PC 2007/08/20a l e
is~i~t n a
Council Chamber, City Hall
200 South Anaheim Boulevard, Anaheim, California
• Chairman: Kelly Buffa
• Chairman Pro-Tempore: Joseph Karaki
• Commissioners: Peter Agarwal, Gail Eastman,
Stephen Faessel, Panky Romero, Pat Velasquez
• Call To Order
Preliminary Plan Review 1:00 P.AA.
Staff update to Commission on various City developments and issues
(As requested by Planning Commission)
• Preliminary Plan Review for items on the August 20, 2007 agenda
For record keeping purposes, if you wish to make a statement regarding any item on
the agenda, please complete a speaker card in advance and submit it to the secretary.
• Recess To Public Hearing
• Reconvene To Public Hearing 2:30 P.flA.
• 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: planningcommission(o~anaheim.net
H:ldots\clericallagendas\(082007).doc (08/20/07)
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 khe 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)
(b)
Location: 500 West Disney Way
Request review and approval of a final site plan to construct a 400-unit
time share within the Anaheim Garden walk project.
18. (a) CEQA CATEGORICAL EXEMPTION, CLASS 21
(b) CONDITIONAL USE PERMIT NO. CUP3277
(Tracking No. CUP2007-05251)
Agent: City of Anaheim
Planning Department
200 South Anaheim Boulevard
Anaheim, CA 92805
Location: 950-970 North Tustin Avenue
Request to initiate the revocation or modification of Conditional Use
Permit No. 3277 (to permit office uses in an existing industrial building
with waiver of minimum distance between freestanding signs).
Min
1C. Receiving and approving the Minutes from the Planning Commission
Meeting of August 6, 2007, Planning Commission Meeting. (Motion)
Project Planner:
(dherrick®anaheim. net)
Project Planner.
(kwong2Qan aheim. net)
H:\dots\clerical\agendas\(082007).doc (08120/07)
Page 2
Agent: Chris Samuelian
Morris Architects
2046 Armacost Avenue
Los Angles, CA 90025
Public Hearing Items:
2a. CEQA NEGATIVE DECLARATION
2b. GENERAL PLAN AMENDMENT NO. 2007-00460 Request for continuance
2c. RECLASSIFICATION NO. 2006-00190 To September 5, 2007
2d. WAIVER OF CODE REQUIREMENT
2e. CONDITIONAL USE PERMIT NO. 2006-05175
2f. TENTATIVE TRACT MAP NO. 17139
Owner: Natalie Tran
3100 Lindacita
Anaheim, CA 92804-1715
Quyen Tran
237 South Beach
Anaheim, CA 92804-1815
Agent: Mertco
Attn: Roy Ward
2614 Ocean Blvd.
Corona Del Mar, CA 92625
Location: 237 South Beach Boulevard and 3100 West Lindacita
Lane:
Portion A: Property is .approximately 0.27-acres, having a
frontage of 47 feet on the southeast side of Lindacita Lane
and a maximum depth of 142 feet (3100 W. Lindacita Ln).
Portion B: Property is approximately 1.68 acres, is a land-
locked:parcel and is located north across a flood control
channel from 3067 and 3079 West Orange Avenue and is
located 175 feet south of the centerline of Grand Avenue
(237 S. Beach Blvd).
General Plan Amendment No. 2007-00460 -Request to redesignate
Portion A from the Low Density Residential designation to the Low-
Medium Density designation.
Reclassification No. 2006-00190 -Request reclassification of Portion A
from the RS-2 (Residential, Single-Family) zone to the RS-4 (Residential,
Single-Family) zone, or a less intense zone, and Portion B from the T
(Transition) zone to the RS-4 (Residential, Single-Family) zone, or a less
intense zone and to remove the Mobile Home Park Overlay zone.
Conditional Use Permit No. 2006-05175 -Request to construct an 11-
unit detached single-family residential subdivision with waiver of
improvement of private street for Portions A and B.
Tentative Tract Map No. 17139 - To establish a 12 numbered and 1
lettered lot, 11-unit detached single-family residential subdivision for
Portions A and B.
Continued from the June 11, June 25 and the July 9, 2007, Planning Commission
Meetings. Project Planner.
(kwong2@anaheim.net)
General Plan Amendment Resolution No.
Reclassification Resolution No.
Conditional Use Permit Resolution No.
H:\docs\clerical\agendas\(082007).doc (08/20/07)
Page 3
3a. CEQA SUBSEQUENT EIR NO. 332 AND ADDENDUM
{PREVIOUSLY-CERTIFIED)
3b. CONDITIONAL USE PERMIT N0.2007-05227
3c. FINAL SITE PLAN NO. 2007-00006
Owner: Lennar Platinum Triangle, LLC
25 Enterprise
Aliso Viejo, CA 92656-2601
Agent: George Tellez
Lennar Platinum Triangle
25 Enterprise
Aliso Viejo, CA 92656
Location: 1404 East Katella Avenue: Property is approximately 3.7-
acre and is within an approximate 41.4-acre property,
generally located between Katella Avenue and Gene Autry
Way, extending from State College Boulevard to just west
of Betmor Lane,
Conditional Use Permit No. 2007-05227 - To modify setback
requirements to construct amixed-use project in Development Area C of
the A-Town Metro project.
Final Site Plan No. 2007-00006 -Requests review and approval of a
final site plan fora 5-story, 166-unit, mixed use development, including
15,275 square feet of commercial uses in Development Area C of the A-
Town Metro project.
Continued from the July 23, 2007 Planning Commission Meeting. PmJect Fanner.
(twhite@anaheim. nett
Conditional Use Permit Resolution No.
Final Site Plan Resolution No.
H:\docs\clerical\agendas\(082007).doc (08I20/p7)
Page 4
4a. CEQA EIR NO. 331 (PREVIOUSLY-CERTIFIED)
4b. FINAL SITE PLAN NO. 2007-00007
4c. DEVELOPMENT AREA PLAN FOR DEVELOPMENT AREA
(MIS2007-00204)
4d. TENTATIVE TRACT MAP NO. 17102
4e. SPECIMEN TREE REMOVAL PERMIT NO. 2007-00003
Owner: Irvine Land Company
550 Newport Center Drive
Newport Beach, CA 92660
Agent: John Sherwood
Irvine Community Development Company
550 Newport Center Drive
Newport Beach, CA 90660
Location: Property is approximately 291-acre portion of the Mountain
Park Specific Plan located east and southeast of the
southern terminus of Gypsum Canyon Road, and bordered
on the north by the Riverside Freeway.
Final Site Plan No. 2007-00007 -Review and approval of a final site
plan for Development Area 5 of the Mountain Park Specific Plan.
Development Area Plan for Development Area 5
(MIS2007-00204) -Review and approval of a Development Area Plan for
Development Area 5 of the Mountain Park Specific Plan.
Tentative Tract Map No. 17102 - To establish 153 single-family
detached lots, 8 Large-Lots for a maximum of 617 single-family detached
cluster units and 13 Large-Lots for a maximum of 825 single-family
attached units, a public water reservoir, three private parks and
associated streets and landscaping.
Specimen Tree Removal Permit No. 2007-00003 -Review and
approval of a specimen tree removal permit to remove 53 trees as part of
the Mountain Park Master Specimen Tree Removal Permit.
Project Planner.
Continued from the July 23, 2007 Planning Commission Meeting. (skoenmQanaheim.net)
H:\dots\clerical\agendas\(082007).doc (08/20/07)
Page 5
5a. CEQA CATEGORICAL EXEMPTION -CLASS 3
5b. WAIVER OF CODE REQUIREMENT
50, CONDITIONAL USE PERMIT NO. 2007-D5201
Owner: Myoung Jin Lee and Jee Eun Lee
1248 Lenahan Street
Fullerton, CA 92833
Agent: Myoung Jin Lee
1248 Lenahan Street
Fullerton, CA 92833
Location: 1724 West Glenoaks Avenue: Property is approximately
0.4-acre, having a frontage of 125 feet on the south side of
Glenoaks Avenue and is located 203 feet west of the
centerline of Euclid Avenue.
Request to permit a church in a commercial retail center with waiver of
minimum number of required parking spaces. Projeot Planner
(skoehm~anaheim. net)
Conditional Use Permit Resolution No.
6a. CEQA MITIGATED NEGATIVE DECLARATION
6b. (PREVIOUSLY-APPROVED)
6c. CONDITIONAL USE PERMIT NO. 2004-04917
(TRACKING NO. CUP2007-05238)
Owner: Front Porch
350 North Glenoaks Suite 1000
Burbank, CA 91502
Agent: Phil Schwartze
PRS Group
31872 San Juan Creek Circle
San Juan Capistrano, CA 92675
Location: 891 South Walnut Street: Property is approximately 7.7-
acres and is located at the northwest corner of Ball Road
and Walnut Street.
Project Planner.
Request to amend conditions of approval and exhibits to construct an (skoehmQanaheim.net)
additional 5 units for a previously approved senior apartment complex.
Conditional Use Permit Resolution No.
H:\dots\clerical\agendas\(082007).doc (08/20/07)
Page 6
7a.
7b.
Owner: Servile High School
1922 West La Palma Avenue
Anaheim. CA 92801-3544
Agent: Mark J. Paone
Mark J. Paone AIA
58 Plaza Sqaure
Orange, CA 92866
Location: 1952 West La Palma Avenue: Property is approximately
15.4-acres, having a frontage of 650 feet on the south side
of La Palma Avenue and is located 515 feet west of the
centerline of Onondaga Avenue.
Request to amend the previously-approved conditional use permit to
permit an additional modular unit for a private high school.
Conditional Use Permit Resolution No.
8a.
8b.
NO.
Owner: Sidney E. Bickel
5585 Via Dicha #B
Laguna Hills, CA 92653
Agent: Phillip Schwartze
PRS Group
31872 San Juan Creek Circle
San Juan Capistrano, CA 92675
Location: 633 South East Street: Property is approximately 1.9-
acre, having a frontage of 240 feet on the west side of East
Street and is located 182 feet north of the centerline of
South Street.
Requests reinstatement of this permit with the modification or deletion of
a condition of approval pertaining to a time limitation to retain an
automotive wholesale and retail auction facility and to amend the
conditions of approval to delete a time limitation.
Conditional Use Permit Resolution No.
H:\d ocs\clerical\age n d as\(082007 ): doc
Pmject Planner.
(kwong2®anaheim. net)
Pmject Planner.
(kwong2Qa anaheim.net)
(08/20107)
Page 7
9a. CEQA CATEGORICAL EXEMPTION -CLASS 1
9b. CONDITIONAL USE PERMIT NO. 2006.05118
(TRACKING NO. CUP2007-05237)
Owner: David 8 Frances Shek
3728 East Woodbine Road
Orange, CA 92867
Agent: Phil Schwartze
PRS Group
31872 San Juan Creek Circle
San Juan Capistrano, CA 92675
Location: 1401 South Anaheim Boulevard: Property is
approximately .9-acre, having a frontage of 173 feet on the
west side of Anaheim Boulevard and is located 347 feet
south of Winston Road.
Request to amend a condition of approval to allow up tp 45 students for a
previously-approved preschool:
Conditional Use Permit Resolution No.
10a. CEQA CATEGORICAL EXEMPTION -CLASS 1
10b. CONDITIONAL USE PERMIT NO. 2007-05239
Owner: Chuck Wu
3460 Winchester Way
Rowland Heights, CA 91748
Guthrie Family, iLC & R+D Guthrie
3185 Airway Avenue Suite E
Costa Mesa, CA 92626
Agent: David Constant
5645 East La Palma Avenue #160
Anaheim., CA 92807
Location: 725 and 755 North Shepard Street: Property is
approximately 0.89-acre, having a frontage of 192 feet on
the north side of the Riverside Freeway and is located 907
feet south of the centerline of La Palma Avenue and 365
feet west of the centerline of Carpenter Avenue.
Request to permit a personal training and fitness center.
Conditional Use Permit Resolution No.
H:\docs\clerica I\ag e n d as\(082007 ). d oc
Pro%ect Planner:
(ethienQanaheim,vet)
Project Planner.
(ethien®anaheim. net)
(08/20107)
Page 8
11a. CEpA NEGATIVE DECLARATION
11b. GENERAL PLAN AMENDMENT NO. 2007-00456
11c. RECLASSIFICATION NO. 2007-00200
11d. WAIVER OF CODE REQUIREMENT
11e. CONDITIONAL USE PERMIT N0.2007-05204
11f. TENTATIVE TRACT MAP NO. 17047
Agent: La Vue LLC
30622 La Vue Street
Laguna Niguel, CA 92677
Location: 121 and 131 South Dale Avenue: Property is
approximately 0.82-acre, having a frontage of 150 feet on
the west side of Dale Avenue and is located 310 feet south
of the centerline of Lincoln Avenue.
General Plan Amendment No. 2007-00456 -Request to amend the
land use element map of the General Plan redesignating the property
from the Corridor Residential designation to the Low-Medium Density
Residential designation.
Reclassification No. 2007-00200 -Request reclassification of the
subject property from the RM-4 (Multiple-Family Residential) zone to the
RM-3 (Multiple-Family Residential) zone.
Conditional Use Permit No. 2007-05204 -Request to construct a 14-
unit attached single-family condominium planned unit development with
modification of development standards and waiver of minimum setback
between buildings.
Tentative Tract Map No. 17047 -Request to establish a 1-lot, 14-unit
airspace attached residential condominium subdivision.
General Plan Amendment Resolution No.
Reclassification Resolution No.
Conditional Use Permit Resolution No.
Request for continuance
to September 5, 2007
Project Planner,
(ethien@anaheim. net)
Adjourn To Wednesday, September 5, 2007at 1:00 P.M. for
Preliminary Plan Review.
H:\dots\clerical\agendas\(082007).doc (08120/07)
Page 9
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
2:00 p.tn. August 16, 2007
(TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND
U ~ ILDISPLAY KIOSK
SIGNED: ~ C-~---
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 Tete hone S stem at 714-765-5139.
H:\docs\clerical\agendas\(082007).doc (08/20/07)
Page 10
SCHEDULE
2007
September 5 (Wed)
September 17
October 1
October 15
October 29
November 14 (Wed)
November 26
December 10
December 24 (Cancelled)
H:\dots\clerical\agendas\(082007).doc (08/20107)
Page 11
Item No. 1F
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Final Site Plan No. 2007-00009
Requested By: CHRIS SAMUELIAN
500 West Disney Way
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Subject Property
Date: August 20, 2007
Scale: Graphic
Q.S. No. 87
~~'~'~C~314~~?V'~' l~itD. i
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City of Anaheim
1~L,1~NIVVING ®Et<'~i,~'TMEIV'I'
Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of
August 20, 2007.
1A.(a)
(b)
Location; 500 West Disnev Way
www.anaheimnel
Request review and approval of a final site plan to construct a 400-unit time share within the
Anaheim Gardenwalk project.
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 400-unit time share within the Anaheim Gardenwalk project and does hereby
determine that the previously-approved Mitigated Negative Declaration and Second
Addendum to the Pointe Anaheim Initial Study are adequate environmental documentation
for this request.
Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION
CARRIED, that the Anaheim Planning Commission has reviewed the request to construct a
400-unit time share within the Anaheim Gardenwalk project and has determined that the
Final Site Plan is in conformance with the Specific Plan and Conditional Use Permit No. 4078
requirements.
FSP2007.00009_Excerpt
200 South Anaheim Boulevard
P0. Box 3222
Anaheim, California 92803
TEL (714) 765-5139
Agent: Chris Samuelian
Morris Architects
2046 Armacost Avenue
Los Angeles, CA 90025
s ~ ®p
T
ORANGE COUNTY
WATER DISTRICT
Conditional Use Permit No. 3277
TRACKING NO. 2007-05251
Requested By: CITY OF ANAHEIM PLANNING DEPARTMENT
950 - 970 North Tustin Avenue
0
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a
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91
Subject Property
Date: August 20, 2007
Scale: 1" = 200'
Q.S. No. 150
10364
Alpha (NO ent Pro ®®Are~ . a
Redevelop m ,~ m
0 ® F
SP 94-1
RCL fi5-66-24
(Res of Intent to ML)
RCL 65-66-13
CUP 2169
T-CUP 2D03-04675
CUP 4020
WARNER SPREADING
BAST N
(O.C.W.D.)
T
\RCL 65-66-13
a
City of Anaheim
I~LANNIIVG DE~AR'fMENT'
Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of
August 20, 2007.
16.(a) CEQA CATEGORICAL EXEMPTION. CLASS 21
(b) CONDITIONAL USE PERMIT NO. CUP3277
(Tracking No. CUP2007-05251)
Agent: City of Anaheim
Planning Department
200 South Anaheim Boulevard
Anaheim, CA 92805
Location: 950-970 North Tustin Avenue
www.anaheim net
Request to initiate the revocation or modification of Conditional Use Permit No. 3277 (to
permit office uses in an existing industrial building with waiver of minimum distance between
freestanding signs).
ACTION:
Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION
CARRIED, that the Anaheim Planning Commission has determined that this project is
Categorically Exempt under Class 21 (Enforcement Actions by Regulatory Agencies) from
the requirement to prepare further environmentatdocumentation.
Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION
CARRIED, that the Anaheim Planning Commission does hereby initiate the modification or
revocation of Conditional Use Permit No. 3277 because the permit is being exercised
contrary to the terms of the original approval.
Excerpt CUP2007-05251
200 South Anaheim Boulevard
P.0. Box 3222
Anaheim, Calilornia 92803
TEL (714) 765-5139
Attachment - R&R 1-B
MEMORANDUM
CITY OF ANAHEIM
Code Enforcement Division
DATE: July 10, 2007
TO: PLANNING DEPARTMENT
FROM: MAYO SALAZAR, CODE ENFORCEMENT OFFICER #1019
SUBJECT: REQUEST FOR MODIFICATION OR REVOCATION OF CONDTI'IONAL USE
PERMIT #3277 PROPERTY LOCATED AT 950-970 NORTH TUSTIN AVENUE,
PROPERTY OWNER BARRY LEE KONIER:
On November 28, 2006, Code Enforcement staff received a request for service concerning the
unpermitted free standing electrical boazd sign, unpermitted businesses located. at rear of
ProPertS'•
On November 28, 2006, Code Enforcement Officer Mazk Ilagan #1000 went to the location to
inspect the property. Mazk observed the free standing electrical' board sign visible from the 91
FWY eastbound & westbound traffic advertising off-site businesses. He also observed several
businesses located at the reaz of building 950 on the north side of property. Recreation Resales
Inc. (jet ski /quad rentals, sales & service.) Black Diamond Detailing (auto detailing), Unknown
business (airbrush painting business). He also observed an unpemutted addition to a monument
sign in front of property facing Tustin Ave:, unpermitted mounted sign and a banner affixed to
the south property block wall facing the Orange County Water Channel (photo's attached).
On December 5, 2006, Mazk Ilagan's reseazch indicates that the free standing electrical boazd
sign permits had expired and was not finalized. The above mentioned businesses were never
approved by Planning & Zoning. Mazk llagan issued a Courtesy Notice to property owner Barry
Lee Konier advising him of the violations of the Anaheim Municipal Code existing on his
property and gave him five days to corrector abate the violations.
On December 13, 2006, Mazk Ilagan left Mr. Konier a telephone message at 714-771-6664 to
discuss the conditions of his property.
On December 14, 2006, Mark Ilagan left Mr. Konier a second telephone message at 714-771-
6664 to discuss the conditions on his property.
On December 15, 2006, Mr. Konier telephoned Mazk Ilagan and advised him that he will obtain
all required permits on December 18, 2006.
On December 19, 2006, Mark Ragan researched for building permits thru City of Anaheim
Building Division records for 950-970 N. Tustin Ave. and found no valid building pemuts have '
been finalized for the electric reader board sign. Civil Notice of violations was sent to property
owner Barry Lee Konier via US Mail and Fax to 714-771-6685 advising him of the violations of
the Anaheim Municipal Code existing on his property and gave him until December 28, 2006 to
corrector abate them.
On December 21, 2006, The Civil Notice returned marked "undeliverable".
On December 22, 2006, Mr. Konier visited City of Anaheim Planner Kim Wong in Planning and
Zoning Division to obtain the required Building Permits for the electric reader board sign as
requested by Mazk Ilagan's notices, no permits obtained..
On December 27, 2006, Mr. Konier supplied to Planning and Zoning Division a sign permit.
Reseazch by staff indicates that the final permit was supplied by Mr. Konier for a meter
amperage increase and not for the electric reader board sign.
On January 23, 2007, Mazk Ilagan mailed a Civil Citation to property Barry Lee Konier via US
Mail and Fax to 714-771-6685 advising him of the violations of the Anaheim Municipal Code
existing on .his property .and gave him until February 18, 2007 to correct or abate them (A
meeting was also held with management regazding businesses on property).
On January 29, 2007, I inspected all units at 950 & 970 N. Tustin Ave. for business licenses. See
business list for 950 & 970 N. Tustin Ave. (attached)
On January 30, 2007, Code Enforcement Officers Mayo Salazar, Mark Ragan, Don Yourstone,
Roger Bennion and Assistant Planner. Kimberly Wong meet with property owner Barry Lee
Konier regarding the free standing electrical board sign, Conditional Use Permit violations, and
Anaheim Municipal Code violations for unpermitted signs, Banners, and outside storage. Mr.
Konier stated he would talk to the tenants regazding the outstanding A.M.C. violations. He also
stated he will notify his attorney regazding the electric reader board sign and have him handle it
with the city.
On February 5, 2007, Kimberly Wong forwazded a memo to Mayo Salazar & Roger Bennion
listing all code violations and corrective actions (copy attached).
On March 6, 2007, I reinspected the property and observed the addition to the front monument
sign has been removed, also observed the two attached signs to the south side block wall facing
the Orange County Water Channel had been removed (photo's attached). All other Anaheim
Municipal Code violations still exist on the property.
On June I5, 2007, I reinspected the property and observed the free standing electrical boazd sign
visible from the 91 FWY eastbound & westbound traffic advertising businesses still in operation.
I observed several businesses located at the reaz of building 950 on the north side of property.
Recreation Resales Inc. (jet ski /quad rentals, sales & service.) Black Diamond Detailing (auto
detailing). I also observed outside storage of jet skies, trailers, construction equipment and other
vehicles.
On July 10, 2007, I reinspected the property and observed the free standing electrical board sign
visible from the 91 FWY eastbound & westbound traffic advertising businesses still in operation.
I observed several businesses located at the rear of building 950 on the north side of property.
Recreation Resales Inc. {jet ski /quad rentals, sates & service.) Black Diamond Detailing (auto
detailing). I also observed outside storage of jet skies, trailers, construction equipment and other
vehicles.
Due to Barry Lee Konier's refusal to comply or abate the above listed Anaheim Municipal Code
violations and the violation of the Conditional Use Permit # 3277 which only permits the
following 22 proposed office uses.
