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PC 2008/01/07i i __ Monday, January 7, 2008 Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California • Chairman: Kelly Buffa ® Chairman Pro-Tempore: Joseph Karaki • Commissioners: Peter Agarwal, Gail Eastman, Stephen Faessel, Panky Romero, Pat Velasquez • Call To Order • Preliminary Plan Review 1:30 P.NI. • Staff update to Commission on various City developments and issues {As requested by Planning Commission) • Preliminary Plan Review for items on the January 7, 2008 agenda For record keeping purposes if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. • Recess To Public Hearing • Reconvene To Public Hearing 2:30 P.M. • Pledge Of Allegiance • Public Comments ® Consent Calendar • Public Hearing Items • Adjournment You may leave a message for the Planning Commission using the following e-mail address: planningcommissionCo~anaheim.net 01 /07/08 H:\Tools\PC Admin\PC Agendas\010708.doc Page 1 of 17 Anaheim Planning Commission Agenda - 2:30 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim Planning Commission or public comments on agenda items. with the exception of public hearing items. Consent Calendar: The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. Reports and Recommendations 1A. (a) CEQA NEGATIVE DECLARATION (PREVIOUSLY APPROVED) (b) CONDITIONAL USE PERMIT NO. 2006-05126 (TRACKING NO. CUP 2007-05269) Owner: Sunrise Fountains Partners, LLC 1380 South Anaheim Boulevard Anaheim, CA 92805 Agent: David Nix Sunrise Fountains Partners, LLC 1380 South Anaheim Boulevard Anaheim, CA 92805 Location: 2100 South Lewis Street: Property is approximately 3.63 acres, located at the southeast corner of Lewis Street and Orangewood Avenue, having frontages of 418 feet on the east side of Lewis Street and 338 feet on the south side of Orangewood Avenue. Request for a retroactive one year extension of time to comply with conditions of approval for apreviously-approved 132-unit condominium conversion. Project Planner: (kwong2@anaheim. net) O 1 /07/08 Page 2 of 17 1B. (a) NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) (b) CONDITIONAL USE PERMIT NO. 2006-05144 (TRACKING NO. CUP2007-05274) Agent: Antonine Bakh 1546 East La Palma Anaheim, CA 92805 Location: 1546 East La Palma Avenue 1St. John Maron Catholic Church: Property is approximately 1.32 acres, having a frontage of 255 feet on the south side of La Palma Avenue and located approximately 140 feet east of the centerline of Anna Drive. Request for a retroactive one year extension of time to comply with conditions of approval to expand an existing church. 1 C. (a) CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) (b) CONDITIONAL USE PERMIT NO. 2006-05075 (TRACKING NO. CUP2007-05270) Agent: HMC Architects 2601 Main Street Suite 100 Irvine, CA 92614 Owner: Diocese of Orange P:O. Box 14195 Orange, CA 92863-1595 Location: 412 North Crescent Wav (St. Thomas Korean Catholic Churchl: Property is approximately 5 acres, having a frontage of 676 feet on the east side of Crescent Way and located approximately 414 feet north of the centerline of Penhall Way. Request for a retroactive one year extension of time to comply with conditions of approval to construct an addition to an existing church complex. Project Planner: (dherrick@ an aheim. n et) Project Planner. (dherrick@ an ah eim. net) of/o7/oa Page 3 of 17 Minutes 1 D. Receiving and approving the Minutes from the Planning Commission Meeting of November 26, 2007. Continued from the December 10, 2007 Planning Commission Meeting. (Motion) 1 E. Receiving and approving the Minutes from the Planning Commission Meeting of December 10, 2007. (Motion) .01!07/06 Page 4 of 17 Public Hearing Items: 2a. CEQA ENVIRONMENTAL IMPACT REPORT NO. 330 (PREVIOUSLY CERTIFIED) 2b. ZONING CODE AMENDMENT NO. 2006-00052 Agent: Planning Department City of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92805 Location: Citywide City-initiated request (Planning Department) to amend various sections of Title 18 "Zoning" of the Anaheim Municipal Code to correct various errors and omissions, and clarify text and provide consistency with other Chapters of the Anaheim Municipal Code, including but not limited to, provisions to add a new Section to the code to clarify that any permit, license or evidence issued in conflict with the provisions of Title 18 shall be null and void. Proposed amendments include the following: Single-Family Residential Zones: modify permitted encroachments for accessory uses/structures to be consistent with the California Building Code; add a new section requiring certain accessory structures to conform to setback requirements for the primary residence; modify required rear yard setback in the RS-2 Zone; Multiple-Family Residential Zones: allow modification to setbacks between buildings for a planned unit development; Commercial Zones: amend permitting requirements for Antennas-Telecommunications-Stealth Ground-Mounted; modify Educational Institutions-Business and Educational Institutions-General as uses subject to a conditional use permit; add statement that Self-Storage Facilities be in compliance with Council Policy No. 7.2; add Floor Area Ratio (FAR) General Plan consistency reference; add Automotive-Car Sales, Retail or Wholesale (Office Use Only) as a permitted primary use; add Automated Teller Machines (ATM's) Exterior, Wall-Mounted as a permitted primary use; add Educational Institutions-Tutoring Services as a permitted use; modify Automotive-Car Sales & Rental provisions; Industrial Zones: modify provisions permitting Circuses and Carnivals; add Floor Area Ratio (FAR) General Plan consistency reference; amend permitting requirements for Antennas-Telecommunications-Stealth Ground-Mounted; add statement that Self-Storage Facilities be in compliance with Council Policy No. 7.2; add provisions for street frontage/land subdivision; add Automated Teller Machines (ATM's) Exterior, Wall-Mounted as a permitted primary use; add Automotive-Car Sales, Retail ar Wholesale (Office Use Only) subject to conditional use permit; add Educational Request for continuance to January 23, 2008 01 /07/08 Page 5 of 17 Institutions-Tutoring Services subject to conditional use permit; Public and Special Purpose Zones: modify the Transition "T" zone provisions to require General Plan consistency for conditionally permitted uses; South Anaheim Boulevard Corridor (SABC) Overlay Zone: amendment to allow attached single-family dwellings by conditional use permit in conformance with multiple-family zone standards; Mixed Use Overlay Zone: modify requirements for Ground- Floor Commercial Uses; Types of Uses: modify Personal Services-General to include permanent facial make-up; modify Medical & Dental Offices to include colonoscopy and laser hair removal services; add Automated Teller Machines (ATM's), Exterior, Wall-Mounted; Supplemental Uses: delete time limitation reference for wireless communication facilities approved by conditional use permit; modify parking requirements for home occupations; clarify process for waiving setback and screening requirements for public utility equipment; add Automotive-Car Sales, Retail or Wholesale, Office Use Only; modify Mechanical and Utility Equipment - Roof Mounted for solar energy panels; establish maximum size requirements for flags and banners; Parking: modify parking requirements for bowling alleys, second units, and establish standards for automated parking facilities; add parking requirements for Automotive Car Sales, Retail or Wholesale (Office Use Only) and Educational Institutions - Tutoring Services; Signs: modify window sign definition; modify the provisions for marquee or electronic readerboard signs; modify maximum height of letters and logos for wall signs; Landscape/Screening: modify requirements pertaining to landscape and fence height and type provisions; modify permitted types of landscape materials; Recycling: amend various Chapters to modify standards and procedures related to consumer recycling services; Nonconforming Structures: modify parking requirements in conjunction with the expansion of non-conforming structures in the Anaheim Colony Historic District and the 5 Points Neighborhood; Density Bonus: amend Chapter 18.52 (Density Bonuses) in its entirety to provide consistent formatting with Title 18 (Zoning Code) to allow for additional administrative approvals and various minor modifications and clarifications; Affordable Housing: delete Chapter 18.58 (Affordable Multiple-Family Housing Developments) in its entirety; Procedures: modify the appeal process for Zoning Administrator and Planning Commission decisions; modify responsibilities related to the Zoning Administrator; 01/D7/08 Page 6 of 17 Administrative Reviews: modify requirements for Administrative Reviews; Variances: modify Special Findings for Variances; Definitions: modify definition of "Lots"; add definition for "General Plan Density". Continued from the December 10, 2D07 Planning Commission meeting. Zoning Code Amendment Resolution No. 3a. CEQA CATEGORICAL EXEMPTION -CLASS 21 3b. CONDITIONAL USE PERMIT NO. 3277 (TRACKING NO. CUP NO. 2007-05251) Owner: Barry Lee Koner P.O. Box 2158 Orange, CA 92859 Agent: City of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92805 Location: 950-970 Tustin Avenue: Property is an irregularly-shaped 2.82-acre property having frontages of 460 feet on the east side of Tustin Avenue and 665 feet on the south side of the Riverside Freeway (SR-91 ). City request to initiate the revocation or modification of Conditional Use Permit No. 3277 to permit office uses in an industrial building with waiver of minimum distance between freestanding signs. Continued from the October 15, 2007,.and the December 10 2007, Planning Commission Meeting. Project Planner: (cFlores@anaheim. nett Request for withdraw) Project Planner: (kwong2@anaheim. net) 01/o7/os .Page 7 of 17 4a. CEQA NEGATIVE DECLARATION 4b. RECLASSIFICATION NO. 2007-00213 4c. CONDITIONAL USE PERMIT NO. 2007-05268 4d. TENTATIVE TRACT MAP NO. 17164 4e. MISCELLANEOUS PERMIT NO. 2007-00226 Owner: Heitman Living Trust 3083 West Ball Road Anaheim, CA 92804 Agent: Mahendra J. Desal Desai Construction and Development Inc. 2040 South Santa Cruz Street, Suite 115 Anaheim, CA 92805 Location: 3083 and 3087 West Ball Road: Property is approximately 1.4 acres, having a frontage of 231 feet on the north side of Ball Road and located approximately 132 feet west of the centerline of Halliday Street. Request to permit a 20-unit single-family attached condominium complex. This project requires approval of the following actions: Reclassification No. 2007-00213 -Request reclassification of the subject property from the T (Transition) zone to the RM-1 (Multiple-Family Residential) zone or less intense zone. Conditional Use Permit No. 2007-05268 -Request to construct a 20-unit single-family attached condominium complex. Tentative Tract Map No. 17164 -Request to establish a 1- lot, 20-unit airspace attached residential condominium subdivision. Miscellaneous Permit No. 2007-00226 -Request for Planning Commission determination of conformance with the Density Bonus Ordinance to construct a 20-unit single-family condominium development with 2 affordable units, a Density Bonus and incentives. Continued from the December 10, 2007 Planning Commission meeting. Reclassification Resolution No. Conditional Use Permit Resolution No. Tentative Tract Map Resolution No. Project Planner: Miscellaneous Resolution No. (kwongz@ananeim.net) 01/07/08 Page 8 of 17 5a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) 5b. WAIVER OF CODE REQUIREMENT 5c. CONDITIONAL USE PERMIT NO. 3840 (TRACKING NO. CUP2007-05271) Owner: Vietnamese District of the Christian and Missionary Alliance 2275 West Lincoln Avenue Anaheim, CA 92801 Agent: Hiep Nguyen 22822 Via Santa Rosa Mission Viejo, CA 92691 Location: 2275 and 2283 West Lincoln Avenue: Property is approximately 1.29-acres, located at the northwest corner of Lincoln Avenue and Monterey Street. Request to amend previously-approved Conditional Use Permit No. 3840 (Tracking No. CUP2007-05271) for an existing church to permit a parsonage. * Advertised as a caretaker's unit with waivers of maximum permitted size of unit and maximum number of bedrooms. Conditional Use Permit Resolution No. 6a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) 6b. CONDITIONAL USE PERMIT NO. 2004-04952 {TRACKING NO. CUP2007-05254) Owner: William C. Taormina 128 West Sycamore Street Anaheim, CA 92805 Agent: Steve Elkins 128 West Sycamore Street Anaheim, CA 92805 Location: 400, 401, 407, 408, 416 and 424 North Anaheim Boulevard and 113 West Adele Street Project Planner: (kwong2@anaheim. net) 01 /07/08 Page 9 of 17 Parcel 1: Property is located at 401 and 407 North Anaheim Boulevard and is approximately 0.3-acre, located at the northwest corner of Anaheim Boulevard and Adele Street with approximate frontages of 107 feet on the west side of Anaheim Boulevard and 103 feet on the north side of Adele Street. Parcel 2: Property is located at 400, 408, 416 and 424 North Anaheim Boulevard and is approximately 1.5 acres, located at the northeast corner of Anaheim Boulevard and Adele Street with approximate frontages of 361 feet on the east side of Anaheim Boulevard, 120 feet on the south side of Sycamore Street, 221 feet on the west side of Claudina Street and 204 feet on the north side of Adele Street. Parcel 3: Property is located at 113 West Adele Street and is approximately 0.58-.acre, having a frontage of 140 feet on the north side of Adele Street approximately 155 feet west of the centerline of Anaheim Boulevard. Request to reinstate apreviously-approved conditional use permit fora :public dance hall, banquet hall and community and religious facility with on-premises sales and consumption of alcoholic beverages and an off-site parking lot and to amend previously-approved plans, to add a cover charge anc conditions of approval to remove the time limitation. Conditional Use Permit Resolution IVo. Project Planner. (kwong2@an aheim. net) 01 /07/08 Page 10 of 17 7a. CEQA CATEGORICAL EXEMPTION. CLASS 1 Request for. 7b. WAIVER OF CODE REQUIREMENT continuance to 7c. CONDITIONAL USE PERMIT NO. 3959 January 23, 2008 (TRACKING NO. CUP2007-05278) Owner: Fiesta Properties LLC Fiesta Mexicans 1950 South Sterling Avenue Ontario, CA 91761 Agent: Robert Vermeltfoort Vermeltfoort Architects, I 8525 North Cedar Suite 106 Fresno, CA 93720 Location: 1221 South Anaheim Boulevard: Property is approximately 2.77 acres, having a frontage of 438 feet on the west side of Anaheim Boulevard and 381 feet on the east side of Iris Street and located approximately 264 feet south of Ball Road. Request to remodel the exterior facade of a retail center and reconfigure the parking area with a new waiver of parking requirements previously approved by Conditional Use Permit No. 3959. Project Planner. Conditional Use Permit Resolution No. (mashabi@anaheim.net) 01 /07/08 Page 11 of 17 Sa. CEQA CATEGORICAL EXEMPTION CLASS 1 8b. CONDITIONAL USE PERBAIT NO. 2007-05250 (TRACKING NO. CUP2007-052721 Owner: Anaheim Indoor Marketplace 1440 South Anaheim Boulevard Anaheim, CA 92805 Agent: Sang C. Han 1440 South Anaheim Boulevard Anaheim, CA 92805 Location: 1440 South Anaheim Boulevard: Property is approximately 14.74 acres, having approximate frontages of 725 feet on the north side of Cerritos Avenue and 490 feet on the east side of Anaheim Boulevard. Request to permit a tattoo and body piercing business booth within the Anaheim Indoor Marketplace. The applicant is currently operating in another booth and is proposing to operate from two booths. Conditional Use Permit Resolution Flo. ga. CEQA MITIGATED NEGATIVE DECLARATION (PREVIOUSLY-APPROVEDI 9b. TENTATIVE PARCEL MAP NO. 2007-137 (TRACKING NO. SUBTPM2007-00052) Owner: H Koch & Sons Co. 5410 East La Palma Avenue Anaheim, CA 92807 Agent: Ware Malcomb 10 Edelman Irvine, CA 92618 Project Planner: (mashabi@anaheim. nett Location: 5410 East La Palma Avenue: Property is located at 5410 East La Palma Avenue and is approximately 4 acres, having a frontage of 340 feet on the south side of La Palma Avenue and located approximately 305 feet east of the centerline of Brasher Street. Request to amend Tentative Parcel Map No. 2007-137 to establish a 1-lot, 11-unit industrial condominium subdivision. Tentative Parcel Map Resolution No. Project Planner: (skoehm@ anaheim. n et) 01 /07/08 Page 12 of 17 10a. PREVIOUSLY-CERTIFIED ENVIRONMENTAL IMPACT REPORT NO. 323 10b. CONDITIONAL USE PERMIT NO. 4171 (TRACKING NO. CUP2007-05276) Owner: California Drive-In Theatres I 120 North Robertson Boulevard #3 Los Angeles, CA 90048 Agent: Dynamic Builders 2114 South Hill street Los Angeles, CA 90007 Location: 1500 North Lemon Street: Property is approximately 27 acres, located at the southeast corner of Lemon Street and Durst Street. Request to amend previously approved Conditional Use Permit No. 4171 to permit a car audio installation center in an existing retail business. Conditional Use Permit Resolution No. Project Planner: (skoehm@ anaheim. net) 01 ro71os Page 13 of 17 11 a. 11 b. 11 c. 11 d. 11 e. 11 f. 11g. 11 h. 11 i. 11 j. Owner: P A Poon & Son Inc. 16841 Marina Bay Drive Huntington Beach, CA 92549 Agent: West Millenium Homes Derek Baak 1849 Sawtelle Boulevard #600 Los Angeles, CA 90025 Location: 2232 South Harbor Boulevard (the vacant Tovs R Us site): Property is approximately 4.8 acres, having a frontage of 382 feet on the east side of Harbor Boutevard and located 252 feet south of the centerline of Wilken Way. Request to develop a mixed use project consisting of a 105 room hotel, with 14,714 square feet of accessory commercial uses on the western 1.5-acre portion of the project site adjacent to Harbor Boulevard, and a 191-unit, 3 to 5 story condominium complex, including nine live/work units, on the eastern 3.3-acre portion of the project site. Proposed project actions include the following: General Plan Amendment No. 2007-00462 -.Request to amend the General Plan to redesignate the eastern 3.3 acres of the property from the Commercial Recreation to the Mixed Use land use designation; Reclassification No. 2007-00210 -Request for a reclassification to change the zoning on the eastern 3.3 acres of the property from the Anaheim Resort Specific Plan (SP92- 2) zone to the Multiple Family Residential, Mixed Use Overlay (RM-4 (MU) Overlay) zone; Specific Plan Amendment No. 2007-00049 -Request to remove the eastern 3.3 acres of the property from the Anaheim Resort Specific Plan and increase the hotel density from Low Density to Medium Density for the western 1.5 acres of the property adjacent to :Harbor Boulevard and to permit reduced front and interior setbacks and distance between driveways; Conditional Use Permit No. 2007-05242 ovo7/o8 Page 14 of 17 -:Request to permit a mixed use project with 191 condominium units, to include live/work units, for the rear 3.3-acre portion of the property, and fora 105-unit hotel with 14,714 square feet of accessory commercial uses on the front 1,5 acres of the property adjacent to Harbor Boulevard with waivers of minimum lot frontage adjacent to a public or private street; Development Agreement No. 2007-00004 -Request for approval of a Development Agreement between the City of Anaheim and West Mil'lenium to construct the proposed mixed use project; Final Site Plan No. 2007-00010 -Request for approval of a Final Site Plan for the proposed mixed use project; Tentative Parcel Map No. 2007-163 -Request to establish a 2-lot subdivision to separate the commercial and residential land uses; Tentative Tract Map No. 17219 - Request to establish a 191-unit condominium complex; and, CEQA Mitigated Negative Declaration and Mitigation Monitoring Plan No. 149 -Request for approval of a CEQA Mitigated Negative Declaration (MND) and Mitigation Monitoring Program (MMP) No. 149 for the Toys R Us mixed use project. The MND and MMP has been prepared to serve as the primary environmental document for GPA2007-00462, CUP2007-05242, DAG2007-00004, FSP2007-00010, RCL2007-00210, SPN2007-00049, SUBTPM2007-163, and SUBTTM17219 and subsequent actions related to implementation of the project. Implementation is intended to include, but not be limited to, the approval of subdivision maps, grading permits, street improvement plans, final site plans, and other related actions for the Toys R Us mixed use project. Future actions related to the project that require additional discretionary review will utilize this document for CEQA purposes to the extent possible, consistent with Section 15070 of the CEQA Guidelines. General Plan Amendment Resolution No. Reclassification Resolution No. Specific Plan Amendment Resolution No. Conditional Use Permit Resolution No. _ Development Agreement Resolution No. _ Final Site Plan Resolution No. Tentative Parcel Map Resolution No. _ Tentative Tract Map Resolution No. Project Planner: (dsee@anaheim.net) Adjourn To Wednesday, January 23, 2008 at 1:00 P.M. for Preliminary Plan Review 01 /07/08 Page 15 of 17 CERTIFICP.TION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 2:00 o.m. 2008 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits and Variances will be final 22 days after Planning Commission action and any .action regarding Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM PLANNING COMMISSION In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (714) 765-5139. Notification no later than 10:00 a.m. on the Friday before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Recorded decision information is available 24 hours a day by calling the Planning Department's Automated Telephone System at (714) 765-5139. 01 /07/08 Page 16 of 17 SCFfE®ULE 2008 January 7 January 23 (Wed.) February 4 February 20 (Wed) March 3 March 17 March 31 April 14 April 28 May 12 May 28 (Wed) June 9 June 23 July 7 July 21 August 4 August 18 September 3 (Wed) September 15 September 29 October 13 October 27 November 10 November 24 December 8 December 22 (Cancelled) 01 /07108 Page 17 of 17 s~ 7^ ~9 A ~ v RCL 6 82-OS 't'C .9 a R y VAR 3573 F sr "9 2 H I T ~ ~ ~ RcL p 0 0 2 9 ARTMENT S RCL 20 7- 0 6 L 204 DU VACANT F I c RCL 60-81-32 yy T OPTICAL Z CL 2007-00 LABORATORY '~ VACANT ORANGEWOOD AVENUE ~---- 338' -~ RCL 67-66-81 h~''r~rs "'~ ' *'"~`~f "~~~"" a 1 OU EACH ua,,.~"'. '-"`'"~~~~ t'~'~'~ ~ ~cx`^"` ~ ba r m .^ .a'4`3'~' ~m~~.an.. ~ ~ RCL 87-88.31 ~ `~ RCL 71-72-29 CUP 2007-05269 ~'~r~ CUP 2046 ~ m ~x~U , CUP 2006 05126 ,r-`~~ VAR 3194 ~~ ~ VAR 3735 ~ COMM. W °~ `,..-~~" AP 132 DU 5 ~; SHOP J I !~~'~.°` ..., „',. x~ 7a=~. ~ s_~3.!-. ".vim ~~'~~~y~^'+ia H Q2 ~ ~ _ ,W ~ ~ U O Q Conditional Use Permit No. 2006-05126 (Tracking No. 2007-05269) T CUP 3808 CUP 2141 CUP 2043 VAR 3177 CUP 1136 MELROSE ABBY CEMETERY Requested By: SUNRISE FOUNTAINS APARTMENTS LLC 210p South Lewis Street 10123 Subject Property Date: January 7, 2006 Scale: 1" = 200' Q.S. No. 109 Sunrise Fountain Partners, LLC c/o Consenys Property Management 1380 S. Anaheim Boulevard Anaheim, CA 92805 ATTACHMENT NO. 1 October 29, 2007 Mr. Scott Koehm City of Anaheim Planning Department Planning Services Division 200 S. Anaheim Blvd. Anaheim, CA 92805 ~9EXT MEETING'' JAN 0 1 2008 CITY PLANNING COMMISSION ]tE: Sunrise Fountains Apartments Tract No. ] 7092 -Request For. Time Extension To Comply With Conditions of Approval Deaz Scott: On October 30, 2006, the Planning Commission of the City of Anaheim approved a Conditional Use Permit and Tentative Map for the conversion of the 132-unit Sunrise Fountains apartment project to condominiums subject to a number of conditions (see attached resolution). Specifically, Condition No. 16 stated the following: "That prior to issuance of a building permit, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 6, 7, 8, 9, Il, 13 and 14, above mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.190 of the Anaheim Municipal [Code. " , Sunrise Fountains Partners, LLC -the applicant for the Sunrise Fountains condominium conversion -hereby requests a 12-month extension of time to October 30, 2008 to comply with Conditions 1, 2, 6, 7, 8, 9, 11, 13 and 14 as summarized below. 1) Final landscape and handscape plans must be approved by the Planning Commission. 2) All plumbing and similaz pipes and fixtures on the exterior of the building are required to be fully screened with architectural devices or appropriate building materials. 6) All exterior pad-mounted electrical equipment must be screened by landscape or handscape materials.. 7) A written Solid Waste Management Plan needs to be submitted to the Public Works Department for review and approval. cuP ~o. 20o b- 0 51 ~ 6 Mr. Scott Koehm City of Anaheim October 29, 2007 Page 2 of 2 8) Views from public streets and alleys of all backflow devices or lazge water system equipment must be screened. 9) If the property does not have a separate irrigation meter, then one must be installed. 1 I) Final detailed elevation plans, colors and materials need to be submitted to the Planning Commission for review and approval. 13) A minimum of 100 cubic feet of storage azea needs to be provided for each unit. 14) A plan to reduce the visibility of all satellite dishes must be submitted to the Planning Staff for review and approval. Although we have commenced plans for most of the items listed above, we require additional time to complete the plans for presentation to the City's planning staff. We also assume that one or more drafts of the plans may be required by staff before presentation to the Planning Commission: To assist staff and the Planning Commission with their review of this request, we have also attached eight sets of color photos of the project. In addition, we aze including a check in the amount of $1,500 for the time extension request fee. Please let me know if you have any other questions. Sinc ly, "' '" ' Da ' .Nix Agent For Sunrise Fountains Partners, LLC DWN/mmi cc: Rick Rodriguez ATTACHMENT N0.2 RESOLUTION NO. PC2006-96 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0.2006-05126 BE GRANTED (2100 SOUTH LEWIS STREET} ' WHEREAS, the Anaheim Planning Commission did receive a verified Pefitlon for Conditional Use Permit far certain real properly situated In the C(ty of Anaheim, County of Orange, State of California, descrihed as: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 43, PAGE 15 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION OF PARCEL 1, AS SHOWN ON A MAP FILED IN BOOK 43, PAGE 15 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINEN COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF ORANGEWOOD AVENUE WITH THE CENTERLINE OF LEWIS STREET AS SHOWN ON SAID PARCECMAP; THENCE ALONG THE CENTERLINE OF SAID LEWIS STREET (65 FEET WIDE) SOUTH 00° 25' 50" EAST, 87.55 FEET; ' THENCE AT RIGHT ANGLES OF SAID CENTERLINE NORTH 89° 34' 10" EAST 20.00 FEET TO A POINT IN THE WESTERLY LINE OF SAID PARCEL 1, SAID POINT BEING THE POINT OF BEGINNING; THENCE THROUGH SAID PARCEL 1 THE FOLLOWING COURSES: (1) NORTH 89° 34' 10" EAST, 25:00 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 22.00 FEET, FROM WHICH A RADIAL LINE OF SAID CURVE BEARS NORTH 89° 34' LO" EAST; THENCE; (2) NORTHERLY, NORTHEASTERLY AND EASTERLY 35.06 FEET ALONG SAID CURVE' THROUGH A CENTRAL ANGLE OF 91 ° 18' 21"; THENCE (3) TANGENT TO SAID CURVE SOUTH 89° OT 29" EAST 149.11 FEET; THENCE (4) NORTH 0° 52' 31" EAST, 1.25 FEET; THENCE (5) SOUTH 89° 0T 29" EAST, 168.69 FEET; THENCE (6) SOUTH 0° 52' 31"WEST, 1.25 FEET; THENCE - (7) SOUTH 69° 0T 29" EAST, 50.37 FEET TO A POINT IN THE NORTHEASTERLY LINE OF SAID PARCEL 1, AND THE HEREIN-DESCRIBED LINE THERE TERMINATING. WHEREAS, the Planning Commission did hold a public hearing at the Chic Center in the City of Anaheim on September 1.8, 2006; at 2:30 p.m., notice of said. public headng having been duly given es required by law and In accordance v+ilh the provisions of the Anaheim Municipal Code, Chapter 18.60, to hearand consider evidence for and against said proposed conditional use permit end to investigate and make findings and recommendations in connection therewith; and that Bald public hearing Item was continued to the October 16, and October 30, 2006, Planning Commission mee0ngs; and WHEREAS, said Commission, after due Inspection, investigation and study made by itself and In Its hehalf, and after due consideration of all evidence and reports offered at said .hearing, does fled and deterrnlne the following facts:. 1. That the proposed request to convert a 132-unit apartment complex Into a 132-unit residential condominium planned unk development vv8h modlflcatbn to standards Is permitted In the RM-4 Zone as a Planned Unit Development (PUD) subject to the approval of a conditional use permit under authority of Code SecBon Nos. 18.06.030.090, 18.06.160 (PUD), and 18.38.400.020 (Conversion of Existing Multiple Family Structures) with waivere of the following: (a} SECTION NO. 18,06.040:010. Minimum lot area Qer dwelllna unit 1 200 square feet per unit required; 1_,152 square feet pet unit exis8ng and proposed) Cr1PC2006-98 ' -1- PC2006-96 (b) SECTION NO. 18.06.090.050 Minimum setbacks between bulldlnas. 30 feet and 15 feet required; 9 and 11 feet proposed) _ . {c) SECTION NO. 18.06:090.060 Maximum well length DELETED 2. That waiver (a) pertaining to the minimum lot area per dwelling unit Is hereby approved because although the lot area-per dwelling unit requirement is within the Zoning Code, It is a standard that Is an Implementation of the density designated by the General Plan for this site. State Law prohibits titles from denying a request for an airspace subdivision within an existing structure due to Inconsistency with the General Plan (in this case, the allowed density of 36 dwelling units per acre; 38 dwelling units existing and proposed)). Since specified sections of the Subdivlslon Map Act to deny the subdlvislon cannot be applied to this project, the application of this development standard would, In effect apply the ~ubdlvis~on'Map Act section that Is , prohibited. 3. That waiver (b) pertaining to the minimum required setbacks between buildings is hereby approved as the existing site cohtalns building separations that vary considerably, An apartment complex across grengewood contains similar building seperetlons for various wall types and the strict application of the zoning coda deprives the property of privileges enjoyed by this other property under identtcal zoning classificallon-ln the vicinity, k, .That waiver (c) pertaining to mex)mum wall length Is hereby denied because this section of the Code fias been modified end this waiver Is no longer required. 5. That the proposed use will not adversely affect the adjoining land uses or the growth and development of the area because the apartment complex is existing, and no expansion or Increase of units Is proposed. The proposed conversion would be compatible with existing and surtounding land uses and. modifications and upgrades proposed to the buildings would enhance the visual Impact of the property an surrounding properties and Ilvabllity for residents within the protect. In addition, this proposal as conditioned Is consistent with other recenfly approved condominium subdivisions. ; 6, That the requested setback modification along Orangewood Avenue is JusBfled In this case because a large portion of the setback area exceeds the minimum 20 feet required. With enhancements along Orangewood Avenue, the property would meet the Intent of this setback requirement along this street by providing landscaping in a lush manner The modiflcafion of standard for the unit s(ze only applies to four (4) of one-bedroom units, and would not have a significant Impact on the quality of the protect. These untts were constructed as originally approved, and this modification from the Code allowed under the Planned Unit Development portion of the cads would not effect the Ilvabllity of the development 7. That based upon review of the project with the requested modiflcaflon of standards end waivers, and taking Into account the Ilmitations on the density provisions based on the Subdivlslon Map Act, the site would comply with the Intent of the General Plan and underlying Zoning Code, making the development suitable far conversion from an existing multiple family apertmentcomplex to asingle-family attached condominum development. 8. That the exisflng structures and other improvements ere in compliance with the Uniform Building Code and other applicable codes as adopted by the City of Anehelm. 9, That the proposed conversion would not create any new units or additional square footage and therefore would not adversely affect the adjoining land uses and the growth and development of the area In which It is proposed because the size end shape of the site for the project has been adequate for the full development of the existing use in a manner not detrimental to the particular area, 10. That the traffic generated by the proposed use will not Impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the protect already exists with 132 dwelling units (as previously approved). No Increase In the number of units Is proposed. -2- PC2008-96 11 That the granting of the conditional use. permit under the conditions Imposed, If any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. 12. That no one lndlcated their presence at said public hearing In opposltlon; and that no correspondence was received In opposltlon -o the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commisslon 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 oflhe inKlal study and any comments received that there is no substentlal evidence that the protect will have a slgniflcant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commisslon does hereby grant subject Petition for Condltlonel Use Permit, upon the following conditions which are hereby found to ba e necessary prerequisite to the proposed. uae of the subject property In order to preserve the health and safety of the Citizens of the City of Anafielm: 1. That final landscape and harrtscape plans shall be submitted to the Planning Commisslon for review and approval as a "Reports and Recommendations" item, The landscape plan shall incorporate layered landscaping within the street setbacks along Orangewood Avenue and Lewis Street and clinging vines, shmbs and groundcover adJacent to all block walls visible from the public right of way. Plans shall reflect the following: • Common open space amenities enhanced with permanent seating and decorative shade structures end additional landscaping to make the pool area and picnic area more Inviting. • Existing utility equipment (gas meters and backflow device) shall be painted and screened with. landscaping where possible. • All landscaped planters shell be enhanced with the use of stacked stone or other decoretive material. • Exterior sclid walls shall be enhanced with the use of stacked stone or other decorative materlai. • The Installation of landscaped planters within the courtyard areas between the bulidings. 2. That all plumbing qr other similar pipes end fixtures located on the exterior of the building shell be fully screened by architectural devices and/ar appropriate bullding materials. Said Infonnatlon shall be specifically shown on the plans submitted for bullding permits. 3. Thai the property shall be permanen9y 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 Ume of discovery. 4. That this Condltlonel Use :Permit is granted subject to the approval and recordaflon of Tentative Tract Map No. 17092, now pending. 6. That any tree planted on-site shall be replaced In a timely manner in the event that It la removed, damaged, diseased and/or deed. 6. That any required relocation of Clty electrical facliltle's shall be at the developer's expense. That landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be shown on plans submitted for bullding penults. 7. That a written Solid Waste Management Plen shallbe submitted to the Pubilc Works :Department, Streets end Sanitation Dlvislon for review and approval. Said plan shell Include a detailed, scaled site plan showing the storage end collection areas and the location of any trash enclosure with enclosure details drewings, end Wck access. -3- PC2006-96 8. That any new beckflow equipment shell be located aboveground outside of the street setback area In a manner fully screened from all public streets, Any beckflow assemblies currently Installed In a vault shall be brought up to current standards. Existing large water system equipment shall be fully screened from ail public streets and alleys. Sold Information shall be shown on plans and approved by Water Engineering and Cross Connection Control Inspector before submittal for building permits. 9. That if this site does not alreadyhave a separate Ircigatfon meter, a separate irc(gation meter shell be installed and shall cgmply with City Ordinance No, 5349 and Chapter 10.19 of the Anaheim Municipal Code. Sold Informatidn shall be shown on plans submitted for building permits... 10, That all existing water services and fire lines shall conform to cun•anl Water Services Standards Speciflca0ons. Any water service andlor fire line that does not meet current standards shall be Upgreded if continued use Is necessary or abandoned If the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon anywater service or fire line, 11. That final detailed elevation plans and colors and materials shall be submitted to the Planning Department far Planning Commission review and approval as a °Reports and Recommendations".Item. Plans shall reflect detailed fagade treatments (shutters and surcpunds.on the wlndoWs and doors), and varied colors on the building wall planes to enhance artlculaNon of the building. Plans should also provide stone veneer wainscoting far portions of the building around the pool, interior courtyard and areas visible to the public right-of-way.. In addition, an enhanced surface shall be provided within the Interior Courtyard end pool areas In place of the existing gray concrete. 12. That the Home Owners Association (HOA) shall have the responslbillty to maintain the building exteriors and use of the property far residential development All common faglllties such as recreational areas, parking areas, community buildings and landscaping, as well as the general appearence of the premises and buildings, shall be adequately and professionally maintained.. 13. That a minimum of 100 cubic feet of storage area shall be provided for each unit. This Inforrraflon shall be speciflcallylndicated on plans submitted for building permits, 14. That the applicant shall submit a plan to reduce the visibility of satellite dishes serving the Individual units. The plan shall be submitted to and approved by the Planning Services Division prior to Issuance of building permits. 15. That subject properly shall be developed substanfleily In er:cordance with plans and apeclflcatbns submkted to the City of Anehelin by the applicant and which plans are on file with the Planning Deparbnent marked Exhibit Nos.1 through 20, and as conditioned herein. 16. That prior to Issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 6, 7, 8, 9, 11,13 end 14, above-mentioned, shall be rromplled wNh. Extensions for further time to complete sold conditions maybe grented kr accordance with Section 18:60.190 of the Anaheim Municipal. 17, That prior to final building and zoning Inspections, Candlflon Nos. 10 and 15, above-mentioned, shall be complied with. 18. Thal approval of this application constitutes approval of the proposed request only to the extent that Il complies with the Anaheim Municipal Zoning Code and any other applicable Clty, Stale and Federal. regulations. Approval does not include any action or findings as to oompliance or approval of the request regarding any other applicable ordinance, regulaflon or requirement 19. That timing for compliance with conditions of approval maybe emended by the Planning Olrectar upon a showing of good cause provided (I) equivalent timing is established that satisfies the original Intent and purpose of the condition(s), (iq the modiflcaflon complies with the Anaheim Municipal Code end (III) the applicant has demonstrated significant progress toward establishment of the uae or approved development. -4- PC2006-96 BE IT FURTHER RESOLVED that the Anahalm Planning Commisslon does hereby find and detemtine that adoption of this Resolutlon Is expressly predicated upon appilcant's compliance with each end all of the conditions hereinabove set forth. Should any such condition, or any pert thereof, be declared Invalid or . unenforceable by the final Judgment of any court of competent Jurisdiction, then this Resolutlon, 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 oase application wllhin 15 days of the Issuance of the final Invoice ar 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 Commisslon meeting of October 30, 2006. Said resolution Is sub)ect to the appeal provisions set forth In Chapter 16.60, "Zoning Provisions -General" of the Anahalm Municipal Code pertaining to appeal procedures end may be replaced by a City Council Resolutlon in the event of an eppeaC (ORIGINAL SIGNED BYGAIL EASTMAN) CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: /ORIGINAL SIGNED BY ELEANOR MORRIS! SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STgTE OF CAt:IFORNIA ) COUNTY OF ORANGE ) ss, CITY OF ANAHEIM ) 1, Eleanor Monis, Senior Secretary" of the Anaheim Planning Commission, do hereby certify that the foregoing eosolulion was passed and adopted at a meeting of the Anaheim Planning Commisslon held on October 30, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS; BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO, VEI:ASOUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE 2006. IN WITNESS WHEREOF, I have hereunto set my hand this day of !ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -5- PC2006-96 ATTACHMENT NO. 3 MEMORANDUM CITY OF ANAHEIM Code Enforcement Division DATE: NOVEMBER 30, 2007 TO: KIMBERLY WONG FROM: APOLIIVAR RAMOS #1006, CODE ENFORCEMENT OFFICER SUBJECT: 2100-50 S. LEWIS ST. On November 30, 2007, I conducted an inspection of the property located at 2100-50 S. Lewis St. The inspection was in regazds to the reinstatement of the C.U.P (CUP2006-5126, tracking case no. CUP2007-05269) to request for time extension to comply with condition of approval. Upon inspecting the property, I observed two violations of the Anaheim Municipal Code. The violations aze as follows: ® There were two un-permitted banners attached to the north side of building. ® There were two portable signs in the pazkway on west side of property, A Courtesy Notice was posted and mailed to the company C.E.O. (KEVIN F. JONES), informing him of the violations and allowing him 1 day to bring the property into compliance. A seazch of the Code Enforcement Division Records revealed that the property has had no prior cases. If you have any further questions, please contact me at ext. 4417 Item No. 1 B C-G RCL 61.62-28 CUP 158 LA CUESTA CONDOMINIUM 36 DU Q U U GG RCL 65-66-118 CUP 3553 CUP 2101 VAR 1799 CUP 1671 ACACIA CE NTER T CUP 132 OLIVEWOOD CONDOMINIUM 72 DU 1ao zss JU PPS ` c~' '~! T 6DU ppTS y ~~ °' `"~ T-CUP 2007 ~ ~w .o CUP 2001-i 6DU ppTS `. N~wm r9 CUP 39 6DU R~4 N wN '; (RCL 55-8' L 56'5 - 7Z ~ CHURC P6 pv Z PATS pP-~g Z fi-~~ '~ vey Y 6DU Q ~ '~, ~. p6 DU p~ pp.1U JJ b 6D _pptS s 2q °~ PPTU PPT~ p-p'!S 6D ~~ 64 16p b b PPTS 6DU Pbw 12 DU pPS ~ qpU A PpjS PpjU °' 6DU 6D .~aa DU PPM PS qpU 40U ~ 16 U~ RM b3.1o RG16215~2 VPPpTS ~~ 12 DU ~m v x ~ z 3 ~ o 0 0 m O m 0 z 3 H y w m m m o 0 1 DU EACH o 0 LA PALMA AVENUE T SYCAMORE JUNIOR HIGH SCHOOL ~i Conditional Use Permit No. 2006-05144 ~~~ Subject Property Tracking No. CUP2007-05274 Date: January 7, 2008 Scale: 1" ~ 200' Requested By: ANTONINE BAKH Q.S. No. 102 1546 East La Palma Avenue - St. John Maron Catholic Church 10436 ATTACHMENT NO. 1 She / Fage Roger Sherman Phone 310 842 9fl04 Tom Farrage Fax 310 042 9094 Architects November 09, 2007 CITY OF ANAHEIM Planning Department Planning Services Division Attn: Della Herrick 200 S. Anaheim Boulevard Anaheim, CA 92805 Dear Sir or Madam, 5878 Smiley Dr. Culver Clly, CA ....... 90232 E-Mail lomQ iarragacom We are requesting fora 1 year extension to comply with conditions of approval for C.U.P. 2006-05144: Saint John Maron Church, located at 1546 East La Palma Avenue in the City of Anaheim., California. We have submitted our drawing package to the City of Anaheim for approval under building permit number BLD2007-01689.. We are currently in the final stage of plan-check and expect to be granted a building permit accordingly. Enclosed please find a check for $1500.00, the required filing fee amount, and 8 sets of photographs of the property and surrounding area. Please contact me if you need additional information or have further questions. Thank you for your consideration and assistance. U, Tom Farrage NEXT r~~ET1~G JAN 0 q 2008 CITY PLANNING COMMISSION i SUP ~0. ~~_ 0 5 ~ r} c; AT'I'ACHMEIV~' N0.2 RESOLUTION NO. PC2006-103 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05144 BE GRANTED (1546 EAST LA PALMA AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF LOT 3 OF THE ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF SURVEY MADE BY WILLIAM HAMEL AND FILED IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, A COPY OF WHICH IS SHOWN IN BOOK 3, PAGE 163 ET SEO, ENTITLED "LOS ANGELES COUNTY MAPS" OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: ' BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 3, SAID POINT BEING SOUTH 89° 51' 30" EAST 307.81 FEET FROM THE NORTHWESTERLY CORNER OF SAID LOT 3; THENCE ALONG SAID NORTH LINE SOUTH 89° 51' 30" EAST 255.36 FEET; THENCE SOUTH 15° 54' 30" EAST 229.22 FEET TO THE NORTHEASTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO THE ANAHEIM UNION .HIGH SCHOOL DISTRICT OF ORANGE COUNTY, RECORDED OCTOBER 31, 1960, IN BOOK 5486, PAGE 542 OF OFFICIAL RECORDS; THENCE SOUTH 74° 13' 33" WEST 242.20 FEET ALONG THE NORTHERLY LINE OF SAID LAND TO THE WESTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE BRETHEREN HOME MISSION COUNCIL, INC., RECORDED JANUARY 4, 1957 IN BOOK 3760 PAGE 167 OF OFFICIAL RECORDS; THENCE NORTH 16° 32' 51" WEST 299.31 FEET TO THE POINT OF BEGINNING. WHEREAS, the Planning Commission did fiold a public hearing at the Downtown ' ' Community Center in the City of Anaheim on November 13, 2006, at 2:30 p:m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60; to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection; investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.14.030.040:0402 (Community 8 Religious Assembly) with the following waivers: (a) SECTION N0.18.14.070.010 Maximum structural height (30 feet permitted; 31 feet fofthe building and 40 feet for the tower proposed;) (b) SECTION N0.18.14.100.010 ' Minimum front vard setback ' (25 feet fully landscaped permitted; 3 to 16 feet landscaped proposed] (c) SECTION NOS.18.14.100.010 AND 18.40.40.010.040 Minimum rear and side vard setback (25 foot rear yard setback required: 3 to 10 feetoroposed) (10 foot side yard setback (west) required; 4 to 10 foot proposed) Cr\PC2006-103 -1- PC2006-103 (10 foot side yard landscape setback (east); 5 foot walkway with 5 foot landscaping proposed). (d) SECTION NO. 18.42.040.010 Minimum number of Dorking spaces (170 required; 86 proposed) .... (e) SECTION NO. 18.44..070.010. Permitted identification sianage ' (Deleted) (f) SECTION NO. 18.46.110.010.010 Maximum fence height (3 foot high fence permitted within the front yard setback; 6 foot high fence proposed) 2. That the above mentioned waiver (a) is hereby approved based on the finding that a higher height for the building addition and steeple is necessary for the architectural features to be in proportion to the scale of the expanded church building and that the adjoining property to the east and south is developed with anon-residential use (Sycamore Junior High School); that the closest residential uses are located over 100 feet to the west (apartments) .and north (residential condominiums across La Palma Avenue); and that the strict application of the zoning code would deprive this church-developed property privileges enjoyed by other churches in the T (Transition) zone. 3. That the above mentioned waiver (b) is hereby approved based on the finding that the property is anique because it is surrounded by a school which is developed with no setback along La Palma Avenue, and is irregularly shaped. The existing location of the building limits the area in which expansion can occur and the need to provide adequate parking further limits the ability for the property to meet the setback requirements. Although the 25 foot wide landscaped setback is not provided there is additional landscaping provided. 