal **Please see attachment** CALIBER :MOTORS INC. PETITIONER'S STATEMENT of JUSTIFICATION for VARIANCE/CODE WAIVER Attachment Pertaining to: Windows on north elevation of vehicle preparation building The City-approved plans provide for four, 10-foot by ZO-foot windows on the north elevation of the vehicle preparation building. A wall approximately four feet from the inside of the face of these windows was build to shield the view of the car wash tunnel inside the building from the view of the passing motorists on the 91 Freeway. Rather than leave this a blank wall that would; we believe, detract from the positive visual impact of the building as seen from the freeway, we are proposing the installation of high-quality graphics on the wall that would be reflective of historical Mercedes-Benz vehicles .and scenes and not necessarily represent vehicles that we currently have available for sale. Thus, by using large-scale historical and artistic photos, drawings, or other artwork, we would be spared from constantly changing the graphics at high expense as vehicle models changed. The scenes that would be visible from the freeway through these windows would be in the nature of appealing, visually enhancing artwork, not advertising. ,. .,, ,.~13 -~4a~ o l:'i~~ j~I J. PETITIONER'S STATEMENT OF ]USTiFICATION FOR VARIANCE'/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: A sepparate statement is PERTAINING TO:I'faiver oI: minimum number o wall signs on r lade waiver (west a evati Sections 18.03.040.030 and 18. (2.060 of the Anaheim Municipal Code require that before anyvariance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: .: L That there are specia( 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 [he zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order [o 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 propem for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? _Yes _ No. If your answer is "Yes;' describe [he special circumstances: 2. Are the special circumstances [hat apply to the property different from other properties in the vicinity which are in the same zone as your property? _Yes _ No [f your answer is "yes," describe haw the property is different 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? _Yes ~No if your answer if "yes," describe the special circumstances: 4. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? _Yes _No EXPLAIN: By The sole purpbse of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved wf~tich would have the effect of granting a special privilege not shared by other property in the same vicinity and zone which is not otherwise expressly authorized by zone regulations governing subject property. Use variances are not permitted. CALIBER MOTORS INC. ,,o/l' March 2, 2007. Sigiiatute 6F)'rogdtfv owner or Authorized Agent Dale J7625\DECEMBER t2, 2000 J~slincatian Waiver. dm CONDITIONAL USE PERMITNARIANCE NO. **Please see attachment** ,, ;;jtJ ~.'.t nn13 ~ ~ 4 g .,, 4. CALIBER MOTORS INC. PETITIONER'S STATEMENT of JUSTIFICATION for VARIANCE/CODE WAIVER Attachment Pertaining to: Waiver of minimum number of wall signs on showroom buildin>? (west elevation A wall sign has been approved for the west elevation of the showroom building. It was our intention to have this sign read "Mercedes-Benz of Anaheim" with the Mercedes-Benz tri- pointed star adjacent to the lettering. However, we are seeking a waiver to permit us to separate the lettering from [he Mercedes-Benz star and place the star on the upper comer of the north side of the west elevation. We are requesting this change for several reasons. First, the sign as intended would, we believe, be too .massive and 'unbalanced with the star to one side of the lettering. By moving the star to the upper, north corner, ii would be more visually pleasing, provide increased visibility for us on the 91 Freeway, and would move the star further from the residences adjacent to the southern property line of the site. Furthermore, guidelines established by our manufacturer, Mercedes-Benz, call for a separation of any sign with their trademarked tri-pointed star from a sign containing a dealer's name. This proposal, we feel, will improve the look of the showroom building when approached from the west, and the combined size of the signs will not exceed the maximum permitted. 1 PETITIONER'S STATEMENT OF 7USTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: (A separate statement is required for each Code waiver) PERTAINING TO: To Hermit two canopies and vacuum nozzels outside of vehicle orenaratior building Sections 18.03.040.030 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: Ifyou need additional space, you may attach additional pages. 