1. Accounting -bookkeeping, certified public accountant forms or temporary CPA firms
2. Advertising
3. Appraisers
4. Banks
5. Brokers -real estate, business opportunities, etc.
6. Business systems companies
7. Communication consultants
8. Computer analysis firms
9. Credit reporting agencies
10. Designers -industrial, interior, graphic
11. Development companies
12. Facility maintenance and planning
13. Insurance companies or agencies
14. Inventory services
15. leasing companies
16. Management consultants or companies
17. Marketing research
18. Personnel agencies
19. Quality control analysis
20. Sales offices (which serve the industrial area as specified by Code Section
18.61 A50.145)
21. Secretarial or business services
22. Any use permitted under Zoning Code Section 18.61.020 "Permitted Primary Uses and
Structures", and subject to all conditions of said section.
Staff requests that property owner Mr. Konier and Conditional Use Permit # 3277 for 950-970 N
Tustin Ave., Anaheim, CA 92806 be brought back before Planning Commission for modification
or possible revocation.
Attachment - RJR 1-6
PARCHL 2: THAT PORTION OF LOT 3 OP HRCTION 3,
TONNHIIIP 4 HOUTfi MNGH 9 NHHT. HAN HORNARDINO
lIHRIDIAN, A0000.DING TO TIIB OFFICIAL PLAT FILGD 1N TIIH
UIHTRICT LANG OFFICB, APR1L I3, 1H'/5, ANU THAT PORTION
CUY 3271
PARCHL SS THAT PORTION OF PARCpRpL 2 AS OHLINOATHU AND
SIIADDU ON INP A7TACIU390801NHDOOKU97 6i.~NPApfi~100N
0.9CORDHD AUGUST 29.
OPPICIAL RHCpRDS. DIlSCR IDBD AS POLLONSt
DBCINNING AT Tlifi /IOST NORTII6RLY CORNOR pP PARCHL 2,
RBL[NQUISNAIfiNT OP 1116IINAY RIGHT-OP-MAY. RDAO 07-OR
A-1-9.4. RROUQST Nn. DOS. AS SIIOMN ON A OOCUIUINT
RHCORDHU AUGUST 39, 1969 IN tlOUR 9700. PAGE 1 OP
OPPICIAL RRC0RD5. HtlC0RU5 OP SAIU OIIANGC COUNTY;
-2- LUP 1277
OF LOT d OP SHLTION d, TONNSNIP 1 SDU7H. RANCH 9 N3ST.
SAN BHRNARDiN- NSRIDIAN. 1N TNfi CITY OP ANANHIN.
COUNTY OP ORANCO. STATtl OF CALIFORNIA. ACCORDING TO
SAID OPFICIAI. PLAT. DfiSCRIBLD AS FOLLCNS;
NI1gItgA1. eha Clty Planning Commimslon did hold a public
hunting upon said application at the City Nall .x the City of
Anaheim notleom of vhdch public honring ware duiy @ivan na
raqulrab by laM and the pxoYlalons of Title 1g, Chapter 18.83 vE
the Anaheim Hnnicipal Code; end
U~tgReAS.aaid Cvamisslon after duo inspection,
tnvesti@mtion andatudies aade by ~tsalE and in !ta bahalF and
after due conaidarotf oa of all ev ldenca and rapprta oEFe red aC
said hoarine d!d adumt Its Raselution No. PC-132 {ranting, Sn
part, Coadl ClonvlUaa 1`ormlt Ho. 3277{ vnd..
WHHRBAS, thereafter, within the ttmv preatrtbad by loo,
an in [area tad pparty or thv GS ty Council, on ita aun motion
causod tho review aE aaid Planning Commission action at a buly.
notlcod pnb llc hnering; and
U116RBA5, et tho time and place Fixed For sa id public
hoarinq, tho Clty Council did duly hold end conduct ouch booing
and did givo all poraons lntoroacod Lhoraln an vpDOrcunSty to ba
heard and did wcalvc evidence mud rvporta; and
gHHRgAS, tho Cf cy Ccunctl finds, after coroFUi conmf-
deratlon of the racaamnndaef una of the Clty Plannln{ Cthntssion
anJ nil ev ldancoand raportsvEFOrad yac aaid hoorlhg,
use po rml tTia euthorlc d byi thorAnnholm /lunlcipalitodo,eondltf vnal
2. Tho propoaod uao viii not advonaly aEEecctho
adlolning land usoa and Cho grouch mud dovalopment of cho at•ae In
uh cit It tm proposed to bo lvcatvd. -
S. Thv mfae and ahmpv of the alto propaeodEo>• tho use fa
adoqua to to allow the Eull davolopmont of cho propasod use In o
monnor net datrlmontal to the pnrelculer Bran nor to tho ponce,
hoof th, se Foty mtd gonaral volparo.
_1- CUP 1277
1. Thai trnsh stornga arena ahe31 6e provided and nnlntalned
Sn a location acceptable to the Straot Wlntettanco end -
Snnltation Division and Sn accordanea w![h approved pl nna
an Eila vlth. said Division.
2. Thnt Dntoa shall not beinstallad aerosa the drivewayy !n a
manner which may adraraaly affect vahleular traffic in cha
ad)acent public atraet(a). Instal lotion aE any gates shall
conform to Dnginoering Standard Plan Na. 102 and shall be
aublaet to the raviaa and approval of the City TraFFic
6mg near..
3. That plans shnllbe aubmlttad to theCity TraEElc bllglnaer
for his roviov and npprovnl ahoaing conformance vith
gnglnearlpg Standard Plan Nos. 136 and 602 partalnlrtg to
Barking atsndnrds. 9ub)oct property shall thereupon be
aveloped and mointaina Sa conformance vlth aafd plena.
/. That the lagnl boner(s) of aub)ect property ahnll axocuee
sad record as unsubordlnated covenant Rn a form approved by
the Clty Attorney's OFEica wheroln ouch ovner(a) agree not
to contest the Focmntlon of any essabament district(s)
uhi<h mmy hereof tar be Eormsd for Cho ppurFFOSe of Financing
the undargrounding of uttlitloa, and uhichdia trltt(s)
could include. such legal property oaner'a property.
5. That any to<kabla pedaa trlan end/ar vehicular sccasa gates
shall ba equippped vlth "knox hex" dovitaa as roquirod by
the C1 ty PSre Uapattmont.
6. That thepropoaad oEElca uaas aholl bo lfml cad to the
Following l3s tad uaea and thnt nn uneuhardlnated covenant,
revleaod end approved by the C1 ty Attorney's OFFfca,
ao-llmt Clog maid uaos shall be raeordod In the OEflco of
Cho Ornnggo County gocordor, a copy of ahleh shall than bo
presantod to the Zoning Dirlelen:
(1)ACtaunting - bookkaoping eortlEiod public aeeounennt
forma or temporary CPA Parma
(2) Advortl slog
(3) APPrnlaers
(4) Osnka
(S1 Brokers - real oa to te, buslnoss epportunf tlos,otc.
(BI Bus lnaaa syatom eompnnlas
l7) Communles elan consul cants
(e) Compute) .nnlyysls Elrma
(p) Credit reperting egonclas
t10) Oes lggnera - industrial, lntarlor, gtephf<
ill) Oovolopaent tompenfam
(32) Paclllty malntsnanco sndplanning
ill) Inaursnca Companies or egonUos
(Id) Inrentaty 9OtYltea
(1 a) Looaing <ompanlaa
(16) Mnnagomont consul tents or tampon lea
-3- CIIP 3277
~._.
i
7116 PORfiG0IN0 R9504UT10N !a approvod and ndopteJ by
the City Councll aE thn clty of Anaholm thin 23at day of Aueuat~
1990.
ATTU57:
JLK:kh
39841
090790
.7. WI' 3277
SYAYB OP CALIFOpIiIA )
COUNIY 08 OPANUB ) nn.
CIYY OP A)WIBIN )
I, 180NOM N. 80N4, Olry Cloxh o[ the Clry of Amfinlo, do hsraby mttrfy shot
tho fongal~ 0.ew1utlrn No. 900..]26 va Sntmdaed and ndopad nt m sagulnr
motrns provldnd by Iml, a[ eha Olry Ceumll of eha OLty o[ Anshele held am '
the 21aC dqy of August, 1990, by ebe folleving wts of thv mambexv Nasnof:
i
AY69: COUNCIL tl8118888: 6hrlp, Plakla eM ilwtet
NO84: COVNCIL X9N08&1; Osly, kayvoad
AB3BNI: COUNCIL 1®1880.9; Nam
AND 1 FU0.YH8R certify shot the tlnyor a[ rho Clty of Amhalm nigned said
0.eaolutron Nu. 90A-]26 on the 13th doy a[ 8aptambex, 1990.
IN 431N898 VNBA89F, 1 have hexowto evt ~ bend and a[fited Cho aesl P[ Che
Clty aP Nmhnlm this 1]th dny of Haptembee, 1990.
CIYY OL6NK OF 1116 CIYY OP ANAIIBIN
(HEAL)
Item No. 2
r a u EAc
RS-2
1D EACH
PASO ROBLES DR
RS-2
1 U EACH =
w¢ T(MHP)
rn w RCL 82-83-26
RS-2 ~ p CUP 1150
1 DU EACH ~ CUP 557
CUP 60
CUP 42
MOBILE HOME PARK
OLINDA LN
w
¢
R 2 AREA A
1 DU F1~C = Z RS-2
N O ~ - ' RCL 2006-00190
~ ~ U CUP 2006-05175
p = _ TTM 17139
RS-2 ~- ry O ~ GPA 2007-00460
i DU EA H ~~^ 1DU
p
LINDACITA LN
"-
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~ RCL 90.9140
~
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~ T-CUP 2903-04998
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1 DU EAC r RCL 2006-00190
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v ~
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9 RCL 61
uP
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r CUP 200
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CUP
RCL fi7-66A4
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~
h ~~"-~ O~ RCL 73-74-36 CUP
(Res. of Intent to RS-7200) CUP 2002-04516 CUP
~ 1 U CH T-CUP 2003-04698 CUP
F CUP 3677 CUP
~ CUP 3591 CUP
Z
W CUP 2473 MED CAL
c
.3Q
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~ v
~ ~ CUP 1656
m ~~~ N WESTANAHEIM
7 T v j O MEDICAL CENTER
aL 1 Du _
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1 DU o
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c.c cu 2ao6-a 130
RCL 7raea, CUP 257.
CUP 1954 Z OU
VAR 3027
PHYSICAL THE Y
ORANGE AVENUE
~
r
~
yJ RCU1-
t
General Plan Amendment No. 2007-00460 (Area A) „
c ~! AREAA Dale: August 20, 2007
w
Reclasslficalion No. 2006-00190 (Area A, Area B) - v
Sale: 1 Inch equals 200 tee!
Conditional Uee'Permll No. 2006-05175 (Area A, Area B) .y ;~
S
No
9
O
•
.
.
r AREA B
Tentative Tract Map No. 17139 (Area A, Area B) -~--'~~~-
Requested By: NATALIE IRAN
OUYEN IRAN
3100 West Lindacita Lane, 237 South Beach Boulevard 1oz9o
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280:
www.anaheim.net
ITEM N0.2
PLANNING COMMISSION AGENDA REPORT
City of Anaheim __.
PLANNING DEPARTMENT
DATE: AUGUST 20, 2007
FROM: PLANNING DIRECTOR
SUBJECT: GENERAL PLAN AMENDMENT' N0.2007-00460,
RECLASSIFICATION NO.2006-00190, WAIVER OF CODE
REQUIREMENT, CONDITIONAL USE PERNIIT NO.2006-05175,
TENTATIVE TRACT MAP NO. 17139
LOCATION: 3100 West Lindacita Lane (Portion A) and 237 South Beach Boulevard
(Portion B).
APPLICANT/PROPERTY OWNER: Mertco/Natalie and Quyen Tran.
QUEST: The applicant requests approval to construct ten (10) single-family
residences:
RECOMMENDATION: Staff recommends that the Commission take the following
actions:
(a) By motion, continue this item to the September 5, 2007, Planning Commission
meeting.
BACKGROUND: These properties are developed with two single-family residences
The General Plan designates Portion A for Low Density Residential land uses and
Portion B for Low-Medium Density Residential land uses. Properties to the north are
designated for Low and Low-Medium Density Residential land'uses, propenies to the
west are designated for Low Density Residential land uses; and properties to the east and
south aze designated for Office-Low and Water land uses.
This item was continued from the July 9, 2007, Planning Commission meeting for the
applicant to revise the plans to address the concerns expressed at the public hearing.
Mertco, the applicant, has requested a continuance of this item to the September 5, 2007,
Coimisson meeting in order to re-advertise the project for an additional waiver created
from the redesign to only provide one house on Portion A.
Respectfully submitted, oncurred by,
Ac t~rincipal Planner Planning Di>•ector
Item No. 3
I (PTMU) I (PTMU) CL
RCL 2004-00129 RCL 2004-00129 ¢ I (PTMU)
RCL 99-00-15 O RCL 99-00.15
RCL 66-67-14 RCL 99-D0.15 F RCL 55-56-19
---RCL 66-67-14aRCL-54-55-42
RCL 54-55-42 RCL 54-55.42 ~ IND. FIRMS - Df
1 RCL 55-56-19 RCL 55-56-19 p ST
RcL ss-m-ts CUP 2185 VAR 3775
RCL ~-6149 CUP 1971 DAG 20D5-0DOp3
RCL 55.56-19 VAR 4304 DAG 2005-00002
RcL x-ss-az VAR 3146 S I (PTMU)
cuaeii DAG 2005-0p007 DAG 2005-00001 RCL 99-00.15
RESTALLRPIlT FSP 2005-00006 FSP 2004-00007 RCL'66-67-14
UNDER UNDER RCL 55-56-19
CONSTR. CONSTR. RCL 54.55-42
CUP 1427
Platinum Triangle Mixed Use Over/ay Zone BANK
v® . e® m® o® o® o m®® o® o
KATELLAAVENUE
PlaGnumJnangle Mixed Use Overlay Zoned -, .; '' x 6 ,, Rci ~w out9
.,. t g { eyT y ,. RCL m-EC-15
`~ RCL ~-6144
'' ~ ..,~ _.....-._.-_,-}r-.:.--._. , ~i' xs~~ ~{~ r t~ o RCUP 1652
I ` I(PTMU) CUP 1587 ~~ -~ ~ r.~r '~ 1 „ vna icie
RCL 2005-W164~ s ' ' RCL 2004-00129 ADJ 2003-00236 "' a,h>~'3~'
RCL 20 05 001 64 ,_-> ''r, o ,. .c, ~" < ~ (RCL 7oaw4)
RCL 99-00 15 .% r .; RCL 99-00.15 DAG 67 01 ~ '•'{ ~ ~, h ~" . `¢ (>;UP 2POG-E5117)
RCL 88fi7 t4 `"~~ '"""~, RCL 87-88-14 FSP 2007.00006 ''r` air%' !I ~ tcuP trozl
RCL 56-57.93 ,~,~~.~~. mow. RCL 66-67-14 FSP 2006-00005 s~~' "~-"-"'~'~" G"`"~ «..?k,-.-r~ ~ NAR tmo s)
CUP 575 '~ r '' , ~"~~' `~ RCL 58-57-93 "~1"~ r ,,cj{O=`~` ~ `~ `'
(RCL 70.71-34 ~ ax' (RCL 70-71.34) „~"3-~ p1~ ~2,c,/~~Z" ~ ~ ~, ~'
I ~ CUP 2007-05227 1r*~'
(CUP 2006-05117) " ~' r ~ " `~ (CUP 2706-05117) ~~,~ t,~r <s~ ..„ •" ~¢~ I(PiMU)
.~ > ~. s+r ,~,, CUP 2006-05116 (CUP 1664 .~y ~~~.,...-F y >~: -ca. m RcL anw ootz9
( UNDER) $^~~`-~'~~"~s~`` CUP 2002-04544 (CUP 1065 ~~/.~ "''~~ ~ {" ~,N I RCL ®m t5
`"~7-~'f~ r~'~ ~, CUP 2946 (CUP 616) ~~~ ~~ ~ ~''~ Rcur~4a1 s
CONSTR ,~ ~<r,,,~,.~,: ch CUP 2134 UNDER ( ti '~ '.~'~'~ ~ u~`e1
1"~3 `~~ Ji CUP 1878 CONSTR ~ ~~~"' . ,~`~ -"~,~~`.~ (rtcvOlta4~
r`~ a r" 3 ,~ ,~' e~"'~'~"'g ~ `r'" t x~ i. ~ ~ ~NAR~mazo sj
1, ~ CUP 1842 ~
~ r ~ ,c ~ >
~ ~ h
1(Pf MU)
RCL 964-0019
/ RCL 9-m-15
/ /
r '~~~
RCL OM 129 RCL Sfi-51-93
RCL99.00-15 CUP a47 s
RCL 87.88-14 (RCL To-~ta4)
(Ras. o/ Int. m 9E) (CUP zOm-ast n)
RCL 99-00-15 I RCL S6b7.93 NAR twos)
CUP2002-01620 I (PTMU)
CUP2002-MSM RCL 3D04-00129
W I I CUP 3487 (CUP 1065)
CUP 2946 (CUP 616)
Aoa zoos-a923s uNOeR
OAG 67-01 W C STR.
d' I ((CUP01065)4) Z
~ (cuP~o618117) g ~r~l
W i i CONSR CUP 2003-04718 ~
m j v N
ALL PROPERTIES ARE IN THE PLATINUM TRIANGLE.
Conditional Use Permit No. 2007-05227 1 ~- .~u Subject Property
Fnal Site Plan No. 2007-00006 Date: August 20, 2007
Scale: 1" = 200'
Requested By: LENNAR PLATINUM TRIANGLE, LLC Q.S. No. 108
1404 East Katella Avenue -Development Area C 1o3za
~:
Conditional Use Permit No. 2007-05227
Final Site Plan No. 2007-00006
Requested By: LENNAR PLATINUM TRIANGLE, LLC
1404 East Katella Avenue -Development Area C
Subject Properly
Date: August 20, 2007
Scale: 1" = 200'
Q.S. No. 108
10324
ITEM N0.3
PLANNING COMMISSION AGENDA REPORT
200 S. Anaheim Blvd.
Suile #162
Anaheim, CA 92005
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
City of Anaheim
PLANNING DEPARTMENT
DATE: AUGUST 20, 2007
FROM: PLANNINGDIRECTOR
3UBJECTe CONDITIONAL USE PERMIT NO. 2007-05227 AND FINAL SITE
PLAN N0. 2007-00006
LOCATION: The property is identified as 1404 East Katella Avenue (A-Town Metro,
Development Area C).
APPLICANT/PROPERTY OWNER: Lennaz:
REQUEST: The applicant requests approval of a conditional use permit to modify:
'minimum setbacks and a final site plan to construct a mixed use development with 166
residential condominium units and 15,247 squaze feet of commercial uses.
RECOMMENDATION: Staff recommends that the Commission take the following.
actions:
(a) By motion, determine that previously-certified SEIR No. 332 and its Addendum
aze adequate to serve as the required. environmental documentation for this
project.
(b) By resolution, approve Conditional Use Permit No. 2007-05227.
(c) Bysesolution, approve Final Site Plan No:2007-00006.
BACKGROUND: On November 8, 2005, the City Council approved Development
Agreement No. 2005-00008 for the Lennaz A-Town Metro. project in The Platinum
Triangle with up to 2,681 residences with a mix of housing types, including high rise
residential towers, street townhomes, podium townhomes and lofts,.229,800. square feet
of commercial area and public pazk space. The Development Agreement included a
Master Site Plan identifying the general location of development areas and. required the
approval of Final .Site Plans for individual buildings prior to issuance of building
permits:. The Final Site Plans required to be considered by the Planning Commission at
a public hearing.: The 3.7-acre Development Area C is one of fifteen development areas
within the 41.4 acre A-Town Metro project and is currently vacant with rough grading:
currently underway.
CONDITIONAL USE PERMIT NO. 2007-05227 AND
FINAL SITE PLAN NO. 2007-00006
August 20, 2007
Page2of3
The property is zoned Industrial, Platinum Triangle Mixed Use (PTMU) Overlay and is
located in the Katella District: The General Plan designates this property for Mixed Use
land uses:
PROPOSAL: The applicant proposes to construct a 4 to 5-story; mixed useproject with
166 condominium units and 15,247 squaze feetof nerghborhood~serving'.retail in two
podium: style buildings above a subterranean pazking structure. The project includes
various outdoor recreation areas with amenities including a pool, spa, outdoor fireplace;
barbeques; water features and fountains, and apedestrran "mew" or alley that bifurcates
the project and acts as asemi-public pedestrian connection between the proposed
Crescent Pazk located to the southeast of the project and future Development Areas west.
of the project. Please seethe attached Project Summary table for further information:
ANALYSIS:
Conditional Use Permit,
Building and landscape setbacks meef code requirements with the exception of the
following modifications:
Adjacent to: Required Permitted Type of Proposed
Setback Encroachments Encroachment Encroachment
Into the Setback
Area
Union Street 10 feet Ground Floor Ground floor 7 feet
Residential and Commerciale
Commercial: 3 feet
Upper-story 5 feet
Residential
Patio: 7 feet Ground Floor 7 feet, 8 inches
Patio -
Market Street ' l0 feet `Ground Floor Residential'' 8 feet
Commerciale 4 feet Balcon
Triad Street " l O feet ' Residential" Residential ' 7 feet
Balcony: 3 feet Balcony
Patio: 7 feeE
Ground Floor Up to 10 feet.
Patio
Granville 10 feet' Residential'` Residential: Up to 5 feet, 4
Street. Balcony: 3 feet 'Balcony inches.
CONDITIONAL USE PERMIT N0. 2007-05227 AND
FINAL SITE PLAN NO. 2007-00006
August 2Q, 2007
Page 2 of 2
The requested setback modifications are primarily the result of the unique curvilineaz
nature of the property along Union Street and the unique size and shape of the lot.
Modifications to the setback requirements are consistent with the urban development
standards established for this project and will not be detrimental to the design or function
of the proposed buildings.
Final Site Plan:
Staff has reviewed the final site plan for conformance with the Platinum Triangle Master
Land Use Plan and PTMU Overlay Zone_ The final site plan has also been reviewed by
the City's azchitectural peer review consultant who provided feedback that staff has
incorporated into the project where appropriate.
Staff believes that this project is consistent with the PTMLUP and PTMU Overlay zone.
Therefore, staff recommends approval of this request.
