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PC 2007/09/05a i Ia nin assi a ednesday, September 5, 2007 Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California • Chairman: Kelly Buffa • Chairman Pro-Tempore: Joseph Karaki • Commissioners: Peter Agafwal, Gail Eastman, • Stephen Faessel, Panky Romero, Pat Velasquez • Call To Order • Preliminary Plan Review 1:00 P.BA. • Staff update to Commission on various City developments and issues (As requested by Planning Commission) • Preliminary Plan Review for items on the September 5, 2007 agenda For record keeping purposes, if you wish to make a statement regarding anv item on the agenda, please complete a speaker card in advance and submit it to the secretarv. • Recess To Public Hearing • Reconvene To Public Hearing 2:30 P.NI. • 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(a~anaheim.net H:\dotslclericallagendas\(090507).doc (09/05/07) 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. Planning Commission Appointments: Appointment for Housing Element Ad Hoc Committee (Motion) Consent Calendar: The items on the Consent Calendar will be acted on by one roll tali vote. There wilt be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. Reoorts and Recommendations 1A.(a) CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) (b) CONDITIONAL USE PERMIT NO. 2006.05101 (Tracking No. CUP2007-05244) Agent: Anaheim Redevelopment Agency 201 South Anaheim Boulevard Anaheim, CA 92805 Location: 700 East South Street Request a retroactive time extension to comply with conditions of ProjectPtannen approval to construct a 63-unit attached a condominium complex with (etnienQa ananeim.net) affordable units and a density bonus. 1B.(a) MITIGATED NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) (b) FINAL SITE PLAN NO, 2004-00007 (Tracking No FSP2007Ap012) Agent: James W. Farmer 4116 West Magnolia Boulevard Suite 203 Burbank, CA 91505 Location: 1761 and 1781 South Campton Avenue Request determination of substantial conformance with previously- Project Planner. approved exhibits for an attached 196-unit condominium development (etnienQananeim.net) within the Platinum Triangle. Min e 1C. Receiving and approving the Minutes from the Planning Commission Meeting of August 20, 2007. (Motion) H:\dots\clerical\agendas\(090507).doc (09105/07) Page 2 Public Hearing Items: 2a. CEQA NEGATIVE DECLARATION (READVERTISED) 2b. GENERAL PLAN AMENDMENT N0.2007-00460 Request for continuance 2c. RECLASSIFICATION NO. 2006-00190 to September 17, 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 C;uyen 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: This irregularly-shaped 0.27-acre property has a frontage of 47 feet on the southeast side of Lindacita Lane and a maximum depth of 142 feet (3100 West Lindacita Lane). Portion B: This irregularly-shaped 1.68 acres property is a land-locked parcel with a maximum depth of 287 feet 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 South Beach Boulevard). General Plan Amendment No. 2007-00470 -Request withdrawn by applicant. Reclassification No. 2006-00190 -Request reclassification of 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 a 9-unit detached single-family residential subdivision with waiver of improvement of private street for Portions A and B, and waiver of minimum lot area for Portion A. Tentative Tract Map No. 17139 - To establish a 12 numbered and 1 lettered lot, 10-unit detached single-family residential subdivision for Portions A and B. Continued from the June 11, June 25, July 9, and the August 20, 2007 Planning Commission Meetings. Project Planner. (kwong2Qanaheim.oet) 'Advertised to include 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. H:\docs\clerical\agendas\(090507):doc (09/05/07) Page 3 General Plan Amendment Resolution No. Reclassification Resolution No. Conditional Use Permit Resolution No. 3a. CEQA NEGATIVE DECLARATION 3b. GENERAL PLAN AMENDMENT NO. 2007-00456 3c. RECLASSIFICATION NO. 2007.00200 3d. WAIVER OF CODE REQUIREMENT 3e. CONDITIONAL USE PERMIT NO. 2007-05204 3f. TENTATIVE TRACT MAP Pd O. 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. Continued from the August 20, 2007, Planning Commission meeting. General Plan Amendment Resolution No. Reclassification Resolution No. Conditional Use Permit Resolution No. H:\d ocs\cl eri cal\agend as\(090507 ). d oc Request for continuance to October 29, 2007 Project Planner: (ethienQanaheim.oet) (09/05/07) Page 4 4a. CEQA NEGATIVE DECLARATION 4b. WAIVER OF CODE REQUIREMENT Request for continuance 4c. CONDITIONAL USE PERMIT NO. 2007-05209 to October 1, 2007 4d. ZONING CODE AMENDMENT NO. 2007-00063 Owner: Brandon Rainone Outer Spring Volcano LP 3364 East La Palma Avenue Anaheim, CA 92806-2814 Agent: Brandon Rainone 3364 East La Palma Avenue Anaheim, CA 92806 :Location: 3364 East La Palma Avenue: Property is approximately 2.8 acres, having a frontage of 252 feet on the north side of the Riverside (SR-91) Freeway, a maximum depth of 524 feet, and is accessed via a 652 foot long, 32 foot wide ingress/egress easement on the south side of La Palma Avenue, 1,240 feet east of the centerline of Shepard Street. Conditional Use Permit No. 2007-05209 -Request to remodel an existing bowling facility including an expansion for a management office, four telecommunications towers and two electronic reader board signs with waivers of (a) floor area ratio, (b) minimum number of parking spaces, (c) maximum number of freeway-oriented signs, and (d) maximum size of a freeway oriented wall sign. Zoning Code Amendment No. 2007-p0063 -Request to amend the sign code to permit marquee or electronic reader board signs in conjunction with bowling and billiards facilities with other uses subject to a conditional use permit. Continued from the May 30, June 25, and the July 23, 2007, Planning Project Planner. (ethienQanaheim.net) ('.Omm1S$IOn meeting. Conditional Use Permit Resolution No. Zoning Code Requirement Resolution No. H:\docs\clerical\agendas\(090507).doc (09I05I07) Page 5 5a. 5b. 5c. Agent: EMI ATTN: Rod Wilson 4737 West 156`" Street Lawndale, CA 90260 Location: 1303-1371 North Euclid Street: Property is approximately 6.42 acres and is located at the northwest corner of Medical Center Drive and Euclid Street. Request to amend conditions of approval to permit afreeway-oriented electronic readerboard sign in conjunction with an existing automotive dealership with waivers of (a) minimum lot size for an automotive dealership to permit afreeway-oriented sign (b) maximum area for the face of sign, (c) maximum permitted height of afreeway-oriented sign.' 'Advertised as "within 300 feet of single-family residential". Continued from the July 23, 2007, Planning Commission meeting. Conditional Use Permit Resolution No. 6a. CEQA NEGATIVE DECLARATION 6b. WAIVER OF CODE REQUIREMENT 60. CONDITIONAL USE PERMIT NO. 2007-05243 Owner: The Zachary Taylor Tedicin Trust John Pedicini P.O. Box, 15033 Newport Beach, CA 92659-5033 Agent: John Pedicini 20051 Cypress Street Newport Beach, CA 92660 Location: 1841 West Lincoln Avenue: Property is approximately 0.9-acre and is located at the northwest corner of Lincoln Avenue and Crescent Way. Request to expand an existing commercial retail center and to establish land use conformity with waiver of minimum landscape setback abutting a residential zone boundary. Conditional Use Permit Resolution No. H:\docs\clerical\agend as\(090507 ): d oc Request for continuance to October 1.2007 Pro%ect Planner.• (kwong2Oc anaheim.net) Pro%ect Planner.• (kwong2@anaheim.oet) (09/05107) Page 6 Owner: Price-James Company 110 N. Wacker Drive Chicago, IL 60606 7a. 7b. Owner: Crescent Southern Baptist Church 622 North Gilbert Street Anaheim, CA 92801 Agent: Howard Osborn 622 North Gilbert Anaheim, CA 92804 Location: 622 North Gilbert Street: Property is approximately 1.89 acres., having a frontage of 124 feet on the east side of Gilbert Street and is located 334 feet north of the centerline of Crescent Avenue Request to amend a conditional use permit to allow grades K-12 for a private school in an existing church. Conditional Use Permit Resolution No. Pmjecf Planner: (skoehmQanaheim.vet) Adjourn To Monday, September 17, 2007 at 1:00 P.M. for Preliminary Plan Review. H:\dots\clerical\agendas\(090507).doc (09/05/07) Page 7 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 2:00 a.m. August 30, 2007 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND U CIL DISPLAY KIOSK SIGNED: If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising pnly those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits and Variances will be final 22 days after Planning Commission action and any action regarding Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said .petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM PLANNING COMMISSION In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (714) 765-5139. Notification no later than 10:00 a.m. on the Friday before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Recorded decision information is available 24 hours a day by calling the Planning Department's Automated Tele hone S stem at 714.765-5139. H:ldocslclericallagendas\(090507).doc (09/05/07) Page S SCHEDULE 2007 September 17 October 1 October 15 October 29 14 (Wed) November 26 II December 10 II ~~ December 24 (Cancelled) ~~ H:\dots\clerical\agendas\(090507).doc (09105/07) Page 9 acem rvo. 1 G0.1fY p1'f'~ PPG p1VI510N pUR&Wp,REHp~SE Conditional Use Permit No. 2006-05101 TRACKING NO. CUP2007-05244 Requested By: ANAHEIM REDEVELOPMENT AGENCY 700 East South Street Subject Property Date: September 5, 2007 Scale: 1" = 200' Q.S. No. 94 10375 City of Anaheim PLANNING ®EI'Ai2'TI\/IENT Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of September 5, 2007. 1. REPORTS AND RECOMMENDATIONS: A. (a) CEOA NEGATNE DECLARATION (PREVIOUSLY-APPROVED) (b) CONDITIONAL USE PERMIT NO. 2006-05101 {TRACKING NO. CUP2007-05244) Agent: Anaheim Redevelopment Agency, 201 S. Anaheim Blvd., Anaheim, CA 92805. Location: 700 East South Street Requests a retroactive time extension to comply with conditions of approval for the following application: Conditional Use Permit No.2006-05101- to construct a 63 unit attached condominium complex with affordable units and a density bonus. wvnv.anaheim.net ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission does hereby determine that the previously-approved Negative Declazation is adequate to serve as the required environmental documentation for this request. Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission does hereby approve a retroactive extension of time to comply with the conditions of approval for apreviously-approved 63-unit attached condominium complex with affordable units and a density bonus for a period of two (2) years to expire on July 10, 2009, based on the following: (i) That this is the first request for an extension of time for the conditional use permit and would not extend the entitlement beyond the two extensions authorized by the Code. (ii) That there have been no changes to the General Plan and Zoning Code that would affect this project. No additional information or changed circumstances are present which would contradict the facts used to support the required findings for approval of this extension of time. (iii) That the property is being maintained in a safe, clean and aesthetically pleasing condition with no unremediated code violations on the property, as confirmed by an inspection of the property by the Community Preservation Division. Excetpt_CUP2006-5101 _time_ext_eyt.doc 200 South Anaheim Boulevartl P.O. Box 3222 Anaheim, California 92803 TEL (714) 76Y5139 Attachment - R&R 1-A RESOLUTION NO. PC2006-64 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05101 BE GRANTED (700 EAST SOUTH STREET) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit to construct a 63-unit attached condominium complex with affordable units and an incentive for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF DREYFUS AND GTHER LANDS, IN THE GTY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOUJN ON A MAP OF SUP,VEY MADE BY Vl'ILLIAM HAMEL AND FILED FOR RECORD IN LOS ANGELES COUNTI', A COPY OF \^~HICH 1S FILED IN THE OFFICE OF THE COUNTY P,ECORDER OF ORANGE COUNTY; GALIFDRNIA, ON PAGES 163 AND FOLLOWING OF BOOK 3. ENTITLED "LCS ANGELES COUNTI' RECGRDS" DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY PROLONGATION OF CENTERLINE OF GRANGE STREET, AS SHOWN ON SAID MAP OF SURVEY OF W{LL1AM HAMEL WITH THE SOUTH LINE OF THE ORIGINAL ANAHEINS, AS SHDWN ON MAP RECORDED IN BOOK 4, PAGES 629 AND 630 OF DE'cDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; THENCE SOUTH 74°30' WEST ALONG SAID LINE TO A LINE .DISTANT THEREON 210.00 FEET FROM AND PARALLEL WITH THE Vo'EST LINE OF THE ATCHISON, TOPEKA. AND SANTA FE RAIL'J•JAY COMPANY'S 50 FOOT S T RIP OP LAND DESCRIBED IN GEED TD THE CALIFORNIA CENTRAL RAIL\NAY COMPANY RECORDED MARCH 26, 1988 1N BOOK 4D7, PAGE ?35 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; THENCE SOUTHERLY ALONG SAID PARALLEL LINE TO A UNE DISTANT THEREON 660.00 FEET FROM AND PARALLEL WITH SAID SOUTH LINE OF THE "ORIGINAL ANAHEIM" THENCE EASTERLY ALONG SAID LAST MENTIONED PARALLEL LINE TO THE SAID PROLONGATION OF THE CENTERLINE OF ORANG= STREET, THENGE NORTHERLY ALONG SAID PRDLONGATtON TO THE POINT OF BEGINNING. EXCEPT THEREFROM ANY PORTION OF THE NORTH NOW INCLUDED IN SOUTH STREET, ALSO EXCEPT THEREFROM ANY PORTION INCLUDED WITHIN THE SAID ATGHISON, TOPEKA AND SANTA FE RAILWAY COMPANY'S LAN0. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 10, 2006 at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and that said hearing was continued from the June 26, 2006, Planning Commission meeting; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed request to construct a 63-unit attached condominium complex with affordable units and incentive is properly one for which a conditional use permit is authorized as a Planned Unit Development by Anaheim Municipal Code Section 18.32.030.120 with the following waiver: (a) SECTION NO. 18.40.090:060 Sound attenuation for residential develooments (65 dB CNEL required for recreational areas; 73 d6 CNEL proposed). Cr\PC2006-64 -1- PC2006-64 2. That the waiver of sound attenuation for residential development is hereby approved because the property has a narrow lot depth that would make it difficult to construct a multiple family project without the need for this sound attenuation waiver; .and the Agency proposes to establish a Quiet Zone at adjacent grade crossings thereby further reducing sound levels at the subject site. In addition, the height of the sound wall proposed is consistent with other sound walls approved in the area for residential projects. 3. That at least ten (10) percent of the total units will be allocated far moderate income households; therefore, the project would be in compliance with the density bonus provisions of State Law (Government Code Section 65915). 4. That the incentive pertaining to improvement of right-of-way is hereby approved because the applicant has submitted a density bonus application requesting this as an incentive pursuant to State Law (Govt. Cade Section 65915). State Law requires that one incentive be granted for projects that provide a minimum of at least ten (10) percent of the total units for moderate income households. This project provides affordable units for moderate income households for eleven {11) percent of its units. 5. That the proposed project is compatible with existing and surrounding land uses and maintains good overall project design. 6. That the project would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed because the site plan is well designed with adequate setbacks to the street and within the development. 7. That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner not detrmental to the particular area. 8. That the granting of this conditional use permit under the conditions imposed, would not be detrimental to the health and safety of the citizens of the City of Anaheim. 9. That modification to development standards would be compatible with existing and surrounding land uses and that the modifications from the Code allowed under the Planned Unit Development Ordinance (Chapter 18.06) would achieve a good project designed to preserve and enhance the neighborhood. 10. That the modification would allow for a development that exceeds the amount of recreational space required by code and promotes compatibility with surrounding development in a manner that would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed. 11. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW., THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: -2- PC2006-64 1. That the City of Anaheim Sewer Impact Mitigation fee for the Old Town Basin 8 Area shall be paid. 2. That all existing driveway approaches on South Street shall be removed and replaced with curb, gutter, parkway landscaping, and sidewalk. A Right-of-Way Construction Permit shall be obtained from the Public Works Department. Said information shall be specifically shown on plans submitted for building :permits. 3. That prior to issuance of a grading permit, the applicant shall submit to the Public Works Department, Development Services Division for review and approval a Water Quality Management Plan that: • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious .areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. • Incorporates Treatment Controt 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-tens operation and maintenance of the Treatment Control BMPs. 4. That prior to issuance of a certificate of occupancy, the applicant shall: Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP. • Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. • Submiffor review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 5. 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. 6. That gates shall not be installed across the driveway in a manner which may adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan No. 475 and shall be subject to the review and approval of the Planning Services Division prior to issuance of a building permit. 7. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval in confonnahce with the Engineering Standard No. 115 pertaining to sight distance visibility for the sign or wall/fence locations. 8. That plans shall be submitted to the Planning Services Division for review and approval showing conformance with the current version of Engineering Standard Plan Nos. 4028, 436 and 470 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 9. That no required parking area shall be fenced or otherwise enclosed for storage uses. 10. That ho compact parking spaces shall be permitted. 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 -3- PC2006-64 Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum 1-gallon size clinging vines planted on maximum 3-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 12. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approval. 13. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identity the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments. 14. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities Department. 15. That all existing water services and fire lines shall conform to curent Water Services Standards Specifications. Any water service and/or fire line that does not meet curent standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade onto abandon any water service or fire line. . 16. That all backfiow equipment shall be located above ground outside of the front setback area in a manner fully screened from all public streets and alleys. Any backflow assemblies curently installed in a vault shall be brought up to curent standards. Any other large water system equipment shall be installed [o the satisfaction of the Water Engineering Division outside of the front setback area in a manner fully screened from all public street and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. 17. That since this project has landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed and comply with Ciiy Ordinance No. 5349 and Chapter 10.19 of Anaheim Municipal Cade. Said information shall be specifically shown on plans submitted for building permits. 18. That prior to submitting water improvement plans, the developer shall submit a water system master plan, including a hydraulic distribution network analysis, for Public Utilities Water Engineering review and approval. The master plan shall demonstrate the adequacy of the proposed on-site water system td meet the project's water demand and fire protection requirements. 19. 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 in a form approved by the City Attorney shall be posted with the Ciiy of Anaheim. 20. That prior to rendering water service, the developer shall submit a set of improvement plans for Public Utilities Water Engineering review and approval in determining the conditions necessary for providing water service to the project. 21. That prior to application for water meters, fire line or submitting the water improvement plans for approval, the developer/owner shall submit to the Public Utilities Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall occur in accorlance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations. -4- PC2006-64 22. That the property owner/developer shall install street lights on South Street as required by the Electrical Engineering Division. Prior to issuance of a building permit, a bond for the installation of the street lights shall be posted with the City of Anaheim. The street lights shall be installed prior to occupancy. 23. That the property owner/developer shall provide the Ciry of Anaheim with a public utilities easement to be determined as electrical design is completed. 24. That any required relocation of City electrical facilities shall be at the developer's expense. Landscape and/or hardscape screening of all pad mounted equipment shall be required and said equipment shall be located outside of the easement areas. All electrical facilities that are located on the project boundary shall be relocated underground and all existing services that are fed from the overhead system shall be converted to underground at the expense of the developer. The developer shall provide 12Kv duct bank and substructures for electrical'backbonecircuhs per the electrical system design. The substructures shall require a ten (10) foot wide path through the proposed streets or a ten (10) foot wide easement on the property. Easements shall be required on the property for surface mounted switches that are integral to the electrical circuits. The developer shall install the duct bank, substructres, and provide switch easements as the new streets are installed. The Public Utilities Department shall specify the duct bank and easement configurations when a load schedule is available. The backbone circuits shall serve the electrical systems required for the individual buildings.. 25. That if required by the Urban Forestry Division of the Community Services Department, sheet trees shall be installed, by the property owner, within the public right-of--way adjacent to South Street. The size, type and number of trees shall be provided to the satisfaction of the Urban Forestry Division of the Community Services Department. Said information shall be specifically shown on plans submitted for building permits. 26. That it is the developer's responsibility to remove and/or relocate any traffic signal equipment or any other related item to the traffic signal at the developer's expense if the project requires street widening or modification of the driveway. 27. That the driveway closest to the railroad track on South Street shall function as a right-in and right-out access only. The striping on South Street shall be modified to prevent fuming movements. Said information shall be specifically shown on plans submitted for building permits. 28. That all air conditioning apparatus and other roof and ground-mounted equipment shall be properly shielded from view and the sound buffered from adjacent residential properties and the public right-of-way. Such information shall be specifically shown on the plans submitted for building permits: 29. That all dwelling units shall be assigned street addresses, and all private streets shall be assigned street names, by the Planning Department. 30. That the applicant shall agree to construct, operate and maintain the Affordable Units in accordance with a written "Affordability Agreement" between the applicant and the City, in a form acceptable to the Cily Attorney and Community Development Department, duly executed and acknowledged by the applicant and the City, and recorded against the subject property in the official records of Orange County, California. The Affordable Units shall be subject to the requirements of the Affordability Agreement for a period of fifty-five (55) years, beginning on the date a certificate of occupancy is granted far the Affordable Units. 