1. Are there special circumstances that apply to the property in matters such assize, shape, topography, location or surtoundings? _ Yes _ No. Ifyour answer is "Yes," describe the special circumstances: 2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in [he same zone as your property? _ Yes _ No Ifyour answer is "yes," describe how the property is different: 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? Yes No - - Ifyour answer if "yes," describe the special circumstances: 4. PJere the special circumstances created by causes beyond the control of the property owner (or previous property owners)? _ Yes _ No EXPLAIN: sole pui;Sose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be oved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone :h is r?ot otherwise exQressly authorized by zone regulations governing subject property. Use variances are not permitted. Tnvu xtmm~nn Tu Sy ,~'::::;_, March 2, 2007 Sign~of Property Owner or Authorized Agent Dale CONDITIONAL USE PEIL~tITNARIANCE NO. ]762N]ECEMBER t2, 2000 ]usaticmion wafvec C°t **Please see attachment** (-~~ ~.,~~. ^~13 - ~ 4 e o a CALIBER MOTORS INC. PETITIONER'S STATEMENT of JUSTIFICATION for VARIANCEICODE WAIVER Attachment Pertaining to: To Hermit two canopies and vacuum nozzles outside of vehicle preparation building We are proposing the construction of two, high-quality canopies adjacent to each of [lte buildings on the site. The canopies would be constructed of steel frames with curved fabric coverings (please see photo examples on plans). The first canopy would be placed on the easf side of the showroom building and would be used to deliver newly-purchased vehicles to customers. This would provide an area protected from sun and rain in which we could explain to customers the features of their vehicles, how to operate the increasingly complex vehicle systems and accessories, and to provide a place for the lighting necessary to accomplish these tasks at night. The second canopy would be located on the west side of the vehicle preparation building and would provide a spot protected from the sun where vehicles could be given a final, hand drying-off after they came out of the interior car wash tunnel. Also, with the addition of the three exterior vacuum nozzles we are requesting be approved, any final vacuuming of vehicle interiors that might be required could be accomplished. These vacuum nozzles will not produce any exterior noise as the motors that drive the vacuum units are inside the building, and the vacuuming process will, therefore be almost silent. Consequently, there would be no increase in noise that might be objectionable to the adjacent residences. It is our belief that not only will the utility of our operation be increased with these changes, but the site will be significantly visually enhanced with the additioh of the two artisCic, high quality, and quite costly canopies. !'' ~n ":1~ (x'13 R y U o Item No. 9 I ~\ 1 S~ 3 ~~ ~~ \ ~ ~ \~ ~. ~ 2 ~ SP 92-2 RCL 6fi-67-61 (BC) CUP2884 - --- SP 92-2 CUP 2724 RCL 6fiE7-61 (76) CUP 1679 CUP 2664 CUP 735 ~ ~ CUP 735 VAR 3342 ~ {- ~ 1 RED ROOF INN ANAHEIM RESID NCE INN ( ~ /-\ ~ S SP 92-2 SP 93-t VAR 2002-04543 SATELLITE RCL SS-67-01 (ios) VAR 2002-04596 CLEANERS RCL 6G67E7132) RCL SG5]- RCL fib-67-61 (496) TtUP 2002-04604 CANDLEWOOD SUITES RCL 56-57-31 Q SP 93-1 a. RCL 66fi7-61 (166) ` SP 93-1 RCL 56-57-31 SP 93-1 RCL fib-67-fii (106) '. RCL fiG6761 (1961 ~ RCL 56-57-31 RCL SG57-0 W SATELLITE EXTENDED STAY F SP 92 2 PEACOCK SUITES -1 EANERS AMERICA W RDLfiGfi7-01(108)., RESORT HOTEL ~ RCL SG57d ~ ~ CUP 200]-05196 ' m RCL 565]-31 to ~ VAR 953 RCL 666]4ii (t90) AMERICAN INN 86UITE5 SP 93-1 } LINEN SUPPLY - _ RCL 66-67-61 (106) W sP sz-z RCL 56-57-31 ' tV Z fib-6T-0i ~v96) m T-VAR 2006-04714 ' - Q AR 2345 s1 ~ o'. VAR 2005-04642 TNT A CAR ~Na {RCL56.57-92) 369' are~+<, ~W~n~ (CUP 3053) SP 92-2 ~ ^ap1j~ SP 92-2 °i w RCLfiGfi7-81 (100) rr ) y ~~ a CUP 3241) RcL 56.57.8 CL 565-31p0 p¢N (CUP 53) CUP 2095-05938 SP 92-2 u'n'o' CUP 638 ~~~ RCL 6G674ii (198) v,® cup 2371 ~ ¢ VACANT _ cup 2597 W Rn R~6TA1 n41 ~~ ~ SMALL SHOPS ~ vnR Ze9s KATELLA AVENUE m tv m AVIS m m ~ ~ _ ~ ~,pNCO NI`COZ vO N~~~ NON"m m~mN¢ SP 92-1 N`4 rn~~ wt6 no:a~ yJ~ Q 11694' CUP 1664 No•N NJ7S ~JU>jj oo~~ :KING PARKING a ~¢ ~ U > Ua, rn cJi~ ARENA INN & SUITES - ~ 1 SP 92-2 RCL 96-0]-20 RCL5G59-0 CUP 2592 VAR 1563 VAR 1523 SATELLRE RETAIL CENTER SP 92-2 ACL 2994-99135 RCL 6fi-@7-28 RCL SG59.4 CUP 2994-04922 VAR 1563 ~ VAR 1523 lJ l PCN 2994-09976 . l.U RESTAURANT F-. SP 92-1 ~ RCL 62-63-35 (Res of Intent to RM-1006) H RCL a2-83-26 ~ RCL 66-67-61 _ (Res of lnl to C-R) CUP X-15 ALL PROPERTIES ARE IN THE A NAHEIM RESORTThI Conditional Use Permit No. 2007-05198 Subject Property Date: April 30, 2007 Requested By: STEINER CORPORATION Scale: 1" = 200' Q.S. No. 87 1740 South Zeyn Street and 1755 South Anaheim Boulevard - Alsco. .1 1ozs2 ~ RCLL666]-0111001 RLb5G5].0 P 292> ~9~] aura stop SP 92-2 FLAKY JAKE'S RESTAURANT Conditional Use Permit No. 2007-05198 Requested By: STEINER CORPORATION 1740 South Zeyn Street and 1755 South Anaheim Boulevard -Alsco. Subject Property Date: April 30, 2007 Scale: 1" = 200' Q.S. No. 87 iozsz ALL PROPERTIES ARE IN THE ANAHEIM RESORTTM', Staff Report to the Planning Commission April 30, 2007 Item No. 9 9a. CEQA ENVIRONMENTAL IMPACT REPORT N0 313 (Motion) (PREVIOUSLY-CERTIFIED) 9b: WAIVER OF CODE REQUIREMENT (Motion) 9c; CONDITIONAL USEPERMIT NO. 2007-05198 ; (Resolution) SITE LOCATION AND'DESCRIPTION: (1) This property is identified as 1740 South Zeyn` Street, 1755 and 1763 South Anaheim Boulevard - Alsco, Incorporated. REQUESTi- (2) The applicant requests approval of a conditional use permit to expand a legal non- conforming cdmmercial aundry,facility under authorityof Code Section Nos. 18.116.020.050.0503.01`and 18.1.16.070.040.0402 (Nonconforming Uses- Expansion) withwaivers of the following provisions: (a) SECTION NO. 18.116.090.020' Minimum landscape and structural setbacK adjacent to Zevn Street and Anaheim Boulevard. (20 feet required; 0-16 feet proposed) (b) SECTION NO. 18.116.100.020 ` Maximum permitted fence height. l8 feet permitted; 24 feet proposed) (c) SECTION NO. 18.116.140.1102 Minimum distance between driveways serving adjacent parcels: 40 feet required; 20 feet proposed) (d) SECTION NO.18.42.040.010 Minimum number of parking spaces. 83 required; 77 proposed) BACKGROUND: (3) This'property is currentlydeveloped with a commercial laundry facility and is located in the Anaheim Resort; Commercial Recreation Development Area (SP92-2; D.A: 1) Zone. The General Plan designates this property and properties to the north, east; west, and southeast for Commercial Recreation land uses and the property to the southwest for Institutional landUSes (future electricatsubstation). Srcup2007-05182kiw.doc Page 1 a Staff Report to the Planking Commission Apri130, 2007 Item No. 9 (refer to Exhitit Nos. 3 and 4). Tfte expansion proposes an 11,716 square foot net addition td the commercial laundry facility and a new trash enclosure. (6) The applicantproposes the following structural and landscape setbacks for the buildings: Direction bode Required / Proposed Code Required /Proposed Structural Setback Landsca a Setback North (adjacent to 10 Feet / 0 Feet* 10 Feet / 0 Feet' hotel South (adjacent to 10 Feet / 60 Feet 10 Feet / 0 Feek` commercial East (adjacent to 20 Feet 110 Feet 20 Feet / 10 Feet Anaheim Boulevatd West (adjacent to ` 20 FeetY 40 Feet 20 Feet / 0 - 16 Feet Ze n Street Staff Report to the Planning Commission. April 30, 2007 Item No. 9 ~. ..t,,,. ~c"~ '"~"k~r=d.. ~; ~?y'v2" ss yF.3~~~ ~~~s~~~u,`V~''~"'~ ~~-~.~~-,<,2~ ~ /~,^~~ k' ~.N~' ~~ ~ s ~~' "~ a 4~r ~ r ~~~Z, ~~t f ~t 3`~ ~~' ,e ,ter ~f _~*~ ~ ~' .-~,~ R..? ..: ~ %f"'<d~fex~' S`=. -~=~j'-s^'s-x xya. Fo-ers.~rt ~¢" ~~ ~ s. ~ ~~ a- r i § ~s-k~ ~-aa... s `~~ ~ ~~rt(., z~'-: ..+~ ~~ 3 t t`'"v t %H~` ~ryk E r ~ 1 ~t _...vw~ ~ ~ J ~ w.~ ~ < ; -p 1, ~.~ i L; .r.~ r~ t y-° i r E ~.e ^~.k ° [ v ~~ F yQ oe.~y Proposed East Eleuatioh (facing Anaheim Boulevard} (9) The letter of operation indicates the commercial laundry facility has one (1) shift Monday through Friday 4 a:m, to 12:30 p.m. The purpose of theproject is to expand the sorting and counting: department, and to maintain the business in an enclosed environment; out of view from the adjacent hotels and public streets: The applicant indicates that Phase 1 of this project would commence immediately and. Phase Zwould commence within 2 years of the completiortof Phase Y ENVIRONMENTAL IMPACT ANALYSIS: (10) Staff has prepared an initial study and finds that the previously-certified Environmental .Impact Report No 313 for the Anaheim Resort Specific Plan No. 92-2 inadequate to serve as the required environmental dooumentatipn for this request. Staff has prepared Mitigation Monitoring Plan No: 075 for the proposed project incorporating tfiose.mitigation measures included in the Anaheim Resort Mitigation Monitoring Program. Nos OOt35 that are applicable to the project. EVALUATION: (11) The expansion ofnon-conforming uses and structures are permitted in the