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PC 2007/05/14na i " Ian v i~si a ®®IM~Y9 !®6~Y ~T9 6s®®^ Council Chamber, City :Hall 200 South Anaheim Boulevard, Anaheim, California • Chairman: Gail Eastman • Chairman Pro-Tempore: Kelly Buffa • Commissioners: Stephen Faessel, Cecilia Flares Joseph Karaki, Panky Romero, Pat Velasquez • Call To Order • Preliminary Plan Review 1:30 P.Bfl. • Staff update to Commission on various City developments and issues (As requested by:Planning Commission) Preliminary Plan Review for items on the May 14, 2007 agenda • 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: planninacommissionna anaheim.net H:\dots\clerical\agendas\(051407).doc (05114/07) Page 1 Anaheim Planning Commission Agenda - 2:30 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim Planning Commission or public comments on agenda items with the exception of public hearing _ items. 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 NEGATIVE DECLARATI (b) CONDITIONAL USE PERMIT N (TRACKING NO. CUP2007-05212) Agent: Ray Berona Condo Conversions. Com 7439 La Palma Avenue #309 Buena Park, CA 90620 Location: 729 South Knott Avenue Request to review final elevation plans, colors and materials for a previously-approved condo conversion and a retroactive time extension to comply with conditions of approval. Project Planner. (skoehmQanaheim.oet) Minutes 18. Receiving and approving the Minutes from the Planning Commission Meeting of April 30, 2007. (Motion) H:ldocslclericallagendasl(051407).doc (05/14/07) Page 2 Public Hearing Items: 2a. CEQA NEGATIVE DECLARATION (READVERTISED) 2b. WAIVER OF CODE REQUIREMENT Request for continuance 2c. CONDITIONAL USE PERMIT NO. 2006-05164 to May 30, 2007 Owner: Daniel Rubalcava 508 North East Street LLC Anaheim, CA 92807 Agent: Greg Howell 20561 Suburbia Lane Huntington Beach, CA 92646 Location: 508 North East Street: Property is approximately 1.15 acres and is located at the northeast corner of Sycamore Street and East Street (La Reina Market). Request to permit the expansion of an existing legal non-conforming market with sales of beer and wine for off-premises consumption and to establish land use conformity for an existing legally non-conforming Pro/ect wanner. commercial retail center with waivers of (a) minimum number of required (kwonyzpananeim.net) parking spaces, and (b) minimum landscape setback. Continued from the January 8, March 5, March 19, April 2, and April 30, 2007, Planning Commission meeting. Conditional Use Permit Resolution No. 3a. CEQA ENVIRONMENTAL IMPACT REPORT NO._3_1.3 (PREVIOUSLY-GERTIFIED) Request for continuance 3b. WAIVER OF CODE REQUIREMENT to May 30, 2007 3c. CONDITIONAL USE PERMIT NO. 2007-05198 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 Zeyn 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 Project Planner. Zeyn Street and Anaheim Boulevard, (b) maximum permitted fence (kwongzpananeim.net/ height, (c) minimum distance between driveways serving adjacent parcels, and (d) minimum number of required parking spaces. Conditional Use Permit Resolution No. H:\docs\clerical\agendas\(051407):doc (05114/07) Page 3 4a. CEQA CATEGORICAL EXEMPTION ~ CLASS 1 4b. WAIVER OF CODE REQUIREMENT 4c. CONDITIONAL USE PERMIT N0. 2716 (TRACKING NO. CUP2007-05203) Owner: City of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92805 Agent: Casey Griffin Logan Asset Management 30100 Town Center Drive Suite 0-310 Laguna Niguel, CA 92677 Location: 8323 East La Palma Avenue: Property is approximately 9.3 acres and is located at the northeast cprner of La Palma Avenue and Weir Canyon Road. Request to amend plans for apreviously-approved auto dealership to permit additional auto sales, auto repair, and roof mounted equipment with waivers of (a) minimum landscaped setback, (b) maximum number of wall signs, and (c) maximum letter height. Conditional Use Permit Resolution No. 5a. CEQA NEGATIVE DECLARATION 5b. RECLASSIFICATION NO. 2007-00199 Owner: Anaheim Redevelopment Agency P.O. Box 3222 Anaheim, CA 92803-3222 Agent: Elisa Stipkovich Anaheim Redevelopment Agency 201 South Anaheim Boulevard 10~h Floor Anaheim, CA 92805 Location: 212 South Beach Boulevard: Property is approximately 1.8 acres, having a frontage of 325 feet on the east side of Beach Boulevard and is located 671 feet south of the centerline of Lincoln Avenue. City-initiated (Community Development Department) request for reclassification of the subject property from the C-G (General Commercial) zone to the RM-3 (Multiple-Family Residential) zone, or a less intense zone for a future condominium complex. Reclassification Resolution No. H:\d ocslcl erical\a gendas\(051407 ).doc Project Planner. (dsee aQanaheim.net) Project Planner. (dseeQanaheim.neQ (05/14/07) Page 4 6a. PUBLIC RESOURCES CODE EXEMPTION SECTION 21159.23 6b. DETERMINATION OF CONFORMANCE WITH DENSITY BONUS ORDINANCE (TRACKING NO. MIS2007-00195) Owner: Anaheim Housing Authority 200 South Anaheim Boulevard, 10~h Floor Anaheim, CA 92805 Agent: Jamboree Housing Corporation 17701 Cowan Avenue, Suite 200 Irvine, CA 92614 Location: 1228-1232 West Diamond Street (partial address): Property is approximately .78-acre and is located at the northeast corner of Wilshire Avenue and Pearl Street. Project Planner. (kwongzQanaheim.net) Planning Commission determination of conformance with the Density Bonus Code to construct a 25-unit affordable apartment complex with incentives. 7a. CEQA MITIGATED NEGATIVE DECLARATION 7b. WAIVER OF CODE REQUIREMENT 7c. CONDITIONAL USE PERMIT'NO. 2007-05202 Owner: Andrew C. Edwards Trust 1230 South Lewis Street Anaheim, CA 92805 Agent: PRS Group Attention: Phillip Schwartze 31872 San Juan Creek Road San Juan Capistrano, CA 92675 Location: 1055 East Ball Road: Property is approximately 3.5 acres and is located at the northwest corner of East Street and Ball Road. Request to construct a 5-story office and training building accessory to an Pro%ecf Planner. existing industrial business with waivers of (a) maximum permitted height (kwongzQananeim.net) adjacent to a residential zone boundary, (b) minimum landscape setback abutting an arterial highway, and (c) minimum number of required parking spaces. Conditional Use Permit Resolution No. H:\docs\clerical\agendas\(051407).doc (05/14107) Page 5 Sa CEQA CATEGORICAL EXEMPTION -CLASS 1 8b. VARIANCE NO. 2007-04721 Owner: Craig Wildvank 4500 East Cerro Vista Drive Anaheim, CA 92807 Agent: Jack Swaying 21520 Yorba Linda Boulevard, Suite 6413 Yorba Linda, CA 92887 Location: 4500 East Cerro Vista Drive: Property is approximately 1-acre and is located at the southeast corner of Cerro Vista Way and Cerro Vista Drive. Request waiver of maximum fence height and permitted location of parking to retain a 6-foot high fence and permit additional parking in the front yard setback. Variance Resolution No. H:\docs\cle rical\age nd as\(051407 ). doc Project Planner. (skoehmQanaheim.vet) (05/14107) Page 6 Adjourn To Wednesday, May 30, 2007, at 1:00 P.M. for Preliminary Plan Review. H:\dots\clerical\agendas\(051407).doc (05I14I07) Page 7 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 10:00 a.m. May 10, 2007 (TIME) (DATE) LOCATION: UNCIL HAMBER DISPLAY CASE AND 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:\dots\clerical\agendas\(051407).doc (05114/07) Page 8 SCHEDULE 2007 May 30 (Wed) June 11 June 25 July 9 July 23 August 6 August 20 September 5 (Wed) September 17 October 1 October 15 October 29 November 14 (Wed) November 26 December 10 December 24 H:\dots\clerical\agendas\(051407).doc (05/14/07) Page 9 MUNGALI DR RM-4 RM-4 RCL 70-71-11 APTS VAR 2199 4 DU EACH EL MIRADOR APARTMENTS zs Du CONDOMINIUMS RM-4 80 DU RCL 62-63-78 CUP 375 VAR 2990 RM-4 RCL 73-74-12 VAR 2544 APARTMENTS 48 DU _ ~ V z Q D z ~ 1 ..r•'® ®• ° ® ®. ®' ®..®' .• .•°'~®" 314 s •m - ,,~~ MMQ.r' ENp~j•clnU RCL 85-86-30 ~',~ s. e ~® 61M T-CUP 2007 05212"- •~ m,.-' PNpN ~' CUP 2008-05085 i; '' C9, VAR 3555 ' O C, F. SPRING LAKE _ - APARTMENTS ' U T_ sa ou i ~ L- O m y m z •- RM-4 RCL 87-8833 m ~~°~' ~ ~ ~ rn `~ n VAR 3739 ~I- y N.tO.i c~iw~ p N'r gnmw~ o N VAR 1611 APARTMENTS ~Q ° ~ ~`+ ~ ~~ 'N ' m ay~k~ gm~ ~ ~ q N ~ d p ¢~~aR U;p~ `L m NF KZ N~~g , K 6 ~^~NC SAVANNA ST M RM-3 ~ RCL 79A402 1 DU EACH ~ i RGL 7L7&57 (Res of Intent I ~ w 3 "' pCrl . ; to RS-7290) RM-0 RM-2 RM-0 . j m N~~ VAR 3097 RCL 83-B4-23 VAR 3384 RCL 89-B7-04 RCL 85-Bfi-24 SAVANNA VILLA Mc V ~ ~ APARTMENTS BDU VAC NT VAR 3163 S C APA MS a0-~pt n ~O UU ZB DU ppU O~W 6:J p Conditional Use Permit No. 2006-05066 TRACKING NO. CUP 2007-05212 Requested By: RAY BERONA CONDO CONVERSIONS.COM 729 South Knott Avenue N fn I- rn Q O 10280 ', RM-4 RCL 62-63-104 CUP 407 APARTMENTS 44 DU O.O.F.C.D VAR 1197 VAR 1197 RS-2 m 1 DU' CH I °' RS-2 1 DU EACH !~® ° ' ROME AVE J ~ w RS-2 z ~ 1 DU EACH ~ ~ Q RS-2 ~ 1 DU EACH Z N ~ RM.2 RCL 2001A0059 n acuaz6B1-Baa9z I CLIP 2001-04x53 VAR 7846 Rfvl2 RCL 2001-00059 rauazaBl-0aa9z ~ cuP z6B1-Baxs3 Subject Property Date: May 14, 2007 Scale: 1" = 200' Q.S. No. 2 City of Anaheim PI.AIViVII~IG DEI~AR'~'MEN'1" Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of May 14, 2007. 1. REPORTS AND RECOMMENDATIONS: A. (a) CEQA MITIGATED NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) (Motion) (b) CONDITIONAL USE PERMIT NO. 2006-05066 -REQUEST FOR A RETROACTIVE TIME EXTENSION TO COMPLY WITH CONDITIONS OF APPROVAL AND APPROVAL OF FINAL ELEVATION PLANS (Motion) (Tracking No. CUP2007-05212) Agent: Ray Berona, Condo Conversions.com, 7439 La Palma Ave. #309 Buena Park, CA 90620 Location: 729 S. Knott Avenue Request for a retroactive time extension to comply with conditions of approval and approval of final elevation plans for apreviously-approved 54-unit condominium conversion. ACTION: Gommissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Planning Commission has reviewed the request for a retroactive time extension to comply with conditions of approval and approval of final elevation plans and does hereby determine that the previously-approved Mitigated Negative Declaration is adequate to serve as the appropriate environmental documentation for this request. Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission does hereby approve the request for a retroactive time extension to comply with conditions of approval to expire April 3, 2008 based on the following: That this is the first request for a time extension and Code permits a maximum of two requests for extension of time to comply with conditions of approval. That the property has no outstanding code violations and the Community Development Department will ensure that the site is maintained in a safe, clean and aesthetically pleasing manner. That there is no information or changed circumstances which contradict the facts necessary to support one or more of the required findings for approval of Conditional Use Permit No. 2006-05066. www.anaheim.nel (iv) That the approval remains consistent with the General Plan and the zone district designation for the property. 200 Soo[h Anaheim Boulevard P.0. Box 3222 Anaheim, California 92603 TEL (714) 765-5139 Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission does hereby approve the final elevation.: plans for Conditional Use Permit No. 2006-05066 (Tracking No. CUP2007-05212) with __ previously-approved exhibits for elevation modifications because the design and quality of the revised building architecture and site area enhancements meet the Planning Commission's request for durable, high quality improvements to the original project submittal. - CUP2007-05212_Excerpt _PC051407 Attachment - RB~R 1-A RESOLUTION NO: PC2006-33 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05066 BE GRANTED (729 SOUTH KNOTT AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of Califorriia, described as: PARCEL 1: THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY LYING EAST OF THE PROLONGATION OF THE WESTERLY LINE OF LOT 13 OF TRACT NO. 743, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 22 PAGE 10 OF MISCELLANEOUS MAPS RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: THAT PORTION OF THE EAST ONE-HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, IN TOWNSHIP 4 SOUTH, RANGE 11, WEST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHERLY LINE OF TRACT NO. 743, AS SHOWN A MAP THEREOF, RECORDED IN BOOK 22 PAGE 10, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DISTANT SOUTH 89° 39' WEST 314 FEET FROM THE EAST LINE OF SAID SECTION 15; RUNNING THENCE NORTH, PARALLEL WITH THE EAST LINE OF SAID SECTION 15, 155 FEET; THENCE SOUTHWESTERLY TO A POINT IN THE WEST LINE OF THE EAST ONE-HALF OFTHE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 15, DISTANT THEREON 35 FEET NORTH OF THE NORTH LINE OF LOT 15 OF SAID TRACT NO. 743; THENCE SOUTH ALONG SAID WEST LINE, 35 FEET TO THE NORTH LINE OF SAID LOT 15; THENCE NORTH 89° 39' EAST ALONG THE NORTH LINE OF SAID TRACT NO. 743,350.61 FEET TO THE POINT OF BEGINNING: PARCEL 2: THAT PORTION OF THE EAST ONE-HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION FIFTEEN IN TOWNSHIP FOUR SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF ORANGE COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY EXTENSION OF THE NORTHERLY LINE OF LOT 1 OF TRACT NO: 743; AS PER MAP THEREOF RECORDED IN BOOK 22, PAGE 10 MISCELLANEOUS 'MAPS, RECORDS OF SAID ORANGE COUNTY, WITH THE EAST LINE OF SAID SECTION 15; RUNNING THENCE SOUTH 89° 39' WEST ALONG SAID EASTERLY EXTENSION AND ALONG THE NORTHERLY LINE OF SAID TRACT 743, 314 FEET; THENCE NORTH PARALLEL WITH THE EXCEPT LINE OF SAID SECTION 15; 130 FEET; THENCE NORTH 89° 39' EAST PARALLEL WITH THE NORTHERLY LINE OF SAID TRACT NO. 743, 314 FEET TO THE EAST LINE OF SAID SECTION 15; THENCE SOUTH ALONG SAID EAST LINE, 130 FEET TO THE POINT OF BEGINNING. PARCEL 3: LOT 12 OF TRACT NO. 743, COUNTY OF ORNAGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 22 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE SOUTH 299 FEET THEREOF. PARCEL 4: THAT PORTION OF LOT 13 OF TRACT NO. 743, COUNTY OF ORANGE, STATE OF CALIFORNIA; AS PER MAP RECORDED IN BOOK 22 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS DESCRIBED AS FOLLOWS: Cr\PC2006-33 -1- PC2006-33 BEGINNNG AT THE NORTHWEST CORNER OF SAID LOT 13 RUNNING THENCE EAST 118:65 FEET TO THE NORTHEAST CORNER OF SAID LOT; THENCE SOUTH ALONG THE EXCEPT LINE OF SAID LOT 96 FEET; THENCE WEST PARALLEL TO THE NORTH LINE OF SAID LOT 118.65 FEET TO THE WEST LINE OF SAID LOT; THENCE NORTH ALONG SAID WEST LINE 96 FEET TO THE POINT OF BEGINNING. EXCEPTING FROM SAID PARCELS 1-4 THAT PORTION CONVEYED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT, BY DEED RECORDED JUNE 30, 1959 IN BOOK 4780 PAGE 62 OFFICIAL RECORDS. ' WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 3, 2006, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued from the March 20, 2006, Planning Commission meeting; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed conversion of existing multiple-family structures to a condominium or other common interest development is permitted in the RM-4 Zone subject to the approval of a conditional use permit under authority of Code Sections 18.06.030.090 and 18.38.100.020. 2. That the proposed use will not adversely affect the adjoining land uses or the growth and development of the area as the apartment complex has been in operation for sixteen years, and no expansion or increase of units is proposed: The proposed conversion is compatible with existing and surrounding multiple-family residential developments. The proposed conversion would be compatible with existing and surrounding land Lses (which are also multiple-family residences) and that modifications and upgrades proposed to the buildings on-site would enhance the visual impact of the property on surrounding properties and livability for residents within the project, and result in a project that is compatible and consistent with surtoundingJand uses and otherYecently approved condominium subdivisions. , 3: That the proposed conversion would not create any new units or additional square footage and therefore would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed because the size and shape of the site for the project has been adequate for the full development of the existing use in a manner not detrimental to the particular area. 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the project is already existing with 54 dwelling units (as previously approved) and would be implementing the Medium Density Residential land use designation of the General Plan. No increase in the number of units is proposed. 5. That the granting of the conditional use permit Under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. 6. That nobne indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. A person spoke in favor of the subject request; and a person spoke about some cancems and suggestions, and submitted a letter at today's meeting. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to convert a 54-unit apartment complex into a 54-unit residential condominium complex and establish a 1-lot, 54-unit airspace attached residential condominium subdivision; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and -2- PC2006-33 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 Plahhing Commission does hereby grant subject Petition far 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 Ciry of Anaheim: 1. That final landscape, fencing plans and hardscape plans shall be submitted to the Planning Services pivision for reviewahd approval: The landscape plan shall incorporate layered landscaping within the frpnt setback and cliriging vines, shrubs and groundcover adjacent to all block walls visible from the public right of way. Plans shall reflect the following: • Common open space amenities enhanced with permanent seating and shade equipment and additional landscaping to make the pool area and associated picnic area more inviting. • Existing utility equipment (gas meters and backflow device) shall be painted and screened with landscaping where possible. • All landscaped planters shall be enhanced with the use of stacked stone and additional trees shall be provided in interior courtyard areas. Any decision made by the Planning Services Division regarding said plan may be appealed to the Planning Commission as a "Reports and Recommendation" item. 2. That all air-conditioning facilities and other ground-mouhted equipment shall be properly shielded from view and the sound buffered from adjacent residential properties. Said information shall be specifically shown bh the plans submitted for building permits: 3. That alt plumbing dr other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/oi- appropriate tiuilding materials: Said information shall be specifically shown oh the plans submitted for building permits. 4. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time ofoccumence. That this Conditional Use Permit is granted subject to the approval and redordationbf Tentative Tract Map No. 17016, now pending.' 5. 6. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed; damaged, diseased andlor dead. 7. That any required ~eldcation bf Ciry electrical facilities shall be at the developer's expense. That landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be shown on plans submitted for building permits. 8. That six (6) additional guest spaces shall be designated within the parking area fora minimum of fourteen (14) spaces as required by Code. A call box shall be installed to facilitate access to this area by guests. The area immediately adjacent to the trash enclosure shall not be used as a parking space. Said information shall be specifically shown on plans submitted for building permits. 9. That a written Solid Waste Management Plan shall be submitted to the Public Works Department, Streets and Sanitation Division. Said program shall include information on the following: a detailed, `scaled site plan showing the storage and collection areas and the locatpn of any trash enclosure with enclosure details drawings, and truck access: 10. That a minimum of two additional collection areas for on-site refuse shall be installed within the existing subsurtace parking area. Each area shall contain a minimum of one storage bin: On-site maintenance -3- PC2006-33 shall be responsible fortransporting refuse to the primary enclosure at the front of the site. Said information shall be specifically shown on plans submitted for building permits. 11. That the existing trash enclosure shall be refurbished and gates installed per City Standards. Said information shall be specifically shown on plans submitted for building permits.. 12. That any new backfiow equipment shall be Ibcated above ground 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. Existing large water system equipment shall be fully. screened from all public streets and alleys. Said information shall be shown on plans and approved by Water Engineering and Cross Connection Control. Inspector before submittal for building permits. 13. That if this site does not already have a separate irrigation meter, a separate irrigation meter shall be installed and shall comply with City Ordinance No. 5349 and Chapter 10.19 of the Anaheim Municipal Code. Said information shall be shown on plans submitted for building permits. 