Respectfully submitted, Con,~c'urred by,
~~
Ac ing Principal Planner Planning Director
Attachments•
I. Project Summary
2. A-Town Metro Master Site Plan
3. Market Street Elevation
4. Granville Drive/Triad Street Intersection Elevation
P>~~a~~•~ sUre'A>r~~-
r-
l~evelopnten$S$andar'd
linB'opOSed>frojcc$
F°`1'Pa~ll9~yerlay:~oaoe -
~
~tandaB
ds
~ Site Area 3.74 Acres IlT;'A
Number of Dwelling Units 166 SO Minimum
Commercial 15,247 SF 1`?'.-~
General Plan Density 44 DL~'AC 100 DU'r1C ~
Lot Coverage 7090 75°iu
Avg. Rec.!Leisure Area
.
er DU 230 SF/DLI 200 SF/DU
Parlcing* Residential: 351 spaces Residential: 351 spaces
(including 25 guest spaces)
Commercial: 447 spaces Conunercal: 194 spaces
Total: 79S spaces'` Total: 594 spaces
Builduig Hei t 65 Feet 100 Feet
Number of bedrooms 2 - 3 BR N/A
Size of units 1,301 SF to 2,582 SF 2-BR -Min. E25 SF
3 BR-Min.1,000 SF
Loading Plazas/Mo~dng
Areas 4 (on-street) 3 based on 1 per 150 DUs
Private Storage Areas Varies (100 SF Minimum) 100 SF Minimum
DU/AC -Dwelling Units per Acre
SF/DU -Square Feet per Dwelling Unit
BR-Bedroom
SF -Square Feet
~A parking analysis for A-Town Metro -Phase 1 (Development Areas A, B, C, D, E, F,
and G), dated July 10, 2007, prepared by Walker Patking Consultants, was reviewed and
approved by the City's Pazking Consultant for conformance with PTMU Overlay Zone
parking standards.
'~* The 253 surplus commercial parking spaces will sers~e as parking for future commercial
uses in adjacent Development Areas B, D, and E.
~
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Granville IDrive/3'riad street Intersection Elevation
[D12AFT]
RESOLUTION NO. PC2007--"'
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION °--° --
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05227 BE GRANTED
(1404 EAST KATELLA AVENUE -DEVELOPMENT AREA C)
WHEREAS, on November 8, 2005, the City Council approved Development Agreement No.
2005-00008 for the A-Town Metro project in The Platinum Triangle Mixed Use (PTMU) Overlay Zone in the
City of Anaheim.
WHEREAS, the PTMU Overlay Zone, Chapter 18.20 of the Anaheim :Municipal Code, does
provide for the modification of setback requirements in connection with a conditional use permit provided that
minimum landscape requirements are met.
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use .Permit to modify the minimum structural setbacks to construct a mixed use development, including 166
residential condominium units and 15,275 square feet of commercial uses for certain real property situated in
the A-Town Metro project in The Platinum Triangle area of the City of Anaheim, County of Orange; State of
California, described as:
LOT 10 IN TRACT 16859, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 892 PAGES 1 THROUGH 10
INCLUSIVE OF MAPS, IN THE OFFICE pF THE COUNTY RECORDER OF SAID
COUNTY.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the:
City of Anaheim on August 20, 2007 at 2:30 p:m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60
"Procedures", to hear and consider evidence for and against said proposed conditional use permit, in
connection with Final Site Plan No. 2007-00006, and to investigate and make findings and recommendations
in connection therewith; and
WHEREAS, said Commission, after due inspection; investigation and study made by itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the proposed modification of minimum structural setbacks to construct a mixed use
development, including 166 residential condominium units and 15,275 square feet of commercial uses is
properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No.
18.20.090.050.
2. That the proposed use will not adversely affect the adjoining land uses or the growth and
development of the area in which it is proposed to be located because the proposed project is compatible
with existing and surrounding land uses and that the minor deviations from the Code would still achieve a
project with architecturally enhanced elevations and layered landscaping, and further provide a project that is
compatible and consistent with the General Plan Mixed-Use land use designation and The Platinum Triangle
Master Land Use Plan (PTMLUP).-
3: That the size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area or to health .and safety.
4. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area as the prcposed project has been
analyzed in a Traffic Impact Analysis dated June 2005, reviewed and approved by the City Traffic and
Transportation Manager and that the required infrastructure improvements along the adjacent streets will be
constructed in connection with the project.
Cr\PC2007--" -1- PC2007--"
5. That the granting of the conditional use permit under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim. .
6. That "' indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed Conditional Use Permit No. 2007-05227 - to modify structural setbacks to
construct a mixed use development, including 166 residential condominium units and 15,275 square feet of
commercial uses; and did find and determine, by motion, pursuant to the provisions of the California
Environmental Quality Act ("CEQA"), based upon its independent review and consideration of an Initial
Study/Addendum conducted pursuant to CEQA for the Development Agreement, and the requirements of
CEQA, including Section 21166 of the Califomia Public Resources Code and Section 15162 of the CEQA
Guidelines, and the evidence received at the public hearing, that previously-certified FSEIR No. 332 and its
Addendum, together with the Updated and Modified Mitigation Monitoring Program Nq. 106A and Mitigation
Monitoring Plan No. 138(C), are adequate to serve as the required environmental documentation for this
Conditional Use Permit and satisfy all. of the requirements of CEQA, and that no further environmental.
documentation need be prepared for this Conditional Use Permit
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
safety and general welfare of the Citizens of the City of Anaheim:
Prior to issuance of building permits the followina condition shalt be complied with•
1. That plans shall indicate compliance with the building setbacks identified in Exhibit Nos. 61 through
69 of Final Site Plan No. 2007-00006.
General Conditions:
2. That the property owner/developer shall be responsible for compliance with all mitigation measures
within the assigned time frames and any direct costs associated with Mitigation Monitoring Plan No.
138(C) as established by the City of Anaheim and as required by Section 21081.6 of the Public
Resources Code to ensure implementation of those identified mitigation measures.
3. That this Conditional Use Permit Nd: 2007-05227 is granted expressly conditioned upon approval of
Final Site Plan No. 2007-00006.
4. That subject property shall be developed substantially in accordance with Development Agreement
No. 2005-00008, and as conditioned herein.
5. That this conditional use permit shall be valid for a period of time coinciding with the timing set forth
in Development Agreement No. 2005-00008.
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.
BE IT RESOLVED that the Anaheim Planning Commission does hereby find and determine
that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the
conditions hereinabove set forth: Should any such condition, or any part thereof, be declared invalid or
unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any
approvals herein contained, shall be deemed null and void.
_2_ PC201)7-_
AND BE IT FURTHER RESOLVED that the property owner/developer is responsible for
paying all charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice or prior to the issuance of building permits, 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
August 20, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures"
of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council
Resolution in the event of an appeal.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on August 20, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2007.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2007-
[DRAFT]
RESOLUTION NO. PC2007--""
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION - --
THAT PETITION FOR FfNAL SITE PLAN NO. 2007-00006 BE GRANTED
{1404 EAST KATELLA AVENUE -DEVELOPMENT AREA C)
WHEREAS, on November 8, 2005, the City Council approved Development Agreement No.
2005-00008 for the A-Town Metro project in The Platinum Triangle Mixed Use (PTMU) Overlay Zone in the
City of Anaheim.
WHEREAS, Development Agreement No. 2005-00008 includes a Master Site Plan to
implement the A-Town Metro project.
WHEREAS, the PTMU Overlay Zone, Chapter 18.20 of the Anaheim Municipal Code, does
provide for the approval of final site :plans for projects within a master site plan, at a duly noticed public
hearing.
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for the review
and approval of a final site plan fora 5-story, mixed-use development, including 166 residential condominium
units and 15,275 square feet of commercial uses, for certain real property situated fn The Platinum Triangle
area of the City of Anaheim, County of Orange, State of California, further described as Development Area C
of the A-Town Metro project (1404 .East Katella Avenue), and more further described as:
LOT 10 IN TRACT 16859, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 892 PAGES 1 THROUGH 10
INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on August 20, 2007 at 230 p.m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Ghapter 18.60
"Procedures", to hear and consider evidence for and against said final site plan in connection with
Conditional Use Permit No. 2007-05227, and to investigate and make findings and recommendations in
connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
:and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the proposed final site plan to construct a 5-story, mixed use development, including
166 residential condominium units and 15,247 square feet of commercial uses is properly one for which a
final site plan is authorized by Anaheim Municipal Code Section No. 18.20.170.0101.
2. That the proposed use will not adversely affect the adjoining land uses or the growth and
development of the area in which it is proposed to be located because the proposed project is compatible
with proposed surrounding land uses and is compatible and consistent with the General Plan Mixed-Use land
use designation and The Platinum Triangle Master Land Use Plan (PTMLUP).
3. That the size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area or to health and safety.
4. That the approval of the final site plan under the conditions imposed will not be detrimental
to the health and safety of the citizens of the City of Anaheim.
Cr1PC2007--"" -1- PC2007-"
5. That "' indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed Final Site Plan No. 2007-00006 for the review and approval of a final site plan for
a 5-story, mixed-use development, including 166 residential condominium units and 15,247 square feet of
commercial uses; and did find and determine, by motion, pursuant to the provisions of the California
Environmental Quality Act ("CEQA"), based upon its independent review and consideration of an Initial
Study/Addendum conducted pursuant to CEQA for the Development Agreement, and the requirements of
CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA
Guidelines, and the evidence received at the public hearing, that previously-certified FSEIR No. 332 and its
Addendum, together with the Updated and Modified Mitigation Monitoring Program No. 106A and Mitigation
Monitoring Plan No. 138(C), are adequate to serve as the required environmental documentation for this final
site plan and satisfy all of the requirements of CEQA, and that no further environmental documentation need
be prepared for this final site plan.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for final site plan, upon the following conditions which are hereby found to be a
necessary prerequisite to the proposed use of the subject property in order to preserve the safety and
general welfare of the Citizens of the City of Anaheim:
Prior to :issuance of buiiding permits, the following condition shall be complied with:.
1. That plans shall indicate compliance with Exhibit Nos. 1 through 69 of Final Site Plan No. 2007-
00006:
General Conditions:
2. That the propertyowner/developer shall be responsible for compliance with all mitigation measures
within the assigned time frames and any direct costs associated with attached Mitigation Monitoring
Plan No. 138(C) as established by the City of Anaheim and as required by Section 21081.6 of the
Public Resources Code to ensure implementation of those identified mitigation measures:
3. That this Final Site Plan No. 2007-00006 is granted expressly conditioned upon approval of
Conditional Use Permit No: 2007-05227.
4. That subject property shall be developed substantially in accordance with Development Agreement
No. 2005-00008, and as conditioned herein.
5. That this final site plan shall be valid for a period of time coinciding with the timing set forth in
Development Agreement No. 2005-00008.
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.
BE IT RESOLVED that the Anaheim Planning Commission does hereby find and determine
that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the
conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or
unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and :any
approvals herein contained, shall be deemed null and void.
AND BE IT FURTHER RESOLVED that the property owner/developer is responsible for
paying all charges related to the processing of this discretionary case application within 15 days of the
-2- PC2007-
issuance of the final invoice or prior to the issuance of building permits, 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
Augusl 20, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18:60, "Procedures"
of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City. Council
Resolution in the event of an appeal.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on August 20, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
.2007.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2007-
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Final Site Plan No. 2007-Op007
Tentative Tract Map No. 17102
Specimen Tree Removal No. 2007-00003
Miscellaneous Case No. 2007-00204
Requested By: IRVINE LAND COMPANY
Southern terminus of Gypsum Canyon Road and bordered
on the north by the Riverside Freeway (SR-91)
k ~< Subject Property
Date: August 20, 2007
Scale: 1"= 200'
Q.S. No. 237, 238
243,244
tosao
ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE.
Final Site Plan No. 2007-00007
Tentative Tract Map No. 17102
Specimen Tree Removal No. 2007-00003
Miscellaneous Gase No. 2007-00204
Requested By: IRVINE LAND COMPANY
Southern terminus of Gypsum Canyon Road and bordered
on the north by the Riverside Freeway (SR-91)
Subject Property
Date: August 20, 2007
Scale: 1" = 200'
Q.S. No. 237, 238
243, 244
70320
I'T'EM N0.4
PLANNING COMMISSION AGENIDA REPORT
City of Anaheim
PLANNING DEPARTMENT
DATE: AUGUST.20,.2007
FROM: PLANNING DIRECTOR
SUBJECT: FINAL SITE PLAN NO. 2007-00007
DEVELOPMENT AREA PLAN FOR DEV. AREA 5
TENTATIVE TRACT NO. 17102
SPECIMEN TREE REMOVAL PERMIT NO. 2007-00003
LOCATION: East and southeast of the southern terminus of Gypsum Canyon Road,
and bordered on the north by the Riverside Freeway (SR-91).
APPLICANT/PROPERTY OWNER: John Sherwood/The Irvine Land Company
REOUESTc The applicant requests approval of the following:
(a) Final Site Plan No: 2007-00007 -Request for review and approval
of a final sateplan for Development Area 5 bf the Mountain Park
Specific Plan.
(b) Development Area Plan for Development Area'S (Miscellaneous
No[' 2006-001711= Request for review and approval bf a
Development Area Plan for Development Area 5 of the Mountain
Park Specific Plan:
(c) Tentative Tract Man No. 17102 -Request to establish 153 single-
family detached lots, 8 Large-Lots fora maximum'of 617 single-
family detached cluster units and 13 Large-Lots fora maximum of
825 single-family attached"units, a public water reservoir, three
private parks and associated Streets and landscaping.
(e) Snecimen`Tree Removal Permit No; 2007-00003 Request for
4eview and approval of a specimen tree removal permit to remove
S3 trees as part of the Mountain Park Master Specimen Tree
' Removal Permit.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5260
www.anaheim.nel
I
Final Site Plan 2007-00007
August 20, 2007
Page 2 ors
RECOMMENDATION: Staff recommends that the Commission take the following
actions:
(a) By motion; approve Final Environmehtal hnpactNo. 331 (previously approved)
as the required environmental determination. '
(b) By motion; approve Final Site Plan No. 2007-00007.
(c) By, motion, approve Development Area Plan for Development Area 5
(MIS2007-00204).
(d) By motion; approve Tentative Tract Map No 17102.
(e) By motion, approve Specimen Tree Removal Permit No. 2007-00003
BACKGROUND:
This property is currently vacant and is the site of an approximately 300-acre sand and
gravel mining operation which was closed in January 2004 and is currently under
reclamation. The property is' located within the Mountain Park Specific Plan No. 90-4,
Scenic Corridor Overlay (SP90-4 (SC)). The General Plan designates this property and:
properties to the west for Low-Medium Density Residential land uses, the properties to
the east for Open Space ]and uses, and the properties to the south for Low-Medium
Hillside: Density Residential land uses: The property to the north is the Riverside
Freeway.(SR-91). ,'
In 2005, the City Council approved Amendment No. 1 to the Mountain Pazk Specific
Plan and certified Environmental Impact Report No: 331 to provide for the development
of a residential community with up to 2,500 residential units. The City Council
subsequently adopted ordinances to amend the Specific Plan Zone and establish revised
zoning and development standazds as part of the Anaheim Municipal Code.° In 2006 and
2007, the City Council approved Amendment Nos. 2 and 3 to the MountainPark
Specific Plan, respectively, in conjunction with the approval of multiple entitlement.
requests to establish residential subdivisions within Development Areas 3; 4; 6, and 7 of
the Mountain Park Specific Plan.
PROPOSAL'
The applicant is requesting a series of actions to establish 153 single-family detached
lots, 8 Large-Lots for a maximum of 617 single-family detached cluster units and 13
Large-Lots for a maximum of 825 single-family attached units. A public water
reservoir, three private parks and associated streets and landscaping for Development:
Area 5 of the Mountain Park Specific Plan are also proposed: The Large-Lots are for
conveyance purposes only: , `
The development areas of the Mountain Pazk Specific Plan are implemented through `
review by the Planning Commission prior to or concurrent with the approval of the
residential tract maps. The site plans are to be consistent with the specific plan and
zoning development standazds. The final site plan for DevelopmentArea 5 includes
single-family detached lots and reference to the Large-Lots for subsequent builder
Final Site Plan 2007-00007
August 20, 2007
Page 3 of 5
subdivisions. Once the applicant haS selected builders for these lots, the builders will""
submit tentative maps and final site plans for each of the Large-Lots which will include
individual parcels. The finalsite plan identifies the. location of the units, setbacks, lot
coverage,'and other code requirements. The site plan also indicates the zoning.
designations, lotsizes and typical development standards as required by code including
required setbacks, lot coverage and maximum height.=The requested final site plan
complies with all of the code requirements for this specific plan...'.
The applicant is also requesting to remove 53 specimen trees in Development Area 5,
and replace the trees with a total of 5,087 trees from the City's Replacement Tree List
and from the Mountain Park Specific Plan Tree List: The Mountain Park Specific Plan
requires that trees are replaced at a 4 to 1 ratio from the City's Replacement Tree List;
and at a 16 to T ratio from the Mountain Park Specific Plan Tree List for a total
replacement ratio of 20 to 1, The removal of 53 trees would result in the need to plant
1,060 new trees. The applicant is proposing to plant an additional 4,027 trees beyond
the required amount. The additional trees are necessary in order to evenly distribute
replacement trees throughout al] of the development areas: All replacement trees will
be planted'as specified in the Mountain Pazk Tree List and will be shown on Final
Landscape Plans to be submitted with building permits consistent with the Specimen
Tree Removal Permit.
ANALYSIS:
Staff received two letters, one from Robertson's Ready Mix, the adjacent property owner
to the southeast of Development Area 5, and one from the attorney representing
Robertson's, requesting certain conditions of approval on the tracf map. Robertson's is
requesting that the map contain conditions of approval requiring7oad access and
easements to theirproperty for ingress, egress, and utilities: Staff has reviewed the
request against the proposal, specific plan, and GeneraTPlan. The tentative tract map
requesf is consistent with the Mountain Park Specific Plan and the Anaheim General.
Plan. The streets in Tentative Tract Map 17102 .are private, and staff can not identify a
nexus to require the requested conditions of approval: Tfie submitted tentative tract map
does indicate the ability to connect roads and utility easements to the Robertson's
property from Development Area 5.
Staff received a subsequent letter from Robertson's requesting a continuance of this item
to allow continued discussions with The Irvine Company regarding these access and.
easement issues.
This project has been evaluated against applicable development standazds and is in
compliance: This project will implement Development Area 5 as intended; therefore,
staff is recommending approval of this project:
Final Site Plan 2007-00007
August 20, 2007
Pagc4ofS
Respectfully subrnitted, Concurred by,
_ <t.- ~~
`\
~'~v
Adfing Principal Planner Planning Director
Attachments•
1. -Project Summary
PROJECT SUMMARY
FINAL SITE PLAN NO. 2007-00007
MISCELLANEOUS PERMIT NO. 2007-00204
TENTATIVE TRACT NO. 17102
SPECIMEN TREE REMOVAL PERMIT NO. 2007-00003
Development Proposed Project RMp_4 Zone Standards
Standard Sin le Famil Lots 25-177
Lot Area 3,851 - 13,764 s ware feet 3,375 s uare feet
Parking 4 s .aces er lot 4 s aces er lot
Building Setback
Front 15 ft to structure, 20 ft. to garage 15 ft to structure, 20 ft. to garage
Side 5 ft. 5 ft.
Rear 10 ft. minimum, 15 ft. averse 10 ft. minimum, 15 ft. average
Lot Coverage 50% or less 50%
Building Height 30 ft. 30 ft.
City of Anaheim
hLA1V[l11NG DEPACZI'MEIV'i'
wrivtanaHCim nal
Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of
August 20, 2007.
4a.
4b.
4c.
4e.
4t.
Owner: Irvine Land Company, LLC., 550 Newport Center Drive, Newport Beach,
CA 92660
Agent: John Sherwood, Irvine Community Development Company, 550 Newport
Center Drive, Newport Beach, CA 92660
Location: This approximately 291-acre property is located east and southeast of
the southern terminus of Gypsum Canyon Road, and bordered on the
north by the Riverside Freeway (SR-91). The property owner is the
Irvine Land Company and the applicant is John Sherwood with The
Irvine Community Development Company,
Actions: Final Site Plan No. 2007-00007 -Request for review and approval of
a final site plan for Development Area 5 of the Mountain Park
Specific Plan.
2007-002041- Request for review and approval of a Development Area
Plan for Development Area 5 of the Mountain Park Specific Plan.
Tentative Tract Mao No. 17102 -Request to establish 153 single-family
detached lots, 8 Large-Lots for a maximum of 617 single-family detached
cluster units and 13 Large-Lots for a maximum of 825 single-family
attached units, a public water reservoir, three private parks and
associated streets and landscaping:
Specimen Tree Removal Permit No. 2007-00003 -Request for review
and approval of a specimen tree removal permit to remove 53 trees as
part of the Mountain Park Master Specimen Tree Removal Permit.
ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and
MOTION CARRIED, that the Anaheim Planning Commission has reviewed the Project
Actions, including Final Site Plan No. 2007-00007, and does hereby determine that based
upon its independent review and consideration of the previously-certified FEIR No. 331 and
the evidence received at the public hearing, that the previously certified EIR No. 331 is in
compliance with CEQA and the State and City CEQA Guidelines and are adequate to serve
as the required environmental documentation for the Project Actions and satisfy all the
requirements of CEQA, and that no further environmental documentation need be prepared
for the Project Actions.
208 South Anaheim Boulevard
P0. Box 3222
Anaheim, California 9283
TEL Q14) 765-5139
Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION
CARRIED, that the Anaheim Planning Commission does hereby approve Final Site Plari No.""'
2007-00007 for Development Area 5 of the Mountain Park Specific Plan based on the finding
that Final Site Plan No. 2007-00007 is in conformance with the Mountain Park Specific Plan
No. 90-4, subject to the following conditions:
1. That prior to the issuance of the first building permit for any single-family detached
residential units in the RMP-4 Zone, the property owner/developer shall submit final
building footprints, floor plans, roof plans, elevations and color renderings to the
Planning Department for the review and approval by the Planning Commission as a
Reports and. Recommendations item. Plans shall be prepared to the satisfaction of
the Planning Department and in compliance with the Mountain Park Specific Plan,
Residential Design Guidelines and Residential Architecture Guidelines.
2. That prior to the approval of any sObsequent builder tentative tract or parcel map for
any lots in the RMP-5 zone (single family detached cluster residential) or RMP-6
(single-family attached cluster residential), the property owner/developer shall submit
final site plans including building footprints, floor plans, roof plans, elevations and
color renderings to the Planning Department for the review and approval of the
Planning Commission at a duly noticed public hearing. Plans shall be prepared to
the satisfaction of the Planning Department and in compliance with the Mountain
Park Specific Plan, Residential Design Guidelines and Residential Architecture
Guidelines.
3. That prior to the issuance of building permits, the property owner/developer shall
submit plans to the Department of Public Works, Streets and Sanitations Division,
indicating that each parcel shall have adequate storage space to accommodate
curbside trash collection (minimum three (3) barrels per parcel), and further, that
each parcel shall provide trash barrel access to and from the storage location to
curbside.
