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PC 2008/02/20aoP'~SOOZZO)\sepua6y adW!wPH ad\SOOl\~H ;au~wiayeue uo~ss~wwoo u~uue~ ssaippe\iew•a 6uimopo; aye 6uisn uoissiwwop 6uiuue~d aye ~o; a6essaw a anew Rew no,\ ;uawwnofpy swa;~ 6uueaH oygnd ~epua~e~;uasuo~ s;uawwo~ oi~gnd aauei6apy }p a6pald 'W'd 0£~Z 6uueaH a~~gnd of auanuoaab 6uueaH a~~gnd of ssaoaa a;epd~;uawa13 BuisnoH ue~d ~e~aua~ ayl uo doys~~o~ epua6e gOOZ 'OZ tieruga~ ay; uo swa;i ~o} n~ainaH ue~d tieuiwi~a~d (uoissiwwo~ 6wuue~d ~Cq pa;sanba~ sy) sanssi pue s;uawdo~anap ~!~ snouen uo uoissiwwo~ o; a;epdn }}e;g 'W'd OE~4 nnainaa ue~d tieu~wi~a~d aapa0 0l Iles zanbse~a/~;ed `aawoy ~(~ued gassae~ uayda;g `uew;set ~ie~ '~enrue6y ~a;ad s~auoissiwwo~ ~~e~e}~ ydaso~ :a~odwal-ad uewney~ e}}n8 ~~la~i :uewney~ eiwo}i~e~ 'wiayeuy 'p~ena~no8 wiayeuy y;noS OOZ IIeH ~(;i~ `~agwey~ ~ ouno~ 8002 OZ ~naga~ spsaupa ISSI I 1 Anaheim Planning Commission Agenda - 2:30 P.IIfl. 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• Rflinutes• 1A. Receiving and approving the Minutes from the Planning Commission Meeting of January 23, 2008. Continued from the February 4, 2008, Planning Commission Meeting (Motion) 1B. Receiving and approving the Minutes from the Planning Commission Meeting of February 4, 2008. (Motion) 02/2o/os Page 2 of 10 Public Hearing Items: 2a. CEQA CATEGORICAL EXEMPTION, CLASS 1 2b. CONDITIONAL USE PERMIT NO. 2007-05293 Owner: City of Anaheim 200. South Anaheim Boulevard Anaheim, CA 92805 Applicant: Raymond Smith Federal Heath Sign Company 4602 North Avenue Oceanside, CA 92056 Location: 2000 East Gene Autrv Wav. 2000 South State College Boulevard and 2379 East Orangewood Avenue (Angel Stadium of Anaheiml: Property is approximately 98.5 acres, having a frontage of 675 feet on the east side of State College Boulevard, 1,445 feet on the north side of Orangewood Avenue, and 100 feet on Douglass Road. Request to permit the modification of two (2) legally non- conforming reader board signs within the Angel Stadium of Anaheim parking lot, including the "Big A" sign. Conditional Use Permit Resolution No. Project Planner: twhite@anaheim.net 02/20/08 Page 3 of 10 3a. CEQA CATEGORICAL EXEMPTION, CLASS 1 3b. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY N0.2007-00038 Owner: Anaheim GWII, LLC 17140 Bernard Center Drive #310 San Diego, CA 92128 Applicant: Lucille Kring Pop The Cork, LLC 1619 West Lorane Way Anaheim, CA 92802 Location: 321 West Katella Avenue (Anaheim GardenWalk): Property is approximately 19.3 acres generally located at the northwest corner of Katella Avenue and Clementine Street, having approximate frontages of 728 feet on the north side of Katella Avenue, 1,185 feet on the west side of Clementine Street between Disney Way and Katella Avenue (excluding Fire Station No. 3 at 1713-1717 South Clementine Street) and 800 feet on the south side of Disney Way. Request for Determination of Public Convenience or Necessity to permit sales of beer and wine for on and off- premises consumption within a proposed bar/wine store at Anaheim GardenWalk. Determination of Public Convenience Or Necessity No. Project Planner.• skoehm@anaheim.net 02/20/08 Page 4 of 10 4a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) 4b. CONDITIONAL USE PERMIT NO. 2007-05292 Owner: RRM Properties 770 Ponce De Leon Boulevard, Suite 307 Coral Gables, FL 33134 Applicant: Rachel Fenton .NSA Wireless, INC. 2527 Camino Ramon, Suite 350 San Ramon, CA 94583 Location: 195 and 201 East Commercial Street: Property is approximately 2.69 acres, having a frontage of 322 feet on the north side of Commercial Street approximately 668 feet east of the centerline of Anaheim Boulevard. Request to permit the continued use of a telecommunications facility disguised as a palm tree with accessory ground- mounted equipment and no time limitation. Conditional Use Permit Resolution No. Project Planner: mashabi@anaheim.nef oz/zo/oa Page 5 of 10 5a. CEQA CATEGORICAL EXEMPTION. CLASS 1 5b. CONDITIONAL USE PERMIT N0.2008-05300 Owner: RREEF America Reit II c/o RREEF Management Co. Attn: Dan .Patterson 1630 South Sunkist Street Anaheim, CA 92806 Applicant: Tom Hubbard Flightdeck Air Combat Center 1601 Sunkist Street, Suite A Anaheim, CA 92806 Location: 1601 South Sunkist Avenue. Unit A: Property is an approximate 2.54-acre site located within a 9.8 acre industrial business park at the southwest comer of Cerritos Avenue and Sunkist Street, having frontages of 500 feet on the south side of Cerritos Avenue and 1,350 feet on the west side of Sunkist Street. Request to permit a 3,600 square foot indoor recreation facility including seven flight simulation stations serving individuals and small corporate groups.' Advertised with a request to permit fewer parking spaces than required by code. This request is not needed as the number of parking spaces complies with code requirements. Conditional Use Permit Resolution No. Project Planner: mashahi@anaheim.net 02/20/08 Page 6 pf 10 6a. 6b. 6c. 6d. 6e. 6f. 6g. 6h. 6i. 6j. Owner: P A Poon & Son Inc. 16841 Marina Bay Drive Huntington Beach, CA 92649 Applicant: 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 Boulevard 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 Mo. 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; Project Planner.• dsee al7anaheim.net 02/2o/os Page 7 of 10 Conditional Use Permit No. 2007-05242 -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 Millenium 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. *Advertised as Mitigation Monitoring Plan No. 149 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. Adjourn To Monday, March 3, 2008 at 1:00 P.M. for Preliminary Plan Review. o2i2oioa Page 8 of 10 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 10:00 a.m. February 14, 2008 (TIME) (DATE) LOCATION: COUNCIL CHANJBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ~!~(. (,Ci~~i~~ 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. ozizoioa Page 9 of 10 SCHEDULE 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) o2i2oioa Page 10 of 10 O4P~PHEIM C,yL~ l O ~ Z ., .- U a _' . ~O~NDED ~ay^ Subject Property Conditional Use Permit No. 2007-05293 Date: February 20, 2008 2000 East Gene Autry Way, 2000 South State Oollege Boulevard and 2379 East Orangewood Avenue (Angel Stadium of Anaheim) 10469 o goo zoo ALL PROPERTIES ARE IN THE PLATINUM TRIANGLE. ~ee~ Subject Property Conditional Use Permit No. 2007-05293 Date: February 20, 2008 2000 East Gene Autry Way, 2000 South State College Boulevard and 2379 East Orangewood Avenue (Angel Stadium of Anaheim) iP469 o voo zoo Aerial Photo: ALL PROPERTIES ARE IN THE PL4TINUM TRIANGLE. ~~ July 2006 ITEM NO'. Z PLANNING C®MMISSI®N AGENDA REP®RT Cityof Anaheim PLANNING DEPARTMENT DATE: ' ' FEBRUARY20, 2008:' FROM: PLANNING SERVICES MANAGER SUBJECT: CONDITIONAL USE PERMIT NO. 2007-05293 LOCATION: 2000 East. Gene Autry Way, 2000 South State College Boulevard' and 2379 East-0rangewood Avenue (Angel Stadium of Anaheim) APPLICANT/PROPERTY OWNERc The applicant is Raymond Smith from Federal Heath Sign Company ombehalf of Angels Baseball: The property owner. is the City of Anaheim. .REQUEST: The .applicant requests approval to permit the modification of two legally non-conforming electronic readerboazd signs within the Angel Stadium of Anaheim : pazking lot, including the `Big A" sign.:, RECOMMENDATION: Staff recommends that the Commission take the following, actions: (a) By motion, approve a Categorical Exemption, Class 1. (b) Byi•esolution approve Condirional Use Permit N6.2007-05293. BACKGROUND:- This property is developed with a regional sports and event facility (Angel Stadium of Anaheim) and includes two existing electronic readerboard'signs. 'It is located in the Public Recreational, Platinum Triangle Mixed Use Overlay Zone - Stadium District' (PR' (PTMU)). The General Plan designates this'property and surroundingproperties for Mixed Use land uses; The'SR-57 Freeway and Santa Ana Riverare immediately'east of this property. PROPOSAL: The applicant proposes to update two existing electronic readerboazd signs. Modifications to the "Big A" sign include the replacement of an existing 2,268: squaze foot electronid readerboard onthe north side of the sign with'a smaller`1,728 square foot LED electronic readerboard and the replacement of an existing 1,050square foot static display panel on the north side' of the sign with an LED electronic readecboard of the same size. Improvements also include updating the lighting technology on the; vertical and "halo" elements of the pylon sign. No changes will be made to the south `- elevation of the sign except repainting existing surfaces. 200 S. Anaheim Blvd. '. Suite#162 Anaheim, CA 92805 Tel: (714) 765-5139 '. Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT NO. 2007-05293 Febrvary 2Q, 2008 Page 2 of 2 Modifications will also b~ made to the existing A-shaped pylon sign,. adjacent to State College Boulevard .and south of the stadium entrance at Gene Autry Way. The two 266 squaze foot electronic readerboazds located on the north and'south sides of the sign will be replaced by two. 488 square foot LED electronic readerboazds. The top of the sign will be replaced with an updated "A" consistent with the Angels logo. This refivbishment would also remove a eparate advertising panel located near the top of the sign:. The overall height of the sign would be reduced by approximately five feet to 55 feet high. ANALYSIS: Electronic readerboazds are allowed within the PR (PTMU) zone, subject to the approval. of a conditional nse permits Electronic readerboazds are defined' by Code as "a changeable copy sign upon,which the copy is displayed or changed by electronic means". Electronic readerboards are limited to displaying messages and advertisement of goods and '.services: rendered'on-site. In comparison, the Code defines billboards as "a'sign of anykind or nature whatsoever used to advertise (i) any business, industry,"entertainment or activity not conducted, or (ii) any goods or other tangible items not produced, sold or available, or' (iii) any services or other intangibles not available or rendered, on the premises upon which such sign is located; provided, however, such term'shall notinclude any regional guide sign, nameplate, temporary real estate sign,'identifzcaton sign or on-site advertising sign as such terms are dejFned in this chapter. Such term shall also nofinclude any notice posted by any public officer in the performance of an official duty; or any directional, warning or informational sign required or authorized by any federal,'state, county or local authority." Billboazds aze prohibited by Code. Therefore, neither of the proposed electronic readerboards are permitted to display or advertise any goods or services that are not sold or rendered on-site. Due to its proximity. to the SR-57 Freeway, the "Big A" sign is also 7egulated by the State of California, Outdoor Advertising Act (ODA). Consistent with the Anaheim Municipal Code, advertising of off-site goods and services is prohibited on$eeway-oriented signs along the SR- 57 Freeway because the segment of freeway is designated as a "Landscaped: Freeway". CONCLUSION: Staff recommends approval of the proposed request because it will bring the exsting,legal non-conforming'electronicaeaderboards into'compliance with Code and further, that the proposed modifications aze significant enhancements to the;technology and aesthetics of the existing signs. Resp/fectfully sfu~,bmitted, Con ed by, Xj"~7(~p ~u///151~~"'' ~ Principal Planner 1 ing Services Manager Attachments• L Draft Resolution The following attachment was provided to the Planning Commission .and is available for public review at the Planning Services Division at City Hall. 2. Plans. [DRAFT] ATTACHMENT NO. 1 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05293 BE GRANTED (2000 EAST GENE AUTRY WAY, 2000 SOUTH STATE COLLEGI/ BOULEVARD, AND 2379 EAST ORANGEWOOD AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified Petirion for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT CERTAIN LAND IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS PARCEL 2 OF PARCEL MAP NO. 2006-262, AS SHOWN ON A MAP FILED IN BOOK 357, PAGES 25 - 34 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY WHEREAS, Conditional Use Permit No. 2007-05293 is proposed to permit the modification of two legally non-conforming electronic readerboazd signs within the Angel Stadium of Anaheim pazking lot, including the "Big A" sign; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 20, 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, 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, to permit the modification of two legally non-conforming electronic ieaderboard signs, is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18..20.030.020 and 18.44.050.010. 2. That the proposed use would not adversely affect the adjoining land uses and the growth and development of the azea in which it is located because the proposed modifications to the existing electronic ieaderboard signs are compatible with the primary use of the property as a regional sports and events facility; and 3. That no traffic would be generated by the proposed modifications to the existing electronic ieaderboard signs as they are an accessory advertising device for the regional sports and event facility and would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and - 1 - 2008-*** 4. That granting this conditional use permit, under the conditions imposed, will not be detrimental to the health and safety of the oitizens 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 ENVIl2ONMENTAL 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: - 2 - 2008-*** Responsible for COA Conda6ons of Approval Monitoring COA 1 That the locations for any above-ground utility devices including, but not limited planning to electrical transformers, water backflow devices, gas, communications, and cable devices, etc., shall be shown on plans submitted for building pernuts. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments.. Any required relocation of City electrical facilities shall be at the developer's expense. COA 2 That on-going during project operation, the property. shall be permanently, maintained in an orderly fashion through the provision of regulaz landscaping Code maintenance, removal of trash or debris, and removal of graffiti within twenty- Enforcement four (24) hours from the time of discovery. That on-going during project operation, the advertisement and display of goods COA 3 and services on any display surface, including the electronic readerboazd and any Code stafic display surfaces on the two signs, shall be limited to those goods and services that aze sold or rendered on-site. The display or advertisement, of goods Enforcement and services that aze not rendered on-site shall be prohibited. That on-going during project operation, all advertising on the "Big A" sign shall Code COA 4 comply with provisions set forth in Sections 5200-5486 (Outdoor Advertising Enforcement Act) of the Business and Professions Code. That on-going during project operation, the two signs shall be continually Code COA 5 maintained in a "like new" condition. Enforcement That subjecf property shall be developed substantially in accordance with plans COA 6 and specifications submitted to the' City of Anaheim by project applicant and `planning which plans aze on file with the planning Department mazked Exhibit Nos: 1 through 5 of Conditional Use Permit No. 2007-05293, and as condifioned herein. That approval of this application constitutes approval of the proposed request COA 7 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 include any action or findings as to compliance or approval of the request ` regazding any other applicable ordinance, regulation or requirement. - 3 - 2008 ~~~ BE TT 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'oYUnenforceable bythe final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein confained,` shall be deemed null and void. BE TT 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 ofbuilding permits for this project, whichever occurs first. Failure to pay all chazges 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 of February 20, 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 bf an appeal. CHAIItMAN, ANAHEIM PLANNING COMMISSION. ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE: ) ss. CTI'Y 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 February 20, 2008, by the following vote of the members thereof: AYES:. COMMISSIONERS: NOES: COMMISSIONERS:. ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set mq hand this day of > 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 4 - 2008 ~~:~ --- - - --, , ~~, Nvlt 9ERG9iROAL9 ' fJ11NRF1198NYtE ' ~P2i ' PAMAOAMVNOATE ~BZ-1 PARKING LOT ' 019td:YW,m ~ 93-1 ~B3-0 ..... , PARKNG OWNEVIMID BA.INU. iNA1 i 9P B33 } PARKNG i 3 ~ W.I U80SOAPEG 6P 92-1 ~ ~yy~pm 9P B2.1 , 9-ABEA1INf S EA9FM@R VAGANT , 90UTHERN CALIPORNIAEOI90N CO. EASEMENT 80UINERN CALIFORNIAEOIBON CO. EASEMENT ~ ' ', DISNEY WAY , h ea9 ~ , ~~SNEI' WAY 0 J 0 D] m KATELLAAVENUE' ~mz ~~ 9 . ~~ ~~ Vfl1~~ ry~E ~~ ~~~jy 1NCAN! ~~~ ~~ DL9N PMIWC , eP@Z , ZA9Y9 MOTORLOOOE 6P BT-T 910P ~ PM W SP BT-T W MIANEIMRE910ENCE INN O9 j ® @3 9RF311fE OFIAER6 EP QY1 X011 ECiEN0ED 6TAY MTELLIIE AMERIG CIEAI®te BP 89.1 LA OUINTA INN 69UftE8 t j W W R ma_3 b{fin ~ 9PB}~ ~ N DNOEA ~ CONSTRUCtION Viet C5 x ~Z 6P 82.1 PARKING ' fiP 83-T RED VON NOiEL w~4vlAM)~PLOYEE I I I PARKING e so t99 ALL PROPERTIES ARE IN THE ANAHEIM RESORTT"'. Peet Public Convenience or Necessity No. 2007-00038 321 West Katella Avenue Subject Property voa~o Public Convenience or Necessity No. 2007-00038 321 West Katella Avenue SubJect Property Date: February 20, 2008 10470 City of Anaheim PLANNING DEPARTMENT DATE: ' ' FEBRUARY 20, 2008 "' FROM: PLANNING SERVICES MANAGER SUBJECTc DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO! 2007-00038 LOCATION: 321 West Katella Avenue (Anaheim GatdenWalk) APPLICANT/PROPERTY'QWNER:- The applicant is Lucille Kring and the property owner is GazdenWalk LLC. REQUEST: The applicant requests a determination of Public Convenience orNecessity to permiT sales of beerand wine for or and off-premises consumption within aproposed baz/wine store at Anaheim GazdenWalk.' RECOMMENDATION: -StaffTecommends that the Commission take the following' actions: - -- (a) By motion, approve a Categorical Exemption, Class 1. {b) By resolution, approve Determination of Public Convenience. or Necessity No: :...2007-00038.,.. BACKGROUND: The Anaheim GazdenWalk project is afully-integrated development that will have a gazden-theme orientation and plaza/pedestrian amenities. The first phase of development currently under construction includes 439,600 squaze feet of retail, restaurant and entertainment uses, as well as a 3,076 space pazking garage. ,The property is located in The Disneyland Resort Specific P1anNo. 92-1, (Anaheim GazdenWalk Overlay) zone. The. General Plan designates this property. and all. sunounding properties for. Commercial .Recreation land uses.:.:.. The Disneyland Resort Specific Plan No. 92-1 and Conditional Use Permit No: 4078 permit the development of the Anaheim GardenWalk project including sales of alcoholic beverages;for on-premise and offpremise consumption in connection with restaurants, retail uses, bazs and nightclubs. 200 S. Anaheim 61vd. - Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anahaim.net PUBLIC CONVENIENCE OR NECESSITY N0.2007-00038 February 20, 2008 Page 2 of 3 PROPOSAL: The applicant proposes to establish Pop the Cork; a 2,800 square foot bar/wine store on the second level of the retail concourse. The business will sell beer and wine for on- premise consumption as well as retail sales for off-premise consumption. Small plate food items will also be available to compliment the beer and wine consumed on the premises. The! . establishment will have one entrance into a retail azea where beer and wine aze available for purchase. Beyond the retail azea there will be a wine baz, dining azea, lounge and patio area. In addition to the regulaz wine offerings, special theme oriented wine tasting events will also be offered. The hours. of opexa6on will be 10:00 a.m: until midnight. Sunday through,Wednesday, and 10:00 a.m. to 2:00 a.m. Thursday through Saturday. ANALYSIS: The sale of alcoholic heverages,for on-premise and off-premise consumption is permitted in restaurants, retail uses, bars and nightclubs within the Anaheim GazdenWalk project by Conditional Use Permit No. 4078. However„State law also requires a determination' of public. convenience or necessity when a property for which an alcoholic beverage license is requested is located in a police reporting district with.. a crime rate above the City average or when there is an over concentration in he number of licenses. within a Census. Tract. The Business and Professions Code provides that the Department of Alcoholic Beverage Control (ABC) shall deny an application for a license if issuance of that license would tend o create' a law enforcement problem or if issuance would result in, or add to, an undue concentration of licenses, except when an applicant has: demonstrated that public convenience or necessity would be served by the issuance of a license: A Determination of Public Convenience or Necessity is required from the City because this property is located within a reporting district with a high crime rate and an over concentration of licenses. The Anaheim Police Department has indicated that this property is located within Reporting District 2025, which has a crime rate of 193 percent above the average. The population'within the census tract allows for four off-sale Alcoholic Beverage Control licenses such as those for liquor stores and conveniencemarkets'and there are presently 13 licenses in the tract. It also allows for seven on-sale licenses such'as thosefor restaurants serving alcoholic beverages and there are presently32 licenses in the tract. Due to the fact that the census tractislocated within The'Anaheim Resort, which is'a world glass tourist destination, the numbeYOfbn-sale and off- sale licenses is disproportionately higher than in other census tract areas of the City. The Police Departrnent recognizes thatthe proposed wine bar is in The' Anaheim Resort and believes that this use will not be detrimental to the area provided that recommended conditions in the attached resolution pertaining to mitigation of sound levels, security measures, hours of operation and restrictions on the'sales of alcoholic beverages are included in the approval. ` The Anaheim Resort was created to maintain and encourage Anaheim's position as a nationally recognized tourist, convention and recreation center. The`Anaheim Resort encourages development of high quality facilities which complement convention, family entertainment and recreation for all of the visitors coming to Anaheim. All of the 32 on-sale licenses are for restaurants within either The Disneyland Resort, including Downtown Disney and Disney's California Adventure, and The Anaheim Resort, or within the Anaheim GazdenWalk project.:,.: where several restaurants currently under construction have obtained an on-sale license.' The off- sale licenses are for existing convenience stores and retail stores within hotels. It is recognized PUBLIC CONVENIENCE OR NECESSITY N0.2008-00038 February 20, 2008 Page 3 of 3 that due to the unique nature ofThe Anaheim Resort, there will be an overconcentration in the number of licenses. The wine bar is compatible with the uses within the Anaheim GazdenWalk project which was approved as afully-integrated development to provide restaurant, dining, entertainment uses and hotels for visitors to the area. The wine baz will also provide a convenience to visitors to The Anaheim Resork Staff believes that with the. conditions of approval relating to security and limitations on the operation, the use would not be detrimental to the area and recommends approval of the application. Respectfizlly submitted, ~m~ 9~~- Principal Planner Attachments• 1., Applicant's Statement of 2. Draft Resolution 3.' Letter of Operation 4. Reporting Districts Map 5. Census Tract On-Sale Map 6. Census Tract Off-Sale Map The following attachment was provided to the Planning Commission and is available fpr public review at the Planning Services Division at City Hall. 7. Floor Plan AT~ACxi~rr~r No.1 BY (Planning Department, Stag Ignature) DATE ~ ~ D APPLICANT'S STATEMENT OF JUSTIFICATION FOR PUBLl4 CONVENJENCE OR NECESSITY The City Council has established procedures for the determination of Public Convenience or Necessity and has delegated the responsibility for making such determinations to the Anaheim Planning Commission. In order to assist the Planning Commission in its deliberations as to whether the public convenience or necessity would be seared by permitting an .additional alcohol .establishment within an_area containing an over concentration of licenses and/or high crime rate, please answer the following questions. 1. What is the primary purpose. of your business? Is the sale of alcohol an essential part ofthe-primary purpose of the business? Please explain: '/~t'I'~tL S/a[.~ 5 fi;G ~~E,e ~ /t~iN~ ~ ~~i/fLL FG/7~ PGA~S ,I n/~LU/~G C 1J,V- S/ iF ~.'o.U.SUm P~©.tl ~ GF~~R.Gmts~ 5.c~t,G~ - .-_ re ere siml ar businesses or a.concentraHon of alcohol oiitlets in the iinniediafe'area that already provide alcohol service? If so, how would the pubUc convenience or Necessity be served by pennitting an additional license within the census tract? 3. Is there a residential neighborhood or school adjacent' convenience or necessity determination? If so, please not disproportionately impact an adjacent residential nt operty for which you are requesting a publi how permitting an additional license would ood or school. 4. What percentage of yoc you anticipate will be alcohol 5. Does your business cater to a §pecifie need or specialty which is not currently available in the area? Please explain. S 6, Are you proposing any specific operational measures to eliminate or limit any potential negative consequences from the sale of alcoholic beverages? Please explain. AGL lrrt'1PLU'~Gcs lr>/t-L FEE %/LAr~f~~ ~ ~ ~~ ~ LGAb C';tJL~t~r. i7 T2Ait~ti25 7. What type of license are you an af7- Application for determination of PCN.doc revised?/t5Po5 [)DRAFT] ATTACHMENT NO. 2 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING PUBLIC CONVENIENCE OR NECESSITY N0.2007-00038 FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE (321 WEST KATELLA AVENUE) WHEREAS, onJuly 11, 1995, the City Council adopted Resolution No. 95R-134 establishing procedures and delegating certain responsibilities to the Planning Commission relating to the determination of"public convenience or necessity" on those certain applications requiring that such determination be made by the local governing body pursuant to applicable provisions of the Business and Professions Code, and prior to the .issuance of a license by the Department of Alcoholic Beverage Control (ABC); and WHEREAS, Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for. a license if issuance of that license would tend to create a law enforcementproblem, or if issuance would result in or add to an undue concentration of licenses, except when an applicant has demonstrated that public convenience or necessity would be served by the issuance of a license; and. WHEREAS, the Planning Commission ofthe City of Anaheim did receive an application for a Determination of Public Convenience or Necessity to permit sales of alcoholic beverages for on-premises and off-premises consumption within a wine baz within the Anaheim Gazdenwalk on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL A: PARCELS 4,.5,.6 AND 7 OF PARCEL MAP N0.2002-205, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHON ON A MAP THEROF FILED IN BOOK 349, PAGES 43 TO SO INCLUSIVE OF PARCLE MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. :...WHEREAS, the Planning Commission did$old a public hearing at the Civic Center in the City of Anaheim on Febmary 20, 2008, notice of said public hearing having been duly given as required by Resolution No. 95R-134 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 determination of public convenience or necessity for an alcoholic beverage control license 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 - PC2008-*** 1. That the Disneyland Resort Specific Plan No. 92-2, Anaheim GazdenWalk Overlay permits the sale of alcoholic beverages for on-premises and' off-premises consumption within a wine baz integrated within the Anaheim GazdenWalk project and the intent of the Code is to provide such sales as a convenience for visitors. 2. That California state law requires a Determination of Public Convenience or Necessity when property is located in a police reporting district with a crime rate above the city average; and that Section 23958 of the Businessand Professions Code provides that the ABC shall deny an application for a license. if issuance of that license would tend to create a law enforcement problem or if issuance would result in; or add to; an undue concentration of licenses, except when an applicant has demonstrated that public convenience or necessity would be served by issuance of a license. 3: That Resolution No: 95R-134 authorizes the City of Anaheim Police Department to make recommendations related to the public convenience or necessity determinations; and when the sale of alcoholic beverages for on-premises and off-premises consumption is permitted by the Municipal Code under Conditional Use Permit No. 4078; said recommendations shall take the form of conditions of approval to be imposed on the determination in order to ensure that the sale and consumption of alcoholic beverages does not adversely affect any adjoining land use or the growth and development of the surrounding azea. 4: That subject property is located in Reporting District 2025, which has a crime rate of 193 percent above the City average and is also located in Census tract 875.01 which permits 7 on-sale licenses and currently there aze 32 licenses existing. 5. That there aze no schools or residential uses adjacent to the subject site. 6. That there are licenses fof on-premises sale and consumption immediately adjacent to the site; however, those licenses aze for restaurants and one nightclub. The conditions of approval will ensure that approval of the proposal willnot adversely affect any adjoining land use or the growth and development of the surrounding azea. 7. That the Determination of Public Convenience or Necessity can be made based on the finding that the license requested is consistent with the Planning Commission guideline for such determinations. 8. That *** indicated their presence at said public heazing in opposition; and thaf *** 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 Facilitiesj, as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepaze additional environmental documentation: - 2 - PC2008-*** NOW THEREFORE BE IT RESOLVED that the Anaheim Planning Commission does hereby determine that the public convenience or necessity will be served by the issuance of a license for the sale of alcoholic beverages for on-premises and off-premises consumption'at this location based on the following conditions 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: Responsible C®A Conditions of Approval for 7Vrnn itnrin rt COAI The subject property shall be developed substantially in Planning accordance with the plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department Exhibit No, 1 and as conditioned herein. COA2 Complete aBurglary/Robbery Alarm Permit application, Form Police APD 516, and.retum it to the Police Department prior to initial.: alarm activation. COA3 Business shall be equipped with an alarm system (silent or Police audible). COA4 File Emergency Listing Card, Form APD-281, with the Police Police. Department, available at the Police Department front counter. COAS .Based upon the submitted letter of operation, the hours of Planning operation shall be limited to the following:. 1. Sunday -Wednesday from 10 a.m. to midnight;.. 2. Thursday -Saturday from 10 a.m. to 2 a.m. - 3 - PC200>;-*** Responsible COA Conditions of Approval for 1Vlonitorin y ,~. ~ ~ n - ~: , .- . ~ ~ . . ~ .~ ;. ~'~_- COA6 Security measures shall be provided to the satisfaction of the Police Anaheim Police Deparnnent to deter unlawful conduct on the part of employees or patrons, and promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbance to the neighborhood by excessive noise created by patrons entering or leaving the premises. COAT ` No one under the age of 21 shall be allowed to enter and remain Police on the premises. COA8 No distilled spirits are allowed under this license. Police COA9 The business shall not employ or pemut any persons to solicit or Police 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 (Section 242005 Alcoholic Beverage Control Act). COA10 There shall be no requirement to purchase a minimum number Police of drinks. COAI l Thereshall be no requirement to purchase a minimum number Police of drinks. COA12 There shall be no live entertainment, amplified music or dancing Police permitted on the premises at any time without issuance of proper permits as required by the Anaheim Municipal Code. COA13 No display of alcoholic beverages shall be located outside of a Police building or within five (5) feet of any public entrance to the building. COA14 Beer and malt beverages shall not be sold in packages Police containing less than a six (6) pack for off-premise consumption. COA15 Wine-coolers, beer coolers must be sold in manufacturer pre- Police packaged multi-unit quantities for off-premise consumption. COAI6 The property shall be permanently maintained in an orderly Planning fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from the time of discovery. - 4 - PC2008-*** Responsible COA Conditions of Approval for Monitorin COA17 The timing for compliance with conditions of approval may be 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 toward establishment of the use or approved development. COAl8 Extensions for further time to complete conditions of approval Planning maybe granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. COA19 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, 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 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 findings hereinabove set forth. BE I'I' FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case applicaton 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 al] charges shall result in delays in the issuance of required pernuts or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 20, 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. - 5 - 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 February 20, 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-*** ATTACI~MENT NO. 3 Letter for Public Conveetence or Necessity for Beer/~/tne Sate TO: City of Anaheim Planning Department RE: Pop the Cork, LLC 321 W. Katella Ave. #305 Anaheim, CA 92802 Pop the Cork, LLC will be a wine bar serving tastes, flights, glasses and bottles of wines from boutique wineries and well know wineries from. California, Oregon, Washington and around the world for consumption on site. Beer by the boftle will also be available for on-site consumption Small plate food items such as cheese, meat, olives,. salads, tapas and panini will be available for purchase to compliment beer and wine consumed on premise. Pop the Cork will have a retail section for sale of wine/beer for off-sine consumption, sodas, water, gourmet packaged foods, gift baskets, glasses and wine accessories. Pop- the Cork will be a unique wine badwine store in Garden Walk and in Anaheim. It will offer wine enjoyment experiences satisfying novices exploring wines to wine aficionados. fn addition fo its regular wine offerings by the taste, flight, glass or boftle, Pop the Cork wlf regularly conduct special theme oriented wine tasting events to educate consumers about wines, wineries and wine producing regions of the world. The owner-managers of Pop the Cork plan to utilize their facil'dies to help non-profit and commun'"ity organizations create awareness of their programs and raise money for their causes by conducting special wine tasting events for supporters of these groups. The closest wine bar is located in Fullerton, approximately five miles from the proposed location for Pop the Cork. Pop the Cork, LLC has applied for two ABC licenses: A type 20 for retail sale of wine and beer for off-sde consumption and a type 42 for retal safe of wine and beer for on-site consumption. For our business growth plan, we will be requesting a type 21 license through the ABC lottery in September 2008 which will a8ow sate of spirits in the retail section of the store foroff-site consumption. For additional future business growth, Pop the Cork, LLC will apply for an ABC type 481icense within the next three years to allow the on-site sale of spirits. Atl staff will be trained on ABC criteria for serving and selling alcohol in establishments serving the public. Patrons who appear to be age 30 or under will be asked to produce acceptable photo ident~cation. Hours of operation will be: Sunday -Wednesday: 10:00 AM - Midnighf Thursday -Saturday: 10:00 AM - 2:00 AM A CCTV monitoring system will be installed for security. 