14. That all existing water services and fire lines shalt conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meef current standards shall tie upgraded if continuedLse is necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 15. That subject property shall be developedsubstantially in accordance with plans and'specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 5, as conditioned herein.. 16: That final detailed elevation plans and colors and materials shall be submitted to the Planning Commission as a "Reports and Recommendations" item fdr review and approval: Plans shall reflect detailed facade treatments (shutters and surrounds on the windows and doors), and varied colors on the building wall planes to enhance articulatidn of the building: Plans shoultl also provide stone veneer wainscoting for portions of the building around the pool, interior courtyard and areas visible td the public right-of-way. In addition, a natural stone surtace shall be provided within the interior courtyard and pool areas in place of the proposed stamped concrete. 17. Thaf the developer shall submit a landscaping and irrgatibn plan to the Public Works Department, Development Services Division to improve Magnolia Avenue prior to issuance of a building permit. The parkway irrigation shall be connected to the on-site irrigation system and maintained by the property owner: ARight-of--Way Construction Permit shall tie obtained from the Development Services Division for all work pertormed in the right-of-way. The improvements shall be constructed prior to final building and zoning inspectipns. 18. That the Home Owners Association (HOA) shall have the responsibility td maintain the building exteriors and use of the property for residential development. All common facilities such as recreational areas, parking areas, community buildings and landscaping, as well as the general appearance of [he premises and buildings; shalt be adequately and professionally maintained. 19. That any vending machines on-site shall be located such that they would not be visible from the public right-of-way. 20. That the applicant shall submit a plan to reduce the visibility of satellite dishes serving the individual units. The plan shall be submitted to and approved by the Planning Services Division prior to issuance of building permits. 2t That if based upon the review by the Public Works Department that red curbing is required along the property frontage on Knott Avenue, the applicant shall bear any costs associated with initiating the process to establish the red curb. 22. That prior td issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 7, 8, 9, 10, 11, 12, 13, 16, 17, 20 and 21 -4- PC2006-33 above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Chapter 18.60 of the Anaheim Municipal Code. 23. That prior to final building and zoning inspections, Condition Nos. 15, 17 and 19, above-mentioned, shall be complied with. 24. That approval of this application constitutes approval of the proposed request only to the extentthat 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 judsdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 3, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a Ciry Council Resolution in the event of an appeal. (ORIGINAL SIGNED BY GAIL EASTMAN) CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Moms, 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 Apol 3, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: EASTMAN, FLORES, KARAKI, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BUFFA, PEREZ, VELASOUEZ IN WITNESS WHEREOF, I have hereunto set my hand this day of 2006. (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -5- PC2006-33 Attachment - R&R 1-A April 10, 2006 Brian Dror 5967 West 3rd Street, Suite 102 Los Angeles, CA 90036 Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of April 3, 2006. 3a. CEQA NEGATIVE DECLARATION 3b. CONDITIONAL USE PERMIT NO. 2006-05066 3c. TENTATIVE TRACT MAP Np. 17016 Owner: Brian Dror, 5967 West 3`d Street, Suite 102., Los Angeles, CA 90036 Agent: Rey Berona, Condo Conversions.com, 7439 La Palma Avenue, Unit 309, Buena Park, CA 90620 Location: .729 South KhottAvenue: Property is approximately 1.47 acres, having a frontage of 150 on the west side of Knott Avenue and is located 193 feet north of the centerline of Rome Avenue. Conditional Use Permit No. 2006-05066 -Request tb convert a 54-unit apartment complex into a 54-unit residential condominium complex.. Tentative Tract Map No. 17016 -To establish a 1-lot, 54-unit airspace attached residential condominium subdivision. ACTION: Commissioner Romero offered a motion, seconded by Commissioner Flores and MOTION CARRIED (Commissioners Buffo, Perez and Velasquez absent), that the Anaheim Planning Commission has reviewed the proposal to establish a 1-lot, 54-unit airspace attached residential condominium subdivision and does hereby approve the Negative Declaration upon a finding that the declaration reflects the independentjudgment of the lead agency; and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the Initial Study and comments received that there is no substantial evidence that the project will have a significant effect on the environment.:. Commissioner Romero offered a motion, seconded by Commissioner Flores and MOTION CARRIED (Commissioners Buffo, Perez and Velasquez absent), that the Anaheim Planning Commission does hereby determine that the proposed tentative map., including its design and improvements, is consistent with the Anaheim General Plan, and does therefore approve Tentative Tract Map No. 17016, to establish a 1-lot, 54-unit airspace attached residential condominium subdivision subject to the following conditions: 1. That the final map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder (Subdivision Map Act, Section 66499.40). 2. The vehicular access rights to Knott Avenue, except at the driveway opening, shall be released and relinquished to the City of Anaheim. 3. That prior to final map approval, a maintenance covenant, shall be submitted to the Subdivision Section and approved by the City Attorney's office. The covenant shall include provisions for maintenance of private facilities and a maintenahce exhibit. The.covenant shall be recorded concurrently with the final map. 4. That approval of this parcel map is granted subject to the approval of Conditional Use Permit No. 2006-05066, now pending. 5. That CC&R's recorded on the property shall include provisions requiring the following: e That assigned parking shall be maintained for vehicle parking in compliance with code. That guest spaces shall only be used as such and will be clearly designated at all times. o That balcony/patio areas shall not be used for storage. e Overall general maintenance of the property. 6. That the property owner shall irrevocably offer to dedicate to the City of Anaheim, on the final map, an easement 60-feet in width from the centerline of Knott Avenue for road, public utility and other public purposes. 7. An improvement certificate shall be placed on the final map to constmct street improvements along Knott Avenue to the width required by the Planned Roadway Network Plan and Public Works Standard Detail 160-A prior to final building and zoning inspections for future building or grading site development plans. 8. That prior to final tract map approval, the subdivider shall submit evidence to the Public Works Department, Subdivision Section that all requirements of Section 66427.1 of the Subdivision Map Act, pertaining to condominium conversions, have been met, including the following: o That each of the tenants of the proposed condominium project wilt receive 10 days' written notificaticn that an application for a public report will be submitted to the Department of Real Estate, and that such report will be available on request. The written notices to tenants required shall be deemed satisfied if such notices comply with the legal requirements for service by mail. e That each of the tenants of the proposed condominium project will be given written notification within 10 days of approval of a final map for the proposed conversion. That each of the tenants of the proposed condominium project will be given 180 days' written notice of intention to convert prior to termination of tenancy due to this conversion. The provisions of this subdivision shall not alter or abridge the rights or obligations of the parties in pertormance of their covenants, including, but not limited to, the provision of services, payment of rent or the obligations imposed by Sections 1941., 1941.1, and 1941.2 of the Civil Code.. That each of the tenants of the proposed condominium project will be given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his or her intention not to exercise the right. 9. That prior to final map approval, Condition Nos. 1, 2, 3, 4, 5, fi, 7 and 8, above- mentioned, shall be complied with. 10. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. Sincerely, Eleanor Morris, Senior Secretary Anaheim Planning Commission cc; Rey 8erona, Condo Conversions.com, 7439 La Palma Avenue, Unit 309, Buena Park, CA 90620 TTM 17016_Excerpt_cr5736em i Item No. 2 3 5 .22 G~PCpNt 5" N I~ PO~2 00/ - t ~U iv 2 b trlA sS WtLNE~ 81 i 11 1 m y ~ ~o ~ 0 i ~B~ N ~ IEP~N m 9 PVEN~E G~ENW~OD Conditional Use Permit No. 2006-05164 Requested By: 508 NORTH EAST STREET, LLC 508 North East Street - La Reina Market I 1~ R 'I o~ p ai tp283 F~~E~ Subject Property Date: May 14, 2007 Scale: 1" = 200' Q.S. No. 92 Staff Report to the Planning Commission May 14, 2007 Item No. 2 2a. CEQA NEGATIVE DECLARATION fREADVERTISED) 2b. WAIVER OF CODE REQUIREMENT 20. CONDITIONAL USE PERMIT N0.2006-05164 (Motion for Continuance) SITE LOCATION AND DESCRIPTION: (1) The property is identified as 5013 North East Street - La Reina Market. REQUEST. (2) The applicant requests approval of a conditional use permit to permit the expansion of an existing legal non-conforming market with sales of beer and wine for off-premises consumption and to establish land use conformity for an existing legally non-conforming: commercial retail center under authority of Code Section No: 18:08.030.040.0402 (Alcoholic Beverage Sales-Off-Sale); (Markets-Small) and (Commercial Retail Centers) with waiver of the following provisions: (a) SECTION NO. 18.42.040.010 Minimum number of parktno spaces. (101 required; 71 proposed) (b) SECTION NO. 18.08.060.010.0101 Minimum landscape setback. 15 feet required; 0 feefproposed) BACKGROUND: (3) This property is developed with a nine (9) unit commercial retail shopping`center and is in the General Commercial (C-G) zohe. The General Plan designates this prdperty for Generat Commerciallahd user. The General Plan further designates prdperties in alt directions for Medium .Density Residential land uses: This property is located within the Merged Redevelopment Area (4) This item was continued from the January 8; 2007, .March 5, and March 19; 2007, Commission meeting for an update to the parking study based on public testimony regarding on-sheet parking. (5) Ed Perez; the applicant's representative, has submitted the attached letter dated May 1, 2007; requesting a continuance of this item to the May 30, 2007, Commission meeting in order to allow additional time to secure additional parking spaces and td meet with the community regarding traffic and parking concerns expressed at the'previous public hearing:, The applicant's representative also requests an extension of the California. Permit Streamlining Act pertaining td decision deadlines and staff has concurred with the request The applicatioRwas deemed complete oh November 21, 2006 so a decision would be required by May 21, 2007: Since both parties have agreed to an extension; a decision shall be made by August 21, 2007. RECOMMENDATION: (6) :Staff recommends the Commission, by motion, continue this item to the May 30, 2007, Planning Commission meeting as requested by the applicant::. Srcup2006-05164k1w 51407_cont.doc Page 1 !Attachment -Item No. 2 EP Development Corporation 5753-G E. Santa Ana Canyon Road #t31 Anaheim Hills, CA 92807 Phone: (714)282-7451 Fax: (714)282-7452 Visit our web slte: www.epdevelopcorp.com May 8, 2007 Planning Department Kimberly Wong, Assistant Planner 200 S. Anaheim Blvd., Suite 162, Anaheim, CA 92805 Re: Request for extension, May 30, 2007 -California Permit Streamline Act Dear Kimberly, On behalf of my client La Reina Mazkets, LLC we are requesting an extension of CUP No. 2006-05164 from the May 14a' Planning Commission meeting to the May 30, 2007 Planning Commission meeting to allow time for modifications to the site plan. In addition, we aze making a request for an extension of time pertaining to the Califomia Permit Streamline Act. We request a 90 day extension not to exceed past (August 12, 2007). Should you have any questions, Please do not hesitate to call my office at 714-282-7451. We would appreciate a formal response to our request. Sincerely, ~G~i~L~f''P//~ Ed Perez Consultant La Reina Mazkets, LLC Item No. 3 SP 92-2 RCL fifi$7-61 (76) CUP 2864 CUP 735 ANAHEIM RES SP 92-2 SATELLITE CLEANERS RCL 66457-61 (106) RCL Sfi-57-31 SP 93-1 RCL 6fi-67-61 (106) RCL 66-57-31 SATELLITE CLEANERS SP 93-1 RCL 565]-31 RCL fibfi74i1 (1661 lA pU1NTA 'INN 8 SUITES 6 N 1 SP 92-2 RCL 66-67-61 (80) CUP 2884 CUP 2724 CUP 1679 CUP 735 VAR 3342 I I I RED ROOF INN INN SP 93-1 yqR 2902-04543 RCL 6681-fit (106) yqR 2002-04506 RCL 6G67-61 I32) RCL 5&5]-8 T-GUP 2002-04694 CANOLEW000 SUITES SP 93-1 RCL 6fi-67.61 (106) RCL 56-57.31 EXTENDED STAY AMERICA SP 93-1 Z w RCL 66-fi7-61 (106) RCL56-67- 1 ' N T-VAR 2006-04714 VAR 2005-04642 (RCL56-67-92) (CUP 3053) CUP 3241) (CUP 53) VACANT O Rc ~ a06) W acL sa57 PEACOCK SUITES J RESORT NOTEL ~ O m ..-: _~ W Z ,w KATELLA AVENUE io m AVIS ' ' "' m _ •- ~ Nh (p T ~~pN VO Nl~m'~Nm N~VO~ NIR~N Z SP 92-1 m0 ~~6°'v~ N14 N.°-~: "en. o:U '1604. CUP 1604 NON a~~.¢ N o_JU~» u1 ">•o» ~ U j :KING PARKING a~¢ ~ F NU> ARENAI NN&SUITES UJ W lY F- SP 92-1 ~ RCL 82-e3-35 W (Res of Intent to RM-1000) ~ RGL 82-63-26 (/] RCL 66-67-61 Q (Res of lnt to C-R) Z OUP X-15 ALL PROPERTIES ARE 1N THE ANAHEIM RESORTTN Conditional Use Permit No. 2007-05198 Requested By: STEINER CORPORATION 1740 South Zeyn Street and 1755 South Anaheim Boulevard - Alsco. a t6zsz r Subject Property Date: May 14, 2007 Scale: 1" = 200' Q.S. Nb. 87 ~y1 2>, 29 SP 92-2 RCL fib487-61 (106) CUP 1072 CUP tOfi3 CUP 266 CUP 41 VAR 618 RCL..~~~~..16.4V46~~5¢¢ff1$$..61081 RSP9Sz Auto 910P SP 92-2 FLAKY JAKE'S RESTAURANT ms's J SP 82-2 RCL 2004-99135 SP 92-2 RCL 8641]-28 RCL 6&87-20 RCL 58-59-0 RCL S&SB-4 CUP 2004-04922 CUP 2592 VAR 1583 VAR 1563 VAR 1523 VAR 1523 PCN 2004-00016 5ATELLRE RESTAURANT RETAIL CENTER Staff Report to the Planning Commission May 14, 2007 Item No. 3 3a. CEQA ENVIRONMENTAL fMPACT REPORT NO. 313 {PREVIOUSLY-CERTIFIED) 3b: WAIVER OF CODE REQUIREMENT 3c. CONDITIONAL USE PERMIT NO. 2007-05198 (Motion for Continuance) SITE LOCATION AND DESCRIPTION: (i) This propertyis identified as 1740 South Zeyn Street, 1755 and 1763 South Anaheim. Boulevard-Afsco, Incorporated. REQUESTi (2) .The applicant requests approval of a conditional use permit to expand a legal non- conforming commercial laundry facility under authority of Code Section Nos:. 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 setbackadiacent to Zeyn Street and Anaheim Boulevard. 20 feet required; 0-16 feet proposed) (b) SECTION NO. 18.116.100.020 Maximum permitted fence height. l8 feetpermitted; 24 feet proposed). (c) SECTION NO: 18.116.140.1102 Minimum distance between driveways serving adiacent parcels. 40 feet required; 20 feet proposed) (d) SECTION NO: 18.42.040.010 Minimum number of parking spaces:: (837equi~ed; 77proposed) BACKGROUND: (3) This property is currently developed 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 theprdperty to the southwest for Institutional land uses (future electrical substation). (4) This item was continued from the April 30, 2007, Commission meeting for the completion of the Preliminary Water Quality Management Plan. (5) Geoff Bonney, the applicant's representative, has submitted the attached letter dated May 4; 2007, requesting a continuance of this item to the May 30, 2007, Commission meeting ih order td allow additional time forthe completion of the Preliminary Water Quality Management Plan and to resolve issues for the operation of the business during cohstructioh. RECOMMENDATION: (6) Staff recommends that the Commission, by motion, continue this item to the May 30; 2007, Planning Commission meeting as requested by the applicant. : Srcup2007-05182kiw_51407.doc Page 1 Kimberly Wong Attachment -Item No. 3 From: Geoff Bonney [geoff.bonney@bonneyarch.com] Sent: Friday, May 04, 2007 3:51 PM To: Kimberly Wong Subject: Alsco CUP Hearing Follow Up Flag: Follow up Flag Status: Red Kim, Please continue the hearing on this project to the May 30th meeting, since there is not enough time to complete and review the WQMP before the April 30th date. This will also allow us to address the temporary structure. Thank you. Geoff Geoffrey A. Honney, AIA Principal Bonney Architects 300 East State Street Suite 620 Redlands, CA 92373 p (909) 793-6489 f (909) 798-6874 c (90.9) 560-2894 geoff.bonney~bonneyarch.com 1 Item No. 4 i f s J C-G RCL 62-83-23 T-CUP 2007-05203 T-CUP 2002-04542 CUP 2716 T-VAR 2002-04526 VAR 2001-04469 VAR 3544 C-G RCL 82-83-23 g >' U 4i e e RS-3 (SC) T-RCL 2001.00057 RCL 2000-00029 RCL 96-99-10 RCL 82-83-23 T-CUP 2001-04402 CUP 4098 CUP 3423 VAR 2001-04427 VAR 2000-04406 SPT 99-01 J 1 DU EACH ~2 % 7 wF/ / / / c'J~ti R CgNY pN J~ Rpgp /SOP / v CL-HS i Q00 Q~ REGIO.NAL3 \ ' ~ ~ ~' PARK AL\LYPROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE. Conditional Use Permit No. 2716 TRACKING NO. CUP 2007-05203 Requested By: CITY OF ANAHEIM 8323 East La Palma Avenue -Weir Canyon Honda lozse a Subject Property Date: May 14, 2007 Scale: 1" = 200' Q.S. No. 216 ~I' Conditional Use Permit No. 2716 TRACKING NO. CUP 2007-05203 Requested By: CITY OF ANAHEIM 8323 East La Palma Avenue Subject Property Date: May 14, 2007 Scale: 1" = 200' Q.S. No. 216 N 10288 Staff Report to the Planning Commission May 14, 2007 Item No. 4 4a. CEQACATEGORICALEXEMPTION-CLASS1 (Motion) 4b. WAIVER OF CODE REQUIRMENT (Motion) 4c. CONDITIONAL USEPERMITNO; 2716 (Resolution) (Tracking NoZCUP2007-05203) ' SITE LOCATION AND DESCRIPTION: (1) This property is identified as 8323 East La Palma Avenue and is occupied by Weir Canyon Hondas REQUEST: (2) The applicant requests approval to amend apreviously-approved conditional use permit for an existing auto dealership to permit additional auto sales,'auto repair, and roofmounted equipment under authorityof Code Section 18.08.030.040.0402 (Automotive-Car Sales & Rental and Automotive-Repair & Modification),, Waivers (a) minimum landscaped setback and (c);maximum letter height have been withdrawn by the'applicanL' The following waiver is requested by the applicant: SECTION NO. 18.18.090.050.050L01 Maximum numberbfwall signs. Two signs permitted; six signs proposed) BACKGROUND: (3) This property is currently developed with two existing auto dealerships and is located within the Generat Commercial; Scenic Corridor Overlay (C-G (SC)) zone.: The General Plan designates this property and properties to the east for General Commercial land uses; properties to the west across Weir Canyon Road are designated for Low Density Residential land uses; and the properties to the south across La Palma Avenue are designated for Open Spaceland usese The properties north of the sub)ect property are located in the City of Yorba Linda, PREVIOUSZONING ACTIONS: (4);, Conditional Use Permit Na: 2716, an`application to permit wo autpmobile sales and repair facilities with waiver of maximum fence height, was approved by the Commission in 1985: (Weir Canyon Honda and Weir Cahyoh Acura).; PROPOSAL:, (5) The applicant proposes to remodel and expand the existing Weir Canyon Honda auto dealership. The'site plan indicates a new outdoor display area, showroom expansion, and service area reconfiguration to the existing auto dealersfiip (refer to Exhibit No: 1). No changes are proposed to the existing' parking lots. (6) < Vehicular access to the site is provided via one driveway from La Palma Avenue and one driveway from. Weir Canyon Road Parking is provided in four separate lots on the'property, A total'of 144 customer/employee spaces, 82 display spaces, and 161 inventory spaces are provided on the site. Code requires a total of 921 customer/employee spaces: SR-CUP2007-05203ds Page 1 ' Staff Report to the Planning Commission May 14; 2007 Item No. 4 (10) The roof plan indicates new mechanidal roof equipment proposed within a new depressed roof well behind thehew building facade. The roof equipment will be adequately screened end will not be seen from any public rights-of-way surrounding the property. (11) The applicant indicates that this request is to remodel the existing auto dealership to include .' a 5,832 square foot expansion to ttie showroom' and a 5,418 square foofexpansionto the auto service7eception area: No changes are proposed td the existing hours of operation or number of employees. ENVIRONMENTAL IMPACT ANALYSIS: (12) Staff has determined that the proposed project (s categorically exempt from CEQA and no edditiohal environmental documentation is required. EVALUATION: (13) Since no changes are proposed to the existing lahdscaped setbacks: along. Weir Canyon Road and La Palma Avenue, the waiver pertaining to minimum landscaped setback has been withdrawn bythe applicant: (14) The applicant proposes more wall signs than the code allows. Code permits two wall signs for theeuto dealership and five wall signs and one logo aro proposed. According to the applicant, six signs areprdposed in' order to advertise the business from each angle of the building. The building,isoriented towards the intersectiohwith building walls visible from Weir Canyon Road, La Palma Avenue, and the intersection. Staffbelieves that`six wall. signs would be excessive. Six signs would allow the word "Honda" to bevisible twice'as shown in the elevation on page 2. A total of 3channel letter signs, with one"sign identifying the dealership for each elevation facing a street would be appropriate ; A fourth'sign used to identify the service area is common. and appropriate for direction within the dealership. A fifth sign far the logo` is also appropriate for euto dealerships: Given the architecture of the building, the separation of the logo with the sign for "Weir Canyon Honda" is appropriate. Thera are currently three existing channel letter signs fdr the dealership, ahd two existing< oval-shaped signs for the service/repair area: The recommendation by staff would allows newreplacement sign foceach of tfie existing;identification`signs, the consolidation of two smaller serviceerea signs into one sign, and one new logd. (15) The applicant has revised the lettef height for the proposed signs td oomply with code; therefore the waives of letter height has been withdrawn by the applicant. Code does not identify height limitations for logos. (16) An automobile dealership end accessory auto repair are conditionally permitted uses within the General Commercial, Scenic Corridor Overlay zone. The proposed modifications to the euto dealership comply with code requirements except as requested and provide an erchitecturally enhancedbuildingtor aRexisting facility: Therefore; staff recommends approval of this request. FINDINGS: (17) Whehpractical difficulties or unnecessary hardships result from strict enforcement of the Zdning Code, a modificatldn maybe granted for the, purpose of assuring that nd property;. because of special circumstances applicable to it; shall be deprived of privileges commonly enjoyed by other. properties in the same vicinityand zone: The solepurpose bf any code: waiver is to prevent discrimination ahd none shall be approved which would have the effect of granting a special privilege not shared by other similar properties: Therefore, tiefore any code waiver is granted by the Planning Commission; it shall be shown: Page 3 i Staff Report to the Planning Commission May 14, 2007 Item No. 4 (a) Thafthere are special circumstances applicable to ttie property such as size, shape, topography, location or surroundings, which do notapply 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 identidalzpningdassification in the vicinity, ` (18) Before the Commission grants any conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: (a)` That the use is properly one for which a conditional use permit is authorized by the Zoning Code, or is an unlisted use as defined in Subsection'.030 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority); {b) That the use will not adversely affect the adjoining land uses or thegrowth and develdpment of the area iRwhicfi it is proposed to be located; (c) That the size and shape of the site for the use is adequate to alldw the full development of the proposed use in a manner not detrimenta(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 he traffic' in the area; and (e)r That the granting of the conditional use permitunder the conditions imposed, if any, will not be detrimental to the fiealth and safety: of the citizens of the City df Anaheim. RECOMMENDATION: (19) .Staff recommends that the Planning Commission take the following actions'as indicated in the attached resolution including the findings and conditions contained therein: (a) Bymotion, aoorove a CEQA Categorical Exemption -Class 1 (Existing Facilities).. (b) By motion, deny waivers (a) and (c), and aoArove waiver (b) in part to allow five (5) wall signs. (c) By resolution, aoarove amendment to Conditional Use Permit No: 2716 (Tracking No: CUP2007-05203). Page 4 [DRAFT] RESOLUTION NO. PC2007--"` A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION AMENDING RESOLUTION NO. PC85-222 ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 2716 (TRACKING NO. 2007-05203) (8323 EAST LA PALMA AVENUE -WEIR CANYON HONDA) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF THE SECOND AND THIRD CLASS LANDS ALLOTTED TO JESUS WILSON DE SHORB AND RIGI DE LA RIVA BY FINAL DECREE OF PARTITION OF THE RANCHO CANON DE SANTA ANA, RECORDED FEBRUARY 8, 1874 IN THE DISTRICT COURT OF CALIFORNIA, IN AND FOR THE COUNTY OF LOS ANGELES; IN CASE NO. 1978, A CERTIFIED COPY OF WHICH WS RECORDED IN BOOK 26, PAGE 158, OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID LOS ANGELES COUNTY, SAID LAND BEING LOCATED IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA; DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, PER BOOK 193, PAGE 114 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, WITH A CURVE CENTRIC WITH AND 50.00 FEET NORTHEASTERLY FROM THE CENTERLINE OF WEIR CANYON ROAD, AS SHOWN ON A MAP DATED AUGUST 5, 1970 AND ENTITLED SM70-10 ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID ORANGE COUNTY, A RADIAL LINE TO SAID POINT OF INTERSECTION BEARS SOUTH 49°38'40" WEST; THENCE, NORTH 72°11'05" EAST 1078.84 FEET ALONG SAID RIGHT OF WAY LINE TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1482.69 FEET, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 13°14'55" EAST; THENCE, EASTERLY ALONG SAID CURVE, 197.12 FEET THROUGH A CENTRAL ANGLE OF 07°37'02" TO THE EASTERLY LINE OF THE SOUTHERN CALIFORNIA EDISON EASEMENT RECORDED MARCH 3, 1952 OFFICIAL RECORDS, SAID LINE BEING COINCIDENT W ITH THE NORTHEASTERLY PROLONGATION OF THE W ESTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE METROPOLITAN WATER DISTRICT RECORDED JUNE 9, 1955; THENCE, ALONG SAID EASTERLY RIGHT OF WAY LINE, SOUTH 06°30'58" WEST 102.63 FEET TO THE BEGINNING OF ANON-TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 1646.00 FEET, SAID CURVE BEING CONCENTRIC WITH AND 46.00 FEET NORTHWESTERLY OF THE CENTERLINE OF LA PALMA AVENUE AS SHOWN ON RECORD OF SURVEY NO. 84- 1126, FILED IN RECORD OF SURVEY RECORDED AS INSTRUMENT 84-312966, OFFICIAL RECORDS OF SAID ORANGE COUNTY, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 36°23'23" WEST; THENCE, SOUTHWESTERLY ALONG SAID CURVE; 358.72 FEET THROUGH A CENTRAL ANGLE OF 12°29'12" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY. HAVING A RADIUS OF 2170.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 48°52'35" WEST; THENCE, SOUTHWESTERLY ALONG SAID COMPOUND CURVE 367.27 FEET, THROUGH A CENTRAL ANGLE OF 09°41'50"; THENCE, SOUTH 31°25'35" WEST 32.95 FEET; THENCE, SOUTH 29°59'39" WEST 158.73 FEET; THENCE SOUTH 69°52'35" WEST 36.13 FEET TO THE BEGINNING OF THE ABOVE DESCRIBED CURVE, CONCENTRIC WITH AND 50.00 FEET NORTHEASTERLY FROM SAID CENTER LINE OF WEIR CANYON ROAD, BEING CONCAVE TOT THE NORTHEAST HAVING A RADIUS OF 1550.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 22°18'18" WEST; THENCE, Cr\PC2007- -1- PC2007- NORTHWESTERLY 739.60 FEET ALONG SAID NON TANGENT CURVE THROUGH A CENTRAL ANGLE OF 27°20'22" TO THE PONT OF BEGINNING. EXCEPTING THEREFROM ALL BUILDINGS AND IMPROVEMENTS, AS GRANTED BY A CONVEYANCE FROM HENDRICK MANAGEMENT CORPORATION, ANORTH - CAROLINA CORPORATION WHICH IS SUCCESSOR BY MERGER TO J.R:H., INC., A NORTH CAROLINA CORPORATION TO HENDRICK AUTOMOTIVE GROUP, A NEW YORK GENERAL PARTNERSHIP, DATED DECEMBER 31, 1992 AND RECORDED MARCH 13, 1996 AS INSTRUMENT NO. 1996012.1901 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 14, 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 this request to amend apreviously-approved conditional use permit for an existing auto dealership to permit additional auto sales, auto repair, and roof-mounted equipment is properly one far which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.040.0402 (Automotive- Car Sales & Rental and Automotive-Repair & Modification) with waivers of the following: (a) SECTION NO. 18.18.090.010.0102 (b) SECTION NO. 18.18.090.050.0501.01 (c) SECTION NO. 18.44.110.010.0103 Minimum landscaoed setback. (Withdrawn) ; Maximum number of wall signs. Two signs permitted; six signs proposed) Maximum letter height: (Withdrawn) 2. That waivers (a) pertaining to minimum landscaped setback and (c) pertaining to maximum letter height are hereby denied since they have been withdrawn by the applicant subsequent to advertisement. 3. That waiver (b) pertaining to maximum number of wall signs is hereby approved, in part, for a maximum of five wall signs, consisting of four channel letter signs and one company logo sign. The building faces the intersection which is a unique orientation and therefore there are building frontages visible to the street from three directions. Although there are limited commercial properties in the area, a nearby commercial property developed with an automobile dealership has been granted waivers for wall signs as well. One sign on each elevation for a total of three signs would be appropriate and sufficient to advertise the business. The logo is appropriate for the identification of the dealership and can not be consolidated into the channel letter sign because of the proposed architecture. Six signs would be excessive and would result in multiple signs with the same information being visible from any single direction:. 4. That the use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located as the site can accommodate the combined uses proposed; 5. That "' indicated their presence at said public hearing in opposition, and no correspondence was received in opposition to the subject petition. -2- PC2007- CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Planning staff has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby approve in part, the request to amend apreviously-approved auto dealership to permit additional auto sales, auto repair; and roof-mounted equipment. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby amend the conditions of approval in Resolution No. PC85-222 pertaining to Conditional Use Permit No. 2716 as follows: 1. 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.). 2. That the water backflow equipment shall be above ground; outside bf the street setback area in a manner fully screened from all public streets. 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 Division and Cross Connection Inspector before submittal for building permits. 3. That any required relocation of City electrical facilities shall be at the develdper's expense. Landscape and/or hardscape screening of any pad-mounted equipment shall be required. Said information shall be specifically shown on plans submitted for building permits. 4. That plans shall be submitted to the Planning Services Division for review and approval showing conformance with the current versions of Engineering Standartl Plan Nos. 436 and 470 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said approved plan:' 5. That 4-foot high address numbers shall be displayed on the roof in' a contrasting color td the roof material. The numbers shall not be visible from view of the sheet or adjacent properties: Said information shall be specifically shown on plans submitted for Police Department, Community Services Division fog approval. Prior to the issuance of a orading permit' the following conditions shall be complied with: 6. The developer shall coordinate abandonment or obtain an encroachment permit for the storm drain easement. The applicant shall submit td the Public Works Department Development Services Division for review and approval a Water Quality Management Plan that: • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas., maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. • Incorporates Treatment Control BMPs as defined in the DAMP. _3_ PC2007- • Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. • Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs, and • Describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. Prior to final building and zoning inspections the following conditions shall be complied with: 8. Prior to issuance of certificate of occupancy, the applicant shall: • Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. e 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 pnsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 9. 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 Revision No. 1, Exhibit Nos. 1 - 6, and as cbnditioned herein. General Conditions: 10. 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. 11. That odmpact parking spaces shall not be permitted. 12. That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Said information shall be specifically shown on plans submitted to the Police Department, Community Services Division for approval 13. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged or diseased, andlor dies. 14. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use. 15. That if an alarm system is installed, aBurglary/Robbery Alarm Permit application, Form APD 516, shall be completed and submitted to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter... 16. That trash storage area(s) shall be maintained in location(s) 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 to 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 (1) gallon sized clinging vines planted on maximum three (3) foot centers, or tall shrubbery. Said information shall be specifically shown on plans submitted for Public Works Department, Streets and Sanitation Division approval -4- PC2007- 17. 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. 18. 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 applicants 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 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 May 14, 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 May 14, 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 _6_ PC2007- Attachment -Item No. 4 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: 18.18.090.050 (A separate statement is required for each Code waiver) PERTAINING TO: Maximum no. of wall signs 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 the vicinity; and That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. Are there special circumstances that apply to the property in matters such as size., shape, topography, location or surroundings? X Yes _ No. If your answer is "Yes," describe the special circumstances: The signs are needed for visibility from both streets. 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? X Yes _ No If your answer is "yes," describe how the property is different: The existing signs are permitted under a Variance approved in 2001. We would like to keep the same number of signs. 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? X Yes _No if your answer if "yes.," describe the special circumstances: A Variance was approved for the existing signs. We would like to keep the same number of signs. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? X Yes _ No EXPLAIN The building is difficult to see from ail angles of the adjacent streets. The signs are needed to advertise the business from different angles. The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone which is not otherwise expressty authorized by zone regulations governing subject property. Use variances are not permitted. Signature of Property Owner or Authorized Agent Date CONDITIONAL USE PERMITNARIANCE NO. At4af:hmenf :,Item iVq ~:d+: , Resohuxlax'xD. ecpk-2z3 " ' A'REfiOLVTION OP THE ANANEIH C1TY'PLANIII NG COMNI66ION , ' TIIA1' P¢TITION POR CONbITiONAL.U6a PEpMI7 N0. 3716 BE ORANT¢D WIIEAEAS, the Amheim CSty Plonning Caiiurl eafon. did raeelve~ a veii Eled PeCltlon Ear Condltlonal Uoa Peimlt ~.E [am CITY OP AHAIIE3H, 200 ~SOUth Anohelm - 6ouleve[d', Anaheim, Callfatnl8 93E06~ awnei, ', and d, A. 'il. INC., 5103 Independence 9ouleva[tl, Cha[loCter~NOith.Ca ro31n8.2B23I ANO'TALLA6, NAPGMVE,~ 6503 ~8ecrano'..AVanua, Anahclm, Coll [ornia 93007, agent Por cec[ein real ptapa[ty" eituatetl !n Ghe City of Anahalm,' County aC 0[angb, Skate of ' cnlfPOrrfa,~deacr lbod aol ' DEINC A SUODIVI9ION, OP A PORTION OP SECOND AND ,THIRD CLR69 LAND9 AGLOTT6D TOJE6U6 W1 L60N DE' 6HORB AND' R. G. , OE LA AI VA, BY 'DECREE OP ~PAATITION RENDERED ~P EBpUARP J, '1874, IU TH¢ OI6TAICT , COURT OP THE BTAT6 OP CALIPOANIA,'IN AND PO0. THE COV CITY OP LO6 ANCELEB, 2N CA9E N0, "1978,,, AND 6HOWN ON A MAP PILED' IN 6ATD CAGE, A C¢RTI PI ED COPY Ol wtl]CB UECRee WA6 RECORDED FB[IAIIARY 4, ~ . 187/ IN DOOR- 20 PAGE 190 OP DEED6, RELOADS OP. LO6' ANOELE6 . ' COUNTY, CALIFORNIA,. LYING NITH3N TENTATIVE PApC EL ,MAP NO,,E 9-159. ' .WNEREA9, the cLty Plapning ConurLnsloh ~dtd 'holds public ,hearfng'.at - [ho Civic ~Cen tar' Sn the ~Ci by oI Anaholm on'OCtobdc 14,' 1985, it 1:30 p.ot., ' notice of. sald~public haaring'~having been duly gluon ae ,cequlred by law and 'Sn accordance wi th the pcovieiona at the Anehalm Municipal Code, Chapter 10,03, " to hear and conaldnt evidence Eor~ entl ogeinet nald p[opoaad eontlitianal uon permit and to, lnveati9ate: and. make Pind logo and cecammandatione in connection thereuithl. and' " ~ NNEPEA6, ~eold :COnmlealon,. after due inepebhlon, l~~~h[lgatlan end, study made by C[aelf and 'Ln lth.behalf. and efts[ due consSderatlon oP all evidence and rapo[esoCPetad at naid~heacing, doeo, Clnd and date[mina .the, Pollouln9 Eecta: ~ ~ ~ ', 1. That the pcopogcd u.:c.le ~pcopcrly 'one' Eo:, which a Bondi Uonel''vao ~pormlc ie' authorized by Anohaim Municipal 'Code ~98ctiana~ 18.44.050.060 .and ~. 10.64.Ofi1 Co, w1Er to pe[mlt a neu and used automobile ,aelne facility ICanyon Nonde) with ualvar bf the Eellovln9c' ~ ,' 9ECTIOII6 10.114.017:30] - Neximum Cenee helgh[: ' 38,44.061.070 ,176 inch-high wall or fence !n Egont ae[back _ AND 38,4 {.060.OII aiea adjacent to Xef[ Canyon Read,'and a,' 6-Paothl9h fence ac poll edjaeent to .northerly„ . ~ .' Piapa[ty line peimi ttedl 8-foot hlah masonry ' b3ocF ;wall pcoponedl ' 2. ~. Tha! the regeeetad welve [, to ha[etiy g[en[ed' on the bnale that there era spacial ~clrcumotaneee applleable ~.td the p[apa2 ty such ae size, shape,' [opog[aphy, location and' eurcountlle9o whleh do not apply ~to~athat ~ldantical l'y zoned ~p[opecty ~ln the came uleinltyl and that at[fet ppp3lcation o[ the coning Code deptivea the pcopeeCy, ~oE privile9ee, enjoyed by' other' p[opertlea In .khe 'ltlentlcal ~zohe'antl clesolflcatlon in the vicinity.' , 062Bi ~ ~ ~ ~ ~~ ~ ~ ~~ PC08-223' 3. 'That tho pcopmed-pee, will not sdvatocly aLfact the adjolnLng land uses ahtl the, giowth and dove! opmant at the ocaa An which it is pcaphaed ., to'be located. ~ ~ ' 4. TAat the `alza and .shape dt the alto piopoaetl far the uoe to atlequa to to ell av the [ull'devalopmant of th e'p[aposad uev in a manes[ not dekc Sman tol .to the pactlcular arse nor 'to' the pence, health, eo[hEy, and ganacal volfa[e o£ the CltSZOne of tka Clty aF Anohalm: ~ ' 5: That ~thc grdn11n9 oP the eanditibnol une Pacmlt .under the condikioha impoaad, Sf any, y111 na[ .ba, detclnantal to ,the peace, health,. , solely and gbnbcel vclEOCe aF the C3 tixane of ,the city a[ AnahaSm. ' 6.' That the tcaLElc genawted by the proposed uao will not tmpohe an undue burden upon the e[cea to and'hi9hvayn ~tle619ned 'and lmpiovetl to en [ry the CwFFie in the seva. ' ~ ~ ,' ~ ' 7. ,That no ono lndicntad• their pceaeneo at Bald pub)k healing to oppoel Lion: antl that no edreeapandehcs vas received ln~ oppoaltion to the . 'oub jest petition, ~ ' EIN IRUtIX¢NTAL IXPACT PIBVI NGt Enviidnmantel Impact riepd[t No. ISB van .p[eviausly ca[tlPiad by the City eountll ~on' Uccemba[ 3/, "1982, '!n , conjunatlon with Gansral Plnn Amontlmant Na, 178. ' IiVN, TN£A£PGA £~ BE'~IT~ A66VhVE0 $het 'khe, Anehelm Dlty. P3 nnnln9 Chmmlaeion tloae he[¢by g[ant subject Potltion'Ear Conditlona3 'Uas Permit, upon ' the following condl Cioan'~vhlch are haceby Cound to be ~a necessary precequlelte ' to the propoaad uea' aE the :aub)eet pcopecty .Sn o[det. to :plenacva the safety and 9ene[al uelfarh oP the CStlzana oL the City. of Anehelm: 1. Thot subject pxapect¢ nhall he'aecved by undhrg[ound .uti11t1ea: ' ~. 2. Thnt LSCe epiinklece chell he lnhtollee'es required, by the City F![e Xacohall.~ ~ .. ~ ~ ' 3. Thee the owner of subject ,propertyshall ,pny to Lha CS ty of Anahelm~a~ ' ~ ~ fan foe ati set lighting el an9 La 'Palma Avenue ontl Nair Cenyan Aoad.ln ., an anhunt as deteimined by the City Connell. 