Anaheim Resort Specific Plan subject to the approval of a conditional use permit:'. The enhancement of all buildings which wouldbring the use and structures into greaterconformitywith the code is encouraged: r`(12) The applicant proposes landscape and building setbacks adjacent to Zeyn'Street and Anaheim$oulevard that are less then code requirements. Code requires a landscape and structural setback of 20 feet abutting Zeyn Street and'Anaheim Boulevard and 0 to 16 feet is proposed: The property is an'irregular shape which limits the ability to comply with this. requirements In addition, the existing buildings which will remain, further constrain the `ability to provide the minimum setbacks, required parking and adequate circulation for both passenger vehicles antl trucks, As seen in the aerial. below, there are no landscape setbacks and minimal structural setbacks along Zeyn Street and Anaheim Boulevard:. The proposed setbacks would be equal or greater than what is currently provided. In order to bring the property into greater conformity with the Anaheim Resort development standards, the applicant proposes to re-stripe the parking IoYand increase the landscaping in the Page 4 Staff Report to the Planning Commission April 30, 2007 Item No. 9 electcicaf substation and relocate the existing driveway forty (40) feet southbf the shared ' " property line; at which: point the waiver. would no longer be needed. Based'on the temporary nature of the adjacent driveway, staff supports this waiver. (15) The applicant also requests to provide less parking than what the code requires. Code requires a minimum of 83 parking paces for' the commercial laundry facility; and 77 are proposed. The applicant has submitted a parking study prepared by Clyde; E. Sweet and Associates; dated April'2007, to substantiate the requested parking waiver:: A parking survey was`conducted during operating hours and the results of the survey ihdicate a maximum demand of 23 parking spaces for trucks and 52 parking spaces: for vehicles for a total of 75 spaces during the survey periods The City's traffic consultant has reviewed the parking analysis and has determined thaf the proposed parking is sufficienffor the ezpansionof the commercial launtlry facility: (16) Staff is supportive of the request to expand the existing commercial laundry facility. The proposed expansion would bring,the site into greaterconformitywith current cdde requirements by improving the parking lot and landscape areas.' This property is surroundedby hotel uses and includes highly visible 2-story buildings; therefore, staff is 'recommending a condition of approval requiring review by the City's architectural consultant for compliance with the design guidelinesof the Anaheim Resort to ensure that the proposed architecture is compatible with the surrounding buildings. Other recommended standard conditions of approval would'ensure proper maintenance, landscaping; anitatiort, and screening of eny new roof-mounted equipment. FINDINGS: (17) Section 18.42.110 of the parking code sets forth the following firstlings which are required to be made before a parking waiver is approved by the Planning Commission: (a) That the waiver, under the conditions imposed, ifany, will not cause fewer off-street parking] spaces to be provided for such use than the number of such spaces necessary to accommodate'all vehicles attributable to such use under the normal and reasonable foreseeable ooriditiohs 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 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 off-street parking areas or lots provided for such use. (e) That the waiver; under the conditions imposed; will not impede vehicular ingress to of egress from adjacent properties upon the public streets in the immediate. vicinity of the proposed use. Page 6 Staff Report to the Planning Commission: April 3q 200T Item No. 9 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 contingenf upon operation of the proposed use in conformance with the assumptions relating to the operation and intensity of the use as contained in the Parking Demand Study that formed the.. basis for approval bf the waiver: Exceeding; violating, intensifying or otherwise deviating from any of the assumptions as contained in the Parking. DemaridStudy shall be deemed a violation of the express conditions imposed upon the waiver; which shall subject the waiver to revocation or modification pursuant to theprdvisions of Section 18.60.200 (City-Initiated Revocation br Modification of Permits). (18) Wtien practical difficulties or unnecessary hardships result