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I I _ I KINSBURSKY INC BATTERY RECYCLING =CUP 2007-05; FACILITY CUP 4136 CUP 2069 K Q W J 7 O m w Q COMMERCIAL STREET ~_, ~ .T„ COUNTRY CITY I TOWING INC ALLIED BUILDING PRODUCTS I I 195 and 201 East Commercial Street F Q 4 10471 Subject Property Conditional Use Permit No. 2007-05292 Date: February 20, 2008 195 and 201 East Commercial Street 19471 ALL PROPERTIES ARE IN THE COMMERCIAL/INDUSTRIAL (NORTH CENTRAL AREA) REDEVELOPMENT AREA ITEM NO.4 PLANNING C®MMISSI®N AGENDA REP®RT City of Anaheim PLANNINGbEPARTMENT DATE: FEBRUARY 20, 2008 FROM: PLANNING SERVICES MANAGER SUBJECT: CONDITIONAL USE PERMIT NO.2007-05292 Lyl.tiuylc. 17~G11LL GU1:'P.aSI l..U1IlIRGID1$1. 4l LIGGL APPLICANT/PROPERTYQWNER:: The applicant is Rachel Fenton, NSA Wireless, Inc., on behalf of Sprint PCS and the property owner is RRM Properties. REQUEST: The applicant requests approval to retain an existing 60-foot tall telecommunications'facilitydfsguised as a palm tree with accessory ground-mounted. equipment with no time limitation. RECOMMENDATION: Staff recommends that the Commission take the following actions: (a) By motion, determine that the previously-approved Negative Declaration serve as the appropriate environmental documentation. (b) By resolufion approve'Conditional Use Permit No. 2007-05292. BACKGROUND:- This property is developed with the Robertson's Ready Mix concrete hatching facility. The property is located within the Industrial (I) zone and the Commercial/Industriat(North Central Area) Overlay zone:''The General Plan designates this property and properties to'the north, east and west for Industrial land uses'. The 91 freeway is located' north of the site. PROPOSAL: On July 7 1999, the Planning Commission approved Conditional Use - Permit No.'4136' authorizing`installation of a 60-foot tall telecommunications tower disguised as a palm'tree'and the related' ground mounted equipmenYat the southerly portion of the site;` The'conditional usepennit was approved for five yeazs and expired on July 7 2004. 'The applicant proposes to retain the 60-foot tall telecommunications facility.' The existing facility includes twelve (12) antennas' at the top of the tower; The monopalm trunk is square and painted brown. The ground-mounted equipment is enclosed by a 10 foot by 20 foot structure located along the Commercial Street frontage and finished with brown siding: Portions of the equipment aze screened by a six foot high chain link fence zoo s. Anaheim ei~d. withbTOwn slats, however, the cables connecting the equipment to the monopalm are' suite#1sz ''visiblefromthe'street. - Anaheim, CA 92805 Tel: (714)765-5139 Fax: (714) 765-5280 www.anaheim:net CONDITIONAL USE PERMIT NO. 2007-05292 February 20, 2008 Page 2 of 3 ANALYSIS:. Code pe subject to the, approval :,telecommunications fay Following is staff's ans Design and height of facility: The Code requires wireless communications Facilities to' have a "stealth" design. A stealth facility is one that is designed to minimize visual impacts by, disguising the facility to appear as a natural object, such as a tree, or part of an existing structure, while visually blending into the surrounding environment. In this case,. the. square tnmk' was. installed because a round trunk wouldhave required a larger diameter for the wiring. In addition, three live palms trees were planted with the original installation of the Facility; however, two of the palms need to be replaced with healthy trees. Staff has included a condition of approval in the attached resolution. that these palms be replaced with healthy trees of the same. size that would better camouflage the monopalm and thaf these trees shall be maintained in a healthy condition. The Anaheim Municipal Code Section 18.38.60.70 requires that all equipment, including supply cabinets and power meter be screened from public view as required by the Planning Department. Furthermore, clinging vines are required to be planted adjacent to the,equipment enclosure in order to screen any wall associated with the facility and prevent graffiti. Since there is not adequate space to provide additional landscaping against the equipment building, staff has CONDITIONAL USE PERMIT NO. 2007-05292 February 2Q, 2008 Page 3 of 3 included x condition of approval requiring the exposed wires to be concealed by a metal cover painted to match the structure so that the wires aze not visible from the street: The previous conditional use permit included alive-year limitation. Staff has included a condition of approval in the attached resolution requiring that the facility and palm trees be maintained in accordance. with the approved exhibits and conditions of approval, therefore, staff does not recommend imposing a time linutation on this pemut. In April 2007, the City announced a citywide wireless service coverage initiative to ensure all major cellulaz companies are able to provide full coverage throughout the City. Given the City's current policy direction to ensure citywide coverage, and the constraints of the existing development in the azea, the palm tree design is the most appropriate alternative. Since the proposed design disguises the facility as a natural object and furthers the goals of the citywide wireless service coverage initiative, staff recommends approval of this request. Respectfully submitted, Conci red y, Principal Planner g Services Manager Attachments: 1. Draft Resolution 2. Prior Resolution (PC99-128) The following attachments were provided to the Planning Commission and aze available for public review at the Planning Services Division at City Hall. 3. "Planning Commission Staff Report (July 7, 1999) 4. Planning Commission Minutes (July 7, 1999) 5. Plans 6. Submitted Photos 7. Carver Coverage Maps [IDRAFT] ATTACHMENT N®. 1 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05292 BE APPROVED (195 AND 201 EAST COMMERCE STREET) WHEREAS, this property is currently developed' with a concrete batching facility within the Industrial Zone and the Commercial/Industrial (North Central Area) Overlay zoning and the Anaheim General Plan designates this property for Industrial land uses; WHEREAS, on July 7, 1999, the Anaheim Planning Commission adopted Resolution No. PC99-126 in connection with Conditional Use Permit No. 4136 to permit construction of a 62-foot high telecommunication tower disguised as a palm tree with a square trunk and three antenna rays with five antennas each; WHEREAS, Conditional Use Permit No. 4136 included a condition of approval setting forth a July 7, 2004, expiration date and the applicant did not request an extension or modification of that time limitation within six months: of the permit's expiration date as required by the Code;. 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 NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS PER MAP RECORDED IN BOOK 51 • PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY.. EXCEPT THEREFROM THE SOUTHERLY 22 FEET THEREOF, AS CONVEYED TO THE CITY OF ANAHEIM FOR STREET PURPOSES BY DEED RECORDED MARCH 10, 1939 IN BOOK 981, PAGE 510, OFFICIAL RECORDS. ..ALSO EXCEPT THEREFROM THAT PORTION DESCRIBED AS BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF SAID NORTHEAST. QUARTER WITH A LINE PARALLEL WITH AND EASTERLY 322 FEET' MEASURED AT RIGHT ANGLES FROM THE WESTERLY LINE SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND RUNNING THENCE SOUTH 89 DEGREES 36 MINUTES 48 SECONDS EAST, ALONG SAID NORTHERLY LINE, 343.21 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 3; THENCE SOUTH 0 DEGREES 21 MINUTES 16 SECONDS WEST, ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER 950.75 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 44 SECONDS WEST 30 FEET; THENCE NORTH 19 - 1 - FC2008-*** DEGREES 23 MINUTES 33 SECONDS WEST 82.87 FEET; THENCE NORTH 59 DEGREES 54 MINUTES 04 SECONDS WEST 48.37 FEET: THENCE NORTH 82 DEGREES 12 MINUTES 21 SECONDS WEST 245,40 FEET TO A POINT ON SAID` PARALLEL LINE, SOUTHERLY 317,17 FEET FROM THE POINT OF BEGINNING; THENCE NORTHERLY 317.17 FEET ALONG SAID PARALLEL LINE TO THE` POINT OF BEGINNING, CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED AUGUST21, 1956 IN BOOK 3618, PAGE 371, OFFICIAL RECORDS, AND BY DEED RECORDED MARCH 2.8, I958 IN BOOK 4241, PAGE 14, OFFICIAL RECORDS. ALSO EXCEPT THEREFROM THAT PORTION THEREOF DESCRIBED AS BEGINNING AT THE NORTHWEST CORNER OF THE WESTERLY 322 FEET OF SAID NORTHEAST QUARTER AND RUNNING THENCE EASTERLY 4:01(3 THE NORTHERLY LINE OF SAID WESTERLY 322 FEET TO THE EASTERLY LINE OR SO [B WESTERLY 322 FEET; THENCE SOUTHERLY, ALONG SAID EASTERLY LINE, 317.17 FEET; THENCE WESTERLY IN A DIRECT LINE TO A POINT' IN THE WESTERLY LINE OF SAID WESTERLY 312 FEET, DISTANT SOUTHERLY ALONG SAID WESTERLY LINE 275..31 FEET FROM SAID POINT OR BEGINNING; THENCE NORTHERLY, ALONG SAID WESTERLY LINE, 275:31 FEET TO SAID POINT OF BEGINNING, AS CONDEMNED BY THE STATE OF CALIFORNIA FOR FREEWAY PURPOSES, BY DECREE RECORDED DECEMBER 12, 1958 IN BOOK 4514, PAGE 309, OFFICIAL RECORDS. ALSO EXCEPT THEREFROM ONE-HALF INTEREST IN ALL OIL, MINERALS, ORES, PRECIOUS AND USEFUL METAL SUBSTANCES AND HYDROCARBONS OF EVERY KIND AND CHARACTER, BUT WITHOUT THE RIGHT TO USE THAT PORTION OF THE SURFACE ABOVE A DEPTH OF 500 FEET, AS RESERVED IN THE DEED FROM UNIVERSTTY HILL FOUNDATION RECORDED AUGUST 14, 1969 IN BOOK 9050, PAGE 134, OFFICIAL RECORDS, WHEREAS, the applicant has requested approval of a new Conditional Use Permit to retain the existing 62-foot tall telecommunications facility disguised as a palm tree with accessory ground-mounted equipment pursuant to Code Section 18.60 of the Anaheim Municipal Code;: WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 20, 2008, at 2:30 p:m:, notice ofsaid 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; WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of al] evidence and reports offered at said hearing, does find and determine the following facts: - 2 - PC2008-*** L That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.10.030.040.0402 (Antennas - Telecommunications -Stealth Ground-mounted). 2. That the proposed 62-foot tall telecommunications facility disguised as a palm tree would not adversely affect the adjoining land uses and the growth and development of the azea in which it is proposed to be located because it provides a service to the community in a stealth facility. 3. That the size and shape of the site is adequate to allow full-development of the request in a manner not detrimental to the particulaz azea nor to the health and safety as the telecommunication facility disguised as a palm tree would not affect the circulation or setbacks of the property. 4. That because this is an unmanned facility with infrequent maintenance, the traffic generated by the proposed use will not, under the conditions imposed, impose an undue burden upon the streets and highways designed and improved to carry the traffic in the azea. 5. That granting this conditional use permit will not, under the conditions imposed, be detrimental to the health and safety of the citizens of the City of Anaheim and that the use will contribute to an essential and effective wireless communications "network system. 6. 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 previously-approved Negative Declazation upon finding thaf the declazation reflects the independent judgment of the lead agency and that it has considered the previously-approved Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning. Commission does hereby grant subject Petition for Conditional Use Permit, upon the applicant's/Operator's compliance with 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 C®A Conditions of Approval for IVlonitorin" i * s " %'~ 4 4'Z/k-#v` ~,E'~. ?psi" -z' vn'< o F ~ 3 is Y ' .s ~' ^a' '~sr'G'fiy.'' E ~~ k's^''~~ " "''~-~~ + F'~x4uT ~ s,~' ~ } ~.'.~~ n s ~r S ` Y r f ~ ~ i '~ ~ ~`"• x: ~" s''.o-.. '.i i. 5 i.r 4 v :. n-<4 YS )u '~ ~i:. ~°` ih'+'... ~ 'x f ,« ..z>5J u i . ~4a. ..~~~ . h COAL That this sixty-two (62) foot tall telecommunications facility Planning disguised as a palm tree shall be limited to a maximum of fifteen (15) panel antennas and accessory ground-mounted equipment. No additional antennas or equipment cabinets shall be permitted without approval from the City. Said information shall be specifically shown on plans submitted for building permits COA2 That the trunk shall be painted brown and textured to appeaz similar Planning to a live palm tree trunk. The antenna arrays and individual panel antennas shall be finished and painted green to match the artificial palm branches and leaves. COA3 The existing fencing with slats shall be maintained and replaced if Planning necessary to maintain an upright position and fully screen the equipment from the public right-of--way. In addition, the cables connecting the equipment to the monopole shall be fully concealed with a metal cover painted to match the structure. All exposed cables connecting the equipment to the antennas shall be concealed within the square trunk. COA4 The two live palm trees closest to Commercial Street shall be Planning replaced with same size trees placed in a location that would. successfully camouflage the stealth tower within thirty (30) days following adoption of this Resolution. All live paten trees shall be properly and professionally maintained by the Operator in a healthy condition and shall be replaced immediately if the tree(s) aze , damaged, diseased and/or dead. COAS The Operator shall provide a 24-hour telephone number to the Planning Planning Services Division (to be forwazded to the Fire and Police. Departments) to which interference problems may be reported, and shall resolve all interference complaints within 24 hours. COA6 The 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 are on file with the Planning Department marked Exhibit Nos. 1 through 4, and as conditioned herein. - 4 - PC2008 *** COA Conditions of Approval Responsible for Monitorin COA7 The Operator shall ensure that the facility's installation and choice Planning of frequencies will not interfere within the 800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity for public safety and related purposes. COAB That the Operator shall ensure that any of its contractors, sub- Planning contractors or agents, or any other user of the facility, shall comply with the terms and conditions of this permit. COA9 That should this telecommunications facility be sold, the Operator Planning shall notify the Planning Services Division within 30 days of the blose of escrow. COA10 That the portion of the property being leased to the Planning telecommunications carrier shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from the time of discovery, and the facility shall be maintained in the original condition as approved. COAL l 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 approved development. COA12 That extensions for further time to complete