4. That prior ~to leeunnca of a building permit, 'the npproprlate tret[Sd a lgnal aoseaemane fee obeli ~be paid' to the City o[ Anaheim In ., nn amount eetla[arminea by the 'city Caunefl'loi nax eanima[e1e1 bui'ldi'ngs.' ~~.5. ~Thae all dx lvaweye hhsll ho conakivetvd eu'eccommodate tan (10) ~EOOt rbtlluscu[b [etacnc ac,[egulcnd by the City T[affle Engines[. ~6.. That dialn,aga oE.eubjeet .property shall be dlepoeed aF Sn a~ manne[- satiafaatory to the city En9lneec. 'iL, In the p[epacation ~aE the ' alto, au[Liclent Scading ia'ce9u1[etl to nvcvsaltaty a gcnding pacmlt, ho vock ',on9iedih9ui1} hepo[mitted ~et~eenGCtobac 15th and Apol, ' '15 th'~unlasa all required oLF-e lta OtaSnage Cacilitfea lave ~heen Snatolletl 'and ace 'opocatlve. Poaitlva asau[anee obeli ~be'p[mdSd¢d to ' the ,City that' such d[elnage fecll'l lice. will'. be completed' pilot Co Vetobec 35th. Necaeeaiy tight-af-way Eot off-alts dtainege. ' .. ~ _2- ~.. .. ~~PCB5-222 Eacil plan ahnl] be dadlceted fo khe Clty, o['thc City council ahnll have Sbitleted von demnatlon'procavdSngn thoiafo[ ~1 the coaca of vhich shall be bocn¢ by the davalopdr) p[!or Co the commencement of g[oding '~ 'op¢ratlane. The [squired .drainage foci11t1eo ehall.ha ofn eizo and . type. surf iolen!ko caccy ruboff, va te[v oi191na Ei ng fcoo lilgh¢t, preps[ tled'fArmugA'vubjaet ptmpotty tv u3 Glmate dlePOeal es approved ', ~by qhe C1 ty .Engln ear., bald drainage Eecilltl en eholl ba th¢ ES[at ' item oL~ eunat[uctivn. and shall ,bC eomplatod and ~bv Punctional Chc aughout the t[nct and Hom~the dvvpatream boundary of the pcapeity ,to the ultimate Ba1nt aF'dleposel~pCtat Co the laeuance of any Elnel ' ' buiidinq lhbpactlonb a[ occupancy pat mite. ~ D[alnage dietftet - [elmburaemank agtavmante mvy pe made 'evnlleblv.~to Eke' dtvalopeca, aE ' said p[ape[ty bpon eheit sequ¢st.. . 7. That !n the event nubject property la to b¢ divided for the purpavv ' aE sale, .leaner or flnnncings ~.a ~peccel~ map to 'sveacd Chv ~epptavvd ' dlvlalon of subject prape[ty 'shall be submitted to and approved by tha.ciCy of Anehalmand then.be rvcordad iri the O[ESeb Of '[h¢ orange "~COUnty Aeca[dec. 8. xhet prior to .commancemsnt of atructu[el tramingr Else NYdranke eh all . by 'lnata]1¢d and ehacged ,ev regal[ ed end ~de[ocmined to ba necenaa[y , 'by the ChleP of Che PI[e OcpacGment. '9. TA at trash akocage a[eao.. shall ba provided, end malntoi nod Sn accordance vith ~appmved plena on Eilo vlth .th¢ 6Grea! Nalneeeehee~ . and SanltatSan, Division. ~ ,. 10:'That ~ any ptvposod , park Sp9 arcs lighking fixtures shall be ~'~ ' dovn-3 Sghtad vlth a maximum ~he19hC of 20 feet. Sold lighting ' 'E ixtu[ea shall ba'dl[aeeed ~avay P[am and 'shielded ~Cmm adjvicent pcaperty lines., ,. ' 33i That, ae opeelPled in 'Anaheim Municipal Code: 9ec[lon ' No: ' 18.04.062.032, ; na [ao!-mounted equipment, . vhnGOOever,' shall ,be '~ .. pocmi recd. ~ ~ ~ .. 12. Thak g[ading,.vxcavatlanr ahd ell athcr eona[cuction eetivlklee shell ~.. be .conducted in such a~martne[ ao ea. Lo ~minlnlxa the poas$illty of~ any silt aclg Lnatln9 from ~Cbin p[ojeeC being ~ba[ried~inty the 0enta Ano Rive[ by c[ocm .voter 'ori94nat/ng' from. a[ Elovln9 [h[augh ~tb Sa ' pcojecc. ~ .. 13. That all ang Sneering 'eaqul[envncb o[ .Che~City'of Anaheim along "Avl[ ~. CanyoO Aa¢d~and La Pel ma Avenues ,lncludi ng p[epa[atlon of tmptovement plena antl installetion'of all Smpibvemehta. abeh 'ae curbs and gutGe[ar ' sldevelkar veL¢c Lacill Clas, st[oet grading and 'pavemener ~neve[ and debinage.Eecil Stiaer o[ other oppu[tananG vock'ehall be cmmpll¢d ulth ' .a's~ c¢qultad' 'by' the '~ City engines[ and, Sn acco[denee . vlth 'apeclflmtione~on Pile '1n. rho ~Ot[1es'oL the C1ty'englnee[1 and that security in ,the Locm, of a .bonds certiEiceta' of deposit, .latter of ' credit, ~oi cash, in an'emounC and Corm natlelaetary to the Cf ty aE~' ~~ 'AbahetmJ aAell bc'poeE¢d vlth .tha'Cl ty ~to goerantea the.eatleteetory - _ completion oL: acid lmprevemente:' 6aSd'aacurl ty phmli be poo red,: with .' the City_,p[lo[' tq lecmnce of. bhilding Datmlta.{ to 9ue[entan khe ', ' ~ lneta3leGan of the above-required improvements prior ko occupancy. . .. -3-. ,' ..' PC05-221 ' ' 30.~ Tact ptlor to Saeuanee of a~~hbLlding perm! t., the ~ovnar af~ mubietE ~ , ' ~ ~' property ''ehell~~pay the'appsap[lete, d[¢inagv~ arteebemant Eeee. ~CO'Che -' ~' City of Anahalm In oh amount mdeke[mieed'by khe CLiy EngSneet. ~ '; - '. 15t That ps lo[ tp'~leeuanea oE~~a: hulldiri9 pe[m1t Co[ Yheoe II,, Elnal . . aped Eic'plena Ear ~Phbee II shall be auhml tted~to antl ~eppceved. by the '. .. Planning .Ceisnloslan. ~ _ ' 16. 'Teat aubddct~propetcy shall ba developed eVbalantiully Sh acescartaee' , '.'pleh~plans'and npeetflcnelone on ilia viCh tae City .a E, Aneh_!m narked ExhihitNae: 1 th[dugh, 5. ' 17. 'Thai ptlo[~te th'eeommeneamentof the ~aetlvlty aacaorized ~unde['thle teaolutlon; o[ ulehtn a' parlaAof 'one -yertr Lrom the dnte of this ' Caaolutlan,vhlcaave[~ oCCU[a first, ,CbnditSon Nan. '], 9, l7r 'ld, and ' 15, abovo-mentioned, aAall'~bo~tawplfod 4Sth. Bxtenaione for Ee[ther - . time:'to~ edmplece said conaltlona may by granted Sn oceo[danee viih ~ , ~~eacEla n"18.07.090 of tae Anaheim NunielpalCOda. - 10. Phat ~PCloi Lo 'f laal building and Zoning .inapactfono, Condlclon Noa. 1, ii ~5, 6, 9, ~10, llr 17 and,l6,' above-mentioned, ~eaall ~be cemplled vleh. ' ~ ~ bE 'IT PURTNEA'AESULVEO that the Anaheim City P1Bnning CommLBeton does' . he[ehy fSntl 'antl determine chat adopEian. of [h la Aaeoluttan Ss eapromaly p[adicataq upon appllcant'e~ eampllance .vith oach, and ell oC 'the conditlone ' heieinabove set forth.' 6hoUld .any each eondltians. or eny pact ChesoaE, 'lie ' decla[ed Savalld or unenfameabld' by; the 'final luagpent oC any court aE~ comPatent josledicclan, then. thle Aeoolu[ion, and. eny- app[ovaly herein contaSnetl, shall be deemed null and void. TNE~ PORECOIIIe, RESOLUTION Sv "e lgaed and ;app[oVad by me th le 14th day oECCCOtia r,, 1955. ~ ; IOd[IPaI slcnedbv Chxrlnne lla CIzUt~ ~~ ~ CIIAIAWCNAN, ANAHEIM CITY PLANNING ~CONMI66100 ATTE6T:.. ~ .. ' ~ lOrlginalslgnedhyEdiUlLH~rds1 ' .. .. ~ ~ ~,_ ,~ SECRETARY, 'AMNEIN CITY'PLANN ING CONMI95IOIY' ~ ~ ' ' .. -, , .. PC06.222', '. :;STATE OP CALZPORNIA) ~~~ ~ ~ ' . ; ::COUNTY OF ,OMNGE ~ ) en: -..: ' :.. ' . . ' ' . ' .. ; :.: ~ ~ ; ' CITY OP ANAH ¢IH P'. ~.:' ;i. ~' ~:I ~ ' .I r,' ¢di thy. 1. ~tlacila'p -6ac[etocY:'of '. tha •:,Anehclm City/~P3anning' ' Commfoelon/'de haceby. sertl[y'that'tho [o[agoin9 caoo3ut3an' wee; poeoed and'' 'odopEod a!'a maetln9.~of. Cho.Anehelm'City 'Planning Commlue ion. held on ~o<tobe[ . ~ila 3905r Iby, theifollaving vuEo_of'tha mnnbeio the[aoC: _ ,!~'~AY65:i ~~~COMHIS6ION6R6:~ PAY. LA CLAIAEr LANICNI~, NE66¢ HUES: ' . ' CONHI68IONEA6,:; NON¢ ~ "' . - ' ABS¢NTq .CONNI66ION¢A6r BOVA6r NEpB6Tr MC BVRNEY .~ .' IN NETN E6S NBEA¢OPr I have ~he[eunto 'oe6~ my Nand th1a, ld th ~• day. of ' Oceeheir'1965. ~' ' ' ~ - ~ ' ' ~ ~ '~ ~ ~ IOr161nalsigned6YEdiIhLHanisl ~~ ~ ~ .~~ ~~ I ' 8¢CR¢TAAYr ANAHEIM CITY PLAtINING_COMAIS6ION Item No. 5 C-G RCL 666]-53 ORIVE- RGL 5460-3fi /O' CUP 3717 THRU vAR 4106 REST. VAR 1053 LINCOLN AVENUE -'-'- 0 a RCL 60-91-07 RCL SFr56-00 G G (Ras. of Inl to CL) RCL 55 -56-40 CUP 2005-04957 (Res. of 1 1. to GL) cuP ioo census r-cuP cool-0a32e CUP 4054 CUP 4041 CUP 3650 PCN200S00010 (V-3455 s) SMALL SHOPS T (MHP) RCL 82-63-28 RCL 62-63-108 ~ (Res. of Intent to RM-1200) ~ RCL 55-56-40 Q (Res. of Int. to CL) > CUP 767 LU MOBILE HOME PARK J O m T (MHP) RCL 62-63-26 T RCL 80431-23 = RCL 62-63-108 (Res. of Intent to Cy (,) Res. of Intent 1o RM-1200 ( ) RCL fi4b5-66 Q RCL 55-56-00 4 (Res. of InL to CH) I W (Res. of Inf. to GL) 4 RCL 56-56-00 m CUP 767 9 (Res. of Int. to CL) CUP 2170 8 1 ou- T (MHP) T (MHP) RCL 82-63-26 RCL 82-83-28 RCL 64-6fr66 RCL 55-56-40 (Res. of Inl. to GH) CL) (Res RGL 55-56.40 CUP 767 (Res CL) CUP 767 MOBILE HOME PARK Reclassification No. 2007-00199 (T-CUP 2004-04923) (CUP 3222) C-G RM-4 (CUP 2362) RCL 98A9-12 RCL 97-96-15 (CUP 562) RCL 55-56-37 T-PCN 2004-00017 (CUP 95) CUP 3006 CUP 4009 (VAR 631) CUP 2705 VACANT SERVICE m i Requested By: ANAHEIM REDEVELOPMENT AGENCY 212 South Beach Boulevard C-G RCL 91-92-14 les. of Inl. to CL GG H, C{ RCL 56-57-22 ~~ RCL 61 b2-12 RCL fit-fit-12 VAR 1534 W W RCL 62- CUP 2999 CUP 4029 VAR 1412 ~ CUP SERVICE '~+e CUP 3682 N CUP F ON > ¢ CUP 1372 VAR 1534 SMALL ~ VAR 1 SM/ VAR 1412 SHOPS O SHC ~ PCN 98-03 Q ~ ~ C-G m RCL 56-57-22 u -° CUP 176 ti°'= ('~1 n CAR WASH ~ z EM BASS Y AVE LE N C-G Lj m ~ RCL 91-92-14 les. of Int. to CL) ~4 RCL 56-57-22 w.. VAR 4151 E m AMERICANA a E' R 2004-0~ MOTEL oo RM-0 E ~ CL61-fit-12 to VAR 1534 c~ VAR 1412 = Q" RM-4 O ~(~ ~ RCL 61-62-12~i- VAR 1534 ~ Cam""--' 4,'0. O VAR 1412 ~- '' RCL 2007-00199 ,. * ~ i. RCL 87-68-57 -. CUP 3960 C."'- ~ CUP 3006 i ; VACANT I a ®-z5o' ~~ y~ P FAO ~~- fi T(MHP) PU" RCL 8243&28 CUP 1172 ps VACANT VAR 1534 /~ VAR 1412 !///~\\1 N Subject Property Date: May 14, 2007 Scale: 1" = 200' Q.S. No. 13 mz76 Reclassification No. 2007-00199 Requested By: ANAHEIM REDEVELOPMENT AGENCY 212 South Beach Boulevard Subject Property Date: May 14, 2007 Scale: 1" = 200' Q.S. No. 13 mz~o Staff Report to the Planning Commission May 14, 2007... Item No. 5 5a. CEQA NEGATIVE DECLARATION (Motion) 5b. RECLASSIFICATION NO. 2007-00199 (Resolution) SITE LOCATION AND bESCRIPTION: (1) The property is identified es 212 South Beach Boulevard: REQUEST: (2) This is a request initiated:by the Community Development Department to reclassify the subject property from the General Cammercial (GG) zone to the Multiple Family Residential (12M-3) zone for future development. BACKGROUND; (3) This property is currently vacanf and is located within the General Commercial (C-G) zone. The property is designated for Low-Medium bensity Residential land uses in the General Plan and is located in the Merged Redevelopment Project Area. The City's Housing Elementdesignates this property as a Housing Opportunity site: The Generale Plan designates the surrounding properties to the north and west for Low-Medium Density Residential land uses; to the south for Institutional landuses, and to the east for Medium Dehsity Residehtialland uses. DISCUSSION: (4) ThisYeclassification would permit the future development of attached single family homes, subject to compliance with development stantlards of the Multiple Family Residential zone. Approval bf a conditional use permit and tentative tract map would also be required:: This reclassificatioh'request would implement the existing Low-Medium Density Residential General Plan land use designation: Based on this designation, the property would be allowed up to 34 housing' units at a density of 18 dwelling unitsper acre. The requested reclassification would facilitate the teplacement of underutilized mtd-block commercial properties with new residential development in an area containing other residential uses: (5) The'attached memorandum from the Community Development Department dated March 7, 2007, indicates a reclassificatidn is being: requested to allow the developmentof an attached single family residential housing projectat a densityof up to 18 dwelling units per acre: Community Development is in negotiations with a developer to build a condominium bomplex: A development plah has not yet been submitted. SR-RCL2007-00199ds Page 1 Staff Report to the Planning Commission May 14, 2007 Item No. 5 ENVIRONMENTAL IMPACT ANALYSIS: (6) Staff has reviewed the proposal to reclassify this property from the General Commercial zone to the Multiple Family Residential zone. Staffprepared ari Initial Study which is available for review in the Planning Department, and the studyconcludes that there will be no significant environmental impacts; therefore, staff recommends tftaYa Negative Declaration be approved. RECOMMENDATION: (7) Staff recommends that the Planning Commission take the following actions as`indicated in the attached resolution: (a) By motion, a rove a CEQA Negative Declaration for the project (b) By resolution; approve Reclassification No. 2007-00199. Page 2 [~~FT) RESOLUTION Np. PC2007--"' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 2007-00199 BE GRANTED, UNCONDITIONALLY (212 SOUTH BEACH BOULEVARD)' WHEREAS, the Anaheim Planning Commission did receive a verified petition for Reclassification for real property situated in the City of Anaheim, County of Orange, State of California,' described as follows: ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA AND DESCRIBED AS FOLLOWS: THE SOUTH 5 ACRES OF THE WEST 10 ACRES OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 11 IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS:. BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTH 5 ACRES; THENCE 'NORTH 334.76 FEET ALONG THE EAST LINE THEREOF; THENCE WEST 325.24 FEET TO THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 13; THENCE SOUTH 334.85 FEET ALONG SAID W EST LINE TO THE SOUTHWEST CORNER OF SAID SOUTH 5 ACRES; THENCE EAST 325.24 FEET TO THE POINT OF BEGINNING. ALSO EXCEPT THAT PORTION THEREOF CONVEYED BY MERNA G. CRANDALL AND HUSBAND TO THE STATE OF CALIFORNIA BY DEED RECORDED APRIL 19, 1951 IN BOOK 2178., PAGE 80 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center ih the City of Anaheim on May 14, 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 reclassification 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 this is aCity-initiated request for reclassification of subject property from the C-G (General Commercial) zone to the RM-3 (Multiple Family Residential) zone or less intense zone.. 2. That the Anaheim General Plan designates the property for Low-Medium Density Residential land uses and the proposed RM-3 (Multiple Family Residential) zone is an appropriate implementation zone for this land use designation. 3. That the proposed reclassification of subject property is necessary and/or desirable for the orderly and proper development of the community. CR\PC2007- -1- PC2007- 4. That the proposed reclassification of subject property does properly relate to the zones and their permitted uses locally established in close proximity to subject property and to the zones and their permitted uses generally established throughout the community because it would result in a residential project that is consistent with the type of housing envisioned for the area.... 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: That the Anaheim Planning Commission has reviewed the proposal; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with .any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby unconditionally approve the subject petition for Reclassification to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to exclude the above-described property from the C-G (General Commercial) zone and to incorporate said described property into the RM-3 (Multiple Family Residential) zdne. BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject prcperty; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole discretion. THE FOREGOINGRESOLUTION was adopted at the Plahning Commission meeting of May 14, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. ATTEST: CHAIRMAN, ANAHEIM PLANNING COMMISSION SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA' ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Ahafteim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planhing Commission held on May 14, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS`. 2007 IN WITNESS WHEREOF, I have hereunto set my hand this day of SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION -2- PC2007- Attachment -Item No. 5 l11 IAI ~. ~... .C '~->. ,; -~ - ', '""'~'"! ,rxr -. f~~~~Nl1FI~.~` City of Anaheim C®MUNITY I)EVEL®PMENT To: Planning Commission Sheri. Vander Dussen, Planning Director Prom: iplcovich, Executive Director -Community Development cc: David. See, Greg Hastings, Sergio Ramirez Date: March 7. 2007 RE: RECLASSIkTCAT1ON NO. 2007-00197 212 S. BEACH BOULEVARD The Anaheim Redevelopment Agency ("Agency") owns the 1.9 acre site located at 212 S. Beach Boulevazd and is requesting a zoning reclassification. The Agency is currently in negotiafions with Brandywine Homes for the development of 36 town homes on the site. Since the site is currently zoned C- G (General Commercial), a reclassification from C-G to RM-3 (Multiple Family Residential) is required for future development of the site. This reclassification would be consistent with the General Plan designation of Low- Medium Density Residential land uses. FIDOCS\OEl'SVC_SIMEMOS'SNMl30'/A]I25 OcuA Zane R¢lasaifiaa~inn WC Item No. fi BIRCHMONT DRIVE RCL 68-69-87 RS-10;000 VAR 2078 - 2 DU EACH J a RM-3 w RM-3 > 2 DU EAC RM-4 C-O ~ RCLfi9-70-01 RC12006-00176 1 DU ~ VAR 2100 RCL 63-64-30 VAR 2652 CUP 914 CONDOS CUP 470 115 DU VAR 3062 VAR 1873 5 ' 4 - VAR 1747 S ~ o VAR 1724 S ~ a ` MIS 2007-00195 ~ VACANT RM-4 RGL 6&64-30 CUP 470 RM-4 VAR 3062 ~ RCL 74-75-32 APAgo ouNTS d® ~ ARTMEN ~ h . LR~ AP TS ~iA 77 DU J / d rd eo4, 4q._ ~ adn_® _ a l 4 ~® i~ ~I 14 i-13 AUTO ~'9G~, SALVAGE \ARD OEN1E~\ ~ VAR 1786 m Q DU ACH ~ w I 'RA PEARL STREET 1 ~ -D I- A~ M 7O ~ N- ~ D ~S T- RI M_4 ' ~ APARTMENTS I 18 DU .i WILSHIRE AVENUE 1 ~ LINCOLN AVENUE ® ~----- w U O Subject Property Miscellaneous No. 2007-00195 Date: May 14, 2007 Scale: 1" = 200' Requested By: ANAHEIM HOUSING AUTHORITY Q:S. No. 62 1 DU EACH D 1D D w Q Z ~ O ~ w U ~ r. ~~.66,~ ,;z~ o, R" 3~~~~~ @6PMZO ~°• IGC~Pp 2' ~GUP ~ VpFP .,-~~~P4 11~~ e i 2~ 'N No Address and 1228 - 1232 West Diamond Street -Diamond Aisles 1o2ss Miscellaneous No. 2007-00195 Requested By: ANAHEIM HOUSING AUTHORITY No Address and 1228 - 1232 West Diamond Street. Subject Properly Date: May 14, 2007 Scale: 1" = 200' Q.S. No. 62 tozss Staff Report to the Planning Commission May 14; 2007 Item No. 6 6a PUBLIC RESOURCES CODE EXEMPTIOtJ SECTION 21159.23 (Motion) 6b. DETERMINATION OF CONFORMANCE WITH DENSITY BONUS (Motion) ORDINANCE (TRACKING NO. MIS2007-00195) SITE LOCATION AND' DESCRIPTION: {1) This property is identified`as 1228 - 1232 West Diamond Street and also includes another parcel with no address. REQUEST. '. (2) The applicant requests Planning Commission'determination of conformance with Chapter 18.52 (Denstty Bonuses)for a proposed twenty five {25) unit affordable apartment complex with the following Tier 2 Development Incentives: (a)' CODE SECTION NO. 18.06.090.010.0102 Minimum landscape and strvcturaf setbacks adjacent fo a bublic street. 15 feet required; 10 feet proposed) (b) CODE SECTION NO: 18.42.030.020.0205 Maximum distance of unassidned pa~king spaces to the units being served. "(200 feet required; 228 feet. proposed) (c) CODE SECTION N0. 18.52.070.010 Minimum number of required parking spaces. ' (34?required; 30'proposed) BACKGROUND: (3) This property is vacant and is in the Multiple-Family Residential (RM-4) Zone: The General Plan designates the site and properties to the north, east, and west for Medium Density Residential land uses. Properties to the south are designated for Commercial land uses. (4) Section 65915 of the State Government Code requires pities to allow certain density ; bonuses, developmenfincentives ahd reduced parking requirements for housing developments that provide housing opportunities to households with very-low, low and moderate incomes. Chapter 18.57 of the Anaheim Municipal Code implements these State requirements: This chapter allows applicants a menu of "tiered" incentives that offer two levels of review based' on the type'of incentives requested and theievel ofaffordabtfity proposed.. Tier One incentives receive ministerial, or staff level, review. Tier 2 incentives require a noticed public hearingbefore the Planning Commission: The requested development incentives shall be granted if the proposed housing development is in conformance with the requirements of Chapter 18.52, unless the findings inParagraph 17 can be made,; s~aszom-0oissaw.ao~ Page 1 DEVELOPMENT PROPOSAL: (5) 'The applicant requests Planning Commission determination of conformance with Chapter` 18.52 to construcf a'25-uniYaffordable apartment oomplex with three (3) Tier 2 Development Incentives. (6) The applicant has agreed to provide a minimum of five (5) units, which is 20% of the totaF units as affordable to very low-income households Rents for the 5 units provided for under the Density Bonusbrdinanceare calculated as the producfof thirty perceht (30%) times fifty-percent (50%) of the areamedian income for Orange County(adjusted for household: size appropriate for the uhits) divided by twelvepursuaht to California Redevelopment Law as defined in the Letter of Understanding dated May 2007. (Attachment No. 1 } These 5 units wilt 6e comprised of a minimum of three (3),1-bedroom units and two (2) 2-bedroom units. (7) The project consists of a three-story building with tuck-under parking. and an adjacent surface parking lot.. The proposal consists of 15 one-bedroom units and 1-0 two-bedroom units with the following site characteristics: Developrtient ~Pr•a`posetl Project ;,~ ~17Rfi-~~on's~9tandard~ z ,,~ .' ~tartrlarcJ~ , .~:< ~ . Sike Area; 36,962 s.f. .85 acre `h/a Num6er`of Dareilin» ;=. 25 30.5 maximum per the General Plan ~UnIts Y ~~:, designation; 41 unitsifa density ~a ,F„ , , tionus isre nested ~Laosl Area per Umt.~ t 1,478 s.f. 1,200 s.f. per d:u: minimum (36 d.u. / .~. ~~.` 29d.u./acre 'acre Lott7oYea e, ~~ 41% 55%maximum ;~2ecreaEmnai Leisu[e 7,460 s.f. 5,000 s.f. minimum "area ~ ,~~ ,~, ~. 