4. That prior to issuance of building permits, the property ownerldeveloperyhall provide
plans to the Department of Public Works, Streets and Sanitation Division, indicating
that the width of all pedestrian access gates on lots within the tract map shall be wide
enough to accommodate trash barrels.
5. That subject property shall be developed substantially in accordance with plans and
specifications submitted to the City. of Anaheim by the applicant and which plans are
on file with the Planning Department marked Exhibit No. 3 (Final Site Plan) and as
conditioned herein.
FSP2007-00007_Excerpt
City Of Anaheim
[~L,AIVNI(VG ®EPAR'TMEIV'I'
Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of
August 20, 2007.
4a. CEQA ENVIRONMENTAL IMPACT REPORT NO. 331 (PREVIOUSLY CERTIFIED)
4b. FINAL SITE PLAN NO. 2007-00007
4c. DEVELOPMENT AREA PLAN FOR DEVELOPMENT AREA 5
SMIS2007-00204)
4e. TENTATIVE TRACT MAP NO. 17120
4f. SPECIMEN TREE REMOVAL PERMIT NO. 2007-00003
Owner: Irvine Land Company, LLC., 550 Newport Center Drive, Newport Beach,
CA 92660
Agent: John Sherwood, Irvine Community Development Company, 550 Newport
Center Drive, Newport Beach, CA 92660
Location: Multiple Properties: This approximately 291-acre property is located
east and southeast of the southern terminus of Gypsum Canyon Road,
and bordered on the north by the Riverside Freeway (SR-91).
Actions: Final Site Plan No. 2007-00007 -Request for review and approval of a
final site plan for Development Area 5 of the Mountain Park Specific
Plan.
.Development Area Plan for Development Area 5 (Miscellaneous No.
2007-002041- Request for review and approval of a Development
Area Plan for Development Area 5 of the Mountain Park Specific
Plan.
Tentative Tract Mao No. 17102 -Request to establish 153 single-family
detached lots, 8 Large-Lots for a maximum of 617 single-family detached
cluster units and 13 Large-Lots for a maximum of 825 single-family
attached units, a public water reservoir, three private parks and
associated streets and landscaping.
Soecimen Tree Removal Permit No. 2007-00003 -Request for review
and approval of a specimen tree removal permit to remove 53 trees as
part of the Mountain Park Master Specimen Tree Removal Permit.
ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and
MOTION CARRIED, that the Anaheim Planning Commission has reviewed the Project
Actions, and does hereby determine that based upon its independent review and
consideration of the previously-certified FEIR No. 331 and the evidence received at the public
hearing, that the previously certified EIR No. 331 is in compliance with CEQA and the State
and City CEQA Guidelines and are adequate to serve as the required environmental
documentation for the Project Actions and satisfy all the requirements of CEQA, and that no
further environmental documentation need be prepared for the Project Actions.
200 Soulh Anaheim Boulevard
P.0. Box 3222
Anaheim. Calilornia 92803
rnnxananeimnet TEL (7141765-5139
Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION
CARRIED, that the Anaheim Planning Commission does hereby approve the Development'
Area Plan for Development Area 5 of the Mountain Park Specific Plan (MIS2007-00204)
based on the finding that the Development Area Plan is consistent with the Specific-Plan,
including Chapter 18.112 of the Anaheim Municipal Code, and subject to the following
condition of approval
1. 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. 4 (Development Area Plan
for Development Area 5).
MIS2007-00204_Excerp[
City of Anaheim
I~LANI~IING I)EI~AIdTMEIV'T
Following is ah excerpt from the minutes of the Anaheim Planning Commission meeting of
August 20, 2007:
4a.
4b.
4c.
jMIS2007-00204)
4e. TENTATIVE TRACT MAP NO. 17120
4f. SPECIMEN TREE REMOVAL PERMIT NO. 2007-00003
Owner: Irvine Land Company, LLC., 550 Newport Center Drive, Newport
Beach, CA 92660
Agent: John Sherwood, Irvine Community Development Company, 550
Newport Center Drive, Newport Beach, CA 92660
Location: This approximately 291-acre property is located east and southeast of
the southern terminus of Gypsum Canyon Road, and bordered on the
north by the Riverside Freeway (SR-91):
Actions: Final Site Plan No: 2007-00007 -Request for review and approval of a
final site plan for Development Area 5 of the Mountain Park Specific
Plan,
Development Area Plan for Development Area 5 (Miscellaneous No.
2007-00204) -Request for review and approval of a Development
Area Plan for Development Area 5 of the Mountain Park Specific Plan.
Tentative Tract Map No. 17102 -Request to establish 153 single-
family detached lots, 8 Large-Lots for a maximum of 617 single-
family detached cluster units and 13 Large-Lots for a maximum of
825 single-family attached units, a public water reservoir, three
private parks and associated streets and landscaping.
Specimen Tree Removal Permit No. 2007-00003 -Request for review
and approval of a specimen tree removal permit to remove 53 trees as
part of the Mountain Park Master Specimen Tree Removal Permit.
ACTION: Commissioner XXX offered a motion; seconded by Commissioner XXX and
MOTION CARRIED, that the Anaheim Planning Commission has reviewed the Project
Actions, and does hereby determine that based upon its independent review and
consideration of the previously-certified FEIR No. 331 and the evidence received at the
public hearing, that the previously certified EIR No. 331 is in compliance with CEQA and
the State and City CEQA Guidelines and are adequate to serve as the required
environmental documentation for the Project Actions and satisfy all the requirements of
CEQA, and that no further environmental documentation need be prepared fpr the Project
Actions.
280 South Anaheim Boulevard
P.C. Box 3222
Anaheim. Calllornia 92883
viv+ei anaheunnal TEL (714) 755-5139'
Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION
CARRIED, that the Anaheim Planning Commission does hereby approve Tentative Tract
Map No. 17102, to establish 153 single-family detached lots, 8 Large-Lots for a maximum
of 617 single-family detached cluster units and 13 Large-Lots for a maximum of 825 single-
family attached units, a public water reservoir, three private parks and associated streets
and landscaping within Development Area 5 of the Mountain Park Specific Plan based on
the finding that pursuant to Government Code Section 66473.5 (a) the proposed tentative
tract map including the design and improvement of the proposed subdivision, is consistent
with the General Plan and the Mountain Park Specific Plan No. 90-4, and (b) the site is
physically suitable for the proposed type and density of iievelopment and therefore would
not cause public health problems or environmental damage, 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.
2. That prior to the approval of the final tract map, the property owner/developer shall
submit a design and maintenance plan to the Department of Public Works for
review and approval for the proposed public naturalized drainage course and water
quality basin (or an equivalent City-approved treatment control BMP). The design
and maintenance shall be prepared to the satisfaction of the Department of Public
Works and shalt address the ownership of the proposed water quality basin (or
equivalent City-approved treatment control BMP), responsible parties for the on-
going maintenance, and any proposed cost sharing mechanisms acceptable to the
Department of Public Works between the property ownerldevelop and/or
Homeowners Association and the City of Anaheim.
3. That prior to approval of the final tract map, the property ownerldeveloper shall
demonstrate compliance with Conditions Nos. 4b,10, 19, 20, 22, 23, 25, 26, 27, 28,
39, 45, 46, 50, 53, 54, 56, 62 and 63 of the Mountain Park Specific Plan No. 90-4,
as set forth in Ordinance No. 5993:
4. That the property ownerldeveloper shall be held responsible for compliance with
the mitigation measures and for implementation of the project design features and
standard conditions identified in Mitigation Monitoring Program No. 137 in
compliance with Section 21081.6 of the Public Resources Code. Furthermore, the
property ownerldeveloper shall be responsible for any direct costs associated with
the monitoring and reporting required to ensure implementation of those mitigation
measures, project design features and: standard conditions identified in Mitigation
Monitoring Program No. 137:
5. That subject property shall be developed substantially in accordance with plans
and specifications submitted to the City of Anaheim by the applicant and which
plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and 5
through 11 and as conditioned herein.
6. That extensions for further time to complete said conditions may be granted in
accordance with Section 18.60.170 of the Anaheim Municipal.
7. That approval of this application constitutes approval of the proposed request only
to the extent that it complies with the Anaheim 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.
8. That timing for compliance with conditions of approval may be amended by the
Planning Director upon a showing of good cause provided (i) equivalent timing is
established that satisfies the original intent and purpose of the condition(s), (ii) the
modification complies with the Anaheim Municipal Code and (iii) the applicant has
demonstrated significant progress toward establishment of the use or approved
structure.
TTM17102_Excerpt
City of Anaheim
I~LAIVNING ®EI'ARTM~',l~'T
Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of
August 20, 2007.
4a. CEQA ENVIRONMENTAL IMPACT REPORT NO. 331 (PREVIOUSLY CERTIFIED)
4b. FINAL SITE PLAN NO. 2007-00007
4c. pEVELOPMENT AREA PLAN FOR DEVELOPMENT AREA 5
{MIS2007-00204)
4e. TENTATIVE TRACT MAP NO. 17102
4f. SPECIMEN TREE REMOVAL PERMIT NO. 2007-00003
Owner: Irvine Land Company, LLC., 550 Newport Center Drive, Newport Beach,
CA 92660
Agent: John Sherwood, Irvine Community Development Company, 550 Newport
Center Drive, Newport Beach, CA 92660
Location: This approximately 291-acre property is located east and southeast of
the southern terminus of Gypsum Canyon Road, and bordered on the
north by the Riverside Freeway (SR-91).
Actions: Final Site Plan No. 2007-00007 -Request for review and approval of a
final site plan for Development Area 5 of the Mountain Park Specific
Plan.
zuur-uuzu4f - rcequesr ror review anc approval or a ueveu
Plan for Development Area 5 of the Mountain Park Specific
Tentative Tract Mao No. 17102 -Request to establish 153 single-family
detached Tots, 8 Large-Lots for a maximum of 617 single-family detached
cluster units and 13 Large-Lots for a maximum of 825 single-family
attached units, a public water reservoir, three private parks and
associated streets and landscaping.
Specimen Tree Removal Permit No. 2007-00003 -Request for
review and approval of a specimen tree removal permit to remove
53 trees as part of the Mountain Park Master Specimen Tree
Removal Permit
ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and
MOTION CARRIED, that the Anaheim Planning Commission has reviewed the Project
Actions, and does hereby determine that based upon its independent review and
consideration of the previously-certified FEIR No. 331 and the evidence received at the public
hearing, that the previously certified EIR No. 331 is in compliance with CEQA and the State
and City CEQA Guidelines and are adequate to serve as the required environmental
documentation for the Project Actions and satisfy all the requirements of CEQA, and that no
further environmental documentation need be prepared for the Project Actions.
Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION
CARRIED, that the Anaheim Planning Commission does hereby approve Specimen Tree
Removal Permit No. 2007-00003 to remove 53 trees as part of the Mountain Park Master
200 South Anaheim Boulevard
P.O. Box 3222
Anaheim, Callfurnia 92803
w,vw.anaheim.net I TEL (714) 765-5139
Specimen Tree Removal Permit Development Area 5 of the Mountain Park Specific Plan ................
based on the findings that (a) Specimen Tree Removal Permit No. 2007-00003 is in
conformance with the Mountain Park Specific Plan No. 90-4, (b) that a reasonable and
practical development of the property on which the trees are located requires destruction of
the trees, (c) that the trees to be removed are located within the boundaries of the graded
areas identified in Appendix C, Conceptual Grading Plan, of the Mountain Park Specific Plan,
and (d) that trees shall be replaced in accordance with Code Section 18.112.070.040, and
subject to the following condition:
1. 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.12 and 13 (Impacted
Specimen Tree Plan and Tree Mitigation Plan).
SPT 2007-00003_Excerpt
Item No. 5
w
a
Y
Q
S
i
RS-2
I I
® - RCL S&57-6 ~ SMALL SHOP
9
3 DU EACH
CATHERINE DRIVE /I" I
R
K
CATALPA AVE
GLENOAKS
AVEN
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~~~
~
R""-0 ~
RCL 57-50.52 ~ r
CUP 405
® ®TOWNHOUSES ®
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~
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' Q
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4
l5 GG
~N-E(-S'~--~--~ ~
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U
t 1467
VAR 3387
RCL 56-59AB
Conditional Use Permit No. 2007-05201
~ ( RCL 96-5'751
v: SMALL SHOPa"
GG
RLL 63-fi4-13
RGL 59-60.22
VAR 1695
SMALL SHOPS
LL CUP alas
',UGPd9 LLP3)29
800695133 LUP 3193
VAR 3b9 nac
VAR 1019 I 1 9" ~~
VAR N20
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SR-59-10
GG RCL 53-54
~ RCL S&59-104 °Om V-1381
c RcLS3-sa-z7 ~,Nm
C CUP 2629 1j~an
CUP 1426 ua
O REST. &' >
~ GG RM-0
~ RCL 53-54-2 RCL B&90410
~ CUP 3267 RCL 53-54-27
~ VAR 4109
B
~ RIMEIJT
6
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RCL 5354-27 II
T-0
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r
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Fr' CUP 3728
RCL 69-fi0-B
CUP 1820
RGL 5354-27
ORNE THRU REST.
RCL 63-fi4-31 CUP 3709
RCL 59-60-06 VAR IB4BS
lR
L
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5
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GG
RCL fib-B6-23 RCL
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GG
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CUP 1487
SMALL SHOPS I
~~ 203' -bl
GG I
CUP 3576 1
a~52D1 CUP 754
zje AOJ waz 1
GG
RCL 2002-00062
RCL 60.61.07
(Res. of Int. to CO)
RCL 57-5652
T-CUP 2002.09632
CUP 2002-04568
CUP 3637
CUP 2762
CUP 2761
CUP 421
CUP 365
SMALL SHOPS
Requested By: MYOUNG JIN LEE AND JEE EUN LEE
1724 West Glenoaks Avenue
GG
RCL 54-556
RCL 53-54.27
CUP 3930
CUP 3033
CUP 3723
CUP 3763
CUP 3566
CUP 3756
VAR 1356
vAR lzez
PCN 2001-00007
PCN 2002.00006
ANAHEIM PLAZA pl
V
(NORTH)) f
h=' " Subject Property
Date: August 20, 2007
Scale: 1" = 200'
Q.S. No. 45
~o3ae
ua[e or Kenai rno[o:
July 2005
Conditional Use Permit No. 2007-05201
Requested By: MYOUNG JIN LEE AND JEE EUN LEE
1724 West Glenoaks Avenue
SuhjecY Properly
Date: August 20, 2007
Scale: 1" = 200'
Q.S. No. 45
19346
ITEM N®, 5
PLANNING C®MMISSI®N AGENDA REP®RT
200 S. Anaheim Blvd.
Suite#162
Anaheim, CA 92805
Teti (714) 765-5139
Fax: (714)765-5280
www.anafieim:ne[
City of Anaheim
PLANNING DEPARTMENT
DATE: AUGUST 20, 2007
FROM: PLANNING DIRECTOR
SUBJECTc CONDITIONAL USE PERMIT NO: 2007-05201
LOCATION: ' 1724 West Glenoaks Avenue.
APPLYCANT/PROPERTY OWNER: Myoung Jin Lee
REQUEST:
The applicant requests approval to permit a church in a retail center with waiver of
minimum number ofpazking spaces.
RECOMMENDATION•
Staff recommends that the Commission take the following actions:
(a) By motion,' approve a Categorical Exemption, Class 1.
(b) By resolution, approve Conditional Use Permit No. 2007-05201.
BACKGROUND:
This property is cunrently developed with a commercial retail center and is zoned
General Commercial (C-G). The General Plan designates this property and properties to
the north, east and south for Corridor Residential land uses'and theproperty to the west
for Medium Density Residential land uses.
PROPOSAL:
.The applicant proposes a 1,159 square foot church within a commercial retail center
The retail center consists of four units, three of which aze used by the County of Orange.
Department of Education for a tutoring facility. The fourth unit is a photo studio. The
church would occupy the photo studio unit which is currently operated by the applicant,
The applicant is not proposing to construct additional square footage..
The applicant has indicated that the church has 15 congregants and that church activities
will only occur on Sundays, from 9 a.m. to 4 p.m.
ANALYSIS:
This property was developed when zoning code standazds were different. The site in its
current condition appears :aged and could be improved. Because the land use on the site
would be intensified, staff is recommending that the applicant make improvements to the
property to bring it into greater conformance with Code requirements. Specifically, staff
CONDITIONAL USE PERMIT NO. 2007-05201
August 20, 2007 :
Page2of2
recommends that the applicant provide additional landscaping for the parking lot and -
work with the Public Works, Streets and Sanitation Division to construct a trash
enclosure at a suitable location.
The applicant is proposing a waiver of pazking requirements in conjunctidn with this
request. A study was prepared by the City's independent traffic and parking consulkant
based on parking counts taken for the tutoring facility on the property. The study used.
the city's, codesequirements for churches, since the proposed church does not have a
previous site from which to take counts. The pazking demand for the County facility.
..based on the analysis is 18 spaces Monday through Friday only, with no operation on the
weekends. The church requires 17 spaces per Code requirements and will only operate
on Sundays. Because the uses will operate on separate days, the parking provided would
be adequate if the uses continue to operate aYseparate times. Since the parking lot
provides 21 spaces, the City's independent traffic and parking consultant, acting on
behalf of the City, has determined that the number`of parking spaces provided would be
adequate to support the two uses. A condition of approval has been added to ensure that
the church and the adjacenttutoring facility do not operate at the same timer
The proposed church is compatible with the adjacent commercial and attached single-
familyusesand provides adequate parking to serve its congregation; therefore, staff
recommends anoroval of the project.
Respectfully submitted, Concurred by,
i ~ ~ t ~~C~ l~` ~ ~1lL~iL~, Y r~t/Y~~C/~ ~LGd~-~
;'
Acting Principal Planner Planning Director
Attachments•
1: Project Summary
2. Letter of Operation
P$®.iECT SLJIdIIVIAIBY
Conditional ilea Permit No. 2007-09201
iDevelo meat Standard Pro osed ~ro'eet C-G Sta®dards
Site Area 0.4 acre N/A
Pazkm 21 s aces* 35 s aces
Landscaping
Front 3 feet to 15 feet* 10 ft.
Side 8 feet* None
Reaz None* None
Building Setback
Front 58 feet* 10 ft.
Side None* None
Reaz 20 feet* None
Floor Area Ratio 0.32 N/A
Buildin Hei t 20 feet 20 ft.
* Bxisting setbacks,
[DRAFT]
RESOLUTION NO. PC2007--"*
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05201 BE GRANTED
(1724 WEST GLENOAKS AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real property situated in the City of Anaheim., County of Orange, State of California,
described as:
LEGAL DESCRIPTION TO BE INSERTED
Y
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on August 20, 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:
L That the proposed use, to permit a church within a commercial retail center, is properly one
for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.040.0402
(Community and Religious Assembly) with waiver of the following provision:.
(a) SECTION NO. 18.42.040.010 Minimum number of oarkino soaces.
35 required; 21 proposed).
2. That the waiver pertaining to parking, 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 because the
existing office use and the proposed church will have non-coincidental hours and days of operation.
3. That the parking waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposal because
adequate parking will be provided on the property..
4. That the parking waiver, under the conditions imposed, will not increase traffic congestion
within the off-street parking areas or lots provided for the proposed uses because adequate parking and
circulation is provided.
5. That the proposed church, 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 because the
church will provide adequate parking for it's uses.
6. 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,
7. That granting of this conditional use permit under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is
compatible with the surrounding area.
8. That "' indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subjectpetition.
Cr\PC2007- -1- PC2007-
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning staff has
determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301,
Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the
requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commisslon does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
health and safety of the Citizens of the City of Anaheim:
1. That a trash storage area shall be provided and maintained in a location acceptable to the Public Works
Department. Said storage areas shall be designed, located and screened so as not to be readily
identifiable from adjacent streets or highways.. The walls of the storage areas shall be protected from
graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines
planted on maximum three-foot centers or tall shrubbery. Said information shall be specifically shown
on the plans submitted for building permits.
2. That final landscape plans shall be submitted to the Planning Services Division for review and approval.
Said plans shall show minimum four (4) foot wide square (excluding curb) landscaped areas at the front
end of every five (5) parking spaces and that one tree shall be provided in each planter. Groundcover
shall be planted and maintained within landscape setbacks: The landscape material selected shall be
appropriate to the width of the planter area. Any decision made by the Planning Services Division
regarding said plan may be appealed to the Planning Commission as a "Reports and Recommendation"
item. Such information shall be specifically shown on the plans submitted for building permits.
Landscaping plans shall be subject to the approval by the Community Development Director.
Prior to final building and zoning tnsoections the following conditions shall be complied with:
3. That an Emergency Listing Card, Form APD-281 shall be completed and submitted in a completed form
to the Anaheim Police Department.
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 Nos. 1 and 2, and as conditioned herein.
General Conditions:
5. That the granting of the parking waiver is contingent upon operation of the use in conformance with the
assumptions and/or conclusions relating to the operation and intensity of use as contained in the
parking demand study that formed the basis for approval of said waiver. Exceeding, violating,
intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in the
parking demand study, shall be deemed a violation of the expressed conditions imposed upon said
waiver which shall subject this conditional use permit to termination or modification pursuant to the
provisions of Chapter 18.60 Procedures of the Anaheim Municipal Code.
6. That the hours of operation shall be limited to 9 a.m. to 4 p.m. on Sundays only. Any request to modify
the hours of operation must be submitted to the Planning Department as a request for modification of
conditions of approval
7. That all trash generated from this commercial retail center shall be properly contained in trash bins
located within approved trash enclosures. The number of bins shall be adequate and the trash pick-up
_2_ PC2007-
shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the
property. The Community Preservation Division of the Planning Department shall determine the need
for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-
up shall be paid by the business owner.
8. 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.
9. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that
it is removed, damaged, diseased and/or dead.
10. That 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.
11. That approval of this application constitutes approval of the proposed :request only to the extent that it
complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal
regulations. Approval does not include any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement.
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
August 20, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18:60, "Zoning
Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal.
CHAIRMAN; ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2007-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the fpregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on August 20, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2007:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-4- PC2007-
Attachment -Item Y~o. 5
C~°~a~i~n Korean Ghurc[h Parking t~sdy
1724 W. Glenoaks
Anaheim, Califiornia
Prepared for:
Prepared by:
i~a~~ ~
[, ~ssadai:eso 6~actr.
May, 2007
CUk~ N0. 2001 ° 0 5 2 0 1
Yable of Contents
Sect6on
Page
I. Introduction 1
2. Project Location 1
Figure 2.1 Location Map 1
3. Slte Description 2
A. Proposed Site 2
Figure 3.1 Site Layout 2
4. Parking Requirements per Municipal Code 3
5. Methodology 3
6. Analysis 3
7. Conclusions 3
8. Recommendations 4
9. Findings 4
Appendix A Parking Counts 6
Appendix B Site Photos 8
a iq ssocia s, nc. Creallan Koraen Church
1. Introduction -
The purpose of this parking study is to evaluate the parking demand for the proposed Creation
Korean Church, which anticipates occupying a 1,159 square foot suite in an existing three-suite
building. The address ofi the suite that the church is proposing to occupy is 1724 W. Glenoaks`.