31. That the entire property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 32. 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. -5- PC2006-64 33. That final building elevation plans shall be submitted to the Planning Services Division for Planning Commission review and approval as a Reports and Recommendations item. 34. That final landscape and fencing plans for the subject property shall be submitted to the Planning Department for review and approval. Said plans shall show minimum 24-inch box size trees, 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 either the parkway or the planter area. Any decision made by the Planning and Community Development Departments regarding said plan may be appealed to the Planning Commission as a Reports and Recommendations item. All trees shall be properly and professionally maintained by the properly owner to ensure mature, healthy growth. Such information shall be specifically shown on the plans submitted for building permits. 35. That the approval of Conditional Use Permit No. 2006-05101 is hereby granted subject to the approval of, and finalization of, Reclassification No. 2006-00175, now pending. 36. That the property owner shall submit a letter to the Planning Department requesting termination of Variance No. 2236 (waiver of minimum height and permitted location of a freestanding sign). 37. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 10, and as conditioned herein. 38. That prior to issuance of a grading permik, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition No. 3, above mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.17p. 39. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 5, 6, 7, 8, 11, 12, 13, 16, 17, 19, 22, 25, 27, 28, 29, 30, 33, 34, 35 and 36, above-mentioned, shall be complied with. Extensions for further time to complete said conditions maybe granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 40. That prior to final building and zoning inspections, Condition Nos. 4, 14, 15, 22, 23, 26 and 37, above-mentioned, shall be complied with. 41. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and 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 42. 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 43. Prior to the issuance of the first building permit, improvements to the twenty-four (24) inch sewer line in Ball Road east of Interstate 5 shall be complete. Improvements include slip lining the reach to lower flow depth to acceptable level. Costs for the improvements will not be credited to required sewer fees. 44. Prior to final building and zoning inspections, the private street shall be painted red, as required by the Uniform Fire Code, to the satisfaction of the Planning and Fire Departments. 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 -6- PC2006-64 invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. "" BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 16 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July 10, 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 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 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 July 10, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, ROMERO, VELASOUEZ NOES: COMMISSIONERS: 'NONE ABSENT: COMMISSIONERS: KARAKI IN WITNESS WHEREOF, I have hereunto set my hand this day of 2006. (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -7- PC2006-64 IVO. IC I WAREHOUSING AND STORAGE WAREHOUSING ANO STORAGE I RCL 99-00-15 RCL 54-55-42 CUP 1455 VAR 4123 WAREHOUSING AND STORAGE I (PTMU) RCL 2004-00129 RCL 99-00-15 RCL 66-67-14 RCL 54-55-02 RCL 55-56-19 CUP 2185 CUP 1971 VAR 4304 VAR 3146 S DAG 2005-00007 FSP 2005-00006 UNDER CONSTRUCTION BAKERY DISTRIBUTION I BAKERY DISTRIBUTION UNDER CONSTR. WRIGHT CIRCLE UNDER CONSTRUCTION T,.~ a a^idy9~e ZOn a I (PTMU) FSP 2007-00006 FSP 2004-00007 DAG 2005-00003 UNDER CONSTRUCTION I (PTMU) RCL 2004-00129 RCL 99-00-15 RCL 66-67-14 RCL 54-55-42 RCL 55-56-19 VAR 3775 DAG 2005-00003 DAG 2005-00002 DAG 2005-00001 T-FSP 2007-00012 ^R ~A, RCL 99-00-15 RCL 55-56-19 RCL 54-55-02 SCUP 3516 I (PTMU) RCL 20D4-00129 RCL 99-00-15 RCL 55-56-19 RCL 54-55-42 RCL RCL I (PTMU) RCL 99-00-15 ~ RCL 55-56-19 RCL 54-55-42 I RCL 99-OD-15 RCL 66E7-t4 RCL 54-55-02 RCL 55-56-79 TILE - STORE.... I (PTMU) ~ RCL 99-00.15 RCL 55-56-19 I (PTMU) RCL 54-55-42 RCL 99-00-15 IND. FIRMS RCL fib-57-14 RCL 55-56-19 RCL 54-55-42 WRIGHT CIRCLE I (PTMU) RCL 99-00-15 RCL 66-67-14 RCL 55-56-19 RCL 54-55-02 T-CUP 2004-04939 CUP 2004-04906 CUP 3366 CUP 2662 CUP 1427 VAR 4129 DAG 2004.00002 STADIUM LOFTS Platinum Triangle Mixed-Use Oveday Zone I (PTMU) RCL 99-00-15 RCL 66-67-14 RCL 55-56-19 RCL 54-55-42 CUP 1427 BANK _-_-_-f® °236'=~~m ___ .. KATELLA AVENUE ® m®e~ Ig/e I PTMU iy Zone RRC~9300.758 Ra 2m~4oblxB RCL 6687-14 R0. swats UNDER UNDER Ra ecs7a~ RCL 565]-93 Rd6657! CONSTRUCTION CONSTRUCTION cuP 1652 cuPaeas CUP 1587 CUP 4475 OVP U)o / ADJ 2003-00236 vnR 2676 1Ra7aT7: (/',\ (RCL 70.71.34) DAG 87-01 (cuP ZOR~osn7) , PrMV ~ FSP 2007-00006 (cuP t43z~ Rc~lem4abt:e p~ FSP 2006-00005 N"w 7~D ) -~ n ~L aa9°ni±i \ N ALL PROPERTIES ARE IN THE PLATINUM TRIANGLE. ® Platinum Tnai Mixed-Ui a Ovel I (PTMU) RCL 2004.00129 UNDER RCL 99-00.15 RCL 67-BB-14 :ONSTRUCTION RCL 66-67-14 Final Site Plan No. 2004-00007 TRACKING NO. FSP 2007-00012 Requested By: JAMES W FARMER 1761 and 1781 South Campton Avenue Date: September 5, 2007 Scale: 1" = 200' Q.S. No. 107 10376 Subject Property City of Anaheim PL,AMNIIVG DEI'AI2T'MEN'I' Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of September 5, 2007. 1-B. (a) CEOA MITIGATED NEGATIVE DECLARATION (PREVIOUSLY APPROVED) (b) FINAL SITE PLAN NO.2004-00007 (Tracking No. FSP2007-00012) Agent: James Farmer Chandler Partners 4116 West Magnolia Boulevard, Suite 203 Burbank, CA 91505 Location: 1761 and 1781 South Camnton Avenue Determination of substantial conformance with previously-approved exhibits to modify elevations fora 196-unit podium building condominium project within the Platinum Triangle. www.anaheim.ne~ ACTION: Commissioner SLY offered a motion, seconded by Commissioner A'YX and MOTION CARRIED, that the Anaheim Planning Commission has reviewed the proposal to determine substantial conformance for modifications to previously- approved exhibits fora 196-unit podium building condominium project within the Platinum Triangle and does hereby determine that the previously-approved Mitigated Negative Declazation and Mitigation Monitoring Plan No. 128 serve as adequate environmental documentation for this request. Commissioner XKY offered a motion, seconded by Commissioner ~ and MOTION CARRIED, that the Anaheim Planning Commission has reviewed the request for substantial conformance, and does hereby determine that the revised plans are in substantial conformance since the revised exhibits substantially conform to the approved exhibits and the findings of the original approval. The modifications would also enhance the design and livability of the project. FSP2004-00007 20B South Anaheim Boulevard P.e. Box 3222 Anaheim, California 92803 TEL (714) 765-5139 Attachment - R&R 1-B RESOLUTION NO. PC2005-75 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION RECOMMENDING CITY COUNCIL APPROVAL OF DEVELOPMENT AGREEMENT NO. 2005-00003 BY AND BETWEEN THE CITY OF ANAHEIM AND BRE PROPERTIES, INC., AND MAKING CERTAIN FINDINGS RELATED THERETO. WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7 (commencing with Section 65864) of the Government Code of the State of California (hereinafter the "Statute") authorizes a city to enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property as provided in said Statute; and WHEREAS, upon request of an applicant, cities are required to establish procedures and requirements by resolution or ordinance for the consideration of development agreements; and WHEREAS, the City of Anaheim (hereinafter the "City") heretofore on November 23, 1982, enacted Ordinance No. 4377 (hereinafter the "Enabling Ordinance") which makes the City subject to the Statute; and WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the City heretofore on November 23, 1982, adopted Resolution Nc. 82R-565 (hereinafter the "Procedures Resolution") establishing procedures and requirements for the consideration of development agreements upon receipt of an application by the City; and WHEREAS, on May 25, 2004, the Anaheim City Council approved General Plan Amendment No. 2004-00419 setting forth the City's vision for development of the City of Anaheim ("General Plan Amendment"), and certified Final Environmental Impact Report No. 330, adopting Findings of Fact and a Statement of Overriding Considerations, and associated Mitigation Monitoring Plans ("FEIR No. 330"), in conjunction with its consideration and approval of the General Plan Amendment, amendment of the City's zoning code, and a series of related actions; and WHEREAS, the General Plan Amendment sets forth a vision for development of Mixed Uses, Office High, Office Low, Industrial and Institutional land uses within an approximately 820-acre area generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the west, and the Southern California Edison Company Easement on the north {"hereinafter referred to as The Platinum Triangle"); and WHEREAS, in order to carry out the goals and policies of the General Plan for The Platinum Triangle, on August 17, 2004, the City Council adapted Resolution No. 2004-177, approving The Platinum Triangle Master Land Use Plan, setting forth the new vision for The Platinum Triangle; and WHEREAS, to further implement the goals and policies of the General Plan for The Platinum Triangle and pursuant to the procedures set forth in Chapter 18.76 of the Anaheim Munic(pal Code, on August 24, 2004, the City Council adopted Ordinance No. 5378 amending Title 18 of the Anaheim Municipal Code to establish zoning and development standards for the Platinum Triangle Mixed-Use (PTM'U) Overlay Zone (the "PTMU Overlay Zone") and Ordinance No. 5936, amending the zoning map to reclassify approximately three hundred and seventy-five acres within The Platinum Triangle into the PTMU Overlay Zone as depicted in The Platinum Triangle Master Land Use Plan to provide opportunities for high quality: well-designed development projects that could be stand-alone projects or that combine residential with non- residential uses including office, retail, business services, personal services, public spaces and uses, and othercommunity amenities within the area; and WHEREAS, the PTMU Overlay Zone requires an approved Final Site Plan and a Development Agreement between the property owner and the City of Anaheim to implement all development in the Katella, Gene Autry and Gateway Districts of the PTMU Overlay Zone, except as otherwise exempt under the Code; and Cr\PC2005-075 -1- PC2005-75 WHEREAS, on August 17, 2004 the City Council adopted Resolution No. 2004-179, approving the form of the Standard Development Agreement for The Platinum Triangle PTMU Overlay Zone;....... and WHEREAS, in connection with adoption of The Platinum Triangle Master Land Use Plan, the PTMU Overlay Zone, and the form of the Standard Development Agreement for The Platinum Triangle, the City Council by motion, as lead agency for the proposed actions, determined that FEIR No. 330 and the associated Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle, were in compliance with CEQA and the state and City CEQA guidelines and were adequate to serve as the required environmental documentation for said actions based upon findings set forth in said motion; and WHEREAS, on December 23, 2004, pursuant to the Statute, the Enabling Ordinance, and the Procedures Resolution (hereinafter collectively referred to as the "Development Agreement Law"), BRE Properties, Inc. ("Applicant"), submitted an application to the Planning Department for approval of Development Agreement No. 2005-00003 (the "Application"), which included a proposed development agreement (hereinafter referred to as the "Development Agreement") prepared in conformance with the Standard Development Agreement for The Platinum Triangle to vest certain project entitlements and address the implementation of the Stadium Park Residential Project; and