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PC 2008/06/23• Call To Order H: \TOOS \PC Admin \PC Agendas \(062308).doc Anaheim Planning Commission Agenda Monday, June 23. 2008 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California Chairman: Kelly Buffa Chairman Pro - Tempore: Joseph Karaki Commissioners: Peter Agarwal, Gail Eastman, Stephen Faessel, Panky Romero, Pat Velasquez • Preliminary Plan Review 1:00 P.M. • Staff update to Commission on various City developments and issues (As requested by Planning Commission) • Preliminary Plan Review for items on the June 23, 2008 agenda For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. Any writinas or documents provided to a maiority of the Plannina Commission regarding any item on this aaenda (other than writinas legally exempt from public disclosure) will be made available for public inspection in the Plannina Department located at City Hall. 200 S. Anaheim Boulevard. Anaheim. California. durina reaular business hours. • Recess To Public Hearing • Reconvene To Public Hearing 2:30 P.M. • Pledge Of Allegiance • Appreciation Plaque Presented to Commissioner Pat Velasquez • Public Comments • Consent Calendar • Public Hearing Items • Commission Updates: • Adjournment You may leave a message for the Planning Commission using the following e -mail address: olanninacommission(a anaheim.net Reports and Recommendations ITEM NO. 1A Anaheim Planning Commission Agenda - 2:30 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim Planning Commission or public comments on agenda items with the exception of public hearing items. Consent Calendar: The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and /or removed from the Consent Calendar for separate action. CEQA CLASS 1 CATEGORICAL EXEMPTION AND CONDITIONAL USE PERMIT NO. 2007 -05189 (Tracking No. CUP2008- 053281. Owner: Michael Daskalakis 300 North Wilshire Avenue Anaheim, CA 92801 Applicant: Theodoros Daskalakis P.O. Box 3880 Anaheim, CA 92803 Location: 2401 West Lincoln Avenue: Property is approximately 0.53 -acre, located at the northwest corner of Lincoln Avenue, and Gilbert Street, having approximate frontages of 127 feet on the north side of Lincoln Avenue and 120 feet on the west side of Gilbert Street Request for review of final elevations plans to comply with conditions of approval for a previously- approved commercial retail center. Motion Project Planner: Scott Koehm SKoehm @anaheim.net 06/23/08 Page 2of11 ITEM NO. 1B SUBSEQUENT EIR NO. 334 (PREVIOUSLY - CERTIFIED). Motion AND REQUEST FOR INITIATION OF AN AMENDMENT TO THE PLATINUM TRIANGLE MASTER LAND USE PLAN (Tracking No. MIS2008- 002551 AND THE PLATINUM TRIANGLE MIXED USE OVERLAY ZONE (ZCA NO. 2008 - 000681 Applicant: New Urban West Inc. 1733 Ocean Avenue Suite 350 Santa Monica, CA 90401 Location: The Platinum Triangle: Property encompasses approximately 820 acres located at the confluence of the Interstate 5 Freeway and the SR -57 Freeway, west of the Santa Ana River channel, south of the Southern California Edison easement, and north of the Anaheim City limit. Request for Planning Commission initiation of applications to consider an amendment to The Platinum Triangle to transfer 68,000 square feet of commercial space and 119,000 square feet of office space from The Platinum Triangle, Gateway District (Subarea A) to the Gene Autry District (Subarea B) in connection with a proposed amendment to the Experience at Gene Autry Way project. ITEM NO. 1C CEQA MITIGATED NEGATIVE DECLARATION (PREVIOUSLY — APPROVED). CONDITIONAL USE PERMIT NO. 2007 - 05241 (Tracking No. CUP2008- 053281 Owner: Karcher Partners 1200 North Harbor Boulevard Anaheim, CA 92801 Applicant: DMJM Design 999 Town and Country Road Orange, CA 92868 Location: 1325 North Anaheim Boulevard Request a determination of substantial conformance with previously- approved colored renderings. Project Planner: Scott Koehm SKoehm @anaheim.net Motion Project Planner: Kimberly Wong Kwong2 @anaheim.net 06/23/08 Page 3 of 11 Minutes ITEM NO. ID Receiving and approving the Minutes from the Planning