This suite was formerly occupied by Baby Photo. The remaining tvdo suites of the building are
addressed as 1716 and 1720 W. Glenoaks, and are occupied by the County of Orange
Department of Education office. The County offices are open Monday through Friday. The
Creation Church intends to operate only on Sundays.
2. Project Location
The site is located on the south side of Glenoaks between Euclid and Fairhaven. The nearest
major cross street is La Palma Avenue and .Euclid Street. The site is approximately one mile
south of the SR-91 freeway. Glenoaks is a two lane local street with parking allowed on both
sides.
The site has one driveway on Glenoaks and another driveway to a private alley that serves
residential garages of a large apartment complex to the west of the site. This secondary site
driveway to the private alley has been permanently closed with posts and chains (see Appendix
B for site photos). The alley serving the residential garages is signed as private. A location map
is provided below.
Figure 2.1 'Location Btkap
The curbside parking along Glenoaks is used primarily by the residents and guests of the
adjacent apartment complex.
a q woa. s, nc. ~ Creation Korean Church
3. Site Description
A. Proposed Site
The proposed site for the Creation Korean Church is located at 1724 W. Glenoaks Avenue. The
parking lot is accessed via one driveway on Glenoaks Avenue. A former secondary driveway to
a private alley has been closed.
The building contains a iota) of 5,651 square feet. The portion being remodeled contains 504
square fleet of sanctuary, 396 square feet of office and 259 square feet of restrooms and
ancillary space. The County of Orange Department of Education office occupies 4,492 square
feet. They have approximately 8 employees. The parking lot for the entire site has 21 parking
spaces., two of which are painted as belonging to the former Baby Photo. Figure 3.1 depicts the
site layout.
Figure 3.1 Slte Layout
County of
Orange Dept. ~~,~
,
of Education
Offices j ~
i
emu, Hoatzm+ ''.~ ¢" Former Baby
~
~. ~~"~,,,~~ ! ns9+'t Fhoto suite
~ ..~........1,........ ~_ .~ ....~
+r i. ,.'.
Wnvnc s;
~~~' ~.
T~
(~ '!
h
nrnw .arm ew
~~
Secondary
@- driveway dosed
5~
~ ~ti
~~
•~• • WVVwwr Titlkl PXfN
a q some s, nc. p Creation Korean Churc
~O~Nd AKS AVENVE
4. Parking Requirements par the Municipal Code
A Tabulakion of the Code-Required Parking for the site, per the City's Municipal Code is
provided in Table 4.1; below.
Table 4.1 Code Required Peeking
TSF Land Use Parking rate Parking
Re wired
4.492. Coun of Oran e Offices 4/TSF 18
0.504 Church Sanctus 29ffSF 15
0.396 Church office 4/TSF 2
0.259 Restrooms and ancilla s ace N!A 0
5.651 Total Buildin size Total Re wired 35
S aces rovided 21
S aces short 14
The County of Orange Department of Education requires 18 parking spaces, and the church
requires 17 spaces, for a total of 35 spaces. The site provides 21 spaces, which is 14 spaces
short of the code-required parking.
5. Methodology
The code-required parking for the church (17 spaces from table 4.1, above) was used to
determine parking demand for the church use, since the church does not have a previous site at
which to take counts. Counts of the parkfng demand at the County offices were taken to
determine the weekday parking demand for the County offices, and to verify that the weekday
demand is within the 9 B spaces required by the City's code. Because the church will operate on
Sundays between 9 AM and 4 PM, and the County offices operate Monday through Friday, the
uses of the parking lot are non-coincident.. The church requires 17 spaces, which are available
on Sunday. The county requires 18 spaces, which are available on weekdays.
6. Analysis
The parking counts were taken by Southland Car Counters on Thursday April 27, 2007 between
9 AM and 7 PM and Sunday Aprii 29, 2007 between 9 AM and 4 PM, and are provided in
Appendix A. The highest observed count was 15 occupied spaces on Thursday. This parking
demand occurred at 11 AM, 1:30 PM and 2 PM. The County office has a parking demand less
than the code requirement of 18 spaces on weekdays. Thera will be a surplus of six spaces in
the existing parking lot, of which, three can be allocated or reserved for the Creation Korean
Church to use on weekdays...
7. Conclusions
Based on the .parking counts taken, the 21 space-parking lot is expected to be adequate for
both the existing County offices and the proposed church uses, if the church sanctuary is not
used on weekdays, and the County offices are not used on Sunday: The Creation Korean
Church will be able to use a minimum of three parking spaces for administrative office staff and
visitors during the week.
a q soaa es, nc. g CresUOn Koteen Ctiurch
8. Recommendations
The Creation Korean Ghurch should be conditioned to operate services in the sanctuary only on
weekends, and allow weekday use of a church office with minimal staffing. The "lease '
agreement should be prepared to allow the Creation Korean Church use of all of the 21 parking
spaces in 4he lot on weekends, and three spaces on weekdays.
The closure of the secondary driveway creates a "dead-end" situation. The applicant should
document that the closure of this driveway was done according to the City's standards, and with
the approval of the City and the Fire Department. The closure of this driveway, if allowed to
remain, should be shown on the plans.
9. Findings
Finding Number .0101 That the variance, under the cdnditions Imposed, if any, will not cause
fewer off-street parking spaces td be provided for the proposed use than the number of such
spaces necessary to accommodate all vehicles attributable to such .use under the normal and
reasonably foreseeable conditions of operation of such use.
The Creation Korean Church will be able to provide adequate parking onsite for its uses,
because the County Offices and the Creation Korean Church have non-coincidental
hours and days of operation.
Finding Number .0102 That the variance, under the cond/tions imposed, if any, will not
Increase the demand and competition for parking spaces upon the public streets in the
immediate vicinity of the proposed use.
The Creation Korean Church will provide adequate peeking onsite for its uses. Curbside
parking on Sundays on Glenoaks is primarily used by the residential development to the
west of this site, and is not available for overflow from the Creation Korean Church.
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 use (which property is not expressly provided as parking for
such use under an agreement in compliance with subsection 18.42.050.03D (Non-Resfdenflal
Uses- Exception).
The Creation Korean Church uvlll provide adequate parking onsite. Overflow parking will
not occur upon adjacent private properly.
Finding Number .0104 That the variance, under the conditions Imposed, ff any, will not
increase traffic congestion within the off-street parking areas or lots provided for the proposed
use.
The Creation Korean Church will provide sufficient parking orosite for Its uses. No
congestion within 4he parking areas will occur.
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.
a q soc a s, nc. q Creation Korean Church
The Creation Korean Church will provide sufficient parking That will ensure that
parishioners" vehicles will not block Ingress/egress between adjacent properties and the
public streets. Special notice should be provided to all parishioners and members of the
Greation Korean Church not to use the alley tha4 is marked private, Immediately west of
the site.
q o e es, nc. g Creatlon Korean Church
Appendix A
Parking Counts
a q soGa s, nc. g Craalion Korean Churc
Project# 07-1121-001 Day: Thursday
L.ocat[on: 1724 W. Glenoaks Ave. Date: 4/26/2007
City: Anaheim
Appendix A
Parking Counts Continued
Projects 07-1121-OQ1 Day: Sunday
Location: 1724 W. Glenoaks Ave. Date: 4!29/07
City: Anaheim
a q oce s, nc. ~ CreatianKaraen Church
Appendix i3
Site Photos
View of the e
is
driveway
Vlew of the ng can be
seen. These photos were taken on a Sunday, when curbside park[ng along W. Glenoaks was
observed to be nearly completely occupied befween Euclid and Fairhaven.
iq soaa es; ne. g Creation ISeraen Chu
suite proposed 4o be used by the Creation Korean Church
e iq oaa s, no. 6 Creation Korean Church
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Conditional Use Permit No. 2004-04917
TRACKING NO. CUP2007-05238
Requested By: FRONT PORCH
691 South Walnut Street
6P 92-2
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Subject Property
Date: August 20, 2007
Scale: 1" = 200'
Q.S. No. 64
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Conditional Use Permit No. 2004-04917
TRACKING NO. CUP2007-05238
Requested By: FRONT PORCH
Subject Property
Date: August 20, 2007
Scale: 1" = 200'
O.S. No. 64
891 South Walnut Street
10345
ITEM N0. 6
200 S. Anaheim Blvd.
State#162
Anaheim, CA 92805
Tel: (714) 765.5139
Fax: (714) 765-5280
www.anaheim.net
PLANNING COMMISSION AGENDA REPORT
City of Anaheim
PLANNING DEPARTMENT
DATE: AUGUST 20 2007
FROM: PLANNING DIRECTOR
SUBJECT: CONDITIONAL USE PERMIT NO. 2004-04917
(TRACKING NOi CUP2007-05238)
LOCATION: 891 South Walnut Street
APPLICANT/PROPERTY OWNER: Front Porch -Walnut Manor
REQUEST:
The applicant requests modification to conditions of approval and exhibits to construct
an additional five units for a`previously-approved senior apartment complex.
RECOMMENDATION: Staff recommends that the Commission take the following
actions:
(a) By motion, approve a CEQA Negative Declazation (previously-approved).
(b) By resolution, approve the amendment to Conditional Use Permit No. 2004-
04917.
BACKGROUND:
This property is currently under demolition and reconstruction for the Walnut Manor
Retirement Community: The property is zoned Multiple Family Residential (RM-4).
The General Plan designates this property'and properties to the north, east and south for
Low Density Residential land uses and the property to the west for Medium Density
Residential land uses.
The property was developed`with senior apartments, a skilled nursing facility and a
chapel. A conditional use permit was approved in 2004 to demolish the existing senior
apartments and establish a 151-unit senior citizen's apartment retirement community
including independent living, assisted living, and the retention of an existing 99-bed
skilled nursing facility and chapel: A retroactive time extension was granted. in 2006 to
comply with conditions of approval. Demolition of the existing apartments began in
2006 and a building permit was issued in August 2007.
PROPOSAL:
The applicant is requesting a modification to the approved floor plans. The applicant
would like to eliminate four, 2-bedroom unitsand six, 3-bedroom units, and add fifteen
1-bedroom units. The proposal would also include the removal of some exercise rooms
CONDITIONAL USE PERMIT N0.2004-04917
August 20, 2007.
and a reading room to accommodate the 1-bedroom units. The proposed modification to
the floor plans would consist of tenant improvements only.. No additional square footage
is proposed.
ANALYSIS: The elimination of the 2-bedroom and 3-bedroom units and replacement
with I-bedroom units is a reduction in the intensity of the use. Code requires more.
parking for the multiple bedroom units than the single bedroom units. The change in
unit types would result in a decrease in parking demand by 11 spaces. The proposal
includes the removal of exercise and reading rooms. Although this will reduce the.
amount of recreation and leisure space, the property as a whole will continue to provide
more than twice the Code required amount of recreation and leisure area: Therefore,.
staff recommends approval of the project, as conditioned in the attached draft resolution.
Respectfully submitted, Concurred by,
~~~
Acting Principal Planner Planning Director
Attachments:
1. Project Summary
2. Original Planning Commission Resolution
PR®JEC1' SUINIIVIAR~'
Conditional iJse Permik No. 2004-04917
I)evelo ueenk Standard Pro osed Pro'ect [last zoned Skandards
Site Area 7.7 acres N/A
Pazking 242 s aces * 419 s aces
Landscaping
Front
Side (adjacent to 15-20 $.* 20 ft.
Walnut Street) 5-10 ft.* 20 ft.
Rear 7.5 ft.* 10 ft.
Building Setback
Front 15-20 ft.* 20 ft.
Side 5-10 ft.* 20 ft.
Reaz 7.5 ft.* 10 ft.
Lot Coverage ' 45% 45%
Buildin Hei t 34 to 50 ft. * 25 to 42.5 ft.
* Approved waivers under CUP2004-04917.
(®R,~F~
.RESOLUTION NO. PC2007--"'
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION.
AMENDING CONDITIONAL USE PERMIT NO. 2004-04917
AND CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2004-131,
ADOPTED THEREWITH
(TRACKING NO. CUP2007-05238).
(891 SOUTH WALNUT STREET)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California;
described as
PARCEL A
PARCEL 1 OF PARCEL MAP NO. 87-237, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER FILED IN BOOK 225, PAGES 34 AND 35
OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
WHEREAS, on November 1, 2004, the Anaheim Planning Commission, by its Resolution
No. PC2004-131 approved Conditional Use Permit No. 2004-04917 to establish a 151-unit senior citizen's
apartment retirement community including independent living, assisted living, memory impairment and
various recreation facilities for senior citizens and retain an existing 99-bed skilled nursing facility and chapel
with waiver of minimum structural setback and landscape setback adjacent to a single family zone, minimum
number of parking spaces, maximum fence height, .maximum structural height and minimum floor area per
dwelling unit; and
WHEREAS, on February 6, 2006, the Anaheim Planning Commission, by its Motion
approved a request for a time extension to comply with conditions of approval for a previously approved 151-
unitsenior citizen's apartment retirement community including independent living, assisted living, memory
impairment and various recreation facilities for senior citizens and retain an existing 99-bed skilled nursing
facility and chapel with waivers; and
WHEREAS, said Resolution No. PC2004-131 includes the following condition of approval
"43. That subject property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are
on file with the Planning Department marked Exhibit Nos. 1 through 30 as
conditioned herein "
WHEREAS, this property is currently developed with a 99-bed skilled nursing facility and
chapel; that the facility is zoned Multiple-Family Residential (RM-4); and the Anaheim General Plan ,
designates this property for Low Density Residentiallahd uses; and
WHEREAS, the applicant has requested amendment of this conditional use permit to amend
exhibits to construct an additional five units for apreviously-approved senior apartment complex, pursuant to
Code Section 18.06.030.0404.0402 (Senior Citizen Housing) of the Anaheim Municipal Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim qn August 20, 2007, at 2:30 p.m., notice of said public hearing having been duly given as
required by law and in accordance with the previsions 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
Cr\PC2007-0 -1- PC2007-
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the proposal to amend exhibits to construct an additional five units for apreviously-
approved senior apartment complex is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section No. 18.06.030.010 (Senior Citizen Housing).
2. That the proposed additional five, one bedroom units, 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 because the site was previously approved with a similar land use with no adverse affects to
adjoining land uses.
3. That the size and shape of the site for the senior citizen housing 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.
4. 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.
5. That "' indicated their presence at sa"id public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to construct an additional five units for apreviously-approved senior
apartment complex and does hereby find that the Mitigated Negative Declaration :previously approved in
connection with Conditional Use Permit No. 2004-04917 is adequate to serve as the required environmental
documentation in connection with this request.
NOW, THEREFORE, BE tT RESOLVED that the Anaheim Planning Commission for the.
reasons hereinabove stated does hereby amend and approve Conditional Use Permit No. 2004-04917
(Tracking No. CUP2007-05238) to amend exhibits to construct an additional five units for apreviously-
approved senior apartment complex:
BE IT FURTHER RESOLVED that Anaheim Planning Commission does hereby amend the
conditions of approval of Resolution No. PC2004-131, pertaining to Conditional Use Permit No. 2004-04917,
as follows:
Modified conditions in bold.
1. That an Encroachment License for the 6-foot high wrought iron fence along Walnut Street shall be
obtained from the Public Works Department:
2. That a minimum 6-foot high block wall shall be installed along the north property line abutting the
single-family residential zone boundary. Said block wall shall be planted with clinging vines on the
south side in order to reduce graffiti opportunities. Said information shall be specifically shown on
plans submitted for building permits.
3. That all driveways shall be constructed with ten (10) foot radius curti 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.
_2_ PC2007-
4. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 610
and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division.
The turn-around area shall be provided through each construction phase of the project. Said
turn-around area shall be specifically shown on plans submitted for building permits.
5. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works
Department, Streets and Sanitation Division and in accordance with approved plans on file with said
Department. Said information shall be specifically shown on plans submitted for building permits.
6. 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
7. That a comprehensive solid waste management program shall be submitted to the Public Works
Department, Streets and Sanitation Division.
8. That any existing driveway approaches on Ball Road or Walnut Street that are being closed shall be
replaced with curb, gutter, parkway landscaping and sidewalk. All proposed new driveways on Ball
Road and Walnut Street shall conform with Public Works Standard Detail No. 115-A. Said information
shall be specifically shown on plans submitted for building permits.
9. That the existing buildings (except the Chapel and 99 Bed Skilled Nursing Facility) on the property shall be
demolished. The legal property owner shall obtain a demolition permit from the Building Division.
10. That all backflow equipment shall be located 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 comply with current standards. Any other large water system equipment shall be installed to the
satisfaction of the Water Engineering Division outside of the street setback areas in a manner 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.
11. That since this project has a common landscaping area exceeding 2,500 square feet, 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.
12. That prior to application for water meters, fire line or submitting the water improvement plans for
approval, the developer/owner shall submit to the Public Utilities Water Engineering Division an
estimate of the maximum fire flaw rate and maximum day and peak hour water demands for the
project.. This information will be used to determine the adequacy of the existing water system to
.provide the estimated water demands.
13. That address number shall be position so as to be readily readable from the street. Minimum number
height of 12 inches recommended. Numbers should be illuminated during hours of darkness. Said
information shall be specifically shown on plans submitted for building permits. ,
14. That 4 foot high rooftop numbers shall be placed on the roof in a contrasting color to the roofing
material and shall not be visible from adjacent public streets. Said information shall be specifically
shown on plans submitted for building permits.
15. That adequate lighting of parking lots, shipping and receiving areas, circulation areas, aisles,
passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of
sufficient wattage to provide adequate illumination to make clearly visible the presence of any person
on or about the premises during the hours of darkness and provide a safe, secure environment for all
persons, property and vehicles on-site. Said information shall be specifically shown on plans
submitted for building permits.
-3- PC2007-
16. 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.
Prior to issuance of a grading permit, the following conditions shall be complied with:
17. That prior to grading plan approval, the applicant shall demonstrate that coverage has been obtained
under California's General Permit for Stormwater Discharges Associated with Construction Activity by
providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board
.and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDI)
Number. The applicant shall prepare and implement a Stormwater:Pollution Prevention Plan
(SW PPP). A copy of the current SWPPP shall be kept at the project site and be available for City
review on request.
18. That prior to grading plan approval, the applicant shall submit a Drainage Study prepared by a
registered professional Civil Engineer in the State of California. The Study shall be based upon and
reference the latest edition of the Orange County Hydrology Manual the applicable City of Anaheim
Master Plan of Drainage for the project area. All drainage sub-area boundaries per the Master Plan for
Drainage shall be maintained. The Study shall include: an analysis of 10-, 25- and 100-year storm
frequencies; an analysis of all drainage .impacts to the existing storm drain system based upon the
ultimate project build-out condition; and address whether off-site and/ or on-site drainage
improvements (such as detention/ retention basins or surface runoff reduction) will be required to
prevent downstream properties from becoming flooded.
19. That the City of Anaheim Sewer Impact Mitigation fee for the Old. Town/Basin 8 Area shall be paid. The
mitigation fee is cunently $1,706/unit for multi-family developments.
20. That prior to the issuance of grading permit, the applicant shall submit to the Public Works Department
Development Services Division for review and approval a Water Quality Management Plan that:
• Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas,
maximizing permeability,. minimizing directly connected impervious areas, creating reduced or "zero
discharge" areas, and conserving natural areas:
• Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area
Management Plan.
• Incorporates Treatment Gontrol BMPs as defined in the DAMP:
• Describes the long-term operation and maintenance requirements for the Treatment Control BMPs.
• Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment
Control BMPs, and
• Describes the mechanism for funding the long-term operation and maintenance of the Treatment
Control BMPs:
Prior to final building and zoning inspections the following conditions shall be complied with:
21. That subject property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file
with the Planning Department marked Exhibit Nos. 1 through 30 (Revision No. 1 to Exhibits 5, 6,
and 7) as conditioned herein.
22. That plans shall be submitted to the City Traffic and Transportation Manager for his review and
approval showing conformance with the current version of Engineering Standard Plan Nos. 436 and
470 pertaining to parking standards and driveway locations. Subject property shall thereupon be
developed and maintained in conformance with said plans.
~_ PC2007-
23. That final landscape and irrigation plans shall be submitted to the'Planning Services Division for review
and approval. Said plans shall show minimum 24-inch box size evergreen trees on maximum 20 foot
centers along the north property line. Any decision made by the Planning Services Division regarding..,.....
said plan may be appealed to the Planning Commission as a Reports and Recommendations item. All
trees shall be property and professionally maintained to ensure mature, healthy growth.
24. That a final detailed signage program (revising Exhibit No. 29) indicating sign types and location shall
be submitted to the Planning Service Division for review and approval. Freestanding signs visible to
the public right-of-way shall be limited to one (1) 20 square foot identification sign per frontage. Any
decision made by the Planning Services Division regarding said sign program may be appealed to the
Planning Commission as a Reports and Recommendations item..
25. That all air-conditioning facilities and other ground-mounted equipment shall be properly shielded from
view and the sound buffered from adjacent residential properties. Such information shall be
specifically shown on the plans submitted for building permits.
26. That the existing public utilities easement shall be abandoned. An abandonment application, copy of
recorded easement, Grand Deed or Title Report, and sketch of the area to be abandoned shall be
submitted to;the Real Property Section of the Public Works Department.
27. That the developer shall submit landscape and irrigation plans for the public parkway along Walnut
Street. The plans shall be included in the street improvement plans and shall be approved by the
Planning and Public Works Departments...
28. That the legal property owner shall irrevocably offer to dedicate an easement to the City of Anaheim for
a corner cutoff at the Walnut Street and Ball Road intersection..
29. That the City of Anaheim Drainage Impact and Improvement Fee for the South Central Area shall be
paid. The fee is currently $16,312 per acre.
30. That water improvement plans shall be submitted to the Water Engineering Division for approval and a
performance bond in the amount approved by the City Engineer and City Attorney shall be posted with
the City of Anaheim.
Prior to Occuaancv of the Facility:
31. That prior to occupancy of the facility the developer shall submit street improvement plans to the Public
Works Department, Development Services Division to improve Walnut Street (Secondary with a bike
lane and a 45-foot Y: width) in conformance with Public Works Standard Detail 160-A, Walnut Street
shall be widened 15 feet per Standard Detail 160-A (existing 20-feet between centerline and curb, 35-
feet required). A 5-foot wide parkway landscaping strip and 5-foot wide sidewalk shall be constructed
with the parkway irrigation connected to the on-site irrigation system and maintained by the property
owner. No additional right-of-way dedication is required. A bond shall be posted in an amount
approved by the City Engineer and a form approved by the City Attorney prior to issuance of a building
permit. ARight-of--Way Construction Permit shall be obtained from the Development Services Division
for all work performed in the right-of-way. The improvements shall be constructed prior to the
certificate of occupancy.