200 s.f. er d.u. smus2°°7-0otsslJw.a°c Page 2 Staff Report to the Planning Commission May 14, 2007 Item No: 6 (8) The applicant proposes the setbacks indicated in the table below{refer to site plan, Exhibit No. 1): Theproposed setbacks adjacent to public streets require the granting. of a Tier 2 Development Incentive: Code requires a minimum landscape and building setback of 15 feet and 10 feet is proposed. Direction Zoning : Required Structural Required Landscape Setback /Proposed Setback /Proposed Build)n Setback (Buildin Setback- `; North (portion RM-4 20 Feet/ 29'- 32 Feet 5 Feet / 5 - 8 Feet' adjacentto multiple famil residential ':North {adjacent to N/A 15 Feet / 10 Feet 15 Feet / 5 -10 Feet Diamond Street East RM-4 : 20 Feet 1 199 Feet 5 Feet / 5 Feet South (adjacent to C-G > 15 Feet / 10 Feet 15 Feet/ 8 - 10 Feet Wilshire Street West (adjacent to RM-4 15 Feet / 10 Feet 15 Feef/ 10 Feet. Pearl Street (9) Vehicular access would be provided via two (2) driveways on Diamond Street: The location of the'proposed parkingspaces in the ad}acent surface parking. Ibt exceeds the maximum distance allowed for unassigned parking spaces to the units being served: Code requires a maximum distance of two hundred'(200) feet and two ftundred wentyeigfit (228) feet is proposed. Tfie propbsedldcation of the parking spaces requires the grarttng'bf a Tier 2 Development Incentive. (10) The five (5) units designated as affordable rental units are entitled to reduced'parking ratios greater than density bonus development parking ratios as indicated in the table below: Code requires 34 parking spaces ahd the site plan indicates 30 spaces. Theproposed number of parking spaces requires the granting of a Tier 2 Development:lncentive: The applicant is working with the Community Developmeht Department to secure additional: finding from the Redevelopment Agency which may result in 900% of the units being affordable. If that occurs, the projeck may use the Affdrdable Rental Housing: Development parking ratios which requires 30perking spaces and the project would no ldnger require this Incentive. Affordable Rental Housin Develo ment Parkin „Nu'mber of ~~ Number of Units Numbe~of pace"s " `Total Spaces.:: .... ~ . ¢edrooins.'? ~ ~ Re'"wired- ti ~:~~~ 1 3 1 r;, 3 2 2 1.5 3 .Total arkin fdr affordable units - 6 ~` ' ... Den~l`t BonusiDeyel9 ~ rnen~ Parkin 1 12 1 12 2 8 2 16 Total arkin for remalnin units 28 Total for Pro ect > 34 (11) The. letter of operation indicates that this 25-unit affordable apartment complex would accommodate residents with an income level that is at or below thirty percent (30%) of the Area Median Income: The project will house an bh-site manager's office and a property sRm:z°a~-0o~ssww.°o° Page 3 Staff Report to the Planning Commission May 14, 200T Item No. 6 management company to manage leases and provide the maintenance and care of the complex; ; ENVIRONMENTAL IMPACT ANALYSIS: (12) Pursuant td Sectioh No. 21159.23 of the Public Resources Code, this project is exempt from CEQA. EVALUATION: (13) The proposed apartment complex would provide affordable housing in furtherahce of the City's Housing Element and the Affordable Housing Strategic Plan. The project proposes 20% of the total units as affordable to Very Low Income househglds; and' is entitled to receive three (3) Tier 2 Development Incentives. The applicant has. requested three (3) Tier 2 DevelopmenEincentives:; The City is required td grant the requested incentives if the proposed housing development is in conformance with Chapter 18.52; unless it makes the findings: in `Paragraph 17. (14) The applicant's pro-forma on file with the Planning Department has demonstrated that the three incentives would be necessary to make the housing unitseconomicallyfessible. (15) No specific adverse impacts upon public health ahd safety or on the physical environment, or on ahyYeal property thaYis listed in the Califomia Register of Historical Resources are anticipated: (16) Prior to the. issuance of building permits fog this housing development, the applicant is required to enter into a Density Bohus Housing Agreement with the'City to ensure that the level bfaffordability proposed fbr this project is maihtained for a minimum of fifty (55) years and that all of the requirements of Chapter 18.52 will be met. ' FINDINGS: (17) The City shall approve the request for Development Incentives and in the number specified in Section 18.52.090 (Development ncentives) pursuant to the implementation of a Density: Bonus Housing Agreement defined in Section 18.52.230 (Density Bonus Housing Agreement) unless it makes a written finding, based upon substantial evidence, for either of the following. (a) That the incentive is not required to provide affordable housing costs or affordable rents; or (b) That the incentive would have a specific adverse impact upon public health and safety or on the physical environment, or do any real property that is listed in the California Register of Historical Resources,` end for which there`is no feasible method to satisfactorily mitigate or avoid the adverse impact withoufrendering tfie development unaffordable to very-low, lower; or moderate income households. smszos~-0oissaw.aoc Page 4 ;:.a Staff Report to the Planning Commission May 14, 2007 Item No. 6 RECOMMENDATION: (18) Staff recommends that the Planning Commission take the following actions: (a) By motion, determine that the project is statutorily exempt from CEQA under Public Resources Code Section 21159.23. (b) By motion, determine that the proposed 25-unit affordable apartment complex conforms with the Anaheim Municipal Code and State Density Bonus Law pursuant to Section 65915 of the Government Code, and therefore, grant the requested Development Incentives.. s~szom-oaisskiw.ao~ Page 5 City of Anaheim PLA1VI~ilIVG DEPA[t'TMEN'I' Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of May 14, 2007. 6a. PUBLIC RESOURCES CODE EXEMPTION SECTION 21159.23 6b. DETERMINATION OF CONFORMANCE WITH DENSITY BONUS ORDINANCE' Owner: Anaheim Housing Authority, 200 South Anaheim Boulevard, 10rh Floor Anaheim, CA 92805 Agent: Jamboree Housing Corporation, 17701 Cowan Avenue, Suite 200 Irvine, CA 92614 Location: 1228 -1232 West Diamond Street (partial address) Planning Commission determination of conformance with Density Bonus Ordinance requirements to construct a 25-unit Affordable Rental Housing Development with the following Tier 2 Development Incentives: a. CODE SECTION NO. 18.06.090.010.0102 Minimum landscape and structural setbacks adjacent to a public street. Ci s feet required; 10 feet proposed) b. CODE SECTION NO. 18.42.030.020.0205 the units beinc served. 200 feet required; 228 feet proposed) www.anahelm.net c. CODE SECTION NO. 18.52:070..010 Maximum distance of unassigned parking spaces to Minimum number of required parking spaces. 34 spaces required; 30 spaces proposed) ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission has reviewed the proposal to construct a 25-unit Affordable Rental Housing Development with incentives and does hereby determine that pursuant to State Government Code Section No. 21159.23, CEQA provisions do not apply. Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission does hereby determine the proposed 25-unit Affordable Rental Housing Development conforms with the Anaheim Municipal Code and State Density Bonus Law pursuant to Section 65915 of the Government Code., and therefore, grant the requested development incentives. MIS2007-00195_Excerpt 200 South Anaheim Boulevard P.O. Bax 3222 Anaheim, California 92803 TEL (714)765-5139 Attachment -Item No. 6 DENSITY BONUS MEMORANDUM W ITH COMMUNITY DEVELOPMENT AFFORDABLE RENTAL HOUSING DEVELOPMENT Date of this Agreement: Mav 2 2007 Developer Name: Jamboree Housing Developer Address: 17701 Cowan Avenue Ste. 200 Irvine CA 92614 Project Address: 1228 - 1232 West Diamond Street Name of Development: Diamond Street Affordable Apartments Number of Units: Total Units 25 Affordable Units 5 Type of Development: Apartments XX Low-Income Housing Taz Credit XX Affordable Program: Density Bonus Affordable Rental Option XX The City of Anaheim may grant a density bonus acrd/dr other incentives (collectively referred to as a "Density Bonus") for the development of an'Affordable Rental Housing Development (utilizing the provisions of the "Affordable Rental Option" as notated above), pursuant to Chapter 4, Section 65915 of the California Government Code and Title 18, Chapter 18.52 of the Anaheim Municipal Code. Upon approval of a Density Bonus, the City of Anaheim shall enter into a Density Bonus Housing Agreement with the developer and/or owner (hereinafter referred to as "Developer") of the Affordable Rental Housing Development pursuant to the requirements of Chapter 18.52. This Density Bonus Memorandum with Community Development, executed by the Developer and the Anaheim Community Development Department, shall serve as a memorandum acknowledging the basic terms that will be included in the Density Bonus Housing Agreement and shall be submitted to the Planning Department by the Developer at the same time the Developer applies for a Density Bonus., Prior to the issuance of a Building Permit for an Affordable Rental Housing Development, the Developer shall execute and record against the development site a Density Bonus Housing Agreement that sets forth the terms and conditions of approval of said Density Bonus. The Density Bonus Housing Agreement shall be binding on the Developer and all future owners and successors in interest thereof. Developer acknowledges that the Density Bonus Housing Agreement will include, but not be limited to, the following conditions: 1. That at least five (5) units shall be restricted tc a rent that is affordable for Very-Low Income households (Affordable Units). Affordable Rent shall be calculated as the product of thirty percent (30%) times frfty percent (50%) of the area median income for Orange County adjusted for the appropriate household size for the unit. The area median income for Orange County shall be as determined and published by the Department of Housing and Community Development (HCD), as set forth in Section 6932 of Title 25 of the Caifomia Cade of Regulations: F:\DOn\ADMIMMEMOS\AAM]503A Daairy B°nut Memmm~dum -Diamond 5\reel (revisrd 5-J-O'n.DOC Density Bonus Memorandum with Community Development 1228 -1232 West Diamond Street Page 2 The appropriate household size for the unit shall be derived from the standards of-the Federal Low-Income Housing Tax Credit program. If no Federal Low-Income Housing Tax Credits are obtained, household size shall be as indicated in Table 52-I (Household and Unit Size Assumptions for Affordable Rental Housing Developments) of Chapter 18.52 of the Anaheim Municipal Code. 2007 Affordable Units Schedule Bedroom Number Current Size i of Units Affordable Rent Monthl Rents' 1 bedroom 3 30°/H x 50%AMI for Orange County, adjusted $738 forhousehold size 1.5 , divided b 12 2 bedroom g 30°/H x 50% AMI for Orange County, adjusted $885 for household size 3 , divided b 12 Total Units 5 ' Before deduction of Utility Allowance. 2. That the Affordable Units shall be interspersed throughout the Affordable Rental Housing Development. 3. That the Affordable Units shall remain affordable, as calculated per Condition No. 1, for a minimum period of fifty-five (55) years, 4. That the design of the Affordable Rental Housing Development shall comply with the guidelines set forth in the Residential Design Guidelines for Affordable Housing Development produced by the City of Anaheim, the Anaheim Historic Preservation Plan and any other applicable guidelines adopted by the City. from time to time. 5. That the Affordable Rental Housing Development will be compatible with the scale and character of the existing neighborhood and nearby land uses. 6. That the Affordable Rental Housing Development will preserve the integrity and character of the property's zoning designation and the General Plan. ' 7. That the Occupancy of each unit in the Affordable Rental Housing Development shall not exceed two (2) persons per bedroom plus one (1). 8. That if Parking Ratios are utilized pursuant to the minimum standards of Table 52-E (Parking Ratios) of Chapter 18.52 of the Anaheim Municipal Code, the owner of the Affordable Rental Housing Development shall provide a Parking Management Plan, which shall be attached to the Density Bonus Housing Agreement... The Parking Management Plan shall include, among other things, a map depicting which parking spaces are reserved and which are not. 9. That Chapter 18.52 of the Anaheim Municipal Code, when enacted in conjunction with the provisions of the Affordable Rental Option, allows an Affordable Rental Housing Development to utilize all of the Tier One incentives identified in Chapter 18.52; any incentives requested for the project in' addition to the Tier One incentives are considered a Tier Two incentive and require a Planning Commission Public Hearing. F:N°GSU°MIMMEM°MAAf15°3A °rn,iry Honw Mc,emnMum- °wmM Sllttl (rtvi,d ~.}°~) p°C Density Bonus Memorandum with Community Development 1228 -1232 West Diamond Street Page 3 10. That the Affordable Rental Housing Development shall Management Plan, acceptable to the Community Development attached to the Density Bonus Housing Agreement. comply with a written Director, which shall be 11. That the owner of the Affordable Rental Housing Development shall provide a Marketing and Tenant Selection Plan, acceptable to the Community Development Director, which shall be attached to the Density Bonus Housing Agreement. The Marketing and Tenant Selection Plan shall include, among other things, provisions affording the Anaheim Housing Authority a first right of refusal in referring eligible tenants to affordable units: a) Low-Income Households or Very-Low Income Households, as applicable, who have been displaced from their residences due to programs or projects implemented by the Anaheim Community Development Department; b) Low-Income Households or Very-Low Income Households, as applicable, who have applied for and have received rental vouchers from the Anaheim Housing Authority; c) Low-Income Households or Very-Low Income Households, as applicable, who are listed on the Anaheim Housing Authority's waiting list for affordable housing and who live and/or work in Anaheim; and d) Low-Income Households or Very-Low Income Households, as applicable who live and/or work in Anaheim. 12. That prior to occupancy of any rental unit, Professional Management shall be provided for all of the units in the Affordable'Rental Housing Development. The Professional Management shall manage and maintain the property, monitor the use of parking spaces, and market and select tenants in accordance with the Parking Management Plan required by Condition No. 6, the Management Plan required by Condition No. 10, and the Marketing and Tenant .Selection Plan required by Condition No. 11. Professional Management shall be on-site for any Affordable Rental Housing Development aver frfteen (15) units. 13. That the Affordable Rental Housing Development shall comply with all reporting requirements under the Affordable Rental Housing Development Program. By signing and returning this Density Bonus Memorandum with Community Development, as the Developer, I concur and agree to all of the terms and conditions set forth above and agree to execute a Density Bonus using Agreement. D ve oper Date ~~~ ~~ Date Housing Services Manager F~DOCSIADMINU1CM1fOSAAM]SU]A Dwiry 8mw, MvmrenGUn ~ DiemoM Strtn (mired JJ-0]).DOC Attachment -Item fNo. 6 RE: Diamond Aisle -Density Bonus Application Letter Dear Ms. Wong: This letter addresses the City of Anaheim's Density Bonus Ordinance application submittal requirements per Section 18.52.150 of the City Zoning Code.. This letter includes the following information: ® A brief description of the proposed housing development, including the total number of units, affordable units, and density bonus units proposed. ® A description of the parking ratios to be used that will accompany the request. ® A list of incentives requested and a financial analysis (pro forma) for the project describing the incentives requested and why the incentives are necessary to provide the affordable units proposed. ® A description of the on-site management operations (number of employees, hours, level of services provided). Project Description The proposed twenty-five (25) unit, three-story Diamond Aisle Apartment project with 15 tuck under .and 15 open surface parking spaces, is a 100% affordable rental housing development for households with incomes at or below 30% of Area Median Income. The project consists of fifteen (15) one bedroom and ten (10) two bedroom units that range in size from 700 square feet for the one bedroom units to 825 square feet for the two bedroom units. The project also includes a 2,500 square foot resident services center, tot-lot, bike racks/lockers, and a barbeque area No density bonus units are proposed as part of this project. ..a nonprofit corporation dedicated fo providing affordable housing 17701 Cowan Avenue, Suite 200 ~ Irvine, CA 92614 ~ 949.263.8b76 FAX 949.263.0647 Parking Ratios .The proposed project is consistent with the underlying zone district of RM-4, which..... allows a maximum density of 36 units per acre, trut due to the physical constraints of the site, meeting the parking requirements under the RM-4 zone district would be infeasible. Modification to the parking standards is necessary in order to develop an economically viable project. Since the project proposed is 100% affordable at levels consistent with State Density Bonus requirements, the project qualifies for reduced parking ratios as provided per Senate Bill 1818 (SB 1818). The City of Anaheim Zoning Code Section 18.52 requires that to qualify for the parking ratios allowed under the City's Density Bonus Ordinance, a project must request and comply with Section 18.52.120 "Affordable Rental Housing Development" to be eligible for development incentives that include the reduced parking ratios. The proposed project is considered an Affordable Rental Housing Development. Section 18.42:030.0201 requires: that RM-4 zoned multiple family residential projects :provide parking based on 2.0 spaces per 1 bedroom and 2.25 spaces per 2 bedroom. This would require a total of 53 parking spaces for the Diamond Aisle project. Because the project is an Affordable Rental Housing Development, it is eligible for a parking reduction consistent with the parking ratios showm under Table 52E of Section 18.52.070. Although the project will be 100% affordable, as outlined in the Density Bonus Memorandum, the project is only required to provide five (5) Affordable Units. Of the five (5) required Affordable Units, three (3) units are designated a 1-bedroom units and two (2) units are designated as 2-bedroom .units. Based on the number of Affordable Units required under the Density Bonus Memorandum the project is required to provide 34 off-street parking spaces. (1) Affordable.Rental Housing Development Parkins (2) Number of Bedroo ms (3) Number of Units (4) Numbet• of Spaces Require a' (5) Jotal Spa ces 6 1 7 3 8 1 9 3 10 2 11 2 12 1.5 13 3 14 Total arkin for affordable units 15 16 6 17 Dettsi Bonus Develo ment'Parkin 18 1 19 12 20 1 21 12 22 2 23 8 24 2 25 16 26 Total arkin for remainin units 27 28 28 29 Total for Pro'ect 30 31 34 Development Incentives In order to develop an economically feasible project on this highly constrained site that is well designed, includes several amenities, and is capable of financially supporting the cost of professional on-site management, the following Tier 2 development incentives a nonprofit corporation dedicated to providing affordable housing 17701 Cowan Avenue, Suite 200 Irvine, CA 92614 949.263.8676 FAX 949,263.0647 are at a minimum necessary to achieve this goal Development Incentive #4 Reduction of the landscape setback along the perimeter of the project abutting the public streets (Pearl Street, Wilshire Street, and Diamond Street). (Tier 2) Development Incentive #2: Increase maximum distance of unassigned parking. (Tier 2) Deve/opmenf Incentive #3:; Reduction in number of required off-street parking spaces. (Tier 2) The following discussion provides an explanation acid/or justification for the need for each specific development incentive requested. Development Incentive #1 City of Anaheim Zoning Code Section /Uo. 18.06.090.010.0102 requires a minimum landscape setback of 15 feet abutting a public street, behind the public right-of- way. The site presents several challenges in designing a project that can be economically feasible while at the same time meet the applicable development standards; The project site is unique in that it is bounded on three sides by public streets, and the lot configuration varies in width from approximately 113 feet near the western property boundary along Pearl Street, to about 34 feet in width near the center of the property, increasing to around 110 feet of useable lot space along the eastern property boundary. In addition, a storm drain easement bisects the eastern portion of the property, which begins at a width of 6-feet at Diamond, narrowing to about 2 Y= feet, in width as it crosses the site, widening to over 24 feet wide at Wilshire Avenue. Strict adherence to the Zoning. Code fore a 15-foot landscape setback abutting a public street would reduce. the useable space near the center of the property to a little over 4 feet, and would impact the ability to meet the minimum number of off-street parking spaces required to serve the project from 30 spaces down to 27 spaces, as well as, reduce the square footage size of several units and project amenities (e.g., kitchen area, tot lot, BBQ area). Thus, reducing many of the design qualities of the project that provide both a functional and economically viable project. Development Incentive #2 City: of Anaheim Zoning Code. Section 18.42.030.020.0205 requires that unassigned parking spaces must be located within 200 feet of the unit served. Site constraints affect the ability to provide adequate off-street parking. The current design includes 30 unassigned parking spaces that meet the minimum requirements ...a nonprofit corporation dedicated to providing affordable housing 17701 Cowan Avenue, Suiie 200 Irvine, CA 92614 949.253.8676 FAX 949.263.0647 allowed under the City's Density Bonus Ordinance. However, in order to meet this requirement some of the parking spaces exceed the strict interpretation of the Zoning Code for maximum distance between the parking space and unit... The configuration of the lot and existing site constraints limit the availab a options of where to place parking stalls on this site. We feel that the current design achieves the most practical and efficient layout possible in meeting.: the minimum parking requirements for this project. While all 16 open parking spaces are located within 200 feet of the building's entrance, it is estimated that four (4) residential units are located beyond the 200-foot requirement for unassigned parking: As a result, the project will require a modification to this development standard: Development Incentive #3 City of Anaheim Zoning Code Section 18.52.070.010 Table 52-E requires that market rate units in an Affordable Rental Housing Development receive the Density Bonus Development Ratios. The site is' bounded on three (3) sides by public streets and is irregular in shape, varying in width from 34 feet to 113 feet. These site constraints affect the ability to provide an economically viable design with adequate off-street parking. The current design includes 30 unassigned parking spaces; which is 4 spaces less than required under She City's Density Bonus Ordinance: The configuration of the lot and existing site constraints limit the available options of where to place parking stalls on this site. As a result, the project will require a modification to this development standard: We believe a reduction in the number of parking spaces required is warranted based on the resident population served at the site.