Commission Meeting of May 28, 2008. NOTE: Meeting minutes have been provided to the Planning Commission and are available for review at the Planning Department. Motion 06/23/08 Page 4 of 11 Public Hearina Items: ITEM NO. 2 CEQA NEGATIVE DECLARATION AND CONDITIONAL USE PERMIT NO. 2008 -05326 WITH A WAIVER OF CODE REQUIREMENTS Owner: Caruthers Properties 2107 Yacht Mischief Newport Beach, CA 92660 Applicant: Anaheim Redevelopment Agency 201 South Anaheim Boulevard, Suite 1003 Anaheim, CA 92805 Location: 502 - 524 East Julianna Street: Property is approximately 1.68 acres, located at the southeast corner of Julianna Street and Sabina Street. Request to permit a towing service and impound yard with the washing of towing vehicles and a waiver of minimum number of required parking spaces. ITEM NO. 3 CEQA NEGATIVE DECLARATION AND Resolution No. TENTATIVE PARCEL MAP NO. 2007 -232 Owner: North Anaheim Associates 3185 Pullman Avenue Costa Mesa, CA 92626 Applicant: BKM Development 3185 Pullman Avenue Costa Mesa, CA 92626 Location: Assessor Parcel No. 035 - 010 -80: Property is approximately 4.61 acres, having a frontage of 131 feet on the west side of Patt Street and 229 feet on the west side of Kemp Street approximately 452 feet north of the centerline of La Palma Avenue. Request to establish a 3 -lot industrial subdivision. Resolution No. Project Planner: Kimberly Wong Kwong2 @anaheim.net Project Planner: Kimberly Wong Kwong2 @anaheim.net 06/23/08 Page 5 of 11 ITEM NO. 4 CEQA CATEGORICAL EXEMPTION. CLASS 1. AND Resolution No. CONDITIONAL USE PERMIT NO. 2008 -05324 Owner: Lawrence A Greco P. O. Box 473 Kihei, HI 96753 Applicant: Dick Evitt 5905 Winncliff Drive Riverside, CA 92509 Location: 1695 West Lincoln Avenue: Property is approximately 0.44- acres, having a frontage of 143 feet on the north side of Lincoln Avenue and is located approximately 100 feet east of the centerline of Euclid Street. Request to permit the retail sales and installation of automobile wheels, tires, window tinting, audio systems and auto detailing and upholstery. ITEM NO. 5 CEQA NEGATIVE DECLARATION (PREVIOUSLY- APPROVED)AND AMENDMENT TO CONDITIONAL USE PERMIT NO. 4033 (Trackino No. CUP2008- 053181 Owner: Kindred Community Church 8712 East Santa Ana Canyon Road Anaheim, CA 92808 Applicant: Terry Jacobson J7 Architecture, Inc. 1470 Jamboree Road, Suite 200 Newport Beach, CA 92660 Location: 8712 East Santa Ana Canyon Road: Property is approximately 37 acres, having a frontage of 155 feet on the south side of Santa Ana Canyon Road approximately 3,759 feet west of the centerline of Gypsum Canyon Road. Request to amend exhibits for a previously- approved church to add three modular units for Sunday school classrooms. Project Planner: Diane Bathgate dbathgate@anaheim.net Resolution No. Project Planner: Elaine Thienprasiddhi ethien @anaheim.net 06/23/08 Page 6 of 11 ITEM NO. 6 CEQA EIR NO. 189 ADDENDUM TO KOLL ANAHEIM CENTER (PREVIOUSLY - CERTIFIED) AND TENTATIVE TRACT MAP NO. 17251 Owner: Mike Mcguirk CIM Group 6922 Hollywood Boulevard, 9th Floor Los Angeles, CA 90028 Location: 203 South Anaheim Boulevard. 290 South Lemon Street. and 180 West Center Street (Parcels Al — A3 within Downtown Anaheim): Property is approximately 2.5 acres and is located at the southwest corner of Anaheim Boulevard and Center Street Promenade, with frontages of 173 feet on the west side of Anaheim Boulevard, 429 feet on the north side of Broadway, and 283 feet on the south side of Center Street Promenade. Requests to establish a 14 -lot (1- lettered and 13- numbered) airspace subdivision for an existing mixed use project. ITEM NO. 7 CEQA CATEGORICAL EXEMPTION, CLASS 1. AND Resolution No. REQUEST FOR DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2008 -00044 Owner: Wayne Morganthaler 32 Sidney Bay Drive Newport Coast, CA 92657 -2105 Applicant: Trac Bao Gong Bui and Van Le Dinh 511 West Chapman Avenue Anaheim, CA 92802 Location: 511 West Chapman Avenue: Property is approximately 1.7 acres and is located 324 feet east of Harbor Boulevard, with a frontage of 373 feet on the north