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PC 2008/05/12--, ooP'(SOZl80)\sepua6y Od\wwpy Od\SOOl\ H lau•wiayeue uoissrwwoo wuue~ ssaiPpe view-a 6wnno{~o; ay; 6uisn uoissiwwo~ 6wuue4d ayl ~o; a6essaw a anew !ew nod, }uawwnofpy as;epdn uolssrwwo~ swaal 6ul~eaH al~gnd ~epuale~;uasuo~ s;uawuio~ ailgnd aouelBalitJ ~O a6pald • 'W'd 0£~Z 6ul~eaH ollgnd of auanuoaaa 6ul~eaH allgnd of ssaaaa s~noy ssaulsnq ~eln a~ uunp elwo~ye~ wlayeuy p~enalnog wlayeuy 'S OOZ Ilel-l lp le paleool auaw~e as uluueld ay; ul uogoa sul ollgn ~o~ algellene apew aq IIIM a~nsopslp oggn wad I waxa Ile al s uguM ueyl gay;o epua a slya uo wa;l ue ulp~e a~ uolsslwwo~ uluueld ayl~o luo.ew a of paplno~ sluawnoop~o s UIIuM uy tie;a~oas ay; of ll;lwgns pue aouenpe ul p~eo ~a~leads a alaldwoo aseald 'epua6e ayl uo wall ~fue 6ulp~e6a~ luawaleas a a~lew of yslM no~fll `sasod~nd 6uldaa~l p~ooa~ ~o~ uoi~esuaduao~ uoissiwwo~ 6wuueld 6uip~e6a~ uoissnosid epua6e gppZ `Z ~ ~(ew aye uo swan ~o~ Maina~ ue~d tieuiwlla~d (uoisslwwo~ 6uiuue~d ~(q pa;sanba~ sy) sanssi pue s~uawdolanap ~ll~ snouen uo uolsslwwo~ o~ a~epdn }}e}g 'IN'd 00~ 6 nnalnaa ueld ~(~eulwlla~d ~ap~0 0l Iles • zanbselan fed 'o~awoy ~t~ued '~assae~ uayda~g 'uew;sed lied '~enn~e6y ~a~ad s~auoissiwwo~ I~e~e~ ydaso(' :a~odwal-ad ueuaney~ e}}n8 ~I~a~i :uew~ley~ eiwo~ile~ 'wlayeuy p~enalno8 wlayeuy y~noS OOZ IIeH ~t;i~ '~agwey~ liouno~ 8002 ZL ~ ~puo ISSI Ill Anaheim Planning Commission Agenda - 2:30 P.M. Public Comments: This is an opportunity for members of ttte 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. Resorts and Recommendations Minutes ITEM fVO. 1A. Receiving and approving the Minutes from the Motion Planning Commission Meeting of April 28, 2008. idOTE: Meeting minutes have been provided to the Planning Commission and are available for review at the Planning Department. 05/12/08 Page 2 of 8 Public Hearing Items: ITEM NO. 2 Owner: Wal-Mart Stores East LP 2001 South East 10~h Street Bentonville, AR 72716 Applicant: Ilene Dick Farella Braun + Martel LLP 235 Montgomery Street San Francisco, CA 94104 Location: 440 North Euclid Street: Property is approximately 12.45-acres, with a frontage of approximately 660 feet on the west side of Loara Street north of the SR-91 Freeway. Requests for Determination of Public Convenience or Necessity to permit the sales of beer and wine within an existing retail store for off-premises consumption. ITEM NO. 3 CEQA CATEGORICAL EXEMPTION. CLASS 1 AND CONDITIONAL USE PERMIT NO. 2008-05316 Owner David and Celfa Aronne and 2563 Woodland Drive Applicant: Anaheim, CA 92801 Location: 2563 West Woodland Drive: Property is approximately 0.31-acre, having a frontage of 45 feet on the north side of Woodland Drive approximately 417 feet east of the centerline of Magnolia Avenue. Request to retain an existing small fitness center that includes physical therapy and chiropractic evaluation with fewer parking spaces than required by code. Resolution No. Project Planner. Diane @athgate dbathgate@anaheim. net Resolution No. Project Planner: Diane Bathgate dbathgate@anaheim. net 05!12/08 Page 3 of 8 ITEM NO. 4 CEQA CATEGORICAL EXEMPTION. CLASS 1 AND CONDITIONAL USE PERMIT NO. 2008-05297 Owner: Mari-Ann Lewis Trust GELB Enterprises P.O. Box 8370 Van .Nuys, CA 91409 Applicant: Jian Yi 841 Fairview Avenue #J Arcadia, CA 91007 Location: 2424 West Ball Road: Property is approximately 2.5 acres, having a frontage of 440 feet on the south side of Ball Road approximately 205 feet west of the centerline of Gilbert Street. Request to permit and retain a massage business ITEM NO. 5 Owner: K/L Anaheim Properties I LLC and K/L Anaheim Properties II LLC 300 South Grand Avenue, 37~h Floor Los Angeles, CA 97001 Applicant: The PRS Group 31872 San Juan Creek Road San Juan Capistrano, CA 92675 Location: 905-917 East Katella Avenue: Property is approximately 8.7 acres, located at the northeast corner of Lewis Street and Katella Avenue having a frontage of feet on the east side of Lewis Street and feet on the south side of Katella Avenue. Requests to construct a 12-story office building, 130 guest room hotel and 320-unit residential complex. This project requires approval of the following requested actions: Resolution No. Project Planner: Kimberly Wong Kwong2@anaheim.net Resolution No. Resolution No. 05/12/08 Page 4 of 8 Conditional Use Permit No. 2008-05304 - to modify setback requirements and to permit a building height that exceeds 100 feet. Development Agreement No. 2008-00002 -request to adopt a Development Agreement between the City of Anaheim and K/L Anaheim I LLC and K/L Anaheim II LLC. ITEM 'NO. 6 CEQA EIR NO. 334 (PREVIOUSLY CERTIFIEDI, CONDITIONAL USE PERMIT NO. 2007-05284, TEtdTATIVE TRACT MAP NO. 17241 Owner: Trammel Crow Residential 949 South Coast Drive 40 Costa Mesa, CA 92626 Location: 2100 East Orangewood Avenue: Property is approximately 6.98 acres, having a frontage of 497 feet on the south side of Orangewood Avenue and located 308 feet east of the centerkine of State College Boulevard. Requests to construct a 689-unit residential development in five buildings, each ranging in height from 4 to 5 stories. This project requires approval of the following requested actions: Conditional Use Permit Plo. 2007-05284 - to modify setback requirements. Tentative Tract Map No. lettered and 3-numbered), condominium subdivision. 17241 - to establish a 4-lot (1- 689-unit airspace residential Development Agreement No. 2007-00006 -request to adopt a Development Agreement between the City of Anaheim and TCRSC Development Limited Partnership, Robert Wells Family Partnership Limited Partnership and Twedt Family Partnership Limited Partnership. Miscellaneous Case No. 2008-00248 - to request an extension for the execution of the development agreement between the City of Anaheim and Robert Wells Family Partnership, Twedt Family Partnership, and TCRSC Development Limited Partnership. Project Planner. Kimberly Wong kwong2@anaheim.net Resolution No. Resolution No. Resolution No. Motion Project Planner. Kimberly Wong Kwong2@anaheim.net 05/12/08 Page 5 of 8 Adjourn to Vllednesday, Nlay 28, 2008 at 1:00 P.M. for Preliminary Plan Review X5/12/08 Page 6 of 8 CERTIFICATION OF POSTING 1 hereby certify that a complete copy of this agenda was posted at: (TIME) (DATE) LOCATION: COUNCIL CHAM~B/JER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ~~Xe-~w--- /~'D'"'~ 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. 05/12/08 Page 7 of 8 SCHEDULE 2008 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) osi~ 2io8 Page 8 of 8 Item 1 o so !oo k~i May 12, 2008 Subject Property Public Convenience or Necessity No. 2008-00042 440 North Euclid Street A m oa <z ma ~_ R5~1 o m WESTMONT m ~ ELEM. SCHOOL y as A m D WESTMONT DR , o ... RM-4 WILSHIRE CREST APTS 32 DU WV I LS!-~~RF I ~~ a•e w )EVF OP/M~~ RF~ 10528 f~a 12, 2008 Subject Property Public Convenience or Necessity Rlo. 2008-00042 440 North Euclid Street 1-0528 oo®o ~ Aerial Photo: k~~ od~~ vnna ~DxaF~~ aTTac>131virElv~r Iv®. i RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CATEGORICAL EXEMPTION, SECTION 15303, CLASS 1 (EXISTING FACILITIES) AND DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2008-00042. FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE (440 NORTH EUCLID STREET) WHEREAS, on July 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 o£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 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; and WHEREAS, the Planning Commission of the City of Anaheim did receive an application for a Determination of Public Convenience or Necessity to permitsales of alcoholic beverages for off-premises consumption within a Wal-Mart retail store within the Anaheim Plaza" Shopping Center on certain real property situated in the City of Anaheim, County of Orange, State of California; shown on Exhibit A, attached hereto and incorporated herein by this reference. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 12, 2008, notice of said public heazing 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: PC2008-*** 1. 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 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 enforcement problem or if issuance would result in, or add to, an undue concentration,ofliccnses, except when an applicant has demonstrated that public convenience or necessity would be served by issuance of a license. 2 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 consumption is permitted by the Municipal Code, 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: 3: That subject property is located within Reporting District 1622; which has a crime rate of 330 percent above the average. The population within the census tract allows for five off. sale ABC licenses and there is presently one license in the tract: The population also allows for eight on sale licenses and there aze presently three in the tract: Therefore, the addition of one off sale license for the census tract would not exceed the allowance for the azea and would not result in an over concentration of licenses. 4. That the proposal, as conditioned, will not adversely affect the adjoining land uses. and the growth and development of the area in which it is located because the. sale of beer and wine is ancillary to the overall product mix provided by the, regional commercial retail store... Moreover, the Police Department indicates no specific concerns related to off-premises beer and wine sales and operation of this business, subject to compliance with conditions of approval. 5: That the. size and shape of the. site for the continued use of the property as a regional commercial center with off-premises beer and wine sales is adequate to allow the use in a manner not detrimental to either the particulaz azea or health and safety as the sale of beer and wine is ancillary to the existing regional commercial retail store. 6, That the traffic generated by the continued use of the property as a regional commercial retail store with off-premises beer and wine sales will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area and; 7: That the granting of the Determination of Public Convenience or Necessity under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the sale of beer and wine is ancillary to the existing convenience market, the Police Department indicates no specific concerns related to off-premises beer and wine sales and operation of this business, subject to the conditions of approval. - 2 - PC2008-*** 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. S. That *** indicated their presence at said public heazing in opposition; and that no correspondence was received in opposition to the subject petition. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15303, 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 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 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, safety and general welfaze of the Citizens of the City of Anaheim; Responsible C®A Conditions of Approval For IVlonitorin TdlO%IING: PRIOR TO FINAL BIIILDINGAND Z~MNGINSPECTI®NS COA 1 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 aze on file with the Planning Department and labeled Exhibit No. 1 and as conditioned herein. Td1VIING: G~N E'RAL CONDITI®NS ' ' ' COA 2 There shall be no exterior advertising or sign of any ltind or Police type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which aze cleazly visible to the exterior shall constitute a violation of this condition. COA 3 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. COA 4 The azea of alcoholic beverage displays shall not exceed 25% of Police the total display azea in a building. - 3 - PC2008-*** COA 5 The sale of beer or malt beverages in quantities of quarts, 22 oz, Police 32 oz, 40 oz., or similaz size containers is prohibited. No beer or malt beverages shall be sold in quantities of less than six per sale. COA 6 The possession of alcoholic beverages in open containers and the Police consumption of alcoholic beverages aze prohibited on or around these premises. COA 7 The pazking lot premises shall be equipped with lighting of Police sufficient power to illuminate and make easily discernable the appeazance and conduct of all persons on or about the pazking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. COA 8 There shall be no .amusement machines, video game devices, or Police pool tables maintained upon the premises at any time. COA 9 There shall be no public telephones on the property that aze Police located outside the building and within the control of the applicant. COA 10 Any graffiti painted or marked upon the premises or on any Police adjacent area under the control of the license shall be removed or painted over within 24 hours of being applied. COA 11 . The petitioner shall be responsible For maintaining free of litter Police the area adjacent to the premises over which they have control, as depicted. COA 12 Wine shall not be sold in bottles or containers smaller than 750 Police ml. and wine-coolers must be sold in manufacturer pre-packaged multi-unit quantities. COA 13 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 ofdiscovery. COA 14 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 towazd establishment of the use or approved development. - 4 - PC2008-*** COA 15 Extensions for further time to complete conditions of approval may be granted in accordance with Section 1$.60.170 of the Anaheim Municipal Code. Planning COA 16 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 ofapproval of the request regazding any other applicable ordinance; regulation or requirement. BE IT FURTHER RESOLVED this permit is approved without limitations on the hours. of operation or the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be 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 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 for this project. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval ofthis application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 12, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 5 - PC2008-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on May 12, 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 X008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 6 - PC2008-*** o so :oo key Subject Property Public Convenience or iVecessity Rlo. 2008-00042 440 North Euclid Street 10528 Source: Recorded Tract Maps end/or City GIS. Please note the accuracy is +/- two to five feel. ATTACHMENT N0.2 WAL-MART ..ANAHEIM, CA STATEMENT OF JUSTIFICATION FOR A FINDING OF PUBLIC CONVENIENCE OR NECESSITY DETERMINATION Section 23958.4 of the California Business and Professions Code provides for the issuance of a Type 20 bff--sale beer and wine license for the Wal-Mart store. in the City of Anaheim "if the local governing body of the area in which the applicant premises are located, or its designated subordinate officer of body,. determines within 90 days of notification of a completed application that public convenience or necessity would be served by the issuance. The 90-day period shall commence upon receiptby the local governing body of (a) notification by the department of an application for licensure, or (b) a completed application according to local requirements, if any, whichever is later."< The following information supports a determination that a Type 20 license at the Wal- Mart store in Anaheim serves both the public convenience and necessity. i. The approval of a license to add the sale of beer and wine as an ancillary use to the operation of a general merchandise. store is.proper in relation to adjacent uses... The sale of warm wine and beer at the Wal-Mart will be ancillazy to the sale of general merchandise, which is Wal-Mart's primary function. The license and will better enable Wal- Mart to serve the City of Anaheim (both the neighborhood surrounding the site and the community) as afull-service retailer. Wal-Mart anticipates less than 1 % of its sales to be from the off-sale of warm beer and wine. The Wal-Mart is located within a developed commercial area. The off-sale of warm beer and wine at this Wal-Mart store is compatible with the uses in the surrounding area:.: ii. The sale of alcohol at this Wal-Mart will be a public convenience. There aze no similar businesses or a concentration of alcohol outlets in the immediate area that provide alcohol service. Wal-Mart is in a commercial shopping center surrounded by I- 5 onthe south. WhileI-S and the surrounding commercial uses are the predominant land uses in the area; there are multifamily residential; school and religious uses on the site's east. As part of this land use pattern, the public convenience' will be served by combining the sale of warm beer and wine with the inventory of general merchandise already available at this Wal-Mart. By offering these additional products, Wal-Mart will provide a "one-stop" store. "One-stop" shopping results in increased efficiency for shoppers, and is consistent with the size and location of the store. Because the location is convenient to motorists but not too close to the nearest adjacent residences; the request to permit the sale of alcohol will increase convenience to shoppers, but not at the expense of interfering with existing residential neighborhoods. 