WHEREAS, the Development Agreement pertains to a portion of 14.46 acres of real property in the City of Anaheim (4.25 acres), equitably owned by the Applicant, commonly known as 1515 East Katella Avenue (the "Property"), which is located in The Platinum Triangle and zoned PTMU Overlay (Katella District), and more particularly shown and described on Exhibit "A", which is attached .hereto and incorporated herein by this reference; .and WHEREAS, Applicant desires to develop the Property in accordance with the provisions of the Development Agreement by developing a multiple family residential project consisting of 255 residential dwelling units and an 521 space parking structure, as more particularly set forth in Final Slte Plan No. 2004- 00007 and Tentative Tract Map No. TTM 16831 (hereinafter collectively referred to as the "Project"); and WHEREAS, on April 5, 2005, the Planning Director approved Final Site Plan No. 2004- 00007 to provide for the development of the Stadium Park Residential Project, contingent upon the approval of Tentative Tract Map No. TTM 16831 and Development Agreement Nos. 2005-00001, 2005-00002, and 2005-00003, by the Planning Commission and City Council; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 18, at 6:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said Development Agreement and Tentative Tract Map No. TTM 18831 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Applicant has demonstrated that the Project meets the eligibility requirements of the Procedures Resolution to enter into the Development Agreement by showing that, upon completion, the Project will result in the construction of 255 dwelling units and a 521 space parking structure within a period of not more than five (5) years; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of and based upon all of the evidence and reports offered at said hearing, does find and determine that the Development Agreement meets the following standards set forth in the Procedures Resolution: 1. That the Project is consistent with the City's existing General Plan in that it is in conformance with the General Plan Mixed Use land use designation and with the goals, policies and objectives for The Platinum Triangle as set forth in the General Plan. 2. That the Project is compatible with the uses authorized in and the regulations prescribed for the applicable zoning district in that the Project is in compliance with the PTMU Overlay Zone requirements as set forth in Final Site Plan No. 2004-00007, which was approved by the Planning Director, and -2- PC2005-75 Tentative Tract Map No. TTM 16831, which was approved by the Planning Commission on April 18, 2005. 3. That the Project is compatible with the orderly development of property in the surrounding area in that it is in conformance with and implements The Platinum Triangle Master Land Use Plan and the PTMU Overlay Zone requirements. 4. That the Project is not otherwise detrimental to the health .and safety of the citizens of the City of Anaheim. 5. That the Development Agreement constitutes a lawful, present exercise of the City's pclice power and authodty under the Statute, the Enabling Ordinance and the Procedures Resolution. 6. That the Development Agreement is entered into pursuant to and in compliance with its charter powers and the requirements of Section 65887 of the Statute, the Enabling Ordinance and the Procedures Resolution. 7. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the Development Agreement in conjunction with the proposed Tentative Tract Map No. TTM 16831; and did find and determine, by motion, pursuant to the provisions of the Califomia Environmental Quality Act ("CEQA"), based upon its independent review and consideration of an Initial Study conducted pursuant to CEQA for the Development Agreement and Conditional Use Permit, 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 FEIR No. 330 previously certified by the City Council for the Amended General Plan and related projects, together with the Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle, and a Mitigated Negative Declaration for the Proposed Development Agreement and the Proposed Project, together with Mitigation Monitoring Program No. 128, as amended at the public hearing to include a mitigation measure pertaining to the I<atella Avenue sewer line, are adequate to serve as the required environmental documentation for this Development Agreement and Conditional Use Permit and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Development Agreement. 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. NOW, THEREFORE, BE IT RESOLVED that based upon the aforesaid findings and determinations, the Anaheim Planning Commission does :hereby recommend to the City Council the approval of the Application and the Development Agreement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 18, 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 -3- PC2005-75 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on April 18, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, PEREZ, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE VACANT: COMMISSIONERS: TWO VACANCIES FN WITNESS WHEREOF, I have hereunto set my hand this day of 2005. (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION -4- PC2005-75 Item No. 2 ° a u EAc R6-2 1D EACH PASO ROBLES DR RS-2 1 U EACH = ' N ¢ T (MHP) ul w RCL 82-83-28 RS-2 ~ O CUP 1150 1 DU EACH ~ CUP 557 CUP 60 CUP 42 MOBILE HOME PARK OLINDA LN w R -2 ¢ AREA A 1 DU EAC = Z RS-2 H ~ ~ - - RCL 2006-00190 ~ C7 CUP 2006-05175 = 0 2 - TTM 17139 RS-2 •- ~ U ~ GPA 2007-00460 10U EA H ~~`- 1DU 0 LINDACITA LN _ _ ~ ~ ARFA B RCL 00.91-20 ~ T{MHP) ( ~ LCUP 2003-04690 cuP ZOOZ-oasts s S-2 tr2, 1 DU EAC p ` RCL 2006.00190E ~ RCL 62-83-28 CUP 3591 y9o2 61~ C- JP 959 UP ~ ' p p RCL 51 Je ~ ~ CUP 2006-05175. c o~ z 6 T-CUP 20 °'~ TTMA 138 ya 9s pcP 1oo3j4 CUP 200 U fr tJ CUP RS-3 ~ FOO ~ S CUP RCL 65-6696 OG RCL374-36 CUP (Res. of Intent to RS-7200) CUP 2002-04516 CUP ~ 1 U E CH T-CUP 2003-04698 CUP ~ CUP 3677 CUP Q CUP 3591 CUP F CUP 3379 WESTA w Z J CUP 2473 MEDICAL O ~ ° ~ CUP 1717 vN CUP 1656 m T ~~~ m WESTANAHEIM T ~> O MEDICAL CENTER C-L 1 DU _ V-115 1 DU O RC 200fi-00 82 U r~ CU 200fi-0 130 RCL 77.7a81 CUP 257 GUP 155a 20U VAR 3027 PHYSICAL THE PY ORANGE AVENUE ~S W RCL 7fi General Plan Amendment No. 2007-00460 (Area A) AREA A Date: September 5, 2007 Reclassi0calion No. 2006-00190 {Area A, Area B) Scale: 1 Inch equals 200 feet Conditional Use Permit No. 2006-05175 (Area A, Area B) p ;". 5 No 9 ~' . . . ;,j, AREA S Tentative Trao! Map No. 17139 (Area A, Area B) Requested ey: NATALIE IRAN OUYEN TRAN 237 South Beach Boulevard and 3100 West Lindacita Lane lozso 200 S. Anaheim Blvd. Suite#162 '. Anaheim, CA 92805 Tel: (7'14) 765-5'139 Fax: (714) 765-52a0. www.anaheim.net ITEM NO. 2 PLANNING COMMISSION AGENDA REPORT City of Anaheim PLANNING DEPARTMENT DATE: SEPTEMBER 5, 2007 FROM: PLANNING DIRECTOR SUBJECT: GENERAL PLAN AMENDMENT NO. 2007-00460, RECLASSIFICATION N0.2006-00190, CONDITIONAL USE PERMIT N0.2006-05175, TENTATIVE TRACT MAP NO. 17139 LOCATION: 3100 West Lindacita Lane (Portion A) and 237 South Beach Boulevazd (Portion B). APPLICANT/PROPERTY OWNER: Mertco/Natalie and Quyen Tran. REQUEST: The applicant requests approval of the following applications to construct nine (9) single-family residences: (a) General Plan Amendment No. 2007-00460 -The applicant requests withdrawal of this request. (b) Reclassification No. 2006-00190 -Request to reclassify Portion B from the Transition (T) zone to the Single-Family Residential (RS-4) zone and to remove the Mobile Home Pazk (MHP) Overlay Zone. (c) Conditional Use Permit No. 2006-05175- Request to construct a 9-unit detached single-family residenrial subdivision with waiver of improvement of a private street and minimum lot azea. (d) Tentative Tract Map No. 17139 - Request to establish a 10-unit detached single- family subdivision for Portions A and B: RECOMMENDATION: Staff recommends that the Commission continue this request to the September 17, 2007Plamming Commission hearing for staffto workout site plan issues on the revised plans with the applicant.. BACKGROUND: This hearing was continued from the June 11, June 25, July 9, 2007, and August 20, 2007, Planning Commission meetings.. The most recent continuances were to allow the applicant to revise the plans to address the concerns expressed at the public hearings. The application was deemed complete in May 2007; therefore, a decision would need to be made by November 2007. GENERAL PLAN AMENDMENT NO. ?007-00460 September 5, ?007 Page?of2 Staff and the applicant request a continuance to the September 17,.2007. Planning Commission meeting to work out site plan issues with the reprised plan. Respectfully submitted, Concurred by, - :~ ~~ Acting Principal Planner Planning Director Hero rvU. ~ SENIOR APARTMENTS RM-4 116 DU RCL 62-63-60 RM-4 CUP 346 RCL 7471-31 RCL 65-66-117 LINDALE VILLA {Res of Int tG RM-1200) R 6 APARTMENTS VAR 796 RCL 59-60-62 NORMANDY BEL AI MANO 86 DU APARTMENTS VAR 2232 I~PAR ME RM~ 70 DU 6S DU RCL 67-66-35 FG VAR 374 C"~' RCL 6465-Ofi C-G - RCL 56-57-15 RCL 5&57-15 RCL 59-60-62 C-G CUP 2526 CUP 2695 CUP 495 RCL 56-57-41 GUP 554 CUP 916 VAR 1147 5 CUP 2220 SMALL SHOPS SERVICE VAR 3702 STATION SMALL SHOPS West Anaheim Commercial Corridors Redevelopment Project '®'®'®' LINCOLN AVENUE RM-0 3 RCL ]&]6-06 & r VAR 2612 GG C~ CG RCL GG (MHPI RCL 63.61-]6 qG m C-G CUp RCL RCL 63b4-100 RCL ' RCL 61.62-66 Ed ~ RCL 2!102-046]/ 1O G ]1-]2-06 59fi0S3 CUP fi0E1-107 CUP 192 ¢ Q 63E4A0 RE6TAURAM CUP 2904 CUP 27fi5 2004-04B30 T CUP 2033 von aril 1 u> CUP 3452 io CUP 340 ANAHEIM CUP 4111 GUP 246 vnR IIIS L 4 DU EACH ¢ X61-12 ESTAURAN NATIONAL CUP 1292 PDJ 0169 VAR 2043 ,~ ]a„ ~ CUP 1433 CL W INN ((CUP 3933 BUDDH6~ 9uaA"CE FGENCV RCL fi364-ED ~ TEMPLE RM-0 RCLfi6fi1-12 RGL 70.71-16 6MALL 6HDP5 IZ VAR 2207 _~-0. ., `. L~ „ T M a T ,]M] : `:"RCL 200]-00200' RCL 84-86-23 { o RM-0 ILLA DEL SOL ; :cup 2oo7-0sz6a -: ~ J 75-76-16 PARTMENTS vAR 3469 , ' „?apa z6m-064r,~ -,~ Q T(MHP) 63-64-76 207 DU 1 ou EACH ( ~ ~ RCL 82-83-26 RCL 61-62-66 241 ~ CUP 2006-05066 CUP 192 RM-3 CUP 2033 VAR 1656 _ RCL z6o4-0B123 ._ CUP 35 VILLA SAMOA _, 7.cuP2oa4-04e93 _ APTS cup z6o4n4efis MOBILEHOME PARK TOWNHOME6 46 DU to DU RCL B ~aB Mobile Home Park Overlay Zane RM-0 VAR 3283 WESTDALEAPTS T((MHP) RCL 07-86-43 is Du RCL 88AS49-- _ _-GUP 3059 T SCHWEITZER ELEMENTARY SCHOOL General Plan Amendment No. 2007-00456 Reclassification No. 2007-00200 Conditional Use Permit No. 2007-05204 Tentative Tract Map No. 17047 Requested ey: LA VUE LLC 121 and 131 South Dale Avenue ~-2 ~ RS-2 VAR 1979 1 DU FACH 1 TOLAAVE _YDUy ~ RS-2 D- ~-2 g 1 DU EA II RCL 6]-fi&T2 iVARE9 67 H ~ ~ '''.,. Subject Property Date: September 5, 2007 Scale: 1" = 200' O:S. No. 13 10352 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92605 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ................... ITEM N0.3 PLANNING COMMISSION AGENDA REPORT City of Anaheim PLANNING DEPARTMENT DATE: SEPTEMBER 5, 2007 FROM: PLANNING DIRECTOR SUBJECT: GENERAL PLAN AMENDMENT NO. 2007-00456 RECLASSIFICATION NO. 2007-00200 '.' CONDITIONAL USE PERMIT NO. 2007-05204 TENTATIVE TRACT MAP NO. 17047 LOCATION: 121 and 131 South Dale Avenue APPLICANT/PROPERTY OWNER: 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 Comdor 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 standazds 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 October 29, 2007, Planning Commission meeting as requested by the applicant; BACKGROUND:. This property is currently developed with two single-family residences and is zoned Multiple-family Residential (RM-4). The General Plan designates this property and pTOperties to the north :and south for Comdot• Residential ]and uses. Properties to the west and east aze designated for Medium Density Residential land uses and Low-Medium Density Residential land uses, respectively. GPA2007-00456 September 5, 2007 Page 2 0(2 This item was continued from the August 20, 2007, Planning Commission hearing to allow more time for the applicant to work with staff on issues relating to the requested General Plan Amendment: The applicant has requested a continuance to the October 29, 2007 Planning Commission meeting to continue to'work out issues relating to the requested General Plan Amendment. Respectfully submitted, Concurred by, ~, t _ t Acting Principal Planner Planning Director Attachments' L Continuance Request Attachment -Item Mo. 3 August 28, 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 October 29, 2007 Planning Commission meeting. Additional sewer analysis needs to be conducted as part of the General Plan Amendment request. Best regards, Max Ebrahimzadeh Item rvo. w 9P 9467-ib (iGl 59.6D-82 p,5&6~CHNCLOGY PNPHEI CENjE3 DP 6a w.ai-m4 6P 94,1 OP 67-t4 RCS b2691t1 RC GUP o~1PL SEpV1GE5 ARPEN ~NUE 6P 9 j1 PC 916 fiyt~tl 0.C ~~p 1Z VPAEN,EN7 PMT ptER SP 94-1 DA 3 RCL 6G67-14 RCL 87-B2-fi9 (1) CUP 1546 VAR 200fi4)46BD SMALL IND. FIRM RCL 67-fi 69(1) ( CUP 1546 6MALL IND.' FIRM ( ~PPP~"M Pv,~ SP 94-1 DA 3 RCL B7-BB-39 RCL fib-67-74 RCL 60-51-703 CUP 3124 VAR 3764 VAR 4070 SMALL IND. FIRM SP 9F1 DA 3 sP 9a1 DAs RCLHi-8839 RCL 6981-103 CUP 390] CUP 3]91 VAR4 70 VAR 3154 COMM. BUS. VPR% RCL 91-92-03 ~ 26q' ~~ CUP 1546 CUP y939 ~ `^/AY (SR.9~) RIVERSIDE FRE V/ 6P 94-t DA 5 RCL fib-fi7-14 RCL 60-61-103 CUP 3788 ELECTRONIC6 STORE FROG-~EF~` SS 4"°~~P o005 51~ D "`/r<wn` CUP Y SP~p41 ..r, ALL PROPERTIES ARE IN THE ALPHA (NORTHEAST AREA) REDEVELOPMENT AREA Conditional Use Permit No. 2007-05209 Requested By: BRANDON RAINONE 3364 East La Palma Avenue ions Subject Property Date: September 5, 2007 Scale: 1" = 200' Q.S. No. 145 200 5. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 7fi&5139 ', Fax: (714) 765-5280 www.anahelm.net City of Anaheim PLANNING DEPARTMENT: SATE: sEgTllv~~x s, 200 i'Iaol+~: PLarnvliv~ ~~cTOR SUI;.IECTc CONDITIONAL. USE PERMIT N0.2007-05209, WAIVER OF CODE REQUIREMENT, ZONING CODE AMENDMENT NO. 2007-00063 LOCATION: 3364 East La Palma Avenue -Concourse Bowling. APPLICANT/PROPERTY OWNER: Brandon Rainone with Outer Spring Volcano is the property owner and applicant. REQUEST: The applicant requests approval of a conditional use permit to remodel an existing bowling facility including an expansion fora management office and permit telecommunications towers with waivers of minimum number of pazking spaces, maximum letter height for a wall sign, maximum floor area ratio and maximum size and 'quantity offreeway-oriented wall signs.: The applicant also requests a Code amendment in order to include bowling alleys in the "Recreation -Indoor" land nse category. RECOMMENDATION: Staff recommends that the Commission, by motion, continue thisitem to the October 1, 2007, Planning Commission meeting. BACKGROUNDd This property is currently developed with a bowling facility and is located in the Northeast Area Specific Plan, Commercial Area (SP94-1, DA 5). The General Plan designates this property and property to the east for General Commercial land uses and properties to the north and west for Low Intensity Office uses. The property is bounded by the SR-91 freeway to the south. This item was continued from the May 30, June 25, 2007 and July 23, 2007, Planning Commission meetings to workout issues relating to the proposed electronic readerboard sign. Brandon Rainone, the property owner and business operator, has requested a continuance of this item to the October 1, 2007, Commission meeting in order to re- advertise the project and allow staff addifional time to analyze the requested Code Amendment. Respectfully submitt¢ed~, Concurred pby, g Acting Principal Planner Planning Director Attachment -Item No. 4 August 22, 2007 Dear Planning Commission and Staff, We would like to request an additional continuance on our submittal to the Planning Commission in order to present our plans on October 15`. While working towazd approval, The Concourse would like to be as accommodating as possible in response to staff's requests to develop broader criteria for our proposed readerboazd. If there is any uncertainty regazding this request, please feel free to contact me at your convenience. We appreciate your consideration, and look forward to your response. Kindest regards, Brandon Rainone Owner, Concourse Bowling Center Iva o .e..®..®..®..®..®..®e,®..e..®..m..®..®..m..e..®..®..®..®..®..®..m.,.®..®..®..®..®..®..®..®..o.. m,.. RIVERSIDE FREEWAY (SR-91) a ~ SU~~pN s ~ 10 ~', C-G ~ RCLC 79-90)18 '.. ~~ o m t„ GHPS~ p~. RCL 79-60-16 RCL 73-74~fi ~ ~ ~ GHEE RCL 737438 (Res. otlnt.bPC) ~~~,,.~ ~ w~ (Res. of Int. to PC) ~ RCL 73-7435 ~ o q T-CUP 2002-04659 ~~u ~.c ~ RCL 73-74-35 T--CUP 2[107-05221 ','~ "~ R ~~~ PS"~ CH y: CUP 3640 CUP 4177 x~~' z3'~ o pU ~ r ' CUP 2720 5 '"" m ~ CUP 1574 ~ NORTH(COU INTY TOYOTA ~'~ ~ ' ~` `~ RET REM ENT ACRLITY ,~r~ ~~~~'~~` rf~- ~~~ e~~cJ~ ~'~' ii ,," m x ~,~, ~t~J`,+2 ~ ai' ~~,~~ x~.~ ~ GATEWAY ~7 -?~.- r, " ~ , ~t~tGENT CARE- MEDICAL CENTER DRIVE ~® 517''-^---®I ac CUP 20 0 0. 0 4 202 CUP 2675 ~~~11^ ~^ ~ ~ C-G CUP 1920 U I I~ ~ RCUPt O6 W CUP 17W ~w IIIulil On CUP 17 W VAR 29225 VAR 3296 0:' STRIP MALL CI C-G VPR 1655 S H ~ ~ RCL 57-58-45 EMPLOYMENT rn CUP 200304778 AGENCY ~ CUP 1468 ~ RCL fi4-65-101 ~n ~MEDI6A LCENTE~ RC~U 1~~7~ W RcL Se-~-ioe ROMNEYA DRIVE cc RCL 69-70-17 KAISER PERMANENTE N Conditional Use Permit No. 4177 TRACKING NO. CUP2007-05221 Requested By: PRICE-JAMES COMPANY 1303-1371 North Euclid Street ii Subject Property Date: September 5, 2007 Scale: 1 " = 200' Q.S. No. 44 10321 200 S. Anaheim Bivd. Suite #162 Anaheim, CA 92605 Tel: (714) 765-5139 Fax: (714) 765-5280 vnvw.anaheim.net ITEM N®. 5 PLANNING C®IVIMISSI®N AGENDA REP®I~'I' City of Anaheim PLANNING DEPARTMENT SATE: sEl?T~n~I31J~ s, Zoo? FROM: PLANNING DIRECTOR SUBJECT: CONDITIONAL USE PERMIT N0.4377 (TRACHING NO. CUP2007-05221) LOCATION: 1303 - 1371 North Euclid Street: APPLICANT/PROPERTY OWNER: EMI /Price-James Company. REQUEST: The applicant requests to amend a condifional use pemut for apreviously- approved automotive sales dealership topermit afreeway-oriented electronic readerboard sign. RECOMMENDATION: Staff recommends that the Commission take the following action: (a) By motion, continue this item to the September 17, 2007, Planning Commission meeting. BACKGROUND: This property is developed with an automotive dealership, Miller Toyota, and is located within the General Commercial (C-G) zone and the General Plan. designates this property for General Commercial land uses. Properties to the east aze designated for Low Density and Corridor Residential land rases (single-family and multiple-family residentialuses). Properties to the southacross Medical Center Drive aze designated for Mixed-use land uses (medical offices). Properties to the west aze designated for Public Institutional land uses (Emerald Court Retirement Facility) and the Riverside Freeway (SR-91) is located north of the propertty. This item was continued from the July 23, 2007, Planning Commission meeting for the applicant to review the proposal to address the concerns expressed at the public hearing: The applicant has requested a continuance of this item to the September 17, 2007, Commission meeting in order to modify the request. Respectfully submitt/e?d, Concuned by, Acting Principal Planner Planning Director Item No. 6 I 1 SMALL INU. hIKMS -' t / F W W ~ RM-4 I ~ RCL 69-70-27 I RCL 5354-19 RCL 51-5: ~ RCL 53-54-19 RCL 53-54-19 CUP 27~ W VAR 2204 SMALL IND. FIRMS -0UP 24C J VAR 2141 STORAC -~ APARTMENTS ~ 104 DU ANAHEIM PLAZA REDEVELOPMENT AREA GG RCL 2066-00169 RM-3 RCL 92-9304 } I RCL 2006-00189 RCL 67-6326 Q RCL 72-73-27 ---- -_ RCL 92-93-04 RCL53-54-19 ~ SMALL IND. RCL 67-66-26 CUP 2667-65243 FIRMS ---- -- RCL 5354-19 CUP 3589 Z CUP 3569 CUP 3104 W I VAR 3815 CUP 3704 VAR 2476 U SMALL INDUST VAR 2476 VAR 2355 S W FIRMS VAR 2355 5 VAR 1945 5 Q. VAR 1945 5 7PM 2006-26 U I TPM 2006-26 SMALL SHOPS IND. FIRM TARGET m RCL 65.fi6-52 n a; ~ ~ G m @ R ~ CUP 3034 U~q c7m 4 ;~ ~ SMALL SHOPS 8 UE Jm n ` ~ ~ COMMERCIA OFFICES ~ rc~ " K U RCL 66-67-14 ~~t ~ Sµ4 SHOP LINCOLN AVENUE I ®-z36'-~{ ~~ C-G RpCJL 6p&69-53 S-2 U GG T o m RCL RESTA p7 1 DU EACH `" T CL 99-9t-t ~ 6364-53 URANT ~ ~ = AR 1666 5 VAq 46Y RCL 64-65-36 (Res of Inl ~ ~ " UP 200 ~ W VAR 462 VAR 3465 to CO) ~ ~ 04743 T a W ~ VAR 4668 ~ > VAR 1621 _CUP 206 O ~ VAR 1608 MEDICAL OFFICES (RCL 64651 RS- U N CENTER 364-119 C 0 3191 DU ACH w 3 ANAHEIM PLAZA REDEVELOPMENT AREA W CUP 569 O RS-2 CUP 244' VAR 919 S 1DU77EAC 631sa i6 2' --.t. ANAHEIf~ ~1 RS-2 m 5-2 EMBASSY AVENUE NCas°uiTe /\ RS-2 t DU EAC f/~\ 1 DU EACH 1 DU EACH RS-2 ~ 1 DU ~ACH I ~ II Conditional Use Permit No. 2007-05243 Subject Property Date: September 5, 2007 Scale: 1" = 200' Requested By: THE ZACHARY TAYLOR PEDICINI TRUST Q.S. No. 46 1841 West Lincoln Avenue 10361 ~ ,,. Date of Aerial Photo: Conditional Use Permit No. 2007-05243 Requested By: THE ZACHARY TAYLOR PEDICINI TRUST 1841 West Lincoln Avenue Subject Property Date: September 5, 2007 Scale: 1" = 200' Q.S. No. 46 10361 ............... ITEM NO. 6 PLANNING COMMISSION AGENIDA REPOIl2T 200 S. Anaheim Blvd, Suite #462 Anaheim, CA 92605 Tel: (714) 765-5139 Fax: (714) 765:5280 vvww.anaheim.net City of Anaheim PLANNING DEPARTMENT DATE: SEPTEMBER 5, 2007 FROM: PLANNING DIRECTOR SUBJECT.: CONDITIONAL USE PERMIT NO. 2007-05243 LOCATION: The propertys identified as 1841 West Lincoln Avenue. APPLICANT/PROPERTY OWNER: John Pedicini /The Zachary Taylor Pedicini Trust. REQUEST: The applicant requests approval of a conditional use permiYto expand an existing commercial retail center and to establish land use conformity,: The proposal includes a waiver to allow a five (5) foot landscaped setback adjacent to a residential zone where the Code requires a ten (10) foot setback. RECOMMENDATION: Staff recommends that the Commission take the following actions; (a) By'motion,'approve a CEQANegative Declazation (b) By resolution, approve`Conditional Use Permit No: 2007-05243. BACKGROUND: This property is developed with a commercial. retail center and is located within the General Commercial (C-G) zone: The General Plan designates this property and properties to the north, south, and west for Low-Medium Density Residential land usesc Properties to the east are designated for Industrial landuses. The property is located within the Plaza Project Redevelopment Area. Tentative Parcel Map No. 2006-265, a request to establish a 2-lot, residential and commercialsubdivision, was approved by the Planning Commission on November 27, 2006. The map was recorded on April 24, 2007:: This action'created this pazcel and separated it from the adjacent Tazget store. PROPOSAL: The applicant proposes an expansion of an existing commercial retail center by constructing two (2) additionalunits: This center was built before the code. required conditional use permits for commercial centers; therefore, a permit is requested now. The center was developed when development standards were different, so the landscaping within the pazking lot and setbacks do not meet current node requirements. CONDITIONAL USE PERMIT NO. 2007-05243 September 5, ?007 Page 2 of 2 The exisfing commercial center consists of four (4) units encompassing 5,000 squaze feet: The two (2} additional units would be 3,100 square feet fora total of six (6) units and 8,100 square feet. The new tenant spaces are intended for retail'and'full=service restaurant uses. The addition would match the existing architecture and elevations of the existing commercial center with some minor fagade improvements.. Please refer to the project summary chart attached to the staff report for proj ect details. ANAL~'SIS: Commercial retail centers consisting of two (2) or more commercial tenant spaces aze permitted in the Genera] Commercial Zone, subject to the approval ofa conditional use permit... The code requires a conditional use permit for commercial. centers to address issues such as the design of the building, consistency between tenant spaces, site layouYand usability and ability to accommodate operational needs of the .tenants such as deliveries. The proposed modification to the center is consistent to the existing building and provides adequate azeas for ingress and egress. The site has been operating without issues and the addition and site improvements would improve the aesthetics of the center:: There are also other commercial centers in the area'and this proposal would be compatible with surrounding land uses. Issue: Waiver of ntinimum landscaped setback The applicant proposes a five (5) foot andscape setback along the north and west property lines adjacent to a residential zone boundary, and ten (10) feet is required by the code. The property was recently subdivided im anticipation of residential development on the property to the north and west. As a part of the sales agreement between the property owners, the future residential development would provide a five (5) foot landscaped setback in addition to the minnnum landscape requirements to ensure an adequate landscaped buffer is provided between the commercial center and the new residential units (copy'attached). The intent of the code requirement is to ensure an adequate buffer between the commercial and residential uses for protection to the residences. Staff believes that the requested waiver is justified in thiscase because the minimum ten (10) foot landscaped setback requirement willstill beprovided between the two uses: The proposed retail and restaurant uses would be compatible with adjacent land uses in the area'and contribute to the services provided for the neighborhood and the new construction would revitalize anolder commercial center: This proposal brings the commercial center closer to compliance with current code requirements; therefore, staff. recommends approval of this request: Respectfully submitted, Concurred by, f ~_ Actmg Principal Planner Planning Director CONDITIONAL USE PERMIT NO. 2007-05243 '. September 5, 2007 !. Page 2 of 2 Atlachments• L Justification of Waiver Form 2. Purchase and Sale Agreement PI2tIJECT' SUMIVIAIb~' C®NDI'I'I®NAL USE PEI210~II'I' N®. 