side of Chapman Avenue (Orange Mini Market). Request to exchange an existing Type 20 ABC beer and wine license to a Type 21 ABC license allowing beer, wine, and distilled spirits for off - premises consumption as an accessory use to its primary operation as a convenience market. Resolution No. Project Planner: David See dsee @anaheim.net Project Planner: David See dsee @anaheim.net 06/23/08 Page 7 of 11 ITEM NO. 8 CEQA DETERMINATION: SECTION 21080 PUBLIC Motion RESOURCES CODE EXEMPTION AND ZONING CODE AMENDMENT NO. 2008 -00067 Applicant: Planning Department City of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92805 Location: Citywide This is a request initiated by the City of Anaheim Planning Department to amend a section of Title 7 (Morals and Conduct) and various sections of Title 18 (Zoning) of the Anaheim Municipal Code as follows: Title 7 - to amend Chapter 7.24 (Handbills) by adding language related to the distribution of handbills at public venues; Title 18 - to amend Chapter 18.38 (Supplemental Use Regulations) by adding special event provisions for The Platinum Triangle, to clarify existing citywide special event provisions and to amend provisions related to the establishment of carnivals and circuses; to amend Chapter 18.10 (Industrial Zone) to clarify permitted outdoor activities; to amend Chapter 18.04 (Single - Family Residential Zones) to amend various sections pertaining to permitted encroachments for accessory uses /structures; and to amend Chapter 18.52 (Density Bonus) pertaining to application review to provide consistency with recent changes in project processing procedures. Request for continuance to August 4, 2008 Project Planner: Vanessa Norwood vnorwood@anaheim.net 06/23/08 Page 8 of 11 ITEM NO. 9 CEQA MITIGATED NEGATIVE DECLARATION (PREVIOUSLY- APPROVED) AND RECLASSIFICATION NO. 2008 -00217 Applicant: Planning Department City of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92808 Location: 8300 — 8306 East La Palma Avenue: Property is approximately 3.7 acres, located at the southeast corner of La Palma Avenue and Weir Canyon Road having frontages of 776 feet on the south side of La Palma Avenue and 321 feet on the east side of Weir Canyon Road. This is a request initiated by the City of Anaheim Planning Department to reclassify the western 1.95 -acre portion of subject property from the CG (SC) (General Commercial, Scenic Corridor Overlay) zone, to the OS (SC) (Open Space, Scenic Corridor Overlay) zone. Resolution No. Project Planner: Vanessa Norwood vnorwood@anaheim.net Adjourn to Monday, July 7, 2008 at 1:30 P.M. for Preliminary Plan Review 06/23/08 Page 9 of 11 SCHEDULE 2008 July 7 July 21 (No items scheduled — Meeting cancelled) August 4 August 18 September 3 (Wed.) September 15 September 29 October 13 October 27 November 10 November 24 December 8 December 22 (Cancelled) 1 06/23/08 Page 11 of 11 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: .10:00 a.m. June 19, 2008 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits and Variances will be final 22 days after Planning Commission action and any action regarding Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM PLANNING COMMISSION In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (714) 765 -5139. Notification no later than 10:00 a.m. on the Friday before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Recorded decision information is available 24 hours a day by calling the Planning Department's Automated Telephone System at 714 - 765 -5139. 06/23/08 Page 10 of 11 ooP'~80EZ90)\sepua6y ~dW!wPtl Od\SOOl\~H ;au•w!ayeuepuo!ss!wwoo u!uue! ssa~ppe!iew-a 6wmopo; ay; 6u!sn uo!ssiwwo0 6uiuue~d ay; ~o; a6essew a anew ~(ew nod ;uawu~nofpy sa~epd~ uolsslwwo~ swa;~ 6ulaeaH o~lgpd ~epuale~ }uasuo~ s;uawwo~ ollgnd aouel6allH d0 a6Pald 'dll'd OE~Z 6ul~eaH ollgnd of auanuooaa 6ul~eaH ollgnd of ssaoay epua6e g00Z 'EZ aun[• ay; uo swa}l ~o~ nna!na>j ueld tieulwlla~d (uolsslwwo~ 6wuueld ~(q pa~sanba~ sy) sanssl pue s}uawdolanap ~!~ snouen uo uo!ss!wwo~ o; a;epdn }}e~S . 'W'd OO~L nnalnay veld Raeulwl~aad . ~ap~p of ilea zanbsela~ fed 'aawo!