conditions of approval Planning maybe granted in accordance with Section 18.60.170 of the Anaheim Municipal. COA13 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 Federa] 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. - 5 - 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 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 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 2Q 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. CHAIItMAN, 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 February 20, 2008, by the following vote of the members thereof: AYES: COMMISSIONER: NOES: COMMISSIONER: ABSENT: COMMISSIONER: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 6 - PC2008-*** ATTACHMENT NO. 2 TION NO. P A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0.4136 BE GRANTED FOR FIVE (6) YEARS WHEREAS, the Anaheim Clty Planning Commission d(d receive a verified Petition for Conditional Use Permit for pertain real property sifuated in the City of Anaheim, County of Orange, State of Califomla, described as: THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY. EXCEPT THEREFROM THE SOUTHERLY 22 FEET THEREOF, AS CONVEYED TO THE CITY OF ANAHEIM FOR STREET PURPOSES BY DEED RECORDED MARCH 10, 1939 IN BOOK 981, PAGE 510; OFFICIAL' RECORDS. ALSO EXCEPT THEREFROM THAT PORTION DESCRIBED AS BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF SAID NORTHEAST' QUARTER WffH A LINE PARALLEL WITH AND EA97ERLY 322 FEET MEASURED AT RIGHT ANGLES FROM THE WESTERLYLINE SAID "' NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER ANO RUNNING THENCE SOUTH 89 DEGREES 36 MINUTES 48 SECONDS EAST, ALONG SAID NORTHERLY LINE, 34311 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 3; THENCE SOUTH 0 DEGREES 21 MINUTES 16 SECONDS WEST, ALONG THE EAST UNE OF SAID SOUTHWEST QUARTER 450.75 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 44 SECONDS WEST 30 FEET; THENCE NORTH 19 bEGREES 23 MINUTES 33 SECONDS (NEST 82.87 FEET; THENCE NORTH 69 DEGREES 54 MINUTES 04 SECONDS' WEST 48.37 FEET; THENCE NORTH 82 DEGREES 12 MINUTES 21 SECONDS WEST 245.40 FEET TO A POINT ON SAIDPARALLEL LINE, SOUTHERLY 317.17 FEET FROM THE POINT OF BEGINNING; THENCE' NORTHERLY 317.17 FEET ALONG SAID PARALLEL UNE TO THE POINT OF BEGINNING, CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED AUGUST 21, 1956 IN BOOK 3818, PAGE 371, OFFICIAL RECORDS, AND BY DEED RECORDED MARCH 23, 1958 IN BOOK 4241, PAGE 14, OFFICIAL RECORDS ALSO EXCEPT THEREFROM THAT PORTION THEREOF DESCRIBED AS BEGINNING AT THE NORTHWEST CORNER OF THE WESTERLY 322 FEET OF SAID NORTHEAST QUARTER AND RUNNING THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID WESTERLY 322 FEEL TO THE EASTERLY LINE OF SAID WESTERLY 322 FEET; THENCE SOUTHERLY, ALONG SAID EASTERLY LINE, 317.17 FEET; THENCE WESTERLY IN A DIRECT LINE TO A POINT IN THE WESTERLY LINE OF SAID WESTERLY 322 FEET, DISTANT SOUTHERLY ALONG SAID WESTERLY LINE 275.31' FEET FROM SAID POINT OF BEGINNING; THENCE NORTHERLY, ALONG SAID WESTERLY UNE, 275.31 FEET TO SAID POINT OF BEGINNING, AS CONDEMNED BY THE STATE OF CALIFORNIA FOR FREEWAY PURPOSES, BY DECREE RECORDED DECEMBER 12, 1958 IN BOOK 4514., PAGE 309, OFFICIAL RECORDS. CR3685PK.DOC -1- PC99-128 WHEREAS, the City Planning Commission did fiold a public hearing at the Civic Center in the City of Anaheim on July 7, 1999 at 1:30 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 18.03, to hear and consider evidence for and against Bald proposed condltionai use pertmif and fo investigate and make Endings and recrommendatlons in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in Its behalf, and after due consideratlon oP all evidence and reports offered et said hearing, does find and determine the following facts: 1. That the proposed use Is property one for which a conditional use permit Is authorized by Anaheim Municipal Code SecQon 18.63.050,410 to construct a telecommunications facility "monopalm " 2. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it Is proposed to be located. 3. ..That the size and shape of the site for the proposed use Is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. That the trafficgeneretad by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry. the iraiflc in the area.. 5. That granting of this conditlonai use permit, under the conditions Imposed, will not be detrimental to the peace, health, safety and generatwelfare of the citizens of the City of Anaheim. 6. That no one Indicated their presence at said public hearing in opposHion in the proposal; and That no correspondence was received !n opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Cily Planning Commission has reviewed the proposal to construct a telecommunicatlons fatality. "monapalm on a 2.69•acre rectangularly-shaped properly having a frontage of 322 feet on the north side of Commercial Street, a maximum depth of 355 feet and being located 375 west of the centerflne of Patt Street at 201 East Commercial Street (Robertson's Ready Mix); and does hereby approve the Negative Declaration upon Ending that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative DeGawUon togetherwifh arty comments received during the public review process and furtherftnding on the basis of the Initlaf study and any comments received that there is no substantial evidence that the project wUl have a signiflcant effect on the environment.: NOW, THEREFORE, BE I'C RESOLVED that the Anehetm City Planning Commission does hereby grant subject Petition for Conditional Use Permit forfiva years, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of ilia subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim:.. 1. That the proposed telecommunicatlons facility, consisting of one (1) monopole and three (3) antennas arrays with five (5) antennas each, shall be permitted for a period of flue (5) years, to expire on July 7, 2004. 2. That a maximum of three (3), thirteen (13) foot wide, antenna arrays with flue (5), one (1) foot by four (4) foot, panel. antennas attached to each array (fifteen (15) panel antennas total) shat) be located on the monopole and that the overall swcture shall not exceed a maximum height of sixty two (62} feet for the monopole and the antennas. Said infCrtnation shall be speciflcaify shown on plans submitted for budding permits. No additional or replacement antennas shell ba permitted without prior review and approval by the Planning Gommission. ; CR3685PK.DOC -2- PC98-126 3. That a landscaping and irrigation plan for subject property shall be submitted to the Zoning Division for review and approval. Sold plans shall show that ai least three (3) live palm trees, minimum forty (40) feet in height, shall be located within dose proximity of the monopole and equipment endosure. Any decision made by the Zoning Division regarding said plan may he appealed to the Planning Commission and/or City Council. 4. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 5. That no signs, flags, banners or any other form of advertising or identlficatlon shat! be attached to the proposed monopole or array structure,::.. 6. That the (square-shaped) monopole shall be painted brown to appear similar to a palm tree trunk in order to blend wish the three living palm trees.. The antenna arrays and individual panel antennas shalt be painted green to match the artifldai palm fronds attached to the monopole strudnre. Said informedon shall be spedflcally shown on plans submitted for building permits, 7. That the height of the monopole shall not exceed the heighf of the attached antenna array and panel antennas. If the antennas are lowered, the monopole height shall be lowered (or removed) to coaespond with the lower height. 8. That any necessary relocatlon of existing electrical fadlities or street lights shall be at the developer's expense, 9. That the legal owner of this property shall provide the City of Anaheim with a public utilities easement to be detartnined as the elecrtrical design is completed. Sold easement shall be submitted to the City of Anaheim prior to Issuance of any permits by the Building Division. 10. That no structures, no plant materials, and no Ilve or simulated trees shall encroach into the public utility easement. 11. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscape maintenance, removal of trash and debris, and removal of greffiti within twenty four (24} hours from time of oxtrrrence. 12. That fresh storage areas shall be provided and maintained in a loc;adon acceptable to the Public Works Deparbent, Streets and•Sanitadon Dtvision, and In accordance with approved plans on flte with said Department. Said storage areas shall be designed, located and screened so as not to be readily idendftable to adjacent streets. The endosure walls of the storage areas shalt ba protected from greftiti opportunities by the use of plant materials such as clinging vines or tall shrubbery. Sold informedon shall be spedfiplly ahown an the plans submitted for Streets and Sanitation Division approval 13. That trash storage area(s) shall be refurbished to include gates to comply with approved plans on file with said the Public Works Department and to the sadsfadlon of the Streets and Sanitation Division. 14. That barbed wire fencing is not permitted in anyfocadon where visible to the publicright-oF way. Revised fencing plans removing the barbed wtra where visible to the public right-of-way shall be submitted to the Planning Department for review and approval. 15 That the subject property shaft be developed substantially In accordance with the plans and speciflcadons submitted to the Ctiy 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. CR3685PK.DOC -3- PC99-126 is. That prior to issuance of a permit by the Bunding Division or within a period of one (1) year from the..... date of this resolution, whichever occurs first, Condition Nos. 2, 3, 6, 8, 12 and 14, above-mentionetl, shall be compiled with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Cade. 17. That prior to final building and zoning inspections, Condition No. 13 and 15, above-mentioried, shall be compiled with. 18. That approval of this application constitutes approval of the proposed request only to the extent that It complies with the Anaheim Municipal Code and any other applicable City, State and Federa{ regulations. Approval does not tnclude 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 City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicants compliance with each and all of the conditions hereinabove aet forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final Judgment of any court of competent jurisdiction, then this ' Resolution, and any approvals herein contained, shall be deemed null and void: THE FOREGOING RESOLUTION was adopted at the Planning Commission meeiing of July 7, 1999. {~flil i~~ ~~~n•°~ t„~ C~ ti„ ir~, 8fiS6Ci~ a, ~.. U ~~C~ii,,.. CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: (Original signed by Margarita Solorioi SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio. Secretary of the Anaheim City Planning Cbmmission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on July 7, 1999, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT:COMMISSIONERS: FJ;PiNG IN WITNESS WHEREOF,1 have hereunto set my hand this day of 1999. IOri~ln21 Sf~'A:~ `,j ";.r,1:It3 SOIOPIO)' SECRETARY, ANAHEIM CITY PLANNING COMMISSION CR3685PK.DOC -4- PC99-126. o~ P~PHe~nr c"~<~ r F ~z v a _. ~D~NDED ~$~^ Item Ivo. 5 OPEN SPACE ' T oM N RR~T~S AVENUE ; Pp IFIG R GE • NURSERY SDIffNEN ` - ; Zag ®m®o I N UNDARY O Q , ' m~ ®NOLE UM'~ B 2 .M ~I,pTIN I ; I I D. FIRM ~Q~ SMALL IN .FIRMS ' 5 ~ , ~ I ' IND. FlRM IND. IFlRM fijJ I ' SMALL IND. FIRMS ~~ 8 ~~ RCL9 .00-18-.. ~ , ' CUP Z00&05300. ' I ,. CUP'1307 I SMALL IND S"; , ' `~ ' 'k i{' SMALL IND. FIRMS ' I- U I IND. FIRM , Y, ' ~ ' , ; W , a I ; r ri ~~ X ~ SMALL IND FIRMS , I ' IND. FlRM 1 y m ~ ~, I ~~i•A t + ~ , L~ i ~ l4~u` I, ~~ N ~ r ~~ f 4 (, ~ I I ~ , ' S D M ~ _a a J FIR S I ¢ Z , STADIUM PLA7A 2 2 ru ; BUSINESS PARK > I y ~, SMFl MIS D. SMALL IND. FIRMS S t- ' y a So A0o _____________ _ ___ __ __ Fe¢t Subject Property Conditional Use Permit No. 2008-05300 Date: February 20, 2008 1601 South Sunkist Avenue, Unit A toms 0 50 100 Conditional Use Permit No. 2008-05300 1601 South Sunkist Avenue, Unit A, Aerial Photo: Subject Property Date: Febniary 20, 2008 10473 .ITEM NO. S PLANNING COMMISSI®N AGENDA REP®RT City of Anaheim PLANNING DEPARTMENT DATE: FEBRUARY 20, 2008 FROM: PLANNING. SERVICES MANAGER SUBJECT: CONDITIONAL USEPERMIT N0 2008-05300 LOCATION: 1601; South Sunkist Street, Unit A APPLICANT/PROPERTYQWNER:: The applicant is Tom Hubbazd'on behalf of Flightdeck Air Combat Center and the property owner is 12REEF America }3EIT II Corporation. :REQUEST: The applicant requests approval to establish an indoor recreation center with flight simulation stations: RECOMMENDATION: Staff recommends that the Commission take the following actions: (a) By motion, approve a Categorical Exemption, Class 1. (b) By resolution, approve Conditional Use Permit No. 2008-05300. BACKGROUND: The approximately 2.54-acre site is developed with two buildings within an industrial business park. The site is located within the Industrial (I}zone: The General Plan designates this property and properties to the north; east and west'for Industrial land uses. PROPOSAL: The applicant proposes to establish a 3,600 square foot flight simulation facility within an 18,262 square foot light industrial building. The facility includes seven flight simulation stafions serving individuals and small corporate groups on an appointment basis. The facility is also available for birthdays or other private events. The proposed hours' of operation aze as follows: Monday Closed Tuesday through Thursday 12:00 p:m: to 8:00 p.m. Friday and Saturday. 12:00 p.m. to 10:00 p.m. Sunday 12:00 p.m. to 8:00 p.m. .The facility operates with three to four employeeson the weekends and two employees during the week. 200 S. Anaheim Blvd: Suite #162 : Anaheim, CA 92805 '. Tel: (774) 765.5139 '. Fax: (714) 765-5280 www.anaheim.nat CONDITIONAL USE PERMIT N0.2007-05300 February'20, 2008 Page 2 of 2 The tenant space is located within an industrial business pazk with reciprocal'access and pazking areas available to several buildings. There aze 91 parking spaces in the immediate vicinity of the facility that aze shared between the subject building and the building to the north of the`site. Both buildings are occupied by light industrial uses. Based on the current parking ratio for industrial uses, a maximum of 75 pazking spaces would be required for the two buildings. AN1aLSCSIS: The business: has been in operation for over a year. The business is considered: an indoor recreational facility. and is pernutted with'a conditional use permit... The applicant has submitted the proposed applicafion to secure zoning approval and continue operation of the business. Generally indoor recreational activities generate more parking demand than a typical light industrial use and the number of parking spaces needs to be determined through preparation of a pazking demand analysis; however, given the size, hours of operation, and the target group: for this specific recreationactivity staff determined that the parking demand would be similaz to an office use. In addition, the majority of the business hours for the proposed use aze'during non-peak evening and weekend hours when most of the other businesses are closed. Further,. during the current operationbf the business, nopazking deficiency or complaint has been reported. Therefore, the existing 91 parking spaces aze adequate for the industrial park uses,' including the proposed use. The Anaheim Police Department and Code Enforcement Division haue reviewed the request and determined that there are no concerns with the proposed'.: operation.' The applicant has also submittedletters of support from several business owners in the area. Based upon this information and the applicant's lettef of operation, staff supports the request to permit this indoor recreationfacility. Respectfully submitted, Con erred y, ~~~ q~~ Principal Planner g Services Manager Attachments: 1. , Draft Resolution 2: Letters of Request and Support The following attachments were provided to the Planning Commission and aze available for public review at the Planning Services Division at City Hall. 3. Plans. 4. ' Photos [IDRAFT] AT'1rACJEIIVIENT NO. 1 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0.2008-05300 BE GRANTED (1601 S. SUNKIST STREET, SUITE A) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL A: PARCELS 1 THROUGH 8INCLUSNE, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 35, PAGE 38 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT ALL OIL, GAS AND/OR MINERALS IN AND UNDER SAID LAND, AS RESERVED IN THE DEED RECORDED OCTOBER `I, 1954 IN BOOK 2831, PAGE 293 OF OFFICIAL RECORDS, WITH ALL OIL, GAS AND/OR OTHER MINERALS IN AND. UNDER THE LAND ABOVE A DEPTH OF 500 FEET MEASURED VERTICALLY FROM THE SURFACE OF SAID LAND INCLUDING THE RIGHT OF SURFACE ENTRY HAVING BEEN QUITCLAIMED BY INSTRUMENT RECORDED JANUARY 9, 1970 IN BOOK 9187, PAGE 525 OF OFFICIAL RECORDS. PARCEL B: PARCELS I THROUGH 22 INCLUSNE, OF PARCELMAP NO. 80-272; IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 162, PAGES 27 THROUGH 31, INCLUSNE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT FROM SAID PARCELS 4, 5 AND 6 ALL MINERALS, OIL, GASES AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT MAY BE WITHIN OR UNDER SAID LAND, WITHOUT, HOWEVER, THE RIGHT TO DRILL, DIG OR MINE THROUGH THE SURFACE OR THE UPPER 500 FEET THEREOF, AS EXCEPTED IN THE DEED RECORDED FEBRUARY 29, 1972 IN BOOK 10018, PAGE 953 OF OFFICIAL ..RECORDS. PARCEL C: AN UNDIVIDED 17/64TH INTEREST IN AND TO THAT PORTION OF THE EAST 12.16 ACRES OF LOT 5 AND OF LOT 4 OF THE TRAVIS TRACT, IN THE CITY OF, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK S, PAGE 121) OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, SHOWN AS `NOT A PART' ON PARCEL MAP N0. 