- The project wilt be 100% affordable to households earning no more than 30% of the Area Median Income. Based on our knowledge of other affordable rental projects in Orange County .serving the same income group, it is anticipated that approximately 25% of the households will have their own vehicles. Given the probability of low automobile ownership rates, the 30 spaces provided will be adequate to meet both resident and guest parking needs. Professional On-Site management The project will be operated by a professional property .management company, John Stewart Company ("JSCo"). JSCo is afull-service housing management, development, and consulting organization employing over 1,000 people. state-wide. Their management portfolio contains over 200 properties, more than 20,000 residential units, home to over 65,000 California residents: JSCo provides comprehensive-fiousing management services that reach beyond the traditional management services of maintenance and budgeting, to creating community environments that foster high levels of physical, social, and emotional well-being among residents. ...a nonprofit corporation dedicated to providing affordable housing 17701 Cowan Avenue, Suite 200 • Irvine, CA 92614 949.263.8676 FAX 949.263.0647 JSCo will maintain a management office onsite and a full time property management professional (40 hours per week) will live in one of the project's units. JSCo will be responsible for the timely and efficient operation and administration of Diamond including: • Resident screening for income verification • Leasing • Negotiation and administration of service contracts • Financial management including the administration of operating and reserve accounts and preparation and presentation of financial statements • Enforcement of Governing Documents • Maintenance and Repair • Coordination with Telecare (Mental Health and Supportive Service provider) and with Housing with HEART (Social Service provider) JSCo manages many affordable housing and special needs communities and is familiar with the regulatory requirements to maintain affordability. Furthermore, they have the experience working with health care and social service organizations that deliver services on-site at the properties they manage. Mental Health and Supportive Services for Mental Health Services Act eligible residents will be provided by Telecare both on-site and off-site. On-site, there will be two full-time (2 employees) and one part-time Personal Service Coordinator (0.5 employee) to: .assesses client needs; coordinate needed services; and provide rehab services as indicated on individual service plans. Thank you in advance for your review and consideration of the proposed Diamond Aisle Apartments and our request for approval of the aforementioned Tier 2 Incentives. Please contact me at (949) 263-8676 x107 or kboulwareaniamboreehousino.com should you have any questions or need additional information. Sincerely, JAMBOREE HOUSING CORPORATION Kecia Boulware, Project Manager .+~iorq~ro~ f coupon i in US~t;icafeJ 'r pr,~ciding afior~.laU~e hp using I ' /~ I t i ,~ ,r, n ~.~nue. Si!ifr •OV ~fvine C!. 92614 949,263.8676 FAY, 949.2E:1 664% Item No. 7 o+ ~ q 1 DUS ACH A~ 9A F C~ A ~ vp RS 3 CN m 1, DU AVE' BELL O ~G ~ m -n F I ° n RCL 66-67-14 ~ IND. FIRMS C~ RCL6 fib fi 91141 A RCl 67-14 - Cr1 F2VPR 2062 Y PPTSU N~ 134 D 16 67-14 (P (iN~6F11ypA5 ". I .. - w ~~ I '. RCL 66-67-14 Cr1~ RCL 66-67-14 ;~. CUP 2007-06202 ~ i . -~ RCL 56-57-14 `i PARKING LOT ~ CUP 1299 r VAR 231fi SMALL SHOPS ~- 520' ~ BALL ROAD RCL66-67-14 I RCL 54-55-42 RCL 66-67-36 I CUP 2002-04602 RCL fib-67-14 ~ RCL 66-67-36 CUP 1669 I RCL 60-61-113 RCL 66-67-14 LUMBER RCL 667-14 RCL 54-55-02 RCL 60-81-113 YARD RCL 64-55-02 RCL 55-56-19 ~ RCL 54-55-02 CUP 1669 CUP 3021 ~ CUP 1669 I LUMBER VOCATIONAL W SMALL IND. YARD SCHOOL -~ FIRMS RCL 66-67-14 RCL 54-55-42 CUP 1669 I VA T /1 RAI AD (///~\\ N "' Subject Property Conditional Use Permit No. 2007-05202 Date: May 14, 2007 Scale: 1" = 200' Requested By: ANDREW C. EDWARDS TRUST Q.S. No. 105 Northwest Corner of Ball Road and East Street - Extron Electronics lozss _ ~~; Northwest Corner of BaII Road and East Street - Extron Electronics tozss 7a. CEQA MITIGATED TJEGATIVE bECLARATION 7b. 'WAIVER OF CODE REQUIREMENT 7a - CONDITIONAL USE PERMIT NO: 2007-05202 Staff Report to the Planning Commission May 14; 2007 Item No. 7 (Motion) (Motion) (Resolution) (1) This`project is located at the northwest corner of Ball Road and East Street and is identified as' 1055 East Ball Road - Extron Electronics. REQUEST: (2) The applicant requests approval to construct ah office and training facility under authority of Cotle Section No. 18.10.030.040:0402 (Offices -General) with waivers of tfie following provisions: (a) SECTION NO. 18.10:050.010 ' Maximum structural heigfit. Withdrawn by applicant- (b) SECTION NO. 18.10.060.020.0201 Minimum landscape setback. l20 feet required; 10 - 15 feet proposed) (c) SECTION NO. 18.42:040.010 Minimum numtier of parkino spaces (51g required; 406 proposed) BACKGROUND: (3) As depicted iri the following aerial, this property is currently developed with a parking lot 'and is located inShe Industrial (I) Zone. The General Plan designates this property and properties to the north; west, end south for Industrial land uses: Properties to the east are. designated for Low Density and 4ow Medium :Density Residential land uses.; srcupzoo7-oa2o2kiw Page 1 ~`di~eeti"on ~ Code Required I Proposed ; . CoBe Required i Proposed ~ ~Buildin Setback;; ~," FLandsca a Setback North - ~ 0' feet / 40 feet 0 feet? 0 feet East adjacent to 50 feet 162 feet 20 feet / 10 feet East Street South adjacent to 50 feet / 56 feet 20 feet / 10 - 20 feet Ball Road West adjacent to 10 feet/ 240 feet 10 feet / 10 feet rivate drive (5) Access to the site would be provided via one (1) driveway along East Street and one (1) driveway along the private drive on the west portion of the property: Access will also be Page 2 StafF Report to the Planning Commission May 14, 2007 Item No. 7 mahtained along the north property line for vehicularaccess to the. northerly building ocdupied by Extron Electronics) The site plan and additional `parking plan show a total of 300 parkingapaces on-site and 106parking spaces from the property to the north which is in excess of minimum node parking requirements for that property, for a total of 406 parking spaces. Code. requires a total of 519 spaces basedoh the following ratios; Use Siae s.f Parkifi Ratio Total Office 132,792 3 s aces:/x1,000 s.f. 398 Trainin ' 6,041 r 20 s aces/ 1,000 s.f. 121 Tota6 138,995 , 519 Staff Report to the Planning Commission May 14, 2007 Item No. 7 along the frontcf the property: Shrubs and. groundcover are proposed within the landscape setback in compliance with code.: Ten (10) foot wide landscape planters with trees and shrubsare proposed adjacent to the easfand outh buildirg elevations. - (10) The elevation plari indicates the conceptual location of proposed wall signs for the building. Plans prppose a total of two (2) wall signs. with a maximum letter height. of 36-inches, in conformance with maximum cdde requirements fora 5-story building. Plans do not indicate a monument sign; Staff is recommending a condition of approval which requires the applicanYto submit e'comprehehsive final detailed sign program for the entire'bulding once the specific design has been determined.: (11) The roof and sectional plans reflect the conceptual location of roof-mounted mechanical equipmeht.?Asindicated on the sectiohplen, the'equipmenfwould 6e surrounded by a parapet well ahd other architectural features and thus would be completely screened from. - view from the right-of-way'as required bycode. (12) The letter of operation states that the site would house the Extron Electronics headquarters for offices, labs for application engineers, training rooms, and marketing photolabs. In addition; the proposed building would also consist of training facilities for venders and customers who have purchased equipmentmanufactured by the company. These attendees would be shuttled to and from he Extron wilding. The business anticipates up to 300 employees. ENVIRONMENTAL IMPACTANALYSIS: (13) Staff has reviewed the proposal to construct an office and training facility and prepared the Initial Study and Mitigated Negative Declaration (a copy of which is available forYeview in the Planning Department) which' concluded that through project design features and/or mitigation`measures; impacts could be mitigated with: no significant environmehtaf impact and, therefore, recommends that a Mitigated Negative Declaration be approved. EVALUATION: (14) The Industrial (I) zone permits offices and training facilities by conditional use permit. The prdposed building would be ah additioh to the adjacent Extron Electronics campus along East Street, Ball Road, and Lewis Street Thepropdsed building would serve the administrative needs of the company while providing a large training area for buyers and sellers of the company's products. (15) 'The requested waiver pertaining to maximum permitted height has been withdrawn by the applicant as the waiver is hb longer necessary. (16) 'The applicant proposes landscape setbacks adjacent to EastStreet and Bali Road that area less than code requirements'Code requires a landscape setback of 20 feet along East Street and Ball Road and 10 to 20 feet isproposeds The property is unique because it is irregularly shaped and has frontages on two (2) public rights-of-way and one (1) private street. The site is further constrained by an existing 15-foot wide watePeasement through the center of the property. Tfiese characteristics significantly limit the amouhtof usable land Brea whichlimits the ability to provide the minimum setbacks, required parking and 'adequate circulation As seen in the following photograph; the property td the north has an Page 4 Staff Report td the Planning Commission May 14; 2007 Item No. 7 that detailed final elevation plans and materials be submitted for staff review to'work out the details of the proposed building: FINDINGS: (19) Section 18.42.110 of the parking code sets forth the following findings which are required to tie made tiefote a parking'waiveP is approved by the Plashing Commission: (a) Thafthe waiver under the conditions imposed; if any, wilfnot cause fewer off-street parking spaces td be provided for such use than the numtier of such. spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonable foreseeable conditions of operation of such use. (b) That the waiver, under the conditions' imposed, if any, wilt not increase the demand. and competitidrt 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, wilt not increase the demand for parking spaces upon adjacent private property'ih the immediate vicinity df the proposed use, (d) That the waiver,'under the conditions imposed will not increase traffic congestion within the off-street parking areas or ots provided for such use. (e) Thaf the waiver,'under the conditlons,imposed, will not impede vehicular ingress to or egress from adjacent properties upon, the public streets in the immediate vicinity of the proposed use. Unless conditions to the contrary are expressly imposed upon the granting of any: waiver pursuant to this section, the granting of the waiver shall be deemed cont(ngenf upon dperation of the proposed use ih conformance with the assumptions relating to the dperationand intensity of the use as contained in the Parking DemandStudy that formed. the basis for approval of the waiver. Exceeding, violating, intensifying or otherwise deviating from any of the assumptionsas contained in the Parking Demand Study shall be deemed a violation of the express conditions imposed upon the waiver, whidh shall subject the waiver to revocation or modification pursuant td the provisions of Section 18.60.200 (City-Initiated Revocation or Modification of Permits), (20) When practical difficulties or unnecessary hardships result from strict enforcement of the Zoning Code, a mddification may be granted for the purpose of assuring. that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone. She sole purpose of any variance or code waiver is to prevent discrimination and ndne shall be approved which would have the effect of granting a special. privilege: not shared by other similar properties.. Therefore, before any variance or code waiver is granted by the Planning Commission, it shall be shown: Page 6 Staff Report to the Planning Commission May 14, 2007. Item No. 7 (a) That there are special circumstances applicable to the propertysuch 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: (21) Before the Planning Commission grants any conditiona(use permit, it must make a finding of fact that the evidence presented shows that ali of the following conditions exist: (a) That the use is properly one for which a conditional use permit is authorized by the Zoning Code, or is an unlisted use as defined in Subsection .030 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority); (b) That the use will not adversely affect the adjoining land uses or the growth and development of the area ih which it is proposed to be located; (c) That the size and shape of the site for the use is adequate to allow the full developmentof the proposed use in a manner not detrimental to the particular area or to the health and safety;: (d) That the traffic generated by the use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and (e) That the granting of the conditional use permit under the conditions imposed, if any; will not be detrimental to the health and safety of the citizens of the City of Anaheim. RECOMMENDATION: (22) Staff recommends that the Planning Commission take the following actions as indicated in the attached resolutions including the findings and conditions contained herein: (a) By motion, apbrove a CEQA Mitigated Negative Declaration. (b) By motion, approve waivers (b) and (c) and denv waiver (a) since it has been withdrawn by the applicant (c) By resolution, abbrove Conditional Use Permit No. 2007-05202. Page 7 [DRAFT] RESOLUTION NO. PC2007--*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05202 BE GRANTED (1055 EAST BALL ROAD) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of Califorhia, described as: PARCEL A: PARCEL 2, OF PARCEL MAP NO. 98-248, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 313, PAGES 35 AND 36 OF PARCEL MAPS, RECORDS OF SAID COUNTY:. RESERVING THEREFROM UNTO GRANTOR AND IT'S SUCCESSORS AND ASSIGNS, THE FOLLOWING -- A. ANON -EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS FOR COMMON AND GENERAL DRIVEWAY PURPOSES OVER THAT PORTION OF SAID LAND DEPICTED AS "AN !EASEMENT RESERVED FOR INGRESS AND EGRESS FOR COMMON AND GENERAL DRIVEWAY PURPOSE FOR THE BENEFIT OF PARCEL 1", ON THE AFORE-MENTIONED PARCEL MAP NO. 98-248, 1N THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 313, PAGES 35 AND 36 OF PARCEL MAPS; AND. B. ANON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS PURPOSES TOGETHER WITH THE RIGHT TO GRANT OR TRANSFER SAME OVER THAT PORTION OF PARCEL 2, OF PARCEL MAP NO. 98-248, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PE MAP FILED IN BOOK 313, PAGES 35, AND 36 PF PARCEL MAPS, LYING WITHIN THAT PORTION DEPICTED AS "AN EASEMENT FOR INGRESS AND EGRESS PER O.R 1 1 20811 927 & O.R. 12126/16", ON THE AFORE-MENTIONED PARCEL MAP. PARCEL B: A :NON- EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER THAT PORTION OF PARCEL 1, OF PARCEL MAP NO. 98-248 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 313, PAGES 24 AND 36 OF PARCEL MAPS, LYING WITHIN THAT PORTION DEPICTED. AS "AND EASEMENT FOR INGRESS AND EGRESS PER O.R. 11208/1927 & O.R. 121261163", ON THE AFORE-MENTIONED PARCEL MAP. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 14, 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: Cr\PC2007- -1- PC2007- 1. That the proposed use, to construct a 5-story office and training building, is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.10.030.040.0402 (Offices -General) with waivers of the following: (a) SECTION NO. 18.10.050.010 (b) SECTION NO. 18.10:060.020.0201 Maximum structural height. Deleted Minimum landscape setback. (?D feet required; 10 - 15 feet proposed (c) SECTION NO. 18.42.040.010 Minimum number of parking spaces. 519 required; 406 proposed) 2. That the above-mentioned waiver (a) is hereby denied because it has been deleted 3. That the above-mentioned waiver (b) is'hereby approved as the site is unique because of its irregular shape and frontage on 2 public rights-of-way and i private street. The site is further constrained by a 15-foot wide water easement which runs through the center of the property and is therefore limited in useable area. Additionally, the neighboring properties to the north and south provide proportionally similar landscape setbacks. 4. That the above-mentioned waiver (c), under the conditions imposed will not cause fewer off- street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to the proposal under the normal and reasonably foreseeable operation of such use. 5. That the parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity, as indicated in the parking demand study. A minimum of 366 parking spaces is required and 406 parking spaces would be provided which results in an excess of 40 parking spaces. 6. That the waiver, will not increase the demand and competition for parking spaces upon adjacent properties in the immediate vicinity of the proposed use since parking is contained within the property boundaries and the property to the north with a shared parking agreement. There is no circulation between the subject site and the properties to east, south, and west. 7. That the waiver, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed uses as ingress and egress to the site would be provided via two (2) driveways and there is an existing access easement with the property to the north. 8. That the proposed office and training building as conditioned herein would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 9. That the size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety. 10. 