_l ~(~{ued 'lassae~ uayda~S 'uew~se~ lleJ 'lenm.!e6y ~a}ad :s~auo!ss!wwo~ l~leae~{ ydaso[• :aaodwal-o~d uewa!ey~ e~}n8 ~lla}l :uew~le4~ e!wo~lle~ 'w!ayeuy p~ena~no8 wlayeuy y~noS OOZ IIeH ~!~ `aagwey~ l!ouno~ sooz Ez aunr ~~uo ~i ~ ~ ~ •~Leja~oas ay; o;;i;iwgns pue aouenpe ui p~eo ~a~eads a a;a~dwoo asea~d 'spua6e aye uo wa1! ~(ue 6uip~e6a~;uawa;els a a~/ew o~ ys~m no~f /! 'sasod~nd 6u~daa~ p~ooa~ ao~ Anaheim Planning Commission Agenda - 2:30 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim Planning Commission or public comments on agenda items with the exception of public hearing items. Consent Calendar: The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the .motion unless members of the Planning Commission, staff or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. Resorts and Recommendations ITEM NO. 1 A CEOA CLASS 1 CATEGORICAL EXEMPTION AND Motion CONDITIONAL USE PERMIT NO. 2007-05189 ~Trackina No. CUP2008-053281 Owner: Michael Daskalakis 300 North Wilshire Avenue Anaheim, CA 92801 Applicant: Theodoros Daskalakis P.O. Box 3880 Anaheim, CA 92803 Location: 2401 West Lincoln Avenue: Property is approximately 0.53-acre, located at the northwest corner of Lincoln Avenue, and Gilbert Street, having approximate frontages of 127 feet on the north side of Lincoln Avenue and 120 feet on the west side of Gilbert Street Request for review of final elevations plans to comply with Projecr Pianner.• conditions of approval for apreviously-approved commercial Scott Koenm retail Center. SKoehm@anaheim.net 06/23/08 Page 2 of 11 ITEM NO. 1 B Applicant: New Urban West Inc. 1733 Ocean Avenue Suite 350 Santa Monica, CA 90401 Location: The Platinum Triangle: Property encompasses approximately 820 acres located at the confluence of the Interstate 5 Freeway and the SR-57 Freeway, west of the Santa Ana River channel, south of the Southern California Edison easement, and north of the Anaheim Ciry limit. Request for Planning Commission initiation of applications to consider an amendment to The Platinum Triangle to transfer 68,000 square feet of commercial space and 119,000 square feet of office space from The Platinum Triangle, Gateway District (Subarea A) to the Gene Autry District (Subarea B) in connection with a proposed amendment to the Experience at Gene Autry Way project. ITEM NO. 1 C CEOA MITIGATED NEGATIVE DECLARATION (PREVIOUSLY -APPROVED) CONDITIONAL USE PERMIT NO. 2007-05241 (Tracking No. CUP2008-05328) Owner: Karcher Partners 1200 North Harbor Boulevard Anaheim, CA 92801 Applicant: DMJM Design 999 Town and Country Road Orange, CA 92868 Location: 1325 North Anaheim Boulevard Request a determination of substantial conformance with previously-approved colored renderings. Motion Project Planner: Scott Koehm SKoehm ®anaheim.net Motion Project Planner: Kimberly Wong KWOng2C~Janaheim.net 06/23/08 Page 3 of 11 inut ITEM NO. 1 D Receiving and approving the Minutes from the Planning Commission Meeting of May 28, 2008. P1OTE: Meeting minutes have been provided to the Planning Commission and are available for review at the Planning Department. Motion 06/23/08 Page 4 of 11 Public liearino Items: ITEM N0.2 Owner: Caruthers Properties 2107 Yacht Mischief Newport Beach, CA 92660 Applicant: Anaheim Redevelopment Agency 201 South Anaheim Boulevard, Suite 1003 Anaheim, CA 92805 Location: 502 - 524 East Julianna Street: Property is approximately 1.68 acres, located at the southeast corner of Julianna Street and Sabina Street. Request to permit a towing service and impound yard with the washing of towing vehicles and a waiver of minimum number of required parking spaces. .ITEM NO.3 CEQA NEGATIVE DECLARATION AND TENTATIVE PARCEL MAP NO. 2007-232 Owner: North Anaheim Associates 3185 Pullman Avenue Costa Mesa, CA 92626 Applicant: BKM Development 3185 Pullman Avenue Costa Mesa, CA 92626 Location: Assessor Parcel No. 035-010-80: Property is approximately 4.61 acres, having a frontage of 131 feet on the west side of Patt Street and 229 feet on the west side of Kemp Street approximately 452 feet north of the centerline of