from strict enforcement of the. Zoning Code, a modification may be granted for the purpose of assuring thatno property, because of special circumstances applicable to it, shall be deprived of privileges dommonly enjoyed by other properties in the same vicinity and zone. The sole purpose of any variance or code waiver is to prevehf discrimination and none shall be approved which would have the effect of granting a speciat privilege not. shared by other similar properties. Therefore; before any variance or code waiver is granted by the Planning Commission, it shall tie shown:' (a) That there are special circumstances applicable to the property such as size, shape, topography, IocationoFsurroundhgs; which do not apply to other identically zoned properties in the vicinity; and (b) That strict applioatian of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zonjhg'classification in the vicinity. (19) Before the Planning Commission grants any conditional use permit; it must make a finding of fact that the evidence presented shows that elf of the followingoonditidnsexist: (a) That the use is properly one for which'a conditional use permit is authorized by the Zoning Code, br is an unlisted uee as defined in Subsection .030 (Unlisted Uses Permitted) of Section18.66.040 (Approval Authority); (b) That the use wilt not adversely affecfthe adjoining land uses or the growth and' development of the area in which it is proposed to ba7ocated; (c) That the size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety; (d) That the traffic generated by the use will not impose an undue burdenupon the streets and highways designed and improved to carry the traffic in the area; and (e) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City bf Anaheim. Page l Staff Report to the Planning Commission April 30, 2007 Item No. 9 RECOMMENDATION: (20) Staff recommends that the Planning Commission take the following actions as.indicated in the attached resolution including tfie findings and conditions contained ftetein; (a) Bymotion, determine that the previously-certified Environmental Impact Report No. 313 is adequate for this proposed use. - (b) Bymotion, aop~ove waivers (a), (b), (c), and (d). (c) By~esolution, ap rove ConditionalUse Permit No' 2007-05198. Page 8 [DRAFT] RESOLUTION NO. PC2007--'*' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05198 BE GRANTED - -- (1740 SOUTH ZEYN STREET & 1755 AND 1763 SOUTH ANAHEIM 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 THE SOUTH 185 FEET OF THE NORTH 270 FEET ON THE WEST 200 FEET OF THE EAST 440 FEET OF THE SOUTH HALF OF THE SOUTH HALF OF' THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE & MERIDIAN, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS SHWON ON A MAP RECORDED IN BOOK 51, PAG 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA: WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 30, 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 expand a legal nonconforming commercial laundry facility is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code Section 18.116.020.050.0503.01 and 18.116.070.040.0402 (Nonconforming Uses -Expansion) with waivers of the following provisions: (a) SECTION NO. 18.116.090.020 Minimum landscape and structural setback adiacent to Zevn Street and Anaheim Boulevard. 20 feet required; 0-16 feet proposed) (b) SECTION NO. 18.116.100.020 Maximum permitted fence height. la feet permitted; 24 feet proposed) (c) SECTION NO. 18.116.140.1102 Minimum distance between driveways serving adiacent parcels. L feet required; 20 feet proposed) (d) SECTION NO. 18.42.040.010 Minimum numberbf parking spaces. 83 required; 77 proposed) 2. That the above-mentioned waiver (a) is hereby approved as the site is an irregular shape and the location of existing buildings further constrains the ability to provide the minimum landscape and structural setbacks. The existing property is not developed with any landscape setbacks, and the proposed landscaping is greater than what is currently provided and would enhance the property. 3. That the above-mentioned waiver (b) is hereby approved because the solid metal fence would screen the existing chemical tanks which are currently not screened and visible to the abutting hotel Cr\PC2007- -1- PC2007- rooms to the east. The proposed height of the screen would bring the property into greater conformity and minimize the existing negative visual view of the tanks from the adjacent hotels. The screen would not be visible from the public right-of-way because the buildings along Anaheim Boulevard and Zeyn Street are of greater heights. 