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 11. That *" indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. -2- PC2007- CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to construct a 5-story office and training building with waivers of minimum landscape setback and minimum number of parking spaces and does hereby approve the Mitigated Negative Declaration and the associated Mitigation Monitoring Plan No. 144 upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Mitigated Negative Declaration and together with any comments received during the public review process and further finding on the basis of the initial study, including the analysis of potential aesthetic, air quality and utilities and service systems impacts 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: resoiuiion wmicnever occurs nrs{. use luuuwnw cuuw uuuD Dllml LG bV111 V11GY YY I1.11. 1. That the training facilities shall be operated as a partof the business which occupies the building and shall not be used for public uses. If at anytime the operational characteristics of the training facility changes, a detailed description of the operational changes shall be submitted for review by the City's Traffic and Parking Consultant to determine if the changes would cause fewer off-street parking spaces to be provided than the number of spaces provided on site. If it is determined the expected demand is greater than the spaces provided on site, an application for modification of the conditional use permit shall be submitted to the Planning Services Division for approval by the Planning Commission. 2. That the property owner shall dedicate to the City of Anaheim corner cut-off dedications at Ball RoadlEast Street and Ball Road Lewis Street.. 3. That an unsubordtnated restricted covenant providing reciprocal access and parking be made with the property located at 1001 East Ball Road for a minimum of 106 parking spaces. This covenant shall be approved by Planning Services Department and in a form satisfactory to the City Attorney shall be recorded with the Office of the Orange County Recorder. 4. That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City. Engineer in conformance with Engineering Standard No. 115. Said information shall be specifically shown on plans submitted for building permits. 5. That gates shall not be installed across the driveway in a manner which may adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan No. 475 and shall be subject to the review and approval of the Planning Services Division prior to issuance of a building permit. 6. That the developer shall remove and/or relocate any traffic signal equipment or any other related item to the traffic signal if the project requires street widening or modification of any driveways. 7. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval in conformance with the Engineering Standard No. 115 pertaining to sight distance visibility for the sign or wall/fence locations. 8. That plans shalPbe submitted to the Planning Services Division for review and approval showing. conformance with the current version of Engineering Standard Plan Nos. 4028, 436 and 470 pertaining tp parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. _3_ PC2007- 9. That no required parking area shall be fenced or otherwise enclosed for storage uses. 10. That an on-site trash truck turn around area shall be provided per Engineering Standard Detail No. 476 or an approved alternative; which shall be shown on plans as required by the Department of Public Works, Sanitation Division. Said information shall be specifcally shown on plans submitted for building permits: 11. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said Department, Said 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 1-gallon size clinging vines planted on maximum 3-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 12. 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. 13. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device {i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments. 14. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities Department. 15. That all existing water services and fire lihes shall conform to curent Water Services Standards. Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 16. That all backflow equipment shall be located above ground outside of the front setback area in a manner fully screened from all public streets and alleys. Any backflow assemblies curently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the W ater Engineering Division outside of the front setback area in a manner fully screened from all public street and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector.. 17. That since this project has landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed and comply with City Ordtnance'No. 5349 and Chapter 10.19 of Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. 18. That any required relocation of City electrical facilities shall be at the developer's expense.'Landscape andlor hardscape screening of all pad mounted equipment shall be required and shall be shown on plans submitted for building permits. 19. That all air conditioning apparatus and other roof and ground-mounted equipment shall be properly shielded from view and the sound buffered from adjacent residential properties and the public right-of-way. Such information shall be specifically shown on the plans submitted far building permits: 20. That final landscape and fencing plans for the subject property shall be submitted to the Planning Department for review and approval. Said plans shall show minimum 24-inch and 36-inch box size trees, shrubs, groundcover, and clinging vines to be planted in layers and shall also show decorative hardscape treatment within the central courtyard area. The landscape material selected shall be appropriate to the -4- PC2007- width of either the parkway or the planter area. Any decision made by the Planning Department regarding said plan may be appealed to the Planning Commission. All trees shall be prcpedy and professionally maintained by the property owner to ensure mature, healthy growth. Such information shall be specifically shown on the plans submitted for building permits. 21. That adequate lighting of parking lots, driveway, circulation areas, aisles; passageways, recesses and ground contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for alt persons, property, and vehicles onsite. Said information shall be specifcally shown on plans submitted for Police Department, Community Services Division approval 22. That 4-foot high address numbers shall be displayed flat on the. roof of the building in a color that contrasts with the roof material. The numbers shall not be visible from the streets or adjacent properties. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 23. That the project shall provide for accessible truck deliveries on-site. Said information shall be specifically shown on plans submitted for building permits.. 24. That any required relocation of City electrical facilities shall be at the developer's expense. 25. That plans shall be submitted to the Planning Services Division for review and approval in conformance with the current version of Engineering Standard Plan Nos. 436, and 470 pertaining to parking standards and driveway location. Subject property shall thereupon be developed and maintained in conformance with said plans. 26. That final elevation plans shall be submitted to the Planning Services Division for review. Said plans shall include additional architectural enhancements. Any decision of Planning Services staff may be .appealed to the Planning Commission as a "Reports and Recommendations" item. 27. That building and parking lot lighting shall be decorative. Additionally, lighting fixtures shall be down- lighted and direct away from residential properties to protect the residential integrity of the area; Said. information shall be specifically shown o the plans submitted for building permits. 28. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials. Said information shallbe specifically shown on the plans submitted for building permits... 29. That the project site under construction will be screened during construction with a temporary fence to visually screen the construction areas from the adjacent streets and residences. Said information shall be specifically shown on the plans submitted for building permits. Prior to issuance of a arading permit, the following conditions shall be complied with: 30. That prior to issuance of a grading permit, the applicant shall submit to the Public W orks Department Development Services Division for review and approval a Water Quality Management Plan that: • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporates the applicable Routine Source Control BMPs as defined iri the. Drainage Area Management Plan. Incorporates Treatment Control BMPs as defined in the DAMP. • Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. -5- PC2007- • Identifies the entity that will be responsible for long-term operation and maintenance of the TreatmenEControl BMPs, and • Describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. Prior to final building and zoning inspections the following conditions shall be complied with: 31. That prior to issuance of a certificate of occupancy, the applicant shall: • Demonstrate that .all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project W OMP. • 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. 32. That prior to issuance of certificate of occupancy, ADA compliant curb access ramps with truncated domes shall be constructed at Ball RoadlEast Streetand Ball Road Lewis Street in conformance with Public Works Standard Detail 111-2. 33. 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 1 l; and as conditioned herein. General Conditions: 34. That the developer shalt tie responsible for compliance with all mitigation measures within the assigned time frames and any direct costs associated with the attached Mitigation Monitoring Program No. 144 as established by the City df Anaheim and as required'by Section 21061.6 of the Public Resources Code to ensure implementation of those identified mitigation measures. 35: That all public phones shall be located inside the building. 36. That all trash generated from this office building 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 hahd ing 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. 37. 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. 38. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 39. That timing for compliance with conditions of approval maybe 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. -6- PC2007- 40. That extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal. 41. 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 Federaf regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 14, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 16.60, "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 May 14, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION _7_ PC2007- Attachment -Item No. PETITIONER'S STATEMENT OF NSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: 18.10.060.020.0201 (A separate statement is required for each Code waiver) PERTAINING TO: Minimum landscape setbacks adiacent to an arterial Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Cade require that before any variance or Code waiver maybe granted by the Zoning Administrator or Planning Commission, the following shall be shown: That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. 1. Are there special circumstances that apply to the property in matters such as size, shape, topography, locaton or surroundings? x Yes _ No. If your 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 the same zone as your property? x 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? x Yes No If your answer if "yes," describe the special circumstances: buffer. 4. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? x Yes _No EXPLAIN: Existin¢ 15-foot wide water easement constrains the develouable azea of the nronerty. The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone which is not otherwise expressly authorized by zone regulations governing subject property. Use variances are not permitted. Phil Schwartze March 17. 2007 Signature of Property Owner or Authorized Agent Date CONDITIONAL USE PERMITNARIANCE NO,_ 37625~DECEMBER 12, 2000 Attachment -Item No. 7 Extron Parking S4udy 1230 South Lewis Street and 1055 East Ball Road Anaheim, California Prepared for: Prepared by: Rafiq & flssociates, Inc. Updated May 2007 m - - -- - - - Table of Contents I. 2. 3. 4. 5. 6. 7. 8. Section Page Introduction 1 Project Location 1 Site Description 1 A. Existing Site 1 B. Proposed Site 1 Site Parking Counts 2 Methodology of Study 2 A. Existing Site Parking Requirements per Municipal Code 2 B. Observed Existing Parking Demand at 1230 S. Lewis 3 C. Proposed Site Parking Requirements per Municipal Code 3 Analysis 4 Recommendations and Conclusions 4 Findings 4 Appendix A Parking Counts 6 1. Introduction The purpose of this parking study is to determine the parking requirement for a new five- story office building that proposes to contain a training center. Extron manufactures audio-visual equipment. The focus of the operations in the existing building is customer service and handling dealer questions on the phone and training the dealers so that they are fully knowledgeable on how the equipment works and is set up. These same" operations are going to be conducted in the proposed five-story building. The City of Anaheim Municipal Code's parking requirement for training is 20 parking spaces per thousand square feet, which Extron feels is not applicable to this site, because those who aze trained at this facility aze provided with transportation; thus, the pazking demand is believed to be far lower than the code. The applicant also feels that due to the nature of their operations, the office portion of the building has a parking demand which is also far lower than the Ciry's code. The offices contain a calling center for technicians who deal with customers and dealers on the phone. These technicians trouble-shoot dealer and customer problems by replicating the problems using the equipment in the labs. Consequently, one employee may have a main desk or cubicle, but may move about the building to work in other areas. All portions of the building are not independently staffed. Z. Project Location The existing site is at 1230 South Lewis, at the southeast comer of Lewis and Ball Road. The proposed site is located at 1055 East Ball Road, at the northwest corner of East Street and Ball Road. 3. Site Description A. Existing Site The existing site is located at 1230 S. Lewis. Extron has many buildings on this campus, however, this study will focus on the two-story office and training center. The existing building contains a calling center, technology labs, a photo studio and associated rooms that produce brochures for the products. Once the existing uses within this building are relocated to the new building, this building will be converted to light industriaUmanufacturing/warehouse activities. B. Proposed Site. The proposed site is located at 1055 E. Ball Road. .The proposed five-story building will occupy a portion of an existing parking lot. This building will contain enhanced training rooms so that the training sessions can be increased. The new building will contain several lunch areas to sepazate trainees from the remainder of the employees. This site is located across Ball Road from the main campus of the company. Extron Parking Study 1 Rafiq & Associates, Inc. 4. Site Parking Counts Counts were scheduled for the days when Extron was conducting training sessions in January. The counts were taken by Southland Car Counters on January 11 and 12, 2007 between 7:00 AM and 6:00 PM at the existing site, to determine the existing parking demand. The existing parking lots for this building contain 181 total spaces. Based upon the counts taken on these two days, the maximum number of occupied pazking spaces was 141 at 11:00 AM on Thursday. The count sheets are provided in Appendix A. 5. Methodology of Study The municipal code-required parking for the existing and the proposed buildings will be determined below. The observed parking demand for the existing building will be determined from the car counts, and will be applied to the proposed building to determine whether the site is proposing sufficient parking to accommodate the unique demand of the site. A. Existing Site Parking Requirements per Municipal Code The existing site contains the following breakdown of land uses. The square footages aze shown in thousand squaze feet. Existine Site Land Use Itemization Land Use TSF Industriallmf /wazehousin 10.795 Office 1$` floor 29.195 Office 2" floor 14.720 Trainin 3.020 Total S uare foots eat the existin buildin 57.730 Below is the calculation of the code-required parking for the existing building, based upon the parking rates outlined in Chapter 18.42.040 of the City of Anaheim Municipal Code. The parking rate of 1.55 is used for the industrial uses and foi 10% of the office space. The remainder of the office space, 39,523 SF, is evaluated at 4 spaces/TSF. The training center is evaluated at 20 spaces/TSF or 0.82 spaces/student, whichever is higher. In this case, on the days that the parking counts were taken, a maximum of 34 students were in attendance. Based on a field visit on Thursday, January 11, 2007, there were: • 22 trainees that arrived on the company van that were being trained in the first paining room, ® 8 additional trainees were using one of the rooms and the hallway cubicles for questions/answers/break/data center/phones ® four members of the school district who came for a sepazate training in the third training room. Extron Parking Study 2 Rafiq & Associates, Inc. At the parking rate of 0.82 spaces/student; applied to 34 students, the parking requirement would be 28 spaces. Using the higher alternative parking ratio of 20 spaces per TSF rate, the parking requirement for the training center is 60 spaces. The code requires that the higher result be chosen. Code Required Parkine for the Existine Buildine at 1230 S. Lewis TSF Land Use Code-required Code-required Spaces arkin rate arkin Re uired 10.795 . Industrial/mf /warehousin 1.55 s aces/TSF 17 17 4.392 Office (10% of office can be 1.55 spaces/TSF 7 ? evaluated at industrial rate 39.523 Office 43,915-10% 4 s aces/TSF 158 158 3.020 Training center TSF 20 spaces/TSF or either 60 60 34 students 0.82 or 28 spaces/student whichever is hi her 57.730 S aces Re uired er code 242 Per the Municipal Code, the existing building requrres 242 parking spaces. The current parking provided at the existing site is 181 spaces, which is 61 parking spaces short. The 181-space pazking supply is providing parking at a rate of 3.1 spaces/TSF. The existing pazking supply at this building does not meet the code requirement tabulated above, yet as evidenced by counts taken (see Appendix A), the highest observed parking demand was 141 spaces, which results in a surplus of 40 parking spaces above that provided. The observed parking demand is 101 spaces below the code-requirement. This verifies that the land uses at Extron have a parking demand far less than the code. B. Observed Parking Demand at Existing Building Based upon the pazking counts taken (see Appendix A), the highest number of parking spaces occupied was 141 spaces. The existing parking demand at the 1230 S. Lewis Street office/training center is'calculated to be 2.4 spaces/1,000 square feet. (141 spaces occupied divided by 57.730 TSF equals 2.4 spaces/1'SF.) The observed parking demand of 2.4 spaces/TSF will be .applied later in this study, to the proposed building to determine the forecast parking requirements. C. Code-Required Parking for Proposed Building The proposed building will contain 132,792 squaze feet of office space .and 6,041 squaze feet for training purposes, and a ground floor parking .area of 21,371 SF. The code-required parking rate for the office portion of the new building is 3 spaces/TSF for buildings over 3 stories. This equates to a requirement for 398 spaces for the office portion. The code requirement for the training center at the parking rate of 20 spaces/1'SF is 121 spaces. The total pazking required by code Extron Parking Study 3 Rafiq & Associates, Inc. is 519 spaces. The table below provides the City of Anaheim Municipal Code parking requirement for the proposed building. Code-Required Parking for Proposed Building at 1055 E. Ball Road TSF Land Use Code-required parking rate ; Spaces Re aired 132.792 Office 3 s aces/TSF 398 6.041 Trainin 20 s aces/TSF 121 138.833 Totals aces re aired b code 519 The new site plan proposes a parking lot with 300 parking spaces: In addition to this, they have secured 106 additional pazking spaces in an agreement with an adjacent property to the north of the site, for a total of 406 available spaces. The 406 spaces provided, is short of the code-required parking of 519 spaces by 113 spaces. Because the code-required pazking is not available, and the uses proposed will generate a parking demand far less than the code, a parking requirement equivalent to that of the existing parking demand on the current site will be applied, including a buffer of 10%. 