2007-05243 IDevelo went Sta®dard )Pro osed Pro'ect C-G Zone'Standards' Site Area 0.9 Acres NIA Farking 60 spaces 56 spaces Landscaping Setback Adjacent to Lincoln 5 feet* 15 feet Adjacent to Crescent 10 feet 10 feet Interior 5 feet** i0 feet Building Setback Adjacent to Lincoln 60 feet 15 feet Adjacent to Crescent 10 feet 10 feet Interior 55-73 feet 20 feet Floor Area Ratio .21 N/A Building Height 19 Feet 2~ Feet *Existing setbacks. **Waiver requested. [DRAFT] RESOLUTION NO. PC2007-*** A RESOLUTION pF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05243 BE GRANTED (1841 WEST LINCOLN AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 2 OF PARCEL MAP NO. 2006-265, AS SHOWN ON A MAP FILED IN BOOK 354, PAGES 32 AND 33 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 5, 2007, at 2:30 p.m., notice of said public hearing having been duly given as required bylaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, 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: That the proposed expansion of an existing commercial retail center and to establish land use conformity, is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.040.0402 (Commercial Retail Center) with waiver of the following: (a) SECTION NO. 18.08:060.010.0101 Minimum landscape'setback. (10 feet required; 5 feet proposed) 2. That the above-mentioned waiver (a) is hereby approved as the minimum 10-foot landscape setback requirement would be shazed between the subject property and the adjacent residential property to the north and west and therefore, an adequate buffer between the two uses would be provided. 3. That the proposed commercial retail center as conditioned herein would not adversely affect the adjoining land uses and the growth and development of the azea in which it is proposed to be located. 4. That the size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or the health and safety. Cr\PC2007-0 -1- PC2007- 5. That the traffic generated by the use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the design of the commercial building provides adequate parking on-site and adequate access from Lincoln Avenue and Crescent Way. 6. That granting this conditional use permit under the conditions imposed .will'not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. 7. That *** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission bas reviewed the proposal and does hereby approve the Negative Declazation upon finding that the declaration reflects the independent judgment ofthe lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Pennit, upon the following conditions which aze 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 the number of tenant spaces for this commercial retail center shall be limited to six (6). Said information shall be specifically shown on plans submitted for building permits. 2. That adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of dazkness and provide a safe, secure environment for all persons, property, and vehicles on-site. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 3. That 4-foot high street address numbers shall be displayed flat on the roof of the building in a color that contrasts with the roof material. The numbers shall not be visible from the streets or adjacent properties. Said information shall be specifically shown on plans submitted for building permits. 4. That trash storage azeas shall be maintained in a location acceptable to the Public Works Department and in accordance with approved plans on file with said Department. -2- PC2007- 5. That the project shall provide for accessible truck deliveries on-site. Said information shall be specifically shown on plans submitted for building permits. 6. That a final coordinated sign program for the entire center, including specifications for the monument sign and wall signs, shall be submitted to the Planning Services Division for review and approval as to placement, design, and materials. Said plans for the monument sign shall incorporate the material treatment and colors used on the building. The signage shall be designed to complement the architecture of the commercial retail center. Any decision by staff maybe appealed to the Planning Commission as a "Reports and Recommendations" item. 7. That all requests for new water services, fire hydrants, or fire lines, as well as any modifications, relocations, or abandonment's of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 8. That since this project has a landscaping common area exceeding 2,500 square feet; a separate irrigation meter shall be installed in compliance with Chapter 10.19 of the Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. 9. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.). 10. That any required relocation of City electrical facilities shall be at the developer's expense. 11. That plans shall be submitted to the Traffic and Transportation manager for his review and approval showing conformance with Engineering Standard No. 115 (10-foot radius curb returns for all driveways and sight distance visibility for the monument sign and wall location). 12. That any removal or relocation of any traffic signal equipment or any other related item to the traffic sign shall be at the developer's expense if the project requires street widening or new/modification of the driveway. 13. That plans shall be submitted to the Planning Services Division for review and approval in conformance with the current version of Engineering Standard Plan Nos. 436, and 470 pertaining to parking standards and driveway location. Subject property shall thereupon be developed and maintained in conformance with said plans. 14. That final elevation plans shall be submitted to the Planning Services Division for review. Said plans shall incorporate the use of stone material, detailed information pertaining to the materials and colors proposed, and detailed information pertaining to the quality and design of proposed lighting. Any decision by staff maybe appealed to the Planning Commission as a "Reports and Recommendations" item. -3- PC2007- 15. That lighting fixtures shall be down-lighted and directed away from nearby residential properties to protect the residential integrity of the area. Said information shall be specifically shown on the plans submitted for building permits. 16. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials.' Said information shall be specifically shown on the plans submitted for building permits. 17. That final landscape and fencing plans shall be submitted to the Planning Services Division for review and approval. The fencing plan shall incorporate an eight (8) foot high decorative block wall along the north and west property lines and broad headed evergreen trees planted ten foot on center. Said plans shall show 24-inch box size trees along Crescent Way, shrubs, groundcover, and clinging vines to be planted in layers on all walls visible from the public right-of--way and within landscape setbacks. The landscape material selected shall be appropriate to the width of the planter azea. Any decision made by the Planning Services Division regarding said plan maybe appealed to the Planning Commission as a "Reports and Recommendation" item. All trees shall be properly and professionally maintained by the property owner to ensure mature, healthy growth. Such information shall be specifically shown on the plans submitted for building permits. 18. That the property owner shall submit a letter requesting termination of Variance No. 2476 (waiver of (a) permitted uses, (b) minimum number of parking spaces to establish an outdoor lot for display and sales of mobile homes in conjunction with an existing shopping center), Conditional Use Permit No. 3589 (to permit an automotive repair and parts installation facility) to the Planning Services Division. 19. That the applicant shall abandon any City of Anaheim public utilities easements that conflicts with the proposed building footprint. Prior to final building and zoning inspections the following conditions shall be complied with: 20. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 3, and as conditioned herein. General Conditions: 21. That no video, electronic or other amusement devices shall be permitted on the premises. 22. That all public phones shall be located inside the building. 23. That no outdoor vending machines that are visible to the public right-of--way shall be permitted on the property. 24. That all trash generated from this commercial retail center shall be properly contained in trash bins located within approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be as frequent as necessary to ensure the .sanitary handling and timely removal of refuse from the property. The Community Preservation Division of the Planning -4- PC2007- Department shall determine the need for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid by the business owner. _ , 25. 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. 26. 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. 27. That timing for compliance with conditions of approval maybe amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 28. That extensions for further time to complete conditions of approval maybe granted in accordance with Section 18.60.170 of the Anaheim Municipal 29. 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 anybther applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find .and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. -5- PC2007- THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 5, 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. CHAII2MAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Moms, Senior Secretary of the ?.naheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on September 5, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS:. ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of .2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -6- PC2007- Irl~~{r;F€A `, SECTION 4 PETITIONER'S STATEMENT OF Attachment -Item AIO. 6 NSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: I ~ ~ t,J ~i ~ ~'O U. (Z' T1 ~ Ulm I ~ -. / ,~, ~ ,/ ~y~ { separate statement is required for each Code waiver)~~ ~ ' ~-` PERTAINING TO: (~Wt'tIRSC~-OjnG9 J'~!~7GfG~f ,,,)~~~ , Sections 18.03.040.030 and 18.12,060 of the Anaheim Municipal Code require that before any variance or Cade waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do no[ apply [o other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive a[ a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. Are [here special circumstances that apply to the property in matters such as size, shape, topography, location or surzoundings? _Yes ~ No. If your answer is "Yes," describe the specia] circumstances: 2. 3. /°C IIUW rrl~ lv RrVL .