4. That the above mentioned waiver (c) is hereby approved on the basis that there are special circumstances that apply to this property because this property abuts a school's tennis court to the east and athletic field to the south. The property to the west is developed with an apartment complex which is separated from the parking field by an existing block wall and the complex is a deck project with no open living area on the ground floor adjacent to the church. In addition, the configuration of the existing church.. building limits the ability for the church to expand. 5. That the parking waiver {d) is hereby approved based upon a parking analysis prepared by Justin F. Farmer Transportation Engineers and reviewed by the City's Traffic Engineer Department providing evidence that adequate parking exists on the property for the expanded church facility on the site, 6. That the parking waiver, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for the church and accessory operations than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonable foreseeable conditions of operation of the church and accessory operations because the parking study indicates that the peak parking demand for off-street parking spaces is lower than the quantity provided for the project site C82 spaces needed and 86 spaces proposed). 7. That the parking waiver, under the conditions imposed, if any, will not increase traffic congestion and will not increase the demand and competition for parking spaces upon the public streets in the immediate vicihity of the use because the church expansion will have adequate parking to accommodate the project's peak parking demands, 8. That the parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because as indicated in the parking study, adequate parking to accommodate the anticipated project peak parking demand will be provided on-site.' -2- PC2006-T03 9. That the parking waiver, under the conditions imposed if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the project site is physically separated from adjacent private properties. Furthermore,_, it has been determined by the parking study that adequate on-site parking spaces are being provided. 10. That the use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located as the parking study has demonstrated that the site can accommodate the combined uses on site; 11. That the above mentioned waiver (e) is hereby denied as it has been withdrawn by the applicant. 12. That the above mentioned waiver (f) pertaining to maximum fence height is hereby approved on the basis that this property is unique due to its location adjacent to a public school which creates the need for additional fence height to secure the property from cut-through pedestrian traffic. 13. That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. 14. That no one indicated their presence at said public hearing ih opposition; and that no correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Planning Commission has reviewed the proposal to expand an existing church and does hereby approve the Negative Declaration upon finding that the declaration reflects the independentjudgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the .project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the Citizens of the City of Anaheim: 1. That this religious institution shall operate consistent with assumptions contained in the approved parking study. If at any such time the operational characteristics of the church change, a detailed description of the operational changes shall be submitted for review by the City's Traffic and Parking Consultant to determine if the changes would cause fewer off-street parking spaces to be provided than the number of spaces provided on site. If it is determined the expected demand is greater than the spaces provided on site, an application for modification of the conditional use permit shall be submitted to the Planning Services Division for approval by the Planning Commission. 2. That the hours of operation shall be limited to the following, except for special church holidays or special meetings: 8:30 a:m. until 11:00 p.m., daily, with services on Sunday and meetings and social events Monday through Saturday. 3. That this facility shall not be used as a private daycare, nursery, elementary, junior and/or senior high school. Said information shall be specifically shown on plans submitted for building permits. 4. That no portable signs shall be utilized to advertise the church. 5. Any additional signs shall be submitted to the Planning Services Division for review and approval. Any decision by staff regarding signs may be appealed to the Planning Commission as a 'Report and Recommendation' item. -3- PC2006-103' 6. That the property shall be permanently maintained in an orderly fashion through the provisions of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of discovery. 7. That prior to the issuance of a grading permit, the applicant shall submit to the Public Works Department, Development Services Division for review and approval a Water Quality Management Plan that: • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. • Incorporates Treatment Control BMPs as defined in DAMP... • Describes the long-term operation and maintenance requirements for the Treatment Control BMPs.. • Identifies the entity that wilt tie responsible for long-term operation and maintenance of the Treatment Control BMPs, and describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. 8. 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 Projects WQMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 9. That prior to demolition of any existing buildings a demolition permit shall be obtained from the Building Division. 10. That prior to issuance of a building permit, the developer shall submit a grading plan to the Public Works Department, Development Services Division and a bond shall be posted to guarantee that La Palma Avenue is improved in accordance with Public Works Standard Detail 160-A. The developer shall remove the existing driveway approaches and replace with curb; gutter, parkway landscaping and sidewalk and also obtain aright-of--way construction permit from the Development Services Division. The improvements shall be constructed prior to final building and zoning inspections. 11. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval in conformance with the Engineering Standard No. 115 pertaining to sight distance visibility for any sign or wall/fence location. Said fence shall include modification of the portion of the existing block wall that is up to six (6) feet high along the east property line along La Palma Avenue to match the proposed fence. 12. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, .identifiers, access points, etc.). 13. That all requests for new water services or fire lines, as well as any modifications; relocations, or abandonment's of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department -4- PC2006-103 14. That since this project has a landscaping area exceeding 2,500 square feet; a separate irrigation meter shall be installed in compliance with Chapter 10.19 of the Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. 15. That all existing water services and fire lines shall conform to current Water Service Standards Specifications. Any water service andlor fire line that does not meet current standards shall be upgraded for continued use if necessary or abandoned if the existing water service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any°water service of fire line. 16. That all backflow equipment shall be located above ground' and outside of the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by the Water Engineering Department. 17. That the legal owner of subject property sfiall provide the City of Anaheim with a public utilities easement (dimensions will vary with electrical design) along/across high voltage lines, low voltage Tines crossing private. property and around all pad mounted transformers, switches capacitors, etc. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 18. That at no time shalt there be any outdoor storage on the site for the church. 19. That any required relocation of City electrical facilities shall be at the developer's expense. 20. That all air-conditioning facilities and other ground-mounted equipment shall be properly shielded from .view and sound buffered from adjacent residential properties. Such information shall be specifically shown oh the plans submitted for building permits 21. That plans shall be submitted to the Planning Services Division for review and approval showing confonmance with the current version of Engineering Standard Plan Nos. 436 and 470 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 22. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 23. That all plumbing or other similar pipes and fixtures located on the exterior of the buildings shall be fully screened by architectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits 24. That final landscape plans shall be submitted to the Planning Services Division for review and approval incorporating minimum 24-inch box size trees and vines along any walls. Any decision by staff may be appealed to the Planning Commission as a Reports and Recommendations item. 25. That separate services and/dr events shall hot be held simultaneously within the sanctuary and gathering area resulting in an increase in parking demand. 26. That prior to issuance of a building permit, the City of Anaheim Combined Central Anaheim Sewer Impact Fee shall be paid. The fee is currently $313.5011,000 s,f. -5- PC2006-103 27. The legal property owner shall submit an application fora Subdivision Map Act Certificate of Compliance to the Public Works Department, Development Services division. A Certificate of Compliance shall be approved by the City Engineer and recorded in the Office of the Orange County Recorder prior to issuance of a building permit. 28. That the subject property shall be developed substantially in accordance with the plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department Exhibit'Nos. 1 through 14 and as conditioned herein. 29. That gates shall not be installed across the driveways in a manner which may adversely affect vehicular traffio in the adjacent public street(s). Installation of any gates shall conform to Engineering Standard Plan No. 475 and shall be subject to the review and approval of the City Traffic and Transportation Manager prior to issuance of a building permit. 30. 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. 3, 5, 10, 11, 12, 14, 15, 16, 20, 21, 22, 23, 24, 26, 27 and 29, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 31. That prior to issuance of a grading permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition No. 7, above-mentioned shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.170 32. That prior to final building and zoning inspections, Condition Nos. 8, 13, 17 and 28 above-mentioned, shall be complied with. 33. 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. 13E 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 commencement of the activity or 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 meefing of November 13, 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 -6- PC2006-103' 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 November 13, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAKI, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: FLORES, VELASOUEZ IN WITNESS WHEREOF, I have hereunto set my hand this day of 2006. (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -7- PC2006-103 ATTACHMENT N0.3 MEMORANDUM CITY OF ANAHEIM Code Enforcement Divisio~t DATE: November 30, 2007 TO: Della Herrick, Associate Planner FROM: Jesse Becerra, Code Enforcement Officer #1011 SUBJECT: Inspection of the property located at 1546 E. La Palma Ave. for Conditional Use Permit time extension request CUP2006-05144 -Tracking No.CUP2007-05274 On Thursday, November 29, 2007, I conducted an inspection of the property located at 1546 E. La Palma Ave. I could not verify all conditions of approval for Resolution No. PC2006-103. I was able to confirm that the property is in compliance with condition No. 30 of Resolution No. PC2006-103. This property has no prior history with Code Enforcement. I did not observe any violations of the Anaheim Municipal Code at this time. If you need any additional information regarding this property, please contact meat ext.4478. (tem No. 1C ° 0 ° ° ° Sq~ ° °~ Ty9~q~,P ° ®° FF ~9 y~~ ~ I RCL 53-5419 ANAHEIM UNION HIGH SCHOOL DISTRICT }, ii RCL 53-5419 ,~;+ T-CUP 2007-05271 ~ry~``f CUP 2006-05075 ~- ~ ~ CUP 2008-05085 ~ "'r~~ T-CUP 2000-04211 °O 1~?-~ ~51;€%y CUP 3724 ~~~.- ADJ D117 ~Tr. r a ~, ~s Cf-CUP 2001-0437 ANAHEIM PLAZA REDEVELOPMENT AREA .~_®. 1 RCL 53-5419 u T-VAR 2002-04509 VAR 2002-04484 SMALL IND. u FIRMS e ' I ~ '~. RCL 53-5419 I v CUP 3070 v j VAR 3404 ' SMALL IND. FIRMS 0 I o RCL 53-5419 VAR 3404 SMALL IND. FIRMS o •- I Conditional Use Permit No. 2006-05075 (Tracking No. CUP2007-05270) Requested By: HMC ARCHITECTS 412 North Crescent Way - St. Thomas Korean Catholic Church a 10434 L RCL 65-66-66 RCL 53-5419 PENHALL COMPANY 1 RCL 65-66-66 RGL 53-5419 PENHALL COMPANY LAUREL PL RS-2 DU EACH ~F ° ® mT~O~T 1 Du Ea ®, °R m ° 9~, ~yF~~ A~ ° q2 '9,0. a S~ GTy ~Rti A 9c~~i c Rq~~R 0,9 0 ~~~~ I RCL 51-52-3 IND. BLDG. PENHALL WAY U.S. POSTAL FACILITY ~~~~~ Subject Property Date: January 7, 2008 Scale: 1"= 200' Q.S. No. 46 ATTACHMENT NO. 1 Architects October 30, 2007 Ms. Della Herrick City of Anaheim Planning Departmerik 200 South Anaheim Boulevard, Suite 162 Anaheim, California 92805 Subject: St. Thomas Korean Catholic Church 414 North Crescent Way Anaheim, California 92801 HMC #4424001 RE: Request for an Extension of Time for CUP Approval of CUP No. 2006-05075 Resolution No. PC 2006-44 Project Owner: Diocese of Orange 2811 East Villa Real Drive Orange, California 92863 Dear Ms. Herrick: HMC Architects, on hehalf of the Diocese of Orange, requests a one (1) year extension of CUP No. 2006-05070 for St. Thomas Korean Catholic Church Project. The Project is currently in Plan Check and expected to be approved in the near future. Enclosed is a copy of a letter dated May 18, 2006, from "the City of Anaheim regarding the Approval of CUP No. 2006-p5075, Resolution No. PG2006-44, eight (8) sets of labeled photographs of the proposed Church property site, and one (1) CD containing submitted CUP Plans and CUP Approval Documents for our request for an extension of time for CUP of St. Thomas Korean Catholic Church Project. Please contact me if you require any additional information. Sincerely, ~~~ Kong- ei Ho Project Leader KFl:dh cc: Eric (:arhonnier File-AG-CUP / AG-RC CUP N0. 200 r ~ K p% 5 260 Mnin Street, Suite 100 +Jrvine,talilornia 92614-629fi • Phcrs- 949.5fi]a 633 • Far 949~5fi]a636 ATTACHMENT NO. 2 RESOLUTION NO. PC2006-44 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05075 BE GRANTED. (412 NORTH CRESCENT WAY) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS. RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF THE SAID WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 8 WITH THE SOUTHWESTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY, 70.00 FEET WIDE; THENCE ALONG THE SAID EASTERLY LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 8, SOUTH 0° 08' 37" EAST 412.72 FEET; THENCE AT RIGHT ANGLES SOUTH 89° 51' 23" WEST 400.00 FEET; THENCE NORTH 0° 08' 37" WEST 676.28 FEET TO THE SAID SOUTHWESTERLY LINE OF SOUTHERN PACIFIC RAILROAD RIGHT-OF- WAY; THENCE ALONG THE SAID SOUTHWESTERLY LINE SOUTH 56 ° 45' 46" EAST 479.02 FEET TO THE POINT OF BEGINNING. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on My 15, 2006, at 2:30 p.m., notice of said public hearing having been duly given as required by law and ih accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: L That the proposed request to expand an existing church to permit a new 15,502 square foot church and to convert an existing 29,100 square foot building into meeting rooms, youth center and administrative offices is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.10.030.040.0402 with the following waivers SECTION NO. 18.42.D40.010 Minimum number of parking spaces 377 required; 339 proposed and recommended by the City's Independent Traffic Consultant) 2. That the parking waiver is hereby approved based upon a parking analysis prepared by the City's Independent Traffic Engineer providing evidence that adequate parking exists on the property for the expanded church facility on the site. 3. That the parking waiver, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for the church and accessory operations than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonable foreseeable conditions of operation of the church and accessory operations because the parking study Cr\PC2006-44 -1- PC2006-44. indicates that the peak parking demand for off-street parking spaces is lower than the quantity provided for the project site (227 spaces needed and 339 spaces proposed). 4. That the parking waiver, under the conditions imposed, if any, will not increase traffic congestion and will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the use because the church expansion will have adequate parking to accommodate the project's peak parking demands. 5. That the parking waiver; under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because as indicated in the parking study, adequate parking to accommodate the anticipated project peak parking demand will be provided on-site. 6. That the parking waiver, under the conditions imposed if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets ih the immediate vicinity of the proposed use because the project site is physically separated from adjacent private properties. Furthermore, it has been determined by the parking study that adequate on-site parking spaces are being provided. 7. That since the peak operations of the church would occur when other industrial business in the area are typically not operating, the expansion would not adversely affect adjoining land uses or or the growth and development of the area in which it is proposed to be located. 8. That the proposed church expansion would not impose an undue burden upon the streets and highways designed to carry the traffic in the area as the parking study has demonstrated that the site can accommodate the combined uses on-site; 9. That the size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety as demonstrated by compliance with code requirements for the proposed building. 10. That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. 11. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received prior to the meeting. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Planning Commission has reviewed the proposal expand an existing church to permit a new 15,502 square foot church and to convert an existing 29,100 square foot building into meeting rooms, youth center and administrative offices with waiver of minimum number of parking spaces; 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 heath and safety of the Citizens of the City of Anaheim: That this religious institution with amulti-purpose building, school and administration offices shall operate consistent with assumptions contained in the approved parking study. If at any such time the operational characteristics of the church change, a detailed description of the operational changes shall be submitted for review by the City's Traffic and Parking Consultant to determine if the changes would cause fewer off-street parking spaces to be provided than the number of spaces provided on -2- PC2006-44 site. If it is determined the expected demand is greater than the spaces provided on site, an application for modification of the conditional use permit shall be submitted to the Planning Services Division for approval by the Planning Commission. 2. That this facility shall not be used as a private daycare, nursery, elementary, junior and/or senior high school.. Said information shall be specifically shown on plans submitted for building permits: 3. That no portable signs shall be utilized to advertise the church. 4. Any additional signs shall be submitted to the Planning Servicesbivision for review and approval. Any decision by staff regarding signs may be appealed to the Planning Commission as a'Report and Recommendation' item. 5. That the property shall be permanently maintained in an orderly fashion through the provisions of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 6. That by May 15, 2006, the chain link fence along the north property line shall be replaced with a masonry wall 7. That prior to the issuance df 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 cpnnected 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. o Incorporates Treatment Control BMPs as defined in DAMP. • Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. • Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs, and describes the mechanism for funding the long-term operation and maintenance bf the Treatment Control BMPs. 8. That prior to issuance of a certificate of occupancy, the applicant shall e 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 Projects WQMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. That prior to demolition of any existing buildings a demolition permit shall be obtained from the Building Division. 10. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval in conformance with the Engineering Standard No. 115 pertaining to sight distance visibility for any sign or wall/fence location. -3- PC2006-44 11. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments pf eaph device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.). 12. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment's of existing water services and fire lines, shall be coordinated through Water , Engineering Division of the Anaheim Public Utilities Department 13. That since this project has a landscaping area exceeding 2,500 square feet; a separate irrigation meter shall be installed in compliance with Chapter 10.19 of the Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. 14. That all existing water services and fire lines shall conform to current Water Service Standards Specifications. Any water service andlor fire line that does not meet current standards shall be upgraded for continued use if necessary or abandoned if the existing water service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service of fire line. 15. That all backFlow equipment shall be located above ground and outside of the street setback area in a manner fully screened from all public streets. Any badkflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by the Water Engineering Department: 16. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim (Water Engineering Division) an easement twenty (20) in width for waters service mains and or an easement for large meter and other public facilities. 17. 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. 436 and 470 pertaining to parking standards and driveway locations. Subject property shall thereupon be developetl and maintained in conformance with said plans. 18. That trash storage areas shall be improved to include the existing gates to be refurbished as deemed acceptable to the Public Works Department and in accordance with approved plans on file with said Department. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers or tall shrubbery. The level of trash collections service shall also be increased. Said information shall be specifically shown. on the plans submitted for building permits. 19. That the legal owner of subject property shall provide the City of Anaheim with a public utilities easement (dimensions will vary with electrical design) along/across high voltage lines, low voltage lines crossing private property and around all pad mounted transformers, switches capacitors, etc. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 20. That at no time shall there be any outdoor storage on the site for the church. 21. That any required relocation of City electrical facilities shall be at the developer's expense, 22. That all air-conditioning facilities and other ground-mounted equipment shall be properly shielded from view and sound buffered from adjacent residential properties. Such information shall be specifically shown on the plans submitted for building permits. -4- PC2006-44 23. That all plumbing or other similar pipes and fixtures located on the exterior of the buildings shall be fully screened by architectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits 24. That four (4) foot high address numbers shall be displayed on the roof of the building ih contrasting color to the roof material The numbers shall not be visible to adjacent and nearby'streets or properties. Said information shall be specifically shown on plans submitted to the Polide Department, Community Services Division, for review and approval 25. That prior to application for water meter, fire line or submitting the water improvement plans for approval, the developer/owner shall submit to the Publid Utilities Water Engineering an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be sued to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required td serve the project shall be done in accordance with Rule No. 15A:6 of the Water Utility Rates, Rules and Regulations. 26. That an Emergency Listing Card, Form ADP-281 shall be completed and submitted in a completed form to the Anaheim Police Department. 27. That No Trespassing 602(k) P.C. signs shall be posted at the entrance to the parking lot and located in other appropriate places. 28. That all entrances. to the parking area shall be posted with appropriate signs per 22658(a) C.V.C to assist in removal of vehicles at the property owner's request. 29. That separate services and/or events shall not be held simultaneously within the sanctuary and multi- purpose building resulting in an increase in parking demand. 30. That a plan shall be submitted to the Planning Services providing a mechanism (e.g. signage or fencing) to limit vehicular access to church staff only for the parking area located east of the new church building. 31. That the existing chain link fence along the north property line shall be interwoven with PVC slats. Said information shall be specifically shown on plans submitted for building permits. 32. That the subject property shall be developed substantially in accordance with the plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department Exhibit Nos. 1 through 10 and as conditioned herein.... 33. 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. 2, 10, 11, 13, 15, 16, 17, 18, 22, 23, 24, 25, 30 and 31, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60:170 of the Anaheim Municipal Code. 34. That prior to issuance of a grading permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition No. 7, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.170 35. That. prior to final building and zorring inspections, Condition Nos. 8, 26, 27, 28 and 32, above-mentioned, shall be complied with. 36. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. -5- PC2006-44 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 tc the commencement of the activity or issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application:. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 15, 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 ) 1, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on May 15, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, KARAKI, VELASOUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: ROMERO VACANT: COMMISSIONERS: ONE VACANCY IN WITNESS WHEREOF, I have hereunto set my hand this day of 2006. (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION _g_ PC2006-44 A'T'TACHMENT N0.3 MEMORANDUM CITY OF ANAHEIM Community Presen~ation Division DATE: NOVEMBER 30, 2007 TO: DELLA HERRICK, ASSOCIATE PLANNER FROM: JIMMY HOANG #1022, CODE ENFORCEMENT OFFICER SUBJECT: 412 N. CRESCENT WAY On November 30, 2007, I conducted an inspection of the property located 412 N. Crescent Way. The inspection was in regards to a request for a reinstatement of a C.U.P. (CUP2006-05075, tracking case no. CUP2007-05270). Upon inspecting the property, all provisions for the reinstatement of this conditional use permit have been met except for provisions #6, 7, 8, 9, 10, 11, 12, 13, 14, 26, 27, .and 28. For provision #6, 7, 8, 9, and 10, because there demolition project for the site has not started. For provisions #11, 12, 13, and 14, the Water Engineering Division of the Anaheim Public Utilities Department is handling the issues. For provision #26, I was unable to examine an Emergency Listing Cazd, Form ADP-281, since it is not on file with Community Preservation and the Anaheim Police Department will be obtaining such information. Provisions #27 and #28 shall require the installation of No Trespassing signs and 22658(a) C.V.C. signs will be enforced by the Anaheim Police Department. A search of the Community Preservation Division Records revealed that the property has had three (3) prior cases in the past for Anaheim Municipal Code violations. On August 2002, there was a complaint filed regarding a banner on the property without a Special Event Permit. The case was closed that same month. On September 2003, there was a case regazding trash and furniture items being stored on the property. This case was closed out in October of 2003. The last recent case in July 2005 was for overgrown vegetation and illegal dumping of refuse and waste. This case was closed out the same month. If you have any Further questions, please contact me at ext. 4482. Thank you. Jimmy Hoang Code Enforcement Officer #1022 ihoane(a~anaheim.net Item No. 2 xw °:i °o¢ w ~ ¢ o~ wQ aw ~W ~~ s°°>o ~Po ` xm mm `s. m~ wd : Se mom ~'_ .< 5'a LLm i uu~ ~~~ ~iu GRANGEiHOPPE AVENUE IARAUAA AVENUE UNCGLN AVENUE ¢= w eAU ~ 4 5 PWO b WITELLA ~ ~ AVENUE CHAPMPN AVENUE i~u ~ ow •w ~w a¢ Q z~ mm w g m mm wm g ~e m9 0 Z 4 Mlic Zoning Code Amendment No. 2006-0 0052 Subject Property Date: January 7, 2008 Scale: Graphic Requested By: CITY OF ANAHEIM Q.S. No. nla Citywide ~aa2a 200 S. Anaheim Blvd. Suite X182 Anaheim, CA 92805 Tel: (714) 785-5139 Fax: (714) 765-5280 wixw.aneheim.net ]PI. G C® I55I®N AGI;I~A ........:...:...:. City of Anaheim PLANNINC'a I~EI'AR'T10~[EIVT DATiF: aArruA~r~ 8, 2oot~ ~r®r~: FI.AI~NiNG sil8v><CES ft~dAPIAGER Sl(TBJECT: Z®I+I%NG C®I9E AIVII;PIIlDIVIJ/NT 1V®. 2006-00052 L®C~,TY®PI: Citywide REO~ST: This is aCity-initiated request by the Planning Department to amend various sections of Title 18 "Zoning" of the Anaheim Municipal Code. REC®ftI1~INKiDATI®PI: Staff recommends that the Commission continue this request to January 23, 200!3, to allow time for staff to finalize the requested amendments.. Re~sp/Jectfu/lly submitted, JgY~I~ ~~1/?f l/l.~ Principal Planner Manager I~I!'I N®. 2 J ' \ SP 94-1 RCL 65-66-24 \ \ (Res of Intent to Mt_) ° RCL 65-66-13 CUP 2169 \ T-CUP 20D3-04675 .~ CUP 4020 WARNER SPREADING BASI N (O.C.W.D.) ~ ~ ~. ,~'vwWr s,~ No~heast Area) a , ~ ~ :~,=SP 94 1 >%~. ~~ Alpha ( Prole®?re®' ~ ~~~`'~RCL 80-81 42~,~~ '~ Redevelop~~t ® ~ ~' x T CUP 2007-05251 ~' ®m ® ~~~~~ CUP X32 ~`~~~'~~~ .~ a mm n ® =',.3~,;,s/ ~ CUP 1593 ~~`~'-~. r ° ~ PARKINGISTORAGE ~~`~~ ` ~ ~~ ~~~~~~ ~ SP 94-1 =~"~~" ° 0 490' o ® ®e ° ~G SP 94-1 ®° RCL &5-66-13 cJ1i ° T 2 ®RCL 65-66-13 ° L~ ~e -9i ORANGE COUNTY T ,°~o`°~id WATER DISTRICT ORANGE COUNTY WATER DISTRICT ~A~~~~~ ° 'j•Aq~s r .~~-9~~ e o~J ° o' ®/\. BI / \ N Conditional Use Permit No. 3277 (Tracking No. CUP2007-05251) T ~~ Subject Property Date: January 7, 2008 Scale: 1" = 200' Q.S. No. 150 Requested By: CITY OF ANAHEIM 950 - 970 North Tustin Avenue Kassa Date ofAenal Photo: Conditional Use Permit No. 3277 (Tracking No.2007-05251) Requested By: CITY OF ANAHEIM 950 - 970 North Tustin Avenue Subject Property Date: January 7, 2008 Scale: 1" = 200' Q.S. No. 150 10364 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Faz: (714) 765-5280 www.anaheim.net I'Y'EM N®. 3 PLANNING COMMISSI®N AGENDA REP®RT `City of Anaheim '. PLANNING DEPARTMENT DATE: JANUARY 7, 2008 FROM: PLANNING SERVICES MANAGER SUBJECT: CONDITIONAL USE PERMITNO.3277 (TRACHING NO. CUP2007-05251) LOCATION: 950 - 970 North Tustin Avenue APPLICANT: The applicant, is the City of Anaheim and the property. owner is Barry Konier. REQUEST: This is a request initiated by the Planning Department to revoke or modify Conditional` Use Permit No 3277, which permits office uses in an existing industrial building and a waiver to permit an electronic readerboazd sign. RECOMMENDATION: Staff recommends that the Commission, by motion, withdraw this request. BACKGROUND: This property is developed with office and industrial businesses and is located within the Northeast Area Specific Plan, Commercial Area (SP94-1 - Development Area 5). Conditional Use Permit No. 3277 to permit office uses in an existing industrial building with freestanding signs that aze closer together than code permits, was approved by the City Council on August 21, 1990. Two of the businesses aze presently conducting automobile repairs and one of the businesses is selling recreational vehicles and storing vehicles outdoors in violation of this permit. These uses require approval of a conditional use permit. This entitlement also allows an electronic readerboazd sign to advertise businesses on the property; however, the sign has been advertising businesses not on the property. In addition, the sign has not been maintained, panels have been added to the sign that are not permitted and the sign permit was not finalized by the Building Division. On August 20, 2007, at the request of the Code Enforcement Division, the Planning Commission determined that the subject conditional use permit should be set for public hearing to consider the revocation or modification of the permit. A certified CONDITIONAL USE PERMIT NO. 3277 January 7, 2008 Page 2 of 2 letter dated September 28, 2007, was sent to the property owner of record to provide written notification that the conditional use permit would be considered at the October 15, 2007, Planning Commission meeting. This request was continued to allow the property owner fime to address the issues. The property owner has subsequently ceased to advertise off-site businesses on the electronic readerboazd sign and has refurbished the sign incompliance with code and is in the process of obtaining a final inspection for the sign permit: The property owner has submitted an application to amend the conditional use permit to allow the existing un-permitted businesses on the property. The property owner has also improved the site conditions by repairing the slats of the existing chain link fences and improving the landscape. Because the applicant is in the processing of correcting violaflons, and has filed a modification request to permit sales'and service of vehicles, staff recommends a withdrawal of this request. Respectfully submitted, Co uned by Principal Planner P g ervices Manager Item No. TERANIMAR DR v y ~-~ w RS-2 r~n ~ 1 DU EACH z ~~ AR 3520 p LYNROSE DR o ~~ ~ cc ^ a = RS-2 z RS-2 1 DU EACH 1 DU EACH GLEN HOLLY DR VAR 3157 R= 1DU1 RS-2 1 DU EACH . VAR 1628 RS-2 1 DU EACH - - RCL 1 DU EACH d F RS-2 ~~"`,^" RS-2 ~ w 1 DU EACH T M M 1 ` ` N TP 833 s ~ ,~„ ~M s:' v 3 O Q ~ RCL.2004-00141 .,~ ~ i, s ~; , d~a^ ~ v RCL B6-09.25 T - T "~ 4 CUP 2004.44951 ~ '~~ RCL 2007-00213 ': 4 = c CONDOS T N a ~~: CUP 2007-05268 '; y = ~ . 16 DU MIS 2007-00226 . ~~. ~ O1 ~ T1TA 1 92) ~ ( s; ~ VAR 2934 x sF~~ ~. ~~x~ti BALL RD f'~-- 231 ' -w}m-132 ' -a-~ I F U H N F 2 _U' 7 O U H N N H _ aUa U' N W H ~ ~ W O w Reclassification No. 2007-00213 Conditional Use Permit No. 2007-05268 Tentative Tract Map No. 17164 Miscellaneous No. 2007-00226 Requested By: MAHENDRA DESAI 3083 and 3087 West Ball Road T (MHP) RCL 82-83-28 CUP 763 VAR 1832 - MOBILEHOME PARK Subject Property Date: January 7, 2008 Scale: 1" = 200' Q.S. No. 10 ~i 1oa2o Aerial Photo: Reclassification No. 2007-00213 Conditional Use Permit'No. 2007-05268 Tentative Tract Map No. 17164 Miscellaneous No. 2007-00226 Subject Property Date: January 7, 2008 Scale: 1" = 200' Q.S. No. 10 Requested By: MAHENDRA DESAI 3083 and 3087 West Ball Road iaazo ITEM NO. 4 PLANNING COMMISSION AGENDA REPORT City of Anaheim , PLANNING DEPARTMENT DATE: JANUARY 7, 2008 FROM: PLANNING SERVICES MANAGER SUBJECT: RECLASSIFICATION NO. 2007-00213 CONDITIONAL USE PERMIT NO.2007-05268 TENTATIVE TRACT NO. 17164 MISCELLANEOUS CASE N0: 2007-00226 `LOCATION: 3083' and 3087 West Ball Road APPLICANT/PROPERTY OWNER: The applicanfisDesai Construction'and Development and the property owners"are the Heitman Living Trust'and the Brock Family Trust. REQUEST: The applicant requests approvalof the following applications to'construcY a' 20-unit single-family attached residential condominium complex: (a) Reclassification No. 2007-00213 -Request to reclassify the property from the T (Transition}zone to the RM-1 (Multiple-family Residential)'zone. (b) Conditional Use Permit No: 2007-05268 Request to construct a 20-unit attached single-family condominium planned unifdevelopmenYwith the modification of development standards to permit landscape and building setbacks less'than required: (c) Tentative Tract Man No'-17164 -Request to establish a 1=lot, 20-unit airspace residential condominium subdivision. (d) Miscellaneous Permit No 2007-00226 -Request foY Planning Commission determination of conformance with the Density Bonus Ordinance to construct a 20-unitcondominium development, with a 20% densitybonus and 2 affordable units and a Tier Two Incentive to permit the building to be closer' to the east property line than required. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net RECLASSIFICATION NO. 2007-00213 January 7, 2005 Page:2ofS: RECOMMENDATION: Staff recommends that the Commission take the following actions: (a) By motion, approve a Negative Declaration. ,.. (b) By resolution, approve Reclassification No. 2007-00213. ' (c) By resolution, approve Conditional Use Permit No. 2007-05268. (d) By resolution, approve Tentative Tract Map No. 17164. '` (e) By motion, approve Miscellaneous Case No. 2007-00226 BACKGROUND: This hearing was continued from the December 10, 2007, Planning Commission meeting at the request of the applicant to resolve a street improvement issue. These properties are developed with 2single-family residences. They are located within the Transition (T) zone. The General Plan designates this property and properties to the west for Corridor Residential land uses. Properties to the north and east are designated for Low,Density Residential land uses: Properties to the south across Ball Road are designated for Low Medium Density Residential land uses. A deviation from the City's standards for private residential streets was approved by the City Engineer on December 1,7, 2007: -Modifications to the required widths of the sidewalk and parkway at the entry of the project were approved: along with'a decorative walkway in place of a sidewalk along the internal roadways of the project. Section 65915 of the State Government Code requires cities to allow certain density bonuses, development incentives and reduced parking requirements for housing developments thafprovide housing opportunities to households with very-low, low and moderate incomes. The Zoning Code implements these State requirements. The Code allows applicants a menu of "tiered" incentives that offer two levels of review based; on the type of incentives requested and the level of affordability proposed. Tier One Incentivesreceive staff level review.:: Tier Two Incentives require a noticed public hearing before the Planning Commission. The requested incentives shall be granted if the proposed housing development is in conformance with the requirements of Code, unless findings can be made for denial PROPOSAL: The: applicant proposes to construct a condominium development consisting of 20 units within 5 buildings. The buildings will share access from a private street off of Ball Road: The entries to the homes will be adjacent to the gazages and the homes'. along Ball Road have porch entryways facing the main arterial: Please refer to the project summary chart attached: to the staff report. for project details: The applicant requests to change the zone of the properties from the Transition (T) to the Multiple- family Residential (RM-1) zone in order to implement the project. A conditional use permit for a Residential Planned Unit Development is requested, as well as modifications to development standards. for the landscape and building setbacks along the north, west and east property lines. RECLASSIFICATION NO. 2007-00213 January 7, 2008 Page 3 of 5 A Planning Commission determination of conformance with the Density Bonus Code is requested. The code permitsa maximum of 16 residences for the project and a 20% density bonus is requested to construct 4 additional homes, for. a otal of 20 condominiums.: A Tier 2 development. incentive is also requested:- The applicant: has agreed to provide a minimum of 2 residences, which is 10% of the total units, as affordable to lower income households. ANALYSIS: -The project has been evaluated against applicable development standazds and'is in compliance: Following isstaff's analysis and recommendations on theaequested project. ; Zone change:.. The. applicantrequests that the property be rezoned from the T zone to the RM-1 zone:; The requested rezoning would be compatible with the General Plan designation of Comdor Residential: The RM-1' zone is the appropriate implementation zone. for the type of development proposed. Conditional use permit: A conditional use permit is required for any Residential Planned Unit Development: The project is compatiblewith the surrounding residential uses,: including a condominium development recently constructed to the west. The project complies with all . requirements of the RM-L Zone with the exception of the required andscape and building setbacks along the north, east and west property lines.; Modification to standards for landscape and building setbacks: Building and landscape setbacks. meek code requirements with the exception of the following modifications: Ad'aeent°to, "Re uired,Setbaek. ".~,~~,,,r.>3uildiri Pro`osedSetBack North Pro erty Line 10 feet landsca a Buildin s land 3 1-6 feet East Pro ert Line 35 feetbuildin Buildin 3 2n sto ) 28-30 feet* 10 feet landscape Building 1, Unit 1 Pazkin stalls 1 foot 5 feet 8 inches : 25 feet buildin ' Builin 5, Unit 20 20 feet West Property Line 15 feet building Buildin 1 and 4 12=20 feet *Tter 2 Incentive Modifications to standazds aze allowed in order to achieve good project design, privacy, livability, and compatibility with surrounding uses. Landscape and building setbacks may be modified by conditional use permit. The reduction in the landscape setbacks accommodates safe and convenienfexiting from parking stalls. The proposed setbacks aze adequate as these minor deviations will not limit the privacy' of adjacent neighbors. The yards adjacent to all the property lines aze wide enough to buffer the homes from the adjacent uses; therefore, privacy is not a concern Density bonus: The project will provide affordable housing in furtherance of the City's Housing Element. The project proposes 10% of the total units to be sold as affordable to Lower income households, and is entitled to one Tier One or Tier Two Development Incentive. The applicant requests a Tier Two incentive to reduce the required second story setback for Building 3. The City is required to grant the requested incentive if the proposed housing development is in conformance with Code, unless it makes the proper findings for denial. The project is consistent with Code requirements to grant the requested incentives. The applicant's pro-forma on file with the Planning Department has RECLASSIFICATION N0. 2007-00213 January 7, 2008. Page 4 of 5 demonstrated that the requested incentive will be necessary to make the housing units economically feasible. Prior to issuance of building permits for this housing development, the applicant is required to enter into a Density Bonus Housing Agreement with the City to ensure that the affordable units will remain restricted and affordable to the designated group for a period of at least 30 years and thatall of the requirements of code will be met. Building elevations: Staff believes the elevations'complement he neighborhood and aze consistent with the City's design policies. for corridor residential developments. The elevations incorporate azchitectural detailing through the use of a variety of materials such as wood, stucco and stone veneer, and a complementary range of colors:: The units along Ball Road have. entry porches to create a pedestrian friendly street environment consistent with the General Plan design guidelines forcorridor+ residential developments: The elevations were: completed prior to the recent direction that all new ' construction projects undergo review by the City's architectural consultant. CONCLUSION: Staffreconunends approval of this projectbecause it furthers the goals of the General Planby implementing the Corridor Residential'landuse designation and affordable housing for low income families: The project creates a livable community and provides appropriate'setbacks and' height lunits to maintain the privacy of the adjacent residential neighborhood. Respectfully subnmi-tted, Concurred by, ~dYl~3 ~`/YU Principal Planner 1 'ng rvices Manager Attachments• --.=- L Project Summary 2. DraftResolution-Reclassification 3. Draft Resolution =Conditional Use Permit 4: Draft Resolution -Tentative Tract Map 5. Letter of Request The followingattachmentwas provided to the Planning Commission and is available forpublic review at the Planning Services Division at City Ha1L 6. Plans , ATTACY3MENT NO. 1 PROJECT SUNiMAI2Y Il'evelopment Standard ' `„ Proposed-Pro~eet RM"1.5tandards (minimum ' '" ° , ~, .. '~ `pnless`noted Site Area 1.22 acre N/A General Plan Density 16.4 du/acre* 13 du/acre maximum Lot Coverage 36% 50% maximum Average Recreafion Leisure Area er DU 540 s.f. 350 s.f. Parkin 48 s aces 40 s aces* Landscaping North (adjacent to SFR zone) 1-28 feet 10 feet East (adjacent to SFR zone) 25-30 feet 10 feet South (adjacent to Ball Road) 15-20 feet 15 feet West 12-20 feet 5 feet Building Setback North (adjacent to SFR zone) 28-33 feet 35 feet East (adjacent to SFR zone) 30 feet 30 feet** .South (adjacent to Ball Road) IS-20 feet 15 feet West 15 feet 19 feet Buildin Hei ht 27 feet 40 feet maximum Number ofbedrooms/baths 3 bedroom/2.5 bath N/A *Density bonus standazd **Tier 2 Incentive [D~AF'I'] A']f"'I"ACffl[I0~IEIVT' Al®. 2 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 2007-00213 BE APPROVED (3083 AND 3087 WEST BALL ROAD) WHEREAS, the Anaheim Planning Commission did receive a verified petition for Reclassification for real property situated in the City of Anaheim, County of Orange, State of California, described as follows: 3083 West Ball Road: THE WEST 165 FEET OF THE SOUTH 264 FEET OF THE WEST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFRONIA. EXCEPTING THEREFROM THE WEST 6 FEET OF THE SOUTH 150 FEET THEREOF. 3087 West Ball Road: THE EAST 66 FEET OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, AND THE WEST 6 FEET OF THE SOUTH 150 FEET OF THE WEST 165 FEET OF THE SOUTH 264 FEET OF THE WEST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE I 1 WEST, SAN BERNARDINO BASE AND MERIDIAN. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 10, 2007 at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed reclassification and to investigate and make findings and recommendations in connection therewith; .and that said public hearing was continued to the January 7, 2008, 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 applicant proposes reclassification of subject property from the T (Transition) zone to the RM-1 (Multiple-Family Residential) zone. -1- PC2008-*** 2. That the proposed RM-1 zone would be consistent with the proposed Comdor Residential land use designation of the General Plan. 3. That the proposed reclassification of subject property is necessazy and/or desirable for the orderly and proper development of the community. 