22840\14754b9.2 1 3l10/OB iii. The approval of the sale of warm beer and wine at this Wal-Mart will not have a disproportionate impact on the adjacent residential neighborhood or the school The off-sale of warn beer and wind as an ancillary use to the sale of general merchandise within this Wal-Mart will not detrimentally affect nearby residentially zoned properties. The. display area for alcohol is only a small percentage of the merchandise sold in the store.. ' Because the inventory of warm beer and wine will be so substantially less than 1 % of its existing floor area, it is unlikely customers will shop at Wal-Mart to purchase only these products. However, Wal-Mart customers will find the purchase of warm beer and wine, along with other general merchandise, a convenience. In addition, the pazking lot is designed with public safety in mind, both for the Wal-Mart customer and its surrounding neighbors. Fore example, the pazking lot is well lit to ensure safe driving and minimize the opportunity for theft. However, the light is directed onto the parking lot using shields which eliminate "spill over" light on adjacent residential neighborhood. Moreover, employees frequent the parking lot to "round up" stray shopping carts to ensure the safetyof customers and to minimize nuisance activity in the adjacent neighborhood. It is unlikely that customers will use the pazking lot; which does not drrectly abut the adjacent residential neighborhoods, to consume beer and wine on site because the pazking lot is well lit and monitored by Wal-Mart employees. Accordingly, Wal-Mart's request to sell warm beer and wine for off-site consumption will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety or general welfare of the adjacent residential neighborhood or Westmont Elementary School: iv. Specific operational measures will eliminate any potential negative consequences from the off-sale of warm beer and wine. Wal-Mart has implemented an alcohol sales training program called Techniques of Alcohol Management ("TAM"), which is required training for all cashiers and managers. The training program focuses on recognizing and preventing any sales of alcohol thatmay be detrimental to the public welfaze (i.e., the sale of alcohol to minors, and intoxicated persons). W al-Mart's TAM has been certified by the California Coo>•dinated Council of Beverage Service (the group authorized by the ABC to certify training programs for the sale of alcohol). Additional security measures to ensure that the alcohol will not create a nuisance in or around the store are the installation of up to two closed circuit security cameras to monitor the alcohol sales area and a public view monitor. In addition, the alcohol will not be located near an exit azea, thereby discouraging theft. v. Additional Information • The sale of alcohol will be in strict conformance with California law. • Wal-Mart typically sells cups, glasses or other similaz containers (which might be used for the consumption of liquor on the premises). However, the plastic cups aze sold in packages, and the glasses and plastic cups aze sold in a different area within the store. • Wal-Mart does not advertise alcohol on the outside of the building. ?2640\1475469.2 2 3AU/OB ATTACHMENT N0.3 WAL-MART: 440 N. EUCLID STREET (APN 072-110-41) OPERATIONAL STATEMENT AND FINDINGS FOR TYPE-20 ABC LICENSE CONDITIONAL USE PERMIT Project Description Wal-Mart Stores, Inc:, is applying for a Type 20, off-sale beer and wine license from the California Alcohol Beverage Control (ABC) Board of its existing 149,908 square foot store located at 440 N. Euclid Street. The site is surrounded by N. Euclid Street on the west; Interstate 5 on the south, N. Liora on the east and W. Crescent on the north. Tlie site's eastern edge is comprised of Westmont Elementary School, mutlifamily residential and a church. Price Adelaide Elementary School is to the site's northeast. The sites northern border is formed by other low-detail commercial uses. Interstate 5 comprises the site's southern and part of the western border. Approximately 28 feet of shelf space-16 feet for waml beer and 12 feet for warm wine---amounting to far less than 1% of the existing Wal-Mart's floor area will be devoted to the displays of warm beer and wine for purchase for off-site consumption. This is a new use at this Wal-Mart. The project entails no physical change to the interior space or to the building envelope of exterior. OPERATIONAL STATEMENT The existing site is occupied by a Wal-Mart store. This Wal-Mart store has been in operation at this location for 14 years: Wal-Mazt is a retail discounter selling a variety of general. merchandise and food items to the larger Anaheim community. The project entails obtaining a new off-sale beer and wine license that has been submitted to ABC for the existing Wal-Mart store. The proposed project involves no grading, construction. or equipment since the project does not involve physical changes to the site or building exterior or interior. There are no planned changes to the existing landscaping. The Wal-Mart will retain its 24 hour/day operation. There are no special events planned for this Wal-Mart as result of this project. Wal-Mart's request to sell warm beer and wine for off-site consumption will not change the existing number of customers. Because of the, volume of goods Wal-Mart sells on a daily basis, devoting this negligible amount of shelf space to sell warm beer and wine would not increase the number of truck deliveries or vehicles that currently come to Wal-Mart. The intent of offering warm beer and wine at this store fulfills Wal-Mart's commitment to save people time and money with the convenience of one-stop shopping. Thus, the same customers who currently shop at Wal-Mart will continue to shop there, with the new option of being able to purchase warm beer and wine at Wal-Mart as opposed to some other, more distant and inconvenient location. There will be no additional traffic generated by the addition of these items; as a result, there is no need for additional parking or loading spaces. 22840\1475467.1 3/8108 The project site currently provides 690 parking spaces which meets the zoning requirements. Even if there were new Wal-Mart customers as a result of the inclusion of warm -- beer and wine in Wal-Mart's offerings, it is highly unlikely that parking demand would ever outstrip parking supply. The project does not change the vehicular access to Wal-Mart, which remain at the existing entry points at N. Euclid and W. Crescent. The 3 loading docks on the site will remain and will continue to provide access for delivery trucks to the site. The number and frequency of such trucks will not change on the average. The number of employees will remain the same. There are approximately 384 employees at this store, whose work is distributed over 3 shifts as follows: 153 employees work from 7 AM to 4 PM and overlap with the 215 employees who work from 2 PM to 11 PM. The 3`d shift of 45 employees lasts from 10 PM to 7 AM. Significantly, to ensure minimal disruption to surrounding neighborhoods from the inclusion of off-sale beer and wine, Wal-Mazt has implemented an alcohol sales training program called Techniques of Alcohol Management ("TAM"), which is required training for all cashiers and managers. The training program focuses on recognizing and preventing any sales of alcohol that may be detrimental to the public welfare (i.e., the sale of alcohol to minors and intoxicated persons). The California Coordinated Council of Beverage Service (the group authorized by the ABC to certify training programs for the sale of alcohol) has certified the TAM for use by Wal- Mart. Implementation of this program will help ensure that the sale of alcohol at the store will not be detrimental to residents, shoppers or other businesses in the vicinity of this store. Additional security measures to ensure that the alcohol will not create a nuisance in or around the store are the installation of up to two closed circuit security cameras to monitor the alcohol sales azea and a public view monitor: In addition, the alcohol will not be located near an exit area, thereby discouraging theft. CONDITIONAL USE FINDINGS Pursuant to Anaheim Municipal Code § 18.66.060, Wal-Mart submits the following conditional use findings in support of the authorization of the proposed use: .010 That the proposed use is properly one for which a conditional use permit is authorized by this code, or is an unlisted use as defined in subsection .030 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority); Table 18-A requires a conditiona] use permit for alcohol beverage sale-off-sale consumption. The proposed use seeks conditional use approval for a Type 20, off-sale beer and wine license, .020 That the proposed use will not adversely affect the adjoining land uses; or the growth and development of the azea in which it is proposed to be located; Wal-Mart's request to sell warm beer and wine for off-site consumption will not adversely affect the adjoining land uses or the growth and development of the neighborhood. zzea au a~sas~. i 3/&/OB The proposed use is located in an existing Wal-Mart that is part of dre commercial fabric of a highly urbanized area of Anaheim. This use does not change Wal-Mart's commercial-retail use, ,, which is consistent with the surrounding land uses. To ensure minimal disruption to surrounding neighborhoods and uses from the inclusion of off-sale beer and wine, Wal-Mart will implement an alcohol sales training program called Techniques of Alcohol Management ("TAM"), which is required training for all cashiers and managers. The training program focuses on recognizing and preventing any sales of alcohol that may be detrimental to the public welfare (i.e., the sale of alcohol to minors and rntoxrcated persons). The California Coordinated Council of Beverage Service (the group authorized by the ABC to certify training programs for the sale of alcohol) has certified the TAM for use by Wal- Mart. Implementation of this program will help ensure that the sale of alcohol at the store will not be detrimental to residents, shoppers or other individuals or businesses in the vicinity of this store. Moreover, because the warm beer and wine cannot be consumed on site or in the parking lot, there is little likelihood of increased nuisance activity due to alcohol consumption on or near the Wal-Mart. Additional security measures to ensure that the alcohol will not create a nuisance in or azound the store include up to two closed circuit security cameras to monitor' the alcohol sales area and a public view monitor. In addition, the alcohol will not be located near an exit area, thereby discouraging theft. These training and security features, which WaI-Mart makes great effort to ensure are updated and operational; would minimize if not fully mitigate, any dettiment to the surrounding residential neighborhoods, commercial uses and the elementary schools. Lastly, the proposed use involves the sale of wazm beer and wine in a negligible portion of the WaI-Mart's floor area: The use is intended to increase convenience to Wal-Mart's shoppers, but not at the expense of interfering with the existing residential neighborhood and its occupants and the operations of the surrounding businesses or the school. With the enhanced training and security measures that will be in place, and because the warm beer and wine is sold only for off-site consumption; the probability bf increased loitering; criminalactivity br nuisances arising near the stare is low: Because the area surrounding the Wal-Mart is already highly :urbanized with residential and commercial uses and because the proposed use will be a negligible portion of Wal-Mart's floor area; it is highly unlikely that the sale of warm beer and wine would have a negative impact on the economic stability of the neighborhood. The same reasons support a finding that the. proposed use will not have a negative impact on future economic development or growth in the surrounding area. The use will occur within an existing Wal-Mart facility. It wilTnot displace any nearby businesses or jobs. In fact, it is likely that the use will enhance Wal-Mart as a destination shopping place, increasing local sales tax revenues, which in turn improves the economic well-being of the immediate neighborhood and the entire Cityof Anaheim: Since the license is for off-sale consumption; there will no nuisance activities at or near the WaI-Mart that could negatively impact nearby businesses. azsao~ia~saezi 3 3/8/US .030 'That the size and shape of the site proposed for the use is adequate to allow the full development of die proposed use, in a manner not detrimental to either the particular area or health and safety; There are no physical changes proposed to the site; the building envelope or the exterior. The use will only occur in the interior of the existing building and will occupy less than 5%of the existing floor area of an existing Wal-Mart facility. Because the site is already developed and will not be altered by this project, there cannot be a detrimental impact to the site: .040 That the traffrc generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and Any additional traffic generated by the proposed use will be negligible and will thus not burden the existing transportation network. The site is adequately parked far the proposed use. The 3 existing loading docks are more than adequate to handle the nominal increase in truck deliveries that will occur from the proposed use. Since this is a busy and large Wal-Mart, the number of employees will not change as result of the project: Accordingly; there will be no change in trip generation rates for either shoppers br employees. .050 That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. The proposed use will contribute to the general well being. of the neighborhood and Anaheim. First, a license to sell warm beer and wine at this Wal-Mart store is part of Wal- Mart's commitment to save people time and money with the convenience of one-stop shopping: Wal-Mart's goal is to provide customers with the best possible shopping experience, which is offering the items and selections they want. This includes the availability of beer and wine. Wal-Mart customers frequently request that Wal-Mart locations sell beer and wine so they can enjoy the convenience of one-stop shopping. The potential detrimental presence of the proposed use near residential uses and an elementary school is mitigated by Wal-Mart's exhaustive training and security program. All Wal-Mart associates are required to complete an extensive training program before they are able to sell the warm beer and wine. This training includes age verification, hours of sale and specific areas of compliancerelated to beer and wine sales. Coupled with the use of security oameras that will minimize theft, the possible detrimental impacts to the elementary school and the residential uses are minimized. Given that so many Anaheim residents visit this Wal-Mart for multiple' family needs, the availability of warm beer and wine for off-site consumption would be consistent with a service that the immediate neighborhood and the larger Anaheim community would desire. Second, there areho other off-sale liquor establishments directly near this store. The commercial uses surrounding the store do not meet such retail needs. The availability of warm beer and wine is intended. for those Anaheim iesidenis who would benefit from having these products in one place. Obtaining warm beer and wine as conveniently as would be available at this Wal-Mart saves such shoppers the time, distance and resources needed to travel to buy warns 22340\1475467.1 3/8/08 beer and wine at more outlying locations. 