•j -t-ro01 U/' Do the special circumstances applicable to the pro deprive it properties located within [he same zone? _Yes ~No If your answer if"yes," describe the special circumstances: 4. Were the special cire stances created by causes beyond the control of the property owner (or previous property owners)? _Yes ~No The sole ose of any variance or Code waiver shall be to prevent discrimination, and no vaziance or Code waiver shall be approve hich would have the effect of granting a special privilege not shared by other property in the same vicinity end zone which is t otherwise expressly authorized by zone regulations governing su Iect operty. Use variances aze not permitted. G 2-e u'1 Signatu a roperty Owner or Authorized Agent ate / D Fce CONDITIONAL USE PERMIT/VARIANCE NO. u,zooo Are the special circumstances tha apply to the property different from other properties in the vicinity which are in the same zone as your property? Yes _ No HFR-1B-29e7 1704 FRphl ERAIJDY'IJIIdE DEVELOPMENT Cp TU 4760444 P.202© Attachment -Item Pro. 6 Rider A to Pm•chase and Sale Agreement, dated November 21, 2006 The terms, conditions, covenants, and agreements made and set forth herein are intended [o and shall have the soma force and effect as set forth in the purchase and Sale Agreement dated November 21, 2006 ("Purchase Agreement") between FRONT Sl'REG'f LAND GROUP, LLC, s California limited liability company ("Seller"}, and ]OHN T. PEllTCINh as Ttvstee for 1'HE ZACHARY TAYLOR PEDICINI TRUST and JOHN PEpIC1Nt ("buyer"). 1. Seller's Residential Devetop~nunt. In connection with Seller's planned residential developmen[ of dte remainder of the Target Property, in exchange for the Buyer's extension of the Closing, Seller shall reasonably attempt to create a five foot (5') setback additional to the City of Anaheim's required set-back for Seller's property between the Subjec[ Property and the remainder Tazget Property, provided the setback does not: (1) reduce the size of Seller's planned residential uniu, (ii) reduce the amount oP units permitted on the remainder Target Property or (iiS) otherwise adversely effect the Seller's planned residential development, all as dctern»ned by Seller In its sole discretion. If permitted by the City of Anaheim, Seller shall construct, at Seller's mvn cost and expense, a solid masonry wall eight (g) feet in height to be built mt the common property lines between the Subject Property and Sellers property at such tune as Seller procceds with the residential development of its property. Additionally, Seller is responsible for construction of the required wheelchair ramp a[ the intersection of Lincoln Avenue and Crescent Street at such thne as it is required by the City of Anuhcim. This section shall survive the dose of escrow. 2. No Protest, purhtg F,acrow attd at all times after thn Close of Fscrow, Seller shall not objecd to any proposed redevelopmen[ plans of the Subject Property by Buyer, provided that the proposed development on the Subject Property does not adversely affect Snl[er's development of the remainder of the Terge[ Property as a planned residential community. This section shall stwive the close of escrow. }, d iti nal Pa ny tent, Notwithstandiltg Section 5(k) of the Purehesc Agraoment and subject to Buyer's agreements set fonh in the Purchase Agreement, Setter agrees to provide to Buyer at Closing an additimtnl credit toward the Purchase Price in the amomn of $100,000.00, payable directly to Krause Construction. Such credit amount and payment to Krause Construction shall be paid through Escrow and reflected on the Closing Sratemtmt. IN WI7TlE55 W[-IL-REOP, Ulc panics hereto have executed this TGder on April ~~2007. SET,LER: 2isarorsuaaa2n aosror.m ,oan amt TOTAL P.20 FRONT STRPET LAND GROUP, LLC, a California liatited liability company Item No. 7 T (MHP) RCL 62-63-28 RCL 66-67-37 RCL 63-64-77 CUP 1115 CUP 532 MOBILE HOME PARK H W W h W m J C7 v iu 1 T GAUER ELEMENTARY SCHOOL T RCL 64-65-34 f2CL 59-60-15 RCL 56-57-9 BROOKHURST PARK GREENACRE AVENUE RM-4 RM-4 RC175-76-23 RCL 56-57-9. APARTMENTS 4 DU EACH zs Du RM-4 RCL 61-62-89 APARTMENTS 50 DU CUP X-17 VAR 2270 5 CHURCH 640' RM-4 RCL 63-64-66 RM.i CUP 520 RCL 64b: VAR 1860 PARTME APARTMENTS 29 DU 86 DU CRESCENT AVENUE RM-4 RCL 59-60-15 GRAMERCY AVENUE RM-4 0 :L 56-57-82- /AR 1037 = VAR 776 w TIGER WOODS ARNING CENTER PR RCL 76-77-26 CUP 2003-04739 GPC 2002-00021 DAD MILLER GOLF COURSE Conditional Use Permit No. 3947 TRACKING NO. CUP 2007-05240 Requested By: CRESCENT SOUTHERN BAPTIST CHURCH 622 North Gilbert Street RETARDING E p~p~ IY Subject Property Date: September 5, 2007 Scale: 1" ~ 200' Q.S. No. 31 10365 Conditional Use Permit No. 3947 TRACKING NO. CUP 2007-05240 Requested By: CRESCENT SOUTHERN BAPTIST CHURCH 622 North Gilbert Street Subject Property Date: September 5, 2007 Scale: 1" = 200' Q.S. No. 31 10365 ITEM N®. 7 PLANNING C®MMISSION AGENI2A REP®RT 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92605 Tel: (714) 765-5139 Fax: (714)765-5260 www.anaheim.net .City of Anaheim PLANNING bEPARTMENT DATE: SEPTEMBER 5, 2007 FROM: PLANNING DIRECTOR SUBJECT: CONDITIONAL USE PERMIT N0.3947 (TRACHING NO. CUP2007-05240) LOCATION: 622 North Gilbert Street: APPLICANT/PROPERTY OWNER: Howard Osborn/Crescent Southern Baptist Church. REQUEST: The applicant requests approval to amend apreviously-approved. conditional use permit to expand an existing private school in an existing church. RECOMMENDATION: Staff recommends that the Commission take the following actions: (a) By motion, approve apreviously-approved CEQA Negative Declazation. (b) By resolution, approve an amendment to Conditional Use Permit No. 3947. BACKGROUND: This property is developed with the CrescentBaptist Church and school facility and is located within the Transition (T) zone. The General Flan designates this property and the properties to the north, east and south for Medium Density Residential land uses, and the properties to the west across Gilbert Street for Low-Medium Aensity Residential land uses. Conditional Use Permit No. 3947, a request to permit a private school for grades 6-8 with up to 200 students, was approved by the Planning Commission in 1997 with an expiration date: The time limitafion was deleted by the Planning Commission in 2001: PROPOSAL: The applicant proposes to amend a previously approved conditional use permit to permit grades K-12: Even though the range of grades will be expanded, the enrollment will not change. The Anaheim Discovery Christian .School will have a maximum of 200 students, 9 classrooms, and 10 teachers.. ANALYSIS: The previously approved conditional use permit allowed a school for grades 6-8 with a maximum of 200 students. The pazking waiver approved with this permit required a total of 112 parking spaces: The modifications proposed by the applicant would reduce the number of classrooms from 13 to 9, and the number of CONDITIONAL USE PERMIT NO. 3947 September 5, 2007 Page 2 of 2 teachers from 14 to 10, which will decrease the number of required panting spaces by'8 spaces. Code requires one parking space per 6 high school students. Previously, the school did not include high school students. The addition of a maxinruni of48 high school students will increase the number of required parking spaces by ~ spaces. The total number of required parking spaces will remain unchanged at 112 spaces, which complies with the previously approved parking iwaiver. This request complies with code requirements. Staff belaeves that the praposed amendmenti to permit grades K-12 is appropriate and recommends approval of this request. Respectfu`~}lly submitted, Co{nfcurred by, ~~ r ~ ^` '~~~~~' \+ 4'f V~l~l\ ~S~V.i\/t ~ 'vim ~y~l g Principal Planner Planning Director Attaehhtents: 1. Original Planning Commission Resolution Ci1P 3947 (CUP2007-09240) Y~eve&o tnent'Staxsdae°d Pro"'ased ]Frei ect '1'~one'standards Site Area 1.9 acres N/A Pazking 112 spaces based on 48 high 11'? spaces*~ students# Landscaping (existing) Adjacent to: Feet Gilbert Street 26 N/A North 0° N!A South OT N/A Buildings setbacks Adiacent to: Feet (existing) Gilbert Street 26 25 North 20-33 t0 South 15-25 10 Signs No sign plans submitted Will comply with Code re uirements * Code requires pazking for schools as follows: Elementary and Junior High Schools:l space per classroom, plus 1 space per non-office employee, plus 4 spaces per 1,000 square feet of GFA for office use plus pazking required for assembly halls and auditoriums High Schools: 1 space per non-office employee, plus 1 space per 6 students, plus 4 spaces per 1,000 squaze feet of GFA for office use, plus parking required for assembly halls and auditoriums (see Community & Religious Assembly) ~TAppmved through pazking waiver with CUP 3947. [DR,~.FT] RESOLUTION NO. PC2007-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 3947 AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC97-94 (TRACKING NO. CUP2007-05240) (622 NORTH GILBERT 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: THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, AND IS DESCRIBED AS FOLLOWS: ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51 PAGE 10, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE. COUNTY, DESCRIBED AS FOLLOWS: THE NORTH 2 ACRES OF THE SOUTH 7 ACRES OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST. WHEREAS, on July 21, 1997, the Anaheim Planning Commission, by its Resolution No. PC97-94 approved Conditional Use Permit No. 3947 to permit a private school (grades 6 through 8 with up to 200 students) within an existing church with waiver of minimum number of parking spaces; and WHEREAS, the property is currently developed with a church and grade school; that the facility is zoned Transition (T); and the Anaheim General Plan designated this property for Medium Density Residential land uses; and WHEREAS, the applicant has requested amendment of this conditional use permit to expand an existing private school in an existing church pursuant to Code Section 18.14.030.040.0402 (Educational Institutions -Genera]) 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 September 5, 2007, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and 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 apreviously-approved conditional use permit to expand an existing private school in an existing church is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.14.030.040:0402 (Educational Institutions - General). 2. That the proposed expansion of the existing school 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 school 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 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 said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to amend apreviously-approved conditional use permit to expand an existing private school in an existing church and does hereby find that the Negative Declaration previously approved in connection with the existing school is adequate to serve as the required environmental documentation in connection with this request. NOW, THEREFORE, BE IT RESOLVED. that the Anaheim City Planning. Commission, for the reasons hereinabove stated does hereby grant the amendment to Conditional Use Permit No. 3947 to expand an existing private school in an existing church. BE IT FURTHER RESOLVED that Anaheim City Planning Commission does hereby amend the conditions of approval of Resolution No. PC:97-94 pertaining to Conditional Use Permit No. 3947, in their entirety, as follows: Prior to final building and zoning inspections_the following conditions shall be complied with: 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 mazked Exhibit No. 1 Rev. No. 1, Exhibit No. 2 Rev. No. 1, Exhibit No. 4 Rev. No. 1, Exhibit No. 5 Rev. No. 1, Exhibit No. 6 Rev. No. 1, Exhibit No. 7 Rev No. 1, and Exhibit No. 10, and as conditioned herein. _Z_ PC2007- General Conditions: 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. That there shall be a maximum of 9 classrooms, 10 teachers and the maximum number of high school students shall not exceed 48 students. 4. That any additional or modified signage for this facility (church and school) shall be subject to the prior review and approval by the Planning Commission as a "Reports and Recommendations" item. 5. That the onsite landscaping and imgation system shall be maintained in compliance with City standards. 6. (a) That a minimum of one hundred twelve (112) striped parking spaces shall be maintained at all times; and (b) That the school may utilize a maximum of fifty three (53) parking spaces in the rear portion of the property behind Building No. 4 for outdoor recreational purposes during the hours of 6:30 a.m. to 5 p.m., Monday through Friday only. That the parking waiver is contingent upon operation of the use in conformance with the assumptions relating to the operation and intensity of use as contained in the pazking demand study that formed the basis for approval of said waiver. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions as contained in the parking demand study, shall be deemed a violation of the expressed conditions imposed upon said waiver which shall subject this church and school to termination or modification. That the school and extended day care hours (for on-site school students only) shall be limited to 6:30 a.m. to 5 p.m., Monday through Friday. 9. That timing for compliance with conditions of approval maybe amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 10. That extensions for further time to complete conditions of approval maybe granted in accordance with Section 18.60.170 of the Anaheim Municipal. 11. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. -3- 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 September 5, 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 Moms, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on September 5, 2007 by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION .q_ PC2007- Attachment -Item No. 7 RESOLUTION NO. PC®7-Lt4 A RESOLUTION OF THE ANAHEIM CRY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL U8E PERMIT NO. 3949 BE GRANTED WHEREAS, the Anaheim City Planning Commissbn dkl receNe s verified Petklon for Cordfllonal Use Permft for certain real property aRuat~l In the City o4 Anaheim, County of Orenge, State of CalNomla, described as: ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 61 PAGE 10, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: THE NORTH 2 ACRES OF THE SOUTH 7 ACRES OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST. WHEREAS, the City Planning Commission dkl hdd a pudic hearing at the Civic Center In the City of Anaheim on July 21, 1997 et 1:30 p.m., r~lcs ~ saki pudic h~dnp having been duly gNen as required by law and In axordance with the provislora ~ the Arreheim Munldpel Cafe, Chapter 13.03, to hear and coneder evidence fa and against Bad p cordidonal tree pennR srd to Utvasflgate and make flrdinga and recommerdatlons in connectlon therewRh; and WHEREAS, eakJ Commteslon, after due Inspection, Inveetlgetbn std attxty rrrede by kaetf and b ha ttehaN, ark after due conaderetion of ell evidence and repels offered at sad hearing, dwe flrd and determine the fdidwing facts: 1. That the proposed use Is properly one for which a condabnel use permft is atahodzed by Anaheim Municipal Code Sec4lon to permR a private schod (gredaa 8 through S wkh up to 200 students) whhln existing church buildings wRh waiver of the fdlowing: (1.~ required; ,11y existing) 2 That the perking waiver, order the trordfllorre Imp, em01 not cause fewer off-street parking spaces to be provkfed fa such ties than the numf~ ~ such spaces necessary to accommodate all vehldes attributable to such use order the nwrrrel and rsonably a cordklare of opemtbn of such use because the parking attdy sutunkted by the petftloner IrdicetM that the peak parking demand for off-street perking (33 spaces on Surdaya and 18 spaces on weekdays) w eubatantlaliy lower than the number of spaces (112 spaces) provkled on the afle; 3. That the waiver, order the condklona knpoaed, wl!I not Increase the demand and com~titbn fa parking spaces upon the publk: In the immediate vicinity of the proposed use cause the protect parking lot has more than adequate parking to accommodate the proJecYa peak perking demarda; CR2979PLWP -1 • PC97-94 CUP 'N0. 3 9 k 7 4. That the waver, under the cordklona imposed, wUl not increase the demand end compatkion for parking apacea upan adjaosnt prvate pro~rry In tfw Immediate vicinity of the ~oposad use (which praparty la rrot provdaJ ae ~rking for such use under an agreenrem In twmpllance,__ wkh Satbn 16.x.010.020 of this Code) the prt>)ect parking lot Is phyaicapy separated from adJacem reaWarrtlai housing; and ttutt there Is no neaten to encr~ch Into other parking facllklas because the projatx eke prwldea ample parking, u Irdlcat~ In the parking analyale; 5. That the waiver, under the condftlona impoeaf, w91 rat increase treffic congestion wkhin the off-street parking arBaa or Iota provfdal tar each use because the euPPIY ~ on-ak® Parking spaces f$ greater than the arelclpated peak parking demand; and that a aubatarftlal surplus ~ parking spaces are axpect~f aker Sunday worohlp eenricee; alai that on weekdays she Pxoposed junior high school tactliry will occupy leas than 15% of the total evatlable parking spaces prov(ded for the project; & That the wave, under the condkkx~e Imposes, will not Impale vehltwlar Ingress to or egress from adjacent propertlea upon the pudk: streets In the Immediate vicinity of the proposed use because the project la not anticl~ted to result In demand for on-aVNt parking; end that excellent Ilnee-of- slght .end taming areas Por both project dfireways on GAbert Street exist end are expectal to remain unaffected by the proposal; 7. That the proposed use w~l not advereely affect the adjoining land uses aril the growth acrd devNopmem of the area In which ft is proposed to ~ locates because the proposal school will aperete during oppoalte peak haure in canparlaai to the church and the two uses wBl, thar~ore, have complemerNery houre end wAl net Interfere wkh one another'e parking; e. That the sine and shape of the eke for the proposal use la adequate to allow the full dev~opment of the proposed use kr a manner not detrimental to the partlcWar area nor to the peace, heakh, aefery and general w~tare because the echoo! and church will operete from the same buAdings, wkh duel use of dasarocma, gymnealum and church sanctuary rooms: and that no tenant Improvements are proposed to the existing buFldings; 9. That the traffic generat~l by the proposal use wpl not Impose en undue burden upon the streets and hlghweya designed eras Improved to carry 4ha traffic In the area because ~ oppoake peek houre of operetlort for the two uses (church and school); 10. That the grarrting ~ the eondkbnal use parmk, under the cordklana Imposed, will not be detrimenaal to the peace, haakh, safety and general welfare of the cltizena of the Cky of Anaheim; and 11. That nc one Indicated their presence at the public hearing In oppoaklon; end that no correspondence was receved In oppoakbn to the subject petkion. cat iFORNIA ENVIRONMENTAL OUAL~'n' ACT FlNDING: That the Anaheim Cky Planning Commleaioo hea revlaur~ the proposal to pemlk a private school (gredea Q fd ttr t® wkhin existing churoh buAdinga on a 1.89 acre r®ctang~arly-shapal perch having a frontage of 132 feet on the east skis of Gilbert Street, wkh a maximum depth of 520 feet, end being located 329 feet north d the centerllrwa ~ Crescent Avenue (Crescatt Southern f3eptlat Church at 522 North Gilbert Street); and dose hereby approve the Negatve Declaration upon flrding that the dederatlon reflects the independern Judgemem ~ the lead agency and that k has conalderad the Negative Dedaretlon together wkh any comments recev~ during the publle review process aril further finding on the basis of the Inklal study end any comments recevsd that there Is no subatantlal evdence that the project will have a signHicant effect on the emdronment -2- PC97-94 CUP N0. 3 9 ~ 7 NOW, TFIEREFORE, 8E R RESOLVED that flee Areshelm Cky Plannlnp Commisskue does hereby gram subJacx PMkbn tw Cordkkxest Use Pemek, upon the follawinp condkkuee which era hereby found to ~ a ry prw~ulske to the u ~ Ufa subJaet property In order to p , . sanely and ro ~ flea Ckla®ne ~ ttra Cky d drrmhsdrn: t. That any ~idkkxesl w modkl~! slpnaps for this facgky (church and actraat) shell ~ eubJett t0 The prbr revlsw and approval by the Plsnnlnp Commisebn as a °Reporta end Recommendetione° ksm. ~~ ~, 2. That the on-eke landecaping end irripatlon system shall bB malntaln~ In compl~nce wkh CNy standerda 3. (e) That a minimum of one hundred twelve (112) aMped perking spaces shell be maiMalned at all times; end (b) That the school may utglae a maximum of tiky thr (ti3) parking spaces In the ran potion of the property behiml Bugdlnp No. 4 4or outdoor recrdonal purposes during the hens of 8:30 a.m. fo 5 p.m., Mordey through Friday oNy. 4. That the greMing ~ the parking weNer Is comingeM upon operetion ~ the uea 1n conformance wkh the assumptlona rNeting to the operetbn ami kttsneky ~ use u contained tre the parking demand atenly that fom the heals for approval of saki waNa. Excesrlinp, vldaung, IMenakying w otherwise devlatkeg from any of aaM assumptions, as coMaln~ in the parkng darrrrxi study, shell be desm~ e vblatktn ~ the condkbna imposed upon sel[I weNer eM11ch shall subject Otla church and schod 4o tereMnatkut w modgicatlon pureuaM to the provlalona ~ Sactlans 18.03.001 and 18.03.1>g2 of the Areahelm Munk:lpal Code. 5. That this cwdklonsl rasa pertnk shall ax~r® five (6) yeard from the date of ttde -eedutbre, on July 21, 2W2. 8. That the scftad and extended day care hours {for on-ske adma ettdente only) shell ~ Iimked to 0:30 am. to 6 p.m., Monday through Frday. 7. That plans steak be subnekteai to the City Traffic and Tranaportetkue Mareaper for review end approval ~~ showing coMomeanrs wkh the latest revlsbns oa Enplnearinp Standard Pian Nos. 430 end ~2 pertaining to parking standards and drNeway locetlona Subject property shall thereupon be ,G.7 dsvNoped and melydekeed ke cwefortnance with ~~ plena ,{I e. That bane for restrlcllnp et~eea to the r~r ~dcktg arm n Bugdlnp Na 4 and the seat +.~"~ ~ PropaRy Iles shah ~ ed to tree Puf~k: Worbat rtmsM, and Sankatlon Dhdelae, and 1 rtes Fka Dspartmam fw and ePP-oval, In t~mpl arhh eq eppolcehla atardaMa Thb arse sFNll have resbitxed ordy during hours of oparatlde of the school. Further, iFee chain Ilnk gates at the east property Ilree shall bs dosed durlreg school hours ~ operatbn. U1 9. That eq driveways on Ogbert Street shall be reconstructed to accommodate ten (10) toot redlua curb rewms In conformance wkh PuNic Works-Enpinring 3tardarda 10. That ell actwot uses steep be ilmkad to the ground flow Isvel urdeas approval for use of above Around IevN arms ~ approved by the Bugding DNiebn and the Fire Department. t~ 11. That subject properly shell ba developed subatamielly in accwdence with plans and speciNcations ~`~ submkt~ to the Cky ~ Matealm by the pedtbnsr and whk:h plans era on tqe wkh rise Planning ~~) Department rreark~l Exhi~ Nos. 1 through 9, erxi as eondkku herein. .g. PC97.04 CUP N0. 3 9 4 7 12. That studam enrdlmertt she11 ~ Ilmked to a maximum d two hurxired (~) etudeMS. i3. That poor to merit ~ ttts atxfvlty a by 4hb rsadutbrt or wkhin s period a4 ate (1) yr iran th data ~ 4hb oxura first, Cordklort Noe. 7, B, ®tarxf ll~ rttsnt , III ~ coartpl~d wkh for furthea tirrre to Canpieta Bald cadkbna tttaY ~ In wkh liectbn 18.03.1 of ttte Ar~helm Munlclpaf Cate. - 14. That apprarai d this applbadan consdtutes approval oP the proposed request oNy to the extent that h compiles wkh the Anaheim Munldpai Zoning Cale arxt any direr appicade Cky, State and Federsl regulatbns. Approval does nd Include any atxbn w findings u to compt~nce or approval ~ the request regarding arty dher app9lcal~e ordinance, regt~atbn or requlremenL BE IT FURTHER RESOLVED that the Anaheim Cky Planning Commieebn dose hereby find and detennlne that adoption of this Readtftbn la expressly predkaatted upon eppibam's compliance vuidt each arxf ail d the tbrdkbns haelnetxrre sat forth. Should any such caxiklon, or any part thenxtf, be declared Invalkl or unenforCde by the final Judgmerd ~ any court d competent Jur-edlctbn, than this Resdutlon, artd any ®pprovals herein cartelned, shall ~ deems null arxt vaDd. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of Jl~y 21, 1987. )Original signed Dy Paul Bostwick) CHAIRPERSON ANAHEIM CITY PLANNING COMMISSION ATTEST: !Grigiral si;nad by f!1:rgarita Solorio) SECRETARY, ANAHEIM CRY PL.AAININQ COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as. CITY OF ANAHEIM ) I, Mar~rke Sdorb, Secr~ry ~ tfie Arwheim Cky Planning Commissbn, do hereby eettNy that the ioregdng resduflon was passed ark adopted et a meeting ~ the Anaheim Cky Plannlrtg CommLvalon held on July 21, 117, by the fdlowing vde ~ ttta members fhered: AYES: COMMISSIONERS: BOSTWICK BOYDSTUN, BRISTOL, HENNINGER, MAYER, NAPOLES NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: PERAZA IN WITNESS WHEREOF, I have hereunto set my hand this day of 1397. SECRETARY, ANAHEIM CITY PLANNING COMMISSION ~. PC97-94 CUP N0. 3 9 ~+ 7