4. That the proposed reclassification of subject property does properly relate to the zones and their permitted uses locally established in close proximity to subject property and to the zones and their permitted uses generally established throughout the community. 5. That *** indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal and does hereby approve the Negative Declaration upon finding that the declazation reflects the independent judgment of the lead agency and that it has considered the Negative Declazation 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 environrnent. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to exclude the above-described property from the T (Transition) Zone and to incorporate said described property into the RM-1 (Multiple-Family Residential) Zone upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of subject property in order to preserve the health: and safety of the Citizens of the City of Anaheim: COA Conditions of Approval Responsible for Monitorin TIMING: PRIOR "TO fN?'RODUCTION ®F"ORDINANCE . ~ - ' COAL . That prior to introduction of an ordinance rezoning subject property, a Planning preliminary title report shall be furnished to the Planning Services Division showing the legal vesting of title, a legal descriptiori and cantainin a ma of the ro erty: GENERAL'. ` COA3 That approval of this application constitutes approval of the proposed Planning request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. -2- PC2008-*** BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject property; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which maybe approved or denied by the City Council at its sole discretion. 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. 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 January 7, 2008. 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. CHAIl2MAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2008-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 January 7, 2008, 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 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION _4_ PC2008 *** [I-1ftA1FT] A'g'TAC1EiIVIENT AI®. 3 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO.2007-05268 BE APPROVED (3083 AND 3087 WEST BALL ROAD) WHEREAS, the Anaheim Planning Commission did receive a verified petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California described as follows: 3083 West Ball Road: THE WEST 165 FEET OF THE SOUTH 264 FEET OF THE WEST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFRONIA. EXCEPTING THEREFROM THE WEST 6 FEET OF THE SOUTH 150 FEET THEREOF. 3087 West Ball Road: THE EAST 66 FEET OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, AND THE WEST 6 FEET OF THE SOUTH 150 FEET OF THE WEST 165 FEET OF THE SOUTH 264 FEET OF THE WEST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE l I WEST, SAN BERNARDINO BASE AND MERIDIAN. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 10, 2007 at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the January 7, 2008, 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 applicant proposes a conditional use pernut to construct a 20-unit detached single-family residential planned unit subdivision with modification of development standards. -1- PC2008 *** 2. That the proposed request to construct a ZO-unit attached single-family residential planned unit condominium complex with modification to standazds is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section Nos. 18.06.030.040..0402 (Dwellings -Single-Family Attached) and 1.8.06.160. 4. That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the azea in which it is proposed to be located because the proposed project is compatible with surrounding land uses and complies with all provisions of the code except as requested herein. 5. That the new buildings aze compatib]e with the scale, mass, bulk, and orientation of existing buildings in the surrounding azea. The project is consistent with applicable design guidelines adopted by the City. 6. That vehicular and pedestrian access is adequate. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 7. 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. 8. That *** indicated their presence at said public hearing in opposition; and that *** 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 declazation 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 approve subject Petition for Conditional Use Permit on the basis of the aforementioned findings and subject to the following conditions of approval: COA Conditions of Approval Responsible for Monitorin TIMING: PRIDE TO ISSUr1lF~C& OP%BUIlDl11iG':P~R~III' .! - ; :- ~_, r . COAL That final detailed elevation plans including colors and Planning materials shall be submitted to the Planning Services Division for review and approval. Any decision by staff regazding said plans maybe appealed to the Planning Commission as a "Re orts and Recommendations" item. -2- PC2008-*** COA2 That all air-conditioning facilities and other ground-mounted Planning equipment shall be properly shielded from view and the sound buffered from adjacent residential properties. Such information shall be specifically shown on the plans. submitted for building ermits. COA3 That roll-up gazage doors shall be shown on plans submitted Plamung for building permits. Said doors shall be installed and maintained as shown on submitted lans. COA4 That all plumbing or other similar pipes and fixtures located Planning on the exterior of the building shall be fully screened by azchitectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building ermits. COAS That an automatic fire sprinkler system shall be designed, Fire Department installed and maintained as required by the Fire Department. Such information shall be specifically shown on the plans submitted for buildin ermits: COA6 That the locations for future .above-ground utility devices Planning including, but not limited to, electrical transformers, water backfiow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City de aztments. COA7 That any required relocation of City electrical facilities shall Utilities -Electrical be at the developer's expense. That landscape and/or Engineering hazdscape screening of all pad-mounted equipment shall be required and shall be shown on plans submitted for building ermits. COA8 That gates shall not be installed across any driveway or Public Works - private street in a manner which may adversely affect Traffic vehicular traffic in the adjacent public street: That if gates .are proposed, such installation shall conform to Engineering Standazd Plan No. 475 and shall be subject to the review and approval of the City Traffic and Transportation Manager. Said information shall be specifically shown on plans submitted for building ermits. COA9 That plans shall be submitted to the City Traffic and Public Works - Transportation Manager for review and approval of wall and Traffic fence locations to determine conformance with Engineering Standazd No. 115. -3- PC2008-*** COA10 That the owner shall be responsible for the Public Works - relocation/removal of any equipment in the right-of--way in Traffic the event that street widening or the proposed driveway en conflict with existin a ui ment. COAL l That all backflow equipment shall be located above ground Water outside of the street setback azea in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standazds. Any other lazge water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback areas in a manner fully screened from .all public streets and alleys. Said information shall be shown on plans and approved by Water Engineering and Cross Connection Control Inspector before submittal for buildin ermits. COA12 That since this project has a common landscaping area Water exceeding 2,500 squaze feet, a sepazate irrigation meter shall be installed and shall comply with City Ordinance No. 5349 and Chapter 10.19 of the Anaheim Municipal Code. Said information shall be shown.on plans submitted for building ermits. COA13 That all existing water services and fire lines shall conform Water to current Water Services Standazds Specification. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The applicant shall be responsible for the costs to upgrade or abandon an water service or fire line. COA14 That prior to application for water meters, fire line or Water 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 accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and Re lations. COA15 That prior to issuance of the first building permit, excluding Public Works - model homes, the final map shall be submitted to and Development approved by the City of Anaheim and the Orange County Services Surveyor and then shall be recorded in the Office of tlae Orange County Recorder (Subdivision Map Act, Section b6499.40). -4- PC2008-*** COAI6 That prior to issuance of a building permit, the City of Public Works - Anaheim Sewer Impact Mitigation fee for Zone B of Development $1,727/unit for the West Anaheim Area shall be aid: Services COA 17 That prior to issuance of building permit, the final map shall Public Works - be submitted to and approved by the City of Anaheim and Development the Orange County Surveyor and then shall be recorded in Services the Office of the Orange County Recorder (Subdivision Map Act, Section 66499.40 COA18 That streets within the development shall be privately Planning maintained. On-street pazking is allowed only in designated Public Works - pazking stalls. Said information shall be indicated on the Development building, grading and street improvement plans to include Services either no pazking signs or red curbs to identify the pazking restriction. COA19 That final landscape and fencing plans in compliance with Planning Zoning Code requirements 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 or a nunimum brown'trunk height of 8 to 10 feet, shrubs, groundcover, and clinging vines to be planted in layers on all walls visible from the public right-of--way and within landscaped setbacks: The landscape material selected shall be appropriate to the width of the planter azea. Decorative pavement shall be shown of the vehiculaz entry to the site. Any decision made by the Planning Department regazding said plan may be'appealed to the Planning Commission as a R orts and Recommendations item. TIMING: P RIOR -TO ZSSUA1VCEs®F GR:4DING PER1kIIT COA20 That the applicant shall submit to the Public Works Publib Works - /Development Services Division, for review and approval, a ' Development Water Quality Management Plan, as described in Drainage Services Area Management Plan for Orange County. Said WQMP shall: ® Address Site Design Best Management Practices (HMI's) such as minimizing impervious azeas, maximizing permeability, minimizing directly connected impervious azeas, creating reduced or "zero discharge" areas, and conserving natural azeas. ® Incorporate applicable Routine Source Control BMPs. ® Incorporate Treatment Control HMI's. ® Describe the long-term operation and maintenance, identifies the responsible parties, and funding mechanisms for the Treatment Control HMI's: -5- PC2008-*** COA21 That the applicant shall demonstrate that coverage has been Public Works - obtained under California's General Pernut for Stormwater Development Discharges Associated with Construction Activity by Services providing a copy of the Notice of Intent (NOi) submitted to the State Water Resources Control Boazd and a copy of the subsequent notification of the issuance of a Waste Dischazge Idenfification (WDID) Number. The applicant shall prepaze and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall be kept at the ro'ect site and be available for Ci review on re uest. COA22 That the applicant shall submit a Drainage Study prepazed Public Works - by aregistered professional Civil Engineer in the State of Development California. The Study shall be based upon and reference the Services latest edition of the Orange County Hydrology Manual and the .applicable City of Anaheim Master. Plan of Drainage for the project area. All drainage sub-azea boundaries per the Master Plan for Drainage shall be maintained. The Study shall include: an analysis of 10-, 25- and 100-yeaz storm frequencies; an analysis of all drainage impacts to the existing storm drain system based upon the ultimate project build-out condition; and address whether off-site and/ or on- site drainage improvements (such as detention/ retention basins or surface runoff reduction) will be required to revent downstream ro erties from becoming flooded. T71~PING: P RII)Tt:TU.~1N~iZ;~UIL~DIN~t1ND ZQNZIVGINSPECTION S: ~, COA23 That grading plans and a sepazate street improvement plan Public Works - shall be submitted for the widening ofBall Road (existing: 30- Development. feet from centerline to barb; proposed: 40-feet from centerline Services to curb per City standard 160-A). A 5-foot wide sidewalk and 8-foot wide landscaped pazkway shall be constructed with parkway irrigation connected to the on-site irrigation system and maintained by the property owner. A bond shall be posted for all required public improvements in an amount approved by the City Engineer and a form approved by the City Attorney prior to final map approval. ARight-of--Way. Construction Pemut shall be obtained from the Department of Public Works, Development Services Division for all work performed in the right-of--way. The improvements shall be constructed rior to final buildin and zonin ins ections. COA24 That vehicular access rights to Ball Road, except at street Public Works - openings, shall be released and relinquished to the City of Development Anaheim. Services COA25 That existing driveway approaches on Ball Road shall be Public Works - removed and replaced with curb, gutter, parking landscaping :Development and sidewallc. A Ri t-of-Way Construction Pemut from the Services -6- PC2008--*** Department of Public Works, Development Services Division shall be obtained. Improvements must be completed prior to final building and zonin ins ecfions. COA26 The applicant shall: Public Works - m Demonstrate that all structural BI~s described in the . Development Project WQMP have been constructed and installed in Services conformance with approved plans and specifications. ® Demonstrate that the applicant is prepazed to implement all non-structural BMPs described in the Project WQMP ® Demonstrate that an adequate number of copies of the approved Project WQMP aze available onsite. ® Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. COA27 That subject property shall be developed substantially in Planning accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans aze on file with the Planning"Department mazked Exhibit Nos. 1 throu 5, and as conditioned herein. ' GElt'ERAL , . COA28 That the sanitary sewer and storm drains for this Public Works - development shall be privately maintained except the Development mainline sewer and storm drain within the ublic streets. Services COA29 That all Yequests for new water services or fire lines, as well Water as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities De artment. COA30 That this Conditional Use Permit is granted subject to the Planning approval of Reclassification No. 2007-00213, and approval and recordation of Tentative Tract Map No. 17164, now ending. COA31 That any tree planted on-site shall be replaced in a timely Planning manner in the event that it is removed, damaged, diseased and/or dead. That the property shall be permanently maintained in an orderly fashion by providing regulaz landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of discovery. COA32 That the CC&R's for the development shall include Public Works - provisions that require that the two-caz gazages be utilized Development for the azkin ofvehicles. . Services -7- PC2008 *** COA33 That approval of this application constitutes approval of the Planning 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,, re lation or re uirement. COA34 That timing for compliance with conditions of approval may Planning 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 develo ment. 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 declazed 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 chazges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in delays in the issuance of required pemuts or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting ofJanuary 7, 2008. 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: CHAIItMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -8- PC2008--*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 January 7, 2008, 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 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -9- PC2008-*** [ID]EaA~T'] A'I"II'AC)FIIVYEIVT 1V®. 4 RESOLUTION NO. PC2008 *** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR TENTATIVE TRACT MAP NO. 17164 BE APPROVED (3083 AND 3087 WEST BALL ROAD) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Tentative Tract Map No. 17164 for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: 3083 West Ball Road: THE WEST 165 FEET OF THE SOUTH 264 FEET OF THE WEST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFRONIA. EXCEPTING THEREFROM THE WEST 6 FEET OF THE SOUTH 150 FEET THEREOF. 3087 West Ball Road: THE EAST 66 FEET OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, AND THE WEST 6 FEET OF THE SOUTH 150 FEET OF THE WEST 165 FEET OF THE SOUTH 264 FEET OF THE WEST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN. WHEREAS, the Planning Commission did hold apublic hearing at the Civic Center in the City of Anaheim on December 10, 2007 at 2:30 p.m., notice of said public hearing having been duly given as-required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to heaz and consider evidence for and against said proposed tentative tract map and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the January 7, 2008, Planning Commission meeting; and WHEREAS, said Commission, after due inspection, investigation. and study made byitself 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 tentative map, including its design and improvements, is consistent with the proposed Anaheim General Plan. 2. That the site is physically suitable for the proposed development and the density proposed. -1- PC2008--*** 3. That the design of the subdivision or the proposed improvements will observe all existing easements for the use of, or access through the property. 4. That *** indicated their presence at said public hearing in opposition; and that *** 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 Declazation upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declazation 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 Tentative Tract Map No. 17164, upon the following conditions wlrich 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: COA Conditions of Approval Responsible for 1Vlonitorin TIMfNGr_PRIQR TD. APPRO'YAL ~OF FINf1L 113tiP . >: : , . ' ~ COAL That the final map shall be submitted to and approved by the City Public Works - ofAnaheim .and the Orange County Surveyor and then shall be Development recorded in the Office of the Orange County Recorder Services (Subdivision Ma Act, Section 66499.40). COA2 The legal property owner shall execute a Subdivision Agreement, Public Works - in a form approved by the City Attorney, to complete the required Development public improvements at the legal property owner's expense. Said Services agreement shall be submitted to the Public Works /Development Services approved by the City Attorney and City Engineer and thensecorded concurrent) with the final ma .- COA3 That the access drive, sanitary sewerand storm drain within the Public Works - development shall be privately maintained. Improvement plans Development for the sanitary sewer, and private drainage system shall be Services submitted to the Public Works/Development Services concurrent) with the final ma . COA4 That a maintenance covenant, sball be submitted to the Public Public Works Works/Development Services and approved by the City Attorney's Department - office. The covenant shall include provisions for maintenance of Development private facilities, including landscape and building maintenance, Services compliance with approved Water Quality Management Plan, and a maintenance exhibit. The covenant shall be recorded concurrently with the final ma . -2- PC2008-*** COAS That the legal property owner shall irrevocably offer to dedicate Public Works - to the City of Anaheim, on the final map, an easement of 53-feet Development from the centerline of Ball Road for road, public utilities and Services other ublic oses. COA6 That prior to approval of the final map, the existing houses on the Public Works - properties shall be demolished. The legal property owner shall Development obtain a demolition ernut from the Buildin Division: Services COA7 That the abandonment of any existing City of Anaheim public Public Works - utilities easements conflicting with building footprints is required. Development The applicant shall submit an abandonment application, copy of Services recorded easement, Grant Deed or Title Report, and sketch of azea to be abandoned for review and rocessin . COA8 That all condominium units shall be assigned street addresses by Planning the Building Division. Street names for any new public or private street (if requested by the developer or required by the City) shall be submitted to and a roved b the Buildin Division. COA9 That private sanitary sewer and storm drains for this development Public Works - shall be privately maintained. Development Services COA10 That approval ofthis tract map is granted subject to the approval Planning of Reclassification No. 2007-00200 and Conditional Use Pemut No. 2007-05268. COAL l That subject property shall be developed substantially in accordance Planning with plans and specifications submitted to the City of Anaheim by the applicant and which plans aze on file with the Planning Department mazked Exhibit Nos. 1 through 5, and as conditioned herein. GEI~BAL ~:.~ ~ : ; ~ . :. ~ ~ ., . ~.. COA12 That timing for compliance with conditions of approval maybe Planning 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 towazd establishment of the use or a roved develo ment. COA13 That extensions for further time to complete conditions of Planning approval maybe granted in accordance with Section 18.60:170 of the Anaheim Munici al. COA14 That approval of this application constitutes approval of the Planning 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 regazding any other applicable ordinance, regulation or re uirement. -3- PC2008-*** 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 declazed 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. Failure to pay all chazges 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 January 7, 2008 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, Grace Medina, 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 January 7, 2008, 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 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2008-*** 12/28/2007 13:00 17149400050 DESAI CONSTRUCTION PAGE 01/03 Est'F'TAC:I~IVIIENT N®. 5 Ms. Kimberly Wong City of Anaheim, Plazmirag Department 200 S. Anaheim Blvd., #162 Anaheim, California 92805 Subject: RCL2007-00213, CUP Na.2007-05268, T"T'M No, 17164 Dear Ms. Wong: Following project information is provided as part of our application far the subject project. 1. Tlic pmject includes development of 20 attachedtown-homes in five sepazate buildings. Each unit will comprised of 3 bedrooms, 2.5 bathrooms and attached two car garages. In addition to this, a total of 8 guest parking spaces aze provided. 2. We are requesting a 20% density banns wiUt 10% of total louts (2 units) to be sold at Lower Income bracket. 3. We are requesting density bonus pazking requirement ratio of 2 parking spades for every three-bedroom unit. 4. We are requesting a'fier 2 Tncentive for minimum building setback of the 2°a story of Building No. 3 along east property line. The required setback is 35 feet and we are requesting approval of 28-30 feet setback. Tlas incentive is necessary because, a) the private open space far these units will not be compromised since the building setback for the 1 g` story complies with code; b) the 2"a story wall plain will match with the i$' story wall; and c) the 2„a story bedrooms will be larger, which makes the project more fmancially feasible. Enclosed please findfinaocial pro forma for the project. Please feel free to let us know if can provide any .further information in this matter. Si~nce~rely, may' `~.^~..P'~^. Mahendra J. Desai Desai Construction & Developers, Tne. 2040 S. Santa Cruz St. • Suite 115 • Anaheim, California 92805 • (714) 940-0040 • Fax (714) 940-0050 12/28/2007 13:00 17149400050 DE5AI CONSTRUCTION FYNANClAI, P12(D.I~C~'iO1V A) l;stimated Proieet Cost $esed on our review of the conskruction docutaeuts road review of cocking data of other similar projects undertaken by us and others, the total cost of developing the project is estimated as under. Purchase Pztice of Land ----------------------°-------------° $ 2,750,000.00 Eng., Permits & Hard Const. Costs (See attach. Exhibit) - 3,913,000.00 Financing and Closing Costs --------------------------------- 700,000.00 Total Project Cast --------------- $ 7,3b3,000.00 $) T+uture NSarlcet Value oFComnleted gomes Market Value: 18 Homes X $425,000/home ------------- $ 7,650,000.00 Affordable Homes Value: 2 Homes X $ $159,500/hm •- 319,000.00 Total ------------------------------ 7,969,000.00 ):,ess Selling Costs at 4% -----------------------_._____.___ { 318,760.00 } Total Value of Completed Homes ----- $ 7,bS0,240.00 C) Gross Profit Profit before Taxes: $ - A = $7,650,240 - $7,363,000 - $ 287,240.00 PAGE 02/03 Note: This proFt represents about 4% rehun on investment 12/20/2007 13:00 17149400050 DESAI CONSTRUCTION PAGE 03/03 BALL ROAD PROJEGT BUDGET CODE CATEGORIES BUDGET 2000 ARCH TECT S 30 000.00 2001 LANDSCAPE ARCHITECT 6 000.00 2003 BLUEPRINTING $ 2000.00 2004 C L ENGINEER 30 ODO.DO 2008 SOILS ENGINEER $ 11 000.00 2009 STRUCTURAL ENGINEER 20 OOD,00 2010 MECH. ENG.eT•24 $ 3000.00 2011 ELECTRICAL ENGINEER $ 8000.00 2018 SITE PLAN REVIEW 16 OOO.OD 2019 RACK AP $ 5 000.00 2022 PUBLIC WORKS PLAN CHK $ 15 000,00 2023 LANCHECK 20000.00 2054 BUILDINGPERMIT EES 450000,00 ?.056 INSURANCE $ 170 000. 0 2060 PROPERTY TARS $ 80 OD0:00 3001 61TE SURVEY NG / MONUME s zD DDD.DO 3003 6lTE EMDLITION 55 000.00 3004 ORADI G-ROUGH 75 000.00 3005 MASONARY WALLS 75 000.00 9006 OFF SITE IMPROVEMENTS $ 40 000.00 3018 UNDERGROUNbUTILITIES BD 000.00 6001. CONCRETE.FOUNDATIONS/ S 200000.00 5004 PLUMB NG 250 000.00 5007 E ECTRICAL B2 000.00 5008 CARPENTRYISIDINGIT ELLIS 600000.00 5016 SHEET METAL 20 000.00 5016 RAIN GUTTERS/ODWNSPOU ' 5017 HVAC $ 64 000.00 5018 ROOFING 80 OOD.00 5019 BALCONY WATER PROOFIN $ 5023 WINDOWS / HA KO 5 36 000.00 50 6 LATH CASTER/570000 6 160000.00 5027 INSULATION / DRAFTSTOPS 36 000.00 5028 DRYWALL $ 180 000,00 5028 CARPENTRY -FINISH 7B 000.00 5037 ' CAS NETS 75 000,00 SD32 PAIN ING 6D 000.00 5033 ORNAMEN AL IRON 15 000.00 5035 ExTERIOR BRICK WORK 8 2a 000.00 5037 KITCHEN'COUNTERS 53 000.00 5038 BATHROOM COUNTERS ~ 7000.00 5040 GARAGE DOOR / O ENERS 18 O.DO 9043 B ENCLO6 MIRRORS 2 000.00 5051 APPLIANCES 40000.00 5062 FLOOR G 80OOD.OD 5058 ROUGH C -U 35 0 O,DO 5058 O •5 TE IM ROVEMENT 100 000.00 5 1 WOOD FENCING/GATE $ 20 000.00 5084 LANDSCAPING 40 000.00 5900 CO NGENCY $ 30 OD 8004 TEM SERVICES - SANRARY 20 000.00 6 1 SUPE VI ION 5 12B 0.00 8019 L L 40 000.00 7022 MARKS G 1 DESIGN CONS 16000.00 GOOD GCFEES 5% 186000.00 Total $ 3,913 000.00 PubNGgM ptl pmpnnySALL flOAD PflQ1ECT BIIOGCT Item No. 5 T CUP 1897 CUP 3636 LOVVEELEMENTARYSCHOOL r rn ¢ _ U N a y W Z ~ W p POLK AVENUE RS-2 1 DU EA( W U V W ~ N N ~ ~ N ~ ~ p } w p W z O r w ® m ® m W it p z x ~ ~_ Q~ Y p p I m I N N C~. rv m n RCL fit-63-16 ~~¢ ADJ 0159 ~» OFFICES an le®v®.e®u m®m®n LINCOLN AVENUE 2 (BCC) 96-99.11 n c616cc)~ RCLBBdB-01 RLL81-02-2] RcLSfiszst ~° rcw zvow~ue N cuP2Ym-0~mT ro]zovavmzl CUP 1]51 BR ]iB OENT6T ~- 223 ' Y m ®m n J n ®m ® ®u ®v m a ~~~ ~~ Yet N°o Qore m~ CiG Bt)C l o a i..r Ss n U' n n~ T Y RCL 79-60.1 _~ ~ r c~ ti~.-Z. RCL 71-72-04 1 Y;,m p ~„r` ~~w RCL71-72-02(2) ¢'m .- U° ~ o Ci p v RCL 79-60.1 I ~ w ¢ ¢ ¢ RGL 79-80.1 v ~ ' T-CUP 2991-04466 _ I v CUP 2009-04265 Y CUP 3193 0 _~ T °® Y Y RCL 71-72-02 (1) RCL 71-72-04 -Y (Res oflntentto CL) VICTORIA TONMHOUSE --I APARTMENTS _a 264 DU LN Conditional Use Permit No. 3840 (Tracking No. CUP2007-05271) Requested By: HIEP NGUYEN 2275 and 2283 West Lincoln Avenue 10431 Y %~ Subject Property Date: January 7, 2008 Scale: 1" = 200' Q.S. No. 32 Aerial Photo: July 2006 Conditional Use Permit No. 3840 (Tracking No. CUP2007-05271) Requested By: HIEP NGUYEN Subject Property Date: January 7, 2008 Scale: 1" = 200' Q.S. No. 32 2275 and 2283 West Lincoln Avenue 10431 ITEM NO. 5 PLANNING C®MMISSI®N AGENIDA REP®RT City of Anaheim PLANNING DEPARTMENT DATE; JANUARY 7, 2008 FROM: ''" PLANNING SERVICES MANAGER SUBJECT:' CONDITIONAL USE PERMIT NO.3840 (TRACKING NO. CUP2007-05271) LOCATION: 2275 and 2283 West Lincoln Avenue 'APPLICANT/PROPERTY OWNERE`The applicant is Hiep Nguyen and'the property owneris Vietnamese District of the Christian and Missionary Alliance. 'REQUEST: The applicant requests approval to permit a parsonage'for an existing ` church. RECOMMENDATION: Staff recommends that the Commission take the following .actions`. (a) By motion, determine that the previously-approved Negative Declazatiorr serve as the appropriate environmental documentation. (b) By resolution, approve the amendment to Conditional Use Permit No. 3840. BACKGROUND: These properties aze occupied by the Vietnamese DistricY'of the Christian and Missionary Alliance. They aze located in the General Commercial, Brookhurst Commercial Corridor Overlay (C-G; BCC) zone. The General Plan designates this property and properties to the east and west for Low Medium Density: Residential land uses. The property to the north is designated for Low Density Residential land usesand the property to the south is designated for Medium Density Residential land uses. These properties are located in the West Anaheim Commercial Corridors redevelopment azea. The following is a summary of City actions that have occurred on this property which are relevant to the current request: Conditional Use Permit No. 3840, a request to permit a church within an existing office complex with a reduced setback adjacent to a residential zone and fewer parking spaces than required by code, was approved by the Planning Commission on June 10, 1996.. 200 S. Anaheim Blvd. Suite#162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT NO. 3840 January 7, 2008 Page 2 of 3 PR®P®SAL: The applicant proposes to establish a pazsonage for an existing church. The site plan indicates the church facilities are located on the east side of the property.` Am existing. building, which is proposed to be used as the parsonage, is located on the west. side of property. No modifications to the exterior of the church or pazsonage building are proposed. Please~see the attached Project Summary table for further information. The floor plan of the 4,341 square foot parsonage indacates;7 bedrooms, bathrooms, kitchen, laundry and storage room, dining room, and a living and reading room. The applicant's letter of operation states that the house will not be used as'an apartment, residential care facility, school or worship azea. APIAL~'S)<S: The conditional use permit is requested to be amended to establish a parsonage in conjunction with an existing church.. Residential uses, such as a pazsonage,. aze permitted as an accessory use to a church. The proposed pazsonage will provide housing for the church's reverend and his family. The proposed use is accessory to the church and compatible with the. zoning and surrounding properties... Therefore, staff recommends approval of the requested amendment to the conditional use permit. Respectfully submitted, Con d by, ~~~ ~~~~ ~ Principal Planner P g ervices Manager Attachments: 1. Project Summary 2. Letter of Request 3. Draft Resolufion 4. Prior Resolution The following attachments were provided to the Planning Commission and aze available for public review at the Planning Services Division: at City Hall. 5. Plans 6. Site Photographs 7. Prior Staff Report (June 10, 1996),.: 8. Prior Planning Commission Meeting Minutes (June 10, 1996) A~r~ACaN~ N®.1 Pla®s~C~r sur~Alz~ Conditional Use Permit No. 3$40 I Site Area 11.29 acres I N/A I Pazking Church: 52 spaces Pazsonage: 16 spaces t;nurcn spaces: 4y spaces (per parking demand study approved in 1996) Pazsonage: 5 spaces 2275 W. Lincoln Avenue. Amihelm, Cal[tornla 92801 P.O. Hnx 2488 t~uuerton, Califomla 92837 August 15'", 2007 City of Anaheim 200 S. Anaheim Blvd, Anaheim CA 90605 To whom it may concern, Tel. (7141 491-8007 Fea. (714) 491-8912 E-men: glflohat®lmdteaict.org Our congregation owns the properties at 2275 and 2283 West Lincoln Avenue in the City of Anaheim which were acquired in 1997 respectively. The property at 2275 West Lincoln Avenue, assessor parcel number 071-444-08, is a 0.88 acre lot with about 9,168 square feet of single story buildings which are used as offices (4,700 s.f.), general purpose (2,568 s.f.) and worship chapel (1,900 s.f.). There aze 11 offices and 2 reception rooms in the Office Building. There are 1 large multipurpose room, 1 office, 1 lounge and men's and women's restrooms in General Purpose Building. Lastly, there are 1 lazge Worship Hall and 1 storage room in the Worship Building. These buildings are operate between 7:OOam to 7:OOpm from Monday to Friday, and 7:OOam to S:OOpm in Saturday and Sunday, along with few special fixed Holiday hours each yeaz. Our congregation has no plan to make any change to this facility in this permit application. The property at 2283 West Lincoln Avenue, assessor parcel number 071-44405 and 071-444- 07, both share the same address. This property is a 0.41 acre combine currently has one 4,341 square feet single story building. It was originally built as residential dwelling but was converted into commercial office by previous owner prior to the acquisition. However, its characters are still very much a single family dwelling unit with 1 living room, 1 family room, 1 kitchen, 1 dining room, 2 reading and game rooms, 5 bedrooms and 2 bathrooms. Our future plan, and also the purpose of this application, is to use this building as a permanent residential housing for one live-in Reverend and his/her family who will over-see and manage our entire facility. Our congregation is willing to make any non-structural alteration to this building to comply with city requirement For the approval of this application. Sincerely, Rev. Tai A. Nguyen, Th.D. ~r - ~ 8.4 Q ~~V °~ Plr~l l6 bdi n tFd, dae9 °~9 ~kdi /d ddladxg k4 ddm 6b 6~~An ~~ (C3K' w-u4w-d 4:6/ °c~°t bV wdSb[ nor bV p°m°5 bm[ dY n°y tfpdrd6 +~°!ks ~a°8 ~ ~.Paar/zu1®A 4:6J RESOLUTION NO. PC2008- A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT N0.3840 (TRACKING NO. CUP2007-05253), AND AMENDING CONDITIONS OF APPROVAL OF RESOLUTION NO. PC96-57. ADOPTED THEREWITH (2275 AND 2283 WEST LINCOLN AVENUE) WHEREAS, on June 10, 1996, Resolution No. PC96-57 was adopted by the Anaheim City Planning Conunission to grant Conditional Use Permit No. 3840 and permit a church within an existing office complex with waivers of minimum landscape setback abutting a residential zone and. minimum number of pazking spaces at 2275 and 2283 West Lincoln Avenue and WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Pemut to amend Conditional Use Permit No. 3840 permit a pazsonage in conjunction with the existing church pursuant to Code Section 18.60 of the Anaheim Municipal Code for certain real property situated in the City of Anaheim, County of Orange, State of Califonua, described as: PARCEL 1: THE WEST 80 FEET OF THE FOLLOWING: THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 7 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN IN A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, DISTANT ALONG SAID WEST LINE NORTH 0°16'57" WEST 40 FEET FROM THE SOUTHWEST CORNER OF SAID WEST HALF; THENCE PARALLEL WITH THE SOUTH LINE OF SAID WEST HALF, NORTH 89°01'59" EAST 222.78 FEET; THENCE NORTH 0°58'07" WEST 7.00 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 25 FEET, A RADIAL LINE TO SAID CURVE BEARS SOUTH 0°58'01" EAST, THENCE ALONG SAID. CURVE NORTHEASTERLY, THROUGH A CENTRAL ANGLE OF 89° 18' S6" AN ARC DISTANCE OF 38.97 FEET; THENCE TANGENT TO SAID CURVE, NORTH 0°16'57" WEST 194.29 FEET; THENCE SOUTH 89°01'59" WEST 247.40 FEET TO SAID WEST LINE; THENCE ALONG SAID WEST LINE, SOUTH 0°16'57" EAST 226.00 FEET TO THE POINT OF BEGINNING. PARCEL 2: AN EASEMENT AND RIGHT TO, CONSTRUCT, USE, MAINTAIN, ALTER, ADD TO, REPAIR, REPLACE AND/OR REMVOE A WATER LINE FOR -1- PC2007- CONVEYING WATER AS GRANTED TO BUTLER-HARBOUR CONSTRUCTION CO., A CORPORATION, BY DEED RECORDED SEPTEMBER 11, 1957 IN BOOK 4033, PAGE 3 OFFICIAL RECORDS, OVER THE WESTERLY 4 FEET OF LO 58 OF TRACT N0.2625, AS SHOWN ON A MAP RECORDED IN BOOK 94, PAGES 9 TO 11 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 7, 2008, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18..60 "Procedures", to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and' WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.040.0402. 2. That the proposed pazsonage in conjunction with an existing church will not adversely affect the adjoining land uses, or the growth and development of the azea in which it is proposed to be located as new construction is not proposed, only interior modifications. 3: That the pmjectcomplies with all development standazds in the C-G zone, including the required number of pazking spaces; therefore, the size and shape of the site proposed for the use is adequate to allow the frill development of the proposed use in a manner not detrimental to either the particulaz azea or to health and safety. 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That granting of the conditional use permit under the wnditions 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. 6; That *** indicated their presence at the public hearing in opposition; and that *** correspondence was received in opposition to the subject request. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal and does hereby find that the Negafive Declazation previously approved in connection with Conditional Use Permit No. 3840 is adequate to serve as the. required environmental documentation in connection with this request. NOW, THEREFORE, BE TT RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby reinstate and approve Conditional Use Permit No. 3840 to permit a church within an existing office complex. -2- PC2008- BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby amend the conditions of approval, in their entirety, for Resolution No. PC96-57, adopted in connection.... with Condifional Use Permit No. 3840, to read as follows: Responsible COA Conditions of Approval for 1VYonitorin That plans submitted for building permits shall be prepazed substantially in accordance with the plans and specifications COAL submitted to the City of Anaheim by the petitioner and which planning plans aze on file with the Planning Department mazked Exhibit Nos. 1 and 2. That a note shall be added to the construction plans that prior to final building and zoning inspections, the subject property shall be developed in substantial accordance with the approved construction plans. That a Lot Line Adjustment shall be submitted to the Public Works Department, Development Services Division to merge the existing parcels into one (1) legal lot. The Lot Line Adjustment COA2 shall be approved by the City Engineer and recorded in the office Public Works - ofthe Orange County Recorder prior to the issuance of a building Development permit. Services sE1VE~4L ~' That the pazsonage shall only be occupied by the church's reverend and family and shall not be used as an apartment, COA3 residential caze facility, school, or worship azea. Plannn g That pazking lot lighting or security lighting located in the pazking area shall below-intensity and directed away from adjacent residential properties.. COA4 Plannin g That granting of the parking waiver for the church is contingent upon operation of the use in conformance with the assumptions relating to the operation and intensity of use as contained in the COAS pazking demand study that formed the basis for approval of said planning variance. Exceeding, violating, intensifying or othenwise deviating from any of said assumptions, as contained in the pazking demand study, shall be deemed a violation of the expressed conditions imposed upon said variance which shall subject that variance to termination or modification. -3- PC200R- That church offices .and leased office/meeting space shall not be utilized at the same time as Sunday worship services or other ~'Orship or fellowship services/activities being conducted on the COA6 premises. plannin g That the sanctuary and the fellowship hall shall not be used simultaneously. COAT Planning That any tree and/or landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, COA8 diseased and/or dies. Plaanin g That the property shall be permanently maintained in an orderly fashion through the provision of regulaz landscaping maintenance, COA9 removal of trash or debris, .and removal of graffiti within twenty- planning four (24) hours from time of occurrence. 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. COA10 original intent and purpose of the condition(s), (ii) the Planning modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress towazd establishment of the use or approved development: That extensions for further time to complete conditions of COAL l approval may be granted in accordance with Section 18.60.170 of Planning the Anaheim Municipal That approval of this application constitutes approval of the proposed request only to the extent that it complies with the COA12 Anaheim Municipal Zoning Code and any other applicable City, Planning State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regazding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this. Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void.. BE IT FURTHER RESOLVED that the applicant is responsible for paying all chazges related to the processing of this discretionary case application within 15 days of the issuance of the -4- PC2008- final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 7, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 January 7, 2008, 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 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -5- PC2008- ATTACHMENT NO. 4 ^LUTION NO. PC96.57 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDIITONAL USE PERMTi NO. 3840 BE GRANTED WHEREAS, the Anaheim Cky Planning Commission dkl receNe a verlfl~i Petkbn tor. Cadhlonel Usa Pernik for certain real property situated In the City of Anehelm, County ffi Orange, State of Celkomla, described as: THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51, PAGE 10, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNN, DESCRIBED AS FOLLOWS:.. BEGINNING AT A POINT ON THE WEST UNE OP SAID WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, DISTANT ALONG SAID WEST LINE NORTH 0 DEG. t6' 57' WEST 40 FEET FROM THE SOUTHWEST CORNER OF SAID WEST HALF, THENCE PARALLEL WITH. THE SOUTH UNE OF SAID WEST HALF, NORTH 89 DEG. O7' S9' EAST 2?2.76 - FEET; THENCE NORTH 0 DEG. 58' 01° WEST 7.00 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 25 FEET A :RADIAL UNE TO SAID CURVE BEARS SOUTH 0 DEG. 58' Ot° EAST; THENCE , ALONG SND CURVE, NORTHEASTERLY THROUGH A CENTRAL ANGLE OF 89 DEG. 16'56' AN ARC DISTANCE OF 38.97 FEET; THENCE TANGENT TO SAID CURVE, NORTH 0 DEG. t6' ST WEST 196.29 FEET; THENCE SOUTH 89 DEG. Ot' S9' WEST 247.40 FEET TO SAID WEST UNE, THENCE ALONG SAID WEST UNE, SOUTH D DEG. 16' ST WEST 226.00 FEET TO THE POINT OF < BEGINNING. EXCEPT THE WEST 80.00 FEET THEREOF.: WHEREAS, the Cky Planning Commission dd hdd a public hearing at the Civic Center in the Cky ~ Anaheim on June t0, 1995 at 1:30 p.m., notke of said public hearing having been duly given as required by law and In accorclance with the provLsloas ~ the Anaheim Municipal Cale, Chapter t8.03, to hear and consider evklenee for and against saki proposed condklonal use ~rmk arcs to Irnesdgate and make flndings arcl recommendations In amnecUon therewkh; and WHEREAS, saki Commisslan, aker due Inspection, imresdgadon and study made by Itself arrd In ks behalf, and aker due eonsideratlon of ak evdence aril reports offered at sad hearing, does flrd arcs determine the fokowing facts: 1, That the proposed use fs properly one for which a cordklonal use permit kr authorized by Anaheim Municipal Cale Section t8.44.050.130 to permk a church In an edsdng office ~^omplex wkh waivers of the fdlowing: (a) .Section 16,04.042 Mfnlmum setback of Instkulional uses abuttlnc a resldantlal zone boundaN. (15 feet required sloop north property line; S4 feet Proposed) CR2o7i MS. WP -i- PC9tr57 {b) Sections L8.06.050.0266 - Minimum number ofparklnp spaces. 16.06.080 Q,b requked; ,52 proposed; minimum 49 approved end 1e.44.n66.050 erd recommerded by the Cfty Traffic and Transportaton Manager) 2. That there are speclel clrcumstarrcea eppneal~e to the property consisting of ns size end the configuration d the existing buBdinps, which do nd apply to other klemlcally zoned properties N the vk:inity and whkh Justny waver (a) pertaining to the minimum 15-loot lardscapa setimGc requirement abutting a reskfentlal zone boundary; and that an unnecessary hardship exists In that a substantial loss d on•sne parking would result 8 encroaehmem of parking spac435 Imo the setback area were denk~cl. 3. That said appllcatfonof the Zoning Code deprives the property of prvAepes enjoyed by other properties urder kfemlcal zoning dass~caUon M the vdinfty. 4. That the parking waver (b), under the eordnlons Imposed,.wtll not t:ause fewer oft-strut parking spaces to be provkfed for such use than fire number of such spaces necessary to accommodate all vehldes atirlbutaWo to such use under the normal and reasonably foreseeable condniona of operator of such use. 5. That, based on ImomraUon contained In the submitted parking study, the Clty Traffic and Transportation Manager recommended approval d the parking waiver under Uie assumptions and conclusions found m 5akl parking Study relating to the operation end Intensity Of the use, as fellows: p) The proposed use will require and maintain a minimum of 4fs' parking spaces; (II) The church offices and leased office/meeting space wW not be uWtzed at the same Ume Sunday worship services or other worship or fellowship services are being eorducted upon the premises; Qii) The sarxxuary and fellowship hall wtll be Wntted to a rtwdmum occupancy d 38 people; erxl (v) The on-ske packing Quppiy exce~Is the peak parking demand for this speclffc use, and anticipated parking reads wtlI not Increase the on-sne parking demand nor Impad the surtourding lard uses dudng peak hours of operation. 6. That the parking waiver, under the cordnlons Imposed, will not Increase the demand and competition for parking spaces upon the pul~lc streets In the Immediate vicinity of the proposed use; T. That the parking waiver, urcler the ^aldltions Unposed, wtll not Increase the demand and competition for parking spaces upon adjacent private property In the Unmedlate vicinity of the proposed use (which property is not expressly provkled as parking for such tae under an egreemem In compliance wnn sedlon ts.o8.oto.ozo d this code);.. 