La Palma Avenue. Request to establish a 3-lot industrial subdivision. Resolution No. Project Planner: Kimberly Wong Kwong2 ®anaheim.net Resolution No. Project Planner. Kimberly Wong Kwong2 @anaheim. net 06/23/08 Page 5 of 11 ITEM NO. 4 Owner: Lawrence A Greco P. O. Box 473 Kihe, HI 96753 Applicant: Dick Evitt 5905 Winncliff Drive Riverside, CA 92509 Location: 1695 West Lincoln Avenue: Property is approximately 0.44-acres, having a frontage of 143 feet on the north side of Lincoln Avenue and is located approximately 100 feet east of the centerline of Euclid Street. Request to permit the retail sales and installation of automobile wheels, tires, window tinting, audio systems and auto detailing and upholstery. ITEM NO.5 Owner:: Kindred Community Church 8712 East Santa Ana Canyon Road Anaheim, CA 92808 Applicant: Terry Jacobson J7 Architecture, Inc. 1470 Jamboree Road, Suite 200 Newport Beach, CA 92660 Location: 8712 East Santa Ana Canyon Road: Property is approximately 37 acres, having a frontage of 155 feet on the south side of Santa Ana Canyon Road approximately 3,759 feet west of the centerline of Gypsum Canyon Road. Request to amend exhibits for apreviously-approved church to add three .modular units for Sunday school classrooms. Resolution No. Project Planner. Diane Bathgate dbathgate (~?anaheim. net Resolution No. Project Planner: Elaine Thienprasiddhi ethien ®anaheim.net 06/23/08 Page 6 of 11 ITEM NO. 6 TENTATIVE TRACT MAP NO. 17251 Owner: Mike Mcguirk CIM Group 6922 Hollywood Boulevard, 9th Floor Los Angeles, CA 90028 Location: 203 South Anaheim Boulevard, 290 South Lemon Street, and 180 West Center Street (Parcels Al - A3 within Downtown Anaheim): Property is approximately 2.5 acres and is located at the southwest corner of Anaheim Boulevard and Center Street Promenade, with frontages of 173 feet on the west side of Anaheim Boulevard, 429 feet on the north side of Broadway, and 283 feet on the south side of Center Street Promenade. Requests to establish a 14-lot (1-lettered and 13- numbered) airspace subdivision for an existing mixed use project. ITEM NO.7 Owner: Wayne Morganthaler 32 Sidney Bay Drive Newport Coast, CA 92657-2105 Applicant: Trac Bao Cong Bui and Van Le Dinh 511 West Chapman Avenue Anaheim, CA 92802 Location: 511 West Chapman Avenue: Property is approximately 1.7 acres and is located 324 feet east of Harbor Boulevard, with a frontage of 373 feet on the north side of Chapman Avenue (Orange Mini Market). Request to exchange an existing Type 20 ABC beer and wine license to a Type 21 ABC license allowing beer, wine, and distilled spirits for off-premises consumption as an accessory use to its primary operation as a convenience market. Resolution No. Project Planner. David See dseeC~?anaheim.net Resolution No. Project Planner: David See dsee @anaheim. net 06/23/08 Page 7 of 11 ITEM NO. 8 CEQA DETERMINATION: SECTION 21080 PUBLFC RESOURCES CODE EXEMPTION AND ZONING CODE AMENDMENT NO. 2008-00067 Applicant: Planning Department City of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92805 Location: Citywide This is a request initiated by the City of Anaheim Planning Department to amend a section of Title 7 (Morals and Conduct) and various sections of Title 18 (Zoning) of the Anaheim Municipal Code as follows: Title 7 - to amend Chapter 7.24 (Handbills) by adding language related to the distribution of handbills at public venues; Title 18 - to amend Chapter 18.38 (Supplemental Use Regulations) by adding special event provisions for The Platinum Triangle, to clarify existing citywide special event provisions and to amend provisions related to the establishment of carnivals and circuses; to amend Chapter 18.10 (Industrial Zone) to clarify permitted outdoor activities; to amend Chapter 18.04 (Single-Family Residential Zones) to amend various sections pertaining to permitted encroachments for accessory uses/structures; and to amend Chapter 18.52 (Density Bonus) pertaining to application review to provide consistency with recent changes in project processing procedures. Motion Request for continuance to August 