32. ,That prior to issuance of certificate of occupancy, the applicant shall;
• Demonstrate that all structural BMPs described in the Project WOMP have :been constructed and
installed in conformance with approved plans and specifications,
• Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the
Project WQMP,
-5- PC2007-
• Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite,
and
• Submit for review and approval by the City an Operation and Maintenance Plan for all structural
BMPs.
General Conditions:
33. 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.
34. That the two guest units shall not be used as primary residences.
35. That the ancillary support services for the residents shall only be used for residence, their guest and
persons employed at this facility,
36. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
37. That any required relocation of City electrical facilities shall be at the developer's expense including the
existing electrical power poles located along the north property line. That landscape andlor hardscape
screening of all pad-mounted equipment shall be required and shall be shown on plans submitted for
building permits.
38. 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.
39. That the property shall be permanently maintained in an orderly fashion by providing regular landscape
maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time
of occurrence.
40. That all plumbing or other similar pipes and fixtures located on the exterior of the buildings shall be
fully screened by architectural devices and/or appropriate building materials. Said information shall be
specifically shown on the plans submitted for building permits.
41. That all existing water services and fire lines shall conform to current Water Services Standards
Specifications. Any water service andlor 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
ownerldeveloper shall be responsible for the costs to upgrade or to abandon any water service or fire line.
42. That the developer shall be responsible for compliance with all mitigation measures within the
assigned time frames and any direct costs associated with the attached Mitigation Monitoring Program
tJo. 125 as established by the Ciry of Anaheim and as required by Section 21081.6 of the Public
Resources Code to ensure implementation of those identified mitigation measures.
43. 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
44. Extensions for further time to complete conditions of approval may be granted in accordance with
Section 18.60.170 of the Anaheim Municipal.
-6- PC2007-
45. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal
regulations. Approval does not include any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that, except as amended herein, Resolution No. 2004-131
shall remain in full force and effect.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and
all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared
invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
August 20, 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 August 20, 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. 6
RESOLUTION NO. PC2004-131
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0.2004-04917 BE GRANTED, IN PART
(891 SOUTH WALNUT STREET)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
PARCEL A: PARCEL 1 FO PARCEL MAP NO. 87-237, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER FILED IN BOOK 225, PAGES 34
AND 35 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on November 1, 2004, at 2:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code,
Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section Nos. 18.06.160.030.0402 and 18.50 to construct a 151-unit senior citizen's
apartment retirement community including independent living, assisted living, memory impairment and
various recreational facilities for senior citizens (Walnut Village) and to retain an existing 99-bed skilled
nursing facility and chapel with waiver of the following:.
(a) SECTION NO. 18.06.080.010 - Maximum lot coverage
(DELETED).
(b) SECTION NO. 18.06.090.0101- Minimum structural and landscaped
setback adiacent to Ball Road and Walnut
Street (20-foot widefully setback.
landscaped required; 15 to 20 feet
proposed for Ball Road and 5 to 10 feet
proposed for Walnut Street)
(c) SECTION NO. 18.06.090.040- Minimum landscaped setback adiacent to a
single-family residential zone
10-foot fully landscaped setback required;
7.5 foot proposed).
(d) SECTION NOS. 18.42.030:0201 AND Minimum number of parking
18.42.40.10. spaces
4( 19 required; 242 proposed).:.
(e) SECTION NO. 16.44.070 - (Maximum number of freestanding signsl
{DELETED)
(f) SECTION NO. 18.46.110.030 - Maximum fence height adiacent to Ball
Road and Walnut Street
Cr\PC2004-131 -1- PC2004-131
(3-foot high fence permitted within required
front yard setback; 6-foot high wrought iron
fence proposed
(g) SECTION NO. 18.50.040 - Maximum structural height
(25 to 42.5 foot high building permitted with
a setback of 50 to 85 feet from single-family
residential zone required; 34 [0 50-foot high
building with a setback of 50 to 85 feet from
a single-family residential zone proposed)
(h) SECTION NO. 18.50.040.040.0401 Minimum floor area per dwelling unit
(400 square feet required per bachelor unit;
335 square feet proposed for 2 guest units)
2. That the proposed use will not adversely affect the adjoining land uses or the growth and
development of the area in which it is proposed to be located as staff believes the proposed project is
compatible with existing and surrounding land uses and that the deviations from Code would achieve a good
project design to enhance the livability for residents within the project, and create a ,project that is compatible
and consistent with surrounding land uses. The proposed use would not adversely affect the adjoining land
uses and the growth and development of the area in which it is proposed and because the size and shape of
the site for the proposed use is adequate to allow the full development of the proposed use in a manner not
detrimental to the particular area.
3. That the size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area or to the health and
safety.
4: That as demonstrated by the parking study submitted by the applicant, that the traffio
generated by the proposed use will not impose an undue burden upon the streets and highways designed
and improved to carry the traffic in the area as the proposed project would contain 68 more parking spaces
than currently exists on the property and the number of units have been increased by only 18 units.
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 no one indicated theirpresence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition. One person was present in support of the
proposal, but expressed concerns related to parking.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Planning Commission
has reviewed the proposal to establish a 151-unit (advertised as 156-unit) senior citizen's apartment
retirement community including independent living, .assisted living, memory. impairment and various
recreational facilities for senior citizens (Walnut Village) and retaining an existing 99-bed skilled nursing
facility and chapel, mitigation measures have been identified in the Negative Declaration and .Mitigation
Monitoring Plan No.125 for the project: Therefore, staff recommends that a Mitigated Negative Declaration
be approved upon a finding by the Commission that the declaration reflects the independentjudgment of the
lead agency; and that it has considered the proposed Mitigated Negative Declaration together with any
comments received during the public review process and further finding on the basis of the Initial Study that
there is no substantial evidence, with the imposition of mitigation measures, that the project will have a
significant effect on the environment. Commission may wish to note that the mitigation measures identified
and incorporated Into this Negative Declaration are subject to the monitoring/reporting program as set forth
by Section 21081.6 of the Public Resources Code.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant, ih part, subject Petition for Conditional Use Permit, upon the following conditions which are
hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve
the safety and general welfare of the Citizens of the City of Anaheim:
-2- PC2004-131
1. That the developer shall be responsible for compliance with all ritigation measures within the
assigned time frames and any direct costs associated with the attached Mitigation Monitoring Program
No. 125 as established by the City of Anaheim and as required by Section 21081.6 of the Public
Resources Code to ensure implementation of those identified mitigation measures.
2. That final landscape and irrigation plans shall be submitted to the Planning Services Division for review
and approval. Said plans shall show minimum 24-inch box size evergreen trees on maximum 20 foot
centers along the north property line. Any decision made by the Planning Services Division-regarding
said plan may be appealed to the Planning Commission as a Reports and Recommendations item. All
trees shall be properly and professionally maintained to ensure mature, healthy growth.
3. That an Encroachment License for the 6-foot high wrought iron fence along Walnut Street shall be
obtained from the Public Works Department.
4. That final building elevation plans, a colors and materials board., and street presentation plans,
showing building articulation and architectural embellishments for all elevations, shall be submitted to
the Planning Services Division for review and approval. Any decision made by the Planning Services
Division regarding said plan may be appealed to the Planning Commission as a Reports and
Recommendations item.
5. That a final detailed signage program (revising Exhibit No. 29) indicating sign types and location shall
be submitted to the Planning Service Division for review and approval. Freestanding signs visible to
the public right-of-way shall be limited to one (1) 20 square foot identification sign per frontage. Any
decision made by the Planning Services Division regarding said sign program may be appealed to the
Planning Commission as a Reports and Recommendations item:
6. That all air-conditioning facilities and other ground-mounted equipment shall be properly shielded from
view and the sound buffered from adjacent residential properties. Such information shall be
specifically shown on the plans submitted for building permits.
7. That a minimum 6-foot high block wall shall be installed along the north properly line abutting the
single-family residential zone boundary. Said block wall shall be planted with clinging vines on the
south side in order to reduce graffiti opportunities. Said information shall be specifically shown on
plans submitted for building permits.
8. That all plumbing or other similar pipes and fixtures located on the exterior of the buildings shall be
fully screened by architectural devices and/or appropriate building materials. Said information shall be
specifically shown on the plans submitted for building permits.
9. That the property shall be permanently maintained in an orderly fashion by providing regular landscape
maintenance, removal of trash or debris., and removal of graffiti within twenty-four (24) hours from time
of occurrence.
10. That property owner shall submit a letter requesting termination of Conditional Use Permit Nos. 3135
(to permit a child day care center), 1861 (to expand a retirement home) and 200 (to permit a home for
the aged) to the Planning Services Division.
11. 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.
12. That the locations for future above-ground utility devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on
plans submitted for building permits. Plans shall also identify the specific screening treatments of each
device (i.e. landscape screening, color of walls, materials, identifiers, .access points, etc.) and shall be
subject to the review and approval of the appropriate City departments.
13. That any required relocation of City electrical facilities shall be at the developer's expense including the
existing electrical power poles located along the north property line. That landscape and/or hardscape
-3- PC2004-131
screening of all pad-mounted equipment shall be required and shall be shown on plans submitted for
building permits.
14. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
15. That plans shall be submitted to the City Traffic and Transportation Manager for his review and
approval showing conformance with the current version of Engineering Standard Plan Nos. 436 and
47p pertaining to parking standards and driveway locations. Subject property shall thereupon be
developed and maintained in conformance with said plans.
16. 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.
17. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 610
and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division.
The tum-around area shall be provided through each construction phase of the project. Said
turn-around area shall be specifically shown on planssubmitted for building permits.
18. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works
Department, Streets and Sanitation Division and in accordance with approved plans on file with said
Department. Said information shall be specifically shown on plans submitted for building permits.
19. 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.
20. That a comprehensive solid waste management program shall be submitted to the Public Works
Department, Streets and Sanitation Division.
21. That the developer shall submit street improvement plans to the Public Works Department, Development
Services Division to improve Walnut SVeet (Secondary with a bike lane and a 45-foot '/z width) in
conformance with Public Works Standard Detail 160-A. Walnut Street shall be widened 15 feet per
Standard Detail 160-A (existing 20.feet between centerline and curb, 35-feet required): A 5-foot wide
parkway landscaping strip and 5-foot wide sidewalk shall be constructed with the parkway irrigation
connected to the on-site irrigation system and maintained by the property owner. No additional right-of-
way dedication is required. A bond shall be posted in an amount approved by the City Engineer and a
form approved by the City Attorney prior to issuance of a building permit. A Right-of-Way Construction
Permit shall be obtained from the Development Services Division for all work pertormed in the right-of-
way. The improvements shall be constructed prior to the certificate of occupancy.
22. That the existing public utilities easement shall be abandoned. An abandonment application, copy of
recorded easement, Grand Deed or Title Report, and sketch of the area to be abandoned shall be
submitted to the Real Property Section of the Public Works Department.
23. That prior to grading plan approval, the applicant shall demonstrate that coverage has been obtained
under California's General Permit for Stonnwater Discharges Associated with Construction Activity by
providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources ConVol Board and a
copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDI) Number.
The applicant shall prepare and implement a Stonnwater Pollution Prevention Plan (SWPPP). A copy of
the current SWPPP shall be kept at the project site and be available for City review on request.
24. That prior to grading plan approval, the applicant shall submit a Drainage Study prepared by a registered
professional Civil Engineer in the State of California. The Study shall be based upon and reference the
latest edition of the Orange County Hydrology Manual the applicable City of Anaheim Master Plan of
Drainage for the project area. All drainage sub-area boundaries per the Master Plan for Drainage shall be
maintained. The Study shall include: an analysis of 10-, 25-and 100-year storm frequencies; an analysis of
all drainage impacts to the existing stone drain system based upon the ultimate project build-out condition;
and address whether off-site and/ or on-site drainage Improvements (such as detention! retention basins or
surface runoff reduction) will be required to prevent downstream properties from becoming flooded.
-4- PC2004-131
25. That the City of Anaheim Sewer Impact Mitigation fee for the Old Town/Basin 8 Area shall be paid. The
mitigation fee is currently $1,706/untformulti-family developments.
26. That prior to the issuance of grading permit, the applicant shall submit to the Public Works Department
Development Services Division for review and approval a Water Quality Management Plan that:
• Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas,
maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero
discharge" areas, and conserving natural areas.
• Incorporates the appl(cable Routine Source Control BMPs as defined in the Drainage Area
Management Plan:
• Incorporates Treatment Control BMPs as defined in the DAMP.
• Describes the long-term operetion and maintenance requirements for the Treatment Contrdl 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.
27. That prior to issuance of certificate of occupancy, the applicant shall
• Demonstrate that all structural BMPs described ih the Project WQMP have been constructed and
installed in conformance with approved plans and specifications,
• Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the
Project WQMP,
• Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite,
and
• Submit for review and approval by the City an Operation and Maintenance Plan for all sWctural
BMPs.
28. That the developer shall submit landscape and irrigation plans for the public parkway along Walnut
Street. The plans shall be included in the street improvement plans. and shall be approved by the
Planning and Public Works Departments.
29. That the legal property owner shall irrevocably offer to dedicate an easement to the City of Anaheim for
a comer cutoff at the Walnut Street and Ball Road intersection.
30. That any existing driveway approaches on Bali Road or Walnut Street that are being closed shall be
replaced with curb, gutter, parkway landscaping and sidewalk. All proposed new driveways on Ball
Road and Walnut Street shall conform with Public Works Standard Detail No. 115-A. Said information
shall be specifically shown on plans submitted for building permits.
31. That the City of Anaheim Drainage Impact and Improvement :Fee for the South Central Area shall be
paid. The fee is currently $16,312 per acre. ,
32. That the existing buildings (except the Chapel and 99 Bed Skilled Nursing Facility) on the property shall be
demolished. The legal property owner shall obtain a demolition permit from the Building Division.
33. That all backflow equipment shall be located above ground outside df the street setback area in a
manner fully screened from all public streets. Any backflow assemblies currently installed in a vault
shall comply with current standards. Any other large water system equipment shall be installed to the
satisfaction of the Water Engineering Division outside of the street setback areas In a manner fully
screened from all public streets and alleys. Said information shall be shown on plans arid approved by
Water Engineering and Cross Connection Control Inspector before submittal for building permits.
34. That since this project has a common landscaping area exceeding 2,500 square feet, a separate
irzigation 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.
-5- PC2004-131
35. That all existing water services and fire lines shall conform to current Water Services Standards
Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if
continued use is necessary or abandoned if the existing service is no longer needed. The
ownerldevelopersholl be responsible for the costs to upgrade or to abandon any water service or fire line.
36. That water improvement plans shall be submitted to the Water Engineering Division for approval and a
performance bond in the amount approved by the City Engineer and City Attorney shall be posted with
the City of Anaheim. ,
37. That prior to application for water meters, fire line or submitting the water improvement plans for
approval, the developerlowner shall submit to the Public Utilities Water Engineering Division an
estimate of the maximum fire flow rate and maximum day and peak hour water demands for the
project. This information will be used to determine the adequacy of the existing water system to
provide the estimated water demands.
38. That address number shall be position so as lobe readily readable from the street. Minimum number
height of 12 inches recommended. Numbers should be Illuminated during hours of darkness. Said
information shall tie specificallyshown on plans submitted for building permits.
39. That 4 foot high rooftop numbers shall be placed on the roof in a contrasting color to the roofing
material and shall not be visible from adjacent public streets. Said information shall be specifically
shown on plans submitted for building permits.
40. That adequate lighting of parking lots, shipping and receiving areas; circulation areas, aisles,
passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of
sufficient wattage to provide adequate illumination to make cleady visible the presence of any person
on or about the premises during the hours of darkness and provide a safe, secure environment for all
persons, property and vehicles on-site. Said information shall be specifically shown on plans
submitted for building permits.
41. That the two guest units shall not be used as primary residences.
42: That the ancillary support services for the residents shall only be used for residence, their guest and
persons employed at this facility.
43. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 30 as conditioned herein.
44. That prior to issuance of a grading plan, Conditions Nos. 23, 24, 26 and 45, above-mentioned, shall be
complied with:
45. That prior to occupancy of the facility Condition Nos. 21 and 27, above-mentioned, shall be complied
with:
46. That pdor to issuance of a building permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 2, 3, 4; 5, 6, 7, 8, 9, 10, 15; i6, 17, 18, 19, 20, 21, 22,
23, 24, 25, 26, 28, 29, 30; 31; 32, 33, 34, 35; 36; 37, 38, 39 and 40, above-mentioned, shall be
complied with. Extensions for further time to complete said conditions may be granted in accordance
with Section 18.03.090 of the Anaheim Municipal Code:
47. That pdor to final building and zoning inspections, Condition Nos. 27 and 43, above-mentioned, shall
be complied with:
48. That approval df 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 orrequiremenf.
-6- PC2004131
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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 1, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal.
(ORIGINAL SIGNED BY GAIL EASTMAN)
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
(ORIGINAL SIGNED BY PAT CHANDLER)
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, 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
November 1, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, ROMERQ VANDERBILT-LINARES, VELAZOUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLORES
ABSTAIN: COMMISSIONERS: O'CONNELL
IN WITNESS WHEREOF, I have hereunto set my hand this day of
.2004.
(ORIGINAL SIGNED BY PAT CHANDLER)
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
7- PC2004-131
Item No. r
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Conditional Use Permit No. 2006-05104
TRACKING NO. CUP 2007-05235
Requested By: SERVITE HIGH SCHOOL
1952 West La Palma Avenue - Servite High School
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Date: August 20, 2007
Scale: 1" = 300'
Q.S. No. 45
uate otnenai rnoto:
Conditional Use Permit No. 2006-05104
TRACKING NO. CUP 2007-05235
Subject Property
Date: August 20, 2007
Scale: 1" = 300'
Requested By: SERVITE HIGH SCHOOL Q.S. No. 45
1952 West La Palma Avenue -Service High School
10346
200 S. Anaheim Blvd.
State #162
Anaheim, CA 9285
Tel: (714) 765.5139
Fax: (714) 765-5260
www.anahefm.net
ITEM NO. 7
PLANNING COMMISSION AGENDA REPORT
City of Anaheim
PLANNING DEPARTMENT
DATE: AUGUST 20,.2007
FROM: PLANNING DIRECTOR
SUBJECT: CONDITIONAL USE PERMIT NO. 2006-05104
(TRACKING NO. CUP2007-05235)
LOCATION: 1952 West La Palma Avenue.
APPLICANT/PROPERTY OWNER: Mark J. Paone7Servite High School.
REQUEST: The applicant requests approval to permit an additional mudulaz unit for an
existing high school.
RECOMMENDATYON: Staff recommends that the Commission take the following
actions:'
{a) By motion, approve a CEQA Categorical Exemption, Classes 3 (New
Construction):
(b) By resolution, approve amendment to Conditional Use Permit No. 2006-05104:
(tracking no: CUP2007-05235).
BACKGROUND: This property is developed with Servite High SchooTand is located
within the. Transition (T) zone. The General Plan designates this property for School
uses. Properties to the north are designated for Low-Medium Density Residential land
uses, properties to the west, east and south aze designated for Low Density Residential.
land uses:
Conditional Use Permit No. 2006:05104, a request to permit two (2) modular buildings
for the use as four (4) classrooms for Servite was' approved by the Planning Commission
on June 26, 2006. The request was subsequently modified. to permit one (1) modular:
building of an equivalent size and approved by Planning Department staff on July 2Q,
2006.
PROPOSAL: The applicant proposes to construct an additional modular unit, for a
total of two (2) modular units. The site plan shows the modular unit would be 960
square feet: The school does not propose to increase their student enrollment. The
additional modular unit would used for a classroom because an existing classroom will.::
be converted to an art room..
CONDITIONAL USE PERMIT NO. 2006-05104
August 20, 2007
Page 2 of 2
ANALYSISc Modular units are conditionally permitted within the Transition zone. The
proposed modular units are compatible with the existing school operations. The modular
units will not be visible from adjoining properties: because they. would be located in a
courtyard area and surrounded by existing school buildings: School enrollment will not
be increased; therefore, vehicular traffid and parking demands would not change:
Therefore, staff recommends'approval of this request.
Respectfully submitted, Concurred by,
~; ~ ~
Aging Principal Planner Planning.Director
Attachments
1. Letter of Request -
P1tO,dEEC'T SiJ10~INiARY
CiJP2006-05104
DeYelo rnent Standard' Pro osed Pro'ect 'T zone standards
Site Area 15.4-acres N/A
Parkin 324 s aces 211 s aces
Building setbacks Adiacent to: Peet
La Palma Avenue 520 25
Side 20 10
Rear 50 25
Signs No signs plans submitted Will comply with Code
requirements
[D 62AFT]
RESOLUTION NO. PC2007--"'
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING
AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT NO. 2006-
05104 AND AMENDING RESOLUTION NO. PC2006-60
TRACKING NO. CUP2007-05235
(1952 West La Palma Avenue) -
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 WEST, S.B.B. AND M., EXCEPT THE
SOUTH 263 FEET THEREOF.
WHEREAS, on June 26; 2006, the Anaheim City Planning Commission by Resolution No.
PC2006-60, granted Conditional Use Permit No. 2006-05104 to permit two (2) modular buildings for the use
of classrooms at an existing private high school; and
WHEREAS, this property is currently developed with a high school and is zoned T
(Transition); .and the Anaheim Geheral Plan designates this property for School uses; and
WHEREAS, the applicant has requested to amend thepreviously approved Conditional Use
Permit No. 2006-05104 to amend an existing conditional use permit to permit an additional modular unit
pursuant to 18.60.190.030 of the Anaheim Municipal Code; and
WHEREAS, the Planning Commission did hold apublic hearing at the Civic Center in the
City of Anaheim on August 20, 2007, at 2:30 p.m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to
hear and consider evidence for and against said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1: That the proposed use is properly one for which a bonditionai use permit is authorized by
Anaheim Municipal Code Sections 18.14.030.040.0402 (Educational Institutions-General) and 18.14.030.080
(Temporary Modular Units).
2. That modular units would be used in conjunction with a previously approved private
educational institution only and would not adversely affect the adjoining land uses or the growth and
development of the area since student enrollment would not be increased, and there is no significant change
in the operation of the existing school
3. That there will be no added traffic or parking impacts that would occur due to the addition of
the modular building for a total of two (2) additional classrooms since enrollment would not increase.
4: That the granting of this permit under the conditions imposed will not be detrimental to the
health and safety of the citizens of the City of Anaheim since there will be no significant change in the
existing land use and operation on the site.
5. That "` indicated their presence at said public hearing in opposition, and '"'
correspondence was received in opposition to the subject petition.
Cr\PC2007--" -1- PC2007--"
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Planning staff has determined
that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 3 (New.