8. That the parking waiver, urder the cordhlons imposed, wtll not Increase traffic congeston, noise, air pollution, or traffic circulation comlids, within the off•street parking areas or lots provkled for such use; 9. That the parking waver, under the cordnlons Imposed, wN not Increase traffic congestion, noise, air polution, or Unpede vehicular Ingress to or egress from edjaeeM properties, upon the puWle streets In +he Imm~liate viclnky d the proposed use; 10. That the proposed use will not adversely affect the adjoining land uses and the growth. and development d the area d which n Is proposed to be located bemuse subJed property and the. surtourding area are tally developed with commercial and resldentlal land uses, and the proposed church use is compatlble with those surtounding larxJ uses; -Z- PG'rMr57 1 t. That flee size aril shape d the site for the proposed use Ls adequate to allow tFea full development ~ the proposed use N a manner not deMmentat to the paNcular area nor to the peace, heakh, safety, aril general welfare; 12. That the traffic generetad by the proposed use w01 not Impose an undue burden upon the sVeets erxf highways designed and Improved to cant' the traffic In the area; 13. That the graming of the e:ordkional use permit urder the condklons Imposed, wAl not ba detrimental to the pears, health, safety and general welfare of the dtizens of the Cky oQ Anaheim; and 14. That no one Indlcat~l their presence at said public hearing In opposklon; and that no correspondence was received In opposition to the subJed petition. CALIFORNIA ENVIRONMENTAL QUALM`! ACT FlNDING: That the Anaheim City Planning Commission has reviewed the proposal to pemek a church N an existing office complex wkh waivers of minimum setback ~ Insffiutlonai uses abutting a reskleMlal aone boundary aril minmum number of parking spaces on arectangularly-shaped parch of lard consisting of apprevklmately 0.74 acre located at the northwest comer of Uncdn Avenue aril Monterey Street, having approximate froretagas of 155 feet on the north side of !lncdn Avenue and 207 feet on the west side of Monterey Street, and further described as 2275 West Llncdn Avenue; and does hereby approve the Negative Dedaratlon upon finding that the dedaratlon refletxs the Independent judgement of the lead agency and that k has considered the Negative Declaration together wkh any correnearets received durtnp the public review process aril further finding on the basis of the InkW sttuJy and any comments received that there is nc substantial evklence tfeat the project w01 have a significant eflecT on the environment NOW, THEREFORE, BE R RESOLVED that the Anaheim Cky Planning Commission does hereby grant subJed Petition }or Condklonal Use PertNt, upon the fclowing conditions which are hereby toured to be a necessary prerequiske to the proposed use of the subject property in oiler to preserve the safety and general welfare of the Ckizens of the Cky N Anaheim: t. That the property owner/developer eteall submk a revised detailed landscape plan to the Zoning Division for review and approval showing: (a) A minimum of ten (10), minimum fifteen (t5) gallon-sued, Yeas along the north property Ilne having a separation of not more than twenty (20) feet on~centers; (b) A minimum ten (10) foot wide landscaped setback along IJncoln Avenue; and (c) A minimum frve (5) foot wNe landscaped setback along Monterey Street adjacent to the parking lot area 2, That ttea existing Nock will located along the north property tine (abutting single family resldenaes) shall ba constructed tD a height Of SIX (ti) Feet from flnlSh~l grade, planted with fast~rowing dinging vines, artd permanently malntaln~ thereafter. pinging vines shall 6e not less than one (1) gallon in size nor shall such plants be spac~i more than three (3) feet apart at Ume of planting. 3. That any new freestanding sign, or rekxmstructlon ~ the existing freestarxflnp sign, shall be of a monumerd-style havng a maximum heipM of six (6) lest from the finished grade. 4. That the exterior wails of the Trash endosure stntcture shall b0 planted wkh fast-growing dinging vines not less than one (1) gallon N size nor spaced more than three (3) feet apart at tlma of planting. 5. That parking lot lighting or securky II®hUng located N the parking .area shall be low-Irrtenslty end directed aw-~; tom adjacent resktentlal properties. ~- PC9(r57 6. That the existing drtveway on Monterey Street shall be realigned arxf reconstructed es required by the Clry Traffic and Transportetbn Manager aril In accordance with standard plans and epedttcatkxrs , on file In the ORice d the City Engineer. 7. That a plan sheet for slid waste storage aril cdleeUart and a plan for recyding shall be subrtiltted to the Department of Malnterrance for review and approval.. , e. That an on-sHe trash truck tum-arourxi area sFrall be provkJad aril maintained to the satlsfactlon of the Department of Maintenance. Saki tum-arourxl area shall be specifically shovm on plans submHted to the 8ullding Division. 9. That the granting ~ the parking waiver Is condngent upon operation d the use In conformance wkh the assumptions relating to the operetion end Intensity of use as contained In the parking demarxf study that formed the balls for approval of sad variance. Exce~ing, vidating, 1MensHying rx otherwise deviating from any of sad assumptbns, as contained In the parking demarxl study, shalt be deemed a violation of the expressed conditions Imposed upon sad var~nce which shalt subject. that variance to temtlnatton or modMpdon pursuant to the provisions of Sectbns 18.03.091 arxt i8.D3.092 of the Anaheim Municipal Code. 10. The proposed use wVi shall maintain a minimum of Forty nine (43) parking spaces,. t t. The church offices and leased office/meeting space shall not be utilized at the same time as Sunday worship services or other worship or fdlowshlp services/acdvitles being conducted an the premLses. 12. That the sanctuary and the fdlowshlp hall shall not be used simWtaneously. t3. That subject property shall be developed substantially In arxrorclance widr plans and specMptlons submkted to the City of Anaheim by the patltloner and which plans are on Ne wkh the Planning Department marked Fxhibk Nos. 1 through 3...... 74. TFat prior to commencement of the adlv@y authorized by this resolution or wittrln a period of one (t) year from the date of this resdutlon, wtchever occurs first, Condition Nos. 2, b, 5. 6 and 13, above•mendorred, shat; be compiled wrih. E7Gensions for further time to complete ~ condtions may be granted in accordance wkh Section 18.03.0 of the Anahalm Municipal Code. i5. That prior to Issuance of a bu0ding pertnk or wUhin a period of one (t) yea: from the date of this resdutIon, whichever occurs fkst, Condition Nos. t, 7 arxi 8, abova•menttoned, shall be comply wkh. F~ctenslons for further time to complete sad conditions may be granted In accordance with Section 18.03.0 of the Anaheim Municipal Code. 16. That prior to final. bu0ding and zoning Inspections, Condhlon No.iO, above-mentioned, strap be compiled with..... 17. That approval of this eppllcaUOn constitirtes approval of the proposed request oNy to the erQent that h complies with the Anaheim Municipal Zohing Code and any other applicable Cky, State and Federel regulations. Approval does not indude any acflon or findings as to compliance or approval of the request regardMg eny other applicable ordinance, regWatlon or requirement BE R FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resdutlon {s expressly predleated upon apptieant's compliance with each and all of the condldor~5 'herelnabove set forth. ShoWd any such rwrxitvon, or any part thereof, be declared Invalid or uneMorceable by the ttrral Jtxigment of any CCUrt ~ competent JurisdleUon, then this Resolution, and any approvals herein contained, shall be deemed null and vokl. .4. PC9fr57 THE FOREGOING RESOLUTION was adotx~J ffi the Planning Canmisslon meeting at June 10. 1996. (Original signed by Robert Messe) CHAIRMAN PRO TEMPORE ANAHEIM CITY PLANNWG COMMISSION ATTEST: (Original signed by Margarita Solorio) SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALJFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarlfe Sdorb, Secretary of the Anaheim City Planning Cammisslat, do hereby cedlty that the toregoirq resolutlan was passed arc! adopted ffi a meeting of the Anaheim City Planrd~ CammLsslort held on Juna 10, t>~, by the fdlowing vUe of tt~e members thereof. AYES: COMMISSIONERS: JOSTWICFC, I3OYDSTUN, BRISTOL, HENNINGER, MESSE, PERA7A NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MAYER IN WITNESS WHEREOF, 1 have hereunto effi my harxl this day ffi 19~. (Original signed by Margarita Solorio( SECRETAAY, ANAHEIM CITY PLANNING COMMISSION -5- P(~-57 Item No. 6 y p ~pU ~ o f Z Y R pU a 1 2 pU qD aDD i0~ iD~ R'_ BAS 1 D~ RD191 1pu u = VPR 30°~ cNU0.cN U RCN ~~ $'(. I`1~ pa 05o' RGI B&g9.H p 10 ~ ryDU ¢ ~'~ P.i6 D (J1 NT m ~ 0.C 1 02-0481 GV GUP 152< SPWP~ ON P0.MV ~pU ~pU o SOU Rg: h m~FG~-g ` ///// \\V\ ~ ~pU m ~pU Conditional Use Permit No. 2004-04952 (Tracking No. CUP2007-05254) Requested By: STEVE ELKINS Parcel 1:401 and 407 North Anaheim Boulevard Parcel 2: 400, 408, 416 and 424 North Anaheim Boulevard Parcel 3: 113 West Adele Street `==. Subject Property Date: December 10, 2007 Scale: 1" = 200' Q.S. No. 63 10422 Aerial Photo: JuN 2006 Conditional Use Permit No. 2004-04952 (Tracking No. CUP2007-05254) Requested By: STEVE ELKINS Parcel 1:401 and 407 North Anaheim Boulevard Parcel 2: 400, 408, 416 and 424 North Anaheim Boulevard Subject Property Date: January 7, 2008 Scale: 1" = 200' Q.S. No. 83 ioazz ITEM NO'. 6' PLANNING COMMISSI®N AGENDA REPORT .City of Anaheim PLANNING DEPARTMENT DATE:. JANUARY 7, 2008 FROM: PLANNING SERVICES MANAGER SUBJECT: CONDITIONAL USE PERMIT' N0.2004-04952 (TRACKING NO. CUP2007-05254) LOCATION: Parcel 1:401 and 407 North Anaheim Boulevazd; Pazce12: 400, 408, 416. and 424'North Anaheim Boulevazd; and, Parcel 3: 113 West Adele Street APPLICANT/PROPERTY OWNER: The applicant is Steve Elkins and the property "' owner is William Taormina. '' REQUEST: The applicant requests approval to #einstate a conditional use permit to retain apreviously-approved public dance hall, banquet hall and community and religious assembly with on-premises sales and consumption of alcoholic beverages and '> an off-sitepatking' lofarid to amend previously-approved'plans, to add a cover chazge and amend conditions of approval to remove the time limitation. RECOMMENDATION: Staff recommends that the Commission take the following actions: (a) By motion, approve: a Categorical Exemption, Class 1. (b) By resolution, approve the amendment to Conditional Use Permit No. 2004- 04952. BACKGROUND: This hearing was continued from the Decemberl0, 2007 Planning Commission meeting. Parcel 1 is under construction for the previously-approved Ember Cafe and Music Club (formally Club Luna). It is located in the General Commercial (C-G) zone. Pazcel 2 is ..developed with a banquet hall. and a pazking lot. It is located in the General Commercial (GG) zone and Single-family Residential (RS-3) zone. Parcel 3 is vacant and is located: in the. Transition (T) zone. The General,Plan designates these properties: and properties..:.. in all directions for Mixed Use land uses. The following is a summary of City actions that have taken place on these properties which aze relevant to the current request: 200 S. Anaheim Bivd. Suite#162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT N0.2004-04952 January 7, 2008 Page 2 of 3 On February 23, 2005, the Planning Commission approved the permit fora public dance hall, banquet hall and a community and religious assembly facility with on-premises sales and consumption of alcoholic beverages and anoff--site pazking lot with a waiver to allow alandscaped setback that is less than code permits. The permit contained a 2 yeaz time limitation and expired on February 23., 2007. PROPOSAL: The applicant requests the conditional use permit be reinstated with no time limitation. The applicant also proposes to amend the permiYto allow a new packing lot on 113 Adele Street, adjacent to the public dance facility under construction. The parking lot would provide a more convenient and safer parking lof for the business' patrons. The proposed pazking lot will have access from Anaheim Boulevazd and Adele Street. The applicant also proposes to amend the operational chazacteristics of the public dance hall to add a full service cafe and to chazge an admittance fee in conjunction with the public dance hall. The original proposal for the business was a public dance hall that would be open. on anevent-specific basis. The applicant proposes afull-service cafe in conjunction with the dance facility that will offer a breakfast, lunch and dinner menu. The cafe and public dance facility will be open daily from 7 a.m. to 2 a.m. The facility. will still host private events such as wedding receptions, baptisms, meetings and'corporate seminazs; the facility will be closed to the public during these events The permit allows the public dance hall to be open to the publicwhen private events aze not scheduled.. The applicant proposes to chazge an admittance fee for certain events that feature live performers or ether. special promotions, ANALYSIS: Reinstatement: The facility is under construction. Staff believes that conditions of approval for the permit restrict the operational chazacteristics of the business in a manner that makes the business compatible with adjacent land uses, and therefore; believes the time limitation is not necessary. New parking lot: The proposedpazkinglot willprovide 40'parking spaces, consistent with previously approved plans. At the 2005 public hearing, staff expressed concerns regarding the proposed off-site pazking lot on the east side of Anaheim Boulevazd. Staff was concerned with potential safety issues associated'with patrons utilizing off--site parking; This concern related'to patrons crossing Anaheim Boulevazd to access the pazking lot and the potential neighborhood disturbance from patrons potentially pazking on surrounding residential streets. Staff believes the location of the proposed pazking lot is superior to the previously-approved'off-site parking lot. Cover charge. A covet'chazge isproposed for the public dance facility for certain eventsthat feature live'performers or other special promotions. No other changes aze proposed. Because the proposal does notintensify the previously-approved use, staff tecommends approval. CONDITIONAL USE PERMIT N0.2004-04952 January 7, 2008 Page 3 of 3 C®IVCI,%JS%®1V: Staff recommends approval of the reinstatement with no time limitation and the proposed modifications to the permit as requested by the applicant. Respectfully submitted, ~~~ ~l1rn~~~-- Principal Planner inager Attacl-memts: 1. Previous staff report (February 23, 2. Previous Resolution 3. Revised Resolution 4. Justification for Reinstatement The following attachment was provided to the Planning Commission and is available for public review at the Planning Services Division at City Hall. 5. Planning Commission Minutes (February 23, 2005) ATTACHMENT NO. 1 2a. CEQA CATEGORICAL EXEMPTION -CLASS 1 2b. WAIVER OF CODE REQUIREMENT 2c. CONDITIONAL USE PERMIT NO. 2004-D4952 (READVERTISED) Staff Report to the Planning Commission February 23, 2005 Item No. 2 (Motion) (Motion) (Resolution} SITE LOCATION AND DESCRIPTION: (1) Parcel 1: This irregularly-shaped, 0.3-acre property is located'at thenorthwesfcorner of Anaheim Boulevard and Adele Street with frontages of 107 feet on the west side of Anaheim Boulevard and 103 feet on the north side of Adele Street (401 and 407 North Anaheim Boulevard). Parcel 2: This irregularly-shaped, 1.5 acre property is located at the northeast comer of Anaheim Boulevard and Adele Street with frontages of 361 feet on the east side of Anaheim Boulevard, 120 feet. on the south side of Sycamore SVeet, 221 feet on the west side of Claudiha Street and 204 feet on the north side of Adele Street{400, 408; 416 and 424 North Anaheim Boulevard). REQUEST: (2) The applicant requests approval of a conditional use permit under the authority of Code Section 18.08.030:0402 to permit a publid danbe hall, bahquet fiall and a cbmmunity and religious assemblyfacllity with on-premises sales and consumption of alcohol(c beverages and an off-site parking lot wfth waivers of the fdllbwing: (a) SECTION N0. 18.08.060.010 - (b) SECTION NO. 18.40.060 - BACKGROUND: Minimum landscaped setback l15 feet required; 9}eet proposed) Reduired street ded(datibn and improvement (DELETED) (3) This item was continued from the February 7, 2005, Commission meeting to readvertise this petition to include waivers of the required street dedication and improvement and setback requirements. (4) Parcel 1 is currently developed with a cammerciai retail building, zoned C-G (General Commercial), and. is designated for Mixed Use lend uses on the Land Use Element Map of the Anaheim General Plan. Parcel 2 is currently developed with the San's of Italy banquet hall and a vacant lot, zoned C-Gaud RS-3, and fs designated for Mixed Use land uses on the Land Use Element Map of the Anaheim General Plan. PREVIOUS ZONING ACTIONS: (5) Conditional Use Permit No. 3813 (to permit a motorcycle sales and service facility with waiver of minimum number of parking spaces) was approved by the Planning Commission on December 11, 1995. This use is no longer in operation and should be terminated. (6) Variance No 1486 (to establish a furniture re-upholstery service) was approved by the City Council on July 10, 1962. This use (s no longer in operation and should be terminated. (7) Variance No. 1105 (to permit the sale and installatidn of mufflers) was approved by the City Council on May 12,-1959. This use is no longer in operation and should be terminated. sr8858av Page 1 Staff Report to the Planning Commission February 23, 2005 Item No. 2 DEVELOPMENT PROPOSAL: (B) The proposed project includes the operation of a public dance hall and banquet facility with on-premises sales and consumption of alcoholic beverages and off-site parking. The"main building, located on the west side of Anaheim Boulevard, wouldhave a total floor area of 5,936 square feet and would house both wedding and banquet facilities. The applicant is also proposing to use the building as a public dance hall that would be open to the public when private events are not scheduled.. (9) The site plan (Exhibit No. 1) indicates the proposed parking lot and existing buildings would be developed with the following structural and landscaped setbacks: Parcel No. 1 (Banquet and dance hall) Code- Code-Required Direction Existing Buildngl Required Landscaped Landscape Setback Building Setback Setback 60 feet to building North Ofeetoflandsca in none none East (adjacent to 1"foot to tiuiiding Anaheim Boulevard) 0' feet of landsca in 15 feet 15 feet South (adjacent to 5'feeYtobuilding Adele Street) 0' feet of landsce in 10 feet 10 feet West O feet to building 0feetoflandsce"in none none ' The building on Parcel No. f i5eiosting,7egal-non-conforming Parcef No. 2 (Parking lot and existthg Sons of Italy hall) Code- Code-Required .Direction Existing Building/ Required Landscaped Landscape Setback. Bufld(ng Setback Setback North (adjacent 180 feet. to building t0 feet 10 feet to Sycamore 10 feet of landscaping Street East (atlJacent to 141 feet to building 10 feet 10 feet Claudine Street) 3 feet df lantisca in South (adjacent 110 feet to building 10 feet 10 feet to Adele Street) 11 feeEof landsca in West (adjacent 0 feet to building 15 feet 15 feet to Anaheim '9 feet of landscaping Boulevard ' Aithdugh the plan Indicates 15 feel, the setback is measured from the ultimate right-of way Page 2 .Staff Report to the Planning Commission February 23, 2005 Item No. 2 (10) The floor plan for the proposed banquet and public dance hall (Exhibit No. 2) reflects asingle- story 5,936 square foot building containing the following: Descri Uom Seatin Ca aci S ware feet Assembl area 247 seats 3718 Bar area Standin room onl 402 Vestibule N/A 86 Kitchen NIA 137 Office NIA 91 Restrooms NIA 455_ Stora a NIA 40 Mtscellanaous Floor area N/A 206 Patio 45 seats (forsmoking & Ictures onl 680. Entrance N/A 119 Total 292 seats 5,936 (11) Vehicular access to Parcel 1 would be provided by one (1) driveway from Anaheim Boulevard. The applicant is proposing to utilize this area for short-term parking and valet service. Vehicular access for Parcel 2 would be provided by driveways. from Claudina Street and Adeie Street. The site plan indicates a total of 130 parking. spaces (13 spaces on Parcel 1 and 117 spaces on Parcel 2) for the proposed banquet and public dance Ftall and the existing Sons of Italy hall. Cotle Section No. 18.42.040.010.0101 states that uses without a specified parking ratio must comply with the ratio determined by the City Traffic and Transportation Manager, Based on the comparable. businesses within the City, the City Traffic and Transportation Manager has determined that a rand of 6.7 spaces per 1,000 square feet of gross floor area is appropriate for the proposed uses. Therefore, 72 spaces are required for both properties based on the following; Code-Requited Parking Use . Square Footage Parktng Ratioper Spaces 1,000s.f.ofgross~floor Required area Proposed banquet and dance hall 5,936 s . ft. 6.7 39.7 Sons of Italy hall 4;694 sq. ft. 6.7 32.7 existin Total 10,830 s . ft. 72 Page 3 Staff Report to the Planning Commission February 23, 2005 Item No. 2 (12) The elevation plan (Exhibit No. 3) indicates that the building on Parcel 1 would be renovated to a natural colored stucco finish with stone veneer, wood siding and a,concrete roof. Architecture(elements such as stone columns, exposed wood beams, decorative fight fixtures and canvas awnings are also proposed. (13) Conceptual sign plans were submitted with this request Indicating a wall sign at the entrance to the banquet and public dance hall. Staff is recommending a condition of approval that final sign plans be submitted to the Planning Services plvision for review and approval. (14) Conceptual landscaping Is depicted on the site plan and staff is recommehtling a condition of approval that final landscape plans indicating size, species and location of all parking and setback areas to be submitted to the Planning Services Division for review and approval. (15) The proposed facility on Parcel 1 would tie open on an event-specific basis, The operating hours would range from 8.am. to 2 a:m•, depending on the type of event scheduled. The proposed uses include a public dance halldo provide music and dancing for patrons and communityand religious assembly such as wedding receptions, baptisms, meetingsand cdrporate eminars, community educational qutteach and cultural events. The facility would have two full-time employees and variable event-specific support staff such as waiters, bartenders, valet attendants and security. The existing non-conforming facility on Parcel 2 currently conducts religious and communitymeetings during the week, and banquets on the weekends. ENVIRONMENTAL IMPACT ANALYSIS: (1&) The Planning Director's authorized representative has determined that the previously- approved project is within the definitiohof Categorical Exemptions, Class t, Section 15301, (Existing Facilities), as defined in the CEOA Guidelines and )s, therefore, exempt from the requirement to prepare. additional envirohmentaf documentation.. EVALUATION: (17) The establishment of the proposed tianquet facilityahd public dance hall with on-premises sales and consumption of alcpholic beverages is permitted within the C-G Zone subject to the approval of a cdnditional use permit:: (18) Waiver (a) pertains to mihimum landscaped settiack adjacent to Anaheim Boulevard. Code requires a 15 foot wide landscaped setback as measuretl form the ultimate right-of-way to ail strictures includirig the parking lot. The plans far Parcel 2 indicate 15 feet measured from the properly line, but only 9 feet from the ultimate right-of-way, therefore necessitating a waiver for the new parking lots. Many of the buildings along Anaheim Boulevard north of Lincoln Avenue have no setback adjacent to the street. Further, no new conshuctlon is proposed; rather Parcel 2 would be paved to provide parking for the facility. Since no new construction is proposed and surrounding properties under similar zoning have no building setbacks, strict application of the Code would deprive the applicant of privileges currently enjoyed by properties in the immediate vicinity. Staff plans to place on a future agenda for Commission consideration a proposal to reduce andlor eliminate building setbacks along Anaheim Boulevard north of Lincoln Avenue in recognition of'ttte existing development pattern and the "urban" character of this area. Staff recommends approval of waiver (a). (19) Waiver (b) pertaining to the required street dedication and improvements has been deleted. (20) The Police Department submitted the attached memorandum dated January 26, 2005, noting that the reporting district in which the property is located :has a crime rate of 126 percent above the citywide average. Reporting districts to the north, east and south all have crime Page 4 Staff Report to the Planning Commission February 23, 2005 Item No. 2 rates above the citywide average. Reporting District 1623., located directly west, is the only district with a crime rate below the. citywide average (2p percent below average). The Police Department opposes the request due to the high crime rate in the area and potential safety issues associated with patrons utilizing off-site parking. This concern results from patrons crossing Anaheim Boulevard tb access the parking lot next to the Sons of Italy hall parking lot and vice versa, and potential neighborhood disturbance; from patrons convenience parking on surrounding residential streets. (21) Staff believes that if properly conditioned tp address compatibility and parking issues, the operation of the proposed community and religious assembly hall could serve as a venue for community celebrations and eventa without disturbing nearby residential neighborhoods. Spec(ficaliy, the applicant has proposed a cdntractual agreementfrom patronshoiding private parties stipulating strict rules pertaining to the service of alcohol and room capacities, licensed securityguards, complimentary valet parking and a clean; well-lit building exterior. These operational limitations are a part of the exhibits for this request and would become a requirement of this conditional usepennit. (22) Planning Department staff shares the Police Department's concern and opposition to the public dance hall portion of this request. Potential issues with private parties end banquets could be easily monitored by the tiusihess operator since a contractual agreement would be events. to considered in the recentpast have been in non-residential areas and/or on properties with sufficient on-site parking = neither of which is the case with this request, Staff also has concerns with night club-type activltytakingplace In an area with a crime rate of t26 percent above the citywide average. FINDINGS: (23) When practical difficulties or unnecessary hardships result from strict enforcement of the Zoning Code, a modification maybe granted forthe puipose.of assuring that no property; because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties In the same vicinity and zone. The sole purpose of anyvariance is to prevent discrimination and none shall ba approved which would have the effect of granting a special privilege not shared by other similar properties. Therefore, before any variance is granted by the Commission, it shall be shown: (a) That there are special circumstances applicable to the property such as size, shape, topography, location or surroundings, which do not apply to other identically zoned properties in the vicinity, and (b) That strict application of the Zoning Code deprives the property of privileges enjoyed by other properties in identical zoning classification in the vicinity. (24) Before the Planning Commission grants any conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: Page 5 Staff Report to the Planning Commission February 23, 2005 I[em No. 2 (a) That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code, or is an unlisted use as defined in Subsection :030 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authoriiy}; (b) That the proposed use will not adversely affect the adjoining land uses or the growth and development of the area in which It is proposed to be located; (c) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety; (d) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improvetl to carry the traffic in the area; and (e) That the granting of the conditiohal use permit under the conditiohs imposed, If any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. RECOMMENDATION: {25) Staff recommends3hat, unless additional or conUaryJhformation Is7eceived duHhg the meeting, antl based upon the evidence submitted to the Planning Commission, including the evidence presented In this staff report, and oral and wrttten evidence presented ak the public hearing, the Planning Commission approve the applicant's request; in oart, (denying the request to permit a public dance hall and waiver (b) since It has been deleted} and approving the banquet hell and a communityand religious assembly facility with on-premises sales and consumption of alcoholic beverages and an bff-site parking lot by adopting tfie attached resolution and including the findings and conditions contained herein. Page 6 ATTACHMENT NO. 2 RESOLUTION NO. PC2005-28 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04952 BE GRANTED, IN PART 400-408, 416-417 AND 424 NORTH ANAHEIM BOULEVARD ' WHEREAS, the Anaheim Planning-Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California., described as: PARCEL 1: 407 NORTH ANAHEIM BOULEVARD -THE ORIGINAL BUILDING LOT 5, AS SHOWN ON MAP OF LANDS OF ANAHEIM, BOOK 4 PAGES 629 AND 630 DEEDS RECORDS OF LOS ANGELES COUNTY. EXCEPTING THEREFROM THAT PORTION THEREOF AS GRANTED TO PETER J. WEISEL IN DEED RECORDED JANUARY 6, 1904, IN BOOK 98, PAGE(S) 364, DEEDS, RECORDS OF ORANGE COUNTY. ALSO EXCEPTING THEREFROM THAT PORTION THEREOF AS GRANTED TO FREDERICK W. KELLOGG, IN DEED RECORDED MARCH 20, 1923, IN BOOK 462, PAGE 94 DEEDS, RECORDS OF SAID ORANGE COUNTY. PARCEL 2: 400.406 NORTH ANAHEIM BOULEVARD -LOT 5 IN BLOCK A OF HEIMANN ANp GEORGE'S MAP OF ADDITION BUILDING-LOTS, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 2; PAGE 349 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. 408 N. ANAHEIM BOULEVARD -LOTS 2 AND 3 OF BLOCK A OF THE HEIMANN AND GEORGE'S MAP OF ADDITION BUILDING LOTS, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 2, PAGE 249 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. 416 AND 417 NORTH ANAHEIM BOULEVARD -THE WESTERLY 122 FEET OF THE SOUTHERLY 81 Y~ FEET OF LOT 1 IN BLOCK "A" OF HEIMANN AND GEORGE'S MAP OF ADDITION BUILDING LOTS, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP THEREOF RECORDED IN BOOK 2, PAGE 249, OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. THE SOUTHERLY 40.5 FEET IN THE EASTERLY 110 FEET OF LOT 1 IN BLOCK A OF HEIMANN AND GEORGE'S ADDITION TO ANAHEIM, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 2, PAGE 249, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CA. 424 NORTH ANAHEIM BOULEVARD -THAT PORTION OF LOT 1 IN BLOCK A OF HEIMANN AND GEORGE'S ADDITION TO ANAHEIM, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGE 249 OF MISCELLANEOUS RECORDS OF LOS ANGELES GOUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF LOS ANGELES STREET, AS IT EXISTED ON JUNE 28, 1973, SAID POINT BEING 100.00 FEET SOUTHERLY OF THE NORTHERLY LINE OF SAID LOT 1; THENCE NORTHERLY ALONG SAID EASTERLY LINE, 100.00 FEET TO SAID NORTHERLY LINE; THENCE EASTERLY ALONG SAID NORTHERLY LINE, 119.50 FEET TO A POINT 112.00 FEET, MEASURED ALONG SAID NORTHERLY LINE, WEST OF THE WEST LINE OF HERMINE STREET (NOW KNOWN AS CLAUDINA STREET), AS SHOWN ON SAID MAP; THENCE AT RIGHT ANGLES SOUTHERLY AND PARALLEL WITH SAID EASTERLY LINE, 100.00 FEET; THENCE AT RIGHT ANGLES WESTERLY AND PARALLEL WITH SAID NORTHERLY LINE, 119.50 FEET TO THE POINT OF BEGINNING. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 7, 2005, at 2:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed conditional use permit and to Cr1PC2005-028 -1- PC2005-28 investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the February 23, 2005, Planning Commission meeting; and WHEREAS, said Gommission, after due Inspection, investigation and study made by itself and in its behalf., and after due consideration of all evidence and reports offered at said hearing, does find. and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.040.0402 to permit a public dance hall, banquet hall and a community and religious assembly facility with on-premises sales and consumption of alcoholic beverages and an off-site parking lot with waivers of the following: (a) SECTION NO. 16.08.060.010 Minimum landscaoed setback (15 feet required; 9 feet proposed) (b) SECTION NO. 18.40.060 Required street dedication and improvement (DELETED) 2. That the above-mentioned waiver (a) is approved based on the special circumstances applicable to these properties such as size and location, which do not apply to other Identically zoned. properties in the vicinity. Many of the buildings along Anaheim Boulevard north of Lincoln Avenue have no setback adjacent to the street. Further, no new construction is proposed; rather Parcel 2 would be paved to provide parking for the Facility. Since no new construction is proposed and surrounding properties under similar zoning have no building setbacks, strict application of the Code would deprive the applicant of privileges currently enjoyed by properties in the immediate vicinity. 3. That the requested waiver is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and zone, and denied to the property in question, since the adjacent properties along Anaheim Boulevard are developed without the required landscaped setback. 4. That the above-mentioned waiver (b) is hereby denied on the basis that it has been deleted subsequent to advertisement. 5. That the request for a public dance hall would be detrimental to the surrounding residential area because of the land use compatibility issues associated with nightclub-type businesses such as noise, loitering, fights and public drunkenness. 6. That the banquet hall and a community and religious assembly facility with on-premises sales and consumption of alcoholic beverages and an off-site parking lot as conditioned herein and wiih the operational restrictions stipulated by the applicant including valet service, security and contractual restrictions will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located; 7. That the size and shape of the site proposed for the use is adequate to allow khe full development of the proposed use in a manner not detrimental to the particular area or to the health and safety provided that valet service is offered and that security is employed to deter any unlawful conduct and to prevent disturbance to adjacent residential neighborhoods; 8. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 9. That the granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. -2- PC2005-28 10. That at the prior public hearing on February 7, 2005, one person indicated their presence at - ----- said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or her authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class t (Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit by approving the public dance hall, banquet hall and a community and religious assembly facility with on-premises sales and consumption of alcoholic beverages and an off-site parking lot, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That this conditional use permit shall expire two (2) years from the date of this resolution, on February 23, 2007. 2. That a valid business license shall be obtained from the City of Anaheim, Business License Division. 3. That the legal property owner shall submit an application far a Subdivision Map Act Certificate of Compliance to the Public Works Department, Development Services Division. A Certificate of Compliance shall be approved by the City Engineer and recorded in the Office of the Orange County Recorder prior to issuance of a grading permit for the parking lot. 4. Thal prior to the Issuance of a grading permit for the parking lot, 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 (DAMP). • Incorporates Treatment Control 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. • Describes the mechanism for fund(ng the long-term operation and maintenance of the Treatment Control BMPs. 5. That prior to issuance of certificate of occupancy, the applicant shall • Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conforrnance with approved plans and specifications. • Demonstrate that the applicant is prepared to implement all nori-structural BMPs described in the Project WQMP • Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. • Submit for review and approval by the City an Operatioh and Maintenance Plan for all structural BMPs 6. That the developer shall construct tree wells ahd street trees along Adele Street between Anaheim Blvd and Claudina Street. A bond shall be posted for the required improvements in an amount approved by the City Engineer and a form approved by the City Attorney prior to issuance of a grading permit. A Right of Way Construction Permit shall be obtained from the Development Services Division of the Public Works Department for all work pertormed in the public right-of-way. The improvements -3- PC2005-28 shall be constructed prior to final building and zoning inspectiohs. If the application for the abandonment of Adele Street is not approved, or not submitted within six (6) months of the date of this resolution, that an 8-foot wide landscaped parkway and a 4-foot wide sidewalk shall be installed along Adele Street in conformance with Public Works Detail No. 160-A. 7. That the developer shall submit a cash payment fn an amount determined by the Gity Engineer to be sufficient to pay for the required street improvements along Sycamore Street. The cash payment shall be paid to the Public Works Department, Development Services Division prior to issuance of a grading permit. The cash payment shall be refunded if the street designation is reclassified through a General Plan Amendment approved by the City Council 8. That prior to Issuance of buitding permits, the property owner shall irrevocably offer to dedicate to the City of Anaheim an easement 53-feet in width from the centerline of the street along Anaheim Boulevard, 30-feet along Adele Street, 30-feet along Claudina Street and 32-feet along Sycamore Street, including corner cut-offs for road, public utility and other public purposes. Offers of dedication along Anaheim Boulevard shall contain specific conditions that allow the City to accept the easement dedication offer if the City Engineer approves street improvement plans to widen Anaheim Boulevard. Said offer of dedication shall also offer to compensate property owner for any required refacing of existing buildings encroaching into the ultimate right-of-way. If streets are redesignated under an approved General Plan Amendment or abandoned by the City Engineer and the irrevocable offers of dedication are no longer required, then the applicable dedication offers shall be terminated by the City. 9. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 10. That any tree and/dr landscaping planted on-site shall be replaced iri a timely manner in the event that it is removed, damaged, diseased and/or dead. 11. That gates shall not be installed across any driveway in a manner; which may adversely affect vehicular traffic in the adjacent public streets. Installation of any gates shall conform to Engineering Standard Plan No. 475 and shall be subject to the review and approval of the City Traffic and Transportation Manages 12. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 436 and 470 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 13. That the driveways shall be reconstructed to accommodate ten (10) foot radius curb returns in conformance with Engineering DepartmenfStandard No. 115. Said information shall be specifically shown on plans submitted for building permits.. 14. That the business on Parcel 1 shall provide a complementary valet service to minimize pedestrian crossing on Anaheim Boulevard. Information pertaining to the valet service shall be provided to potential customers holding private events at this facility. 15. That the property owner shall provide a loading zone for the valet parking service. A plan shall be submitted to the Traffic and Transportation Manager for review and approval. 16. That no required parking area shallpe fenced or otherwise enclosed for outdoor storage uses. 17. That roof-mounted equipment shall be screened from view In accordance with the requirements of Anaheim Municipal Cade Section 18.38.170 pertaining to the CG (General Commercial) Zone. Said information shall be specifically shown on plans submitted for building permits. -4- PC2005-28 18. 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 speciFlc screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.). 19, That any required relocation of City electrical facilities shall be at the property owner's expense. 20. That all backflow equipment shall be located above ground and outside of the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by the Water Engineering Department. 21. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonments of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 22. That since this project has a landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19 of the Anaheim Municipal Code. Said Information shall be specifically shown' bn plans submitted for building permits. 23. That all existing water services and fire lines shall conform to current Water Service Standards. Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use if necessary or abandoned if the existing water service Is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service of fire line. 24. That final sign plans shall be submitted to the Planning Services Division for review and approval as to number, size, placement, design and materials. Any decision by staff maybe appealed to the Planning Commission as a "Reports and Recommendations" item. 25. Thalia final landscape plan shall be submitted to the Planning Services Division for review and approval. Said plans shall specify minimum 24-inch box sized trees and incorporate broadheaded trees on maximum twenty (20) foot centers adjacent to the streets. Any decision by staff maybe appealed to the Planning Commission as a "Reports and Recommendations" item. 26. That 4-foot high address numbers shall'be displayed dnthe roof in abdntrasting color to the roof material. The numbers shall not be visible from the view of the street or adjacent properties. Said information shall be spedirically shown on plans submitted for Police Department, Community Services Division approval 27. That trash storage areas shall be prdvlded and maintained in a location acceptable to the Public Works Department and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 28. That the.project shall provide for truck deliveries on-site. Such Information shalt be spbcifically shown on plans submitted for building permits. 29. That adequate lighting of parking Ibts, driveway, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and -5- PC2005-28 vehicles on-site. Said lighting shall be decorative and complementary to the architecture of the building. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval 30. That an Emergency Listing Card, Form ADP-281 shall be completed and submitted in a completed form to the Anaheim Police Department. In addition, the operator shall provide the Code Enforcement Division with a contact name and phone number in the event a complaint is received. 31. That a plan for solid waste storage, collection and a plan for recycling shall be submitted to the Public Works Department for reviewand approval. 32. That an on-site trash truck turnaround shall be provided per Engineering Standard Detail No. 610. Said information shall be specifically shown on plans submitted to the Public Works Department for review and approval.. 33. That the permitted event or activity shall not create sound levels which violate any ordinance of the City of Anaheim. 34. That at all times that dancing is being permitted, security measures provided shall be adequate to deter unlawful conduct on the part of employees or patrons, or to promote the safe and orderly assembly and movement of persons and vehicles, or to prevent disturbance of the neighborhood by excessive noise created by patrons entering or leaving the'premises. The security measures implemented for each event, including the number of security guards shall be subject to review and approval by the Police Department: 35. That any and all security officers provided shall comply with all State and Local ordinances regulating their services, including, withdut limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. 36. That the sale of alcoholic beverages for consumption off the premises shall be prohibited. 37. That the number of persons attending the event shall not exceed the maximum occupancy load as determined by the Anaheim Fire Department. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. 38. That the doors shall remain closed but unlocked at all times that entertainment is permitted, except during times of entry or exit, emergencies and deliveries. 39. That all employees shall tie clothed in such a way as to not expose "specified anatomical areas" as described in Section 7.16.060 of the Anaheim Municipal Code. 40. That no minor under the age of sixteen (16) years shat) be allowed to attend the dance, unless. accompanied by a parent or guardian. 41. That the business shall not employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary; or other profit-sharing plan, scheme or conspiracy. 42. That there shall be at least one meal of a substantial nature as described in Section 4.16.050.030 of the Anaheim Municipal Code. 43. That the Floor space provided for dancing shall be free of any furniture or partitions and maintained in a smooth and safe condition. -6- PC2005-28 44. That there shall be no amusement machines, video game devices, or pool tables maintained upon the premises without issuance of proper permits as required by the Anaheim Municipal Code. 45. That no "happy hour" type of reduced price alcoholic beverage promotion shall be permitted. 46. That no alcoholic beverages shall be consumed on any property adjacent to the licensed premises under [he control of the licensee(s). 47. That the petitioner(s) shall police the area under their control in an eFfort to prevent the loitering of persons about the premises. 48. That the petitioner shall not share any profits, or pay any percentage or commission to a promoter or any other person, based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders, or the sale of drinks. 49. That no alcohol shall be allowed in the patio area. Signs shall be posted at doors stating "No alcohol beyond this point". 50. That subject property shall be developed and maintained 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, 2, and 3 and as conditioned herein. 51. That the business owner shall requ(re a written agreement for private parties that enforces the rules and regulations pertaining to alcohol consumption for private events. 52. That there shall be no outdoor special events. No banners and balloons shall be displayed at 401 and 407 North Anaheim Boulevard unless a Special Event Permit is first obtained. 53. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit No. 3813 {to permit a motorcycle sales and service facility with waiver of minimum number of parking spaces), Variance No. 1486 (to establish a furniture re-upholstery service) and Variance No. 1105 (to permit the sale and installation of mufflers) to the Planning Department. 54. That the hours of operation shall be limited to 8 a.m. to 12 a.m. (midnight) Sunday through Thursday, and 8 a.m. to 1 a:m. on Friday and Saturday. 55. That prior to issuance of a building permit, br within a period of one (1) year from the date of this resolution; whichever occurs first, Conditibn Nos. 8, 12, 13, 15, 17, 18, 20, 22, 24, 25, 26, 27, 28, 29, 31, 32 and 53, above mentioned, shall be complied with. Extensions for further time to complete said conditions maybe granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 56. That prior to issuance of a grading permit, or within a period df one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 3, 4, 6 and 7, above mentioned, shall be complied with. Extensions For Further time to complete said conditions maybe granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 57. That prior to final building and zoning inspections, Condition Nos. 2, 5, 6, 30, 37,.49 and 50, above mentioned, shall be complied with. Extensions for further time to complete said conditions maybe granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 58. That approval of this application constitutes approval of the proposed request only to the extent that ii complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 7- PC2005-28 59. That the use of all pyrotechnical material, special effects and fireworks shall be permitted only if, and to. _, the extent, approved by the Anaheim Fire Department prior to their use. 