6. Analysis The observed parking demand. at the existing building is 2.4 spaces/TSF. Applying the observed parking demand of 2.4 spaces/TSF to the entire new 138.833 TSF building equates to a forecast parking requirement of 333 spaces. Generally, a buffer of 5-15% is added for a conservative forecast of the pazking requirement for a new building. Adding a ] 0% buffer of 33 spaces above the 333 spaces would be 366 spaces. 7. Recommendations and Conclusions The proposed Extron site has 300 spaces available, as well as an additional 106 spaces from an adjacent pazking area for a total supply of 406 parking spaces.. This is adequate to accommodate the forecast parking requirement of 366 spaces for the new building. The site will then have a surplus of 40 parking spaces. 8. Findings Finding Number .0101 That the variance, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such z+se under the normal and reasonably foreseeable conditions of operation ofsuch use. With the provision of 106 additional. spaces secured through a shared parking agreement, Extron will be able to provide adequate parking for its uses.. Extron Parking Study 4 Rafiq & Associates, Inc. Finding Number .0102 That the variance, under the conditions imposed, if any, will not increase the dema~ad and competition for parking spaces upoia the public streets in the immediate vicinity of the proposed use. With the additional 106 parking spaces that have been secured in an agreement with an adjacent property, the site will provide adequate parking onsite for its uses. Curbside parking along Ba11 Road is not available. Finding Number .0103 That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed apse (which property is not expressly provided as parking for such ¢rse under an agreement in compliance with subsection 18.42.050.030 (Non-Residential Uses-Exception). With the additional 106 parking spaces that have been secured in an agreement with an adjacent property, the site will provide adequate parking onsite for its uses. This will preclude any unauthorized overflow onto adjacent private property. Finding Number .0104 That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided far the proposed use. With the additional 106 parking spaces that have been secured in an agreement with an adjacent property, the site will provide adequate parking onsite for its uses. This will preclude any traffic congestion within the parking areas for the site. Finding Number .0105 That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. With the additional 106 parking spaces that have been secured in an agreement with an adjacent property, the site will provide adequate parking onsite for its uses. This will ensure that Extron vehicles do not block ingress or egress from adjacent properties upon the public streets. Extron Parking Study 5 Rafiq & Associates, Inc. ?! 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Y X ~~~ n a n n o. o 7 7 ~ O O O N N N > > J ~~~ u u u ~~~ d a d mroiv ui ui ui N N Oa D ~ n c N _d Y ~3 V .a E O ~ C ~ ~ N C ~ .N-~ '~" L >r _ O U Q Q ~ M t(j C ~ r ~ s l0 a d c 0 0 Z City of Anaheim-Eztron Electronics Corporate OfTce and Training Fac/lfty AttaChmeflt-Item NO.7 Mitigation Monitoring Plan Introduction CEQA ACTION: MITIGATED NEGATIVE DECLARATION ~. ~ , ~-r - ._ T.. SECTION 1, INTRO®l1CTl0~l~ ;, „ , 1.1 -Terms and Definitions 1. Property Any owner or developer of real property lmown as 1055 Fast Ball Road, Anaheim, Owner/Developer California, 92805 2. Environmental Any mitigation measure and timing thereof, subject to the approval of the City, which will EqufvalentfTiming have the same or superior result and will have the same or superior effect on the environment. The Planning Department, in conjunction with any appropriate agencies ar City departments, shell determine the adequacy of any proposed "environmental equivnlent/timins' and; if determined necessary, may refer said determination to the Planning Commission. Any costs associated with information required in order to make a determination of environmental equivalency/timing shall be borne by the pxopery owner/developer. Staff time for reviews vvi11 be charged on a time and mntenals basis nt the rate in the City's adopted Fee Schedule. 3. Timing This is the point where a mitigation measure must be monitored for compliance. In the case where multiple action items are indicated, it is the first point where compliance associated with the mitigation measwe must be monitored. Once the initial action item has been complied with, no additional monitoring pursuant to the Mitigation Monitoring Plan will occw, as routine City pmetices and procedures will ensure that the intent of the. measwe has been complied with. For example, if the timing is "to tie shown on approved building plans" subsequent to issuance of the building permit consistent with the approved plans will be final building and zoning inspections pursuant [o the building permit to enswecampliance. 4. Responsibility for Shall mean that compliance with the subject mitigation measure(s) sball be reviewed and Monitoring determined adequate by all departments listed for Hach mitigation measwe. Outside public agency review is limited to those public agencies specified in the Mitigation Monitoring Plan which have pemait authority in conjunction with the mitigator measwe. 5.. Ongoing Mitigation The mitigation measwes that are designated to occw on an ongoing basis as pan of this Measures Mitigation Monitoring Plan will be monitored in the form of an annual letter from the property owner/developer in January of each year demonstrating how compliance with the subject measure(s) has been achieved. When compliance with a measure has been demonstrated for aperiod of one yeaz, monitoring of the measure will be deemed to be satisfied and no further monitoring will occur. For measwes that are to be monitored "Ongoing During Constmction", the annual letter will review those measwes only while construction is occurring; monitoring will be discontinued after consWclion is complete. A final annual letter will be provided at the close of consWetion. 6. Building Permit For purposes of this Mitigation Monitoring Plan, ¢ building permit shall be defined as any permit issued for constmction of a new building or structural expansion or modification of any existing building, but shall not include any permits required for interior tenant improvements of minor additions to an existing stmcmre or building. Z` R LL c .E f~ a m U N 0 .~ v W C gn '~ ° E tg m C o O c N a m c .~ a~.. ~C O 0 o~ T d H ~ ~ i d I E ! ~ I I ° U .~ I t .-__...._ _..._____.__-__._.--_._ . , i .. I `°~ " ~ , o o I I ____ ° °° . , ~ ~ I cEs o.o ~ c~.5'E.~ ~ cC.E7~v~°v w~ c c ttl N~ G~j m °p ~ .~ J ~ ' I c h~ a x .E m m •- O N U N y '; n.Qa. --- tl . + N c ~ a,gc.cq ! ~ CJ ~ !J agc.m3wC:lLly, I i I -- N L h ~ ~ N L O p oD y ~ ° ~> - j d i ~ y C °' .F O'EO y .... w= 4 v i i ~ r C ~~ I D S b ~ o 3 ~ ~~ v v i m N ° m 3 ~"'o j y _ ~ ~3 ~° c c a a i °' n m ° ~ ~ ^ ' y H .c 3 ° c. o N O I rE m ° ~° V C y~ •! O Ci ~'. 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G9a F y K 0 m g F L 3 ~~ tis u E Q~ ~ m a C m ~ °1 °p, iW g_ as Item No. 8 /y RS-2 ~ ~ / RCL 67-68-13 (1) \/ RCL 64-65-108 /( VAR 1696 P GZpp'~961/ l i> RH-1 (6C) RCL 67-fi8-12 VAR 3142 1 DU EACH ~~ oP0 Gp. PAP \y~ RH-1 (SC) RCL 67-66-12 1 DU EACH m1 O C ~ \\I VAR 2983 Vp,R 3216 ~ VP~^'" N1 VAGANI O ~ RH 67~gg~12 Y ~3ki'1' 1 RCL 67-66-12 RCS pCH p "GACANT 1 DU EACH 1 DU E to _~~~~~~'( 1 A~ ''~ 1, ' ~q 1 DU ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE. Subject Property Variance No. 2007-04721 Date: May 14, 2007 Scale: 1" = 200' Requested By: CRAIG WILDVANK Q.S. No. 168 4500 East Cerro Vista Drive RN / VP~ (/iJ\ N 1ozs7 RH-1 (SC) } VAR 200DU04717 ; \1... ~~ . 11 ~`1 ~12 R H 67166CH I T ~ pU Ep a N Trial Photo: '.. 2005 Variance No. 2007-04721 Requested By: CRAIG WILDVANK 4500 East Cerro Vista Drive Subject Property Date: May 14, 2007 Scale: 1" = 200' Q.S. No. 1&S tozs7 l Staff Report to the. Planning Commission May 14, 2007 Item No. 8 s~ ~~ \ ~~~ ~ 1 A~ ~ 115 S. Leola Wa ~ ~'' ~ K z 1~ r y ~ `ar ~ ~~. r ~ ~ 180 S: Lakeview Ave P y p ~~ 'to y,=. B s ,r:r L 'Say ~g€ ~k~ ~ s y 3 5 r+ r~s ~ r U v o -r. ~ ~.w ~.+= ~i " fi ~ ~fi ~. r fi k. y ,..;,. t , a ,: x 4500 Cerro Vista Drive ' ~ ~ ~~ - „`~ ~ ~ ~ ~`~~ ' y (SUbleCt PfODertV) ~ ~ ~ na ax ~-,Y~''~ °~~~. s ~'~. ~. ~'~ 5 kt d •~ a b'?~ vc~ ' ~a].. ~'~ ~~ ~ Y ~"S'r ~ ~ p s"1 ~' r .~r~~ ~~-" s'~- '' ,.~,u ~ ~ ,~ s 4 191 $t8dlght Dr ict i III y, '~'~,,. ~, -5 ti~~ W ~,~'3~y.'~ j"``~ s.-- ~iP ` y~ F'. s x y ~ 180 S: Belleza Ln z ~ a ~ ~ ~~ ~t ~ , ~ p i a '' ~ srs .:- m~ ~:`,°~ xg Somas, ° ~- ~ ~ ri Fns~::.. " ~r:- `~= ~m,-F ~ ~ `~ ~?Z~~~~1 ~'~ eft ~Y~r ~ ffQA3 Psp` t~3sS3 ~ v« > t+ an„ F.~ u,v+r!x ~' nom, ~w~`.,-~ n~.,sw. Other. neighboring properties with the same waiver (7) Zoning'~ecords indicate thatfour other variances have been' granted for front yard fence height within a 2,000 foot'radius. In' addition, numerous properties in the vicinity are developed with non- conforming frorit yard fences over three (3) feet to height. The intent of the Code7equirement pertaining tc fence height isto maintain a visually appealing front yardthat is open, and toprevent visibilitybbstructions for pedestrians and vehicles: This neighborhood is predominately developed withslmilar fencing. In this area, this type of fencing provides a visually appeai(ng look because the front yards are very well lantlscaped ahd the fencing maintains a look`of openness. The property is unique because it includes a slope that rises from Cerco Vista Drive up to the existing driveway of the residence: Alow wolf would seem out of scale to the house because the house pad is much higher han the fence location. Due to the unique topography of the property, the numerous residences in the'area that also enjoy a six foot high fencein the frontsetback, staff is recommending approval of the waiver to retain a 6 foot high block wall and wrought iron fence in the froht setback. (8) The applicant is also proposing to park'vehicles ih a semicircular drive: within the front yard'setback. The Code permits parking spaces located in tandem.to a garage to encroach into the required front or street setback and all other spaces shall be located outside the required front setback; The Code also states that live landscaping shall occupy no less than fifty'percent(50%) of required front yards for single-family homes. The intent of the code is to limit the amount of hardscape in the front yard so that the yard is aesthetically pleasing and the area of landscaping and: area devoted to parking are balanced. The applicant has stated that there is a 10 fobfstorm drain easement along the south side of Cerro Vista Drive, adjacent to the property that does not allow for cars to be parked in fronEof their house. Theyindicate thafthis limitsthe amount of parking for guests to their. residence. The7esidehce contains'seven bedrooms whicH'requires five off-street parking spaces, two of which must be covered. The property is currently developed with a three'car garage, and a variance was approved on January 9; 2007 to waive height requirements to permit a two story addition, which. includes a four car garage andi a second driveway off of Cerra. Vista Way. The subject property will have a total of seven covered parking spaces with multiple parking spaces available on the driveways offbf Cerro Vista Way: While this property has special circumstances VAR2007-04721gsk Page 3 i Staff Report to the Planning Commission May 14, 2007 Item No. 8 including varied topography, strict application of the Zoning Code does not deprive the property of privileges enjoyed by other property under identical zorting classification in the vicinity. Therefore,. staff is recommending tlenial of this variance request. FINDINGS: (g) When practical difficulties or unnecessary hardships result from strict enforcemenfof the Zoning. Code, a modification may be granted far the purpose of assuring that no property, because of special circumstances applicable to it, shall tie deprived of privileges commonly enjoyed by other properties in the same vicinity and zone. Tfie sole purpose of any variance or code waiver is to prevent discrimination and none sfiall be approved which would have the effect of granting a special privilege not shared by other similar properties. Therefore, before any variance or code waiver is' granted by the Planning Commission, it shahbe showrr.? (a); That there are special circumstances'applicable to the property such as size, shape, topography, location or surroundings;: which do not apply to other itlentically 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:: (10) Staff recommends that the Planning Commission take the following actions as indicated in the attached resolution including the fihdings andoonditionscontained therein: (a) ` By motion, a rove a CEQA Categorical Exemption -Class 1 (Existing Facilities). (b) By resolution, aoorove Variance No. 2007-04721 in part, to approve the fence waiver, and dehv the waived request to permit additional. parking in the froht setback. THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS: AND ARE RECOMMENDED FOR ADOPTION BY THE PLANNING COMMISSION IN THE EVENT BOTH WAIVERS ARE APPROVED. Prior to final buildinsa and zoning inspections or within a period of one (1) year from the date of this resolution the following conditions shall be comglied:with: L That the parking area in the fronfsetback shall tie screened from view from the adjacent street with landscaping to he greatest extehf possible. A plan indicating the proposed lahdscaping shall be submitted for review and approval by the Planning ServicesDjvisioh and installed prior to final 'inspections. 2. The developer shall obtain a Right of Way Construction Perrnit from the Public Works Department, Engineering Division, Development Services to construct driveway approach per city standard 114-A: The improvements sfiall beoohstructed prior to final zoning andbuilding inspection. 3. ` Thatwithin a period of sixty (60) days, a building permit shall be obtained far the fence and pilasters. VAR2007-04721gsk Page 4 i Staff Report to the Planning Commission May 94, 2007 Item No. 8 4: That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit. No. 1, and as conditioned herein. General Conditions: 5. That timing for compliance with conditions of approval maybe 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 br approved development. 6. That approval of this application constitutes approva(of the proposed request only to the extent that it complieswith the Anaheim Municipal Zoning Code and any other applicable City, State and Federal ~egulatiohs: Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance; regulation or requirement. 7. Extensions for further time to complete conditions may be granted in accordance with Section:. 18.60.170 of the Anaheim Municipal Code: VAR2007-04721gsk Page 5 [DRAFT] RESOLUTION NO. PC2007--"' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 2007-04721 BE GRANTED, IN PART 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 A: PARCEL NO. 1, tN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 9, PAGE 32 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 14, 2007, at 2:00 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 in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the applicant proposes waivers of the following provisions to retain a 6-foot high fence and permit additional parking in the front yard setback: (a) SECTION NO. 18.46. 110.030 Maximum fence height (3 feet permitted within the required front yard setback; 6 feet proposed) (b) SECTION NO. 18.42.030.040.0402 Location of permitted parking (parking not permitted in front setback when not tandem td garage; parking in front setback proposed) 2. That the above-mentioned waiver (a) is hereby approved on basis that there are special circumstances applicable to the property because it includes a slope that rises from Cerro Vista Drive up to the existing driveway of the residence. The location of the house is much higher than the proposed location for the fence; therefore a Idwer fence would seem out of scale to the house: Numerous residences in the area also enjoy a six foot high fence in the front setback; therefore strict application of the Zoning Cdde deprives the property of privileges enjoyed by other properties in the identical zone and classification in the vicinity. 3. That the above-mentioned waiver (b) is hereby denied: Although the property has sloping topography, strict application of the Zoning Code would not deprive this property of privileges enjoyed by neighboring properties. In addition, the property provides significant off-street parking opportunities. 4. That the requested variance for the fence height is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the property in question. CR\PC2007- -1- PC2007- 5. That the requested fence height waiver will 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. 6. That "` indicated their presence at said public hearing in oppositipn; and that no correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Planning staff has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Variance, in part, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: Prior to the issuance of the first building permit the following condition shall be complied with: 1. That all existing structures within the right-of way shall be removed. Prior to final building and zoning inspections the following conditions shall be complied with: 2. That within a period of sixty (60) days, a building permit shall be obtained for the fence and pilasters. 3. That the developer shall obtain a Right of Way Construction Permit from the Public Works pepartment, Engineering Division, Development Services to construct driveway approach per city standard 114-A. The improvements shall be constructed prior to final zoning and building inspection. 4. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit No. 1, and as conditioned herein. General Conditions: 5. 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. 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. 7. That extensions for further time to complete conditions may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 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. -2- PC2007- BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 14, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 1 B.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 May 14, 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 ?i Attachment -Item No. 8 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAVER OF CODE SECTION: 14 '}~': I I U U"~tl . (A sep rate Statement is required for each Cade warver)d , PERTAINING TO: I!'~~IdLU} ft!~ • ' f/~-GZ i t~- 5 ~,c7Y0tY~,~'•~ IfA'1 [lcCt~~.cr¢t-CL. ~y rVy)7c,~:-;1 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: 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. If you need additional space, you may attach additional pages. 1. Are there special circumstances that apply to the property in matters such as size, shape, topogmphy, location or surroundings?!-'Yes _No. If your answer is "Yes," describe the special circumstances: T6.c c s n u P~Kti. e r+'/+" 4~ra<<- [2~ o ~J L 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 t%No If your answer is "yes," describe how the property is different: "Tt. a- ~ S c.r ~.~- 14 o,,,.r s r .-4~ 4 tt ~ ( Fkc ti c ~cv~- r.. ~F^-~ c a+-, c_ ¢ ~rwF 4~ rd.cc~ ~ c 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? v'Yes Noy 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: iti. (v~o..-~ vi c- The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone which-ig not otherwise expressly authorized by zone regulations governing subject property. Use vaziances are not permitted. or Authorized Agent 1 Date CONDITIONAL USE PERMITNARIANCE NO. 37625tDECEMBER l2, 2000 Justification Waiver. dol Attachment -Item No. 8 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: PERTAINING T0: each Code 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 ether 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 fallowing questions regarding the property for which a variance is sought, fully and as completely as possible: If you need additional space, you may attach additional pages. ] . Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? ~'Sres ,_ No. If your answer is "Yes," describe the special circumstances: n~o {~~l'-: n Asti t_aQ [ 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 V'No If your answer is "yes," describe how the property is different: Do fhe special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? _ es No If your answer if `ryes," desctibe the special circumstances: 4. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? L/Yes _ No EXPLAIN: .. The sole purpose of any vaziance 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~not otherwise expressly authorized by zone regulations governing subject property. Use variances are not permitted. Signatuie~ f~'roperty Owner or Authorized Agent Date i; CONDITIONAL USE PERMITNARIANCE NO. 7762SDECEMBER I?, 2000 Justification Waiver. dot