4, 2008 Project Planner. Vanessa Norwood vnonvoodC~?anaheim.net 06/23/08 Page 8 of 11 ITEM NO. 9 CEOA MITIGATED NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) AND RECLASSIFICATION NO. 2008-00217 Applicant: Planning Department City of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92808 Location: 8300 - 8306 East La Palma Avenue: Property is approximately 3.7 acres, located at the southeast corner of La Palma Avenue and Weir Canyon Road having frontages of 776 feet on the south side of La Palma Avenue and 321 feet on the east side of Weir Canyon Road. This is a request initiated by the City of Anaheim Planning Department to reclassify the western 1.95-acre portion of subject property from the CG (SC) (General Commercial, Scenic Corridor Overlay) zone, to the OS (SC) (Open Space, Scenic Corridor Overlay) zone. Project Planner. Vanessa Norwood vnorwood ~anaheim. net Adjourn to Monday, August 4, 2008 at 1:00 P.M. for Preliminary Plan Review (No items scheduled for the July 7 and July 21, 2008 Meetings) 06/23/08 Page 9 of 11 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 10:00 a.m. June 19, 2008.. (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: (Original Signed by Grace Medina) 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. 06/23/06 Page 10 of 11 SCHEDULE 2008 July 7 No items scheduled -Meeting cancelled) July 21 No items scheduled - Meetin cancelled August 4 August 18 September 3 (Wed.) September 15 September 29 October 13 October 27 November 10 November 24 December 8 December 22 (Cancelled) osizsioa Page 11 of 11 T SAVANNA HIGH SCHOOL U CUP ~ W 3390 W ~ K ~ r ~ RM-4 CASA BONITA RM-3 m APARTMENTS 2 DU J 71 DU RM-4 ~ CASA BELINDA APARTMENTS T APTS. 91 DU 9DU LL T CG - - . - _ - ..... . ~Wa~ ~ LL Q N p"C' APTS RM-9 . - _ -~ SMALL SHpPS 5DU ~ 5DU U SIERRA WEST ~ ~ p-G e APARTMENTS ¢ G~""`-"I. PEPPERTREE ~ APTS a0 APTS 60 DU T - ftCL 73745 0 ON LINCOLN ~ 5DU z 5DU MORTUAR '. acL S3-sa-t3s~ ~ W CUP 20W-05189' ~ Q l cuP ZSez ~ VACAf~II ~ T q pU 4 DU ,_ 4 ~127'~ LINCOLN AVENUE LEVEL AVENUE CHAIN AVE June 23, 2008 Subject Property Conditional Use Permit No. 2007-05189 2401 West Lincoln Avenue e _.¢ ~~ Q W~ w CflE6CENTAVE ~ ~W. LINCOLN 2 m VE WLINCOLN AVE w, aflan 0wnv = ~ -1 ! 1 1~1 0 1 1 ~ , ° o I ,1~ m 1 10559 June 23, 2008 Subject Property Conditional Use Permit No. 2007-05189 2401 West Lincoln Avenue ~osss ~~ Aadal Pholo: ry=~ Jury 2006 AT1'AC][~MENI' NO.1 PLANNING COMMISSION AGENDA REPORT City of Anaheim PLANNING DEPARTMENT DATE:. APRIL 28, 2008 FROM: PLANNING SERVICES MANAGER SUBJECT: CONDITIONAL USE PERMIT NO. 2007-05189 LOCATION: 2401 West Lincoln Avenue APPLICANT/PROPERTY OWNER: The applicant is Theodoros Daskalakis and the property owner is Michael Daslcalakis. REQUEST: The applicant requests approval to permit a commercial retail center with a landscape setback adjacent to Gilbert Street that is less than required by Code. RECOMMENDATYON: Staff recommends the Planning Commission adopt the attached resolution, approdurg a Class 1 Categorical Exemption and Conditional Use Permit No. 2007-05189. BACKGROUND: This property is currently developed with a vacant building formerly used for service station and convenience market uses and is coned General Commercial (C-G). The General Plan designates this property and properties to the north, east and west for Low-Medium Density Residential land uses. The properties to the south across Lincoln Avenue are designated for Low Density Office and Low Density Residential land uses. PROPOSAL: The applicant is requesting approval for a commercial retail center with an 8-foot wide landscape setback adjacent to Gilbert Streetwhere e 10-foot wide setback is required by Code. The property was previously developed with a service station and 2,135 square foot convenience store. The applicant is proposing to remodel the building and add an additional 2,774 square feet for a total of 4,909 square feet in 4 retail units. Although tenants have not yet been secured, the.. applicant has indicated that the businesses will likely be retail uses such as electronics retailers, food services, clothing stores, etc. The businesses are anticipated to be open 7 days a week, with typical hours of 9 a.m. to 6 p.m. ANALYSIS: Code permits commercial retail centers in the General Commercial zone subject to the approval of a conditional use permit. The following includes an analysis of the proposed request. 