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 forpaying all charges related to the processing of this discretionary case application within 7 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 February 23, 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 maybe 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 February 23, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, PEREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAINED: COMMISSIONERS: VELASOUEZ, VACANT: COMMISSIONERS: ONE VACANCY IN WITNESS WHEREOF, I have hereunto set my hand this day of 2005. (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION _g. PC2005-28 (DRAFT] ATTACHMENT N0.3 RESOLUTION NO. PC2008-*** A RESOLUTION OF TFIE ANAHEIM PLANNING COMMISSION REINSTATING AND AMENDING CONDITIONS OF APPROVAL OF CONDITIONAL USE PERMIT NO. 2004-04952 (TRACKING NO. CUP2007-05254) OF RESOLUTION NO. PC2005-28, ADOPTED THEREWITH (PARCEL 1:401 AND 407 NORTH ANAHEIM BOULEVARD; PARCEL 2: 400, 408, 416 AND 424 NORTH ANAHEIM BOULEVARD, AND PARCEL 3: 113 WEST ADELE 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 ORIGINAL BUILDING LOT 5, AS SHOWN ON MAP OF LANDS OF ANAHEIM; BOOK 4 PAGES 629 AND 630 DEEDS RECORDS OF LOS ANGELES COUNTY. EXCEPTING THEREFROM THAT PORTION THEREOF AS GRANTED TO PETER J. WEISEL IN DEED RECORDED JANUARY 6, 1904, IN BOOK 98, PAGE(S) 364, DEEDS, RECORDS OF ORANGE COUNTY. ALSO EXCEPTING THEREFROM THAT PORTION THEREOF AS GRANTED TO FREDERICK W. KELLOGG, IN DEED RECORDED MARCH 2Q 1923, IN BOOK 462, PAGE 94 DEEDS, RECORDS OF SAID ORANGE COUNTY. LOT 5 IN BLOCK A OF HEIMANN AND GEORGE'S MAP OF ADDITION BUILDING-LOTS; IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 2, PAGE 349 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. 408 N. ANAHEIM BOULEVARD -LOTS 2 AND 3 OF BLOCK A OF THE HEIMANN AND GEORGE'S MAP OF ADDITION BUILDING LOTS, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 2, PAGE 249 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. 416 AND 417 NORTH ANAHEIM BOULEVARD -THE WESTERLY 122 FEET OF THE SOUTHERLY 81 % FEET OF LOT 1 IN BLOCK "A" OF HEIMANN AND GEORGE'S MAP OF ADDITION BUILDING LOTS, IN .THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF' CALIFORNIA AS PER MAP THEREOF RECORDED IN BOOK 2, PAGE 249, OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. THE SOUTHERLY 40.5 FEET IN THE EASTERLY 110 FEET OF LOT 1 IN BLOCK A OF HEIMANN AND GEORGE'S ADDITION TO ANAHEIM, IN THE CITY OR ANAHEIM, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 2, PAGE 249, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CA. 424 NORTH ANAHEIM BOULEVARD -THAT PORTION OF LOT 1 IN BLOCK A OF HEIMANN AND GEORGE'S ADDITION TO ANAHEIM, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGE 249 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: -1- PC2008-*** BEGINNING AT A POINT ON THE EASTERLY LINE OF LOS ANGELES STREET, AS IT EXISTED ON JUNE 28, 1973, SAID POINT BEING 100.00 FEET SOUTHERLY OF THE NORTHERLY LINE OF SAID LOT 1; THENCE NORTHERLY ALONG SAID EASTERLY LINE, 100.00 FEET TO SAID NORTHERLY LINE; THENCE EASTERLY ALONG SAID NORTHERLY LINE, 11950 FEET. TO A POINT .112.00 FEET; MEASURED ALONG SAID NORTHERLY LINE, WEST OF THE WEST LINE OF HERMINE STREET (NOW KNOWN AS CLAUDINA STREET), AS SHOWN ON SAID MAP; THENCE AT RIGHT ANGLES SOUTHERLY AND PARALLEL WITH SAID EASTERLY LINE, 100.00 FEET; THENCE AT RIGHT ANGLES WESTERLY AND PARALLEL WITH SAID NORTHERLY LINE, 119.50 FEET TO THE POINT OF BEGINNING.. WHEREAS, on February 23, 2005, the Anaheim Planning Conunission, by Resolution No. PC2005-28, approved Conditional Use Permit No. 2004-05254 to permit a public dance hall, banquet hall and a community religious assembly facility with on-premises sales and consumption of alcoholic beverages and anoff-site parking lot; and WHEREAS, said Resolution No. PC2005-28 includes the following conditions of approval: "1. That this conditional use permit shall expire two {2) years from the date of this resolution, on February 23, 2007. 50. That subject property shall be developed and maintained 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, 2, and 3 and as conditioned herein." WHEREAS, the property is currently under construction for a public dance hall, the underlying zoning is C-G (General Commercial) and the Anaheim General Plan designates this property for Mixed Use land uses; and , WHEREAS, the applicant has requested an amendment of this conditional use permit to modify the above-mentioned conditions of approval pursuant to Code Section No. 18.60.190 of the Anaheim Municipal Code; .and WHEREAS, the applicant has requested reinstatement of this conditional use permit to retain apreviously-approved public dance hall, banquet hall and a community religious assembly facility with on-premises sales and consumption of alcoholic beverages and an off-site parking lot and to remove the time limitation pursuant to Code Section 18.60 of the Anaheim Municipal Code; and -2- PC2008-*** WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 10, 2007, at 2:30 p.m., notice of said public hearing , having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the January 7, 2008, 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 reinstatement of this permit and the deletion of conditions of approval pertaining to a time limitation to retain apreviously-approved public dance hall, banquet hall and community and religious assembly with on-premises sales and consumption of alcoholic beverages and an off-site parking lot is properly one for which a conditional use permit is authorized under Code Section 18.08.030.040.0402 (Community and Religious Assembly, Private Commercial Recreation Indoor, Alcoholic Beverage Sales) and Section 18.60.180 (Reinstatement of atime-limited permit) of the Anaheim Municipal Code. 2. That the proposal, as conditioned, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located. 3. 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 azea. 4. That granting this reinstatement, under the conditions imposed, will not be detrimental to the peace, health and safety of the citizens of the City of Anaheim. 6. That the banquet hall and a community and religious assembly facility with on-premises sales and consumption of alcoholic beverages as conditioned herein and with the operational restrictions stipulated by the applicant including valet service, security and contractual restrictions will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located. 7. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety provided that valet service is offered and that security is employed to deter any unlawful conduct and to prevent disturbance to adjacent residential neighborhoods; 9. That the granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. 10. That *** indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to the subject petition. -3- PC200$-*** CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or her authorized representative has determined that the proposed project falls within_ the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines .and is, therefore, exempt from the requirement to prepare„ , additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby reinstate Conditional Use Permit No. 2004-05254 to permit a public dance hall, banquet hall and a community and religious assembly facility with on-premises sales and consumption of alcoholic beverages and anoff--.site pazlting lot with a cover chazge. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby amend the conditions of approval of Resolution No. PC2005-28, in their entirety, pertaining to Conditional Use Permit No. 2004-04952, as follows: COA Conditions of Approval Responsible for IVlonitorin PRIOR T O`:ISSUANCE OF GRADING PERMIT COAL That prior to the issuance of a grading permit for the parking lot, the Public Works - applicant shall submit to the Public Works Department, Development Development Services Division for review and approval a Water Services Quality Management Plan that: • Addresses Site Design Best Management Practices (BMPs) such as inimi~ing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero dischazge" azeas, and conserving natural azeas. • Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan (DAMP). • Incorporates Treatment Control 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. • Describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. PRIOR TO FINALBUILDING AND ZONING INSPECTIONS ; COA2 That final sign plans shall be submitted to the Planning Services Planning Division for review and approval as to number, size, placement, design and materials. Any decision by staff may be appealed to the Planning Commission as a "Reports and Recommendations" item. -4- PC2008-*** COA3 That prior to issuance of certificate of occupancy, the applicant Public Works - shall: Development o Demonstrate that all structural BMPs described in the Project Services WQMP have been constructed and installed in conformance with approved plans and specifications. ® Demonstrate that the applicant is prepazed to implement all non-structural BMPs described in the Project WQMP ® Demonstrate that an adequate number of copies of the approved Project WQMP aze available onsite. ® Submit for review and approval by the City an Operation and Maintenance Plan for al] structural BMPs: COA4 That the developer shall construct tree wells and street trees along Public Works - Adele Street between Anaheim Blvd and Claudina Street. A bond . Development shall be posted for the required improvements in an amount . Services approved by the City Engineer and a form approved by the City Attorney prior to issuance of a grading permit. A Right of Way Construction Permit shall be obtained from the Development Services Division of the Public Works Department for all work performed in the public right-of--way. The improvements shall be constructed prior to final building and zoning inspections. If the application for the abandonment of Adele Street is not approved, or not submitted within six (6) months of the date of this resolution, that an 8-foot wide landscaped pazkway and a 4-foot wide sidewalk shall be installed along Adele Street in conformance with Public Works Detail No. 160-A. COAS That subject property shall be developed and maintained Planning substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans aze on file with the Planning Department marked Exhibit Nos.l, 2, and 3 and as conditioned herein. GENERAL COA6 That loitering shall be prohibited on or around the premises. Planning Police COAT That the establishment shall be operated as a "Bona Fide Public Plazuung Eating Place" as defined by Section 23038 of the California Business and Professions Code. COAS ' That subject alcoholic beverage license shall not be exchanged fora Planning public premises (baz) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the Police California Business and Professions Code. -5- PC2008-*** COA9 That the gross sales of alcoholic beverages shall not exceed 40% of Planning gross sales of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcohol and other items. These records shall be made available for inspection by any City of Anaheim official during reasonable business hours.. COA10 That the sales of alcohol for off-premises consumption shall be Planning prohibited. Police COA11 That there shall be no exterior advertising of any kind or type, Planning including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Police COA12 That there shall be no public telephones on the premises located Planning outside the building. COA13 That a valid business license shall be obtained from the City of Planning Anaheim, Business License Division. COA14 That the property shall be permanently maintained in an orderly Planning fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. COA15 Tha[ any tree and/or landscaping planted on-site shall be replaced in Planning a timely manner in the event that it is removed, damaged, diseased and/or dead.. COA16 That gates shall not be installed across any driveway in a manner, Public Works - which may adversely affect vehicular traffic in the adjacent public Traffic streets. Installation of any gates shall conform to Engineering Engineering Standard Plan No. 475 and shall be subject to the review and ap royal of the City Traffic and Trans ortation Manager. COA17 That plans shall be submitted to the City Traffic and Transportation Public Works - Manager for his review and approval showing conformance with the Traffic current version of Engineering Standard Plan Nos. 436 and 470 Engineering pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said lans. COA18 That the business on Parcel 1 shall provide a complementary valet Planning service to minimize pedestrian crossing on Anaheim Boulevard. Information pertaining to the valet service shall be provided to otential customers holding rivate events at this facility. COA19 That the property owner shall provide a loading zone for the valet Planning parking service. A plan shall be submitted to the Traffic and Transportation Manager for review and ap royal. COA20 That no required parking area shall be fenced or otherwise enclosed Planning for outdoor storage uses. -6- PC2008-*** COA21 That roof-mounted equipment shall be screened from view in Planning accordance with the requirements of Anaheim Municipal Code Section 18.38.170 pertaining to the CG (General Commercial) Zone. COA22 That trash storage areas shall be provided and maintained in a Plam~ing location acceptable to the Public Works Department and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers or tall shrubbery. COA23 That the project shall rovide for truck deliveries on-site. Planning COA24 That adequate lighting of parking lots, driveway, circulation areas, Police aisles, passageways, recesses and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on-site. Said lighting shall be decorative and complementary to the architecture ofthe building. Said information shall be specifically shown on plans submitted for Police..... De artment; Community Services Division a proval. COA35 That an on-site trash truck turnaround shall be provided per Public Works - Engineering Standard Detail No. 610. Sanitation COA26 That the permitted event or activity shall not create sound levels Planning which violate any ordinance of the City of Anaheim. COA27 That at all times that dancing is being permitted, security measures Police provided shall be adequate to deter unlawful conduct on the part of employees or patrons, or to promote the safe and orderly assembly. and movement of persons and vehicles, or to prevent disturbance of the neighborhood by excessive noise created by patrons entering or leaving the premises. The security measures implemented for each event, including the number of security guards shall be subject to review and approval by the Police De artment: COA28 That no minor under the age of sixteen (16) years shall be allowed to Police attend the dance, unless accom anied by a agent or guardian. COA29 That any and all security officers provided shall comply with all Planning. State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Police Business and Profession Code... COA30 That the sale of alcoholic beverages for consumption off the Police premises shall be rohibited, -7- PC2008-*** COA31 That the number of persons attending the event shall not exceed the Fire maximum occupancy load as determined by the. Anaheim Fire Department. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. COA32 That the doors shall remain closed but unlocked at all times that Police entertainment is permitted; except during times of entry or exit, emergencies and deliveries. COA33 That all employees shall be clothed in such a way as to not expose Police "specified anatomical areas" as described in Section 7.16.060 of the Anaheim Municipal Code. COA34 That the business shall not employ or permit any persons to solicit Police or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other rofit-sharing Ian; scheme or conspiracy: COA35 ' That the floor space provided for dancing shall be free of any Police furniture or partitions'and maintained in a smooth and safe condition. COA36 That there shall be at least one meal of a substantial nature as Police described in Section 4.16.050.030 of the Anaheim Municipal Code. COA37 That there shall be no amusement machines, video game devices, or Code pool tables maintained upon the premises without issuance of proper Enforcement permits as required by the Anaheim Munici al Code, COA38 That no "happy hour" type of reduced price alcoholic beverage Police promotion shall be permitted. COA39 That no alcoholic beverages shall be consumed on any property Police adjacent to the licensed remises under the control of the licensee(s): COA40 That the petitioner(s) shall police the area undertheir control in an Police effort to prevent the loitering of ersons about the remises.. COA41 That no alcohol shall be allowed in the patio area. Signs shall be Police posted at doors stating "No alcohol beyond this oint": COA42 That the petitioner shall not share anyprofits, or pay any percentage Police or commission to a promoter or any other person, based upon monies collected as a door charge, cover charge; or any other form of admission charge, including minimum drink orders, or the sale of drinks. COA43 That the business owner shall require a written agreement for private ' Planning parties that enforces the rules and regulations pertaining to alcohol consumption for private events: COA44 That there shall be no outdoor special events. No banners and Planning balloons shall be displayed at 401 and 407 North Anaheim Boulevard unless a S ecial Event Permit is first obtained. COA45 That the hours of o eration shall be limited to 7 a.m. to 2 a.m. daily. Planning COA46 That the use of all pyrotechnical material, special effects and Fire fireworks shall be permitted only if, and to the extent, approved by the Anaheim Fire De artment rior to their use. -8- PC2008-*** COA47 That approval of this application constitutes approval of the Planning 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 a licable ordinance, regulation. or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 7 days of the issuance of the final invoice 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 January 7, 2008. 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 maybe replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -9- PC2008-*** STATE OP CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Flanning Commission held on January 7, ?008, 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 X008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION 10- PC2008-*** Item No. i w J U K m~ O Z m ~ m ~~ e 0 SAgC Overlay Zone e ~ ~e .~, ~ .o.u B %,~~, ¢ n 1 i EAC m " r°~'vn¢ RCL -66-2 1 DU EACF~ 'mm Ct. 0 CLIP 3969 W ° ~ ? i U - 1 DD uu~a UP B6 0 IqU VAR 2413 1 ou ~ om a ~ I A RS-2 ~ U~ a g¢ c f/1 A ~ ¢~ w 1 DU EACH ~, 0 m B MARGATE DRIVE 1 ~~ +„~t r' ' `~' B ~'~ a~'2 / ~S.a ~'~~ce + ~~.4 ;,~ w~~fl~-,- Wit.. RS -2 -~ C G RCL 53-54--'. 1 DU EACH ~ T-CUP 2007-0; - "~; CUP 3959 B m ~ CUP 2686 CUP 1544 HILL AVE c ~' VAR 315 ~,:v: ' ADJ 0083 ~-~ PCN 95-D1 e. ~~ SHOPPINGCEI 1 DU EACH 0' e ~ J - a R&2 Y H t DUEACH n RS wa 1 DU EACH a a Z ~, 7 ~~ O ,~, G ~ ~ ~ ~' G ~' O ~, o ~ ' 4 DU . o C-G RCL 56-57-30 j CUP 2fi02 U C RG~~ HILL PL ~PNF 4 DU d WINSTON RD Conditional Use Permit No. 3959 (Tracking No. CUP2DD7-05278) Requested By: ROBERT VERMELTFOORT 1221 South Anaheim Boulevard BALL ROAD U ~ ~ ~ ~ m ~ ~ '~'^ RCL 52-63-71 O m n VAR 2993 Z F- ~ SUPPLY U ~j~ COMPANY ~ ~U~ 1 RCL 2000-00023 Res. aflnt. fo 5 9 SA COVerlay Zone) ` 5 1 RCL 66-67-04 RCL 54-55-42 R 19 RG 5 RCL P 229 CUP 777 CAR V R162T DEALERSHIP R VER O 14 R~382 VP 6 519 RGL 5 TILE 05228 STORE RG ' 0 1- 2 0 GU VPR ~62T `20 0 o P RG f Intent o J B RG~55 6T 1gtR s o aG165,~56 cPR._ \ 566 B~ tA, RCGUP 1679 OFJ`~ER VPRt52~ e s ~7 i+ g... g5 t~SP l RCS 55 / yt5 RC151 RV PR. DEp ER V p~ Itl `~ Subject Property 1 „~~ Date: January 7, 2008 Scale: 1" = 200' Q.S. No. 86 ioa32 Aerial Photo: Jutv 200fi Conditional Use Permit No. 3959 (Tracking No. CUP2007-05278) Requested By: ROBERT VERMELTFOORT Subject Property Date: January 7, 2008 Scale: 1" = 200' Q.S. No. 86 1221 South Anaheim Boulevard ~oaaz 1<T>Fn~ ~®. 7 PL G C®Il~I~III3Sg®1~1 A~EIVIlDA REl'®R'I' City of Anaheim PLANNING I)EPAIZTN~NT iD~TE: aArluARx ~, aoo~ FRONY: PLAN1~IYiVG SERVICES 1i~ANAGER SYJB.YECT: AIiZEIVIDIVYEPIT TO COIVIDITIOIVAL USE PERIVIIT PIO.3954 (TRACKING rv®. cuPaoo'-os278> LOCATION: 1221 South Anaheim Boulevazd APPLICAPIT/PROPERTl'QWNER: The applicant is Robert Vermeltfoort and the property owner is Fiesta Properties, LLC. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 785-5280 wuvw.anaheim;net. REQUEST: The applicant requests approval to remodel the exterior fapade of the Fiesta Mazket and the adjacent retail building and restripe the parking lot with fewer spaces than required by code. RECOMMENIDATION: Staff recommends that the Commission continue this request to the January 23, 2008, Planning Commission meeting to allow time far the applicant to modify the plans. BACKGROUPIY): This property is developed with the El Pollo Loco and Burger King drive-through fast food restaurants, the Fiesta Mazket and a multiple tenant retail building. The site is zoned General Commercial (CG). The General Plan designates this property and the properties to the north and east for General Commercial land uses and ,the properties to the south and west for Low and Medium Density Residential land uses. The applicant requests a continuance to the January 23, 2008, Planning Commission meeting to revise the plans to accurately depict the proposed and existing conditions of the site. Respectfully submitted, ~~~ ~~~ Principal Planner Attachment 1. Continuance Request Qanager A'~"1['ACIEIIVIEI~IT' IV®. 1 Farorn: Molly Sm(th [mallto:mollys-val@sbcglobal.net] Sent: Tuesday, December 18, 2007 1:23 PM To: Minoo Ashabi Cc: 'Robert Vermeltfoort' Subject: RE: 'Hearing Date Hello Minoo, I spoke with Robert and in light of the issues we have discussed and since he is out of the country until Dec 22"d, we feel it is best to continue until the next PC hearing, January 23rd. If you have any questions, please do not hesitate to contact me. I will be sending you this week the revised site plan per our 1CM for your review. Thank you, Molly LM Smith Architect Vermeltfoort Architects %nc. 8525 North Cedar Avenue Suite 106 Fresno., California 93720 (559) 432-6744 (559) 432-6745 fax mollvs-vaiCa sbcglobal. net Item No. II GG (SA9LI RCL 5360.100 IRes nl lnlenl to LH) ftCL 5B~59-T1 T-LVP 100iA53]i cuP z0636s]e OFFICE t e r w~ F wi w w vL'i w K I(sn9c) I(sA6c1 I ( T ~ RCL 82-0322 I GOLDEN SKIES MOBILE HOME PARK; I N N 0i W lp m y c1 s O i ~ a ¢ z ~ ¢ U ~~ ° e I ~g ~ RCL54-55-02 ~o ~ ( 2 54 N SMALL IND. FIRMB e 3 I(SABC ~ G O µCL D. ~( ~- SMALL I D. SMFIFMS I (SAaq _ FIRMS Z RCL S4-65-02 Y COMM. SHOP >~ o s® N ~ 0~ _ s , O PALAIS RD ~ i D IC) > ' 92-02 VAR 1fi9 57-14 (CUP 35501 (SABC) n i I CUP 3330 , _ 5-02 ICUP 34391 RCL 5465-02 ~ 0 fiORi yqR 4050 G=ALLEG STREET -69845 (CUP 30547 T-CUP 2007-05262 aU51NE5S CENTER P INDUSTRIAL T-CUP 2000-04228 ~ epz BUILDING I(SARC) CUP 348 > RCL54-55-42 CUP 3407 P SMALL IND. VAR 4210 ~ I (snficl FIRMS RELIGIOUS ar.L ee-fii-u ORGANIZATION z 1 VAfl 3943 SMALL IND. FIRM6 ~ w~~~~/~ ~ GG (6A6C7 T CUP 2001.04421 Z ~5 ~ "~~~~' (Ras of n to 6UA116G T CUP 2001-04303 3' '~ ~' ~~ ~~~~ RCL 0.91 25 T-CUP 2001-04300 m c~.~-~,a~ ~~r`~'.? ~ RCL 68-6739 T-CUP T001-04290 rn l~~fis ~ ' 'S RGL 60.61.113 T-CUP 200404230 `~ ( ,,, ~s -cq'+~'~~-.7P' BOE1-14 T-CUP 200609205 7~ ~y,~s s ~, RCL SS58-19 CUP 3952 ~?",~x' `"'~~ IT-CUP 2007-05272 CUP 3669 O `~~ ~ ~~"` ~T-CUP 200&05069 CUP 3909 C xrt & ,~],~,~ F T-CUP 200}09795 CUP 3545 r ~~~~'s~`~~ 4TCUP2002W532 VAR ten '"k?~~-a?; t,J~~ CUP 20 ANAHEIM MARI9ETPlACE D o-D (spec) ~~~ INDOOR SWAP MEET ~- RLL ebewx LUP 3Gei ~~~1 S'~ :, ~^~ ~_~ `"+ M. Rc1988]-]9 CUP ]Bi3 ~„y r ~tzat ~~ry. '~ ~ PCL eeaT-u cw tit ay~~ ; ~fe '~ ALL 9081-11] VM ]Y10 c -y~~'~~~' ~q # 6 RCL SF56-.18 VM 1ED ~~£y~rp`.~~-~, y ,G'c~s~ RCL 545342 `~~~ ~~ '+%~;~~^ '' .- RESTAURANT s%+' sVi ~ Sfl~~~~~"~-" 725'- CERRITOS AVENUE 0 I(SABC7 66-67-38 6D fi1-113 RCL 5455-42 RCL 66-67-36 RCL 6681-113 CUP 2003-04817 VAR 4356 VAR 3148 VAR 1961 SCW 2006-00036 SCW 2006-00033 fCUP 1396) SMALL IND. FIRMS Conditional Use Permit No. 2007-05250 (Tracking No. CUP2007-05272) Requested By: SANG C. HAN 1440 South Anaheim Boulevard -Anaheim Indoor Marketplace 10437 I{SPHC) RGL 545542 CUP 1700 I 8887-38 8081-T1] RCL 54-5512 CUP 2 0 0 3 01517 RCL a&8730 RCL 8081-113 VAR 3145 SMALL IND. FIRMS _! ,` ~;~ Subject Property Date: January 7, 2008 Scale: 1" = 250' Q.S. No. 96 Aerial Photo: Julv 2006 Conditional Use Permit No. 2007-05250 (Tracking No. CUP2007-05272) Requested 8y: SANG C. HAN 1440 South Anaheim Boulevard -Anaheim Indoor Marketplace Subject .Property Date: January 7, 2008 Scale: 1" = 250' Q.S. No. 96 10437 ITEM NO. 8 PLANNING COMMISSION AGENDA REPORT 200 S. Anaheim Bivd. Suite #462 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 veww.anaheim.net City of Anaheim PLANNING DEPARTMENT ~- DATE: JANUARY 7, 2008 FROM:.< PLANNING SERVICES MANAGER SUBJECT: CONDITIONAL USE PERMITNO.2007-05250 (TRACKING NO. CUP 2007-05272) LOCATION: 1440 South Anaheim Boulevazd` APPLICANT/PROPERTYQWNER: The applicant is Sang C. Han and the property owner is Lederer-Anaheim, Ltd.. REQUEST: The applicant requests approval of a tattoo and piercing shop. RECOMMENDATION: Staff recommends that the Commission take the following actions: (a) By motion, approve a Categorical Exemption, Class L (b) By resolution, approve an amendment to Conditional Use Permit No. 2007- 05250. BACKGROUND:.This 14.7-acre property. is currently developed with the Anaheim Indoor Mazketplace, an indoor swap meet, and is zoned Commercial. General (C-G). The General Plan designates this property and surrounding properties for General Commercial land uses. Properties to the. west aze designated for,Medium and Low- Medium Density Residential land uses.;. PROPOSAL: On October 10, 2007, the Planning Commission approved a request by this applicant to operate a tattoo and body piercing business within space I-11 of the Anaheim Indoor Mazket. The applicant is proposing to operate a second booth within the Mazketplace at space E-27. The proposed space is 157 square feet in azea surrounded by walls with a glass window opening, and includes a sink and counter azea. The business would be open during from. 10:00 a.m. to 7:00 p.m., Wednesday through Monday, the same as the Mazketplace, The applicant submitted a letter of request which is attached to this report. The letter indicates that the proposed use was previously approved under Conditional Use Permit No. 2001-04439 however, that permit entitled on-premise sales and consumption CONDITIONAL USE PERMIT N0.2007-05250 Ianuary72008 Page 2 of 2. of beer and wine in conjunction with a restaurant use within the Anaheim Indoor Market and is not related to a tattoo pazlor use. ANALYSIS: The project has been evaluated against applicable development standazds and is in compliance. Code permits tattoo and piercing parlors in the C-G zone subject to approval of a condifional use permit. The intent of the requirement for a conditional use permit is to evaluate the proposed location and operation to ensure that it does not a~dversely impact surrounding land uses. Staff believes that since the business will be ldcated within the mazketplace building, and all activities will be conducted indoors and not visible to public view, this is an appropriate location. In' addition, tattoo pazlors aze regulated by the Orange County Health Department. Annual inspections aze conducted by the Health Department to ensure that the business operates in a sterile environment and in compliance with County Health Department regulations. Respectfully submitted, Conc ed by, Principal Planner 'ng Se i es Manager Attachments: 1. ' Zetter'of Request 2. Draft Resolution 3. Prior Resolution The following attachments were provided to the Planning'Commission and aze available for public review at the Planning Services Division at City Hall. 4. 'Plans and Photos 5. Prior Staff Report (October P 2007) 6. Prior Planning Commission Meeting Minutes (October 1, 2007) ATTACHMENT NO. 1 ~IiAFIIiJIM INI9®OR MARKETPLACE Orange County's Largess Planning Department City of.4naheim 200 South Anaheim Boulevard Anaheim, California 92805 November I, 2007 Re: Amendment to C.U.P. 2007-05250 To Wltom It May Concern: We are wilting this letter on behalf of, and at the request of Sang C. Han, owner ofJoy Tattoo and Body Piercing who is currently operating a tattoo shop under a recently granted Conditional Use Permit No. C.UP. 2007-05250, in Space I-l 1 at Anaheim Indoor harketplace. Mr. Han has subsequently entered into an agreement to acquire another tattoo shop at the Marketplace which hxs been operated by another vendor, Byong Chang Han, for many years under master number C.U.P. 2001-04439 (with a subsequent case number C.U.P. 2002-04597). We fee] that the proposed transfer of the store from the old vendor to the applicant will have no adverse effect on current vendors inside the Anaheim Indoor Marketplace or any of its surrounding businesses or neighbors, and that similarly the proposed application for any Conditional Use Permit or Amendment to Existing Permits be granted. The current hours of operation for the Anaheim Indoor Marketplace are Wednesday through Monday, from 10:00 a.m. to 7:00 p.m. The Anaheim Indoor Marketplace currently has a total of 1,241 on-site parking space. ff you would like to discuss this C.U.P. application, please feel free to contact me. Thank you. Respectfully submitted, ANAHE INDOOR MARKETPLACE By: Les E. Lederer, Yresideht As owner of ehe lmoperty, f concur with this request and support the application SUP LEDE. - IM, LTD. CITY PLANNING COMM_ ISSION By Les E. Lederer, Genera] Partner Np 2007- 05250 ~~~T ~~~~`~~NG JAN 0 1 2003 LEL/hd ' ~4~41) ~~ A~~~g~~~~n~c~..- Anaheim, CA 92805 - (714) 999-0888 -Fax (714) 999-0885 [DRAFT] ATTACHMENT NO. 2 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05250 (TRACKING NO. CUP2007-05272) BE GRANTED (1440 SOUTH ANAHEIM BOULEVARD). WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP,SOUTH, RANGE 10 WEST, IN THE RANCHO SAN NAN CAJON IN SANTA ANA, MORE PARTICULARLY DESCRIBED BELOW. DESCRIPTION: THAT PORTION OF THE SOUTHWEST QUA RTER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 4 SOUTH,. RANGE 10 WEST, IN THE RANCHO SAN NAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY RIGHT OF WAY LINE OF A 60 FOOT STATE HIGHWAY, AS DESCRIBED IN A DEED RECORDED JULY 10, 1914 IN BOOK 258 PAGE 66 OF DEEDS, WITH THE NORTHERLY RIGHT OF WAY LINE, OF CERRITOS AVENUE 40.00 FEET IN WIDTH, SAID POINT BEING ON A CURVE IN SAID NORTHEASTERLY TIGHT OF WAY LINE CONCAVE SOUTHWESTERLY HAVING A RADNS OF 630.00 FEET, A RADIAL LINE THOROUGH SAID POINT BEARS NORTH 82°54'41" EAST THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE, OF 4°37' 14' A DISTANCE OF 50.81 FEET, THENCE NORTH 6°55'00" WEST ALONG THE WESTERLY LINE OF LAND DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA RECORDED APRIL 33, 1929 IN BOOK 257 PAGE 462 OF OFFICIAL RECORDS TO THE SOUTHWEST CORNER OF TRACT 3313 AS SHOWN ON A MAP RECORDED IN BOOK 107 PAGES 34 TO 37 INCLUSNE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. THENCE NORTH 89°56'51 EAST 1161.91 FEET ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 3313 TO THE WESTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT OF - 1 - PC2008-*** WAY, AS DESCRIBED IN A DEED RECORDED AUGUST 18 1899. IN BOOK 44 PAGE 226 OF DEEDS, THENCE SOUTH 15°25'43" EAST 78.88 FEET ALONG SAID WESTERLY LINE TO THE EASTERLY LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 23, THENCE SOUTH 09°10'18" EAST 640.48 FEET ALONG SAID WESTERLY LINE, TO THE SOUTHERLY LINE OF THE NORTHWEST QUARTER TO SAID SECTION 23, THENCE WEST ALONG SAID SOUTHERLY LINE TO THE NORTH WESTERLY RIGHT OF WAY LINE OF SAID 60:00 FOOT STATE HIGHWAY, THENCE NORTHERLY ALONG SAID NORTHEASTERLY LINE TO THE POINT OF BEGINNING. EXCEPT THEREFROM THE WEST 144.51 FEET OF SAID LAND: ALSO EXCEPT THEREFROM ALL THAT PORTION OF SAID LAND DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF A LINE WHICH IS PARALLEL WITH THE SOUTHERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 23 CENTER LINE OF CERRITOS ' STREET AND DISTANT NORTH 220.00 FEET MEASURED AT RIGHT ANGLES FROM SAID SOUTHERLY LINE AND THE EASTERLY LINE OF THE LAND DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA RECORDED APRIL 23, 1929 IN BOOK 237 PAGE 462 OF OFFICIAL RECORDS EASTERLY LINE OF LOS ANGELES STREET, THENCE SOUTH 6°55'00" EAST ALONG SAID EASTERLY LINE A DISTANCE OF 250.99 FEET TO A POINT ON A CURVE CONCAVE SOUTHWESTERLY HAVING A RADNS OF 830.00 FEET SAID POINT BEING IN THE NORTHEASTERLY RIGHT OF WAY LINE OS A 60.00 FOOT STATE HIGHWAY AS DESCRIBED IN A DEED RECORDED 1ULY 28, 1914 IN BOOK 258 PAGE 66 OF DEEDS RADIAL LINE THROUGH SAID POINT BEARS NORTH 78°17'27" EAST THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6°26'59" AND AN ARC DISTANCE OF 70.92 FEET. TO A POINT IN THE SOUTHERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 23, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 84°44'26" EAST THENCE EAST ALONG SAID SOUTHERLY LINE A DISTANCE OF 221.36 FEET THENCE NORTH AND AS RIGHT ANGLES TO SAID SOUTHERLY LINE A DISTANCE OF 220.00 FEET THENCE WEST AND PARALLEL WITH SAID SOUTHERLY LINE A DISTANCE OF 250.00 FEET TO THE POINT OF BEGINNING. - 2 - PC2007-*** WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on 7anuary 7, 2008, 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 Cade, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed tattoo and piercing parlor is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.010 (Personal Services -Restricted); and 2. That the proposed use would not adversely affect the adjoining land uses and the growth and development of the area in which it is located because the operation would be contained within the building and the other existing tattoo and piercing parlor has not adversely affected surrounding areas; and 3. That the traffic generated by the use would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because adequate parking is provided on-site; and 4. That granting this conditional use permit, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim; and 5. That *** indicated their presence at said public hearing in opposition; and that. *** correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Planning staff has determined that the proposed project falls within the definition of Categorical Exemptions; Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition For Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the Citizens of the City of Anaheim: - 3 - PC2008-*** Responsible COA/ for MMP Conditions of Approval Monitoring fiEt~'~'RAL ~ ~ r ~~ COA 1 That subject property shall be developed substantially in accordance Planning with plans and specifications submitted to the City of Anaheim by the applicant and which plans aze on file with the Planning Department mazked Exhibit Nos. 1 through 3, and as conditioned herein. COA 2 That signs advertising subject business shall not be displayed outside of planning the building. COA 3 That approval of this application constitutes approval of the proposed N/A 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 regazding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declazed 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 shad 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 January 7, 2008. 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. _ 4 _ PC2008 *** CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 January 7, 2008, 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 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 5 - PC2008-*** ATTACHMENT N0.3 RESOLUTION NO. PC2007-116 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDTI'IONAL USE PERMIT NO. 2007-05250 BE GRANTED (1440 SOUTH ANAHEIM BOULEVARD) WHEREAS, the Anaheim Planning Commission did receive a Verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim., County of Orange, State of California, described as: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP SOUTH, RANGE 10 WEST, IN THE RANCHO SAN TUAN CAJON IN SANTA ANA, MORE PARTICULARLY DESCRIBED BELOW. DESCRIl'TION: THAT PORTION OF THE SOUTHWEST QUA RTER OF THE NORTHWEST. QUARTER OF SECTION 23, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDID IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED. AS FOLLOWS:- BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY RIGHT OF WAY LINE OF A 60 FOOT STATE HIGHWAY, AS DESCRIBED IN A DEED RECORDED JULY 10, 1914 IN BOOK 258 PAGE 66 OF DEEDS, WTTH THE NORTHERLY RIGHT OF WAY LINE, OF CERRTTOS AVENUE 40.00 FEET IN WIDTH, SAID POINT BEING ON A CURVE IN SAID NORTHEASTERLY TIGHT OF WAY LINE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 630.00 FEET, A RADIAL LINE THOROUGH SAID POINT BEARS NORTH 82°54'41" EAST THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE, OF 4°37' 14' A DISTANCE OF 50.81 FEET, THENCE NORTH 6°55'00" WEST ALONG THE WESTERLY LINE OF LAND DESCRIBED IN A DEID TO THE STATE OF CALIFORNIA RECORDED APRIL 33, 1929 IN BOOK 257 PAGE 462 OF OFFICIAL RECORDS TO THE SOUTHWEST CORNER OF TRACT 3313 AS SHOWN ON A MAP RECORDED IN BOOK 107 PAGES 34 TO 37 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. THENCE NORTH 89°56'51 EAST 1161.91 FEET ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 3313 TO THE. WESTERLY LINE OF THE 50UTHERN PACIFIC RAILROAD RIGHT OF WAY, AS DESCRIBED IN A DEED RECORDED AUGUST 18 1899. IN BOOK 44 PAGE 226 OF DEEDS. THENCE SOUTH 15°25'43" EAST 78.88 - 1 - PC2007-116 FEET ALONG SAID WESTERLY LINE TO THE EASTERLY LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 23, THENCE SOUTH 09°10' 18" EAST 640.48 FEET ALONG SAID WESTERLY LINE, TO THE SOUTHERLY LINE OF THE NORTHWEST QUARTER TO SAID SECTION 23, THENCE WEST ALONG SAID. SOUTHERLY LINE TO THE NORTH WESTERLY RIGHT OF WAY LINE OFSAID 60.00 FOOT STATE HIGHWAY, THENCE NORTHERLY ALONG SAID NORTHEASTERLY LINE TO THE POINT OF BEGINNING.. EXCEPT THEREFROM THE WEST 144.51 FEET OF SAID LAND.. ALSO EXCEPT THEREFROM ALL THAT PORTION OF SAID LAND' DESCRIBED AS FOLLOWS:: BEGINNING AT THE INTERSECTION OF A LINE WHICH IS PARALLEL. WITH THE SOUTHERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 23 CENTER LINE OF CERRITOS STREET AND DISTANT NORTH 220.00 FEET MEASURED AT RIGHT ANGLES FROM SAID SOUTHERLY LINE AND THE EASTERLY LINE OF THE LAND: DESCRIBED IN A DEID TO THE STATE OF CALIFORNIA RECORDED APRII.. 23, 1929 IN BOOK 237 PAGE 462 OF OFFICIAL RECORDS. EASTERLY LINE OF LOS ANGELES STREET, THENCE SOUTH 6°55'00" EAST ALONG SAID EASTERLY LINE A DISTANCE OF 250.99 FEET TO A POINT ON A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 830.00 FEET SAID POINT BEING IN THE NORTHEASTERLY RIGHT. OF WAY LINE OS A 60.00 FOOT STATE HIGHWAY AS DESCRIBED IN A DEED RECORDED JULY 28, 1914 IN BOOK 258 PAGE 66 OF DEEDS RADIAL LINE THROUGH SAID POINT BEARS NORTH 78°17'27" EAST THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6°26'59" AND AN ARC DISTANCE OF 70.92 FEET. TO A POINT IN THE SOUTHERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 23, A RADIAL LINE THROUGH SAID POIIVT BEARS NORTH 84°44'26" EAST THENCE EAST ALONG SAID SOUTHERLY LINE A DISTANCE OF 221.36 FEET THENCE NORTH AND AS RIGHT ANGLES TO SAID SOUTHERLY LINE A DISTANCE OF 220.00 FEET THENCE WEST AND PARALLEL WITH SAID SOUTHERLY LINE A DISTANCE OF 250:00 FEET TO THE POINT OF BEGINNING. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 1, 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 2 - PC2007-116 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 tattoo and piercing parlor is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.010 (Personal Services -Restricted); and 2. That the proposed use would not adversely affect the .adjoining land uses and the growth and development of the area in which it is located because the operation would be contained within the building and other existing tattoo and piercing parlors have adversely affected surrounding areas; and 3. That the traffic generated by the use would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because adequate parking is provided on-site; and 4. That granting this conditional use permit, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim; and 5. That no one indicated their presence at said public heating in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Planning staff has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the Citizens of the City of Anaheim: That subject property shall be developed substan6a]]y 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: 2. That signs advertising subject business shall not displayed outside of the building. 3. 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 - 3 - PC2007-I ] 6 the Anaheim Municipal. Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. - - 4. That extensions for further time to complete conditions of approval maybe granted in , accordance with Section 1.60.170 of the Anaheim Municipal. 5. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of Chis Resolution is expressly predicated upon applicant's compliance with each and al] 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 October 1, 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 Counci] Resolution in the ev t of an app al. t. ~ , ' R ~_- C , ANAHEIM P G COMMISSION ~-w D Yt~ v~-(s~c~ SECRETARY, ANAHEIM PLANNING COMMISSION 4 - PC2oW-116 STATE OF CALIFORNIA } COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 heldon October 1, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, KARAKI, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ~ ~ ~ / IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of (/ci' U /~, 2007. ANAHEIM PLANNING COMMISSION 5 - PC2007-116 Item Na. 9 SMALL IND. FIRMS GP 841 RCL 70-71-47 (22 RCL 70.71-4fi CUP 4124 IND. BLDG. DA2 F w w m SP eL1 0= L70-71-47(22) SP 94-1 RCL 70-71-46 _ m RCL 70-71-47 18 ( ) CUP 2000.04272 § RCL 70-71-06 CUP 2377 ~ U.S.POSTAL SERVICE CALIBER m PROCESSING & OIST. MGTORS CENTER DA2 SP 94-1 RCL 70-71-07 (22) RCL 70-71-06 T-CUP 2661-04390 CUP 2666-04272 CUP 2986 CUP 2377 DA 2 CAR EALERSHI 0 30: SP 94-1 1 ~ SP 94-1 PARKING LOT ~ I RECREATIONAL I FACILITY I DA2 DA 2 SP 94-1 RCL 70-71-47 (9) RCL 70-71-06 T-CUP 2003-04fifi6 CUP 2000-04272 T-CUP 2000-04240 ... CUP 4156 (CUP 3306 ) SF'?<-1 ) ( CUB' .:595 (CUP 2421) CUP 2914 (CUP 2155) ANAHEIM HILLS (CUP 2720) HEALTH PLAZA (CUP 1569) DA2 CANYON COMMERCE CENTER LAND ROVER DA 2 AVENUE LA PALMA 340' SP 94-1 7Da1-07 SP 94-1 RCL 70-71-47 (4) RCL 70-71-46 CUP 2728 UNOCAL DA 2 I ~ :RCL 70-71-47 (2s) "~ ~^'iGULFO& WES ERN ~fl~ 6P eat ~ RCL 70-71-06 ~ T-TPM 2007-00040 ~ ~ T-CUP 2007-05245 ~~,~~ INDD~INC ~s~~ TPM 2005-23(9 _~ ~-T-CUP 2002-04655 f'~-:~c~;~°~~~ RRCL7o-71-404) ~ T-CUP 2002.04562 ~ ~. '1~ zT,~ ~ ~"~" cua zoos°osoa3 ~~ T-CUP 2007.04550 ~ ~,~~ ~"~`~'~~~`=~~ CUP 2987 CUP 2001-043725 cs.,, yJ`.~. y''~zj ,~. e ,, CUP 3726 ~"W3~,.~.''°'-,-he w~°`" CUP 2726 CUP 3506 ^3`~3'~`,~err 6~.$~,-.~`.,, 4`/ IND DA2IAL CUP 3363 CHURCH AND SCHOOL SP 94-1 SP 94-1 RCL 70-71-07 (4) PARKING ANAHEIM RCL 70-71-46 LOT MILLS CORP. CUP 2728 DA2 DA2 PACBELL DA2 T SANTA ANA RIVER BED Requested By: WARE MALCOMB 5410 East La Palma Avenue 5 C H ~~ °z~ J LL 10435 Q.S. No. 178 Tentative Parcel Map No. 2007-137 (Tracking No. SUB2007-00052) Requested By: WARE MALCOMB 5410 East La Palma Avenue Subject Property Date: January 7, 2008 Scale: 1" = 200' Q.S. No. 178 10435 ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE. Aerial Photo: ITEM NO.9 PLANNING COMMISSION AGENIDA REP®RT 200 S. Anaheim 61vd. Suite #162 Anaheim, CA 92605 Tel: (714) 765-5139 Fax: (714) 765-5260 www.anaheim.net City of Anaheim PLANNING DEPARTMENT DATE: '' JANUARY 7, 2008 FROM: PLANNING SERVICES MANAGER SUBJECT: TENTATIVE PARCEL MAP N0 2007-137 ` (TRACKINGNO. SUBTPM 2007-00052) LOCATION: ' 5410 East La Palma Avenue APPLICANT/PROPERTYQWNER: The applicant is Lyle Hutson representing Waze Malcomb Architectsand the'property owner is H. Koch & Sons Co. REQUEST: The applicant requests approval to amend Tentative Pazcel Map No. 2007-137 to establish a 1-lot; 11-unifairspace attached industrial condominium subdivision. RECOMMENDATION: Staff recommends that the Commission take the following actions:. (a) By motion, determine that the previously-approved Negative Declazation serve. as the appropriate environmental documentation. (b) By resolution, approve an amendment to Tentative Pazcel Map No. 2007-137 to establish a 1-lot, 11-unit airspace attached industrial condominium. : subdivision. BACKGROUND: This 4-acre property is developed with an industrial building. If is located within the Northeast Area Specific Plan, Expanded Industrial Area (SP94-1 (DA2)). The General Plan designates this property and properties to the south, east and. west for Low Intensity Office land uses and the property to the north for Industrial land uses. A tentative pazcel map establishing a 1-lot, 6-unit airspace attached industrial condominium subdivision and a conditional use permit to permit an .automotive dealership in an existing industrial building with a front setback that is less titan required by Code was approved on June 11, 2007. PROPOSAL: The applicant proposes to amend the tentative pazcel map to establish a 1-lot, 11-unit airspace attached industrial condominium subdivision. The previously approved tentative parcel map consisted of 6 units, 5 of which were designated for industrial uses and one for the approved automobile dealership. The applicant's request TENTATNE PARCEL MAP N0.2007-137 January 7, 2008 Page 2 of 2 includes a reduction in the size of the automobile dealership and an increase in the number of industrial condominium units from 5 to 10 units. Please refer to the project summary chart attached to the staff report for project details. ANALYSIS: The proposal would decrease the amount of vehicle storage and repair area for the dealership, and replace that azea with industrial condominiums. The proposed change lessens the intensity of the use on this site"as the parking requirements for the industrial condominiums aze less than the pazking requirements for vehicle storage and repair. The apgroved project required 196 pazlang spaces, and provided 225 spaces. The proposed project requires 164 spaces and proposes 225 spaces. Because the proposed change does not increase the demand for pazlcing or increase the operations at the automobile dealership, staff recommends approval of this request. Respectfully submitted, Conc~uxed by, ~~~ ~~~ Principal Planner I 'ng ervices Manager V Ataachments• 1. Project Summary 2. Draft Resolution 3. Prior Planning Commission motion approving Tentative Tract Map No 2007-137 The following attachments were provided to the Planning Commission and are available fof public review at the Planning ServicesDivision at City Hall: 4. Plans 5. Site Photographs 6. Planning Commission Staff Report (June 11, 2007) 7. Planning Commission Minutes (June 11, 2007) ATTAC NT N®. 1 PR®.TY;CT SLJMMAR~' TENTATY~ PARCEY. IViAP hi®. 