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A NN IO Wi ~ o'e g i9 O ` I uf O.o._ - A--~' ' ~ y 1 q 1 N L 1 VJ I ^ l I N A ~ S N r C ~~O A e -i-+ e - W A° ~~ a I a ~ ®m ..®.. P m®I ®~. ®m » 1 yy p 33 ~~ I i A A ly A mu ~ I N _ A T-pialu ~~l ~ ~ A ~ p ~ n ~ ~ ~ ~ ~ p o. -,! _ A ' . , . ~ ~, A , ~ _ ' ~ ~ _ _ - ~~ . ~..n~. o1w a~ _ - - ~ oo - mn°~. ~ ~~ ~- , , o~ ~a~ =~W Z~~ ¢Qa CVO ~~W Ow U~ \,>~. ~:: I AMERICAN STEEL TECHNOLOGIES, INC W Z W Q Q J Z I TALBERT MEDICAL GROUP (FHP) RCL 53-547 CUP 200&05316 CUP 1566 SMALL OFFICE Ur r I r ~ PARK I J Q WEST ANAHEIM COMMERCIAL CORRIDOR REDEVELOPMENT AREA e , I 45 I ~ VOCATIONAL OFFICE I SCHOOL ~ I I BUILDING + I I wy m ¢ I i ' j 3 SMALL INDUSTRIAL FIRMS v m Jr _ 417' _ ~ i o w ~ WOODLAND DRIVE ~ ~ I I i , I Z OFFICE BLDG 8 C-G I a aow ~ OFFICE BLDG o I u c o I ® 3 I SMALLINOUSTFiIAL FIRMS C-G SMALL OFFICE PARK DEL TACO ~ e 1 I I C-G I I SMALL INDUSTRIAL /APPLIANCE SHOP FIRMS S rcc~ p May 12, 2000 OflI~Hq ETMOgPE A f~~ Subject Property V ~ Conditional Use Permit No. 2008-05316 r 2563 West Woodland Drive I WICKS FURNITURE 10527 Ma 12, 2008 Subject Property Conditional Use Permit No. 2008-05316 2563 West Woodland Drive 90527 Aerial Photo: ia: July 2606 [~ '~'] ATTACIEI~T ~®, ~ RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION. APPROVING A CATEGORICAL EXEMPTION, CLASS 1 AND APPROVING CONDITIONAL USE PERMIT NO. 2008-05316 (2563 NORTH WOODLAND DRNE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for a Conditional Use Permit to permit and retain a small fitness facility with fewer parking spaces than required by code in the Industrial zone for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit A, attached. hereto and incorporated herein by this reference. WHEREAS, this property is currently developed with a multiple tenant industrial business pazk within the Industrial (I) Zone and the Anaheim General Plan designates this property for Industrial land uses; and WHEREAS, the applicant has requested approval of a conditional use permit to permit and retain a small fitness studio pursuant to Code Section 18.60 of the Anaheim Municipal Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 12, 2008, at 2:30 p.m., notice of said public heazing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed request and to investigate and make fmdings 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 fmd and determine the following facts: 1. That the proposed request to permit and retain a small fitness studio is properly one for which a conditional use permit is authorized under Code Section 18.10.030.040.0402 of the Anaheim Municipal Code; and 2. That the aforesaid waiver of minimum pazking spaces is approved to allow 17 spaces where 18 spaces aze required by code as the use operates on an appointment basis and approximately six clients aze served per day by five employees and the number of existing parking spaces is adequate for this use; therefore: a) The variance will not cause fewer off-street pazking spaces to 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; b) The variance will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use; c) The variance will not increase traffic congestion within the off-street pazking azeas or lots provided for the proposed use; and -1- PC2008 *** d) The vaziance will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. 3. That the small fitness studio; as conditioned, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located because the surrounding uses aze light industrial and business park in nature. Moreover, there is adequate pazking to accommodate the small fitness studio due to the number of patrons served per day on an appointment basis. 4. That the size and shape of the site for the use is adequate to allow the small fitness studio use in a manner not detrimental to either the particulaz azea or health and safety as the property is fully developed and there is sufficient pazking. 5. That the traffic generated by the use of the property as a small fitness studio will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the azea and; 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 no correspondence was received in opposition to the subject petition. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class l (Existing Facilities) as defined in the State CEQA Guidelines; and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby approve Conditional Use Permit No. 2008-05316 to permit and retain a small fitness studio with fewer parking spaces than required by code upon the following conditions which aze hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfaze of the Citizens pf the City of Anaheim: (Responsible for No. Conditions of Approval Monitoring 1 The business shall be equipped with an alarm system (silent ( Police or audible). 2 The applicant shall complete aBurglary/Robbery Alarm Police Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. -2- PC2008-*** Responsible for No. Conditions of Approval Monitoring 3 Address numbers shall be positioned as to be readily Police readable from the street. Numbers should be illuminated during hours of dazkness. 4 Rooftop address numbers for the police helicopter shall be Police provided at a minimum size of 4 feet in height and 2 feet in width. The lines of the numbers are to be a minimum of 6 inches thick with numbers. spaced 12 inches to 18 inches apart. Numbers should be painted in a contrasting color to the roofing material. Numbers should face the street to which the structure is addressed. Numbers aze not to be visible from ground level. 5 Industrial, commercial, institutional, or office buildings shall Police have clearly mazked doors with numbers corresponding to the alarm zones, if any. The identification of alarm zone coverage will assist responding police and security units in faster identification and apprehension of potential suspects, if any. 6 All exterior doors shall have adequate security hazdwaze, Police e.g., deadbolt locks. 7 Wide-angle peep holes or other viewing devices should be Police installed in solid doors where natural surveillance is compromised. 8 Adequate lighting of the parking lot and grounds contiguous Police to the building shall be provided 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 darkness and provide a safe, secure environment for all persons, property, and vehicles on-site. 9 That subject property shall be developed substantially in Planning accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans aze on file with the Planning Department mazked Exhibit Nos. 1 and 2, and as conditioned herein. -3- PC2008-*** Responsible for No. Conditions of Approval Monitoring- - 10 That this approval does not limit the business hours or days Planning of operation. , 11 That approval of this application constitutes approval of the Planning proposed request only to the extent that is 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. 12 Approval of this application constitutes approval of the Planning proposed request only to the extent that it complies with the Anaheim Municipal Zoniug Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regazding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED this permit is approved without limitations on the hours of operation or the duration of the use. Amendments, modifications .and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declazed invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all chazges shall result in the revocation of the approval of this .application. -4- PC2008-*** THE FOREGOING RESOLUTION was adopted at the Flanning Commission meeting of May 12, 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 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 May 12, 2008, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES; COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -5- PC2008-*** WOODLAfVD DRIVE Subject Property Conditional Use Permit No. 2008-05316 2563 West Woodland Drive 10527 >_ Q J O Source: Recorded Tracl Maps andbr City GIS. Please note the accuracy is +/-two to five feel. o so ~~~ ATTACHMENT N0.2 POLFIT INC. BUSINESS OPERATIONS Canyany Profile Polfit Wellness, Inc.: Polfit is an intensive physiotherapy center that assists children who suffer from serious neuromuscular and skeletal disorders. The children who are treated by Polfit aze usually unable to walk, run, or stand as any ordinary child would. By combining Space astronaut technology with Eastern European physical therapy programs, these children aze able to experience dramatic improvements in corrected biomechanics and overall ability to fimction in their day-to-day lives. The office located in 2563 Woodland was ideal for the unique and innovative technologies used on the children, mainly: (a) the Universal Exercise Unit, also known. as, UGUL, (b) Spider Web Therapy chords, and (c) the Therasuit. Combined, these teehnologieshelp our children walk for the very first time in their lives. Daily Oyeration Our small but capable staff administers one-on-one therapy to a maximum of three patients per every three to four (3-4) hours. This equates to a maximum of six (6) patients per day, The reason we are able to provide such a specialized service isdue to many reasons. First, our members give exceptional attention to children who have needs that few can meet. With varying backgrounds that span over many different disciplines, we create a safe and growth-oriented atmosphere. Second, the business unit we inhabit provides the staff with enough room to maneuver azound lazge wheelchairs and exercise equipment: Finally, the technology we utilize for our patients sits comfortably within spaces that allow free-flowing exercises and treatment. The following is a list of our activities within the unit: 1. Universal Exercise Unit Therapy Our staff assists the child into a metallic support stmcture that provides a comfortable way to strengthen skeletal muscles and worn bones. There aze a total of two units located in the central corridor of the building where enough room is given so that the child can be taken out of their wheelchair. From that point on, the patient utilizes dozens of varying exercises with rubber bands, holsters, and stretching. 2. Spider Web Therapy Our largest space consuming equipment needed its own sepazate room. Here, the patient is harnessed into a bungee type hold. From this position, he or she practices the use of the leg muscles and other standing postures. 3. Therasuit CUP2008-05316 PC MEETING DATE: 05/12/08 FILE COPY Also with its own room, the therasuit allows small children to exercise in the very same way astronauts do in outer space. This assists in building their muscles and bones by placing pressure against their own body. As with all other exercises, a staff member is with the child on a one-on-one basis to ensure proper form and safety. Utilization of Space None of the exercises listed above could be accomplished without the open spaces provided for by the unit. At any given moment, our staff deals with multiple motorized wheelchairs that must be given room to maneuver. Additionally, all staff members are expected to accommodate our patients with every movement they make so that their experience with us is maximized. This means that a simple transition from one exercise to the next requires coordination and planning. Without an open space that allows our equipment to coexist with the patients, we simply could not function: Parking and Traffic Since we serve such a small group of patients at any given time, we use the baze minimum in parking. With administering to only three patients for every 3 hour period of time, the maximum number of parking space that aze needed are three. Rarely, however, do the pazents or'family members who provided transport to the child wait for the entire session. Often, they attend to daily errands or explore their visit to Southern California. Level ofActiviry within the Business District Our level of activity is minimal at best. Our services create no byproducts or noise. whatsoever. Seth Chiropractic Healthcaze. Inc.: In conjunction with Polfit, Seth Chiropractic, headed by Dr. Papan Seth is capable of providing and overseeing the therapy conducted on the children first-hand on location. Ofen, where a child is crippled by either a debilitating injury or by abirth-related disease, active chiropractic methods serve as a critical benefit to the child's rehabilitation. Additionally; Dr. Seth has a long history in treating the developmentally disabled in Anaheim. Mainly, he worked at the Anaheim Therapeutic Recreation Center (ATRC) through the Pazks and Recreation Depaztment. The TRC helped host the Special Olympics in basketball and track & field. There, Dr. Seth was the Director of the Special Olympics and vazious other programs provided by the TRC. Apr.29. 208 4:11PM Apex Environmental No.392B P. 1 ATTACHMENT N0.3 Sent Va Facsimile (999) 361-7955 Apri129, 2008 Ms. Diane Bathgate City of Anaheim 200 South Anaheim Blvd. Anaheim, CA SubjeM: Parkingfor 1563 West Woodland Drive Anaheim, California Dear_Ms. Bathgate: I am sending this letter in response the concern the City of Anaheim has in relation to the amount of parking at the subject property. I bad purchased this property in 2003 and had conducted business from this location until last May. Duriag this time I had never experienced a lack of available parking> The current tenant at this location has between four to six cars parked in this parking lot each day. Considering this is only half of the available parking at the property, there would still be plenty of available at any given tithe. Not to mention, that our neighbors at this location have inquired to see if they can use the parking spaces that remain empty each day. 'You are more than welcome to come .witness the parking activity at the property to verify that there is no need for additional parking at this property. As a backup I have also arranged for additional parking to be made available at another building I own on this street located at 2551 West Woodland Drive, in the unlikely event that this should be needed. Thank You, . OY`~ `~` ~`1~- N Ammte roperiy Ovtmer ite~, 7HE ARCHES 1 DU EACH APARTMENTS ~ F RM-0 APTS 26 DU W W RM-4 j ~ 25 DU RM-0 .... PALM GARDEN m c-G !- W ~N APARTMENTS sna{ ENisN aT D ~ ¢ ~ A n n 14 DU za Du [ RM-4 y ~ 0 r HERITAGE PARK APTS W RM-a ¢ o~n m APARTMENTS i6 pU CAT NAF HOTEL BRUCE ST J 94 DU ~ CAT EOAROING a~ m ~ ~ C G C-G W REST. VACANT T ~ RM-4 SINGING TREE RIvi4 H. W eev e.v v veo vaom ApgRTMEMS SNGING TREE. W RB 20 DU APARTMENTS W W 2 26 DU a cc~~ J~ Z a B RTMENT ?2 DU ur a C-G RESTAURANtT GG CONVENIENCE ~ v 0 STORE ~ p U° 0 BALL ROAD ~ ~ BI e a a~ B' .I A~ 'i A: ®i 1 e e e B B 0 0 o sn ioa .cci May 12, 2008 Subject Property Conditional Use Permit No. 2008-05297 2424 West Ball Road 10526 W O RANGE AVE ~a1 A~ u ~ I w p ~1~ . z ' , W.OALL RG U p ~j W. BALLM ® m £ ~N O r~ ° W m ja ~ p L~ L ~ J" 0 0 Ma 12,2008 Subject Property Conditional Use Permit No. 2008-05297 2424 West Sall Road e i -I ' °g~~- I ~9 I ~< ~ s ~ Y ) I weau aort 9 ~~ w. onu ne ® ®®m ~c ~_ ~m ~~ ~___ e e and ~oszs so '~' Aerial Photo: rabz `m' JWV 2005 A'i"TA~FII01Eli'T' N®. 