4. That the above-mentioned waiver (c) is hereby approved because the property to the south would be developed in 2008 by the City which include plans to relocate the existing driveway forty (40) feet south of the shared property line. This property is unique because it abuts a City substation site: "This waiver would only be temporary and would no longer be needed after the City develops the site to the south. 5. That the parking waiver is hereby approved based upon the parking demand study prepared by Clyde E. Sweet and Associates, providing evidence that adequate parking would be provided on the property for the expansion of the commercial laundry facility. 6. That the parking waiver, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for the commercial laundry facility than the number of spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonable foreseeable conditions of operation 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. 7. 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 commercial laundry facility will have adequate parking to accommodate the project's peak demands and the expansion would not result in an increased amount of employees. 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 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. 9. That the proposed commercial laundry facility 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 determine the proposal is within the scope of EIR No. 331 for the Anaheim Resort Specific Plan. _2_ PC2007- NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the Citizens of the City of Anaheim: 1. That 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 abouk 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 2. That 4-foot high street address numbers shall be displayed flat on the roof of the building in a color chat contrasts with the roof material. The numbers shall not be visible from the streets or adjacert properties. Said information shall be specifically shown on plans submitted for building permits. 3. That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approval 4. That 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. 5. 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. 6. That the project shall provide for accessible truck deliveries on-site. Said information shall be specifically shown on plans submitted for building permits:.. 7. That all new backflow equipment shall be located above ground and outside of the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by the Water Engineering Department.. 8. 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.). 9. That any required relocation of City electrical facilities shall be at the developer's expense. 10. That plans shall be submitted to the Planning Services Division for review and approval in conformance with the current version of Ertgiheering Standard Plan Nos. 436; ahd 470 pertaining to parking standards and driveway location. Subject property shall there upon be developed and maintained in conformance with said plans. 11. 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. 115-8 ahd 116 indicating the relocated driveway approaches. Relocated driveway approaches shall be contained within property lines and shall not encroach into adjacent property. 12. That final elevation plans shall be submitted to the Planning Servicesbivision for review. Said plans shall incorporate the use of varied material, detailed information pertaining to the materials and colors proposed, and detailed information pertaining to the quality and design of proposed lighting. Said plans -3- PC2007- shall be reviewed by the City's architectural consultant for compliance with the design standards of the Anaheim Resort. Plans shall be modified as necessary to demonstrate compliance. Any decision by staff may be appealed to the Planning Commission as a "Reports and Recommendations" item. 13. 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. 14, That the property owner shall submit a letter requesting termination of Conditional Use Permit No. 1392 (to expand an existing nonconforming automobile maintenance and repair facility for the purpose of maintain and requiring motorhomes and campers waiving (a) minimum required front setback and (b) minimum required number of parking spaces) to the Planning Services Division. 