80-272 RECORDED IN BOOK 162,. PAGES 27 THROUGH 31,1NCLUSNE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT ALL OIL, GAS AND/OR MINERALS IN AND UNDER SAID LAND, AS RESERVED IN THE DEED RECORDED OCTOBER 1, 1954 IN BOOK 2831, PAGE 293 OF OFFICIAL RECORDS, WITH ALL OIL, GASAND/OR OTHER MINERALS IN AND UNDER THE LAND ABOVE A DEPTH OF 500 FEET MEASURED VERTICALLY FROM THE SURFACE OF SAID LAND INCLUDING THE RIGHT OF SURFACE ENTRY HAVING BEEN QUITCLALMED BY INSTRUMENT RECORDED JANUARY 9, 1970 IN BOOK 9187, PAGE 525 OF OFFICIAL RECORDS. PARCEL D: PARCELS 1 THROUGH 11 INCLUSNE, OF PARCEL MAP NO. 83-244, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED - 1 - 2008-*** IN BOOK 186, PAGES 16 AND 17 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT FROM SAID PARCELS I THROUGH 7 AN UNDNIDED ONE-HALF INTEREST IN ALL OIL AND MINERAL RIGHTS BELOW A ` DEPTH OF FNE HUNDRED FEET FROM THE SURFACE OF SAID PROPERTY, WITHOUT THE RIGHT OF SURFACE ENTRY TO SAID PROPERTY, AS EXCEPTED AND RESERVED IN THE DEED RECORDED JULY 31, 1959 IN BOOK 4822, PAGE 288 OF OFFICIAL RECORDS. WHEREAS, Conditional Use Permit No. 2008-05300 is proposed to permit an indoor recreational facility with seven flight simulator stations within an existing industrial/office building; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 2Q 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 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 indoor recreational facility is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.10.030 (Indoor Commercial Recreation). 2. That due to the size, hours of operation and nature of the proposed facility, the existing pazking provided for the office uses is adequate to accommodate the proposed use. In addition, since the peak hour pazking demand for the business is during off peak hours of the adjacent office uses, the requested use will not cause fewer off-street parking spacesto be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use. 3. 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 4. 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 azea because adequate pazking is provided on-site; and. 5. 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 - 2 - 2008-*** 6. 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 1?ermit, 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: Responsible for COA Conditions of Approval Monitoring COA 1 That no required pazking areas shall be fenced or otherwise enclosed fof outdoor storage uses. Code Enforcement COA 2 That the business shall operate within the 3,600 squaze feet tenant space and planning with maximum seven (7) flight simulation stations during the hours of 12:00 p.m. to $i00 p.m. on Tuesday through Thursday, 12:00 p.m. to 10:00 p.m, on Friday and Saturday, and 12:00 p.m. to ~i00 p.m. on Sunday. That the property shall be permanently maintained in an orderly fashion COA 3 through the provision of regular landscaping maintenance, removal of trash Code or debris, and removal of graffiti within twenty-four (24) hours from the Enforcement time of discovery. That subject property shall be developed substantially in accordance with COA 4 plans and specifications submitted to the City of Anaheim by the project applicant and which plans are on file with the Planning Department mazked Planning Exhibit Nos. 1 and 2 of Conditional Use Permit No 2008-05300, and as conditioned herein. That the reaz entrance door shall be numbered with the same address COA 5 numbers or suite number of the business. Minimum height of 4 inches recommended. Police That the roof top address numbers shall be provided for the police COA 6 helicopter. Numbers should face the street with a minimum size of 4 feet in height and two feet in width with a minimum 6 inches thiclmess 12 to 18 Police inches apart painted with contrasting colors to the roofing material. - 3 - 2008-*** COA Conditions of Approval Responsible for Monitoring That approval of this application constitutes approval of the proposed COA 7 request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Planning Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. That extensions for further time to complete conditions of approval may be COA 8 granted in accordance with Section 18:60.170 of the Anaheim Municipal planning Code. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly. predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant irresponsible 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, whicheverbccurs 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 20, 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 - 4 - 2008-*** 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 February 20, 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 - 2008-*** ATTAC~IMENT N0.2 Statement of Operation for Afterburner Flight Simulation Center (OBA Flightdeck Air Combat Center) Flightdeck Air Combat Center is a facility where individuals and small groups can experience what it is like to be a jet fighter pilot. Seven authentic F-16 jet fighter cockpit simulators are networked by computer, allowing up to seven pilots to fiy the same mission as a team or enjoy the thrill of air-to-air combat (aka dog-fighting). Flightdeck has many target markets. Flightdeck is open to the general public on an appointment basis. Walk-in business is not advertised or encouraged, but will be accepted on an as-available basis. We appeal to the tourist visiting Orange County as a fun place to be entertained after they have experienced Disneyland and the other attractions in the county. We appeal to the business traveler who is looking for a fun, safe place to be entertained. In addition, Flightdeck is available to be rented on an exclusive basis by businesses and private groups. The general public is able to use the facility for birthday parties, bachelor parties, or other private events. We are specifically focusing on developing team-building programs aimed at corporate groups for a smaller, more intimate venue for developing team morale, unity, and communication. Flightdeck also is very active in the community; donating to multiple charitable organizations and civic groups. We also have hosted fund-raising events on behalf of the American Cancer Society and the Foundation for AIDS Services. Our desire is to continue to develop into a valuable community resource as well as provide a unique and valuable service to enhance Anaheim's growing reputation as the entertainment center of Southern California. The ownership's intention is to move to a larger facility as soon as possible to expand its ability to host larger groups and events. The current lease expires in April of 2008. Flightdeck's current operating hours are as follows: Monday closed Tuesday 12 pm to 8 pm Wednesday 12 pm to 8 pm Thursday 12 pm to 8 pm Friday 12 pm to 10 pm Saturday 12 pm to 10 pm Sunday 12 pm to 8 pm Flightdeck operates with a maximum crew of three employees during the week and four employees on the weekends. Normally there are only two employees wcrking on week days. FLIGHTDECK AIR COMBAT CENTER 1601 S. Sunkist St., Und A Anaheim, CA 92806 (714) 937-1511 wrvw:FlyFlightdeck.com Gty of Anaheim Planning Commission Dear Sirs; It has come to our attention that Flightdeck Air Combat Center is in the process of applying for a Conditional Use Permit to operate at their current location. This letter is to inform you ti~at our business has not been adversely impacted ih any way (parking or other) by Flightdeck's operation. Sincerely; Signature Company 1~~. 1~f~P 1~~ L ~~ U~~iCLS~ ~/~rC Address L6C-~ ~ S ~vn7 ~S ( ~clp,. c~ Phone ~~ ~~ `~?d ~ r Date ~ ` ~ ~ ~ ~ ~R~ N0, 2(1Q7 - 0 0 0 8 ~ City of Anaheim Planning Commission Dear Sirs; It has come to our attention that Flightdeck Air Combat Center is in the process of applying for a Conditional Use Permit to operate at their current location. This letter is to inform you that our business has nat been adversely impacted in any way (parking or other) by Flightdeck's operation. Sincerery; Signature Company Address i ~a I S . 4~pvlUS~ S7. Cm=. ~ Phone "~l~ _ a37-o1~2 Date o ~ ~ 12 ~Zoo`7 PRE N0.2~07 - ~ a o s 5 City of Anaheim Planning Commission Dear Sirs; It has come to our attention that Flightdeck Air Combat Center is in the process of applying for a Conditional Use Permit to operate at their current location. This letter is to inform you that our business has not been adversely impacted in any way {parking or other) by Flightdeck's operation Sincerely; Owner/M~ Signature Company TA+H TF_cr~uOLOb~I usr4 , ~~c.. A Address ~g7r 5• SdP~1L1.ST ST', S~11TF y~l Phone ~ ~ ~t . ~ ~ z _ ~ s3 g Date 6 ~~ z / o~ ~~ ~o. 2aa~ - ~ a o s 5 City of Anaheim Planning Commission Dear Sirs; 1 It has come to our. attention that Ftightdeck Air Combat Center is in the process of applying for a Conditional Use Permit to operate at their current location... This letter is to inform you that our business has not been adversely impacted in any way (parking or other) by Flightdeck's operation. Sincerely; ~ ~~ Signature Company cen..~~,f~ e,,..~-C ~ ~~«~R , `~-t~~e . Address. I S ~ I ~. ~.,,,,~.,~ ~ 5~., ~ Phone ~ ~~1- a td~ - ~ 1 ~~ Date (~ ~ t 2. ~s? '~ ARE ND. 2007 - ~ a o 8 5 City of Anaheim Planning Commission Dear Sirs; It has come to our attention that Flightdeck Air Combat Center is in the process of applying for a Conditional Use Permit to operate at their current location. This letter is to inform you that our business has not been adversely impacted in any way (parking or other) by Flightdeck's operation: Sincerely; ~. Signature~~ ~'` Company s.la~-~ o~~ ~, l ~-~.: C ~t 7 -P~vc-~ ~ Address ~ 5 ~ ~ S . ~ ~1 ~-t~ ~~ Phone '~ l ~ -l ~ ~-( 3 ~ ~ ~~ ~~c °t' fib. Date ~~ - / Z - d E ~o. Zoa~ - a a o s~ City of Anaheim Planning Commission Dear Sirs; It has come to our attention that Flightdeck Air Combat Center is in the process of applying for a Conditional Use Permit to operate at their current location. This letter is #o inform you that our business has not been adversely impacted in any way (parking or other) by Flightdeck's operation. Sincerely; ~. Signature Company Address _ Phone _ Date ~~ r ~ C. ~ 6 -I Z~-~7 o9~r -~ ~~ N®. 2eo~ - m o s s Tentative Tract Map No. 17219 Tentative Parcel Map No. 2007-163 General Plan Amendment No. 2007-00462 Reclassification No. 2007-00210 Conditional Use Permit No. 2007-05242 Development Agreement No, 2007-00004 Final Site Plan No. 2007-00010 Specific Plan Amendment No. 2007-00049 2232 South Harbor Boulevard Subject Property Date: February 20, 2008 10430 General Plan Amendment No. 2007-00462 Tentative Tract Map No. 17219 Subject Property Tentative Parcel Map Ido. 2007-163 Date: February 20, 2008 Reclassification No. 2007-00210 Conditional Use Permit No. 2007-05242 Development Agreement No. 2007-00004 Final Site Plan No. 2007-00010 Specific Plan Amendment No. 2007-00049 2232 South Harbor Boulevard 10430 o so too Aeriai Photo: ruxo July 2008 'ITEM N0.6' PLANNING COMMISSION AGENIDA REPORT City of Anaheim PLANNING DEPARTMENT DATE: FEBRUARY 20, 2008 FROM: - __ PLANNING SERVICES MANAGER SUBJECT: MITIGATED NEGATIVE DECLARATION AND' MITIGATION MONITORING PROGRAM NO. 154 GENERAL PLANAMENDMENT NO: 2007-00462 RECLASSIFICATION N0: 2007-00210 SPECIFYC' PLAN'AMENDMENT NOr 2007-00049 'CONDITIONAL USE' PERMIT'NO2007-05242 WITH WAIVER OF A CODE'REQUIItEMENT DEVELOPMENT AGREEMENT N0.2007-00004 "FINAL SITE'PLAN NO.'2007-00010 TENTATIVE PARCEL MAP NO.2007-163 TENTATIVE'TRACT MAP`NO.17219 ''' `LOCATION: 2232 South Harbor Boulevazd APPLICANT/PROPERTY OWNERt The applicant is Millenium Renaissance Hazbor, LLC, and'the property owner is'P.A. Poon and Son, Ina ::REQUEST: The'applicant proposes #o develop a mixed use project consisting of a 102-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 Boulevazd, and a 191-unit, 3 to 5"story condominium complex, including nine live/work units, bn the eastern 3.3- acre portion'ofthe project site. RECOMMENDATION: Staff recommends that the Commissiontake the following actions; (a) By motion, approve a Mitigated Negative Declazation and Mitigation Monitoring Program Not 154. (b) By resolution, recommend that the City Council approve General Plan Amendment No 2007-00462. (c) By esolution, approve Reclassification No• 2007-00210. (d) By resolution, recommend that the City Council approve Specific Plan Amendment Na' 2007-00049. (e) By resolution, approve Conditional Use Permit No; 2007-05242 with a waiver of the code to allow the 1.91-unit condominium complex'to have'no lot frorrtage zoo s. Ananeini aivd. adjacent to a public street. Suite#162 Anaheim, CA 92805 '. Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.nel GENERAL PLAN AMENDMENT N0.2007-00462 February 20,2008 Page 2 of 6 (f) By motion, continue consideration of Development Agreement No. 2007-00004 to the Mazch 17, 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 No. 2007-00010. (h) By resolution, approve Tentative Pazcel Map No. 2007-163. - (i) By resolution, approve Tentative Tract Map No. 17219. (j) By motion, request City Counclfeview of the Commission's decisions on Items (c), (e), (g)> ~) and: (i): BACKGROUND:: At the request of the applicant, this item was continued from the January 7, January 23, and February 4, 2008 meetings to allow for additional time to resolve entitlement issues. 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 land 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 aze 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 adjacent to Hazbor Boulevazd and a 191-unit condominium complex, to include live/work units,on the eastern 33-acre portion of the property: The hotel will include a 2 level underground parking structure, hotel lobby, restaurants, and retail stores on the ground level, and 3 stories of hotel rooms above the: ground level.. The condominium complex will include a 2 level underground pazking structure, two buildings ranging from 3 to S stories in height with 191 condominium units, a recreation room, health club, lobby, nine) live/work units, and interior courtyards with a pool and spa. Amore detailed analysis of the proposed project isprovided 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 proposed. 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-acrearea is located at the reaz o£the property;and is bounded on two sides by existing multiple-family residential uses. Therefore, he 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. GENERAL PLAN AMENDMENT NO.2007-00462 February 20, 2008 Page 3 of 6 amendment would also be consistenYwith the following goals contained in the Land Use Element of the General Plan: Goa14.1 -Promote development. that integrates with and minimizes impacts to surrounding land uses, The proposed amendment would facilitate the construction of a mixed useproject with hotel uses adjacent to Harbor Boulevazd and residential uses adjacent to existing residential uses to the east and south. , Goa15.1 -Create and enhance dynamic, identifiable places for the benefit ofAnaheim residents, employees and visitors:. The proposed amendment would provide an additional housing opportunity, while maintaining opportunities to construct visitor-serving uses adjacent o Hazbor Boulevazd, one of the main comdors in-The Anaheim Resort. Goal 2.1 -Continue to provide a variety of quality housing opportunities to address the City's diverse housing needs and Goa17.1 -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 neaz the I-5 Freeway, and the Anaheim Amtrak/Metrolink station. Reclassification: The`4.8-acre property is currently 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 Mulfiple Family,Residen6al, 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 by removing the eastern 3.3 acres of the property from the ARSP consistent with the proposed General Plan Amendment and 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. squaze feet of accessory uses for the western 1:5-acre portion of the property adjacent to Hazbor Boulevard and permitting reduced front and interior setbacks and distance between driveways. ; The density provisions for the ARSP were established lazgely inconsideration of The Anaheim Resort's infrastructure capacity. `The existing ARSP hoteUmotel Lowbensity 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 Mitigated NegativeDeclazation (MND) prepazed 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 GENERAL PLAN AMENDMENT N0.2007-00462 February 20, 2008 Page4of6 land uses for the 4.8-acre property including the proposed 102-room hotel with accessory uses " and the 191-unit condominium complex.. The applicant also proposes to amend the ARSP to permit reduced front'and interior'setbacks. The ARSP requires a front setbackof 20 feet adjacentto Harbor Boulevazd a 20-foot setback adjacent to the proposed condominium complex to the east and 10-fooYsetbacks adjacent to interior property lines to the north and south. The applicant proposes a minimum4-foot wide ' ` setback adjacent to Harbor Boulevard to accommodate a subterranean parking structure, no