2007-137 IlYevel® ~-~mt Stamdard~ p ` . ~ ~ Fpb ` ~a~e~ >Prda®~t; '~ SP94-1(YlA2) eons ~ ' ' ..,. ~ra~ mil~ils ,. . Site Area 4 acres N/A Building and Landscape Adjacent to: Feet Feet Setbacks La Palma Ave. 20* 50 minimum Interior property None None lines Building Height Approximately 25 60 maximum Re uirements Pazking 225 spaces 164 spaces required rovided *lteductton off ffront setback approved with CIJP2007-05211. ~nxa>FT~ RESOLUTION NO. PC2008-*** ATTACHMENT NO. 2 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION AMENDING PREVIOUSLY APPROVED TENTATIVE PARCEL MAP NO. 2007-137 (5410 EAST LA PALMA AVENUE) WHEREAS, on June 11, 2007, the Planning Commission approved Tentative Parcel Map No. 2007-137 to establish a 1-lot, 6 unit airspace attached industrial condominium subdivision and Conditional Use Permit No. 2007-05211 to permit an automotive dealership in an existing industrial building with waiver of minimum front yard setback requirements; and WHEREAS, the Anaheim Planning Commission did receive a verified Petition to amend a Tentative Parcel Map to establish a 1-lot, 11 unit airspace attached industrial condominium subdivision for certain real property situated at 5410 East La Palma Avenue in the City of Anaheim; County of Orange, State of California as more particularly described as follows: PARCEL 1: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 62, PAGE 7 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT ALL WATER, CLAIMS OR RIGHTS TO WATER, IN OR UNDER SAID LAND: PARCEL 2: AN EASEMENT FOR INGRESS AND EGRESS OVER THE EAST20.00 FEET OF PARCEL 2, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP FILED IN BOOK 62, PAGE 7 OF PARCEL MAPS, RECORDS OF SAID ORANGE COUNTY. PARCEL 3: AN EASEMENT FOR INGRESS AND EGRESS OVER THAT PORTION OF PARCEL 2 IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP FILED IN BOOK 62, PAGE 7 OF PARCEL MAPS, RECORDS OF SAID ORANGE COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF PARCEL 1, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP FILED IN BOOK 62, PAGE 7 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH 0°03'21" EAST, 528.53 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 0°03'21" EAST, 41.42 FEET; THENCE SOUTH 89°52'31"WEST 41.42 -1- PC2008-*** FEET; THENCE NORTH 44°55'05" EAST, 58.60 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 4 THE PORTION OF LOT 4 OF TRACT NO. 925, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP THEREOF, RECORDED IN BOOK 29, PAGES 42 THRU 44 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, AND THAT PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 24, PAGE 8 OF PARCEL MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: AN EASEMENT FOR INGRESS AND EGRESS PURPOSES OVER A STRIP OF LAND 20.00 FEET WIDE, THE WESTERLY LINE OF SAID STRIP BEING A LINE PARALLEL WITH AND DISTANT WESTERLY 120.00 FEET, AS MEASURED AT RIGHT ANGLES FROM THE EAST LINE OF SAID LOT 4, SAID PARALLEL LINE TO TERMINATE SOUTHERLY IN THE SOUTHERLY LINE OF SAID PARCEL 2; AS SHOWN ON SAID PARCEL MAP; THE NORTHERLY LINE O SAID STRIP BEING THE SOUTHERLY LINE OF LA PALMA AVENUE AS DESCRIBED IN PARCEL NO: 140.01 OF DEED TO THE COUNTY OF ORANGE, RECORDED SEPTEMBER 20, 1967 IN BOOK 8378, PAGE 737 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 7, 2008, 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 tentative parcel map and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and'after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed tentative parcel map, including its design and improvements, is consistent with the Anaheim General Plan :and the Northeast Area Specific Plan 94-1, Development Area 2: 2. That the site is physically suitable for the proposed type of development at the proposed density and therefore would not cause public health or safety problems or environmental damage. 3. That *** indicated their presence at said public hearing in opposition; and that *** letters were received in opposition to the subject petition. -2- PC2008-*** CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal; and did find and determine pursuant to the provisions of the California Envirorm~ental Quality Act ("CEQA"), based upon its °-' independent review and consideration of an Initial Study conducted pursuant to CEQA for the proposal and the requirements of CEQA, including Section 21166 of the California Public`' Resources Code and Section 15162 of the CEQA Guidelines, and the evidence received at the public hearing, that the previously approved Negative Declat~ation approved in connection with Tentative Tract Map No. 2007-137 is adequate to serve as the required environmental documentation for this proposal and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepazed for this tentative tract map. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition to amend Tentative Parcel Map No. 2007-137, upon the following conditions hereby found to be a necessazy 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: COA/ Responsible for MMP Conditions of Approval Monitoring TIMING FItIiIR z'D~~I'PR~1'YAL OFFIIIlAL~f9RCBLItS~iP ~ ~ > „ „ j.. , ' COA 1 A maintenance covenant shall be submitted to the Subdivision Section and PW Dev Svcs approved by the City Attorney's Office. The covenant shall include provisions for maintenance ofprivate facilities, and a maintenance exhibit. The covenant shall City Attorney also include provisions for regulaz landscape maintenance, the removal of trash, debris and graffiti within twenty-four (24) hours after it becomes located on the Pazcel, and the maintenance of reciprocal easements and parking azeas, building exteriors, signage and trash collection facilities. The covenant shall be recorded concunrently with the final map. COA 2 The final map shall be submitted to and approved by the City of Anaheim and the PW Dev Svcs Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder (Subdivision Map Act, Section 66499.40). COA 3 The developer or property owner shall record a use agreement satisfactory to the City Attorney City Attorney's office for all parcels sharing fire protection equipment and associated .appurtenances. COA 4 That the legal property owner shall execute a Subdivision Agreement, in a form PW Dev Svcs .approved by the City Attorney, to complete the required public improvements at the legal property owner's expense. Said agreement shall be submitted to the City Attorney Public Works Department, Engineering Division, Development Services to be approved by the City Attorney and City Engineer and then recorded concurrently with the final parcel map. -3- PC2008-*** COA/ Responsible for MMP Conditions of Approval Monitoring COA 5 ~ All pazcels shall be assigned street addresses by the Building Division. COA 6 Abandonment of easements in conflict with proposed buildings is required prior to PW -Dev Svcs issuance of a building permit.. COA 7 That prior to the eazlier of either the conveyance of the first industrial airspace attached condominium unit ("Units") or the issuance of the temporary or permanent "Certificate of Occupancy" for the first unit approved in connection with Pazcel Map 2007-137, applicant shall execute and record with the Orange County Recorder a declazation of covenants, conditions and restrictions ("CC&Rs") satisfactory to the California Deparhnent of Real Estate creating maintenance obligations, including compliance with the approved Water Quality Management Plan, and to establish a financial mechanism or financial mechanisms to maintain all of the building exteriors and improvements located on the property except for (i) the Units which aze owned by the individual owners and (ii) any exclusive use easements or other azeas designated for maintenance by the. individual owner of the Unit as specified in the CC&Rs. PW -Dev Svcs 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 declazed 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 chazges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the approval of the final map for this project, whichever occurs first. Failure to pay all chazges shall result in delays in the approval of the final map or the revocation of the approval of this application. --4- PC2008-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 7, ?008. 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, Grace Medina, 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 January 7, 2008, 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 X00$. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -5- PC2008-*** ATTACHMENT N0.3 Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of June 11, 2007. Sa. CEQA NEGATIVE DECLARATION 5b. WAIVER OF CODE REQUIREMENT 5c. CONDITIONAL USE PERMIT NO. 2007-05211 Sd. TENTATIVE PARCEL MAP NO. 2007.137 OWNER: AK3 Anaheim Hills, LLC 2441 S. Pullman Street Santa Ana, CA 92705 AGENT: Ware Malcomb 10 Edelman Irvine. CA 92618 LOCATION: 5410 East La Palma Avenue Tentative Parcel Mao No. 2007-137 - to establish a 1-lot, 6-unit' industrial condominium subdivision. ' Advertised as 10-unit. Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission has reviewed the proposal to establish a 1-lot, 6-unit industrial condominium subdivision and does hereby approve the Negative Declaration. Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission does hereby determine that the proposed tentative map, including its design and improvements, is consistent with the Anaheim General Plan, and does therefore approve Tentative Parcel Map No. 2007-137, to establish a 1-lot, 6- unit industrial condominium subdivision subject to the following conditions: 1. That prior to final map approval, a maintenance covenant shall be submitted to the Subdivision Section and approved by the City Attorney's Office. The covenant shall include provisions for maintenance of private facilities, and a maintenance exhibit. The covenant shall also include provisions for regular landscape maintenance, the removal of trash, debris and graffiti within twenty-four (24) hours after it becomes located on the Parcel, and the maintenance of reciprocal easements and parking areas, building exteriors, signage and trash collection facilities. The covenant shall be recorded concurrently with the final map. 2. That prior to final map approval, the final map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder (Subdivision Map Act, Section 66499.40). Excerpt Subtpm No. 3. That prior to final map approval, the developer or property owner shall record a use agreement satisfactory to the City Attorney's office for all parcels sharing fire protection equipment and associated appurtenances. 4. That the legal property owner shall execute a Subdivision Agreement, in a form approved by the City Attorney, to complete the required public improvements at the legal property owner's expense. Said agreement shall be submitted to the Public Works Department, Engineering Division, Development Services to be approved by the City Attorney and City Engineer and then recorded concurrently with the final parcel map. 5. That prior to final map approval, all parcels shall be assigned street addresses by the Building Division. 6. That abandonment of easements in conflict with proposed buildings is required prior to issuance of a building permit. 7. That prior to the earlier of either the conveyance of the first industrial airspace attached condominium unit ("Units") or the issuance of the temporary or permanent "Certificate of Occupanc)r' for the first unit approved in connection with Parcel Map 2007-137, applicant shall execute and record with the Orange County Recorder a declaration of covenants, conditions and restrictions ("CC&Rs") satisfactory to the California Department of Real Estate creating maintenance obligations, including compliance with the approved Water Quality Management Plan, and to establish a financia(mechanism or financial mechanisms to maintain all of the building exteriors and improvements located on the property except for (i) the Units which are owned by the individual owners and (ii} any exclusive use easements or other areas designated for maintenance by the individual owner of the Unit as specified in the CC&Rs. 8. 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. TPM2007-137_Excerpt Excerpt Subtpm No. Item No. 10 ~ i i I I i ORANGETHROPE WAY I I A~ ~ ~ INDUSTRIAL CENTER I I p g i i 34 IND UNITS a ~ DURST STREET ~ cep ~~, x~ ~ ;, , ' .~ ~<~ , A ~ f a~` r a z~ s s ~ s ~ a~ + 7 x..--> ?., "'{ C G ` :> t ( ;, y y;. s ~y z < --?. ~- g r w~, s x < RCL 9B 06-10 ~ ,~ s yr . D 2 m -~" s' k "z~,x a. k re s y sy ~~F ~ ~~.f s RCL 6687-14 ~ ,~ ~ Z VACANT h ~' g " ice- " ,~ 's` s v s ": ,., `~ vrt `,~ 'way; RCL 53-543 '~ '~: `~` 1 Q v;~ "~ ''' „:`Sr% :.„v' ~ "'v.F.r .~> ~" nv" .: .r, T-0UP 2007-05276 ~.^ ~ [. "' }, Z n?y 1,. ~y~~x: x~ ' ~1 r ~ ,r -: s. p'_ `v~ f'~,,r` s':.~. y ~a „- "~ ~',_~ i 1 Q r 3 "~`~vaws.:,„. y?"~,T r ~ r zy~- ,o e'u s `'te .r~T r~»ai T-CUP 2006-05143 ~ ~~ ~~ ~' ~s ~ i% ,:~''~ -r .., r^ T .c-s `~'.~" ,~~.r'.~ t"3' ~U CUP 2001-04458 x~ a r.-z"s"`' ~ y' 0 y~~ -3c„~n~,~s.,."" ~.xwF rr /~s^ ~~~~~.? ~,ya,~S~'~'-`vc~~,~.~,., ~~ T-CUP 2001-04403 v`~y`'`i3~ ~~~'~'~»''-'~. e .~ f' r ~p~~~~.. ~°'rr~a~~'~-rw "y° ~Sr, T-CUP 2001-04357 a 'vi'a :2'"--o,tx p tea'. ," ~- v -%''.~ ~ ai' `y^ a" ~' -~^ as3~%' :.. ~a -x"~. ~ o, ~- i ~ ~ s~ ~.;sr "~,;;~ +f ,-' ,., '" x`" T•CUP 2001-04343 x` ~- na ~~'`s,~~%~~~'~~'~'~ ~ s '~`'e,~f~ `~' ~~ CUP 4171 ~ ~ ~ B ~~y~.,iMCDONALDS ;t",,..-°~ ~-.,~,.,'~~~- °.~,'~ CUP 3984 ' -~~ ~a'3$%r~~ '.,y; 6 ~`.~~~ ``-s.? rr ,,. ~~ :,~-~`~~~~~ ?.rz`~~s u" is .. `,a y~ CUP 3344 ~~~'~ `,"o `` Pxg s ~a CUP 1414 ~r '~t~,.,v^-'~~ x ~ -- VAR 2001-04456 ~ 3-' ~"`~''~~ B s="~~ ~s ~ .y,,y #`" , u~~~~ '"~~"' xG VAR 4782 ~.~-~a''=..`~ '`'`~` s~~' ~v u ~ ~ v$~' v ~ " '~ ,~ SCW 2003-00022 `~ €`;~.~'' 9 ~~a ~~~ ~~~c~~` ~~a "~'~~ ~~ ' SCW 2002 00021 `" ,~"~ ~, , ,,~~ .gs.3 ~, ~~a~>yvv' :"~`:,,'~'u~ LOWESHOME '~.x "~~~~~. 9 r v'`"`t ~x ,.' '`'`~,.' /'`r^x%"t'~`" ~. IMPROVEMENT ~..,a~' s~s3' 9 r~~24 HOUR FITNES6 ~ ~v:.~_sy~~;,~, ~~,,~ WAREHOUSE y ~,~~ ~ 3~ a~~~ ~ ~~ `~~-sue x, ~~ y ~ o m ~ n < ~.a'as '"'7~': y ~^„`~~.'~'^`~~~ ~~`s°` "'~'s`~xa.`n~, `i``~'~~`Nax„ -.tea; Z N~NP~1 P 4 0 Y -'/4 ~~ ~ .#+y~~ ~ ~yh~~E~~~ Y A V, YO Q C ~ ~jvm~~~oc?q ~~~~ '~~e ., TCUP 200705276 ,,r ~,~ , W ~ 7Jm~'~N °.a °O ~ fix'~vfv ~y"' 'r CUP 4171 ,~v~~~~°''s~,~D'' ,y'~'''~~ -~ ~ UUJ J a~NN ~ '~'~ `='~ ILA CU ACf~D r ~'.z't`" WUa a v ~'~ u s '``~' ,~ sue' ~.'~.~~3~~x~tS~,~s"`~-' ~..'~' y''y'~~~ ~~~rv ° i~ ( h ~£M1 ~iX~yyc~f aYM~f~'~u r`6 RC 'I RIVERSIDE FREEWgy ROLL 82 63"30 PARKING LOT CUP 2002-04566 I I ~ /~ VAR 1946-24 CUP 2002-04566 CUP 4136 ROBERTSON'S ~ W //J \\\ KINSBURSKY INC BATTERY RECYCLING CUP 2069 READY-MIX, INC. I a ~ ./V FACILnY I I ~ Conditional Use Permit No. 4171 Subject Property Tracking No. CUP2007-05276 Date: January 7, 2008 Scale: 1" = 215' Requested By: DYNAMIC BUILDERS Q.S. No. 69 1520 North Lemon Street 10433 Aerial Photo: JuN 2006 Conditional Use Permit No. 4171 Tracking No. CUP2007-05276 Requested By: DYNAMIC BUILDERS Subject Property Date: January 7, 2008 Scale: 1" = 215' Q.S. No. 69 1520 North Lemon Street 10433 ITEM 1V0.10 PLANNING COMMISSION AGENDA REPORT City of Anaheim - PLANNING DEPARTMENT DATE: JANUARY 7, 2008 FROM: PLANNING SERVICES MANAGER SUBJECT: CONDITIONAL USE PERMIT NO.4171 (TRACKING NO. CUP2007-05276) LOCATION:'-1520 North Lemon Street APPLICANT/PROPERTY OWNER• The applicant is Thomas Sema representing' Dynamic Builders and the property owner is California Drive-In Theaters. REQUEST: The applicant requests approval to .amend a conditional use permit to permit a car audio installation center in an existing retail business. RECOMMENDATION: Staff recommends that the Commission take the following actions:::, (a) By motion, determine that the previously-approved EIR No. 323 serve as the appropriate environmental documentation. (b) By resolution, approve an amendment to Conditional Use Permit No. 4171 to permit a car audio installation center in an existing retail business. BACKGROUND: This 27-acre property is developed with Lowe's Home Improvement store, La Curacao home furnishings and electronics store, 24 Hour Fitness and a McDonald's restaurant. It is located within the General Commercial (GG) zone. The General Plan designates this property and properties to the north for Regional Commercial land uses. Properties to the east and north aze also designated forTndustrial land uses. Properties to the west aze within the City of Fullerton and`to the south is the SR-91 Freeway. A conditional use pertrtit was approved in 2000 to construct a commercial retail center of regional significance, including a home improvement store, health club, three drive- through fast food restaurants, and two full-service restaurants with associated waivers. In September, 2001, an amendment to this conditional use permit was approved to modify exhibits for restaurantand retail business locations. In January, 2007, a determination of substantial conformance was approved to construct a home famishing and electronic retail store (La Curacao). zoo s. Anaheim aroa. PROPOSAL; The a ltcant ro oses to amend the conditional use permit to permit a suite#tsz PP ~ P p Anaheim, cA 92eos caz audio installation center at the existing retail business. The caz audio installation Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT N0.4171 January 7, 2008 Page 2 of 2 center would consist of one vehicle bay at the rear of the building.. No installation work is proposed outside and all work would be conducted wholly within the building. The hours of operation would be the same as the retail store. Conditions memorializing the location and time of operation aze included in the attached resolution, ANALYSIS: The applicant is proposing one service bay which limits the installation to one caz at a time. Caz audio sales aze a small componentbf the retail sales`at La Curacao; therefore, staff believes that one vehicle bay. will be sufficient. The proposed location of the caz audio`.. installation center is at the reaz of the building. The adjacent property to the east is industrially zoned and developed with a wazehouse. The property to the south is the Riverside Freeway and to the north is Lowe's Home Improvement. Staff believes that due to the nature of the surrounding properties, this is a suitable location for caz audio installation. Therefore, staff recommends approval of the proposed car audio installaion center. Respectfully submitted, Con rred by, Principal Planner ~ng Se es Manager Attachments• U 1. Project Summary 2 Draft Resolution 3. Prior Resolution The following attachments were provided to the Planning Commission and aze available for public review at the Planning Services Division at City Hall: 4.' Site Photographs 5:` Site flan 6. Planning Commission Staff Reporf (September 24, 2001) 7:` Planning Commission Minutes (September 24, 2001) A'i'TACHIVIEPT'1' PIO. 1 PR®JEC'Y' SUMI\'IAItI' C~ 4171 (CiJI'2007-05276) 1De~elo diem Standard ;-1'ro `osed~'ro ect , ;" ` ; ' iC ~zoue standards "a;. Site Area 27 acres N/A Building Setbacks Adiacent to: Feet Feet 91 Freeway 80 10 minimum Interior property 0 to 115 None lines Landscape Setbacks Adiacent to: Feet Feet 91 Freeway 10 10 minimum Interior property 0 to 10 None lines Building Height Approximately 47 75 maximum Re uirements (DRAFT] ATTACHMENT NO. 2 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION AMENDING CONDITIONAL USE PERMIT NO. 4171 (TRACKING NO. CUP2007-05276), AND AMENDING CONDITIONS OF APPROVAL OF RESOLUTION NO. PC200I-142, ADOPTED THEREWITH (1520 NORTH LEMON STREET) WHEREAS, on August 8, 2000, Resolution No. 2000R-166 was adopted by the Anaheim City Council to grant Conditional Use Pennit No. 4171 and permit construction of a 281,133 square foot commercial retail center of regional significance, including a home improvement store, health club, three drive-through fast food restaurants, two full-serve restaurants, amulti-tenant pad building, and afreeway-oriented freestanding sign, and with waiver of minimum number of parking spaces on 26.3 acres of property located at 1500 North Lemon Street; and WHEREAS, on March 12, 2001, the Planning Commission approved a Phase One landscape plan for peananent landscaping on a portion of the site; and that on August 7, 2001, the Commission approved a Phase One sign program for construction of five freestanding signs, wall signage for the home improvement store, and conceptual wall signage for the remaining major tenants and pad buildings; and WHEREAS, on September 24, 2001, the Planning Commission approved an amendment to Conditional Use Permit No. 4171 to modify the exhibits to include one 3,699 square foot drive-through fast food restaurant, a 36,000 square Foot health club, and a 244,321 square foot retail building with three additional tenant spaces and approved Resolution No. PC2001-142 amending Resolution No. 2000R-166, in its entirety; and, WHEREAS, on January 8, 2007, the Planning Commission approved a request for determination of substantial conformance for Conditional Use Permit No. 4171 with previously- approved exhibits and review final landscape plans for a previously approved commercial retail center; and, WHEREAS, this property is currently developed with a home improvement store, health club, home and electronic retail business and afast-fcod restaurant, the underlying zoning is C-G (General Commercial) and the Anaheim General Plan designates this property For. General Commercial land uses; and. WHEREAS, the .applicant has requested amendment of this conditional use permit to permit a car audio installation center in conjunction within an existing retail business pursuant to Code Section 18.60 of the Anaheim Municipal Code; and. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 7, 2008, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said -1- PC2008=*** proposed amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and afer due consideration of all evidence and reports offeredat aid hearing, does find and determine the following facts: 1. That the proposed amendment of this permit to permit a car audio installation center within an existing retail business is properly one for which a conditional use permit is authorized under Code Section 18.08.030.040.0402 (Automotive Repair and Modification) and Section 18.60.190 (Amendment of Permit Approval) of the Anaheim Municipal Cade. 2. That the proposal, as conditioned, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located because the use permit has operated in substantially the same manner as originally approved by the Planning Commission. 3. That the facts necessary to support each and every required showing for the original approval of the entitlement exist. 4. That the traffic generated by the use has not imposed an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That granting this amendment, under the conditions imposed, will not be detrimental to the peace, health and safety of the citizens of the City of Anaheim. 6. That *** indicated their presence at the public hearing in opposition; and that *** correspondence was received in opposition to the subject request. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal and does hereby find that EIR No. 323 previously approved in connection with Conditional Use Permit No. 4171 is adequate to serve as the required environmental documentation in connection with this request. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby amend Conditional Use Permit No. 4171 to permit a new car audio installation center in conjunction with an existing 281,133 square foot commercial retail center of regional significance, including a home improvement store, health club, three drive-through fast food restaurants, two full-.serve restaurants, amulti-tenant pad building, and afreeway-oriented freestanding sign. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does herby amend the conditions of approval of Resolution No. PC2001-142, pertaining to Conditional Use Permit No. 4171 to include the following: -2- PC2008-*** C®~`' Condations of Approval )Etesponsible for Monitoring =- - ~ ~.. All activity relating to caz audio and video installation shall COA 1 occur only within the approved installation room as noted on the Planning approved exhibits. No activity shall be conducted outside the building including work on vehicles, staging or stacking of cazs waiting for service or to be picked up. Any vehicle that is scheduled for service or has had service completed shall be pazked in the pazking lot. COA 2 The hours of operation shall not extend beyond the hours of the retail store. No service shall be performed on vehicles before or Planning after the retail store business hours. No canopies or tents of any kind aze permitted outside the COA 3 building, Planning Subject property shall be developed and maintained substantially in accordance with plans and specifications COA 4 submitted to the City of Anaheim by the petitioner and which Planning plans are on file with the Planning Department mazked Exhibit No. 1 and Exhibit Nos. 2 and 3; and as condifioned herein. 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 COA 5 the original intent and purpose of the condition(s), (ii) the Planning modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress towazd establishment of the use or approved development.. That extensions for further time to complete conditions of COA 6 approval maybe granted in accordance with Section 18.60.170 Planning of the Anaheim Municipal Code. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the COA 7 Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include Planning any action or findings as to compliance or approval of the request regazding any other applicable ordinance, regulation or requirement. -3- PC2008-*** 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. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 7, 2008. 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 maybe replaced by a City Council Resolution in the event of an .appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 January 7, 2008, 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 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION _4_ PC2008-*** ATTACHMENT NO. 3 RESOLUTION NO. PC2001-142 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING RESOLUTION NO: 2000R-166, ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT N0.4171 WHEREAS, on August 8, 2000, Resolution No. 2DOOR-166 was adopted by the Anaheim City Council to grant Conditional Use Permit No. 4171 and permit constructon of a 281,133. sq.ft. commercial retail centerof regional significance, including a home improvement store, health club, three drive-through fast food restaurants, two full-service restaurants, amulti-tenant pad building, and a freeway-oriented freestanding sign, and with waiver of minimum number of parking spaces on 26.3 acres of property located at 1500 North Lemon Street and WHEREAS, on March 12, 2001, the Planning Commission apprbved a Phase One landscape plan for permanent landscaping on a portion of the site; and that on August 7, 2001, the Commission approved a Phase One sign program for construction of five freestanding signs, wall signage for the home improvement store, and conceptual wall signage for the remaining major tenants and pad buildings; and WHEREAS, the first development phase of this regional shopping center, a home improvement store, is completed; that the ptoperty is zoned CL (Commercial Limited) and is located within the Commercial/Industrial (North Central Area) Redevelopment Project Area; and that the Land Use Element the Anaheim General Plan designates this property for General Commercial land uses; and WHEREAS, the petitioner has requested modification of approved exhibits foctFie previously-approved commercial retail center, and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 24, 2001, at 1:30 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 18.03, to hear and consider evidence far and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and , WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts:. 1. That the petitioner requests an amendment to this conditional use permit under authority of the Anaheim Municipal Code to modify the exhibits for this previously-approved regional commercial retail center, and that the modificetioris include one 3,699 sq.ft. drive-through fast food restaurant (Pad A), a 36,000 sq.ft. health club (Major E), and a 244,321 sq.ft. retail building at the east end of the property anchored by the new home improvement warehouse retail store (Major A) with three additional tenant spaces (Majors B, C and D). 2. That the proposed modifications will improve the mix of Land uses on the property and will reduce the number ofdrive-through lanes visible to Lemon Street while adhering to the originally approved vision for this center 3. That as conditioned herein, the size and shape of the suhject site will be adequate to allow the full development of the proposed uses and structures, as modified, in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare of the citizens of Anaheim. (Tracking No. CUP2001-04444) GR5199PK.doC -1- PC2001-142 4. That, as conditioned herein., the traffic generated by the proposed uses, as modified, will not impose an undue burdeh upoh the streets and highways designed and improved to carry the traffic in the area 5. That three people spoke at the public hearing with concerns regarding truck traffic circulation; that no one indicated their presence in opposition; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to modify exhibits for commercial retail center of regional significance on an irregularly-shaped 26.3-acre property located at the southeast comer of Durst Street and Lemon Street, with frontages of 1,280 feet on the south side of Durst Street and 850 feet on the east side of Lemon Street, and further described as 1500 North Lemon SVeet (Anaheim Gateway); and does hereby determine that the previously-certified Environmental Impact Report No. 323 is adequate to serve as the required environmental documentation. NOW, THEREFORE, BE IT RESOLVED ihat the Anaheim City Planning Commission does hereby amehd Resolution No. 2000R-166, adopted in connection with Conditional Use Permit No. 2715, to approve the modified exhibits focthe previously-approved commercial retail center of regional significance; BE IT FURTHER RESOLVED, that the Planning Commission does hereby amend the conditions of approval adopted in connection with Resolution No. 200DR-166, in their entirety, to read as follows: 1. That a Phase Two (final) Sign Program shall be submitted specifying wall sign locations, matedals, colors, wording and logos for Pad Building Nos. B and C, and for Major Tenants B, C and D, including the specific wording and location of all directional and guide signs. The Phase Two Sign.Program shall be submitted to the Zoning Division for Planning Commission review and approvatas a "Reports and Recommendations" Item. 2. That the adver8sing for any single tenant shall not appearon more than one (1) freestanding sign with the exception of the freeway oriented sign. 3. That the banners on the eight (8) decorative monument structures shall not be used for advertising. 4. That the advertising of any single tenant shall not appear ort both the freeway-orented sign and south elevation of the Major D tenant building. 5. That Phase Two (finap landscape plansspecifyinglhe provision for fully-improved permanent planting on the CalTrans parcel at the southwest comer of the property, around the building pad and ' parking lot south of the towe's building, on the restaurant pads adjacent to Lemon Sfreet; and on the pad at the southeast corner of Durst Street and Lemon Street, shall be submitted to the Zoning Division for Planning Commission review and approval as a "Reports and Recommendations" item. 6. That the developer shall be responsible for compliance with all mitigation measures within assigned time frames and any direct costs associated with the attached Mitgation Monitoring Plan Nd. 113, as adopted by the City of Anaheim and as required by Section 21081.6 of the PublicResources Coder 7. That a conditional use pennft shall be obtained for any proposed outdoor seating or alcohol sales In conjunction with the restaurant uses. 8. That irrigated landscaping coverage, including turf, hydroseeding, or groundcover, shall be provided on the undeveloped portion of this properly at the southeast comer of Durst Street and Lemon Street, until such time as development commences on that undeveloped portion. ' -2- PC2001-142 9. That this development sfiall be limited to a maximum of eight (8) tenant spaces. The subdivision of any retail space and/or the development of the vacant parcel at the southeast comer of Durst Street and Lemon Street shall only be permitted by the application for, and approval of, a conditional use permit by the Planning Commission. 10. That a landscaped earthen berm and/or a row of hedges shall be incorporated into the entire length of the setback adjacent to lemon Street with the exception ofingress/egress areas.. Furtfier, dense landscaping shall be provided adjacent to Lemon Street to adequately screen the drive-through lanes Where possible, existing mature landscaping shall be preserved. Said information shall be specifically shown on the plans submitted for building permits. 11. That final site, floor, and elevation plans for the two (2) freestanding full-service restaurants shall be submitted to the Zoning Division far Planning Commission review and approval as a "Reports and Recommendations° item. 12. That all roof-mounted equipment shall be visually screened from the public rights-of--way and surrounding properties in compliance with Section 18.44.030.120 of the Anaheim Municipal Code. Said information shall be specifically shown on the plans submitted for building permits. 13. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses 14. That if public telephone service is installed, the telephones shall only be installed inside the restaurants or recall buildings. 15. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 16. That the existing mature trees in the planter along lemon Streek frontage shall be retained where possible. Said information shall be specifically shown on the plans submitted for building permits. 17. That no exterior vending machines shall be permitted within the view of the public rights-of-way: 16. That the landscaping planters shall be permanently maintained with live and healthy plants. 19. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on the plans submitted for building permits. Said plans shall also identify the specific screening treatment of each device (i.e., landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to review and approval by the appropriate city departments. 20. 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 21. That an on-site trash truck cum-around area shall be provided in accordance with Engineenng Standard Detail No. 610 and maintained to the satisfaction of the Sheets and Sanitation Division. Said tum-around area shall be specifically shown on the plans submitted for building permits: 22. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with Engineenng Standard No. 137 pertaining to sight distance visibility for the sign orwall/fence locations 23. That all drive-through lanes shall be reviewed and approved by the City Traffic and Transportation Manages -3- PC2001-142 24. That the owner shall comply with City df Anaheim Ordinance No. 5209 and Resolution No. 91 R-89 relating to the Transportation Demand Management (TDM) strategies byjoining and participating fn the Anaheim Transportation Network and developing a TDM program consistent with the demographics of the labor force. 25. That a plan shall be submitted to the City Traffic and Trensportation Manager for review and approval showing the loading space for trucks in conformance with Code Section 18.06.060. 26. That plans shall be submitted to the City Traffic and Transportation Manager for review and .approval showing conformance with the current versions of Engineering Standard Pian Nos. 436, 601 and 6D2 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 27. That gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic in the adjacent public streets. Installation of any gates shall conform to Engineering Standard Plan No. 609 and shall be subject to review and approval by the City Traffic and Transportation Manager.. 28 That three (3) foothigh street address numbers shall be displayed on the flat area of the building roofs in a contrasting.color to the roofmaterial; provided that the numbers shall not be visible to the adjacent streets or properties. Said information shall be specifically shown on the plans submitted for building permits. 29. That prior to the commencing operation of these businesses, valid business licenses shall be obtained from the Business License Division of the City of Anaheim Finance Department:.. 30. That Vash storage areas shall be provided and maintained in locations acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The wails of the storage areas shall be protected from graffiti opportunities by the use of plant matedals such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers, or tall shrubbery. Said information shall be specificalty shown on the plans submitted for building permits. 31. That the parking lot serving the premises shall be equipped with decorative lighting of sufficient power (recommended minimum of two [2] foot-candles) to illuminate and make easily discernible. the appearance and conduct of all persons on or about the parking lot Said lighting shall be directed,. positioned and shielded in such a manner so as not to unreasonably illuminate adjacent properties, and that said lighting information shall be specified on the plans submitted for building permits. 32. That all plumbing or other similar pipes and fudures located on the exterior of the buildings shall be fully screened by architectural devices and/or appropriate building matedals; and that such information shall be specifically shown on the plans submitted for building permits.. 33. That window signage shall not be permitted. 34. That the subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Revision No. 1 of Exhibit Nos. 1 through 9, Final Plan Nos. 1 through 5 (Phase One Landscape Plans), Final Pian Nos. 6 through 18 (Phase One Freestanding and Lowe's Building Signage Program), Final Plan Nos. 19 through 25 (Fast Food Drive-Through Restaurant Pad Building Sign Program), and Final Plan Nos. 26 through 33 (Health Club Pad Building Sign Program), and as conditioned herein. -4- PC2D01-142 35. That prior to the issuance of a building permit or within a period of one (i) year from the date of this resolution, whichever occurs first, Conditidn Nos. 1, 5, B, 10, 11, 12, 16, t9, 20, 21, 22, 23, 24, 25, 26, 28, 30, 31 and 32, above-mentioned, shall be complied with. 36. That prior to final building and zoning inspections, Condition Nos. 2, 4 and 34, above-mentioned; - shall be complied with. 37. 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 38. That within a period of one (1) month from the date of this resolution, irrigated landscaping coverage, including turt, hydroseeding, or groundcover, shall be provided on the undeveloped portions of this property at the south end of the home improvement store and on the vacant parcels adjacent to the Lemon Street frontage. 39. That within a period of one (1) month from the date of this resolution, a paved driveway shall be provided at the south end of the home improvement store to allow for truck and vehicular access. BE IT FURTHER RESOLVED that the Anaheim City 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 unenforoeable by the final judgment of any count of competentjurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. ' THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 24, 2001. fOriRinal signed hys- Va~.ta~r,tt«t ATTEST: CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION (Original signed by Eleanor Fernandes) SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on September 24, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: EASTMAN IN WITNESS WHEREOF, 1 have hereunto set my hand this day of _, 2001. IOriglnal signed by Eleancr Fernandes) SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC2001-142 Item No. 11 ° ~ RM-4 RCL 63-6A-103 ~ RCL 84-85-09 = ~ ® CUP 3257 Q CUP 765 cJ [n VAR 3318 ~ CUP 37 I~i ~ VAR 1648 W aci e3-ea-is VAR 3889 5 ~ ~ LUP 2531 VAR 3426 ° ~ ° COMFORT INN CUP 376 HACIENDA INN 0 MAINGATE ~ VAR 3823 ssurtes HARBOR CLIFF D O VAR 925 APARTMENTS p RCL 63-64163 m INSURANCE CO. CL 6P51-0 130 UNITS GUP 2000-04291 7g VAR ine VAR 1648 ~ VAR 1a VAR 549 IL CAPO Q VAR 540 ARTMEN ° R18TORANTE m ELORI6 4 UNITS ° = The Anaheim ResortT!"Boundary W~LKEN WAY RCL 80-6'1-45 GO RENT A VAN r, J ~ RCL 59-60-26 I I ----J ~ RCL 64-65-125 CUP 2069 RCL 58-60-26 f----- ~. VAR 1648 a CUALITY INN CUP 26fi9 I- {-'--~ ~ , ~ j I AR 9665 N MAINGATE AUTOMOTIVE I rJ I I i ° DENTIST RCLSB-so-2e REPAIR SHOPS I I I I j l 1 1 ~~ ® CUP 2835 ~ I" J L'-i I~~-r i ~~ 6 ' JACK IN THE BOX I L_ r I----, -~ = r----~ ~_ ~ ~ ~~~ ~~~~~%~ SP92-2~~ar"-~„r~ %'* I I RCL 59-60.28 1 ~ 0 ° '~ ~• Y ~~~ ,~ ~'~ I I RCL 88-89-55 I ~ m 4~'fTM 2007-1721"-~~a ~~. ~ r I RCL 79.8D-21 I ~~~~" TPM 2007 163 ~'`r~~ I 1 CUP 3188 I I .E ' ~ ~' ~~GPA 2007-00462 ~ a I I I YUCOA AVE ~ e ~~~~~` ~~.£'a 7RCL 2007-00210 r~~ ~ ul I VAR 4895 I I O N ~x ~ RCL 59-60 28 s~~"'r Stt,~f I I I I ~- I-___ CONDOMINIUMS C E' m J UP 2007-05242 s~3VACANT : -' I I I I v ° " ,?,.z ~ 5 ~ VAR 3687 yrs.; ~`,,~-~, I ~ 106 DU I I t,. ~ AG 2007 00004 `~""~ ~x n V ~-~ ~---_-J ~ a` E ~~' N,> FSP 2007 00010 ~~ r ~ ~ ~~ _ __ F ~~y '~ .y'a ~,'"~- ~~m~ x~ I -I ~ ~ ~ I 1-- ~ ° 547' ~ 6 ~ RCL59-60-115 O CUP 1967. ~ 8 e v VAR.1764 m G ~ ~ STANDARD e m° PARKING O 8 ~ o MIRA CT ~ y 9 ~ C RM-2 ° E RCL 78-79-26 ?~ v RCL 59-60-115 VAR 3391 E ~ ~ CUP 1967 VAR 3071 [[[ VAR 1764 VAR 3039 [ CONDOMINIUMS Ilj- ¢` 95 DU ° SMALL SHOPS C ° RCL 59-60-115 9 ~ CUP 1967 ° General Plan Amendment No. 2007-00462 Reclassification No. 2007-00210 ~~ Subject Property Specific Plan Zone No. 2007-00049 Date: January 7, 2008 Conditional Use Permit No. 2007-05242 Scale: 1" = 200' Development Agreement No. 2007-00004 Q.S. No. 89 Final Site Plan No. 2007-00010 Requested By: WEST MILLENIUM HOMES Tentative Parcel Map No. 2007-163 Tenative Tract Map No. 17219 2230 South Harbor Boulevard 1oa3B Aerial Photo: General Plan Amendment No. 2007-00462 Reclassification No. 20p7-00210 Specific Plan Zone No. 2007-00049 Conditional llse Permit Mo. 2007-05242 Development Agreement No. 2007-00004 Final Site Plan No. 2007-00010 Tentative Parcel Map No. 2007-163 Tenative Tract Map No. 17219 Subject Property Date: January 7, 2008 Scale: 1" = 200' Q.S. No. 89 Requested By: WEST MILLENIUM HOMES 2230 South Harbor Boulevard 10430 ITEM 1V0. 