1 PR®.TEECT $U1VI Y Condikional Use Permik No. 2008-05297 Develo merit Standard Pro osed Pro'eek C-G 3kandards Site Area 2.5 acres N/A Pazking 182 azking spaces* 220 parking spaces *Parlting waiver approved wikln a previous proposal. ~n~FT~ aTTacxlv~~lvT lvo. 2 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CATEGORICAL EXEMPTION, SECTION 15303, CLASS 1 (EXISTING FACILITIES) AND APPROVING CONDITIONAL USE PERMIT N0.2008-05297 (2424 WEST BALL ROAD, UNIT J) WHEREAS, the Anaheim Plamming 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, shown on Exhibit A, attached hereto and incorporated herein by this reference. WHEREAS, Conditional Use Permit No. 2008-05297 is proposed to permit and retain a massage business in an existing commercial retail center. WHEREAS, this property is developed with a commercia]`retail center located in the General Commercial zone and the Anaheim General Plan designates the property for General Commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 12, 2008, at 2:30 p.m., notice of said public heazing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed 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 request to permit and retain a massage business in an existing commercial retail center is properly one for which a conditional use permit is authorized under Code Section No. 18.08.030,040.0402 (Personnel Services-Restricted) of the Anaheim Municipal Code. 2. That the massage business will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because it is in an existing commercial retail center.... 3. That the size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety because the use is consistent with the types of uses found in the existing commercial retail center. 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the azea 1 PC2008-*** 5. because the parking demand for this use is the same as a general retail use permitted in the commercial retail canter. 6. 'T'hat the granting of the conditional use permit under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. 7. That ~ ~ # indicated their presence at said public hearing in opposition; and that $~# correspondence was received in opposition to the subject petition. ~IJI-IEI2EAS, the proposed project falls within the definition of Categorical Exemptions, Seotion 15303, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare .additional environmental documentation. N®W, TfIEREF®ItE, EE Tl' P.ESOLf1ED that the Anaheim Planning Commission for. the reasons hereinabove stated 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, safety and general welfare of the Citiaens of the City of Anaheim; Dtesp®nsible C®A C®mmditi®ns of Appa~oval f®r ~Q&6itOrin xrx~x~c.:~~zrt ~~ ~~.~a~~~~;~r~~~~ra^ ~~ ~~D ~~~~~v ~a~~~~ ~r~~~~r ~~~ 1 That a 13urglary/l~obbery Alarm Permit application, Form APD Police 516, shall be completed and returned to the Police 13epartment prior to initial alarm activation. 2 That the business shall be equipped .with an alarm system (silent Polace or audible). 3 ' That an Emergency Listing Card, Form APD-2:i1, shall be filed Police with the Police Degartment.' 4 That the rear entrance doors shall be numbered with the same Police address numbers or suite numbers of the business. A minimum 4-inch letter height is recommended. I~fIV~r'[)1lrd" r~9FN~r~&~II~IIVf~@~~'~'1g.4-~'~flRxi° 5 Thatthe hours of operation shall be limited to 10 a.m. to 10 p.m. Planning dell . 6 That this business (including the conduct of all its employees) Code shall ogerate in hall compliance with Anaheim RQunicipal Code Enforcement Cha ter 4.29 rtainin to Massa a Establishments. 7 That all records of treatrnent shall be maintained on the premises Code 2 PC200g-~#* for one (1) yeaz and shall be made available for inspection by Enforcement any authorized City official during segulaz business hours. S That the business shall be subject to unscheduled inspections by Code authorized City of tlnaheim personnel in order to observe and : Enforcement enforce compliance with all applicable Code Requirements. T~ll~i16'~> 6r~~ ~ ~dAl@~'-~~'i~~P1t~.~ ,.. , 9 That 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. 10 That subject property shall be deaeloped substantially in Planning accordance with plans and specifications submitted to the City of Anaheim by the project applicant and which plans aze on file with the Planning Deparhnent marked Exhibit No. 1 of Conditional Use Permit No. 2007-05297, and as conditioned herein. 11 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 modificatien complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress towazd establishment of the use or approved development. 12 That extensions for further time to complete conditions of Planning approval maybe granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 13 That approval of this application constitutes approval of the Planning proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regu]ation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared 'invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. PC2008-~ ~ ~ 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 May 12, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 15.60, "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. C N, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEITdi 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 May 12, 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-~** ~~xhitai~ X~ <~ ~ 3 y ~ ~ -y V i ~d ~-°°-° 44'Q~6'S' , C c r m o ~ ~ ~~ ~ p ~ N '- ~ ,,, ,,. tf7 N 'M ° i !'? T 465:34' m -0 ~" Source: Recorded Tract Maps andlor City GIS. Plea=_e note the accuracy is +(- five Feat. Subject Property w~~ av~=^=~ ~ ~,~r ~ a ~I B ~< ~ $' ~o ~ ~ ® ;e \Y.6ALL'nPli --.~~'s lY P4l'flP ~®r~diti~r~al lJse Perrr~i~ 200®05297 ~® ®°°®°°Iv g [Ir ® , ~ ~ p A -+-0~ a.® ® ~--' i i v w~° 2424 West Ball Road ~aszs ATTACHMENT NQ. 3 2424 W. BALL ROAD., SUITE # J ANAHEIM. CA 92804 TEL. 714527-9303 LETTER ®F ®PE TI®N NUMBER OF EMPLOYEES: 2 (TWO) iVI 8~5,~ l~ -~ '-~ ~ ~/1Qi V1G~14J~~ OPERATING HOURS: 10 A.M TO 10 P.M. 7 DAYS A WEEK MEILI BIAN OWNER ,~/C~ i ~~i ~/ cuPZOOB-os2s7 PC MEETING: 03/17/08 ~~^"~'" ~ City of Anaheim ATTACHMENT NO. 4 ~;a•, I„1 „ ~I>~~ ~®Z,I~~ ~Epl1R~'M~.N~ ~c,1511181g~~ ` /-/ ` Special Operations Division ~~'~ `' ~ ... og 20 o E c Nt~ ~ R'% N5N6 To: Kimberly Wong ~p p>:P~,.cat Planning Department <'",, D~ . .~ _ ~~ I~ , ~ ~ ~~ £ Z fl From: Lieutenant Don Klein Vice, Narcotics, and Criminal Intelligence Bureau Commander Date: April 10, 2008 RE: CUP 2008-05297 Application for a Massage Establishment Permit 2424 W. Ball Raad #J Anaheim, CA 92804 The Police Department has received an application for a Massage Establishment Permit for the above address. The application was given to the Vice Detail for investigation. The Police Department recommends denial of this application. We have already arrested Meili Bian for 647(b) pc, Prostitution, from this location. She was also cited for working in the City without proper permits. She was found guilty and received a fine of $100 and 3 years probation. She has 2 more cases waiting trial. Meili Bian has her name on the lease for the property, paid the fees for the Conditional Use Permit, and has her name on file with Utilities. Mr. Jian Yi decided to put his name on this application when Ms. Bian was informed that she would most likely be denied this business because of her arrest and citations. We are not going to recommend approval for this business when they have already shown us how they intend to operate. If the City of Anaheim decides to grant this Conditional Use Permit, we require that Ms. Bian may not be associated with this business, even as a responsible employee. We. would also request that the hours of operation be limited from 10:00 am to 10:00 pm. This business would also need to comply with all provisions set forth in the Anaheim Municipal Code. Please contact Sergeant Allan Roman at extension 1451 if you require further information. . ~~. Anaheim Police Dept. 425 5. Harbor Dlvd. Anaheim, CA 92805 'CEL: 714.765.1401 FAX: 714.765.1 fi65 MEMORANDUM ATTACHMENT NO.S CITY OF ANAHEIM Code Enforcement Division DATE: APRIL 18, 2008 TO: KIMBERLY WONO-ASSISTANT PLANNER FROM: MAYO SALAZAR CODE ENFORCEMENT OFFICER #1014 SUBJECT: 2424 W. BALL RD. UNIT J CUP2008-05297 On April 18, 2008, Kimberly Wong and I observed inspected the property and the exterior of the commercial building was being well maintained. Kimberly Wong and I conducted a survey with each tenant in the same commercial center for their opinions and concerns regarding the proposed massage establishment to occupy unit 7. The results of the 13-tenants surveyed were: 8-had no objections to the massage establishment 5- opposed the massage establishment I did observe several businesses in violation of advertising and zoning codes, new cases will be generated to address these violations. Code Enforcement records indicate this existing massage establishment business has been issued notices for unpermitted massage technician; ® Meili Bian, the business owner was cited on 8/3/07 by Code Enforcement -She was convicted on 10/24/07 and placed on 3 years informal probation for operating without a City of Anaheim Massage Technician Permit. ® Meili Bian was cited on 10/26/07 & 12/21/07 by Code Enforcement -Case combined and scheduled for Pre-Trial on 5/01/08. ® Meili Bian was arrested on 2/12/08 by Anaheim Police Dept. -Case scheduled for Pre- Trial on 5/Ol/O8. ® Maria T. Munoz, an employee was issued a Notice of Violation on 10/26/07 by Code Enforcement for not having a Massage Technician Permit -She is no longer working at this location and the case was closed. Please contact me if you have any questions regarding this matter. Mayo Salazar Code Enforcement Officer #1019 Item 5 F I u ORANGE COUNT}' ~,{ REGISTER Q F U U c LL PLATINUM TRIANGLE MI} OVERLAY ZONE I ORANGE COUNTY REGISTER O-L I(ATELLA/LEWIS CENTER \ \ FRITZ SPORTS BAR n so wo wec May 12, 2008 Subject Property I VACANT WHOLESALE TILE STORE Conditional Use Permit No. 2008-05304 Development Agreement No. 2008-00002 905-917 East Katella Avenue ioasa KATELLA AVENUE Ma 12, 2008 Subject Property Conditional Use Permit No. 2008-05304 Development Agreement No. 2008-00002 905-917 East Katella Avenue 40h8 V ~ Aarial Photo: .~. .ndu Anne Ad'acent o: +Re aired Setback Pro oscd':Setback Lewis Street (Parking Structure) 12 Feet 8 Feet "Interior Street North/South" l0 Feet 2 - S Feet (Parking Structure) "Interior Street East" (Parking ' 10 Feet 2 -18 Feet Structure} "Interior Street North" l0 Feet 5 - 8' Feet (Residential Building) Katella Avenue (Residential 18 Feet 7 -18 Feet 4 Inches Building) A"1<"I'ACI~[I~~I<1B' l~t~. 1 Plt®.IECT' SUIVIMAIti' CUP zoo?-os3oa ANA ~A~ zoos-oooo2 ;Propogea I'~®~eet ~~IVI~I ~ePay IDevelopnient Standard s~a~aaras Site Area 8.7 acres N/A Minimum Parking 1,350* 1,375 Minimum LandscapingBuilding Setback Adjacent to Lewis Street 8 - 27 Feet 12 Feet Adjacent to Katella Avenue 7 -18 Feet 18 Feet Adjacent to Connector West/East 10 Feet 10 Feet Adjacent to Connector North 10 Feet 10 Feet Adjacent to Interior North/South 2 - 10 Feet 10 Feet Adjacent to Interior East 2- 18 Feet 10 Feet Maximum Lot Coverage 58% 75% Maximum Density (DU/AG) 36.7 100 Unit Floor Sizes *** Studio 560 Squaze Feet 550 Squaze Feet 1 Bedroom 745-920 Squaze Feet 650 Squaze Feet 2 Bedroom 1,165 S uaze Feet 825 Square Feet Minimum Recreation Leisure Area per 74,717 Squaze Feet** 64,000 Squaze Feet unit (200 s.f./unit) Maximum Building Height Office Building 211 Feet : 100 Feet for all Hotel 94 Feet 6 Inches buildings Residential Building 69 Feet 2 Inches *A shazed pazking demand study has been approved by the City's traffic consultant. * *Includes public plaza **See Attachment No. 6 (refer to Sheet A17 A~"~'~~~I~T'I' ?~1Q. 2 sy~;E ~LAIv CUP 2007-05304 A1VIB DAG 2000-00002 I F I' I i ~ ~~ III ~ ~~ I I - ~ ~ ' ~ i I r L ^~-~s a l ~ n~~~y,a~~~ ,~ p s ~ L x ~ ~~ ~ ~z. k I I I I ~ X~ ~ 2 ..4' ~ C~ ~ r y t s+7~1WYC Y ~ F; 1 1 f I l ( I I ' ~ ~.g f ~ a y ve. P T ~ ~ ~ ~ , ~ K ,~ ry ' ~ ~ ~ 1, ~1 1 , ~814 ~ a a l~: ,~ . Y Y{ ~~ I I. i~ , , ~ ~ f t , , ~~ ~~ e ~ _ ~ ~_ ~~ ~ ~ ~ . , ~ I 11~' ~° ~ ~~~-~z~--~~ O { ~ ~ ~) ~ ~' ~ ~ ~ ~ ' c ~ I I ~, ~, Uzi -~ ~ ~ + I ~..~ ~ A . ~ I `` I I ~ ~ " ~ ,t ..~.~. i x , l ~ ' ~ s s~. R -, `'~ ~ I ~ I ~I la I ~ ~ ' ~. I fi ~ I R ti ~ ~ G ' , i I ~ r l ~ ~~ wK F . I ~' ~ i ~ ~ ~' ~X ~ ~ ~ ' i ~ ~ °~ '~ i ~~_ ~ I~ :~ ~~ k ~ ; --- - ~. -- - I I I C - ~ _ ---- - --- - ----- -~ ----- -- -¢ - R ¢ --- - ___ __ ne3_-_ _ _ _ _ -_ -__ _ -__ __ _ ___ I_ ~ _~ . -~n~T ~ `+~~ ~~ ~ ~ u E ATTACHMENT N0.3 City of Anaheim Planning Department Planning Services Division Ta: Sheri Vander Dussen; Planning Director From: Kimberly Wong, Planner Date: May 7, 2008 RE: PLATINUM GATEWAY FINAL SITE PLAN REVIEW NO. 2008-00001 (905 - 917 East Katella Avenue) The project applicant, The PRS Group, has submitted a fmal site plan for the development of the Platinum Gateway project, a mixed use project consisting of a 12-story office building, 130-room hotel and 320-unit residential complex. The project is proposed to be located in the Katella District of the PTMU Overlay Zone at 905 - 917 East Katella Avenue. The applicant has also requested approval of Conditional Use Permit No. 2007-05304 to pernut modifications of setback requirements and permit the office building to have a structural height of up to 211 feet, in conjunction with Development Agreement No. 2008-00002. These applications aze agendized for a Planning Commission public hearing on May 12, 2008. Staff has reviewed the fmal site plan application and has determined that it is in conformance with the provisions of the PTMU Overlay Zone and The Platinum Triangle Master Land Use Plan. Therefore, staff recommends that the Planning Director, by signature below, approve the final site plan. Approval of the final site plan is contingent upon the approval of the aforementioned development agreement and conditional use permit by the Planning Commission and City Council. Approved by: ~G.l~~..f~./Yx- S o ~3 Sheri Vander Dussen, Planning Director Date 200 5. Anaheim Blvd. Anaheim, Callfomia 9260 TEL: 714.765.5139 FAX: 714.765.5280 Exhibit A: Final Site Plan No. 2008-00001 List of Exhibits Exhibit No. Title Title Sheet (Sheet T-1) Architectural Site Plan (Sheet Al ) Floor Plan: Level Zero- Basement Level (Sheet A2) 4 Floor Plan: Level One- Street Level (Sheet A3) 5 Floor Plan: Level Two- Podium & Bridge Level (Sheet A4) 6 Floor Plan: Level Three (Sheet AS) 7 Floor Plan: Level Four {Sheet A6) 8 Floor Plan: Level Five (Sheet A7) 9 Floor Plan: Level Six (Sheet A8) 10 Floor Flan: Level Seven (Sheet A9) I 1 Floor Plan: Level Eight (Sheet A10) 12 Floor Plan: Level Nine (Sheet Al l) 13 Floor Plan: Level Ten (Sheet A12) ] 4 Floor Plan: Level Eleven (Sheet A13) 15 Roof Plan -Level Twelve (Sheet A] 4) 16 Roof Plan -Mechanical Level (Sheet A15) 17 Unit Plans (Sheet A16) 18 Site Sections (Sheet A17) 19 Site Sections (Sheet A18) 20 Site Sections (Sheet A19) 21 Elevations - Katella Avenue (Sheet A20) 22 Elevations -Lewis Street (Sheet A21) 23 Elevations -Office Building (Sheet A22) 24 Elevations -Hotel (Sheet A23) 25 Elevations -Residential (Sheet A24) 26 Site Development Plan (Sheet Cl) 27 Grading Plan (Sheet C2) 28 Composite Utility Plan (Sheet C3) 29 Landscape Plan -Overall (Sheet Ll) 30 Landscape Plan - Enlazged Details (Sheet L2) 31 Landscape Plan-Enlazged Details (Sheet L3) 32 Waste Management Plan (WMP) 33 Existing Condition Map (ECM) 34 Amenities Plan (AP) Note: Final Site Plan exhibits aze included as exhibits to Development Agreement No. 2008-00002 and are available for review at the Planning Department. [DRAFT] ATTACHNdENT NO. 4 RESOLUTION NO. PC2008 *** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT PREVIOUSLY-CERTIFIED FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT NO. 334 IS APPROPRIATE TO SERVE AS THE ENVIRONMENTAL DOCUMENT FOR THE PROJECT AND APPROVING CONDITIONAL USE PERMIT NO. 2008-05304 (905-917 EAST KATELLA AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in The Platinum Triangle of the City of Anaheim, County of Orange, State of California, shown on Exhibit A attached hereto and incorporated herein by this reference; and WHEREAS, the PTMU Overlay Zone, Chapter 18.20 of the Anaheim Municipal Code, does provide for the modification of setback requirements in connection with a conditional use permit; and WHEREAS; the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit to modify the minimum structural setbacks to construct a mixed use development consisting of 320 dwelling units, a 209,419 squaze foot office building with a 5,586 squaze foot restaurant with a 1,715 squaze foot outdoor dining area and 4,381 squaze foot of retail space, and a 138-room hotel with 2,225 square feet of accessory office azea, 1,784 squaze feet of hotel serving retail, 8,329 squaze feet of food uses and 4,347 square feet of banquet/meeting space for certain real property and to permit the office building to have a structural height of up to 211 feet; and WHEREAS, Conditional Use Permit No. 2008-05304 is proposed in connection with Development Agreement No. 2008-00002; and. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 12, 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 "Procedures", to hear and consider evidence for and against said proposed project actions, including Conditional Use Permit No. 2008-05304 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said heazing, does find and determine the following facts:. 1. That the proposed modification of minimum structural setbacks to construct a mixed use development is properly one for which a conditional use permit is authorized under Code Section No. 18.20.090.050 of the Anaheim Municipal Code. 2. That the proposed 21 I-foot structural height for the office building is properly one for which a conditional use permit is authorized under Code Section No. 18.20.050 of the Anaheim Municipal Code. -1- PC2008-*** 3. That the proposed structural height will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located. A shade and shadow study demonstrates that the adjacent sensitive uses would not be impacted more than 50% of the day, and would comply with required mitigation for the project. 4. That the proposed use will not adversely affect the adjoining land uses or the growth and development of the azea in which it is proposed to be located because the proposed project is compatible with existing and surrounding land uses and the minor deviations from the Code would still achieve a project with azchitecturally enhanced elevations and layered landscaping, and further provide a project that is compatible and consistent with the General Plan Mixed-Use land use designation and The Platinum Triangle Master Land Use Plan (PTMLUP). 5. 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 either the particular area or to the health and safety of the citizens of the City of Anaheim. 6. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the azea as the proposed project has been analyzed in a Traffic Impact Analysis dated Februazy 2008, reviewed and approved by the City Traffic and Transportation Manager and that the required infrastructure improvements along the adjacent streets will be constructed in connection with the project and the project will comply with the mitigation measures set forth in Mitigation Monitoring Plan No. 153 for the project. 7. 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. 8. That *** indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to the subject petition, WHEREAS, the City Council certified Final Subsequent Environmental Impact Report No. 334 in connection The Platinum. Triangle Expansion Project in April 2008. The Council also approved a Statement of Findings and Fact and Overriding Considerations and the Updated and Modified Mitigation Monitoring Program No. 106B (MMMP No. 106) in conjunction with the Final SEIR. The Final SEIR addressed the environmental impacts and mitigation measures associated with those activities that would be undertaken pursuant to and in furtherance of The Platinum Triangle Expansion Project. Mitigation Monitoring Plan No. 153 includes mitigation measures from MMMP No. 106B that are applicable to the proposed project. Therefore, FSEIR No. 334, together with Mitigation Monitoring Plan No. 153, are adequate to serve as the required environmental. documentation for this proposal and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepazed for the proposed project actions. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby apgrove Conditional Use Permit No. 2008-05304, 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, safety and general welfaze of the Citizens of the City of Anaheim: -2- PC2008-* COA Conditions of Approval Responsible for Monitoring Tdld~dN~: P RI®If T~ ISSUANC'E' ~1F' BUPLDING P~'Rl~ddT'S 1 That plans shall indicate compliance with the building setbacks Planning identified in Exhibit Nos. 1 through 39 of Final Site Plan No. 2008- 00001. GEIVEId,4L C~NDITd®IYS 2 That subject property shall be developed substantially in accordance Planning with Development Agreement No. 2008-00002, and as conditioned herein. 3 That this conditional use permit shall be valid for a period of time Planning coinciding with the timing set forth in Development Agreement No. 2008-00002. 4 That approval of this application constitutes approval of the Planning proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or .approval of the request regazding any other ap licable ordinance, regulation or re uirement. BE IT RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declazed invalid or unenforceable by the fmal judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. AND BE IT FURTHER RESOLVED that the property owner/developer is responsible for paying all chazges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits, whichever occurs fast. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 12, 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 -3- PC2008-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) sa, CITY OF ANAHEIM ) I, Grace Medina, Senior Secretar}~ of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on May 12, 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-*** o so roo k~: w w _~ w J - ___ _ Source: Recorded Tract Maps andlor City GIS. Please note the accuracy is +/- two to five feet. Subject Property Conditional Use Permit IVo. 2008-05304 Development Agreement No. 2008-00002 905-917 East Katella Avenue 10494 590.65' [DRAFT] ATTACHMENT NO. 5 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION RECOMMENDING CITY COUNCIL DETERMINATING THAT PREVIOUSLY-CERTIFIED FINAL SUBSEQUENT ENVIRONMENTAL IMFACT REPORT NO. 334 IS APPROPRIATE TO SERVE AS THE ENVIRONMENTAL DOCUMENT FOR THE PROJECT AND RECOMMENDING CITY COUNCIL APPROVAL OF DEVELOPMENT AGREEMENT NO.2008-00002 BY AND BETWEEN THE CITY OF ANAHEIM AND K/L ANAHEIM PROPERTIES I LLC AND. K/L ANAHEIM PROPERTIES II LLC, AND MAKING CERTAIN FINDINGS RELATED THERETO (905-917 EAST KATELLA AVENUE) WHEREAS; Article 2.S of Chapter 4 of Division 1 of Title 7 (commencing with Section 65864) of the Government Code of the State of California (hereinafter the "Statute") authorizes a city to enter into a contract which is called a development agreement in order to establish with certainTy what regulations will govern the construction of a development; and WHEREAS, the City of Anaheim (hereinafter the "City"), as a charter city, heretofore enacted Ordinance No. 4377 (hereinafter the "Enabling Ordinance") bn November 23, 1982, making the City subject to the Statute; and WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statutes the City heretofore on November 23, 1982; adopted Resolution No. 82R-565 (hereinafter the "Procedures Resolution") establishing procedures and requirements for the consideration ofdevelopment' agreements upon receipt'of an application by the City; and WHEREAS, on May 25, 2004, the Anaheim City Council approved General Plan Amendment No: 2004-00419 setting forth the City's vision for development of the City of Anaheim ("General Plan Amendment"), and certified Final Environmental Impact Report No. 330, adopting Findings of Factand a Statement of Overriding Considerations, and associated Mitigation Monitoring Plans ("FEIR No: 330"), in conjunction with its consideration and approval of the General Plan Amendment; amendment of the City's zoning code, and a series of related actions; and WHEREAS, the General Plan sets forth a vision for development of Mixed Uses, Office High, Office Low, Industrial and Institutional land uses within an approximately 820-acre azea generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the west; and the Southern California Edison Company Easement on the north ("The Platinum Triangle"); and WHEREAS; in order to carry out the goals and policies of the General Plan for The Platinum Triangle, on August 17, 2004, the City Council adopted Resolution No: 2004-177, approving The Platinum Triangle Master Land Use Plan, setting forth the new vision for The Platinum Triangle; and -1- PC2008-*** WHEREAS, to further implement the goals .and policies of the General Plan for The Platinum Triangle and pursuant to the procedures set forth in Chapter 18.76 of the Anaheim Municipal Code, on August 24, 2004, the City Council adopted Ordinance No. 5935 amending Title 18 of the Anaheim Municipal Code to establish zoning and development standazds for the Platinum Triangle Mixed Use (PTMU) Overlay Zone (the "PTMU Overlay Zone") and Ordinance'No. 5936, amending the zoning map to reclassify approximately three hundred and seventy-five acres~within The Platinum Triangle into the PTMU Overlay Zone as depicted in The Platinum Triangle Master Land Use Plan to provide opportunities for high quality, well-designed development projects that could be stand-alone projects, or combined residential and non-residential uses including office, retail, business services, personal services, public spaces and uses, and other community amenities within the azea; and - WHEREAS, the PTMU Overlay Zone requires a Development Agreement between the property owner and the City of Anaheim to implement .all development in the Katella, Gene Autry, Gateway and Orangewood Districts of the PTMU Overlay Zone, except as otherwise exempt under Code; and. WHEREAS, on August 17, 2004, the City Council adopted Resolution No. 2004- 179, approving the form of the Standazd Development Agreement for the PTMU Overlay Zone; and WHEREAS, on October 25, 2005, the City Council certified Final Subsequent Environmental Impact Report No. 332 (FSEIR No. 332) and the Updated and Modified Mitigation: Monitoring Program No. 106A in connection with its consideration of General Plan Amendment No. 2004-00420, Zoning Code Amendment No. 2004-00036, Miscellaneous Case No: 2004-00089 to amend The Platinum Triangle MasterLand Use Plan, Miscellaneous Case No. 2005-00114 to amend The Platinum Triangle Standazdized Development Agreement, Miscellaneous Case No: 2005-00115 to rescind, in part, the Resolution of Intent pertaining to reclassification of the North Net Training Center site and Reclassification No. 2004-00134; and WHEREAS; on Apri18, 2008, the City Council certified Final Subsequent Environmental Impact Report No. 2006-00334 (FSEIR No. 334) and the Updated and Modified Mitigation Monitoring Program No. 106B in connection with its consideration of General Plana Amendment No. 2007-00454;. Amendment to the Flatinum Triangle Master Land Use Plan Miscellaneous Case No. 2006-00188, Zoning Code Amendment No. 2007-00056, Zoning Reclassification No. 2007-00196, Amendment to the Platinum Triangle Standazdized Development Agreement Form Miscellaneous Case No. 2007-00203 and Water Supply Assessment Miscellaneous Case No. 2007-00218; and WHEREAS, on January 22, 2008, pursuant to the Statute, the Enabling Ordinance, and the Procedures Resolution (hereinafter collectively referred to as the "Development Agreement Law"), The PRS Group, representing K/L Anaheim Properties I LLC and K/L Anaheim Properties II LLC (hereinafter. "Applicant"), submitted an application to the Planning Department for approval of Development Agreement No. 2008-00002 (hereinafter the "Application"), which included a proposed development agreement (hereinafter the "Development Agreement") prepazed in - conformance with the Standazd Development Agreement for The Platinum Triangle to vest certain project entitlements .and address the implementation of the Platinum Gateway Project; and -2- PC2008-*** WHEREAS, in conjunction with the Development Agreement, the Applicant also requested approval of Conditional Use Permit No. 2008-05304; and WHEREAS, the Development Agreement pertains to approximately 8.7 acres of real property in the City of Anaheim, owned by the Applicant, commonly known as 905-917 East Katella Avenue, as more pazticulazly shown on Exhibit A, attached hereto and incorporated herein by this reference, which is located in The Platinum Triangle and within the Industrial (I) zone and the Katella District of the PTMU Overlay; and WHEREAS, the Applicant desires to develop the property with a 12-story office 209,419 squaze foot office building with a 5;586 squaze foot full service restaurant with an outdoor dining area of 1,715 square Feet and 4,381 squaze feet of retail space, a hotel with 138 guest rooms including 2,225 square feet of accessory office space, 1,784 squaze feet of hotel serving retail, 8,329 squaze feet of food uses, and 4,347 squaze feet of banqueUmeeting space, and a 320-unit residential complex, as more particulazly set forth in Exhibit "B" of the Development Agreement (the "Final Site Plan") and Conditional Use Permit No. 2008-05304 (hereinafter collectively refen'ed to as the "Platinum Gateway Project"); WHEREAS, on May 7, 2008, the Planning Director approved Final Site Plan No. 2008-00001 to provide for the development of the Platinum Gateway Project, contingent upon the approval of Development Agreement No. 2008-00002 and Conditional Use Permit No: 2008-05304; and WHEREAS, the Planning Commission did hold a public heazing at the Civic Center in the City of Anaheim on May 12, 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 Development Agreement and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Applicant has demonstrated that the Project meets the eligibility. requirements of the Procedures Resolution to enter into the Development Agreement by showing. that, upon completion, the Project will result in the construction of a mixed use development consisting of 320 dwelling units, a 209,419 square foot office building with a 5,586 squaze: foot restaurant with a 1,715 squaze foot outdoor dining azea and 4,381 square foot of retail space, and a 138-room hotel with 2,225 square feet of accessory office area, 1,784 square feet of hotel serving retail, 8,329 squaze feet of food uses and 4,347 squaze feet of banqueUmeeting space within a period of not more than twelve (12) yeazs, consisting of one (1) initial seven (7) yeaz period and one (1) five year extension period that shall be tranted pursuant to the attainment of certain milestones contained in Exhibit "G" of the Development Agreement ("Development Milestones"); and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, .and after due consideration of and based upon all of the evidence and reports offered at said heazing, does find and determine that the Development Agreement meets the following standards set forth in the Procedures Resolution: -3- PC2008-*** 1. That the Project is consistent with the City's General Plan in that it is in conformance with the General Plan Mixed Use land use designation and with the goals, policies and objectives , for The Platinum Triangle as set forth in the General Plan. 2. That. the Project is compatible with the uses authorized in and the regulations prescribed for the applicable zoning district in that the Project is in compliance with the PTNIU Overlay Zone requirements as set forth in the Final Site Plan and Conditional Use Permit 2008- 05304. 3. That the Project is compatible with the orderly development of property in the surrounding azea in that it is in conformance with and implements The Platinum Triangle Master Land Use Plan and the PTMU Overlay Zone requirements. 4: That the Project is not otherwise detrimental to the health and safety of the citizens of the City of Anaheim. 5. That the Development Agreement constitutes a lawful, present exercise of the City's police power and authority under the Statute, the Enabling Ordinance and the Procedures Resolution. 6. That the Development Agreement is entered into pursuant to and in compliance with its charter powers and the requirements of Section 65867 of the Statute, the Enabling Ordinance and the Procedures Resolution. 