setback between apazking azea ohthe hotel site and an adjacenf 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 roads: Staff supports these modifications as the design of the subterranean pazking structure will not preclude the planting of 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 ARSI'`to permik a reduced distance between driveways along Harbor Boulevazd. Code requires a minimum distance of 40 feet between driveways and' ` the applicant is proposing a minimum distance' of 20-feet between proposed bn-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 signal and 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. Condifional Use Permit, Final Site Plan and Waiver of Lot Frontage Requirements: A conditional use permit is being requested to allow the proposed mixed use project with`a hotel on the western 1.5-acre portion of the site and a 19I-unit condominium complex, including nine live/work' units, on the eastern 3.3-acreportion 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 permit for projects implementing the MU Overlay zone in order to establish appropriate setback and building 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, efficient internal pedestrian and ` vehicular 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, that adequate privacy and light aze provided for the residential units, and that the hotel fagade would have an attractive appearance from Harbor Boulevazd. The applicant also requests to subdivide the property and create a "landlocked" parcel on the eastern 33-acre portion of the site. Code requires every lot to have frontage'on a public street. GENERAL PLAN AMENDMENT N0.2007-00462 Febmary 2Q 2008 Page 5 of6 Staff supports the waiver of minimum lot frontage since the eastern 3'.3=acre portion of the site will gain access to Hazbor Boulevard through a reciprocal access easement. DDevelopment ~igreement: The applicant has submitted a draft Development Agreement between the City of Anaheim and Millenium Renaissance Harbor,: LLC which has been provided to the Commission. Staff has determined that the Agreement in its present formis not ready for Planning Commission consideration as the Agreement is still being negotiated with staff, thee. Agreement has not been. approved: as to form by the City Attorney's Office, the '' language conflicts with existing fee and process requirements, the Agreemenf does not include benefits to the City of Anaheim above and beyond the project-related improvements required by code and there are editorial and formatting issues with respect to the description of the project entitlements. Staff recommends that the Agreement be continued to the March 17, 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. Environmental Impacts: A Mitigated Negative Declaration (MIND) and Mitigation Monitoring Program (NIIvIP) have been prepazed 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. Comments on the MND were received from various public agencies before the end of the review period. 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 areas include Aesthetics, Air Quality, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, Public Services, Recreafion, 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. CONCLUSION: The proposed project would improve a vacant underutilized parcel with an attractive, integrated mixed use development compatible with adjacent land uses in the area. It would provide for hotel and commercial uses along Hazbor Boulevard, 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 properly. Therefore, staffrecommends approval of this request. Respectfully submitted, Con ed by, Principal Planner Pl g Services Manager Attachmentsc 1. Project Summary' 2, Draft General Plan Amendment Reso 'on GENERAL PLAN AMENDMENT N0.2007-00462 February 20, 200$ Pege 6 of 6. 3. Draft Reclassification. Resolution; 4. Draft Specific Plan. Amendment Resolution 5. Draft Conditional Use Permit Resolution 6. Draft:Tentative Tract Map Resolution 7. Draft Tentative PazceP Map Resolution 8. Draft Final Site Plan Resolution:- 9. Proposed Site Plan The following attachments were provided to the Planning Commission and ate available for public review at the Planning Services Division at City Hall. 10. Initial Study and Mitigated: Negative Declaration 11. Plans: 12. Comments submitted on tha Mitigated Negative Declazation A'T'TACHMENT N®. 1 PR®JECT S Y H®TEL PARCET. ~ ~~¢ ~~atcd"'dl~ ~ ~ ;~ ; ~- ~ ~~p~~ : ~~~~~o' eat ~ E ~ ;;1.~riTs X , .:.. .. .... Site Area 1.5 acres N/A Pazkin 269 257 er azkin stud Landscaping Setback Adjacent to Hazbor Blvd. 20 feet 20 feet North* 6 feet* 10 feet South* 6 feet* 10 feet East* 0 feet* 20 feet * Specific Plan Amendment requested RESH)ENTTAL PARCEL ' .f- ~ Site Area 3.3 3 Pazkin 447 s aces 444 er azkin study Landscanin¢ Setback: North 6 feet Determined by CUP South 6 feet East 6 feet West 15 feet Buildin Hei t 55 feet) Detemuned b CUP [DRAFT] ATTACI~MENT N®. 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 Counci] 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 of 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 eastem 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 heretoand 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, Fina] 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 eastem 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 public hearing 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 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 General Plan Amendment No. 2007- -1- PC2008-*** 00462, and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued from the January 7, January 23, and Februazy 4, 2008 hearings; 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 find: 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 are consistent with Goa] 2.1 of the Land Use Element of the General Plan to continue to provide a variety of quality housing opportunities to address the City's diverse housing needs, Goal 4.1 of the Land Use Element of the General Plan to promote development that integrates with and minimizes impacts to surrounding land uses, Goal 7.1 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 Goal 5.1 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 ]and uses along the western 1.5-acre portion of the subject property adjacent to Harbor Boulevard 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 consisaints, 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 Harbor. 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. -2- PC2008--*** 5. That *** perspns spoke with concerns relating to the subject request; 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 Mitigated Negative Declaration and the associated Mitigation Monitoring Program 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 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 February 20, 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 February 20, 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-*** General Plan amendment No. 2007-00462 Land Use Element m l ~ f Gommerdal Recreatlon O W J ~ o Q 3 m m m ~ _ WILKEN WAY rt r _r_ Commercial Recreation Existing Land Use Designation -Commercial Recreation Figure 2 Commercial Recreation 0 Q W J ~ c 3 m a ~ O A WILKEN WAY Z C16B r- IR Proposed Land Use Designation -Mixed Use Figure 3 2684 r fi ~ C ~ e 1~ O ?.u ~ '~ 3nN3AV NLL9RL 3nN34V ~ Nll6n1 P ~L 1,~ a ~ Q ... 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I Commercial Recreation on O J 1 � 1 3: I 1 1 I Legend 1 1 ® Commercial Recreation Residential -Low Medium The Anaheim ResortTM I L , City Boundary Proposed Land Use Designation G.P. AMENDMENT 2007 -00462 EXHIBIT A APPROVED BY RESOLUTION NO. DISAPPROVED OF THE ANAHEIM PLANNING COMMISSION vaLc Commission Chairman Commission Secretary APPROVED BY RESOLUTION NUMBER NO. _ DISAPPROVED OF THE ANAHEIM CITY COUNCIL Date CITY OF ANAHEIM �P�ypHEiM Oq< - O O� January 7, 00 h' x v a • F��NDED `ayA. 0 100 200 Feet 400 2664 [DRAFT] ATTAC1rIMENT N0.3 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 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 Harbor 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, Reclassification No. 2007-00210 is proposed to reclassify the eastern 3.3-acre portion ofthe 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 thee. 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 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 Reclassification No. 2007-00210, and to investigate and make findings and recommendations in connection therewith; and that said public heazing was continued from the January 7, January 23, and Februazy 4, 2008 hearings; 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-*** 4. That the proposed reclassification ofsubject property is necessary and/or desirable for the orderly and proper development of the community.. 5. That the proposed reclassification ofsubject 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 envisipned for the Mixed Use land use designation and adjacent multiple-family land uses to the east and south of the subject site. 6. That *** indicated their presence at said public hearing in apposition; and that *** correspondence was received in opposition to subject petition: CALIFORNLA 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 Program No. 154 upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Mitigated 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 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 resplution 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 I'f FURTHER RESOLVED that the applicant is responsible for paying all chazges related to the processing of this discretionazy 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. -2- PC2008-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 20, 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. CHAIItMAN, 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 February 20, 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 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2008-*** Reclassification Ido. 2007-00290 Existing Zoning -Anaheim Resort Specific Plan (SP92-2) Figure 1 Proposed Zoning - RM-4 (MU) Overlay Figure 2 2ssa [IDRAFT] ATTACHNLENT N0.4 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE CITY OF ANAHEIM PLANNING COMMISSION RECOMMENDING ADOPTION OF AMENDMENT NO. 9 TO THE ANAHEIM RESORT SPECIFIC PLAN NO. 92-2 (SPECIFIC PLAN AMENDMENT NO.2007-00049) 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 standards 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 r > 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 pernutted 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 yard requirements to reflect the local street status of Convention Way; and - 1 - PC2008 *** 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 boundaries of the ARSP by reclassifying and incorporating a 0.73-acre parcel into the ARSP No. 92-2 Zone; and WHEREAS, on September 21; 1999, the City Council adopted Ordinance No. 5703 relating to Adjustment No. 2 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 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 Standards 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. 5453 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 o€ the ARSP by reclassifying and incorporating 27 acres into the ARSP No. 92-2 Zone; and WHEREAS, on February 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-market 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 areas; 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 Standards 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 are duly analyzed and mitigated pursuant to subsequent environmental review; and, processed as a Master Planned Development; and - 2 - PC2008--*** WHEREAS, the Anaheim Planning Commission did receive a verified Petition for a Specific Plan Amendment for certain real property situated in The Anaheim Resort azea of the. City of Anaheim, County of Orange, State of California; and 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. 2007-05242, Final Site Plan No. 2007-000] 0, 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 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: 1. 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 Harbor Boulevazd from Low Density (permitting up to 75 hotel rooms for the 1.5-acre site) to Medium Density (permitting up to 102 hotel rooms and 14,714 squaze feet of accessory commercial uses or an equivalent of 127 hotel rooms for the 1.5-acre site); and, 4. Modify the Zoning and Development Standazds set forth in Chapter 18.116 (Anaheim Resort Specific Plan) of the Anaheim Municipal Code for the 1.5-acre site to` a. Reduce the minimum front setback azea adjacent to Harbor Boulevazd from 20 to 3 feet for a subterranean parking structure provided that the structure is at a sufficient depth to allow a 20-footwide area 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 area from 10 to 0 feet adjacent to the eastern property line to permit a parking area 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 area from 10 to 6 feet adjacent to the north and east property lines to accommodate the designof an interior private street; and;: d. Reduce the minimum distance between driveways from 40 to 30 feet. - 3 - PC2008-*** WHEREAS, the. Anaheim Planning Commission did hold a public hearing 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 by law. and in accordance with the provisions of the Anaheim Municipal Code, to hear 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 that said public hearing wascontinued from the January 7, January 23, and February 4, 2008 hearings; and WHEREAS, at the time and place fixed for said public hearing, the Anaheim Planning Commission did hold and conduct such public hearing 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 careful 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 aze 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 Boulevazd 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 squaze 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 eastern. 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 share vehiculaz 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 Harbor 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." - 4 - PC2008--*** (d) The proposed amendment would implement Goa] 5.1 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 Goal 7.1 in the Land Use Element which states "address the jobs-housing relationship by developing housing near job centers and transportation facilities." 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 Declaration and the associated Mitigation Monitoring Program 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 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 February 20, 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: 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 February 20, 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 .4mendrnent ~o. 2007-00049 SP 92-2 SP 92-2 G.~ RM-0 RS-2 RS-2 WILKEN WAY RM-a SP 92-2 SP 92-2 J L ~\ - Anaheim Resort Specific Plan (SP92-2) L @ =O zh r ~ I aM-s ~ ~ SP 92-2 ~~ `~' ~ I IiY I ~ i O ~~5~ ~~. c-1 I il__ 1 ~ J k ~~ ~~' ~\ i i SP 92-2 RAA-2 i RM-2 Existing Zoning -Anaheim Resort Specific Plan (SP92-2) Figure 1 Proposed Zoning - RM-4 (MU) Overlay Figure 2 2664 [DRAF'TJ ATTACHMENT NO. 5 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION GRANTING CONDITIONAL USE PERMIT NO.2007-05242 WITH WAIVER OF CODE REQUIREMENT (2232 SOUTH HARBOR BOULEVARD) WHEREAS, the Anaheim Planning Commission did receive a verified Petition'for a Conditional Use Permit with a waiver of code requirement for certain real property situated in The Anaheim Resort area 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, Conditional Use Permit No. 2007-05242 is proposed in connection with General Plan Amendment No. 2007-00462, Specific Plan Amendment No. 2007-00049, Reclassification No. 2007-00210, 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 19I- 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 Boulevard, 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 theprovisions of the Anaheim Municipal Code, Chapter 18.60, to heaz and consider evidence for and against said proposedproject actions; including Conditional Use Permit No. 2007-05242, and to investigate and make findings and recommendations in connection .therewith; and thaf said public hearing was continued from the January 7, January 23, and February 4, 2008, hearings; .and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the request to 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-unit 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. The proposed project also includes waiver of the following: -1- PC2008 *** SECTION NO. 18.40.020.040 Minimum lot frontage adjacent to a nublic street (Lot frontage adjacent to Hazbor,_ Boulevard required; no frontage for Parcel 2 proposed). 2. That the requested waiver for minimum lot frontage is hereby approved since there aze special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity on the basis that the property has more depth than other properties along the east side of Hazbor Boulevard. Moreover, strict application of the Zoning Code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity since other lot frontage waivers have been granted for other commercially-zoned properties in the City. Lastly, the eastern 33-acre portion of the subject property will gain access to Harbor Boulevazd through a reciprocal access easement.' 