11 PLANNING COMMISSION AGENDA REPORT 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net .City of Anaheim PLANNING DEPARTMENT DATE: JANUARY 7,.2008 FROM: PLANNING DIRECTOR SUBJECT: MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING. PLAN NO. 154* GENERAL PLAN AMENDMENT N0.2007-00462 RECLASSIFICATION NO.2007-00210. SPECIFIC PLAN AMENDMENT NO.2007-00049 CONDITIONAL USE. PERMIT NO.2006-05242 WITH WAIVER OF A CODE REQUIREMENT' DEVELOPMENT AGREEMENT NO: NO.2007-00004 FINAL SITE PLAN N0.2007-00010 TENTATIVE PARCEL MAP N0.2007-16 TENTATIVE TRACT MAP N0: 17219 * Advertised as Mitigation Monitoring Plan No. 149 LOCATION: 2232 South Harbor Boulevazd APPLICANT/PROPERTYQWNER: 'The applicant is Millenium Renaissance Harbor, LLC, and the property owner is P.A. Poon and Son, Inc. REQUEST: The applicant proposes to develop a mixed use project'consisting of a 102-roomhotel with 14714'squaze feet of accessory commercial uses on the western 1.5-acre portion of the project site adjacent to Hazbor Boulevazd, and'a 191-unit, 3 to'` 5 story condominium complex, including nine live/work units, on the eastern 3.3- acre portion of the project site. RECOMMENDATION: 'Staff recommends that the Commission take the following'actions: (a)' By motion, approve a Mitigated NegativeDeclazation and Mitigation - 'Monitoring Program No: 154. (b) By resolution, recommend that the City Council approve General Plan Amendment No! 2007-00462. (c) ByPesolution approvelieclassification No: 2007-00210. (d)' By resolution, recommend'that the City Council approve Specific Plan Amendment No. 2007-00049. (e)' By7esolution approve Conditional Use Permit No. 2006-05242 with a waiver of the code to allow the 191-unit condominium complex to have no lot frontage' adjacent to a public street. GENERAL PLAN AMENDMENT NO. 2007-00462 January 7,2008° Page 2 of 6 (f) Bymotion, continue consideration of Development Agreement No. 2007-00004 to the February 4, 2008, Planning Commission meeting based upon staff's determination that the Agreement is not ready for Planning Commission review and consideration. , (g) By resolution, approve Final Site Plan Review No. 2007-00010. (h) By resolution, approve Tentative Parcel Map No. 2007-163. (i) By resolution, approve Tentative Tract Map No. 17219. (j) By motion, request City Council review of the Commission's decisions on Items (c), (e), (g), (h) and (i)• , BACKGROUND: The 4.8-acre subject property is currently developed with a vacant building formerly occupied with a Toys. R Us retail store. The property is located in the Anaheim Resort Specific Plan (ARSP). The General Plan designates this property and. properties to the north and southwest for Commercial Recreation ]and uses and properties to the east and southeast for Low Medium Density Residential land uses.: A condominium complex and bank building are located to the south of the property. A condominium complex is located east of the property and a fast food restaurant and retail building are located to the north. PROPOSAL: The applicant proposes to demolish the existing vacant building and develop a mixed use project with a 102-room hotel on the western 1.5-acre portion of the property adjacenk to Aazbor Boulevazd and a 191-unit condominium complex, to include live/work units,'on the eastern 3.3-acre portion of the property. The hotel will include a 2 level underground pazking structure, hotel lobby, restaurants, and retail stores on the ground level, and 3 stories ofhotel rooms above the ground level. The condominium complex will include a 21eve1 underground parking structure, two buildings ranging from 3 to 5 stories in height;with 191 condominium units, a recreation room, health club, lobby, nine7ive/work units, and interiorcourtyards with a pool and spa. Amore detailed analysis of the proposed project is provided below. Please refer to the, project summary charts attached to the staff report for project details (Attachment No. 1). The applicant also proposes a Development Agreement for a period of 8 yeazs. Negotiation of that Agreement is in,process. ANALYSIS: Following is an analysis of the gr'oposed project actions: General Plan Amendment:: The 4.8-acre property is designated for: Commercial Recreation. land uses. The applicant proposes to redesignate the eastern 3.3-acre,portion of the property from the Commercial Recreation to the Mixed Use land use designation to accommodate the. proposed 191-unit condominium complex. The Commercial Recreation designation will be retained for the western 1.5-acre portion of the property to accommodate a new 102-room hotel. Staff recommends approval of the proposed amendment since the 3.3-acre area is located at the reaz of the property and is bounded on two sides by existing multiple-family residential uses. Therefore, the proposed amendment is consistent with a prevailing residential land use pattern. The remaining 1.5-acre portion of the site that will retain the Commercial Recreation designation is also of a sufficient size to develop a hotel, as demonstrated by the submitted site plans. The amendment would also be consistent with the following goals contained in the Land Use Element of the General Plan: GENERAL PLAN AMENDMENT NO. 2007-00462 January 7, 2008 Page 3 of 6 Goal 4.1 -Promote development that integrates with and minimizes impacts to surrounding Zand - - uses..: The proposed amendment would facilitate the construction of a mixed use project with hotel uses adjacent to Harbor Boulevard and residential uses adjacent to existing residential uses to the north, east and south. Goal 5.1 -Create and enhance dynamic, idenrifable places for the bereft ofAnaheim residents, employees and visitors. The proposed amendment would provide an additionaLLhousing ; opportunity, while maintaining opportunities to construct visitor-serving uses adjacent to Hazbor Boulevard, one of the main corridors in The Anaheim Resort: Goa12.1 -Continue to provide a variety of quality housing opportunities to address the City's diverse housing needs and Goal 7:1 =Address the jobs-housing relationship by developing housing near job centers and transportation facilities. The subject property is located within The Anaheim Resort, a job center for tourist, entertainment, and convention-related industries. Redesignating the eastern 3.3-acre portion of the site for residential uses will allow for additional housing opportunities in close proximity to a job center. The subject property is also served by several OCTA bus lines, the Anaheim Resort Transit service, and is located near the I-5 Freeway.: and the Anaheim Amtrak/Nletrolink station. Reclassification: The 4.8-acre property is cun•ently located within the ARSP.' The applicant proposes to reclassify the eastern 3.3-acre portion of the property from the ARSP (SP92-2) zone to the Multiple Family,Residential, Mixed Use Overlay (RM-4 (MU) Overlay). zone. This. reclassification would implement the proposed Mixed Use General Plan land use designation and would accommodate the 191-unit condominium complex. The proposed zoning would also be compatible with multiple-family zoning on properties to the east and south. Therefore, staff recommends. approval of the reclassification request. Specific Plan Amendment: The. applicant proposes to amend the Specific Plan to allow for development of the proposed mixed use project byYemoving the eastern 3.3 acres of the property` from the ARSP consistent with the proposed General Plan AmendmenYand Reclassification. The applicant also proposes to increase the hotel density from Low Density allowing up to 50 hotel rooms per acre to Medium Density allowing up to 102 rooms with 14,714 square feet of accessory uses for the western 1:5-acre portion of the property adjacent to Harbor Boulevard and` pernvtting reduced front and interior setbacks and distance between driveways. The density provisions for the ARSP were established largely in consideration of The Anaheim Resort's infrastructure capacity. The existing ARSP hotel/motel Low Density designation allows for the subject 4.8-acre property to be developed with up to 50 hotel rooms per gross acre or 240 rooms for this property: The MitigatedNegativebeclazation (MND) prepared for the project concludes that the planned Anaheim Resort infrastructure capacity, to be implemented per the mitigation measures described in the MND; would be sufficient to accommodate the proposed land ases for the 4.8-acre property including the proposed 102-room hotel with accessory uses and the 191-unit condominium complex. GENERAL PLAN AMENDMENT NO. 2007-00462 January 7, 2008 Page 4 of 6 The applicant also proposes to amend the ARSP to permit reduced front and interior setbacks. The ARSP requires a front setback of20 feet adjacent to Harbor Boulevard, a 20-foot setback' adjacentto the proposed condominium complex to the east and 10-foot setbacks adjacent to interior property lines to the north and south. The applicant proposes a'minimum 4-foot wide setback adjacent to Harbor Boulevazd to accommodate a subterranean parking structure, no setback betweema parking area oh the hotel site and an adjacent`15-foot wide landscape/ walkway area on the condominium site and a 6-foot setback adjacent to the north and south property lines to accommodate the design of on=site private Toads: Staff supports these modifications as the design of the subterranean parking structure willnot preclude the plantingof trees and shrubs above the structure and the above-ground hotel building complies with the 20- foot setback: Staff also supports the reduced interior setbacks to accommodate the design of the on-site private roads'and parking azeas. The applicant also proposes to amend the ARSP to permit a reduced distance between driveways, along Harbor Boulevard. Code requires`a minimum distance of 40 feet between driveways and the applicant is proposing a nunimum distance of 20-feet between proposed on-site driveways and existing driveways to the north and south: Staff supports the proposed driveway locations ` since the southerly driveway is currently aligned with a traffic signafand the northerly driveway` would not have an adverse affect on the adjacent fast food restaurant property to the north. Therefore,`staff recommends approval of the specific plan amendment request. Conditional Use Permit, Final Site Plaa and Waiver of Lot Frontage Requirements: A conditional"use permit is being'requesteii to allow`the proposed mixed use project with a hotel on the western 1.5-acre portion of the site and a 191-unit condominium complex,'including nine live/work units, on the eastem 3.3-acre'portion of the site. Code requires approval of a conditional use permit and a final site plan for hotels located south'of Orangewood Avenue in the ARSP in order to make sure the proposed design is appropriate for the site, compatible with surrounding land uses and in compliance with ARSP requirements: Code requires a conditional use permiffor projects implementing the MU Overlay zone in order to establish appropriate setback andbuilding height standards for the project. The submitted plans are in compliance with all code requirements with the exception of those requirements proposed for amendment as part of the project actions. The project has been appropriately designed to promote increased pedestrian activity, efficientinternal pedestrian and' vehiculaz circulation, and recreational activity for both visitors and residents. Moreover, the project has been designed to ensure that the hotel and condominiumbuildings are well articulated,that adequate privacy and light aze grovided for the residential units, and that the hotel fagade would have an attractive appeazance from Harbor Boulevard. The applicant also requests to subdivide the property and create a "landlocked" pazcel on the eastern 3.3=acre portion of the site. Code requires every lot to have frontage on a public street. Staff supports the waiver of minimum lot frontage since the eastern'3.3-acre portion of the site ' will gain access to Harbor Boulevard through a reciprocal access easement. GENERAL PLAN AMENDMENT N0.2007-00462 January 7, 2008 Page5of6 IDevelopment Agreement: The applicant has submitted a draft Development Agreement between the City of Anaheim and Millenium Renaissance Hazbor, LLC, which has been::;. provided to the Commission. Staff has determined that the Agreement in its present form is not ready for Planning Commission consideration as the Agreement is still being negotiated with staff,. the Agreement has. not been. approved as to form by the City Attorney's Office, the., language conflicts with existing fee and process requirements, the Agreement doesnotinclude benefits to the City of Anaheim above and beyond the project-related improvements requited by code and there aze editorial and formatting issues with respect to the description of the project entitlements. Staff recommends that the Agreement be continued to the Febrnary 4, 2008, Planning Commission meeting in order to allow sufficient time to complete the negotiations on the Agreement and provide a revised document for Commission consideration Enviromnental Impacts: A Mitigated Negative Declaration (MND) and Mitigation Monitoring Program (NIIvIP) have been prepared to evaluate the environmental impacts of the project and to identify necessary infrastructure improvements. The MND was circulated fora 30-day public review period between December 5, 2007 and January 3, 2008. At the time of printing of this report, no comments were submitted to the City on the MND. The MND identifies no potentially significant adverse impacts related to the project. The MND, however, identifies "potentially significant unless mitigated" impacts in twelve environmental categories contained in the Initial Study. These azeas include Aesthetics, Air Quality, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, Public Services, Recreation, Transportation and Traffic, Utilities .and Service Systems, and Mandatory Findings of Significance. Mitigation measures have been included in the MMP to reduce the impacts to less than significant,. CONCLUSYON: The proposed project would improve a vacant underutilized parcel with an attractive, integrated mixed use development compatible with adjacent land uses in the azea. It would provide for hotel and commercial uses along Harbor Boulevazd, promoting the goals of the General Plan and ARSP to implement visitor-serving uses along Hazbor Boulevazd. It would also provide for additional housing opportunities on the eastern portion of the property. Therefore, staff recommends approval of this request. Respectfully submitted, Con urred by, ~~~~s~ C Principal Planner 1 Wing Se ices Manager Attachments.. 1. Project Summary 2. Draft General Plan Amendment Resolution 3. Draft Reclassification Resolution 4, Draft Specific Plan Amendment Resolution 5. Draft Conditional Use Permit Resolution GENERAL PLAN AMENDMENT NO. 2007-00462 January 7, 2008 Page 6 oP 6 6. Draft Tentative Tract Map Resolution 7. Draft Tentative. Parcel Map Resolution 8. Draft Final Site Plan Resolution 9. Proposed Site Plan The following attachments were provided to the Planning Commission' and are available for public review at the Planning Services Division at City Halls 10: Initial Study and Mitigated Negative Declaration 11. Draft Development Agreement 12. Plans ATTACHMENT N®. 1 PROJECTS RY Ii®TEL PARCEL fl2eve[®" meat standard Pro used Pa®'ect ARSP Zone Standards Site Area 1.5 acres N/A Parkin 269 257 er arkin stud Landscaping Setback: Adjacent to Harbor Blvd. North* South* East* 20 feet 6 feet* 6 feet* 0 feet* 20 feet 10 feet 10 feet 20 feet * Specific Plan Amendment requested RESIDENTIAL PARCEL I-evelo mentStandard Pro osedFro'ect J\~I.TZone:Standards. Site Area 3.3 3 Parkin 447 s aces 444 er arkin stud Landscaping Setback: North South East West 6 feet 6 feet 6 feet 15 feet Determined by CUP Buildin Hei ht 55 feet) Determined b CUP ~DRAiFT~ ATTacll~lv><ErrT lvo. 2 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION ADOPTING AND RECOMMENDING TO THE CITY COUNCIL ADOPTION OF GENERAL PLAN AMENDMENT NO. 2007-00462 PERTAINING TO THE ANAHEIM GENERAL PLAN (THE ANAHEIM RESORT) - WHEREAS, the Anaheim City Council did adopt the Anaheim General Plan by Resolution No. 69R-644, showing the general description and extent of possible future development within the City; and WHEREAS, on May 25, 2004, the City Council, by its Resolution No. 2004-95, adopted a comprehensive update to the General Plan for the City pf Anaheim; and WHEREAS, the Anaheim Planning Commission did receive a verified Petition for General Plan Amendment for certain real property situated in The Anaheim Resort azea of the City of Anaheim, County of Orange, State of California and designated on the City of Anaheim General Plan for Commercial Recreation land uses; and. WHEREAS, General Plan Amendment No. 2007-00462 proposes to amend the Land Use Element of the Anaheim General Plan as follows: 1. Amend `Figure.LU-4: Land Use Plan" of the Land Use Element of the General Plan to redesignate the eastern 3.3 acres of the subject property from the Commercial Recreation to the Mixed Use land use designation as shown on Attachment "A-1" attached hereto and incorporated herein by this reference as if set forth in full. 2. Amend "Table LU-4: General Plan Density Provisions for Specific Areas of the. City" of the Land Use Element of the General Plan to reduce the number of acres in the Commercial Recreation land use designation and the Anaheim Resort Specific Plan azea by 3.3 acres. WHEREAS, General Plan Amendment No. 2007-00462 is proposed in connection with Reclassification No. 2007-00210, Specific Plan Amendment No. 2007-00049, Conditional Use Permit No. 2007-05242, Final Site Plan No.2007-00010, Tentative Tract Map No. 17219 and Tentative Parcel Map No. 2007-163 to construct a mixed use project consisting of a 105-room hotel on the western 1.5-acre portion of the project site adjacent to Hazbor Boulevazd, and a 191-unit, condominium complex, including nine live/work units, on the eastern 3.3-acre portion of the project site (herein collectively referred to as the "proposed project .actions");and WHEREAS, the Anaheim Planning Commission did hold a gublic heazing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on January 7, 2008, 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, to heaz and consider evidence -1- PC2008-*** for and against said proposed project actions, including General Plan Amendment No. 2007- 00462, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due consideration, inspection, investigation and study made by itself, and after due consideration of, and based upon, all evidence and reports offered at said hearing, does hereby fmd: 1. That the proposed amendment maintains the internal consistency of the General Plan, as the proposed modifications to the Commercial Recreation land use designation description aze consistent with Goa12.1 of the Land Use Element of the General Plan to continue to provide a vaziety of quality housing opportunities to address the City's diverse housing needs, Goa14.1 of the Land Use Element of the General Plan to promote development that integrates with and minimizes impacts to surrounding land uses, Goa17.1 of the Land Use Element of the General Plan to address. the jobs-housing relationship by developing housing neaz job centers and transportation facilities and Goa15.1 of the Economic Development Element to expand housing opportunities for all economic segments of the community. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the proposed amendments to the Anaheim General Plan would result in additional residential development opportunities on the eastern 3.3- acre portion of the subject property, while maintaining Commercial Recreation land uses along the western 1.5-acre portion of the subject property adjacent to Harbor Boulevazd consistent with the General Plan's vision to encourage the implementation of Commercial Recreation land uses along Hazbor Boulevazd to the city boundary at Chapman Avenue. Further, the proposed amendment azea is bounded on two sides by existing multiple-family residential uses, so the amendment would be consistent with a prevailing residential land use pattern; 3. The proposed amendment would maintain the balance of land uses within the City, in that the proposed amendment would allow housing to be built in close proximity to a jobs-rich azea; and 4. That the subject property proposed to be designated to new land uses, as depicted on Attachment A-1, is physically suitable to accommodate the proposed modification, including but not limited to access, physical constraints, topography, provision of utilities, and compatibility with surrounding land uses in that: a. Access to the property would be maintained from Hazbor Boulevard; b. The proposed Mixed Use designation would provide a transitional use between the Commercial Recreation land uses adjacent to Hazbor Boulevard and the multiple-family residential land uses to the east and south of the site; and, c. Infrastructure impacts associated with the proposed amendment would be equivalent to the impacts associated with the site's present Commercial Recreation land use designation. 5. That *** persons spoke with concerns relating to the subject request; and that *** correspondence was received in opposition to the subject petition. -2- PC2008 *** CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal and does hereby approve the Mitigated Negative Declazation and the associated Mitigation Monitoring Plan No. 154 upon finding that the declazation reflects the independent judgment of the lead agency and that'it has considered the Mitigated Negative Declazation 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 pursuant to the above findings,. the Anaheim Planning Commission does hereby recommend that the City Council of the City of Anaheim adopt General Plan Amendment No. 2007-00462, as described above. BE IT FURTHER RESOLVED, that the applicant is responsible for paying all chazges related to the processing of this discretionary case application within I S days of the issuance of the final invoice. Failure to pay all chazges 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 January 7, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2008-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 January 7, 2008, 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 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2008-*** ATTACHMENT "A-1" -5- PC2008-*** N C -~: ~: - ~ 0 W U ~ 3nN3Atl Z G7 ". NLL6ILL ~ 30N3Atl ~ ~ N NLL91ll + d y O a` 133SLL5 ~~ U ~ WND 3nt0 1336 99V19 ~ _ _ ~ ame a3w3vaN ~- 133x15 Wn`J 3xt0 ~ atlbratno9 .;; N 3O3tlW'16 ~ ' ame Cp 3o3noo d. 133ill9 i ~ 16 0 tllJbOtl ~ 133x15 i n 61M31 ~ s. F ~ 133i11S r ~ O 16 V3 133tl16 N _ a319tlx ~ ~ i i s W 0 c G 'ante ~ ` atlbn3inoe 1 aoetltlx W ~' G W13HVNtl + Q '9At0 S a00abH _ 133x16 1 ~ ~ 63m (~ `- . i ~ .. Cn C J .~ 1 H1N ~ ~ ~ IN _ 133iLL9 c `,~ J Q ~ OIlOW3 ~'~ L . V 9Itp03 ~ J ~ 5 ^ I LL 133tl16 00pM1l1N . ` , S ,s f9 T1 } ~ 133tl19 Q~ 19anHNOOaB ~~' C 16tlnxMOOtlO 1331ll9 1tl30119 '~ h . ~ ~ 133tl10 ~ t r { 0 1a30t1p ~ ,~ y 3 3nN3nV MIONatlW ' 34N3nV vnoxorw ~ x Y f e 3fW3ntl 3M1 ~ ~ ~ 31W3nV L . L k 3tVp ~ J ~ ~ } OaVn3100B ' +~ 6 '" Nron3tn06 N]tl30 nor ~. S' HOV3B < ~ l 4r ~ ~ £' -tv 't i ~ 3lW3Ab , ~ 3N13AY Ntl3LS3N ~ Na31S3N ~ ~ 3nN3nV ' llONN 3nN3AV llONx gw 5 ~ ' g " ~ ~ ~ 4 Oa z oz a~ Sa ~a ~a z yo @q a ¢ z z z a a ~¢ z ~ vl L1 $ a General Phan Amendment No. 2007-00462 Land llse Element Acreage - 3.3 WILKEN WAY Commardal Recrealicn ~l \ Commartlal RecmaOon r~ ~ ~ L~ - /\ Commercial Recreation ~ 1 ~ j r ~ f~J Z ~ ~J i i.r J - t_J >l 4 & Y Y --.~ ~1~-.1--- j ~ , o a f ~, ~ f , "";,; „ ~ I I ~ ~, ~ ~ o ~~u3~~w'~?`~~~ ~' Resltlantiel-Low Medlym~ ~ ~ m "~" ~'d' ~' ~~ ysc `" Cr -~ I II t 3'~s <9 hy, tr ~I ~ ~ r't ~ z ~ ~" ~"F \\ ~J 1----J ~ l- ~ ~ ~~.~x,-'~.;" -r 1 I ReeltlentiaFLow Metlium 6 i i Reaitlam7aHnw MedNm ~. C Cammaniel Reemalbn e f Existing Land Use Designation -Commercial Recreation Figure 2 WILKEN WAY Cc menial Reueatlon ~ ~--~~ \ Commertlal Recreetlon r-~ ~_ \ ~; I o; MlXaduse ~ I ~ ~ I ~ K r- ~ ~ r Lti ' 1 ~ _--' _ 0 3 "'~ ~~s ~ ~ ~ ~esidai0el-LOw Medi~ml i ~ ~-s ~'. ~ .`~ _I ~ I~ 1 ~ $ w ,~~ c~ ~-d I---- ~ I' r a ~ h ~ ~ r~----L__S 1 Z 'y ~ ~~' r ~_J ~, ~~ . , ~ xar'" srr.,,." ~ ReeltlenYal-Low Madfum 9 ~ Aeddemlei-LOW Medum ~ Commertlal Recreallon 1 ~ ~ Proposed Land Use Designation -Mixed Use Figure 3 zssa [DRAFT] ATTAC)EIMFNT N®. 3 RESOLUTION NO. PC2008 *** A RESOLUTION OF THE CITY OF ANAHEIM PLANNING COMMISSION APPROVING PETITION FOR RECLASSIFICATION NO. 2007-00210 UNCONDITIONALLY (2232 SOUTH HARBOR BOULEVARD) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Reclassification for certain real property situated in The Anaheim Resort area of the City of Anaheim, County of Orange, State of California, as more particulazly described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, Reclassification No. 2007-00210 is proposed in connection with General Plan Amendment No. 2007-00462, Specific Plan Amendment No. 2007-00049, Conditional Use Permit No. 2007-05242, Final Site Plan No. 2007-00010, Tentative Tract Map No. 17219 and Tentative Pazcel Map No. 2007-163 to construct a mixed use project consisting of a 105-room hotel on the western 1.5-acre portion of the project site adjacent to Harbor Boulevazd, and a 191-unit, condominium complex, including nine live/work units, on the eastern 3.3-acre portion of the project site (herein collectively referred to as the "proposed project actions"); and WHEREAS, Reclassification No. 2007-00210 is proposed to reclassify the eastern 3.3-acre portion of the subject property from the Anaheim Resort Specific Plan (SP92-2) zone to the Multiple-Family Residential, Mixed Use Overlay (RM-4 (MU) Overlay) zone; and. WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevazd, on January 7, 2008, 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 project actions, including Reclassification No. 2007-00210, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That this proposal will establish a resolution of intent to reclassify the subject property as described above. 2. That the proposed Reclassification is being considered in conjunction with General Plan Amendment No. 2007-00462 to redesignate the eastern 3.3-acre portion of the subject site from the Commercial Recreation to the Mixed Use land use designation. 3. That the proposed RM-4 (MU) Overlay zone is the appropriate implementation zone for the Mixed Use land use designation. -1- PC2008-*** 3. That the proposed reclassification of subject property is necessazy and/or desirable for the orderly and proper development of the community. 4. That the. proposed reclassification of subject property does properly relate to the zones and their permitted uses locally established in close proximity to subject property and to the zones and their permitted uses generally established throughout the community because it would result in a residential project consistent with the type of housing envisioned for the Mixed Use land use designation and adjacent multiple-family land uses to the east and south of the subject site. 5. That *** indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal and does hereby approve the Mitigated Negative Declazation and the associated Mitigation Monitoring Plan No. 154 upon finding that the declazation reflects the independent judgment of the lead agency and that it has considered the Mitigated Negative Declazation 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 BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby approve said Reclassification to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to reclassify the subject 3.3 acres as described above. BE IT FURTHER RESOLVED that the approval of Reclassification No. 2007- 00210 is contingent upon the approval of General Plan Amendment No. 2007-00462, now pending. BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject property; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole discretion. BE IT FURTHER RESOLVED that the applicant is responsible for paying all chazges 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 chazges shall result in delays in the issuance of required permits or the revocation of the approval of this application. -2- PC2008--*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 7, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and°°" may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretazy 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 January 7, 2008, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: .ABSTAINED: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of January 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2008-*** Reclassification No. 2007-00210 Existing Zoning -Anaheim Resort Specific Plan (SP92-2) Figure 1 SP92-2 SP92-2 G-C RM-0 RS-2 RS-2 WILKEN WAY RM-0 SP 92-2 ..J L~~~ ~ SP 92-2 r ~~_~ ^Zi ~I ~ RM4 (MU) Overlay I II I I J ~` r; +~ t~TM ~ I ~ s 4 ~ ~ ~ I RM3 I ~ 0] s ' t ,.a j ~ ~ I 0 ~ SP 92.2 ~ ,sr s a., - z '; __~ I l~ ~i ) t0 ~ ~ A~~_1 L___ ~ !' rz -~ ~ _J ~_~--~__,; r ~+~ I SP 92-2 RM-2 r RM-2 EXf~I~f'T .~ Acreage - 3.3 Proposed Zoning - RM-4 (MU) Overlay Figure 2 26fi4 [DRAFT] ATTACI-)iMENT N®. 4 RESOLUTION NO.PC2008 *** A RESOLUTION OF THE CITY OF ANAHEIM PLANNING COMMISSION RECOMMENDING ADOPTION OF AMENDMENT NO. 9 TO THE ANAHEIM RESORT SPECIFIC PLAN N0.92-2 AND AMENDING ORDINANCE NO. 5454 ACCORDINGLY WHEREAS, on Apri129, 1986, City Council of the City of Anaheim adopted Ordinance No. 4709 to establish uniform procedures for the adoption and implementation of Specific Plans for the coordination of future development within the City, and "Zoning and Development Standazds" when the Specific Plan includes zoning regulations and development Standazds to be substituted for existing zoning under the Zoning Code, which "Zoning and Development Standards" shall be adopted by ordinance independent of the rest of the Specific Plan; and WHEREAS, the City Council of the City of Anaheim adopted the Anaheim Resort Specific Plan (ARSP) No. 92-2 on September 27, 1994, to provide a long range, comprehensive plan for future development of approximately 549-acres within the Anaheim Resort. The Specific Plan includes zoning and development Standazds, design guidelines and a public facilities plan, and permits the development of hoteUmotel, convention, retail and other visitor-serving uses; and WHEREAS, in connection with the adoption of ARSP No. 92-2, the City Council certified Environmental Impact Report No. 313, with a Statement of Findings and Facts and a Statement of Overriding Consideration, and adopted Mitigation Monitoring Program No. 0085; and WHEREAS, on June 3, 1997, the City Council adopted Ordinance No. 5599. amending Ordinance No. 5454 relating to ARSP No. 92-2, Amendment No. 1, which amendment revised the legal description and boundaries of the Anaheim Resort Specific Plan by reclassifying and incorporating a 4.67-acre pazcel into the ARSP No. 92-2 Zone; and WHEREAS, Amendment No. 2 to the ARSP No. 92-2, a request to amend the zoning and development Standazds to add "Coffee House" as a conditionally permitted accessory use in conjunction with an automobile service station, was denied by the Planning Commission on October 12, 1998, and the petition was subsequently withdrawn by the applicant at the January 26, 1999, City Council meeting; and WHEREAS, on May 18, 1999, the City Council adopted Ordinance No. 5685 amending Ordinance No. 5453 relating to Adjustment No. 1 to the ARSP No. 92-2, which adjustment amended the Zoning and Development Standazds set forth in Chapter 18.48 of the Anaheim Municipal Code relating to structural setbacks and yazd requirements to reflect the local street status of Convention Way; and WHEREAS, on July 27, 1999, the City Council adopted Ordinance No. 5964 amending Ordinance Nos. 5453 relating to Amendment No. 3 to ARSP No. 92-2, which amendment revised the legal description and boundazies of the ARSP by reclassifying .and incorporating a 0.73-acre pazcel into the ARSP No. 92-2 Zone; and - 1 - PC2008-*** WHEREAS, on September 21, 1999, the City Council adopted Ordinance No. 5703 relating to Adjustment No. 2 to the ARSP No. 92-Z, which adjustment amended the Zoning and- Development Standazds set forth in Chapter 18.48 of the Anaheim Municipal Code relating to the minimum landscape setback requirement for properties adjacent to Manchester Avenue between Katella Avenue and the southern boundary of the ARSP Area; and WHEREAS, on May 1, 2001, the City Council .adopted Ordinance No. 5769 relating to Adjustment No. 3 to the ARSP No. 92-2, which adjustment amended the Zoning and Development Standazds set forth in Chapter 18.48 of the Anaheim Municipal Code relating to temporary parking requirements; and WHEREAS, on Apri126, 2004, the City Council adopted Ordinance No. 5910 amending Ordinance No. 5453 relating to Adjustment No. 4 to the ARSP No. 92-2, which adjustment amended the Zoning and Development Standazds set forth in Chapter 18.48 of the Anaheim Municipal Code relating to office uses in a legal non-conforming building; and WHEREAS, on June 8, 2004, the City Council adopted Ordinance No. 5922 amending Ordinance No.'S453 relating to Amendment No. 5 (which also incorporates Amendment No. 4) to the ARSP No. 92-2, which amendment revised the legal description and boundaries of the ARSP by reclassifying and incorporating 27 acres into the ARSP No. 92-2 Zone; and WHEREAS, on Febmary 8, 2005, the City Council adopted Ordinance No. 5954 amending Ordinance No. 5453 relating to Amendment No. 6 to the ARSP No. 92-2, which amendment modified the Zoning and Development Standazds pertaining to the establishment of mini-mazket/convenience mazkets as accessory uses in conjunction with a relocated service station and prohibition of tow truck operations in conjunction with service station facilities; and WHEREAS, on :September 12, 2006, the City Council adopted Ordinance No. 6036 amending Ordinance No. 5453 relating to Amendment No. 7 to the ARSP No. 92-2, which amendment modified the Zoning and Development Standazds pertaining to the establishment of an ARR (Anaheim Resort Residential) Overlay to provide the opportunity to develop residential units in conjunction with high-quality, luxury hotels within tazgeted azeas; and WHEREAS, on May 8, 2007, the City Council adopted Ordinance No. 6058 amending Ordinance No. 5453 relating to Amendment No. 8 to the ARSP No. 92-2, which amendment relates to modifications to the Zoning and Development Standazds pertaining to the ARR Overlay to provide the opportunity to develop residential units, when such uses are developed on designated properties within the ARR Overlay; meet certain affordability requirements for the ARR Overlay; do not result in infrastructure impacts greater than those associated with the subject property's hotel/motel density, as allowed by the property's underlying C-R District density designation, unless such impacts aze duly analyzed and mitigated pursuant to subsequent environmental review; and, processed as a Master Planned Development; and WHEREAS, the Anaheim Planning Commission did receive a verified Petition for a Specific Plan Amendment for certain real property situated in The Anaheim Resort area of the City of Anaheim, County of Orange, State of California; and - 2 - PC2008-*** WHEREAS, Specific Plan Amendment No. 2007-00049 is proposed in conjunction with General Plan Amendment No. 2007-00462, Reclassification No. 2007-00210, Conditional Use Permit No. 2006-05242, Final Site Plan No. 2007-00010, Tentative Tract Map No. 17219 and Tentative Parcel Map No. 2007-163 to construct a mixed use project consisting of a 105-room hotel on the westem 1.5-acre portion of the project site adjacent to Hazbor Boulevard, and a 191- unit, condominium complex, including nine live/work units, on the eastem 3.3-acre portion of the project site (herein collectively refereed to as the "proposed project actions"); and WHEREAS, Specific Plan Amendment No. 2007-00049 (also referred to herein as "the proposed Amendment No. 9 to the ARSP No. 92-2") proposes to: L Remove the eastem 3.3-acre portion of the subject property from the ARSP as more particularly shown on Exhibit "A-1"attached hereto and incorporated herein by this reference; 2. Adjust applicable Specific Plan exhibits and text to reflect the modified ARSP boundaries; 3. Increase the maximum hotel density for the western 1.5 acres of the property adjacent to Hazbor Boulevazd from Low Density (permitting up to 75 hotel rooms for the 1.5-acre site) to Medium Density (pemutting up to 102 hotel rooms and 14,714 square feet of accessory commercial uses or an equivalent of 127 hotel rooms for the 1.5-acre site); and, 4. Modify the Zoning andbevelopment Standards set forth in Chapter 18.116 (Anaheim Resort Specific Plan) of the Anaheim Municipal Code for the 1.5-acre site toc a. Reduce the minimum front setback area adjacent to Hazbor Boulevard from 20 to 3 feet for a subterranean parking structure provided that the structure is at a sufficient depth to allow a 20-foot wide azea between Harbor Boulevard'and the above-grade hotel building to be landscaped in accordance with the ARSP tree density requirements; b. Reduce the interior setback azea from 10 to 0 feet adjacent to the eastem property line to permit a pazking azea adjacent to the proposed 191-unit condominium complex proposed as part of Conditional Use Permit No. 2006- 05242, now pending; c. Reduce the interior landscape setback azea from 10 to 6 feet adjacent to the north and east property lines to accommodate the design of an interior private street; and, d. Reduce the minimum distance between driveways from 40 to 30 feet. WHEREAS, the Anaheim Planning Commission did hold a public heazing at the Anaheim Civic Center, Counci] Chamber, 200 South Anaheim Boulevard, on January 7, 2008; at 2:30 p.m., notice of said public heazing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, to heaz and consider evidence for and against said proposed project actions, including Specific Plan Amendment No. 2007-00049, and to investigate and make findings and recommendations in connection therewith; and - 3 - PC2008-*** WHEREAS, at the time and place fixed for said public heazing, the Anaheim Planning Commission did hold and conduct such public heazing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports, and did consider the same; and WHEREAS, the Anaheim Planning Commission does find, after cazeful consideration of all evidence and reports submitted to said. Commission, and all evidence and.. reports offered at said public hearing, that all of the findings set forth in Section 18.72.060 of the Anaheim Municipal Code required for the recommendation for approval of said specific plan amendment are present for the following reasons: 1. .That the subject amendment azea has unique site chazacteristics that aze enhanced by special land use and development standards in that the subject property is the lazgest property along Hazbor Boulevard between Orangewood Avenue and Chapman Avenue and a mixed use development is proposed to be developed on the property consisting of a 102-unit hotel with 14,714 square feet of accessory commercial uses on the 1.5-acre site adjacent to Hazbor Boulevard in the ARSP zone and a 191-condomium complex, including nine live/work units, on the eastem 3.3-acre portion of the site in the proposed RM-4 (MU) Overlay zone pursuant to Reclassification No. 2007-00210, now pending, and that the mixed use complex will shaze vehicular and pedestrian access to Hazbor Boulevazd. 2. That the proposed specific plan amendment is consistent with the goals and policies of the General Plan, and with the purposes, standards and land use guidelines therein and will contribute to a balance of land uses throughout the City because:. (a) The removal of the eastern 3.3-acre portion of the subject property from the Anaheim Resort Specific Plan would not negatively affect The Anaheim Resort since the 1.5-acre portion of the property along Hazbor Boulevard will remain in the ARSP to permit a proposed 102- room hotel with accessory commercial uses pursuant to Conditional Use Permit No.2006-05242, now pending. (b) The proposed .amendment would implement Goa12.1 in the Land Use Element which. states "continue to provide a variety of quality housing opportunities to address the City's diverse housing needs: ' (c) The proposed amendment would implement Goa14.1 in the Land Use Element which states "promote development that integrates with and minimizes impacts to surrounding land uses." (dj The proposed amendment would implement Goa15.1 in the Land Use Element which states "create and enhance dynamic, identifiable places for the benefit of Anaheim residents, employees and visitors." (e) The proposed amendment would implement Goa17.1 in the Land Use Element which states "address the jobs-housing relationship by developing housing neaz job centers and transportation facilities." - 4 - PC2008-*** 3. That the proposed specific plan amendment respects environmental and aesthetic resources consistent with economic realities as it would result in development of desirable chazacter that will be compatible with development permitted in the ARSP zone to the north and " ` south of the site and the proposed condominium complex pursuant to Conditional Use Permit No. 2006-00049, now pending, on the eastern 3.3-acre portion of the site. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS• That the Anaheim Planning Commission has reviewed the proposal and does hereby approve the Mitigated Negative Declazation and the associated Mitigation Monitoring Plan No. 154 upon finding that the declazation reflects the independent judgment of the lead agency and that it has considered the Mitigated Negative Declazation 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, pursuant to the above findings, the Anaheim Planning Commission does hereby recommend City Council approval of Specific Plan Amendment No. 2007-00049 as described above. BE IT FURTHER RESOLVED, that the applicant is responsible for paying all chazges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all chazges 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 January 7, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 5 - PC2008-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. - CITY OF ANAHEIM ) I, Grace Medina, 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 January 7, 2008, 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 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 6 - PC2008-*** Specific Plan Amendmen# No. 2007-00049 ~~I'I' A-1 Acreage ~ 3.3 SP 92-2 SP 92-2 GC RM-0 R8-2 RS-2 WILKEN WAY "' RM-4 SP 92-2 SP 92-2 ~ ~~~-~ \~ ~ li Anaheim Rescrt Specific Plan (SP92-2) i ~ I ~-~ ~ 6 W ~ r I---'i~ ~ ,~J--- L I~ , 1 = , y ~ t - I I ~ I _ r I RM-3 I I ~. 1 m `' ~~ t' I I I I 1 ~. SP 82-2 t v¢ _ h ~~ I ~ r ~ ~ ~I ~ I 1 m a a .,<, ~_J ~__ I h T- = r € 1 ~ `~` tV h i I i i 1 i sP sz-z ftM-2 RM-2 Existing Zoning -Anaheim Resort Specific Plan (SP92-2) Figure 1 SP B2-2 SP 92-2 GC RM'< R54 RS-2 WILKEN WAY RM3 SP 92-2 __1 L~_ ~ SP B2-2 r ~~~_ ~~-i ~ II RM-4 (MU) Overlay I ~ I I ~~~ I 1 ~ r r ~~ r~ ~ (~ ~ RM-3 I m I 1 i ~ I ' ! I 1 ~. SP 92.2 ,.. r :. x ~ -~ 1 ' I 1~ I I 1 O r zF r==) I 11 m '~' ~ l_i 1_---U '' ~ Qa s i x ~'~ ~ r r 1 1 1 ~ SP 92-2 1 RM-2 RM-2 ~ 1 Proposed Zoning - RM-4 (MU) Overlay Figure 2 26fi4 [DRAFT] ATTACIiMENT NO. 5 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION GRANTING CONDITIONAL USE PERMIT NO.2007-05242 (2232 SOUTH HARBOR BOULEVARD) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for a Conditional Use Permit for certain real property situated in The Anaheim Resort azea of the City of Anaheim, County of Orange, State of California, as more particulazly described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, Reclassification No: 2007-00210 is proposed in connection with General Plan Amendment No. 2007-00462, Specific Plan Amendment No. 2007-00049, Conditional Use Permit No. 2007-05242, Final Site Plan No. 2007-00010, Tentative Tract Map No. 17219 and Tentative Parcel Map No. 2007-163 to construct a mixed use project consisting of a 105- room hotel on the western 1.5-acre portion of the project site adjacent to Hazbor Boulevazd, and a 191-unit, condominium complex, including nine live/work units, on the eastern 3.3-.acre portion of the project site (herein collectively referred to as the "proposed project actions"); and WHEREAS, Conditional Use Permit No. 2007-05242 is proposed to permit a mixed use project with 191 condominium units, including nine live/work units, for the eastern 3.3-acre portion of the site, and a 102-room hotel with 14,714 square feet of accessory commercial uses for the western 1.5-acre portion of the site adjacent to Hazbor Boulevazd with waiver of minimum lot frontage adjacent to a public street; and WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevazd, on 7anuary 7, 2008, at 2:30 p.m., notice of said public heazing 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 project actions, including Conditional Use Permit No. 2007-05242, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: L That the request to develop a mixed use project consisting of a 102-room hotel with accessory commercial uses on the western 1.5-acre portion of the project site, and a 191-uiut condominium complex, including 91ive/work units, on the eastern 3.3-acre portion of the project site is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section Nos. 18.116.070.070 and 18.32.030.120 for this property. -1- PC2008-*** 2. That the proposed use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because the proposed project is compatible with existing and surrounding land uses, and will further provide a project that is compatible and consistent with the proposed General Plan Mixed-Use land use designation and The Anaheim Resort Specific Plan (ARSP). 3. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular azea or to health and safety of the citizens of the City of Anaheim. 4. That, with implementation of the mitigation measures set forth in Mitigation Monitoring Plan No. 154, the approval of the proposed mixed use project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the azea. 5. That the granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. 6. That *** indicated their presence at said public hearing in opposition; and that *** letters were received expressing concerns with the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING:. That the. Anaheim Planning Commission has reviewed the proposal and does hereby approve the Mitigated Negative Declaration and the associated Mitigation Monitoring Plan No. 154 upon finding that the declazation reflects the independent judgment of the lead agency and that it has considered the Mitigated Negative Declazation 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 approve Conditional Use Permit No. 2007-05242, upon the conditions attached hereto as Exhibit "B" and incorporated herein by this reference, and which aze hereby found to be a , necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfaze of the Citizens of the City of Anaheim: BE IT RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and al] of the conditions herein set forth. Should any such condition, or any part thereof; be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. AND BE IT FURTHER RESOLVED that the property owner/developer is responsible for paying all chazges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice, prior to the issuance of building permits or commencement of activity for this project, whichever occurs first. Failure to pay all chazges shall result in delays in the issuance of required permits or the revocation of the approval of this application. -2- PC2008--* THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 7, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF ANAHEIM ) I, Grace Medina, 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 January 7, 2008, 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 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2008-*** EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY PARCEL I: PARCEL 2 OF PARCEL MAP NO. 79-279, AS SHOWN BY MAP ON FILE IN BOOK 143 PAGES 34 AND 35 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OP ORANGE COUNTY, CALIFORNIA. PARCEL 2: ANON-EXCLUSNE EASEMENT FOR PARKING PURPOSES ON PARCEL 1 AS SHOWN ON LOT LINE ADNSTMENT PLAT NO. 75 RECORDED IN BOOK 13913, PAGES 1132 AND 1133 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. SAID LAND IS ALSO KNOWN AS A PORTION OF PARCEL 1 AS SHOWN ON PARCEL 1 OF PARCEL MAF 80- 238, AS FILED IN BOOK 145, PAGES 37 AND 38 OF PARCEL MAPS IN THE COUNTY OF ORANGE, AS MORE PARTICULARLY SET FORTH IN THAT CERTAIN RECIPROCAL PARKING AGREEMENT DATED APRIL 16, 1981 AND RECORDED MAY 1, 1981 IN BOOK. 14042, PAGES 1527 OF OFFICIAL RECORDS, TOGETHER WITH THE PERPETUAL, NON- EXCLUSIVE RIGHT OF ACCESS OVER AND ACROSS SAID PARCEL 1 FOR THE PURPOSE OF CIRCULATION OF TRASH TRUCKS AND VEHICLES.. PARCEL 3: NON-EXCLUSNE EASEMENT FOR INGRESS AND EGRESS, AS SET FORTH IN THAT CERTAIN DOCUMENT ENTITLED `INGRESS AND EGRESS EASEMENT DEED RECORDED DECEMBER 1, 2000 AS INSTRUMENT N0.20000653858 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID STRIP BEING DESCRIBED AS THE NORTHERLY 30 FEET OF THE EASTERLY 36 FEET OF THE WESTERLY 54 FEET. THE TERMS AND CONDITIONS OF SAID EASEMENT ARE OUTLINED IN THAT CERTAIN AGREEMENT RECORDED NOVEMBER 22, 2000 AS INSTRUMENT NO. 00-637963 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. -4- PC2008-* E I'I' ac~a CONDITIONAL USE PERMIT N0.2007-05242 Conditions of Approval COA/ Responsible for MMP Conditions of Approval Monitoring p* ~(S gy ~ l ' ~ ~ Y~yF ` `P ~.~twi' nL",+ yy ~ ~ l ~f ~~r r" < 3 ^Y - ~.»3":.