7. That *** indicated their presence at said public heazing in opposition; and that *** correspondence was received in opposition to the subject petition. WHEREAS, the City Council certified Final Subsequent Environmental Impact Report No. 334 in connection The Platinum Triangle Expansion Project in Apri12008, The Council also approved a Statement of Findings and Fact and Overriding Considerations and the Updated and Modified Mitigation Monitoring Program No: 1068 (MMMP No. 106) in conjunction with the Final SEIR. The Final SEIR addressed the environmental impacts and mitigation measures associated with those activities that would be undertaken pursuant to and in furtherance of The Platinum Triangle Expansion Project. Mitigation Monitoring Plan No. 153 includes mitigation measures from MMMP No. 106E that are applicable to the proposed project. Therefore, FSEIR No. 334, together with Mitigation Monitoring Plan No: 153, aze adequate to serve as the required environmental documentation for this proposal and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepazed for the proposed project actions. NOW, THEREFORE, BE IT RESOLVED that based upon the aforesaid findings and determinations, the Anaheim Planning Commission does hereby recommend to the City Council the approval of the Application and the Development Agreement. -4- PC2008-* THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 12, 2008. 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 May 12, 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 -g- PC2008 *** F- w w rn w 0 m o sa mu reec 590.65' _____ Scurce: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- ry,~c to five feel. Subject Property Conditional Use Permit iVo. 2008-05304 Development Agreement No. 2008-00002 905-917 East Katella Avenue ,0494 Item 6 0 J I (PTMU) z m CATERING TRUCK ¢ 1L CO. ° I (PTMU) U` 1 (PTMU) rc IND. ttJ MEDICAL FIRM a J OFFICE v O o U o I (PTMU) UJ o SMALL IND Q 1 (PTMU) ~ . FIP,MS I ~ MU) I (P VACANT rc i VACANT IND. FlRM .vm .~st~q-308' _ 487'-~j pRANGEWOOD AVE I ® IIPrMU) I B VAC I 111TrMllj ~ OFFICE SLOG. I (PTMU) I (PTMU) I(hrMU) 1(PTMU) , ~ SMALL IND. SMALL IND. FAST FOOD TTM 17241 a FIRMS FIRMS ' aEST , -RCL 2004-00129 ~ IND. FIRM ~' ~ '. RCL 99-00-15 ) ~ RCL 08.67-14 z W ' RCL 62-63-09 { _ ~ ~ -. RCL 56-07-93 0 ~ I(hrMUl .CUP 2007.05284 0 ~ PARKING MI5 2008-00246 k ~ o Z IND FlRM g ~ z ~ O ~ ~ ~ ~ " ~ IM ) L I . :. ~ ~ " ~ NC AL . E ~~ FIRM S I I (PTMU) I (PTMU) SMALL INI SWAP MEET PLATINUM TRIANGLE FI MS ~ MIXED USE . ~ OVERLAY ZONE { I (PTMU) q ~ SMALL IND. ~~~ N FIRMS May 12, 2008 Subject Property Conditional Use Permit No. 2007-05284 Tentative Tract Map No. 1724 Development Agreement No. 2007-00006 Miscellaneous No. 2008-00246 2100 East Orangewood Avenue 1DS3z Ma 12, 2008 Subject Property Conditional Use Permit No. 2007-05284 Tentative Tract Map No. 1724 Development Agreement No. 2007-00006 Miscellaneous No. 2008-00246 2100 East Orangewood Avenue ,ossz Q~ ALL PROPERTIES ARE IN THE PLATINUM TRIANGLE. Aerial Photo: ~_ __ _ Jmvzeos __ Adjacent to: __ Required. ~'ype.ofEncroachment ?;Proposed:. Setback Encroachment South Property Line 5 feet Upper Story Balconies 3 feet (Building Four) Private Connector Street 10 feet ' Building 9 feet 4 inches (Buldin s One and Two) U` er Sto "Balconies 5 feet 11 inches Northwest Property Line 5 feet (fully :Paved Walkway 26 inches uildin One) landsca ed) AT~~iC]f3[M>EI~1'T I~1®, ~ PliO.TECT SUll~IdiAI21' CdJP 2007-052$4,19AG 2007-00006, TTM 17241 Developffient Standard Proposed PTMYJ ®verlay ` Project Standards .- Site Area 6.9 acres N/A Minimum Pazking 1,129 1,105 Minimum Landscaping Setback Adjacent to Orangewood Avenue 12 feet 3 feet, in front of patio Adjacent to Connector Street 9 feet 4 inches 3 feet, in front of patio Side (northwest property line, Bldg. One) 34 inches 5 feet Side (southwest property line, Bldg. Five) 10 feet ~ feet Side (east property line, Bldgs. Two and Three) 5 feet 5 feet Rear (south property line, Bldgs. Three and 10 feet > feet Five) Reaz (south ro erty line, Bldg. Four) 5 feet 5 feet Minimum Building Setback Adjacent to Orangewood Avenue 12 feet 12 feet Adjacent to Private Connector Street 9 feet 4 inches 10 feet Side (northwest property line, Bldg. One) 8 feet 10 inches 5 feet Side (southwest property line, Bldg. Five) 10 feet 5 feet Side (east property line, Bldgs. Two .and Three) 20 feet 5 feet Reaz (north property line, Bldgs. Three and 10 feet 5 feet Five) Reaz (north ro erty line, Bldg. Four} 6 feet 10 inches 5 feet Maximum Lot Coverage 67% 75% Maximum Density (DU/AC) 99.42 100 Unit Floor Sizes* Studio 550-911 s.f. 550 s.f. 1 Bedroom 730-1,014 s.f. 650 s.f. 2 Bedroom 1,099-1,470 s.f. 825 s.f. Minimum Recreation Leisure Area er unit 204.4 s uaze feet 200 s uaze feet Maximum Building Height 69 feet 100 feet *See Attachment No. 9 (Sheets A10:0 - A12.0) A'~"~'r~C~I~lE1~IT' 1~1®. 2 sl~~ Pl.~v C'UP 2007-05284, DAG 2007-00006, TTM 17241 _ __~:._ -z.: ___,__ rn~ =r ~^ "~ r ~. ~yL'~v-~rf~+'i~d YXr .:. - "..: - - ,W 6iF~.y ~ . =U..: 1 _ --~-z _ I 1 M ` I ;. _ ADJACENT U_SE ~ PROPOSED IAULT PMILV ' ~... I it I ~ DEVELOPhtENT t ~rt¢r ~--~ k ' ~ ~ a .= - ~ - - - ~~-_ -j, '~° `iro ORANGEN/00D AVENUE ADJACENT USEt s'~c ~F]QSTNG COMMERCIALHLDO AND ~@ ON GRADE PARNING LOT ~r 5~e Iz ., .; ~,pHEi A, ~,^ 4 P ~~n O O F z U D __,~ /0h~ OVNPEP ~ 200 s. Anaheim Blvd. Anaheim, CaliComin 9'?.80: TEL: 7]4.765.5139 ~Ax: 714.7fi5.52A0 City of Anaheim Planning Department Planning Services Division To: Sheri Vander Dussen, Planning Director From: Kimberly Wong, Planner Date: May 7, 2008 ATTACHMENT N0.3 RE: ALEXAN ORANGEWOOD FINAL SITE PLAN REVIEW N0.2007-00014 (2100 East Orangewood Avenue) The project applicant, Trammell Crow Residential, has submitted a final site plan for the development of the Alexan Orangewood project, a residential project consisting of 689 apartments. The project is proposed to be located in the Gateway District of the PTMU Overlay Zone at 2100 East Orangewood Avenue. The applicant has also requested approval of Conditional Use Permit No. 2007-05284 to permit modifications of setback requirements, in conjunction with Development Agreement No. 2007-00006, Tentative Tract Map No. 17241 and Miscellaneous Case No. 2008-00246. These applications are agendized for a Planning Commission public hearing on May 12, 2008. .Staff has reviewed the f rra] site plan application and has determined that it is in conformance with the provisions of the PTMU Overlay Zone and The' Platinum Triangle Master Land Use Plan. Therefore, staff recommends that the Planning Director, by signature below, approve the final site plan. Approval of the final .site plan is contingent upon the approval of the aforementioned development agreement, conditional use pennit, miscellaneous permit and tentative tract map by the Planning Commission and CiTy Council. Approved by: Sheri Vander Dussen, Planning Director ~ o~ Dae Exhibit A: Final Site Plan No. 2007-00014 List of Exhibits. Exhibit No. Sheet No. Title I. A0.0 Cover Sheet 2. A1.0 ` Ground Level Bldgs 1, 2, 3, 4, 5 3. A2.0 Pazking Level 1 Bldgs 1, 2, 4 Podium Level Bldgs 3,5 4. A3.0 'Podium Level Bldgs. 1, 2, 4 2"d Level Bldgs. 3, 5 5. A4:0 2"d Level Bldgs. 1, 2, 4 3cd Level Bldgs. 3, 5 6'. A5.0 3`d Level Bldgs. 1, 2, 4 4a' Level Bldgs: 3, 5 7. A6.0 4a' Level Bldgs: 1; 2, 4 Mezzanine Level Bldgs. 3, 5 8. A7.0 Mezzanine Level Bldgs. I, 2, 4 High Roof Level Bldgs. 3, 5 9. A8.0 High Roof Level Bldgs. I, 2, 4 10. A9.0` Subterranean Parking Level B(dgs. I, 2, 3, 4, 11. A]0.0 Unit Plans: Unit Al, Al-Loft, Unit B1, Unit B1- Loft 12. Al 1.0 Unit Plans: Unit B4, Unit B4-Loft, Unit CI, Unit Cl-Loft 13. A12.0 Unit Plans: Unit Ll, Unit LI-Loft, Unit TH 14. Orangewood Avenue Colored 3-D Rendering 15. A13.0 Orangewood Avenue Elevations 16. A13.1 Buildings 3, 4, & 5 North Elevations 17. Orangewood Avenue Colored Elevations 18. Buildings 3, 4, & 5 North Elevations Colored Rendering 19. A14.0 Orangewood Avenue Building 1 North Elevation 20. A14.1 Building 1 East, South and West Elevations 21. Building I Colored Rendering-North Elevation 22. Building 1 Colored Rendering -East Elevation 23. Building 1 Colored Rendering -South Elevation 24. Building 1 Colored Rendering -West Elevation 25. Building 1 & 2 Color/Material Board 26. A15.0 Building 3 West Elevation 27. A15.1 Building 3 South, North and East Elevafions 28. Building 3 Colored Rendering- West Elevation 29. Building 3 Colored Rendering-North & South Elevation 30. Building 3 Colored Rendering -East Elevation 31. A16.0 Building 4 -North Elevation 32. A16.1 Building 4 -East, West and South Elevation 33. Building 4 Colored Rendering -North Elevation 34. Building 4'Colored Rendering- East Elevation 35. Building 4 Colored Rendering -South Elevation 36. Building 4 Colored Rendering -West Elevation ' 37. Building 3, 4 and 5 Tower and Balcony Details 38. Building 3, 4 and 5 Color/Material Boazd 39. A17.0 Building Sections 40. A18.0 Waste Management Plan 41, A19.0 Recreation/Leisure Area 42. A20.0 Recreation/Leisure Area 43. A21.0 Pedestrian Access Plan 44. A22.0 Conceptual Signage Plan 45. L-I .Landscape Plan-Ground Level 46. L-2 Landscape Plan -Podium Level 47. L-3 Landscape Plan -Sections 48. L-4 Landscape Plan- Sections 49. L-5 Landscape Plan- Sections 50. L-6 Landscape Plan -Sections 51. Tentative Tract Map No. 17241 52. Shade/Shadow Study -Summer & Winter Solstice Note: Final Site Plan exhibits aze included as exhibits to Development Agreement No. 2007-00006 and are available for review at the Planning Department. [DRAFT] ATTACHMENT N0.4 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION.: DETERMINING THAT PREVIOUSLY-CERTIFIED FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT NO. 334 IS APPROPRIATE TO SERVE AS THE ENVIRONMENTAL DOCUMENT FOR THE PROJECT AND APPROVING CONDITIONAL USE PERMIT NO. 2007-05284 (2100 EAST ORANGEWOOD AVENUE). WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in The Platinum Triangle of the City of Anaheim, County of Orange, State of California, shown on Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, the PTMU Overlay Zone, Chapter 18.20 of the Anaheim Municipal Code, does provide for the modification of setback requirements in connection with a conditional use permit; .and WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit to modify the minimum structural and landscape setbacks to construct a 689 residential units for certain real property; and WHEREAS, Conditional Use Permit No. 2007-05284 is proposed in connection with Development Agreement No. 2007-00006, Tentative Tract Map No. 171241 and Miscellaneous Case No. 2008-00246; and. WHEREAS, the Planning Commission did hold a public heazing at the Civic Center in the City of Anaheim on May 12, 2008 at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to heaz and consider evidence for and against said proposed project actions, including Conditional Use Permit No. 2007-05284, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said heazing, does find and determine the following facts: 1: That the proposed modification of minimum setbacks to construct 689 residential units is properly one for which a conditional use permit is authorized under Code Section No. 18.20.090.050. of the Anaheim Municipal Code: 2. That the proposed use will not adversely affect the adjoining land uses or the growth and development of the azea in which it is proposed to be locatedbecause the proposed project is compatible with existing,and surrounding land uses and the minor deviations from the Code would still achieve a project with architecturally enhanced elevations and layered landscaping, and further provide a project that is compatible and consistent with the General Plan Mixed-Use land use designation and The Platinum Triangle Master Land Use Plan {PTMLUP). , -1- PC2008 *** 3. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to either the particular area or to the health and safety of the citizens of the City of Anaheim. -` 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the azea as the proposed project has been .analyzed in a Traffic Impact Analysis dated Februazy 2008, reviewed and approved by the City Traffic and Transportation Manager and that the required infrastructure improvements along the adjacent streets will be constructed in connection with the project and the project will comply with the mitigation measures set forth in Mitigation Monitoring Plan No. 152 for the project. 5. That the granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. 6. That *** indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to the subject petition. WHEREAS, the City Council certified Final Subsequent Environmental Impact Report No. 334 in connection with The Platinum Triangle Expansion Project in Apri12008. The Council also approved a Statement of Findings and Fact and Overriding Considerations and the Updated and Modified Mitigation Monitoring Program No. 106B (MMMP No. 106) in conjunction with the Final SEIR. The Final SEIR addressed the environmental impacts and mitigation measures associated with those activities that would be undertaken pursuant to and in furtherance of The Platinum Triangle Expansion Project. Mitigation Monitoring Plan No. 152 includes mitigation measures from MMMP 106B that aze applicable to the proposed project. Therefore, FSEIR No. 334, together with Mitigation Monitoring Plan No. 152, are adequate to serve as the required environmental documentation for this proposal and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepazed for the proposed project actions: NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby approve Conditional Use Permit No. 2007-05284, upon the following conditions which aze hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim: No. Conditions of Approval Responsible for Monitoring TIMING: PRIOR TO ISSUANCE OFBUILDINGPERMIT& 1 That plans shall indicate compliance with the building setbacks Planning identified in Exhibit Nos. 2 through 7 of Final Site Plan No. 2007- 000014. GENERAL CONDITIONS 2 ' Thatisubject property shall be developed substantially in accordance Planning with Developmenf Agreement No: 2007-00006, and as conditioned herein.• 3 That this conditional use permit shall be valid fora eriod of time Planning -2- PC2008-* coinciding with the timing set forth in Development Agreement No. 2007-00006. 4 That approval of this application constitutes approval of the Planning proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regazding any other applicable ordinance, regulation or re uirement. BE IT RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant'sbompliance 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. AND BE IT FURTHER RESOLVED that the property owner/developer is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits, whichever occurs first. Failure to pay all 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 May 12, 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 -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 May 12, 2008, by the following vote of the members thereof: r1YES: COMMISSIONERS: NOES: COMMISSIONERS:. ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day o£ X008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2008-* J m w w 0 U w Q rn _1...... _I 0 i~ 300 ree Subject Property Conditional Use Permit (Vo. 2007-05284 Tentative Tract Map No. 1724 Development Agreement No. 2007-00006 Miscellaneous No. 2008-00246 2100 East Avenue Source: Recorded Tract Maps and/or Ciry GIS. Please note the accuracy is +/- two to five Feet. ~osaz ORANGEWOOD AVE ® ~aa~:ps w Q ry / °~ Q ® , ,,;; , ., 'v ' O. C `~ ~ • a 0 9 ~ , ~~~ + o r o m ~ ~s N ~ t ~ st S k ''S 4 t ~ fi ~ ~~ 557:5'8' ', 0 II e 8 B a ~>oxa~T~ aTTacxlvi<ErrT N®. s RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION RECOMMENDING CITY COUNCIL DETERMINING THAT PREVIOUSLY-CERTIFIED FINAL SUSEQUENT ENVIRONMENTAL IMPACT REPORT NO. 334 IS APPROPRIATE TO SERVE AS THE ENVIRONMENTAL DOCUMENT FOR THE PROJECT. AND RECOMMENDING CITY COUNCIL APPROVAL OF DEVELOPMENT AGREEMENT N0.2007-00006 BY AND. BETWEEN THE CITY OF ANAHEIM AND ROBERT WELLS FAMILY PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP, AND TWEDT FAMILY PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP, AS TENANTS-IN COMMON, AND TCRSC DEVELOPMENT LIMITED PARTNERSHIP, A TEXAS LIMITED PARTNERSHIP (2100 EAST ORANGEWOOD AVENUE) WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7 (commencing with Section 65864) of the Government Code of the State of California (hereinafter the "Statute") authorizes a city to enter into a contract which is called a development agreement in order to establish with certainty what regulations will govern the construction of a development; and WHEREAS, the City of Anaheim (hereinafter the "City"); as a charter city, heretofore enacted Ordinance No. 4377 (hereinafter the "Enabling Ordinance") on November 23, 1982, making the City subject to the Statute; and WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the City. heretofore on November 23, 1982, adopted Resolution No. 82R-565 (hereinafter the "Procedures. Resolution") establishing procedures and requirements for the consideration of development. agreements upon receipt of an application by the City; and.. WHEREAS, on May 25, 2004, the Anaheim City CounciPapproved General Plan Amendment No. 2004-00419 setting forth the City's vision for development of the City of Anaheim ("The Platinum Triangle"), and certified Final Environmental Impact Report No: 330; adopting Findings of Fact and a Statement of Overriding Considerations; and associated Mitigation Monitoring Plans ("FEIR No. 330"), in conjunction with its consideration and approval of the General Plan Amendment, amendment of the City's zoning code, and a series of related actions; and WHEREAS, the General Plan sets forth a vision for development of Mixed Uses, Office High, Office Low, Industrial and Institutional land uses within an approximately 820-acre azea generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south,. the Santa Ana Freeway (Interstate 5) on the west, and the Southern California Edison Company Easement on the north ("The Platinum Triangle"); and WHEREAS, in order to carry out the goals and policies of the General Plan for The Platinum Triangle, on August 17, 2004, the City Council adopted Resolution No. 2004-177, -1- PC2008- approving The Platinum Triangle Master Land Use Plan, setting forth the new vision for The Platinum Triangle; and WHEREAS, to further implement the goals and policies of the General Plan for The Platinum Triangle and pursuant to the procedures set forth in Chapter 18.76 of the Anaheim Municipal Code, on August 24, 2004, the City Council adopted Ordinance No. 5935 amending Title 18 of the Anaheim Municipal Code to establish zoning and development standards for the Platinum Triangle Mixed Use (PTMU) Overlay Zone (the "PTMU Overlay Zone") and Ordinance No. 5936, amending the zoning map to reclassify approximately three hundred and seventy-five acres within The Platinum Triangle into the PTMU Overlay Zone as depicted in The Platinum Triangle Master Land Use Plan to provide opportunities for high quality, well-designed development projects that could be stand-alone projects, or combined residential and non-residential uses including office, retail, business services, personal services; public spaces and uses, and other community amenities within the azea; and' WHEREAS, the PTMU Overlay Zone requires a Development Agreement between the property owner and the City of Anaheim to implement all development in the Katella, Gene Autry, Gateway and Orangewood Districts of the PTMU Overlay Zone, except as otherwise exempt under Code; and WHEREAS, on August 17, 2004, the City Council adopted Resolution No. 2004- 179, approving the form of the Standard Development Agreement for the PTMU Overlay Zone; and WHEREAS, on October 25, 2005, the City Council certified Final Subsequent Environmental Impact Report No. 332 (FSEIR No. 332) and the Updated and Modified Mitigation Monitoring Program No. 106A in connection with its consideration of General Plan Amendment No. 2004-00420, Zoning Code Amendment No. 2004-00036, Miscellaneous Case No. 2004-00089 to amend The Platinum Triangle Master Land Use Plan, Miscellaneous Case No. 2005-00114 to amend The Platinum Triangle Standazdized Development Agreement, Miscellaneous Case No. 2005-00115 to rescind, in part, the Resolution of Intent pertaining to reclassification of the North Net Training Center site and Reclassification No: 2004-00134; and WHEREAS, on Apri18, 2008, the City Council certified Final Subsequent Environmental Impact Report No. 2006-00334 (FSEIR No. 334) and the Updated and Modified Mitigation Monitoring Program No. 106B in connection with its consideration of General Plan Amendment No. 2007-00454, Amendment to the Platinum Triangle Master Land Use Plan Miscellaneous Case No. 2006-00188, Zoning Code Amendment No. 2007-00056, Zoning Reclassification No.2007-00196, Amendment to the Platinum Triangle Standardized Development Agreement Form Miscellaneous Case No. 2007-00203 and Water Supply Assessment'. Miscellaneous Case No. 2007-00218; and WHEREAS, on October 16, 2007, pursuant to the Statute, the Enabling Ordinance, and the Procedures Resolution (hereinafter collectively referred to as the "Development Agreement Law"), TCRSC Development Limited Partnership, representing the Robert Wells Family Partnership and Twedt Family Partnership (hereinafter "Applicant"), submitted an application to the Planning Department for approval of Development Agreement No. 2007-00006 (hereinafter the -2- PC2008-*** "Application"), which included a proposed development agreement (hereinafrer the "Development Agreement") prepazed in conformance with the Standazd Development Agreement for The Platinum Triangle to vest certain project entitlements and address the implementation of the Alexan Orangewood Project; and WHEREAS, in conjunction with the Development Agreement, the Applicant also requested approval of Conditional Use Permit No. 2007-05284, Tentative Tract Map No. 17241 and Miscellaneous Case No. 2008-00246; and WHEREAS, the Development Agreement pertains to approximately 6.93 acres of real property in the City of Anaheim, owned by the Applicant, commonly known as 2100 East. Orangewood Avenue, as more particulazly shown on Exhibit A, attached hereto and incorporated herein by this reference, which is located in The Platinum Triangle and within the Industrial (I) zone and the Gateway District of the PTMU Overlay;. and WHEREAS, the Applicant desires to develop the property with a 689-unit residential project, as more particulazly set forth in Exhibit "B" of the Development Agreement (the "Final Site Plan"), Conditional Use Permit No. 2007-05284, and Tentative Tract Map No. 17241 (hereinafrer collectively referred to as the "Alexan Orangewood Project"); WHEREAS, on May 7; 2008, the Planning Director approved Final Site Plan No. 2007-00014 to provide for the development of the Alexan Orangewood Project, contingent upon the approval of Development Agreement No. 2007-00006, Conditional Use Permit No. 2007-05284 and Tentative Tract Map No. 17241; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 12, 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 Development. Agreement and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Applicant has demonstrated that the Project meets the eligibility requirements of the Procedures Resolution to enter into the Development Agreement by showing that, upon completion, the Project will result in the.. construction of a residential project containing 689 residential apartments and or condominiums within a period of not more than five (5) years; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of and based upon all of the evidence and reports offered at said hearing, does find and determine that the Development Agreement meets the following standards set forth in the Procedures Resolution: 1. That the Project is consistent with the City's General Plan in that it is in conformance with the General Plan Mixed Use land use designation and with the goals, policies and objectives for The Platinum Triangle as set forth in the General Plan. -3- PC2008-*** 2. That the Project is compatible with the uses authorized in and the regulations. prescribed for the applicable zoning district in that the Project is in compliance with the PTMU Overlay Zone requirements as set forth in the Final Site Plan, Conditional Use Permit 2007-05284- and Tentative Tract Map No. 17241. 3. That the Project is compatible with the orderly development of property in the surrounding area in that it is in conformance with and implements The Platinum Triangle Master Land Use Plan and the PTMU Overlay Zone requirements. 4: That the Project is not otherwise detrimental to the health and safety of the citizens of the City of Anaheim. 5. That the Development Agreement constitutes a lawful, present exercise of the City's police power and authority under the Statute, the Enabling Ordinance and the Procedures Resolution. 6. That the Development Agreement is entered into pursuant to and in compliance with its charter powers and the requirements of Section 65867 of the Statute, the Enabling Ordinance and the Procedures Resolution. 7. That *** indicated their presence at said public heazing in opposition; and that *** correspondence was received in opposition to the subject petition. WHEREAS, the City Council certified Final Subsequent Environmental Impact Report No. 334 in connection with The Platinum Triangle Expansion Project in Apri12008. The Council also approved a Statement of Findings and Fact and Overriding Considerations and the Updated and Modified Mitigation Monitoring Program No. 106B (MMMP 106) in conjunction with the Final SEIR. The Final SEIR addressed the environmental impacts and mitigation measures. associated with those activities that would be undertaken pursuant to and in furtherance of The Platinum Triangle Expansion Project. Mitigation Monitoring Plan No. 152 includes mitigation measures from MMMP No. 106B that aze applicable to the proposed project. Therefore, FSEIR No. 334, together with Mitigation Monitoring Plan No. 152, are adequate to serve as the required environmental documentation for this proposal and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepazed for the proposed project actions. NOW, THEREFORE, BE IT RESOLVED that based upon the aforesaid findings and determinations, the Anaheim Planning Commission does hereby recommend to the City Council the approval of the Application and the Development Agreement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 12, 2008. CHAIRMAN, ANAHEIM PLANNING COMMISSION -4- PC2008-*** 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 May 12, 2008, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -5- PC2008-*** J m W W J J U W H Q ovm.emssQ a so aao ke Subject Property Conditional Use Permit No. 2007-05284 Tentative Tract Map No. 1724 Development Agreement No. 2007-00006 Miscellaneous fVo. 2008-00246 2100 East Avertue Source: Recorded Tract Maps and/or Clly GIS. Please note the accuracy is +/-two to rive feet. 10532 ORANGEWOOD AVE 9 407,:06 ~ W ~ > 0 ~' ~ ~~ ~ f ~ ~ a ~ ~ "< a ~ r a Z F u ~ .; O O ' d ~ ~ 8 ti I N fl 6 r=r -" 9 v ~r." ~ o r i m " a t r ® N 5~ 5 s` ~ ° ~ ~ ~ r ~ ~~ n ~` ` ® ~ 557 58' ', B a e ° .m..m..®..m..m..m..m..m,.®..®..m,.m..m..m..m..m.. t ~, 0 [~ ~T~ ATTAC I~NT N®, 6 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT PREVIOUSLY-CERTIFIED FINAL SUBSEQUENT: ENVIRONMENTAL IMPACT REPORT NO. 334 IS APPROPRIATE TO SERVE.... AS THE ENVIRONMENTAL DOCUMENT FOR THE PROJECT AND APPROVING TENTATIVE TRACT MAP NO. 17241 (2100 EAST ORANGEWOOD AVENUE} WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Tentative Tract Map for certain real property situated in The Platinum Triangle area of the City of Anaheim, County of Orange, State of California, shown on Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, Tentative Tract Map No. 17241 is proposed to establish afour-lot 689- unit airspace residential condominium subdivision; and WHEREAS, Tentative Tract Map No. 17241 is proposed in connection with. Conditional Use Permit No. 2007-05284, Development Agreement No. 2007-00006 and Miscellaneous Case No. 2008-00246; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 12, 2008, at 2:30 p.m„ notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to heaz and consider evidence for and against said proposed project actions, including Tentative Tract Map No. 17241, 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 fmd and determine the following facts: 1. That the proposed tentative tract map, including its design and improvements, is consistent with ttae Anaheim General Plan and The Platinum Triangle Master Land Use Plan. 2. That the site is physically suitable for the proposed type of development at the proposed density and therefore, would not cause public health or safety problems or environmental damage. 3. That *** indicated their presence at said public hearing in opposition; and that *** letters were received in opposition to the subject petition. WHEREAS, the City Council certified Final Subsequent Environmental Impact Report No. 334 in connection with The Platinum Triangle Expansion Project in Apri12008. The Council also approved a Statement of Findings and Fact and Overriding Considerations and the Updated and Modified Mitigation Monitoring Program No. 106B (MMMP No. 106) in conjunction with the Final SEIR. The Final SEIR addressed the environmental impacts and mitigation measures -1- PC2008-*** associated with those activities that would be undertaken pursuant to and in furtherance of The Platinum Triangle Expansion Project. Mitigation Monitoring Plan No. 152 includes mitigation measures from the MMMP No. 106B that is applicable to the proposed project. Therefore, FSEIR _ No. 334, together with Mitigation Monitoring Plan No. 152, aze adequate to serve as the required environmental documentation for this proposal and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for the proposed project actions. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby approve Tentative Tract Map No. 17241 to permit a four-lot (one lettered lot and three numbered lots) residential condominium subdivision upon the following conditions which aze hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfaze of the Citizens of the City of Anaheim: No. Conditions of Approval Responsible for (MM means Mitigation Measure) Monitoring 3 y' l N $ryl 7 ~Ta'y~(k E? ~a~ 33 X 4' `Ir. 5. 5 ? ' ~'+ • 5 Sf _A `s ~f~{f~~/T ~If1a1+Y, v ~ ' .>~j, ~ 'f .[^ ~F ~`R.?/.~ .c~ ~u..iA^ S a" `vf i ~' P ~~ l~~~~r~~ ~.a~~~~ ~ v`.5 / y. ~ "/ `Y. P+ ~ rt A.6 F 9 ~;'' Y .y E " { ' ~ ' ~ ~ j y 5 rr. ..4"'l. .. ~ . ~ v.S.Jid~ rx a`vid. v. ..ice .. .. 4'' F ..nG': .v rv FH } - That street names for new private streets shall be reviewed and approved. 1 Buildin g That the property owner/developer shall be responsible for ensuring that all 2 existing structures within the boundaries of the Final Tract Map shall be demolished. The property owner/developer shall obtain a demolition permit from the Building Division of the Planning Department. Plans Building submitted for the demolition permit shall include a demolition recycling plan which shall be reviewed and approved by the Public Works PW -Sanitation 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. That the Final Tract Map shall encompass the entire 6.93-acre project site 3 and shall include irrevocable offers of dedication, including necessary construction easements and easements for street, public utility and other public purposes, for the ultimate right-of--way improvements for the arterial highways along Orangewood Avenue. Irrevocable offers of dedication shall be made prior to recordation of the Final Tract Map. PW - Dev Svcs That the property owner/developer shall submit mass grading, street, 4 sewer, stone drain and landscape (including street tree) improvement plans pW _ Dev Svcs for the public improvements along Orangewood Avenue prepazed to the satisfaction of the City Engineer. -2- PC2008-*** No. Conditions of Approval Responsible for (MM means Mitigation Measure) Monitoring 5 That improvement bonds shall be posted in amounts approved by the Gity PW -Dev Svcs Engineer and a form approved by the City Attorney prior to approval of the Final Tract Map. 6 That the property owner/developer shall post a bond to the City for all required sewer improvements/upgrades, including the removal of any pW -Dev Svcs abandoned lines and/or off site improvements. ~ That the property owner/developer shall execute a Subdivision Agreement, in a form approved by the City Attorney, to complete the required public improvements at the property owner/developer's expense. Said agreement PW -Dev Svcs shall be approved by the City Attorney and City Engineer and then recorded concurrently with the Final Tract Map. That the property owner/developer shall submit a maintenance covenant 8 (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 as identified in Exhibit "E", "Development Requirements pW _Dev Svcs and Maintenance Obligations" of the Development Agreement, including compliance with an approved Water Quality Management Plan, provisions for maintenance of all special surface improvements within the public right-of--way, and a maintenance exhibit showing the boundaries. of the maintenance azea. 9 That the property owner/developer shall pay the current City of Anaheim PW -Dev Svcs Arterial Highway beautification/aesthefics impact fee. 10 That the current City of Anaheim Platinum Triangle Drainage Impact Fee PW _Dev Svcs shall be paid.. 11 Prior to approval of a final subdivision map or issuance of a grading or building permit, whichever occurs first, the City Engineer shall review the location of each project to determine if it is located within an azea served (MM 3-3) by deficient drainage facilities, as identified in The Platinum Triangle Drainage Study. If the project will increase storm-water flows beyond those programmed in the appropriate master plan drainage study for the azea or if the project currently dischazges to an existing deficient storm drain system or will create a deficiency in an existing storm drain, the property owner/developer shall be required to guarantee mitigation of the pW _Dev Svcs impact to adequately serve the azea to the satisfaction of the City Engineer and City Attorney's Office. The property owner/developer shall be required to install the drainage facilities, as required by the City Engineer to mitigate the im acts of the ro osed develo went based u on the -3- PC2008-*** No. Conditions of Approval (MM means Mitigation Measure) Responsible for Monitoring Development Mitigation within Benefit Zones (Appendix E of The Platinum Triangle Drainage Study), prior to acceptance for maintenance of. public improvements by the City or final Building and Zoning inspection for the building/ structure, whichever occurs first. Additionally, the property owner/developer shall participate in the Infrastructure Improvement (Fee) Program, if adopted for the Project Area, as determined by the City Engineer, which could include fees, credits. reimbursements, construction, or a combination thereof. 