3. That the proposed use will not adversely affect the adjoining land uses or the growth and development ofthe 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). 4. 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 oitizens of the City of Anaheim. 5. That, with implementation of the mitigation measures set forth in Mitigation Monitoring Program 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.. 6. 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. 7. 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 Program No. 154 upon finding that. the declazation reflects the independent judgment ofthe lead agency and that it has considered the Mitigated 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 Conditional Use Permit No. 2007-05242, upon the conditions attached hereto. as Exhibit "B" and incorporated herein by this reference, 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: -2- PC2008 *** BE IT RESOLVED that the Anaheim Planning Commission does hereby find and._ , determine that adoption of this Resolution is expressly predicated upon applicants compliance with each and al] of the conditions herein 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. AND BE IT FURTHER RESOLVED that the property owner/developer is' responsible For paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice, prior to the issuance of building permits or commencement of activity for this project, whichever occurs first. Failure to pay 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 February 20, 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 February 20, 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 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-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 L 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 RECII'ROCAL PARKING AGREEMENT DATED APRIL 1.6,_.1981 AND RECORDED MAY 1, 1981 IN BOOK 14042, PAGES 1527 OF OFFICIAL RECORDS, TOGETHER WITH THE PERPETUAL, NON- EXCLUSNE RIGHT OF ACCESS OVER AND ACROSS SAID PARCEL 1 FOR THE PURPOSE OF CIlZCULATION 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 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 *** .EXHIBIT «B» CONDITIONAL USEPERMIT NO. 2007-05242 Conditions of Approval COA1 I Responsible for MMP Conditions of Approval Monitoring That proof of Final Tract Map No. 17219 and Final Pazcel Map No. 2007-16 COA 1 recordation in the Office of the Orange County Recorder shall be submitted to the Public Works Public Works D artment: That the property ownez/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 andlocal airports, and show the circulation for both northbound and southbound ATN buses. That plans shalt show conformance with the current version of Engineering COA 3 Standazd Detai1474 pertaining to passenger drop-off areas at hotels to the' Public Works satisfaction of the City En ' eer. ', 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 Standard Details 402, 436, 470, and 471 pertaining to pazking standazds and Engineering Standard Detai1473'pertaining to driveway locations and driveway spacing. Subject property shall thereupon be developed and maintained in conformance with said Tans: That plans shall show conformance with the current version of Engineering COA 5 Standazd Detail 115 pertaining to sight distance visibility for signs, landscaping public Works and fencefwall locations and pertaining to commercial driveway design to the satisfaction of the Ci En 'Weer. That the property owner/developer shall submit street improvement and landscape COA 6 and irrigationplans including landscape and irrigation for the public improvements Public Works along the entire property frontage along Harbor Boulevazd to the Public Works DepartmentlDevelopment Services' Division in 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 Standard 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 pernut. A Right of Way Constmction 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 Thatprior to issuance of the first building permit for the pazking structure, plans shall demonstrate that at-grade ducts and overhead pipes shall not encroach in the Planning/Public parking space area or required vehicle clearance azea. Works COA 8 That plans shall specifically indicate that all vehicular ramps and grades conform to all applicable City of Anaheim, Department of Public Works, Standazd Plans Planning/Publc and Details to the satisfaction of the Planning Services Division and the City Works Traffic and Transportation Manager. That plans shall be submitted to show any proposed gates and shall demonstrate COA 9 that gates shall not be installed across any driveway in a manner which may Public Works adversely affecfvehiculac traffic on the adjacent public street:. Installation of any gates shall conform to all applicable City of Anaheim, Departtnent of Public Works, Standazd Plans and Details. The location of any proposed gates shall be subject to the review .and approval of the City Traffio- and Transportation Manager. That plans shall show conformance with all applicable City of Anaheim, COA 10 Department of Public Works, Standazd Plans and Details and Code requirements Planning/Public pertaining to sight distance visibility for signs and walUfence locationsto the; Works 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 al] applicable City of Anaheim, Department of Public Works, Standazd Plans and Details pertaining to Works pazking standards and driveway locations.. Subject property shall thereupon be developed and maintained in conformance with said plans... COA 12 That plans shall show that emergency. exits, not intended as a primary entrance, `Police shall have no exterior handles, knobs, or levers. COA 13 That prior to issuance of the first building permit for the pazking 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 parking 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 pazking structures, plans shall show that a minimum lighting level of one (1) foot-candle measured at the planning parking surface shall be maintained for the parking structures with a maximum to minimum ratio no greater than 10:1. Plans submitted for building pennits shall include a note that said lighting shall be installed prior to the first final building and zoning inspection for the parking structure: COA 15 That plans shall indicate that adequate lighting shall be provided throughout the project, including circulation areas, 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 clearly mazked with. its appropriate building number and address. These numbers shall be positioned so plannin g they are easily viewed from vehicular 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 parking structure, Police property owner/developer shall submit plans for review and approval by the Police Department indicating closed circuit television (CCTV) security cameras shall be installed to monitor the parking structure and lobby entrances to the satisfaction of the Anaheim Police De artrnent. Said information shall be -7- PC2008-*** COA/ Responsible for IvINIP 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. COA 19 That property owner/developer shall submit plans to the Police Department for 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 lighfing of parking structures and pazking areas). COA 20 That property owner/developer shall finalize the abandonment of anyexisting public utilities easements to the satisfaction of the Department ofPublic Works, Public Utilities Development Services Division and the Public Utilities Department, Electrical Electrical Engineering Division. COA 21 That the property is to be served with underground utilities per the Electrical Rates, Rules, and Regulations. Public Utilities Electrical COA 22 That any required relocation of City electrical facilities shall be at property owner/developer's expense per the Electrical Rates, Rules, and Regulations Public Utilities Electrical COA 23 That plans shall show the location and required landscape and/or hardscape screening of all pad-mounted equipment. Public Utilities Electrical COA 24 That plans shall demonstrate that all above-ground utility devices shall be located on private property and outside any required setback azeas unless otherwise Public Utilities permitted by Code. Electrical COA 25 That plans shall show how emergency vehicular access will be provided and maintained in .accordance with Fire Department Specifications and Requirements. Fire COA 26 That prior to issuance of the first building permit, or prior to delivery of 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 COA 27 ' That prior to issuance of the first building permit and prior to commencement of 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 for spacing, 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 Standazds Specifications. Any water service and/or fire line that does Public Utilities not meet current standards shall be upgraded if continued use is necessary or Water abandoned if the existing service is no longer needed. Property owner/developer shall be responsible for the costs to upgrade or abandon anywater 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. COA 30 That because this project has a landscaping azea exceeding 2,500 square feet, plans shall specifically show that a separate 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 ftnal 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 improvementsaequired 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, Public Utilities relocations, or abandonment of existing water services and fire lines, shall be 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, Public Utilities whichever occurs first, plans shall demonstrate that all existing water services and fire lines shall conform to current Water Utility Standazds 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/orfire lines that are not approved by the Utility for continued use shall be upgraded to current standards, 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, Water Engineering Division and the Cross Connection Control Inspector Public Utilities demonstrating that all backflow equipment-shall be located above ground outside Water of the street setback. area 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 standazds. Any other large water meter system equipment shall be installed to the satisfaction of the Public Utilities Department, Water Engineering Division above ground and outside of the street setback area 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 azeas in a location acceptable to the Public Works Depaztment, Streets and Sanitation Public Works 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 CC&Rs for the Property required pursuant to conditions contained herein.. That plans shall indicate that all driveways shall be constructed with ten (10) foot COA 37 radius curb returns as required by the City Engineer in conformance with Public Works applicable City of Anaheim, Department of Public Works, Standazd Plans and Details: COA 38 That the City of Anaheim Storm Drain hnpactFee for the Anaheim Resort Area and Public Works South Central Area shall be paid_ CbA 39 That plans shall show that all proposed water vaults, telecommunication utilities, planning and all other above-ground utilities shall be located behind the setback and fully screened as required by Code or integrated within the proposed buildings, -10- PC2008 *** COA/ Responsible for MMP Conditions of Approval Moaitoring COA 40 That prior to the issuance of building permits for the parking structure, plans shall Planning show that all necessary columns are provided and that the striping layout meets - all Code requirements. COA 41 That the parking areas shall be constructed so that there will be sufficient parking Planning spaces available within the Property to serve the Project, as depicted and 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 Parking 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 Parking Areas shall be limited in that manner. That plans submitted for building permits shall contain a note that there shall be COA 42 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 restaurant shall conform to the requirements of the Uniform Fire Code PoliceBuilding and shall be kept closed at all times during the operation of the premises except for ingress/egress, permit deliveries and in cases 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 PoliceBuilding illuminate and make easily discernible the appearance and conduct of all persons on or about the pazking lot. That the property owner/developer shall submit a letter to the Planning COA 46 Department, Planning Services Division requesting the termination of Variance 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 permits. Provisions for continued maintenance of the fire -11- PC2008-*** COA/ Responsible for MMP Conditions of Approval IvIontoring 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 imgation connected to the City's irrigation system, Anaheim 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 pemut. A Righf of Way Construction Permit shall be obtained from the Development Services Division for all work performed in the right-of--way. The improvements shall be constructed prior to final building and zoning inspections. That plans submitted for building pemuts shall include a note that prior to final COA SO building and zoning inspection, fire lanes shall be posted with. "No Pazking 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 S 1 during project operation, no required parking azeasshall be fenced or otherwise Code enclosed for outdoor storage uses. Enforcement` That plans submitted for building pernuts shall include a note that ongoing during COA S2 construction, emergency contact information including pontact name and phone Planning number shall be posted on the project site. Said information shall be indicatedon plans submitted for building permits. That property owner/developer shall provide the City of Anaheim with a public COA S3 utilities easement (per final electrical design}, along/across high voltage lines, low voltage lines crossing private property, and. azound all pad-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 S4 Department of Public Works, Development Services Division: ® Demonstrate that all° structural BMPs described in the Project WQMP have been constmcted and installed in conformance with approved plans and specifications; and ® Demonstrate that the OWNER is prepared to implement all non- - structural BMPs described in the Project WQMP; and ® Demonstrate that an adequate number of copies of the approved Project WQMP aze available on-site; and ® Submit for review and approval by the City an eration and Public Utilities Public Works -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 intersection of Hotel Way and Hazbor Boulevard as Public Works detemuned necessazy by the City Engineer at the property owner/developer's expense. ~~ ~. ,~ x;. 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 Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious azeas, creating reduced or "zero discharge" areas, 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; e Identifies the entity that' will be responsible for long-term operatiosand maintenance of the Treatment Control BMPS, and describes the mechanism for funding the long-term operation and maintenance of the Treatment Control Bumps; and - ® Ensures implementation of the Water Quality Management Plan during on-going grading operations. That prior to issuance of any sign permit, owner shall submit a coordinated sign Planning COA 57 program to the Planning Department for review and approval by the Planning Commission as a Reports and Recommendations item. - .That during construction, anall-weather access road as approved by the Fire Fire COA 58 pepartment 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 direct costs COA 60 associated with Mitigation Monitoring Program No. 154 as established by the Planning Cityof Anaheim and as required by Section 21081.6 of the Public Resources Code to ensure implementation bf those identified mitigation measures. COA 61 ' The activities occurring in conjunction with the operation of this establishment. Police/Code shall not cause noise disturbance to surrounding properties. Enforcement COA 62 That at all times when the premise is open for business, valet parking service Code shall be provided. Enforcement That at all times when the premise is open for business, the premise shall be COA 63 maintained as a bona fide restaurant and. shall provide a menu containing an police/Code assortment of foods normally offered in such restaurant. Enforcement That on-going during groject operation, 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- four (24) hours from the time of discovery. Code Enforcement That timing for compliance with conditions of approval maybe amended by the COA 65 planning Director upon a showing of gopd 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 planning 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 are on file with the Planning Department 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 regarding any other applicable ordinance, regulation or requirement. That extensions for further time to complete conditions of approval maybe planning COA 68 granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 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 Parcel Map No. 2007-16 and Final Site Plan No. 2007-00010. -15- PC2008-*** [DRAFT] ATTAC~IIVYENT N®. 