15. That the applicant shall submit street improvement plans to the Public Works Department to improve Zeyn Street with twenty (20) fpot centerline to curb with a six {6) foot wide parkway and four (4) foot wide sidewalk in conformance with the Anaheim Resort Specific Plan. A bond shall be posted to guarantee that Zeyn Street is improved per the Anaheim Resort Specific Plan. 16. That a lot lihe adjustment shall be submitted to the Public Works Department, Development Services Divisonto merge the existing parcels into one legal lot: The Lot Line Adjustment shall be approved by the City Engineer and recorded in the office of the Orange County Recorder prior to issuance of a building permit. 17. 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 imperious .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: 18. That the City of Anaheim Drainage Impact Mitigation Fee for the South Central Area shall be paid. The fee is currently $26,101 per acre. Credit will be applied for the current development. The project architect or engineer must document the existing impervious area and the proposed impervious area. If the impervious area remains the same or decreases, no fee is due: If the impervious area Increases, the fee will be proportional to the increase. 19. That the City of Anaheim Sewer Impact Mitigation Fee for the South Central Area is $208/1,000 s.f., shall be paid. Prior to final building ahd zoning inspections the following conditions shall be complied with: 20. That street improvements on Zeyh Street shall be constructed. 21. That prior to issuance of certificate of occupancy, the applicant shall: • Demohstrate that all structural BMPs described in the Project WQMP has 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 Project WQMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. ~_ PC2007- 22. That the subject property shall be developed substantially ih 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 Exhibit Nos. 1 through 7, and as conditioned herein. General Conditions: 23. 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. 24. That no required parking areas shall be fenced or otherwise enclosed for outdoor storage uses. 25. 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.' 26. 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. 27. That all trash generated from this commercial laundry facility 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. 28. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 29. 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: 30. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the.issuance of the final invoice or prior to the issuance of building .permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. -5- PC2007- THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 30, 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 April 30, 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 _g_ PC2007- Poa m mnilr srrv¢es wndilwnle Attachment -Item No. 9 Mazch 5, 2007 City of Anaheim 200 So. Anaheim Blvd, Ste. 162 Anaheim, CA 92805 Deaz Sirs: We respectfully request that the City of Anaheim approve construction of the 2-phase re-model and enclosure of the Alsco, Inc. commercial laundry, as described in pre-file submittal 2006- 00099. The first phase will start as soon as possible, with the second phase starting within 2 yeazs of completing the first phase. The reason far phasing is to maintain operation of the facility during the construction. The proposed purpose of this project is an expansion of the soil-sorting/counting department. This construction is necessazy in order to process our current customer needs in an enclosed environment, out of view from public streets. We will operate this department 5 days a week (M-F) 8 hours a day. Hours of operation: 4:00 am to 12:30 pm. We employ 15 associates in this department, operating 1 shift. We authorize Geoff Bonney of Bonney Architects, and Rick Atherton of The Rembrandt, LLC, to represent us to the City of Anaheim for the purpose of obtaining al] necessary approvals and completing all the necessary paperwork. This includes authorization to pay fees to and establish accounts with the City on our behalf. Regazds, v """G~~ Tim Weiler Corporate Secretary Alsco Inc. e o„N 6T ~ ,~ ~ ,~ a,~ ~a NOTARY PUBLIC JENNEFER STEWART 25 South 700 Ees1 #3 Salt Lake Cily, Uteh 84102 My Commission Expires ~eeember 21, 2008 STATE OF UTAH Alsco Inc. • Corporate Once • 505 East South Temple • Salt Lake City, Utah 84102 • (801) 328-8831 • FAX (801) 3b3-5680 www.alsco.com H h O ~ W a Z N ~ x co r~ y O M z O z ~ o z ~~ 0 0 F ..] a O O Oi W ~ O U ~ ~ o a ° ~ N •~- 0 z 'o F. U rn 0 Z d t td G t V w Q .~ 'C ~ E u m w m~ ,,., v o rw. ~ .^ ~ c '^ c ~O~.a '~~a°? N ° c °0 3 3.3 °' ~ v .. S •o m v m ~ o 'ti 0 o E °''C E o " v.c o °' ~ ~3 0 ~5 ~°+ o °..° ~.. 'O C ~V O T W .O ~. 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