Construction or Conversion of Small Structures), as defined in the State CEQA Guidelines and is, therefore,
exempt from the requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
safety and general welfare of the Citizens of the City of Anaheim:
1. That a maximum of two (2) modular units or 3,840 square feet shall'be permitted. Said information
shall be indicated on plans submitted for building permits.
2. That the applicant shall obtain any necessary building permits and shall obtain Building Division
clearance for the modular units.
Prior to final building and zoning inspections the following conditions shall be complied with:
3. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans .are on file with the Planning
Department marked Exhibit Nos. 1 and 2.
General Conditions:
4. 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.
5. That extensions far further time to complete conditions of approval may be granted in accordance
with Section 18.60.170 of the Anaheim Municipal Code.
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.
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.
_p_ PC2007--"
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
August 20, 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 August 20, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2007.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2007--"
Attachment -Item Pdo. 7
RESOLUTION NO. PC2006-60
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0.2006-05104 BE GRANTED
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit far certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 WEST, S.B.B. AND M., EXCEPT THE
SOUTH 263 FEET THEREOF.
WHEREAS, the Planning Commission did hold a public hearing at the Civlc Center in the
City of Anaheim on June 26, 2006, at 2:30 p.m., notice of said public hearing having been duly given as
required by law and in .accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, 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 tnspectipn, 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:
t That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.14.030.040.0402 (Educational Institutions-General) and 18.14.030.080
(Temporary Modular Units).
2. 'That temporary modular units would be used in conjunction with a previously approved
private educational institution only and would not adversely affect the adjoining land uses or the growth and
development of the area since student enrollment would not be increased, and there is no significant change
in the operation of the existing school.
3. That there will be no added traffic or parking impacts that would occur due to the addition of
the two (2) modular buildings for a total of four {4) classrooms since enrollment would not increase...
4. That the granting of this permit under the conditions imposed will not be detrimental to the
health and safety of the citizens of the City of Anaheim since there will be no significant change in the
existing land use and operation on the site.
5. That a person indicated their presence at said public hearing in opposition, and a person
spoke with questions pertaining to the request; and an a-mail was received in opposition to the subject
petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or her
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 3 (New Construction or Conversion of Small Structures), as defined in the
State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental
documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following 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:
Cr\PC2006-60 -1- PC2006-60
1. That within a period of one (1) year from the date of this resolution, the applicant shall obtain any
necessary building permits and shall obtain Building Division clearance for the modular units. -
2. That prior to issuance of a building permit or within 90 days from the date of approval, the
applicable traffic signal fee shall be paid to the City of Anaheim in an amount established by City
Council Resolution.
3. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 and 2.
4. That prior to final building and zoning inspections, Condition No. 3, above-mentioned, shall be
complied with.
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.
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 far this project, whichever occurs first. Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 26, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal.
(ORIGINAL SIGNED BY CECILIA FLORES)
CHAIRMAN PRO TEMPORE, ANAHEIM PLANNING COMMISSION
ATTEST:
(ORIGINAL SIGNED BY ELEANOR MORRIS)
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-2- PC2006-60
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss,
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on June 26, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, FAESSEL, FLORES, KARAKI, ROMERO, VELASOUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: EASTMAN
IN WITNESS WHEREOF, I have hereunto set my hand this day of
,2006.
(ORIGINAL SIGNED BY ELEANOR MORRIS)
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
_3_ PC2006-60
Item No. 8
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Conditional Use Permit No. 1322
TRACKING NO. CUP2007-05234
Requested By: SIDNEY E BtCKEL
633 South East Street -Quartz Dealer Direct
tosaa
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Date: August 20, 2007
Scale: 1" = 200'
Q.S. No. 94
Conditional Use Permit No. 1322
TRACKING NO. CUP2007-05234
Requested By: SIDNEY E BICKEL.
633 South East Street -Quartz Dealer Direct
Subject Property
Date: August 20, 2007
Scale: 1" = 200'
Q.S. No. 94
iaaaa
tee. ...o:
Ju1Y 2005
ITEM NO. 8
PLANNING C®MMISSI®N AGENDA REP®RT
200 S. Anaheim Blvd
Suite #162.
'. Anaheim, CA 92805
Tel: (714) 765.5139
Fax: (714) 765-5280
www.anaheim.net
City of Anaheim
PLANNING DEPARTMENT
DATE: AUGUST 20,.2007
FROM:. PLANNING DIRECTOR
SUBJECT: CONDITIONAL USE PERMIT NO. 1322
(TRACKING NO. CUP2007-05234)
LOCATION: 633 South East Street- QuartzDealer Direct.
APPLICANT/PROPERTY OWNER: Phillip Schwartze /Sidney E. Bickel:
REQUEST: The applicant requests approval to reinstate a conditional use permit to
retain apreviously-approved automotive wholesale and retail auctionfacility and to
amend the conditions of approval to delete the time limitation.
RECOMMENDATION: Staff recommends that the Commission take the following
actions:
(a) By motion, approve apreviously-approved CEQA Negative Declazation.
(b) By resolution, approve amendment to and reinstatement of Conditional Use Permit
Not 1322.
BACKGROUND: This property is developed with Quartz Dealer Direct and is located
within the Industrial (I) zone: The General Plan designates this property and properties
to the north, south'and west for Low-Medium Density Residential and uses.. Properties
to the easf are designated for Low Density Residential land uses.
Conditional Use Permit No. 1322, a request to establish an auto and truck leasing facility
was approved by the Planning Commission in 1972.-0n February Y, 2000, the City -
Council approved a request to 7ekain an un-permitted wholesale and retail automobile
auction facility for a period of twenty (20) months with an expiration on October 1,
2001: On February 11, 2002 and March 1, 2003, the Commission reinstated this permit.
to expire in one (1) year intervals: OnJunel, 2005, the Commission reinstated this
permit for two (2) years to expire on Mazch:1 2007. Resolution No. PC2005-85
adopted in conjunction with the latest reinstatement, contains the Following condition of
approval:.:
"1. That this conditional use permit shall expire on March 1, 2007."
CONDITIONAL USE PERMIT NO. 1322
August 20, 2007
Page2of 2
Time limitations were placed on this entitlement due to complaints. pertaining to patrons
of the business parking in the adjacent neighborhood. The business is required to retain
an off-site parking agreement for an additiona150 pazking stalls. There is a parking
agreement with the Anaheim Redevelopment Agency at 1245 East Lincoln .Avenue
(C.H.O.C. site) that will be terminated upon the redevelopment of the property. The
applicant has already begun speaking with other properties to secure additional pazking
spaces in the future.
DYSCUSSION: The applicant has submitted axequest to reinstate Conditional Use
Permit No. 1322, to permit a wholesale and retail auction facility: The applicant states
thaf the permit is being exercised substantially in the same manner and in conformance
with all conditions of approval.
There areuo outstanding complaints pertaining to this property, However, there have
been two (2) complaints pertaining to the business this past year including a call for
<, graffiti and a report that patrons from he business were using thexesidential
neighborhood across East Street for parking. An inspection was conducted'by the
Community Preservation Division on August,6, 2007, and indicated that the landscaping
was overgrown and that there was an inoperable vehicle on the property: It was also
observed that an employeeof the business was monitoring the adjacent residential
neighborhood to ensure patrons wereparking in designated locations. The applicant has
indicated that a1Pof the outstanding issues have been addressed. Staff will'conduct a site
visit prior to the public hearing to confirm the issues have been addressed.
The applicant requests to no longer limit the lerigth of the conditional use permit, as the
business has been in operation for a numberof yeazs The auction business has operated
in substantial compliance with conditions of approval and has nobhad an adverse effect
on the surrounding area. Therefore, staff recommends that the conditional use permit be
reinstated with no time limitation.
Respectfully submitted, ~Cboncurred by,
(J f IJ ~y .
(~ ~'`~ ~/l~v 1/~ dew ,~r,,aae,~--
Acting Principal Planner Planning Director
Attachments:
1. Justification for Reinstatement
2. Community Preservation Memorandum
3. Prior Resolution
[DRAFT]
RESOLUTION NQ PC2007--"'
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 1322 (TRACKING NO. CUP2007-05234),
AND AMENDING CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2005-85,
ADOPTED THEREWITH
(633 SOUTH EAST STREET- QUARTZ DEALER DIRECT)
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:
WHEREAS, THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM DID
RECEIVE A VERIFIED PETITION FOR CONDITIONAL USE PERMIT FROM E.D..
JOHNSON AND COMPANY, POST OFFICE BOX 10040, SANTA ANA, CALIFORNIA
92711 OWNER OF CERTAIN REEL PROPERTY SITUATED IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STAT OF CALIFORNIA, DESCRIBED AS THE
NORTHWESTERLY 240.00 FEET OF THAT PORTION OF VINEYARD LOT H-I, AS
SHOWN ON A MAP OF THE LANDS OF ANAHEIM, AS SHOWN ON A MAP THEREOF
RECORDED IN 800K 4, PAGE 629 AND 630 OF DEEDS, RECORDS OF LOS ANGELES
COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST
CORNER pF SAID LOT H-I, SAID SOUTHEAST CORNER BEING THE INTERSECTION
OF THE WESTERLY LINE OF THE EAST STREET, 66.00 FEET WIDE, AND THE:
NORTHERLY LINE OF SOUTH STREET. 24.75 FEET WIDE, S SHOWN ON SAID MAP;
THENCE NORTH 15°30'00" WEST ALONG SAID WESTERLY LINE OF EAST STREET,
402.99 FEET TO THE SOUTHEASTERLY CORNER OF THE LAND CONVEYED TO
KEL-GER, INC IN PARCEL 1 OF THE DEED RECORDED IN BOOK 2459, PAGE 432 OF
OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE
COUNTY; THENCE SOUTH 74° 22'35" WEST ALONG THE SOUTHERLY LINE OF
KEL-GER, INC., 331.20 FEET TO THE EASTERLY LINE OF THE 20.00 FEET WIDE STRIP
OF LAND CONVEYED TOT EH CITY OF ANAHEIM, BY DEED RECORDED IN BOOK
2729, PAGE 208 OF OFFICIAL RECORDS IN THE OFFICE OF THE GOUNTY -
RECORDER OF SAID ORANGE COUNTY; THENCE SOUTH 15°30'31" EAST ALONG
SAID EASTERLY LINE, 403.15 FEET TO SAID NORTHERLY LINE OF SOUTH STREET;.
THENCE NORTH 74° 21'04" EAST ALONG SAID NORTHERLY LINE, 331.14 FEET TOT
THE POINT OF BEGINNING.
WHEREAS, on June 1, 2005, the Anaheim Planning Commission, by Resolution No. PC2005-
85, approved Conditional Use Permit No. 1322 to retain an automotive auction at &33 South East Street; and
WHEREAS, said Resolution No. PC2005-85 includes the following condition of approval:
"1.That this conditional use permit shall expire on March 1, 2007:'
WHEREAS, this property is currently developed with an automotive auction, the underlying
zoning is I (Industrial); the Anaheim General Plan designates this property for Low-Medium Density Residential
land uses; and this property is located within the Merged Anaheim Redevelopment Project Area; and
WHEREAS, the applicant has requested reinstatement of this conditional use permit to retain an
automobile wholesale and retail auction facility pursuant to Code Section 18.60 of the Anaheim Municipal Code;
and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of
Anaheim on August 20, 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 16.60 "Procedures", to hear
and consider evidence for and against said proposed amendment and to investigate and make findings and
recommendations in connection therewith; and
PC2007- -1- PC2007-
WHEREAS, said Commission, after due inspection, investigation and study made by itself and
in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and
determine the following facts:
1. That the proposed reinstatement of this permit and the modification or deletion of a condition of
approval :pertaining to a time limitation to retain apreviously-approved automotive auction facility is properly one
for which a conditional use permit is authorized under Code Section 18.10.030.010.0404 (Automotive-Car Sales
& Rental).
2. That the request to retain the auction facilitywill not adversely affect the adjoining land uses and
the growth and development of the area in which it is located because the operator has incorporated operational
measures to ensure the patrons and employees of the facility park within designated areas only.
3. That the size and shape of the site for the automotive auction is adequate to allow full
development of the use in a manner not detrimental to the particular area nor to the health and safety.
4. That this conditional use permit is being exercised in substantially the same manner and in
conformance with all conditions and stipulations originally approved by the Planning Commission:
5 That this conditional use permit is tieing exercised in a manner not detrimental to the particular
area and surrounding land uses, nor to the public healtHand safety..
6. The facts necessary to support each and every required showing for the original approval of the
entitlement exist; and
7. That "' indicated their presence at the public hearing in opposition; and ifiat "'
correspondence was received in opposition to the subject petition:
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to reinstate this permit and does hereby find that the Negative
Declaration previously approved in connection with Conditiohal Use Permit No. 1322 is adequate to serve as the
required environmental documentation in connection with this request upon finding that the declaration reflects
the independent judgment of the lead agency and that it has considered the previously approved Negative
Declaration together with any comments received during the public review process and further finding on the
basis of the initial study and any comments received that there is no substantial evidence that the project will
have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby
amend Resolution No. PC2005-85, adopted in connection with Conditional Use Permit No. 1322 in its entirety
into a new resolution., to reinstate this conditional use permit, and incorporate the following conditions of
approval
Modified conditions of approval are in bold.
1. That the hours of operation, except for off-loading of vehicles, shall be limited to the following, as
stipulated by the applicant:-
8:30 a.m. - 9:00 p.m. on Monday
9:00 a.m. - 5:00 p.m. on Tuesday through Saturday
Automotive auctions may be conducted on Mondays and Fridays for a
maximum of three (3) hours on each day during the hours specified above.
2. That all auction vehicles shall be operable and parked in the screened storage area only.
3. That the 10-foot wide landscaped planter area adjacent to East Street shall be properly maintained with
ground cover and shrubs as approved by the Planning Department.
4. That no required parking area shall be fenced or otherwise enclosed for outdoor uses other than parking.
_2_ PC2007-
5. That the property shall be permanently maintained in an orderly fashion by providing regular landscape
maintenance, removal of trash and debris, and removal of graffiti within twenty-four (24) hours from time= -
of discovery.
6. That the chain-link fence shall be maintained and screened with PVC slats. Said slats shall be maintained
in good condition.
7. That signage for subject facility shall be limited to the existing and legally permitted signage. Any
additional signage shall be subject to approval by the Planning Commission as a Reports and
Recommendations item.
8. That trash storage areas shall be 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 that are visible to the public 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.
9. That auto maintenance and repair shall not be permitted, nor shall there be any retail sales or display.
10. That there shall be no off-loading of vehicles during the hours of 10 p;m. to 6 a.m.
11. That off loading of vehicles shall be limited to Rose Street behind (west of) the auction facility
12. That on-site car washing shall be limited to washing with tap water or deionized water without the use of
soaps or detergents. Solvents or degreasers may be used on a spot basis, but shall be wiped off before
the vehicle is rinsed.
13. That any use of loud speakers shall not be audible to the residential properties.
14. That the applicant shall maintain an agreement recorded in the Office of the Orange County Recorder with
nearby property owners for the appropriate number of parking spaces for this use, as required by the
Traffic and Transportation Manager, at the shopping center located at 1215 East Lincoln Avenue andlor
such other nearby sites. The number of parking spaces shall be in excess of that which is required by
Code by said commercial retail center and or any other off-site parking site.
15. That the subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit No. 1, Revision No. 1, dated February 1, 2000, and as conditioned herein.
16. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal
regulations. Approval does not include any action or findings as to compliance or approval of the request
regarding .any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all
of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or
unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any
approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to
the processing of this discretionary case application within 7 days of the issuance of the final invoice. Failure to
pay all charges shall result in the revocation of the approval of this application.
-3- PC2007-
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
August 20, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of
the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution
in the event of an appeal.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on
August 20, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, 1 have hereunto set my hand this day of
2007.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
_q_ PC2007-
Attachment -Item Ido. 8
STATEMENT OF NSTIFICATION
C.U.P. 1342
Quartz Dealer Direct supplies a much need service to the local area automobile
dealerships. We provide the location where dealers auction oars to other caz dealers.
Our operation has been successful and we have come to a point that we have neazly
outgrown our existing space. On auction days (Monday & Friday) we pazk the wholesale
brokers off site and transport them down to our 633 South East Street for the auction
since we do not have pazking room FOR ALL OF THE BROKERS at the auction
location. We aze presently leasing the pazking spaces for the auction day brokers from the
Anaheim Redevelopment Agency.
Several years ago we requested an extension of our approved Conditional Use Permit to
allow us the opportunity to fmd a new lazger location.
As you may know, Quartz Dealer Direct has diligently pursued new and different sites
for a permanent relocation of our operation. Two of the sites we found suitable have
been acquired by the Anaheim Redevelopment Agency for other uses after we initiated
lease/purchase arrangements and prepazed plans.
We are also working with an Orange County Water District representative to relocate to
some of their excess property that could be leased for auction activities.
We respectfully request a modification to our Conditional Use Permit so as not to place
an undue burden on all interested parties. It would appeaz that we will be at this location
for a number of years.
Attachment -Item Plo. 8
MEMORANDUM
CITY OF ANAHEIM
Code Enforcement Division
DATE: August 6, 2007
TO: Kimberly Wong, Assistant Planner
FROM: Jesse Becerra, Code Enforcement Officer #1011
SUBJECT: 633 S. East St.
On August 6, 2007, I conducted an inspection of the property located at 633 S. East St. The
inspection was in regards to the reinstatement of the C.U.P.. (CUP21322, tracking case no.
CUP2007-05234) to delete the time limitation for an auto and truck leasing facility.
Upon inspecting the property, I observed three violations of the Anaheim Municipal Code. The
violations are as follows:
• Overgrown vegetation encroaching onto the public sidewalk facing East Street.
® Dead palm tree stump located on the most northerly portion of the parkway facing East
Street.
® Inoperable vehicle located at the southwest comer of the property.
A Courtesy Notice (COD2007-05624) was sent to the business owner (Samuel Govemale),
informing him of the violations and allowing him twenty (20) days to bring the property into
compliance.
A search of the Code Enforcement Division Records revealed the following:
® COD2007-00987 -Complaint received on 2/2/2007 reference Quartz of Southern
California parking auction vehicles in the residential area east of the property. Code
Enforcement monitored the location and observed no violations. Case closed on
4/17/2007
® COD2007-05624 -Complaint received on 6/28/2007 reference graffiti on the PVC .slats
on the chain-link fence facing the public alley. Case closed as complied.
All conditions of CUP1322 were in compliance at the time of inspection. Should it be noted that
on August 6, 2007 at 1700hrs I observed and employee of Quartz of Southern California at the
comer of East St. and Crestbrook Pl. ensuring that clients did not park in the residential area.
On 8/7/2007 between the hours of 0200-0600 Code Enforcement Staff reported no violations
observed reference the unloading of vehicles on S. East St.
If you need any additional information regarding this property, please contact me at ext.4478.
Attachment -Item No. 8
RESOLUTION NO. PC2005-85
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 1322, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2003-113,--
ADOPTED THEREWITH
WHEREAS, on March 1, 2003, the Anaheim .Planning Commission, by Resolution No.
PC2003-113, approved Conditional Use Permit No. 1322 to retain an automotive auction at 633 South East
Street; and
WHEREAS, said Resolution No. PC2003-113 includes the following condition of approval:
"1. That this conditional use permit shall expire on March 1, 2005"
WHEREAS, this property is currently developed with an automotive auction, the underlying zoning
is I (Industrial); the Anaheim General Plan designates this property for Low-Medium Density Residential land
uses; and this property is located within the Merged Anaheim Redevelopment Project Area; and
WHEREAS, the applicant has requested reinstatement of this conditional use permit to retain an
automobile wholesale and retail auction facility pursuant to Code Section 16.60 of the Anaheim Municipal Code;
and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of
Anaheim on June 1, 2005, at 2:00 p:m., notice of sa(d publichearing having been duty given as required bylaw
and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and
consider evidence for and against said proposed amendment and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself and in
its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and
determine the following facts:
1. That the existing automotive auction is properly one for which a conditional use permit is
authorized by the Zoning Code.
2. That the request to retain the auction facility will not adversely affect the adjoining land uses and
the growth and development of the area in which it is located,
3. That the size and shape of the site for the automotive auction is adequate to allow full
development of the use in a manner not detrimental to the particular area nor to the health and safety.
4, That this conditional use permit is being exercises In substantially the same manner and in
conformance with all conditions and stipulations originally approved by the Planning Commission.
5. That this conditional use permit Is being exercised in a manner not detrimental to the particular
area and surrounding land uses, nor to the public health and safety.
6. The facts necessary to support each and every required showing for the original approval of the
entitlement exist; and
7. That no one indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to reinstate this permit by the modification or deletion of a condition of
approval pertaining to a time limitation (approved on July 28, 2003 to expire March 1, 2005) to retain an
CR\PC2005-085 -1- PC2005-85
Tracking No. CUP2005-04982
automotive wholesale and retail auction facility; and does hereby find that the Negative Declaration previously
approved in connection with Conditional Use Permit No. 1322 is adequate to serve as the required
environmental documentation in connection with this request upon finding that the declaration reflects the
independent judgment of the lead agency and that It has considered the previously approved Negative
Declaration together with any comments received during the public review process and further finding'dn the
basis of the initial study and any comments received that there is no substantial evidence that the project will
have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby
amend Resolution No. PC2003-113, adopted in connection with Conditional Use Permit No. 1322, to reinstate
this conditional use permit, and incorporate the following conditions of approval:
1. That this conditional use permit shall expire on March 1, 2007..
2. That the hours of operation, except for off-loading of vehicles, shall be limited to the following, as
stipulated by the petitioner:
8:30 a:m. - 9:00 p.m: on Monday
9:00 a:m. - 5:00 p.m. on Tuesday through Saturday
Automotive auctions maybe conducted on Mondays and Fridays for a
maximum of three (3) hours on each day during the hours specified above.
3. That all auction vehicles shall be operable and parked in the screened storage area only,
4. That the 10-foot wide landscaped planter area adjacent to East Street shall be properly maintained with
ground cover and shrubs as approved by the Planning Department.
5. That no required parking area shall be fenced or otherwise enclosed for outdoor uses other than parking.
6. That the property shall be permanently maintained in an orderly fashion by providing regular landscape
maintenance, removal of trash and debris, and removal of grafFltl within twenty-four (24) hours from time
of occurrence.
7. That the chain-link fence shall be maintained and screened with PVC slats. Said slats shall be maintained
in good condition.
B. That signage for subject facility shall be limited to the existing and legally permitted signage. Any
additional signage shall be subject to approval by the Planning Commission as a Reports and
Recommendations item.
9. That trash storage areas shall be 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. Sold
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 that are visible to the public 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.