200 S. Anahelm alvd. Suite #162 Anahelm, CA 92665 Tel: (714) 765-5139 Fax; p14) 765-5260 www.anaheim.net CONDITIONAL USE PERMIT N0.2007-05189 Apri128, 2008 Pegc 2 of 2 Building Architecture: The applicant has submitted elevations indicating a mix of modem and ` Greek Revival azchitecture. The building walls consist of a tiled base, stucco wall with small accent box elements and a cornice trim. The entrances aze designed with Greek-themed porticos with Doric columns and tile-roofed pediments. While the building is articulated with a finished look for each elevation, staff has concerns with the mix of architectural styles. Staff recommends a condition of approval requiring the plans to be reviewed by the City's azclitectural consultant and resubmitted to Commission for review as a Report and Recommendation item prior to issuance of a building permit. During the pre-application period, staff recommended that the project be reviewed by the City's architectural consultant; however, the applicant declined. Minimum Landscape Setback: The property is just over one-half of an acre in size. The applicant requests a reduction of the required landscape setback along Gilbert Street from ten to eight feet in order to provide the Code required driveway width between the existing building and the parking lot. Staff believes that there is justification for this reduction due to the small size of the property and the location of the existing building. Further, the design of the parking lot is constrained by the short distance between the on-site driveways and the street intersection and the design and configuration of existing driveways on commercial properties to the north and west of the site. In addition, there aze other commercial properties in the vicinity with landscape setbacks less than required by code. The property on the northeast comer of Gilbert Street and Lincoln Avenue has a landscaped setback of approximately nine feet where ten feet is required by Code and two properties on the south side of Lincoln Avenue have 10-foot setbacks where 15 feet setbacks are required by Code. CONCLUSION: There aze no outstanding code violations on this property. The proposed commercial retail center is compatible with the surrounding commercial and residential uses in that it will provide convenient light retail uses, and the required amount of pazking is provided on-site. Staff believes that with the proposed conditions of approval, the use would not be detrimental to the area and recommends approval of the application. Respectfully submitted, ~~d ~~f~ Principal Planner Attachments: 1. Project Summary 2, Draft Resolution 3. Letter of Operation Concun•ed by, ~ ~jL Planning Services Manager The following attachments were provided to the Planning Commission and aze available for public review at the Planning Services Division at City I-Iatl. 4. Site Photographs 5. Plans ATTACI3MENT NO. 1 PROJECT SUMMARY Conditional Use Permit No. 2007-05189 `~Da~eloltment proposed Proleef C-G"~ong5tanrlard.4 ~._ ~- ~ Site Area 0.5 acres N/A Building Setbacks Adjacent to 35 feet 10 feet Gilbert Street Adjacent to 86 feet I S feet Lincoln Avenue Interior None None Landscaped Setbacks Adjacent to 8 feet 10 feet Gilbert Street Adjacent to 15 feet 15 feet Lincoln Avenue Buildin Hei t 23 feet 75 feet maximum 27 spaces required based upon 5.5 spaces per 1,000 Pazking 27 spaces provided squaze feet for retail uses and food services with 10 seats or less A'I'TAC~dI~N'I' Al®. 