6 RESOLUTION NO. PC2008--*** - A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR TENTATIVE TRACT MAPNO. 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 area 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, Tentative Tract Map No. 17219 is proposed in connection with General Plan Amendment No. 2007-00462, Reclassification No. 2007-0021Q, Specific Plan Amendment No. 2007-00049, Conditional Use Permit No: 2007-05242, Fiual Site Plan No. 2007-00010 and Tentative Pazcel Map No: 2007-163 to construct a mixed use project consisting of a 105-room hotel on the western 1 S-acre portion of the project site adjacent to Harbor Boulevazd, and a 191-unit, condominium complex; including nine live/work units; on the eastem 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 eastem 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 bylaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed project acfions, including Tentative Tract Map No. 17219,' and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued from the January 7, January 23, and February 4, 2008, hearings; and WHEREAS, said Commission; after due inspection, investigation and study made by itself and in its behalf; and after due consideration of all evidence and7eports offered at said hearing; does find and determine the following facts: 1. 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 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. 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 Declaration and the associated Mitigation Monitoring Program 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, uponthe 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 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 20, 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 maybe 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 February 20, 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 DESCRIl'TION 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-EXCLUSNE 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-EXCLUSNE RIGHT OF ACCESS OVER AND ACROSS SAID PARCEL 1 FOR THE PURPOSE OF CIItCULATION 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 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 pF THE COUNTY RECORDER OF SAID COUNTY. -4- PC2008-*** EX)-IIBIT «B~: TENTATIVE TRACT I~YAF' 1V®. 17219 Conditions of Approval:: COA/ Responsible f ~~ for Conditions of Approval Monitoring COA 1 The legal property owner shall execute a Subdivision Agreement, in a form approved P Dev by the City Attorney, to complete the required public improvements at the legal Sv property owner's expense._Said agreement shall be submitted to the Public Works 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 Buildin structures within the boundaries of the Final Tract Map shall be demolished.. The g 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 demolition 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 P Dev development shall be privately maintained by property owner/developer prior to the Sv appTOVaI of the CC&Rs as required above. That all azcels shall be assi ed street addresses b the Buildin Division COA 4 P 1~ Y g Building COA 5 'That street names for new private streets shall be reviewed and approved. I Buildin g 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 boundanes of the maintenance azea. The covenant shall be Svcs recorded concurrently with the final map. -5- PC2008--*** COA/ Responsible NIIViP for Conditions of Approval Monitoring COA 7 That this Tentative Tract Map No. 17219 is granted expressly conditioned upon Planning approval: of General Plan Amendment No.2007-00462, Reclassification No. 2007- 00210, Specific Plan Amendment No. 2007-00048, Tentative Pazcel Map No. 2007- 16, Conditional Use Permit No. 2007-05242 and Final Site Plan No. 2007-00010. COA 8 That a final tract 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. COA 9 That property owner/developer shall be responsible for compliance with all Planning mitigation measures within the assigned time frames and any direct costs associated with Mitigation Monitoring Program 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 maybe 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 Plannin modification complieswith the Anaheim Municipal Code and (iii) the applicant has g demonstrated significant progress towazd establishment of the use or approved development: COA 12 That extensions for further time to complete conditions of approval maybe granted Plannin ~ accordance with Section 18.60.170 of the Anaheim Municipal Code, g -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 Public and zozring inspection, whichever occurs first, the property owner/developer shall Works execute and record with the Orange County Recorder a declazation of covenants, conditions and restrictions ("CC&R") 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 azeas designated for maintenance by the individual owner of the unit as specified in the CC&R's. -7- PC2008-*** ~~~A~' ~ _ e ~ _ WIL°°KEN~WAY®® The Anaheim ResortT"' Boundary ~ I r- m , ~_ "~ ~-- - ® t ~. ! K - ~ p y ~y. r h.; ~ ~$ 'y I I -~ m I ® O I E m ~ 0 ~ I 1 . I U ry~ LL, i=_ O . ~ I N M r=--I I ~ m ~ ~._~- a` pc ~ ~~ ~ _ p = ~__ I ---~ ~ ( ~ Q l I • o p ~ ® 376' p o 0 0 p ® N Tenative Tract Map No. 17219 Subject Property Date: January 7, 2008 2230 South Harbor Boulevard 2ssa [DRAFT] ATTACHMENT NO. 7 RESOLUTION NO. PC2008--*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR TENTATNE PARCEL MAP NO. 2007-163 BE GRANTED (2232 SOUTH HARBOR BOULEVARD) WHEREAS, the Anaheim Planning Commission did receive a verified Petition For Tentative Parcel 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 Parcel Map No: 2007-163 isproposed 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 Harbor Boulevard, and a 191-unit, condominium complex, including nine live/work units, on the eastern 3.3-acre portion of the project site (herein collecfively referred to as the "proposed project actions"); and WHEREAS, Tentative Parcel Map No. 2007-163 isproposed 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 subjectproperty; 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 Pazcel Map No. 2007-163, and to investigate and make fmdings and recommendations in connection therewith; and that said public hearing was continued from the January 7, January 23, and February 4, 2008, hearings; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in itsbehalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: L 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. -1- PC2008 *** 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 petifton. 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 Program 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 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 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 discretionazy 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 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 February 20, 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. -2- PC2008-*** CHAIltMAN, 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 February 20; 2008, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS; IN WITNESS WHEREOF, I have hereunto set myhand this day of 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 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~IBIT «~„ TENTATIVE PARCEL NEAP N0.2007-163 Conditions of Approval COA/ Responsible for MMP Conditions of Approval Monitoring The legal property owner shall execute a Subdivision Agreement, in a form approved by COA 1 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 Department/Development Services Division approved by the City Attorney and City Services Engineer and then recorded concurrently with the Final Parcel Map. That property owner/developer shall be responsible for ensuring that all existing COA 2 structures within the boundaries of the Final Pazcel 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 shall include a pW .Sanitation demolition recycling plan which has been reviewed and approved by the Public Works Department, Streets and Sanitation Division. The demohtion recycling plan shall indicate type of material to be demolished, anticipated toanage 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. That sanitary sewer, private streets within the development, and storm drains for this COA 3 development shall be privately maintained by property owner/developer prior to the` PW approval of the CC&Rs required herein. Development Services COA 4 That all parcels shall be assigned street addresses by the Building Division. Buildin g COA 5 That street names for new private streets shall be reviewed and approved. Buildin g That the Final Pazcel Map shall encompass the entire 4.8-acre project site and shall COA 6 include irrevocable offers of dedication, including necessary 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 A~ Conditions of Approval Monitoring COA 7 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 PW 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 area. The covenant shall be recorded concurrently with the final map.. COA ~ That the property owner/developer shall submit mass grading, street, sewer, storm drain and landscape (including street tree and shrubs) improvement plans for the PW public improvements along. Katella Avenue prepazed to the satisfaction of the City Development Engineer. Services. COA 9 Improvement bonds shall be posted in amounts .approved by the City Engineer and a form approved by the City Attorney prior to approval of the Final Parcel Map.. PW Development Services COA 10 That vehicular access rights to Hazbor Boulevard, except at street intersections, shall be released and relinquished to the City of Anaheim. PW Development Services COA 11 That the Final Pazcel Map shall indicate that any existing City of Anaheim public utility easements that conflict with potenfial building footprints shall be abandoned. Electrical COA 12 That this Tentative Parcel Map No. 2007-1b is granted expressly 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, Conditional Use Permit No. 2007-05242 and Final Site Plan No. 2007-00010. Planning 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 be 7ecorded in the Office of the PW " Orange County Recorder: Development Services 6 PC200~-~~~ COA/ Responsible for MMP Conditions of Approval Monitoring COA 14 That property owner/developer shall be responsible for compliance with all mitigation Planning measures within the assigned time frames and any direct costs associated with Mitigation Monitoring Program 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. COA I S That approval of this application constitutes approval of the proposed request only to planning 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. COA 16 That timing for compliance with conditions of approval may be amended by the Planning 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 approved development. COA 17 That extensions for further time to complete conditions of approval maybe granted in Planning accordance with Section 18.60.170 of the Anaheim Municipal Code. COA 18 That prior to the earlier of the conveyance of the first unit or the first final building PW and zoning inspection, whichever occurs first, the property owner/developer shall 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 for maintenance by the individual owner of the unit as specified in the CC&R's. -7- PC2008 *** [DRAFT] ATTACHIVI(ENT N®. 8 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION GRANTING FINAL SITE PLAN NO: 2007-00010 (2232 SOUTH HARBOR BOULEVARD) WHEREAS, the Anaheim Planning Commission did receives 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 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 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 proposed to provide for the development of the 102-room hotel with 14,714 square feet of accessory uses; and WHEREAS, the Anaheim Planning Commission did hold a public hearing 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, Chapter 18.60, to hear 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 that said public hearing was continued from the January 7, January 23, and February 4, 2008, hearings; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the request to develop a 102 room hotel with accessory commercial uses on the westem 1.5-acre portion of the project site complies with the Anaheim Resort Specific Plan (SP92- 2) requirements including zoning and development standards 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 eastern 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 are well articulated, adequate privacy and light is provided for the residential units, .and that the hotel fapade would have an attractive -1- PC2008-*** appeazance from Harbor Boulevard to achieve a good project designed to preserve and enhance The Anaheim Resort. 3. 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 Program 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 Final Site Plan No: 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 welfaze of the Citizens of the City of Anaheim. AND BE IT FURTHER RESOLVED that the property owner/developer is responsible foYpaying all' charges related to the processing ofthis 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 FOREGpING RESOLUTION was adopted at the Planning Commission meeting of February 20, 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, CHAIltMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -2- PC2008-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CTTY 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 February 20, 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 DESCRII'TION 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-EXCLUSNE 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- EXCLUSNE RIGHT OF ACCESS OVER AND ACROSS .SAID PARCEL 1 FOR THE PURPOSE OF CIl2CULATION 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 i, 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-*** RECEIVEL ATT.FiE OMMISSIONMEGTWG OF (~ (,.. Z~' 6~ IN CONNECT~ON WITH~f1. M NO. - ~1~~\ i Grace Medina, Senior Secretary This exhibit shows an aerial of the project location, including the distance between our site (2232 South Harbor) and prominent locations within the Resort District. DESTINATION DISTANCE FROM SITE Disneyland Entrance 1.19 miles (6,280.31 feet) Disneyland Fireworks staging 1.71 miles (9,009.12 area (Ball Road) feet) Garden Grove City Line 0.22 miles (1,135.23 feet) .. GROUP 2232 South Harbor SI~1;VF.N P. CAIZI tiUN I:ANDY A_ JOHNSON Atlorneys At Law LA W OFFIC6GS CARLSON & ,JOHNSON LLP A Limi~ed Liability Parniership 472 South Glasscll Strcet Orangc, Califomia 92866-1906 Telephone: (7I4) 289-9818 Facsimilc: (714) 289-9819 E-~naik CJLLPIaw@aal.ca~n November 7, 2007 Derek Baak MILLEIYIUM RENAISSANCE HARBOR, LLC 1849 Sawtelle Boulevard, Suite 600 Los Angeles, California 90025 RE: 2232 South Harbor Blvd, Anaheim Signage Dear Mr. Baak, RIVF;RSIDF: COUN'fY OPF1CF' Vista Exccutivc Suitcs 43460 Ridge Park Drivc, Suitc 200 Temecula, California 92590 (951) 695-4776 VIA FIRST CLASS MAIL I am writing you on behalf of Haratoun Arabian, who owns property adjacent to your proposed development at 2232 South Harbor Boulevard in Anaheim. Mr. Arabian owns the buildings housing the specialty automotive businesses on Wilken Way, just east of your parcel. While Mr. Arabian is pleased to see quality in-fill development on that site, he has expressed a concern that he hopes can be resolved amicably. The previous configuration of the site has a sign fronting on Harbor Boulevard that advertised the now-closed Toys-R-Us. A smaller sign attached beneath it advertised the auto businesses located on Wilken Way. It is located about 300 feet south of Wilken Way on Harbor. According to Anaheim planning officials, the sign is a permitted non-conforming use and has been grandfathered in, as long as it stays where it is. That is to say, Mr. Arabian can not take down the sign and rebuild it elsewhere on Harbor, because the businesses are not technically 'bn Harbor" although one of the ingress points is on Harbor. , Mr. Arabian is concerned that if that sign gets taken down, then the businesses on Wilkan Way that depend on the visibility of that sign will suffer. Mr. Arabian believes t~iat the sign drives a significant amount of customers to those businesses. As you ca~ understand having their signage on Flarbor Boulevard is much more desirable for them than placing a new sign on Wilken Way, where the traffic from Harbor Boulevard can not see it. We are hopeful that you will consider discussing options for retaining the sign in its current form -minus the ~I'oys-R-Us maryuee - at it's current location on the site. We will be at the next Anaheim Planning Commission meeting on Wednesday, January 23. We would look forward to a chance to discuss this situation with you either at that time or before if you would prefer. If you would like to discuss this further, please feel free te call our office at (714) 289- 9818 and myself or my assistant Joshua Lowe will be pleased to take time for you. Thank you for any consideration you can extend to our client. Sincerely, Steven F. Carlson CARLSON & JOHNSON, LLP SFC/jrl cc: Greg McCafferry, Director of P[anning, Sheldon Grm~p Dave See. Senior P(anuer, Ciry of Anaheim +