1~ The City Engineer shall review the location of each project to determine if it is located within an area served by deficient sewer facilities, as identified in The Platinum Triangle Sewer Study. If the project will increase sewer (MM 10-1) flows beyond those programmed in the appropriate master plan sewer study for the area or if the project currently discharges to an existing deficient sewer system or will create a deficiency in an existing sewer line, the property owner/developer shall be required to guazantee mitigation of the impact to adequately serve the area to the satisfaction of the City Engineer and City Attorney's Office. The properly owner/developer shall be required to install the sanitary sewer facilities, as required by the City pW _ Dev Svcs Engineer, to mitigate the impacts of the proposed development based upon the Benefit Pazcels and Development Mitigation (Appendix D of The Platinum Triangle Sewer Study), prior to acceptance for maintenance of public improvements by the City or final Building and Zoning inspection for the building/structure, whichever occurs first. Prior to approval of a final subdivision map or issuance of a grading or building permit for each development project, whichever occurs fast, the property owner/developer shall be required to install the sanitary sewer facilities, as required by the City Engineer, to mitigate the impacts of the proposed development based upon the latest updated sewer study for The Platinum Triangle. Additionally, the property owner/developer shall participate in the Infrastructure Improvement (Fee) Program, if adopted for the project area, as determined by the City Engineer, which could include fees, credits, reimbursements, construction, or a combination thereof. -4- PC2008-*** Prior to approval of a fmal subdivision map, the property owner/developer 13 shall cpntact Orange County Sanitation District (OCSD) regazdmg sewer capacity. Additionally, if requested by the OCSD, the property PW -Sanitation (_MM 10-~ j owner/developer shall place up to three flow monitoring devices for up to a month to verify capacity and ensure consistency with the OCSD's modeling results. That the property owner/developer shall post a bond guaranteeing that all 14 traffic related street improvements shall be completed prior to final PW -Traffic building and zoning inspecfion, including, but not limited to, directional_ signage, striping, and median islands. I S That vehiculaz access rights to Orangewood Avenue, except at street pW _Dev Svcs intersections, shall be released and relinquished to the City of Anaheim. 16 Prior to approval of the fmal subdivision map, the property - owner/developer shall irrevocably. offer for dedication (with subordination of easements), including necessary construction easements, the ultimate PW -Dev Svcs (MM 9-5) arterial highway right(s)-of--way adjacent to their property as shown in the Circulation Element of the Anaheim General Plan and consistent with the adopted Platinum Triangle Master Plan. I ~ That the property owner/developer shall post a bond to the City for the under-grounding of all overhead electrical utility structures located on the property. All improvements/under-grounding shall be completed to Electrical coincide with the level of development that would require this improvement, to the satisfaction of floe Anaheim Public Utilities Department and other utility companies. 18 The Final Tract Map shall indicate that any existing City of Anaheim public utilities easements that conflict with potential building footprints Electrical shall be abandoned. -5- PC2008-* * * CBE1V~ItA~ ` " % 19 That this Tentative Tract Map No. 17241 is granted expressly conditioned Planning upon approval of Development Agreement No. 2007-00006. ~0 That this Tentative Tract Map, shall be valid for a period of time coinciding with the timing set forth in Development Agreement No. 2007-00006, which planning provides for the Alexan Orangewood project to be developed within five (5) years from the date of adoption of the Development Agreement. 21 That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City; State and Federal regulations: Approval does Planning not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance; regulation or requirement. ~2 That timing for compliance vvith conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the planning 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: 23 That extensions for further time to complete conditions of approval may be Planning granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declazed invalid or unenforceable by the fmal judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all chazges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the approval of the final map for this project, whichever occurs first. Failure to pay all 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 May 12, 2008. Said resolution is .subject to the appeal provisions set forth in Chapter -6- PC2008-* 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on May 12, 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 -7- PC2008 *** m w w J J (] U lL N Q F- 1.... o So tao ree Sub}ect Property Conditional Use Permit fVo. 2007-05284 Tentative Tract Map No. 1724 Development Agreement Rlo. 2007-00006 Miscellaneous No. 2008-00246 ORANGEWOOD AVE 6 487?06 ~ W 0 tN" ~ ` A ~ ~E N Q ~ et ~f ~ 0 ~ yk ® ~ `" r ~~ '` ~ t f s ~ c u r o xx• ~ ~ ~ 6 t Y ~ N 5 ~ u / £ ~ 21s R ~ S, g <, e ~ 5s~sri, g 0 II 0 6 ii e ~ema~mumum umomumsem emu m~em~~mumumum umu ~~ ' Source: Recorded Tract Mapsandlor City GIS. Please note the acwracy is +/-hvo to five feet. 2100 East Orangewood Avenue 10532 ~ ~.TTA~~IIIV~~1~'~' fV®, 7 This Extension Agreement is entered into as of the _ day of , 2008, by and between the City of Anaheim; a charter city and municipal corporation, duly organized and existing under the Constitution'and laws of the State of California (the "City") and the Robert Wells Family Partnership, a California limited partnership ("Wells"), and the Twedt Family Partnership, a California limited partnership ("Twedt"), each as to a fifty percent (50%) interest, as tenants-in-common and TCRSC Development Limited Partnership ("TCRSC") Wells, Twedt, and TCRSC shall be referred to collectively within this Extension Agreement as "Owner." The City and Owner shall be referred to jointly within this Extension Agreement as the "Parties." RECITALS This Extension Agreement is based upon the following: A. On , 2008 (the "Adoption Date"), the City Council of City approved an ordinance (the "Ordinance") adopting Development Agreement No. 2007-00006 (the "Development Agreement"). Pursuant to the Ordinance, the City and Owner will sign the Development Agreement. B. The Ordinance was adopted pursuant to the Development Agreement Statute, Sections 65864, et seq., of the California Government Code. The Development Agreement Statute provides, among other things, that a development agreement shall be recorded no later than ten days after it is entered into by a city or a county. See Government Code §65868.5. C. The Development Agreement pertains to property located at 2100 East. Orangewood Avenue in the City and consisting of approximately 6.93 acres within the Gateway District of the City's Platinum Triangle area (the "Property"). TCRSC, rather than Wells and/or Twedt, is the intended developer of the. Property pursuant to the Development Agreement. D. On the Adoption Date, Wells and Twedt owned the Property in fee and TCRSC possessed an equitable interest in the Property. It is the intent of Wells and Twedt to convey fee title to the Property to TCRSC within the next twelve months pursuant to an existing purchase and sale agreement, E. Due to uncertainties in the economy, resultant changes in the conditions precedent to the financing of the acquisition of real property (including requirements related to F. the certainty and completeness of entitlements and permits}, and threatened litigation against City actions related to the development of the Property, TCRSC requires additional time after the Adoption Date to complete the necessary steps to complete acquisition of the Property. G. The Property is included within the City's Community Facilities District No. 08-1 (the "District"). Pursuant to the resolutions establishing the District, the Property will be subject to a significantly increased Maximum Special Tax Rate upon the signing of the Development Agreement. H. The Parties agree that if the Maximum Special Tax Rate were to be applied to the Property before completion of the acquisition of the Property by TCRSC, then Wells and Twedt would be subject to the unintended consequence of substantially increased taxes even though their status remains that of a landowner, rather than that of a developer.. I. Therefore, the Parties are entering into this Extension Agreement to allow the completion of the steps needed to complete the acquisition of the Property by TCRSC, while at the same time avoiding unintended adverse financial consequences to Wells and Twedt. AGREEflflERtT The Parties agree as follows: Extension of Time forSipning. The Development Agreement may be signed, at the election of Owner, at any time up to and including March 31, 2009 (the "First Extension"). 2. Extension Fee. As consideration for the First Extension, before the Adoption Date, TCRSC delivered to City an extension fee (the "First Extension Fee") of One Hundred Thousand Dollars ($100,000). The City will hold the First Extension Fee in trust or escrow until its disposition has been determined according to the provisions of this Extension Agreement. 3. Partial Refund Upon Signincs. If Owner has signed the Development Agreement on or before March 31, 2009, then City shall return one-half ($50,000) of the First Extension Fee to TCRSC within sixty (60) days after Owner's signing. The remaining half of the First Extension Fee {$50,000) shall be retained by the City. 4. Failure to Sign Development Agreement by flliarch 31. 2009. If the Development Agreemeht is not signed by Owner on or before March 31, 2009, the City will retain the entire Extension Fee ($100,000). 5. Second Extension of Time for Signing. The time for signing the Development Agreement may be further extended if, at any time on or before March 31, 2009, Owner provides City with written notice of its intent to further extend the time for signing the Development Agreement to March 31, 2010 (the "Second Extension"). Owner's notice must be accompanied by payment of an additional extension fee (the "Second Extension Fee") of $100,000. The Second Extension does not relieve Owner of the forfeiture of the entire First Extension Fee as set forth In Paragraph 4 above. 6. Litigation. All time requirements set forth within this Extension Agreement, including those related to the First Extension and the Second Extension, shall be tolled from the date of filing of any litigation or administrative proceeding challenging any approval, entitlement, or other action of the City specifically relating to the proposed project and the "Development Approvals" (as defined in the Development Agreement) granted in connection therewith until all such approvals are final and no longer subject to judicial or administrative review (the "Tolling Period"). Any timef~ames or dates established by this Extension Agreement shall be tolled for a period of time equal to the length of the Tolling Period. 7. Consequences for Failure to Sign by March 39, 2090. If the Development Agreement is not signed by Owner on or before March 31, 2010, and there is no further' extension as provided above: The City will retain the entire Second Extension Fee; and b. The City will be entitled to liquidated damages as provided in the Developme~a Agreement; and c. The Development Agreement will be deemed forfeited by Owner; and d. The City may initiate such proceedings as it deems necessary to formalize termination of the Development Agreement. Cooperation 6n the Event of Legal Challenge. In the event of any legal action instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement, the Development Agreement, and/or the "Development Approvals" (as defined in the Development Agreement), the Parties agree to cooperate fully with each other in defending any such action. Owner shall be liable for all legal expenses and costs incurred in defending any such action. Owner shall be entitled to choose legal counsel to defend against any such legal action and shall pay any attorneys' fees awarded against City or Owner, or both, resulting from any such legal action. Owner shall be entitled to any award of attorneys' fees arising out of any such legal action. 9. Change in Ownership When TCRSC completes its acquisition of the Property and becomes fee owner, TCRSC shall be deemed "Owner" under this Extension Agreement, and Wells and Twedt shall no longer be considered as included within the term "Owner." After change in ownership, the City and TCRSC shall expeditiously process an amendment to the Development Agreement in the manner required by law to reflect in that agreement the change in ownership. Upon acquisition of the Property, TCRSC shall provide the City with a new title report confirming its fee ownership. 10. Success®rs and Assigns. This Extension Agreement shall be binding upon and inure to the benefit of the successors, assigns, and heirs of the Parties. 11. Entire Agreement. This Extension Agreement contains the entire agreement of the Parties with respect to the extension of the signing of the Development. Agreement. There are no promises or understandings between the Parties.. regarding that extension which .are not set forth within this Extension Agreement. 12. Alotiees. Any notice provided in connection with this Extension Agreement shall be addressed and delivered in the same manner as provided for notice in the Development Agreement. "OWNER" ROBERT WELLS FAMILY PARTNERSHIP, a California limited partnership By: Name: Title: „OWIVER° TWEDT FAMILY PARTNERSHIP, a California limited partnership By: Name: Title: 4 "OWNER" TCSRSC DEVELOPMENT LIMITED PARTNERSHIP, a Texas limited partnership By: Name: Title: "CITY" CITY OF ANAHEIM, a municipal corporation By: MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM APPROVED AS TO FORM: JACK L. WHITE, CITY ATTORNEY By: 5