~ .. ~ l J ~~ ~t':t' #:uy'~ / That proof of Final Tract Map No. 17219 and Final Pazce1 Map No. 2007-16 COA 1 recordation in the Office of the Orange County Recorder shall be submitted to the Public Works Public Works Depazttnent. That the property owner/developer shall comply with Ordinance No. 5209 and COA 2 Resolution No. 91R-89 relating to the Transportation Demand Management Public Works (TDM) by providing on-site taxi and shuttle bus loading zones, and by joining and financially participating in the ATN and Clean Fuel Shuttle Program and by installing bicycle racks. The project shall provide on site loading zone acceptable to the City Traffic and Transportation Manager for hotel shuttle buses to transport guests to and from tourist attractions and local airports, and show the circulation for both northbound and southbound ATN buses. That plans shall show conformance with the current version of Engineering COA 3 Standazd Detai1474 pertaining to passenger drop-off azeas at hotels to the Public Works satisfaction of the City Engineer. That plans shall be submitted to the City Traffic and Transportation Manager for COA 4 his review and approval showing conformance with the current version of Public Works Engineering Standazd Details 402, 436, 470, and 471 pertaining to pazking standazds and Engineering Standazd Detai1473 pertaining to driveway locations and driveway spacing. Subject property shall thereupon be developed and maintained in conformance with said plans. That plans shall show conformance with the current version of Engineering COA 5 Standard Detail 115 pertaining to sight distance visibility for signs, landscaping, Public Works and fence/wall locations and pertaining to commercial driveway design to the satisfaction of the Ci En ' eer. That the property owner/developer shall submit street improvement and landscape COA 6 and 'irrigation plans including landscape .and irrigafion for the public improvements Public Works along the entire. property frontage along Hazbor Boulevazd to the Public Works DepartmentlDevelopment Services Division is conformance with the "Harbor Blvd. Master Plan & Implementation Plan from Orangewood Avenue to Chapman Avenue (dated April 2006)". Private Streets, Section B-B, shall be constructed per City Standazd 162. A bond shall be posted in an amount approved by the City Engineer and a form approved by the City Attorney prior to issuance of a building permit. A Right of Way Construction Permit shall be obtained from Public Works/Development Services for all work performed in the right-of--way. The improvements shall be constructed prior to final building and zoning inspections. -5- PC2008-*** COA/ Responsible for MMP Conditions of Approval Monitoring Depending upon the timing of the subject project and the City's Capital Improvement Program schedule, the City Engineer shall determine whether the property owner/developer shall construct the improvement or submit a cash payment in an amount determined by the City Engineer to be sufficient to pay for the required street widening along Hazbor Boulevazd. The maximum cash payment shall not exceed 100% of the traffic impact (to be determined by City Engineer). The cash payment shall be paid to the Public Works Department/Development Services prior to issuance of a building permit. COA 7 That prior to issuance of the first building permit for the parking structure, plans Planning/Public shall demonstrate that at-grade ducts and overhead pipes shall not encroach in the Works pazking space area or required vehicle clearance azea. COA 8 That plans shall specifically indicate that all vehicular ramps and grades conform Planning/Public to all applicable City of Anaheim, Department of Public Works, Standazd Plans Works and Details to the satisfaction of the Planning Services Division and the City. Traffic and Transportation Manager. COA 9 Tl'at plans shall be submitted to show any proposed gates and shall demonstrate Public Works that gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic on the adjacent public street. Installation of any gates shall conform to all applicable City of Anaheim, Department of Public Works, Standazd Plans and Details. The location of any proposed gates shall be subject to the review and approval of the City Traffic and Transportation Manager. COA 10 That plans shall show conformance with all applicable City of Anaheim, Planning/Public Department of Public Works, Standazd Plans and Details and Code requirements Works pertaining to sight distance visibility for signs and wall/fence locations to the satisfaction of the City Traffic and Transportation Manager and the Planning Services Division. COA 11 That plans shall be submitted to the City Traffic and Transportation Manager for Planning/Public his review and approval showing conformance with all .applicable City of Works Anaheim, Department of Public Works, Standazd Plans and Details pertaining to pazking standazds and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. That plans shal] show that emergency exits, not intended as a primary entrance, e P li COA 12 shall have no exterior handles, knobs, or levers. o c COA 13 That prior to issuance of the first building permit for the parking structure, plans Planning/Public shall show directional signage, including floor designation and section, on each -6- PC2008-* COA/ Responsible for MMP Conditions of Approval Monitoring level of the pazking structure to expedite movement within the facility. Said Works signage shall be a minimum of 12 inches in height and of a contrasting color to the background. It shall be displayed not less than 60 inches from the parking surface and be highly visible from within any portion of the facility. COA 14 That prior to issuance of the building permit for the parking structures, plans shall show that a minimum lighting level of one (I) foot-candle measured at the Planning pazking surface shall be maintained for the parking structures with a maximum to minimum ratio no greater than 10:1. Plans submitted for building permits shall include a note that said lighting shall be installed prior to the first final building and zoning inspection for the pazking structure. COA 15 That plans shall indicate that adequate lighting shall be provided throughout the project, including circulation azeas, aisles, passageways, recesses, and grounds Planning contiguous to buildings with lighting of sufficient wattage to provide adequate illumination to make cleazly 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. Plans submitted for building permits shall include a note that said lighting shall be installed prior to the first final building and zoning inspection for the pazking structure, COA 16 .That plans shall indicate that the building address shall be cleazly mazked with its appropriate building number and address. These numbers shall be positioned so Planning .they are easily viewed fromvehicular and pedestrian pathways throughout the complex. The building number shall be a minimum of 12-inches in height. Main building numbers and address numbers shall be illuminated during hours of dazkness. Plans submitted. for building permits shall include a note that said numbers shall be installed prior to the first final building and zoning inspection for each building. COA 17 That prior to issuance of building permits, plans shall show that four (4)foot high address numbers shall be displayed on the roof of the building in a contrasting Planning/Police color to the roof material. Said numbers shall not be visible from view of the street or adjacent properties. Said information shall be subject to the review and approval of the Police Department and the Planning Department, Planning Services Division. Plans submitted for building permits shall include a note that said numbers shall be provided prior to the first final building and zoning inspection for each building. COA 18 That prior to issuance of the first building permit including the pazking structure, property owner/developer shall submit plans for review and approval by the Police Police Department indicating closed circuit television (CCTV) security cameras shall be installed to monitor the pazking structure and lobby entrances to the satisfaction of the Anaheim Police Department. Said information shall be -7- PC2008-*** COA/ Responsible for MMP Conditions of Approval Monitoring specifically shown on plans submitted for building permits. Security cameras and emergency stations shall be installed and operational to the satisfaction of the Anaheim Police Department prior to the final building and zoning inspection. That property owner/developer shall submit plans to the Police Department for COA 19 review and approval for the purpose of incorporating safety measures in the Police project design including the concept of crime prevention through environmental design (e.g. building design, circulation, site planning, and lighting of pazking structures and pazking azeas). That property owner/developer shall finalize the abandonment of any existing COA 20 public utilities easements to the satisfaction of the Department of Public Works, ' Public Utilities Development Services Division and the Public Utilities Department, Electrical Electrical Engineering Division. That the property is to be served with underground utilities per the Electrical COA 21 Rates, Rules, and Regulations. Public Utilities Electrical That any required relocation of City electrical facilities shall be at property COA 22 owner/developer s expense per the Electrical Rates, Rules, and Regulations. Public Utilities Electrical That plans shall show the location and required landscape and/or handscape COA 23 screening of all pad-mounted equipment, Public Utilities Electrical That plans shall demonstrate that all above-ground utiliTy devices shall be located COA 24 on private property and outside any required setback areas unless otherwise Public Utilities permitted by Code. Electrical That plans shall show how emergency vehiculaz access will be provided and COA 25 maintained in accordance with Fire Department Specifications and Requirements. Fire That prior to issuance of the first building permit, or prior to delivery of COA 26 combustible materials for construction of buildings, whichever occurs first, Fire property owner/developer shall complete all necessary water facilities to provide the fire flows required by the Fire Department. Said information shall be specifically shown on plans submitted for building permits. That prior to issuance of the first building pemrit and prior to commencement of COA 27 structural framing, fire hydrants shall be installed and charged as required by the Fire Fire Department and shall meet minimum Fire Department Specifications and Re uirements fors acing, distance to structure and available fire flow. Said -8- PC2008-*** COA/ Responsible for MMP Conditions of Approval Monitoring information shall be specifically shown on plans submitted for building permits. COA 28 That all existing water services and fire lines shall conform to current Water Services Standards Specifications. Any water service and/or fire line that does Public Utilities not meet current standazds shall be upgraded if continued use is necessary or Water abandoned if the existing service is no longer needed. Property owner/developer shall be resppnsible for the costs to upgrade or abandon any water service or fire line, COA 29 That property owner/developer shall irrevocably offer to dedicate to the City of Anaheim an easement on owner's Property for all lazge domestic water meters, Public Utilities including a five (5) foot wide easement around the water meter pad, a twenty (20) Water foot wide easement for all water service laterals, and an easement for other public water facilities to the satisfaction of the Water Engineering Division of the Public Utilities Department: The requirements and easement notes of the Public Utilities Department, Water Engineering Division shall be included in all easement dedications/deeds for water facilities. That because this project has a landscaping area exceeding 2,500 squaze feet, COA 30 plans shall specifically show that a sepazate irrigation meter shall be installed in Public Utilities compliance with City Ordinance No. 5349 and Chapter 10.19 of the Anaheim Water Municipal Code. Said information shall be specifically shown on plans submitted for building permits. Plans submitted for building permits shall include a note that property owner/developer shall install the required meter and backflow device prior to the first final building and zoning inspection: COA 31 . That prior to submitting an application for water meters, fire lines or water improvement plans for approval, whichever occurs first, owner shall submit to the ' Public Utilities Public Utilities Department, Water Engineering Division, an estimate of the' Water maximum fire flow rate and maximum day and peak hour water demands for the entire 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 be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. COA 32 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 Public Utilities processed through and approved by the Public Utilities Department, Water Water Engineering Division. COA 33 That prior to issuance of a building permit or approval of a grading plan, whichever occurs first, plans shall demonstrate that all existing water services and Public Utilities fire lines shall conform to current Water Utility Standards to the satisfaction of -9- PC2008-*** COA/ Responsible for MMP Conditions of Approval Monitoring the Public Utilities Department, Water Engineering Division. Any existing water Water services and/or fire lines that aze not approved by the Utility for continued use shall be upgraded to current standazds, or abandoned, if no longer needed, by the property owner/developer prior to issuance of a building permit or approval of the grading plan, whichever occurs first... - COA 34 That plans shall be submitted for approval by the Public Utilities Department, Public Utilities Water Engineering Division and the Cross Connection Control Inspector demonstrating that all backflow equipment shall be located above ground outside Water of the street setback azea in a manner fully screened from all public streets and alleys in locations approved by the Water Engineering Division of the Public Utilities Department and the Planning Department. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other lazge water meter system equipment shall be installed to the satisfaction of the Public Utilities Departrnent, Water Engineering Division above ground and outside of the street setback azea on private property in an easement, in a manner fully screened through landscaping from all public streets and alleys. COA 35 That plans submitted for building permits shall indicate trash storage areas in a Public Works location acceptable to the Public Works Department, Streets and Sanitation Division, as depicted in the approved Final Site Plan. COA 36 That property owner/developer shall submit a final written solid waste Public Works management plan signed by the owner to the Streets and Sanitation Division of the Public Works Department for review and approval. The property owner shall then operate in accordance with the approved written solid waste management plan, as it may be modified by owner from time to time subject to written approval by the Director of Public Works. Said solid waste management plan shall be incorporated into the recorded CCBcRs for the Property required pursuant to conditions contained herein. COA 37 That plans shall indicate that all driveways shall be constructed with ten (10) foot Public Works radius curb returns as required by the City Engineer in conformance with applicable City of Anaheim, Department of Public Works, Standazd Plans and Details. COA 38 That the City of Anaheim Storm Drain Impact Fee for the Anaheim Resort Area and Public Works South Central Area shall be paid. That plans shall show that all proposed water vaults, telecommunication utilities, COA 39 and all other above-ground utilities shall be located behind the setback and fully Planning screened as required by Code or integrated within the proposed buildings. -10- PC2008 *** COA/ Responsible for MMP Conditions of Approval Monitoring COA 40 That prior to the issuance of building permits for the pazking structure, plans shall show that all necessary columns are provided and that the striping/layout meets Planning all Code requirements. COA 41 That the pazking areas shall be constructed so that there will be sufficient parking spaces available within the Property to serve the Project, as depicted and Planning substantially in conformance with the Final Site Plan. Prior to commencement of construction of the first building within the Project, owner shall restrict the use of the Pazking Areas to tenants, visitors, patrons, invitees. and other users of the Permitted Development and shall record a covenant against the Property in a form approved by the City Attorney stating that the use of the Pazking Areas shall be limited in that manner: COA 42 That plans submitted for building permits shall contain a note that there shall be no public telephones on the property that are located outside the building. PoliceBuilding That plans submitted for building permits shall indicate that all doors serving COA 43 subject restaurantshall conform to the requirements of the Uniform Fire Code and shall be kept closed at all times during the operation of the premises except PoliceBuilding for ingress/egress, permit deliveries and incases of emergency. That plans submitted for building permits shall show lighting to be directed, COA 44 positioned and shielded in such a manner so as not to unreasonably illuminate the PoliceBuilding windows of nearby residences. That plans submitted for building permits shall show that the parking structure COA 45 serving the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appeazance and conduct of all persons policeBuilding on or about the pazking lot. That the property owner/developer shall submit a letterto the Planning COA 46 Department, Planning Services Division7equesting the termination of Vaziance Planning No. 3687. That an automatic fire sprinkler system shall be designed, installed and COA 47 maintained as required by the Fire Department. Said information shall be Fire specifically shown on plans submitted for building permits. Provisions for continued maintenance of the fire sprinkler system shall be included in the recorded CC&Rs for the project pursuant to the conditions contained herein. That a fire alarm system shall be designed, installed and maintained as required COA 48 by the Fire Department. Said information shall be specifically shown on plans Fire submitted for building ermits: Provisions for continued maintenance of the fire -I1- PC2008-*** COA/ Responsible for MMP Conditions of Approval Monitoring alarm system shall be included in the recorded CC&Rs for the project required pursuant to the conditions contained herein. That pazkway landscaping and sidewalk shall be constructed with the pazkway COA 49 irrigation connected to the City's irrigation system, tlnaheim Resort Public Works Maintenance. A bond shall be posted in an amount approved by the City Engineer and a form approved by the City Attorney prior to issuance of a building permit. A Right of Way Construction Pernut shall be obtained from the Development Services Division for .all work performed in the right-of--way. The improvements shall be constructed prior to final building and zoning inspections. That plans submitted for building permits shall include a note that prior to final COA 50 building and zoning inspection, fire lanes shall be posted with "No Parking Any Public Works Time." Said information shall be specifically. shown on plans submitted for building permits. That plans submitted for building permits shall include a note that on-going COA 51 during project operation, no required pazking areas shall be fenced or otherwise Code enclosed for outdoor storage uses. Enforcement That plans submitted for building pemuts shall include a note that ongoing during COA 52 construction, emergency contact information including contact name and phone Planning number shall be posted on the project site. Said information shall be indicated on plans submitted for building pernuts. That property owner/developer shall provide the City of Anaheim with a public COA 53 utilities easement (per final electrical design), along/across high voltage lines, low Public Utilities voltage lines crossing private property, and azound atlped-mounted transformers, switches, capacitors, etc. on owner's Property.. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. That property owner/developer shall, to the satisfaction of the COA 54 Deparhnent of Public Works, Development Services Division: Public Works ® Demonstrate that all structural BMP's described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications; and ® Demonstrate that the OWNER is prepazed to implement all non- structural BMP's described in the Project WQMP;and ® Demonstrate that an adequate number of copies of the approved Project WQMP are available on-site; and ® Submit for review and a royal by the City an O eration and -12- PC2008-*** COA/ Responsible for MMP Conditions of Approval Monitoring Maintenance Plan for all structural BMPs. That it is the responsibility of the owner to remove and relocate any traffic signal COA 55 poles and equipment at the intersecfion of Hotel Way and Hazbor Boulevard as Public Works determined necessary by the City Engineer at the properly owner/developer's expense. ~~ -; ., .a i .. _v ..ut s, ~W-. .v of ... That owner shall submit a Water Quality Management Plan to the COA 56 Public Works Department, Development Services Division for review Public Works and approval that ® Addresses Situ Design Best Management Pracfices (BMP'sj such as minimising impervious azeas, maximizing permeability, mini*ni~ing duectly connected impervious areas, creating reduced or "zero discharge" azeas, and conserving natural azeas; ® Incorporates the applicable Routine Source Control BMP's as defined in the Drainage Area Management Plan (DAMPj; ® Incorporates Treatment Control BMP's as defined in the DAMP; ® Describes the long-term operation and maintenance requirements for the Treatment Control BMP's; ® Identifies the enfity that will be responsible fof long-term' operation and'maintenance of the Treatment Control BMP's, and describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMP's; and ® Ensures implementation of the Water Quality Management Plan during on-going grading operations... ti !R8 . '.~. ` That prior to issuance of any sign permit, owner shall submit a coordinated sign Plamm~g COA 57 program to the Planning Department for review and approval by the Planning Commission as a Reports and Recommendations item. That during construction, anal]-weather. access road as approved by the Fire Fire COA 58 Department shall be provided. -13- PC2008-*** COA/ Responsible for MMP Conditions of Approval Monitoring That any and all security officers provided shall comply with all State and Local COA 59 ordinances regulating their services, including, without limitation, Chapter 11.5 Police/Code of Division 3 of the California Business and Profession Code. (Section 4.16.070 Enforcement Anaheim Municipal Code). That property owner/developer shall be responsible for compliance with all mitigation measures within the assigned time frames and any duect costs COA 60 associated with Mitigation Monitoring Plan No. 154 as established by the City of Planning Anaheim and as required by Section 21081.6 of the Public Resources Code to ensure implementation of those identified mitigation measures. The activities occurring in conjunction with the operation of this establishment Police/Code COA 61 shall not cause noise disturbance to surrounding properties. Enforcement COA 62 That at all times when the premise is open for business, valet pazking service Code shall be provided. Enforcement That at all times when the premise is open for business, the premise shall be police/Code COA 63 maintained as a bona fide restaurant and shall provide a menu containing an Enforcement assortment of foods normally offered in such restaurant.... That on-going during projecYoperation, the property shall be permanently. COA 64 maintained in an orderly fashion through the provision of regulaz landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty- Code four (24) hours from the time of discovery. Enforcement That timing for compliance with conditions of approval may be amended by the COA 65 planning Director upon a showing of good causeprovided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) planning the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development: That subject property shall be developed substantially in accordance with plans COA 66 and specifications submitted to the City of Anaheim by project applicant and which plans aze on file with the Planning Departrnent mazked Exhibit Nos. 1 Planning through 33 of Conditional Use Permit No. 2007-05242, and as conditioned herein. That approval of this application constitutes approval of the proposed request COA 67 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 Planning -14- PC2008-*** COA/ Responsible for MMP Conditions of Approval Monitoring include any action or findings as to compliance or approval of the request regazding any other applicable ordinance, regulation or requirement. That extensions for further time to complete conditions of approval may be COA 68 granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. Plannin g That this Conditional Use Permit No. 2007-05242 is granted expressly Planning COA 69 conditioned upon approval of General Plan Amendment No. 2007-00462, Reclassification No. 2007-00210, Specific Plan Amendment No. 2007-00049, Tentative Tract Map No. 17219, Tentative Pazcel Map No. 2007-16 and Final Site Plan No. 2007-00010. -15- PC2008-*** ~nRaFT~ ATTacxlv~>ErrT Ivo. 6 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR TENTATIVE TRACT MAP NO. 17219 BE GRANTED (2232 SOUTH HARBOR BOULEVARD) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Tentative Tract Map No. 17219 for certain real property situated in The Anaheim Resort azea of the City of Anaheim, County of Orange, State of California, as more particulazly described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, Tentative Tract Map No. 17219 is proposed in connection with General Plan Amendment No. 2007-00462, Reclassification No. 2007-00210, Specific Plan Amendment No. 2007-00049, Conditional Use Permit No. 2007-05242, Final Site Plan No. 2007-00010 and Tentative Pazcel Map No. 2007-163 to constmct a mixed use project consisting of a 105-room hotel on the western 1.5-acre portion of the project site adjacent to Hazbor Boulevazd, and a 191-unit, condominium complex, including nine live/work units, on the eastern 3.3-acre portion of the project site (herein collectively referred to as the "proposed project .actions"); and WHEREAS, Tentative Tract Map No. 17219 is proposed to establish a 191-unit condominium complex on the eastern 3.3-acre portion of the subject property; and WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Anaheim Civic Center; Council Chamber, 200 South Anaheim Boulevazd, on January 7, 2008, 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 heaz and consider evidence for and against said proposed project actions, including Tentative Tract Map No. 17219, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Conunission, 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: I. That the proposed tentative tract map, including its design and improvements, is consistent with the proposed Mixed Use land use designation in the General Plan pursuant to Genera] Plan Amendment No.2007-00462, now pending, and proposed Mixed Use Overlay (RM-4 (MU) Overlay) zoning pursuant to Reclassification No. 2007-00210, now pending. 2. That the site is physically suitable for the proposed type of development at the proposed density and therefore would not cause public health or safety problems or environmental damage. 3. That *** indicated their presence at said public heazing in opposition; and that *** letters were received in opposition to the subject petition. -1- PC2008-*** CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal and does hereby approve the Mitigated Negative Declazation and the associated Mitigation Monitoring Plan No. 154 upon finding that the declazation reflects the independent judgment of the lead agency and that it has considered the Mitigated Negative Declazation 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 Tentative Tract Map; and, upon the conditions attached hereto as Exhibit "B" and incorporated herein by this reference, 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: 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 declazed invalid or unenforceable by the fmal 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 approval of the final map for this project, whichever occurs first. Failure to pay all chazges shall result in delays in the approval of the final map or the revocation of the approval of this application. -2- PC2008-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 7, 2008. 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. CIIAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted of a meeting of the Anaheim Planning Commission held on January 7, 2008, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERSi IN WITNESS WHEREOF, I have hereunto set my hand this day of 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2008-*** EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY PARCEL L• PARCEL 2 OF PARCEL MAP NO. 79-279, AS SHOWN BY MAP ON FILE IN BOOK 143 PAGES 34 AND 35 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL 2: ANON-EXCLUSIVE EASEMENT FOR PARKING PURPOSES ON PARCEL 1 AS SHOWN ON LOT LINE ADJUSTMENT PLAT NO. 75 RECORDED IN BOOK 13913, PAGES 1132 AND 1133 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. SAID LAND IS ALSO KNOWN AS A PORTION OF PARCEL 1 AS SHOWN ON PARCEL 1 OF PARCEL MAP 80-238, AS FILED IN BOOK 145, PAGES 37 AND 38 OF PARCEL MAPS IN THE COUNTY OF ORANGE, AS MORE PARTICULARLY SET FORTH IN THAT CERTAIN RECIPROCAL PARKING AGREEMENT DATED APRIL 16, 1981 AND RECORDED MAY 1, 1981 IN BOOK 14042, PAGES 1527 OF OFFICIAL RECORDS, TOGETHER WITH THE PERPETUAL, NON-EXCLUSIVE RIGHT OF ACCESS OVER AND ACROSS SAID PARCEL 1 FOR THE PURPOSE OF CIRCULATION OF TRASH TRUCKS AND VEHICLES. PARCEL 3: NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS, AS SET FORTH IN THAT CERTAIN DOCUMENT ENTITLED `INGRESS AND EGRESS EASEMENT DEED RECORDED DECEMBER 1, 2000 AS INSTRUMENT N0.20000653858 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID STRIP BEING DESCRIBED AS THE NORTHERLY 30 FEET OF THE EASTERLY 36 FEET OF THE WESTERLY 54 FEET. THE TERMS AND CONDITIONS OF SAID EASEMENT ARE OUTLINED IN THAT CERTAIN AGREEMENT RECORDED NOVEMBER 22, 2000 AS INSTRUMENT NO.00-637963 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. -4- PC2008-*** EXIiIBIT "B„ __ TEN'TAT'IVE '1'12ACT MAP IVO. 17219 Conditions of Approval " " COA/ Responsible MMF for Conditions of Approval... Monitoring x ~ v-t',~`.F<'a ~~ 'lfae.r'~/~P3'E.a~' ?s ~k'i~,~ ~~~y~dr .~'as~3 ;w+3 '~w ,~ 2 '~"~`~°" "'u~ x~$E',~=`~~."$~'' ~~ ~.: ~L~~~ ~ ~ ~.st= ~u ~k"`r~ ~-yi s ~ .~%° ~.,:~` „ E ~ ~~'~ ~ ". ~i:'~ ~ fu .~ ro"~v'~~~.s'`.~h~~:k: a'`a~: . ;;s ''"~ : 5"•E: "~ zd ~ 2~" "~ ~ ~ ~ .. , ,. v , . , . ~,&~. w . sa a r, ,. COA 1 The legal property owner shall execute a Subdivision Agreement, in a form approved by the City Attorney, to complete the required public improvements at the legal pW _Dev property owner's expense. Said agreement shall be submitted to the Public Works Svcs Department/Development Services Division approved by the City Attorney and City Engineer and then recorded concurrently with the Final Tract Map. COA 2 That property owner/developer shall be responsible for ensuring that all existing structures within the boundaries of the Final Tract Map shall be demolished. The Building property owner/developer shall obtain a demolition permit from the Building Division of the Planning Department. Plans submitted for the demolition permit pW _ shall include a demolition recycling plan which has been reviewed and approved by Sanitation the Public Works Department, Streets and Sanitation Division. The demolifion recycling plan shall indicate type of material to be demolished, anticipated tonnage diverted and anticipated tonnage landfilled. Inert demolition material (dirt, concrete, masonry, asphalt, etc.) shall be disposed of in an inert reclamation site, or diverted by other means rather than landfilled. COA 3 That sanitary sewer, private streets within the development, and storm drains for this development shall be privately maintained by property owner/developer prior to the pW _Dev approval of the CC&Rs as required above. Svcs COA 4 That all pazcels shall be assigned street addresses by the Building Division. Building COA 5 That street names for new private streets shall be reviewed and approved. Building That the property owner/developer shall submit a maintenance covenant (the "Covenant") to be approved as to form by the City Attorney's Office. The Covenant shall include provisions for maintenance of public and private facilities, including COA 6 compliance with an approved Water Quality Management Plan, and a maintenance pW _Dev exhibit showing the boundaries of the maintenance azea. The covenant shall be Svcs recorded concurrently with the final map. -5- PC2008-*** COA/ Responsible MMP for Conditions of Approval Monitoring x~ ~~NEle~~ ~ ~ ~~ ~ ~ ~",„ ri ~ x ~ ri ~ +~ ~ ~ ~ ~~~ ~-~~~ , x " ~ ~. ~~ ' a^¥ 1' ~h~ ~S~S~`~1~ ~ ue ' ~ ET ~ ,P, ..e .f c .. e . d ~ .. /.s . l ad.Ni4 ~ .a. ,~~ ~ ~ That this is Tentative Tract Map No. 17219 is granted expressly conditioned upon Pl COA 7 approval of General Plan Amendment No. 2007-00462, Reclassification No. 2007- anning 00210, Specific Plan Amendment No. 2007-00048, Tentative Pazcel Map No. 2007- 16, Conditional Use Pemut No. 2007-05242 and Final Site Plan No. 2007-00010. That a final tract map shall be submitted to and approved by the City of Anaheim COA 8 and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder. That property owner/developer shall be responsible for compliance with all COA 9 mitigation measures within the assignedtime frames and any direct costs associated Planning with Mitigation Monitoring Plan No. 154 as established by the City of Anaheim and as required by Section 21081.6 of the'Public Resources Code to ensure implementation of those identified mitigation measures: 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 COA 10 other applicable City, State and Federal regulations. Approval does not include any Planning action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 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 COA 11 established that satisfies the original intent and purpose of the condition(s), (ii) the planning modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress towazd establishment of the use or approved' development. That extensions for further time to complete conditions of approval may be granted Pl COA 12 ~ accordance with Section 18.60.170 of the Anaheim Municipal Code.. anning -6- PC2008-*** COA/ MMP Conditions of Approval Responsible for Monitoring COA 13 That prior to the earlier of the conveyance of the first unit or the first final building and zoning inspection, whichever occurs first, the property owner/developer shall public execute and record with the Orange County Recorder a declazation of covenants, Works conditions .and restrictions ("CC&R") satisfactory to the California Department of Real Estate creating maintenance obligations, including compliance with the approved Water Quality Management Plan, and to establish a financial mechanism or financial mechanisms to maintain all of the building exteriors and improvements located on the property except for azeas designated for maintenance by the individual owner of the unit as specified in the CC&R's. -7- PC2008-*** ~nxAFT~ aTTACxMErrT rlo. 7 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR TENTATIVE PARCEL MAP NO. 2007-163 BE GRANTED (2232 SOUTH HARBOR BOULEVARD) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Tentative Pazcel Map No. 2007-163 for certain real property situated in The Anaheim Resort azea of the City of Anaheim, County of Orange, State of California, as more particulazly described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, Tentative Pazcel Map No. 2007-163 is proposed in connection with General Plan Amendment No. 2007-00462, Reclassification No. 2007-00210, Specific Plan Amendment No. 2007-00049, Conditional Use Permit No. 2007-05242, Final Site Plan No. 2007- 00010 and Tentative Tract Map No. 17219 to construct a mixed use project consisting of a 105- room hotel on the western 1.5-acre portion of the project site adjacent to Hazbor Boulevard, and a 191-unit, condominium complex, including nine live/work units, on the eastern 3.3-acre portion of the project site (herein collectively referred to as the "proposed project actions"); and WHEREAS, Tentative Pazcel Map No. 2007-163 is proposed to establish a 2-lot. subdivision to sepazate the commercial and residential land uses to develop a 102-room hotel on the western 1.5-acre portion of the subject property and a 191-unit condominium complex on the: eastern 3.3-acre portion of the subject property; and WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevazd, on January 7, 2008, 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 project actions, including Tentative Pazcel Map No. 2007-163, and to investigate and make fmdings and recommendations in connection therewith; and WHEREAS, said Commission, a$er 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 tentative parcel map, including its design and improvements, is consistent with the Commercial Recreation land use designation for the western 1.5-acre portion of the subject property and the proposed Mixed Use land use designation in the General Plan pursuant to General Plan Amendment No. 2007-00462, now pending, and proposed Mixed Use Overlay (RM-4 (MU) Overlay) zoning pursuant to Reclassification No. 2007-00210, now pending, for the eastern 3.3-acre portion of the subject property. 2. That the site is physically suitable for the proposed type of development at the proposed density and therefore would not cause public health or safety problems or environmental damage. -1- PC2008-*** 3. That *** indicated their presence at said public hearing in opposition; and that *** letters were 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 Mitigated Negative Declazation and the associated Mitigation Monitoring Plan No. 154 upon finding that the declazation reflects the independent judgment of the lead agency and that it has considered the Mitigated Negative Declazation together with any commentsxeceived 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 Tentative Pazcel Map; and, upon the conditions attached hereto as Exhibit "B" and incorporated herein by this reference, 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: 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 declazed 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 approval of the fmal map for this project, whichever occurs first. Failure to pay all charges shall result in delays in the approval of the final map or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 7, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -2- PC2008-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 January 7, 2008, 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 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2008-*** ~_ IT A The Anaheim ResortT"" Boundary ~ ~ ~----- - --- j~_ Sr ~ e ~P ~ S ~` wrr a Xt '' r. ~ .~ ~ ~~~ ~ ~ , - r ~ ~ , ~ E o rfr r ~ y ~ 7 X 1 ~ N E I i PY ~ Y t1~~~ , 0 f rUy j n N i i v a d# ~ (,J ~ ~r~ ~ ~d ~ ~~ ~ r~ ~ ~ ~ ` _ \ \ C ~ ~ Y b ~'t, r c sue'" ~~J A ~ ~ \ ® "s~l .,' 9 "'~ 5 \ _ v } X > ~ ) r Z z, ~~ r r----~ ~ ~ ~ ~~ z { ~" "9 ~ !+~ '' ~ n , vy, a x'? „ ~~ I~~ W h I N ^: ~~ ~,~M1v, °,,,-, .. .. x'L . x 0 ® . 376 ' ---~ m ® 0 m 0 o ~ ~ ~ Tenative Tract Map No. 17218 ~~ Subject Pro ert ~,,~, p y Date: January 7, 2008 2230 South Ha rbor Boulevard zssa EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY PARCEL 1: PARCEL 2 OF PARCEL MAP NO. 79-279, AS SHOWN BY MAP ON FILE IN BOOK 143 PAGES 34 AND 35 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL 2: ANON-EXCLUSIVE EASEMENT FOR PARKING PURPOSES ON PARCEL 1 AS SHOWN ON LOT LINE ADNSTMENT PLAT NO. 75 RECORDED IN BOOK 13913, PAGES 1132 AND 1133 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. SAID LAND IS ALSO KNOWN AS A PORTION OF PARCEL i AS SHOWN ON PARCEL 1 OF PARCEL MAP 80- 238, AS FILED IN BOOK 145, PAGES 37 AND 38 OF PARCEL MAPS IN THE COUNTY OF ORANGE, AS MORE PARTICULARLY SET FORTH IN THAT CERTAIN RECIPROCAL PARKING AGREEMENT DATED APRIL 16, 1981 AND RECORDED MAY 1, 1981 IN BOOK 14042, PAGES 1527 OF OFFICIAL RECORDS, TOGETHER WITH THE PERPETUAL, NON- EXCLUSIVERIGHT OF ACCESS OVER AND ACROSS SAID PARCEL 1 FOR THE PURPOSE OF CIRCULATION OF TRASH TRUCKS AND VEHICLES. PARCEL 3: NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS, AS SET FORTH IN THAT CERTAIN DOCUMENT ENTITLED `INGRESS AND EGRESS EASEMENT DEED RECORDED DECEMBER 1, 2000 AS INSTRUMENT NO. 20000653858 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID STRIP BEING DESCRIBED AS THE NORTHERLY 30 FEET OF THE EASTERLY 36 FEET OF THE WESTERLY 54 FEET. THE TERMS AND CONDITIONS OF SAID EASEMENT ARE OUTLINED IN THAT CERTAIN AGREEMENT RECORDED NOVEMBER 22, 2000 AS INSTRUMENT NO. 00-637963 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. -4- PC2008-*** E IT ~aBee TEN'TATI~ PAI2CEI. NYAP N®. 2007-163 Conditions of Approval COA/ Responsible for MMP Conditions of Approval Monitoring COA 1 The legal property owner shall execute a Subdivision Agreement, in a form approved by the City Attorney, to complete the required public improvements at the legal property PW owner's expense. Said agreement shall be submitted to the Public Works Development Departrnent/Development Services Division approved by the City Attorney and City Services Engineer and then recorded concurrently with the Final Pazcel Map.. That property owner/developer shall be responsible for ensuring that all existing COA 2 structures within the boundaries of the Final Parcel Map shall be demolished. The Building property owner/developer shall obtain a demolition permit from the Building Division of the Flanning Department. Plans submitted for the demolition pemut shall include a pW _ Sanitation demolition recycling plan which has been reviewed and approved by the Public Works Department, Streets and Sanitation Division. The demolition recycling plan shall indicate type of material to be demolished, anticipated tonnage diverted and anticipated tonnage landfilled. Inert demolition material (dirk, concrete, masonry,' asphalt, etc.) shall be disposed of in an inert reclamation site, or diverted by other means rather than landfilled. COA 3 That sanitary sewer, private streets within the development, and storm drains for this development shall be privately maintained by property owner/developer prior to the PW approval of the CC&Rs required herein. Development Services COA 4 ThaPall pazcels shallbe assigned street addresses by the Building Division. Building That street names for new private streets shall be reviewed and approved. COA 5 Building COA 6 That the Final Pazcel Map shall encompass the entire 4.8-acre project site and shall include irrevocable offers of dedication, includin necess g ary construction easements and PW easements for street, public utility and other public purposes, for the ultimate right-of- Development way improvements for the project site frontage along Hazbor Boulevazd. Irrevocable Services offers of dedication shall be made prior to recordation of the Final Parcel Map. -5- PC2008-*** COA/ Responsible for MMP Conditions of Approval Monitoring That the property owner/developer shall submit a maintenance covenant (the COA 7 "Covenant") to be approved as to form by the City Attorney's Office. The Covenant P W shall include provisions for maintenance of public and private facilities, including Development compliance with an approved Water Quality Management Plan, and a maintenance Services exhibit showing the boundaries of the maintenance azea. The covenant shall be recorded concurrently with the final map. That the property owner/developer shall submit mass grading, street, sewer, storm COA 8 drain and landscape (including street tree and shrubs) improvement plans for the public improvements along Katella Avenue prepazed to the satisfaction of the City Development Engineer. Services Improvement bonds shall be posted in amounts approved by the City Engineer and a COA 9 form approved by the City Attorney prior to approval of the Final Pazcel Map.. Development Services That vehiculaz access rights to Hazbor Boulevard, except at street intersections, shall COA 10 ' be released and relinquished to the City of Anaheim. PW Development Services That the Final Pazcel Map shall indicate that any existing City of Anaheim public C OA 11 ufility easements that conflict with potential building footprints shall be abandoned. Electrical a' ~"~ d - ~~, t ~ .p"~. .~~ . f . ~'.~k', e ~ ~ ~7~ m ~.;~ e.`n Ui3k3.F3fY ~ 7 ~v "~ ~ That this is Tentative Pazcel Map No. 2007-16 is granted expressly conditioned upon COA 12 approval of General Plan Amendment No. 2007-00462, Reclassification No. 2007- Planning 00210, Specific Plan Amendment No. 2007-00048, Tentative Tract Map No. 17219, Conditional Use Pemut No. 2007-05242 and Final Site Plan No. 2007-00010. That a final pazcel map shall be submitted to and approved by the City of Anaheim COA 13 !and the Orange County Surveyor and then shall be7ecorded in the Office of the PW - Orange County Recorder. Development Services -6- PC2008-*** COA/ Responsible for MMP Conditions of Approval Monitoring COA 14 That property owner/developer shall be responsible for compliance with all mitigation measures within the assigned time frames and any direct costs associated with Planning Mitigation Monitoring Plan No. 154 as established by the City of Anaheim and as required by Section 21081.6 of the Public Resources Code to ensure implementafion of those identified mitigation measures. COA 15 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 Planning applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regazding any other applicable ordinance, regulation or requirement. COA 16 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 Planning 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. COA 17 That extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code.. Planning COA 18 That prior to the earlier of the conveyance of the first unit or the first final building and zoning inspection, whichever occurs first, the property owner/developer shall PW execute and record with the Orange County Recorder a declazation of covenants, Development conditions and restrictions ("CC&R") satisfactory to the California Department of Services Real Estate creating maintenance obligations, including compliance with the approved Water Quality Management Plan, and to establish a financial mechanism or financial mechanisms to maintain all of the building exteriors and improvements located on the property except for areas designated formaintenance by the individual owner of the unit as specified in the CC&R's. -7- PC2008-*** [i)RAFT] ATTACHMENT NO. 8 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION GRANTING FINAL SITE PLAN N0.2007-00010 (2232 SOUTH HARBOR BOULEVARD) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for a Final Site Plan for certain real property situated in The Anaheim Resort azea of the City of Anaheim, County of Orange, State of California, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, Final Site Plan No. 2007-00010 is proposed in connection with General Plan Amendment No.2007-00462; Reclassification No. 2007-00210, Specific Plan Amendment No. 2007-00049, Conditional Use Permit No. 2007-05242, Tentative Tract Map No, 17219 and Tentative Fazcel Map No. 2007-163 to construct a mixed use project consisting of a 105-room hotel on the western 1.5-acre portion of the project site adjacent to Hazbor Boulevazd, and a 191-unit, condominium complex, including nine live/work units, on the eastern 3.3-acre portion of the project site (herein collectively referred to as the "proposed project actions"); and WHEREAS, Final Site Plan No. 2007-00010 is proposedto provide for the development of the 102-room hotelwith 14,714 square feet of accessory uses; and WHEREAS, the Anaheim Planning Commission did hold a public heazing at the Anaheim Civil Center, Council Chamber; 200 South Anaheim Boulevazd, on January 7, 2008, 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 heaz and consider evidence for and against said proposed project actions; including Final Site Plan No. 2007- 00010, 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 heazing, does find and determine the following facts: 1. That the request to develop a 102 room hotel with accessory commercial uses on the western 1.5-acre portion of the project site complies with the Anaheim Resort Specific Plan (SP92- 2) requirements including zoning and development standazds and the Anaheim Resort Design Plan. 2. That the hotel project is proposed as part of a mixed use project consisting of the hotel on the western 1.5-acre portion of the project site and a 191-unit condominium complex on the eastem 3.3-acre portion of the project site and that the mixed use project has been appropriately designed to promote increased pedestrian activity, efficient internal pedestrian and vehiculaz circulation, and recreational activity for both visitors and residents. Moreover, the project has been designed to ensure that the hotel and condominium buildings aze well articulated, adequate privacy and light is provided for the residential units, and that the hotel facade would have an amactive appeazance from Hazbor Boulevard to achieve a good project designed to preserve and enhance The Anaheim Resort. -1- PC2008 *** 6. That *** indicated their presence at said public hearing in opposition; and that *** letters were received expressing concerns with the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal and does hereby approve the Mitigated Negative Declaration and the associated Mitigation Monitoring Plan No. 154 upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Mitigated Negative Declazation 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 dyes hereby approve Final Site P1anNo. 2007-00010, unconditionally, and 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: AND BE IT FURTHER RESOLVED that the property owner/developer is responsible for paying all chazges7elated to the processing of this discretionary case application within 15 days of the issuance of the final invoice, prior to the issuance of building permits or commencement of activity for this project, whichever occurs first. Failure to pay all chazges 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 bf January 7, 2008: Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal., CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: .SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -2- PC2008-* STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 January 7, 2008, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 1N WITNESS WHEREOF, I have hereunto set my hand this day of .2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2008-*** EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY PARCEL L• PARCEL 2 OF PARCEL MAP NO. 79-279, AS SHOWN BY MAP ON FILE IN BOOK 143 PAGES 34 AND 35 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL 2: ANON-EXCLUSIVE EASEMENT FOR PARKING PURPOSES ON PARCEL 1 AS SHOWN ON LOT LINE ADNSTMENT PLAT N0.75 RECORDED IN BOOK 13913, PAGES 1132 AND 1133 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. SAID LAND IS ALSO KNOWN AS A PORTION OF PARCEL 1 AS SHOWN ON PARCEL 1 OF PARCEL MAP 80- 238, AS FILED IN BOOK 145, PAGES 37 AND 38 OF PARCEL MAPS IN THE COUNTY OF ORANGE, AS MORE PARTICULARLY SET FORTH IN THAT CERTAIN RECIPROCAL PARKING AGREEMENT DATED APRIL 16, 1981 AND RECORDED MAY 1, 1981 IN BOOK 14042, PAGES 1527 OF OFFICIAL RECORDS, TOGETHER WITH THE PERPETUAL, NON- EXCLUSIVE RIGHT OF ACCESS OVER AND ACROSS SAID PARCEL 1 FOR THE PURPOSE OF CIRCULATION OF TRASH TRUCKS AND VEHICLES. PARCEL 3: NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS, AS SET FORTH IN THAT CERTAIN DOCUMENT ENTITLED `INGRESS AND EGRESS EASEMENT DEED RECORDED DECEMBER 1, 2000 AS INSTRUMENT N0.20000653858 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID STRIP BEING DESCRIBED AS THE NORTHERLY 30 FEET OF THE EASTERLY 36 FEET OF THE WESTERLY 54 FEET. THE TERMS AND CONDITIONS OF SAID EASEMENT ARE OUTLINED IN THAT CERTAIN AGREEMENT RECORDED NOVEMBER 22, 2000 AS INSTRUMENT NO. 00-637963 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. -4- PC2008-*** gg w s aa gg aa ppgg gg gg eg~ 3c a~ 8ags9~ gel R3Aaca~ ~~~~~ j:_ ~ 9 Q 9 c ee•_•: a~55}i 5 9 eS~~6e ~SeSd d e ~e6~ 4i E, "' oy ° 0 ee: a.• :eeei 2 4 E°E q~7E9 3° 9; ~~~~~~ ~ ° `333 ~ °-- a®®a ,~ ~a !~ 3 - 6i. e ~ E °~. ~~ ° pp~gg~g~5yy~ pp~W~ °~@g4~s gg €~~~ ~g§ ~~ yg3p~l~ ~' pgg~ ~ ~° ~~ ~ ~`ya ~yy~yy~~~~ s 959~~YE 6@~ ~~Bi~€Ek ;gg9~~~~ ~W ~~ '79E~~ W3 ~B2W~ E ~~ ~;~ o W~fi ~ E~~~~E ~ E~ ~•, 6tl ~ ~ 4 ~ ~ ~ ~ ~9~ a a x ~~~~r o ....._ ..d~,. a ~~ ~I