10. That auto maintenance and repa(r shall not be permitted, nor shall there be any retail sales or display.
11. That there shall be no off-loading of vehicles during the hours of 10 p.m. to 6 a.m.
12. That off loading of vehicles shall be limited to Rose Street behind (west of) the auction facility.
13. That on-site car washing shall be limited to washing with tap water or delonized water without the use of
soaps or detergents. Solvents or degreasers may be used on a spot basis, but shall tie wiped off before
the vehicle is rinsed:
14. That any use of loud speakers shall not be audible to the residential properties.
-2- PC2005-B5
15. That the applicant shall maintain an agreement recorded in the Office of the Orange County Recorder with
nearby property owners for the appropriate number of parking spaces for this use, as required by the
Traffic and Transportation Manager, at the shopping center located at 1215 East Lincoln Avenue and/or
such other nearby sites. The number of parking spaces shall be in excess of that which is required by
Code by said commercial retail center and or any other off-site parking site.
16. That the subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit No. 1, Revision No. 1, dated February 1, 2000, and as conditioned herein.
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.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolutionis expressly predicated upon applicant's compliance with each and all
of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or
unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any
approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to
the processing of this discretionary case application within 7 days of the issuance of the final invoice. Failure to
pay all charges shall result in the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 1,
2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim
Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event
of an appeal.
(ORIGINAL SIGNED BY GAIL EASTMAN)
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
(ORIGINAL SIGNED BY ELEANOR MORRIS)
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) 55.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on
June 1, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, KARAKI, PEREZ, VELASOUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLORES
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, 1 have hereunto set my hand this day of_
2005
(ORIGINAL SIGNED BY ELEANOR MORRIS)
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2D05-85
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TRACKING NO. CUP2007-05237
Requested By: DAVID AND FRANCES SHEK
1401 S Anaheim Boulevard -Happy Hippo Preschool
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il%~ :=? Subject Property
Date: August 2p, 2007
Scale: 1" = 200'
Q.S. No. 86
1 ISPBCI
duly 2005
Conditional Use Permit No. 2006-05118
TRACKING NO. CUP2607-05237
Requested By: DAVID AND FRANCES SHEK
1401 S Anaheim Boulevard -Happy Hippo Preschool
Subject Property
Date: August 20, 2007
Scale: 1" = 200'
Q.S. No. 86
10347
200 S. Anaheim Blvd:
Suite #162
'. Anaheim, CA 92805
', Tel: (714) 768-5139
Fax: (714) 765-5280
www.anaheim.net
ITEM N0.9
PLANNING COMMISSION AGENIDA REPORT
City of Anaheim
PLANNING DEPARTMENT
DATE: AUGUST 20, 2007
FROM:. PLANNING DIRECTOR
SUBJECT: CUP2006-05118 (TRACHING NO. CUP2007-05237)
LOCATION: This 0.9-acre property is identified as 1401 South Anaheim Boulevard -
Happy Hippo Preschool.
APPL%CANT/PROPERTY OWNER: Phil Schwartze/David & Frances Shek
REQUEST:
The applicant requests approval to allow up to 45 students for apreviously-approved
preschool
RECOMMENDATION: Staff recommends that the Commission take the following
'actions:
(a) By motion, approve a CEQA Categorical Exemption, Class 1.
(b) By resolution, approve amendment to CUP2006-05118.
BACKGROUND:
This property is currently developed with asingle-story office building including the
Happy Hippo preschool and is zoned General Commercial (C-G): The General Plan
designates this property for School land uses, properties to the north and east for General
Commercial land uses and properties to the south and west for School land uses.
Conditional Use Permit No. 2006-05118 was approved on August 7, 2006, to permit the:
subject preschool. The resolution contained a condition of approval limiting the
enrollment to thirty (30) students, consistent with the letter of operation.
PROPOSAL:
The applicant proposes to increase student enrollment to a maximum of forty-five (45)
students. No changes to the building operations or staffing aze proposed.
ANALYSIS:
The project has been evaluated against applicable development standazds and is in
compliance.. The increased enrollmentwould result in a need for two additional parking
spaces, for a total of 27 spaces required for the preschool and other office tenant spaces;
CONDITIONAL USE PERMIT NO. 2006-05118
August 20, 2007.
Page2of3
71 spaces are provided on-site. The parking for the preschool is based on one space per
ten students, one space per employee and one space for loading and unloading.
The Happy Hippo preschool has been'operating without violations and staff continues to
believe that this is an appropriate location for this facility. Therefore, staff recommends
approval of the requested amendment.
Respectfully submitted, Concurred by,
~~ d~ ~~ ~~ ~~~
~~
P(cting Principal Planner Planning Director
Attachments•
L Prior resolution
[DR~FT~
RESOLUTION NO. PC2007--"'
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
AMENDING RESOLUTION NO. PC2006-69, ADOPTED IN CONNECTION
WITH CONDITIONAL USE PERMIT N0.2006-05118
(TRACKING NO. CUP2007-05237)
(1401 SOUTH ANAHEIM BOULEVARD)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
PARCEL 2 AND 3 OF PARCEL MAP NO. 84-231, IN THE CITY OF ANAHEIM, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 194,
PAGES 11-12 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
WHEREAS, on August 7, 2006, the Anaheim City Planning Commission did, by its
Resolution PC2006-69 grant Conditional Use Permit No. 2006-05118 to permit apre-school in an existing
office building; and
WHEREAS, Condition No. 10 of Resolution No. PC2006-69 states:
10. That the maximum permitted enrollment of students shall be thirty (30).
WHEREAS, the applicant has requested an amendment to his conditional use permit to
modify Condition No. 10, to permit an maximum enrollment of forty-flue (45) students; and
WHEREAS, the Planning Commission did .hold a putilic hearing at the Civic Center in the
City of Anaheim on August 20, 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 recommendatipns 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 requested amendmenUmodification of use is properly one for which a conditional
use permit is authorized by Anaheim Municipal Code Section 18.08.030:040.0402 (Day Care Centers).
2. That the use is compatible with an adjacent elementary school and the increased enrollment
will not adversely affect the adjoining and uses or the growth and development of the area in which it is
proposed as there is adequate parking and play area on-site to accommodate the number of students.
3. That the granting of the conditional use permit under the conditions imposed, will not be
detrimental to the health and safety of the citizens of the City of Anaheim and provides a convenient service
to residents as the pre-school will be adjacent to an elementary school.
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.
5. That the size and shape of the site is adequate to allow the full development of the pre-
school in a manner not detrimental to the health and safety of the particular area.
Cr1PC2007--" -1- PC2007--"
6. That "' indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning staff has
determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301,
Class 1 (Existing Facilities)., as defined in the State CEQA Guidelines and is, therefore, exempt from the
requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby amend Resolution No. PC2006-69, adopted in connection with Conditional Use Permit No. 2006-
05118 to approve the applicant's request; and
BE IT FURTHER RESOLVED that the conditions of approval in Resolution No. PC2006-69
are amended in their entirety to read as follows:
Modifications identified in bold.
1. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works
Department, SVeets 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.
2. That the parking lot shall be re-surfaced and re-striped in conformance with City standards.
General Conditions:
3. That the maximum permitted enrollment of students shall be forty-five (45); however, future
increases in enrollment may be approved by the Planning Services Division upon evidence that
sufficient parking is provided for the number of students and staff..
4. That any signage shall be submitted to the Planning Services Division for review and approval. Any
decision by staff regarding signs may be appealed to the Planning Commission as a "Reports and
Recommendations" item.
5. 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.
6. That all classroom windows shall be left clear and unobstructed, to allow an unimpaired line of sight by
a peace officer into the interior of the classroom during school hours. Said information shall be
specifically shown on plans submitted for building permits.
7. That there shall be no outdoor storage at the site.
8. That the existing unpermitted pole sign shall be removed. Said information shall be specifically shown
on plans submitted for building permits.
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 Exhibit Nos. 1 through 4, and as conditioned herein.
-2- PC2007--"
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.
11. That timing for compliance with conditions of approval may be amended by the Planning Director upon
a showing of good cause provided (i) equivalent timing is established that satisfies the original intent
and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and
(iii) the applicant has demonstrated significant progress toward establishment of the use or approved
development.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and
all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared
invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals .herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice,
prior to commencement of the activity 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
August 20, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and maybe replaced
by a City Council Resolution in the event of an appeal.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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 August 20, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
_, 2007.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2007--"
Attachment -Item No. 9
RESOLUTION NO. PC2006-69
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05118 BE GRANTED
(1401 SOUTH ANAHEIM BOULEVARD)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
PARCEL 2 AND 3 OF PARCEL MAP NO. 84-231, IN THE CITY OF ANAHEIM, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 194,
PAGES 11-12 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on August 7, 2006 at 2:30 p.m., notice of said hearing having been duly given as required by
law and in accordance with the provisions of the Anaheim Municipal Code, Chap[er 18.60, to hear and
consider evidence for and against said proposed conditional use :permit and to investigate and make findings
and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection., investigation and study made by itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section No. 18.08.030.040.0402 (Day Care Centers) to permit apre-school in an
existing office building.
2: That the use is compatible with an adjacent elementary school and will not adversely affect
the adjoining land uses or the growth and development of the area in which it is proposed as there is
adequate parking and play area on-site to accommodate the use.
3. That the granting of the conditional use permit under the conditions imposed, will not be
detrimental to the health and safety of the citizens of the City of Anaheim and will provide a convenient
service to residents as the pre-school will be adjacent to an elementary school
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 pre-school
generates less trips than a more traditional commercial use.
5: That the size and shape of the site is adequate to allow the full development of the pre-
school in a manner not detrimental to the health and safety of the particular area..
6. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or her
.authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 3 (New Construction or Conversion of Small Structures), as defined in the
State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental
documentation.
Cr\PC2006-69 -1- PC2006-69
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petiticn for Conditional Use Permit, upon the following conditions which are hereby .
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
safety and general welfare of the Citizens of the City of Anaheim:
1. That any signage shall be submitted to the Planning Services Division for review and approval., Any
decision by staff regarding signs may be appealed to the Planning Commission as a "Reports and
Recommendations' item.
2. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal oftrash or debris, and removal of graffiti within twenty four
(24) hours from the time of discovery.
3. That the property owner shall submit a letter requesting termination of Variance No. 3365 (to establish
a business school with waiver of minimum number of parking spaces) to the Planning Department.
4. That four (4) foot high address numbers shall be displayed flat on the roof of the building in contrasting
color to the roof material. The numbers shall not be visible to adjacent and nearby streets or
properties. Said information shall be specifically shown on plans submitted to the Police Department,
Community Services Division., for review and approval
5. That an Emergency Listing Card, Form ADP-281 shall be completed and submitted in a completed
form to the Anaheim Police Department,
6. That the classroom doors shall be equipped with locks that can be locked from the inside allowing
lockdown of those rooms in the event of criminal activity in or around the building. The doors shall
allow for required exiting in case of emergency. Said information shall be specifically shown on plans
submitted for building permits...
7. That all classroom windows shall be left clear and unobstructed, to allow an unimpaired line of sight by
a peace officer into the intertor of the classroom during school hours. Said information shall be
specifically shown on plans submitted for building permits.
8. That there shall be no outdoor storage at the site. Any existing storage shall be removed within ninety
(90) days of the date of this resolution.
9. That the existing unpermitted pole sign shall be removed. Said information shall be specifically shown
on plans submitted for building permits.
10. That the maximum permitted enrollment of students shall be thirty (30).
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 the parking lot shall be re-surfaced and re-striped in wnformance with City standards. Said
information shall be specifically shown on plans submitted for building permits and shall be completed
prior to final inspections.
13. That the on-site landscaping within the street setback shall be refurbished in accordance with Zoning
Code requirements. Final landscape and fencing plans for the subject property shall be submitted to
the Planning Department for review and approval. Said plans shall show minimum 24-inch box size trees,
-2- PC2006-69
shrubs, groundcover, and clinging vines to be planted in layers on all walls visible from the public right-of-
way. The landscape material selected shall be appropriate to the width of the planter area. Any decision
made by the Planning Department regarding said plan may be appealed to the Planning Commission as a
Reports and Recommendations item. All trees shall be properly and professionally maintained by the
property owner to ensure mature, healthy growth. Such information shall be specifically shown on the
plans submitted for building permits.
14. That a licensed architect shall prepare plans that satisfy the requirements of the Building Code for the
appropriate occupancy for the proposed pre-school. Said information shall be specifically shown on
the plans submitted for building permits.
15. That subject properly 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 4, and as conditioned herein.
16. That prior to issuance of a building permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condifion Nos. 3, 4, 6, 7, 9, 11, 12, 13 and 14, above-mentioned, shall
be complied with. Extensions for further time to complete said conditions may be granted in accordance
with Section 18.03.090 of the Anaheim Municipal
17. That pdor to final building and zoning inspections, Condition Nos. 5, 8, 12 and 15, above-mentioned, shall.
be complied with.
18. 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
19. That timing for compliance with conditions of approval may be amended by the Planning Director upon
a showing of goad cause provided (i) equivalent timing is established that satisfies the original intent
and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and
(iii) the applicant has demonstrated significant progress toward establishment of the use or approved
development.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and
all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared
invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application.
-3- PC2006-69
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
August 7, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions -General" of the Anaheim Municipal Cade pertaining to appeal procedures and may be. replaced
by a City Council Resolution in the event of an appeal
(ORIGINAL SIGNED BY GAIL EASTMAN)
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
(ORIGINAL SIGNED BY ELEANOR MORRIS)
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Mords, 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 August 7, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAKI, ROMERO, VELASOUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLORES
IN WITNESS WHEREOF, I have hereunto set my hand this. day of
, 2006.
(ORIGINAL SIGNED BY ELEANOR MORRIS)
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
~_ PC2006-69
Item No. 10
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Conditional Use Permit No. 2007-05239
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Requested By: CHUCK WU
GUTHRIE'FAMILY, LLC & R+D GUTHRIE
725 and 755 North Shepard Street
10349
SP 9431 ...
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PPRKING'
`F Subject Property
Date: August 20, 2007
Scale: 1" = 200'
Q.S. No. 145
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JuIV 2005
Conditional Use Permit No. 2007-05239
Requested By: CHUCK WU
GUTHRIE FAMILY, LLC & R+D GUTHRIE
725 - 755 North Shepard Street
Subject Property
Date: August 20, 2007
Scale: 1" = 200'
Q.S. No. 145
'10349
` ITEM NO. 10
PLANNING COMMISSION AGENIDA REPORT
200 S. Anaheim Blvd.
Suile #162 :
Anaheim, CA 92805
Tel: (714)765-5139
Fax: (714) 765-5280
www.anaheim.net
City of Anaheim
PLANNING DEPARTMENT ~ -
'DATE: `AUGUST 20, 2007
FROM: PLANNING DIRECTOR
SUBJECT: CONDITIONAL USE PERMIT NO2007-05239
LOCATION: This 0.89 acre property is identified as 725 and 755 North Shepard
Street.
APPLICANT/PROPERTYQWNER: David Constant/Chuck Wu, Guthrie Family
LLC and R+D Guthrie.
REQUEST: The applicant requests approval to permit a personal training and fitness
center.
RECOMMENDATION: Staff recommends that the Commission take the following
actions:
(a) By motion; approve a CEQA Categorical Exemption, Class 1.
(b) By resolution, approve Conditional Use Permit No. 2007-05239.
BACKGROUNDr This property is currently developed with a concrete tilt up building
and is located within the Northeast Area Specific Plan, La Palma Core Area (SP94-l,
DA 3): The General Plan designates this property and surrounding properties for Low
Intensity Office uses.
PROPOSAL: The applicant proposes to establish a personal training and fitness center
within a vacant industrial building.. The use would include one on one and small group
training, sports performance training, physical therapy and orthopedic consultations and
small classes for yoga, Pilates and spinning:. The site plan indicates an approximate
14,500 square foot building, which is part of an industriaVoffice complex: The floor plan
shows a variety of weight training and thetapy rooms as well as batting cages and
performance training areas within the warehouse portions of the building.
Operating hours for the facility would be from 6 a.m. to 9 p.m„ Monday through Friday,
and 6 a.m: to 4 p.m. on Saturdays. A maximum of 8 employees would be needed per
shift.
ANALYSIS: The project has been evaluated againsf applicable development standards
and is in compliance: Code permits physical fitness and indoor recreational facilities in
the Northeast Area Specific Plan subject to approval of a conditional use permit.
CONDITIONAL USE PERMIT N0.2007-05239
Augus[ 2Q, 2007
Page2of2
Code requires a pazking study to determine the parking demand for this type of uses %A
study was prepared for a similaz facility and the same pazking ratio of 1.5'spaces per
1,000 squaze feet was applied to the'subject business: The maximum pazking demand
would be 23 pazking stalls. Since the building was constructed with a total of 39 parking
spaces, the number of pazking sgaces provided would be adequate to support the number
of employees and customers for this use. The proposed land use would be compatible
with adjacent industrial uses; therefore, staff supports'this request:',
Respectfully submltte Concurred by,
Acting Principal Planner. Planning Director
Attachments•
l . Pazking Study
[DRAFT]
RESOLUTION NO. PC2007--***
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0.2007-05239 8E GRANTED
(725 AND 755 NORTH SHEPARD STREET)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
PARCEL L
AN UNDIVIDED 1/19T" INTEREST IN AND TO ALL THOSE PORTIONS OF PARCELS 4 THROUGH 8 OF
PARCEL MAP NO. 2005-201, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP FILED IN BOOK 349, PAGES 3 THROUGH 7, INCLUSIVE, OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SHOWN AND DEFINED AS
"COMMON AREA" ON THE CONDOMINIUM PLAN RECORDED PROFORMA AS INSTRUMENT NO.
PROFORMA, OF OFFICIAL'RECORDS OF SAID COUNTY.
RESERVING THEREFROM EASEMENTS, AS SUCH EASEMENTS ARE SET FORTH IN THE.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED PROFORMA AS
INSTRUMENT NO. PROFORMA OF OFFICIAL RECORDS OF SAID COUNTY, AND ANY NOW OR
HEREAFTER RECORDED AMENDMENTS THERETO.
PARCEL 2:
UNIT N0. 5 A ON SAID CONDOMINIUM PLAN.
PARCEL 3:
NONEXCLUSIVE EASEMENTS AS SET FORTH IN THE DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS RECORDED NOVEMBER 08, 2006 AS INSTRUMENT NO. 2006000753043 OF
OFFICIAL RECORDS OF SAID COUNTY, AND ANY NOW OR HEREAFTER RECORDED AMENDMENTS
THERETO (THE "DECLARATION").
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on August 20, 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 tp investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.120.080.051.3 (Health spas and physical fitness centers in excess of
4,000 s.f.); and
2. That the proposed personal training and fitness center would not adversely affect the
adjoining land uses and the growth and development of the area in which it is located; and.
Cr\PC2007-0 -1- PC2007-
3. That the traffic generated by the facility would not impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the area because adequate parking is provided
on-site; and -
4. That granting this conditional use permit, under the conditions imposed, will not be
detrimental to the health and safety of the citizens of the City of Anaheim; and
5. That "' indicated their presence at said public hearing in opposition; and that rio
correspondence was received in opposition to the 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 Conditional Use Permit, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
health and safety of the Citizens of the City of Anaheim:
1. That four (4) foot high rooftop address numbers shall be painted flat on the roof in contrasting color to
the rooftop material and shall not be visible from ground level. Said information shall be specifically
shown on plans submitted for building permits.
Prior to final building and zoning inspections the following conditions shall be complied with:.
2. That a Fire Emergency Listing Card, Form APD-281, shall be completed and submitted to the Police
Department. The form is available at the Police Department front counter.
3. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the applicant and which plans are on file with the Planning
Department marked Exhibit Nos. 1 and 2, and as conditioned herein.
General Conditions:
4. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four
(24) hours from the time of discovery.
5. 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 thatsatisfies 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. Thatextensions for further time to complete conditions of approval may be granted in accordance with
Section 18.60.170 of the Anaheim Municipal.
7. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning Code and .any other applicable City, State and Federal
regulations. Approval does not include any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement.
_2_ PC2007-
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and
all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared
invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final 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
August 20, 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 August 20, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2007.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2007-
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SCHWEITZER
ELEMENTARY SCHOOL
General Plan Amendment No. 2007-00456
Reclassification No. 20D7-00200
Conditional Use Permit No. 2007-05204
Tentative Tract Map No. 17047 .
Requested By: LA VUE LLC
121 and 131 South Dale Avenue
RS-2
1 DU.EA
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Date: August 20, 2007
Scale: 1 ° = 200'
Q.S. No. 13
10352
VAR 7970
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TOLA AVE
Rs-z
RCL fi7.68-72
7 Gu EAGH
vaR 7we
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: {714)765.5139
Fax: (714) 765-5280.
www.anaheim.net
ITEM NO. ll
PLANNING COMMISSION AGENDA REPORT.
City of Anaheim
PLANNING DEPARTMENT
DATE: AUGUST 20, 2007
FROM: PLANNING DIRECTOR
SUBJECT: GENERAL PLAN AMENDMENT N0: 2007-00456
RECLASSIFICATION N0.2007-00200.
CONDITIONAL USE PERMIT NO. 2007-05204
TENTATIVE TRACT MAP NO. 17047
LOCATION: 121 and 131 South Dale Avenue
APPLICANT/PROPERTYQWNER: Max Ebrahimzadeh, La Vue LLC
REQUEST: The applicant requests approval of the following:
(a) General Plan Amendment No. 2007-00456 -Request to amend the
Land Use Element Map of the General Plan to redesignate the
property from the Corridor Residential to the Low-Medium Density
Residential designation.
(b) ' Reclassification No. 2007-00200 -Request reclassification of the
property from the RM-4 (Multiple-family Residential) zone to the
RM-3 (Multiple-family Residential) zone.
(c) Conditional Use Permit No: 2007-05204 -Request to construct a
14-unit attached single-family condominium planned unit
development with modification of development standards and
waiver of minimum setback between buildings.
(d) Tentative Tract Map No: -17047 Request to establish a 1-lot, 14-
unit airspace attached residential condominium subdivision.
RECOMMENDATION: Staff recommends that the Commission, by motion, continue
this item. to the September 5, 2007, Planning Commission meeting as requested by the
applicant:
BACKGROUND: This pTOperty is currently developed with two single-family
residences and i5zoned Multiple-family Residential (RM-4): The General Plan
designates this property and properties to the north and south for Corridor Residential
land uses. Properties to the west and east are designated for Medium Density Residential
land$ses and Low-Medium Density Residential land uses, respectively.
GPA2007-00456
August 20, 2007
Page 2 of 2
Respectfully submitted, Concurred by,
~~
Acting Principal Planner Planning Director.
Attachments•
L Continuance Request
Attachment -Item Ido. 11
August 8, 2007
Elaine Thienprasiddhi
Anaheim Planning Department
200 S. Anaheim Boulevard
Anaheim, CA 92805
Subject: Request for Continuance
Ms. Thienprasiddhi,
Please. accept this letter as my formal request to continue review of GPA2007-00456 and
other associated entitlements to the September 5, 2007 Planning Commission meeting.
Best regazds,
Max Ebrahimzadeh