2 RESOLUTION NO. PC2008-50 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CATEGORICAL EXEMPTION, SECTION 15303, CLASS 1 (EXISTING FACILITIES) AND APPROVING CONDITIONAL USE PERMIT N0.2007-05189 (2401 WEST LINCOLN AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, 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 April 28, 2008, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. The proposed use to permit a wmmercial retail center is properly one for which a conditional use permit is permitted under authority of Code Section No. 18.08.030,040.0402 (Commercial Retail Centers) with waiver of the following provision: SECTION NO. 18.08.060.010.0101 Minimum landscape setbacks: [I D feet required; 8 feet proposed) 2. Special circumstances apply to the subject property because of the unique size of this property in wmpazison with surrounding commercial lots, the desire to retain the current retail building, and the limited locations of driveway placement in proximity to the street intersection at Lincoln Avenue and Gilbert Street. A 10 foot setback adjacent to Gilbert Street would limit the development on the subject properiydue to-the small size ofthe property as compazed to other commercial properties in the.neighborhood. 3. Strict application of the Zoning Code would deprive the property of privileges enjoyed by other properties with identical zoning in the vicinity as there aze other commercial properties with setbacks adjacent to Gilbert Street and Lincoln Avenue in the vicinity with landscaped setbacks less than what is required by Code. 4. The proposed commercial retail center, as conditioned herein, would not adversely affect the adjoining ]and uses and the growth and development of the azea in which it _1_ ._ _.... ._. _. PC2008~50 _.._.. is proposed to be located because the retail establislm~ents to be provided aze of a neighborhood retail variety and should operate seamlessly within the residential neighborhood. 5. The size and shape of the site for the commercial retail center is adequate to.allow the full development of the proposed use in a manner not detrimental to the particulaz azea or to the health and safety. ' 6. 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 no one 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 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 approve subject Petition for Conditional Use Pennit, upon the following conditions which aze hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the Citizens of the City of Anahehn: Responsible No. Conditions of Approval for Monitorin TIzYWG P.~1tIDR.TOTS.~77f1NCEDFAB.UILDING.PERMIT'l)R I3'l7HIN.9PERID7).OF ' O7~'E (I) Y~'At FROM"TIiE DATE O~'TH~S RESOZUTIDIV AHICHEVER OGC.URS FfILSZ' . 1 That final detailed elevation plans including colors and Planning materials shall be submitted for review by City staff and provided to the Planning Commission as a "Reports and Recommendations" itern. 2 Lighting of parking lots, driveway, circulation areas, aisles, Planning passageways, recesses and grounds contiguous to buildings shall be provided with lighting ofsufficient 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. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window azeas of the adjacent residential ro erties. Said information shall be s ecificall _ _ _.. __ _~_ PG2008-50 - shown on plans submitted for building permits. 3 Four-foot high street address numbers shall be displayed on the Planning roof of the building in a color that contrasts with the roof material. The numbers shall not be visible from the streets or adjacent properties. Said information shall be specifically shovcm on Tans submitted for buildin ermits. 4 Fire lanes shall be posted with "No Pazking Any Time." Said Planning information shall be specifically shown on plans submitted for buildin ennits. 5 Any new roof-mounted equipment shall be screened from view Planning in accordance with the requirements of Anaheim Municipal Code Section 18.38.170 pertaining to the C-G (General Commercial) Zone. Said information shall be specifically shown on lens submitted for buildin ermits. 6 A bond shall be posted in an amount approved by the City public Engineer and a form approved by the City Attorney prior to Works issuance of a building pemut. A Right of Way Construction Permit shall be obtained from the Public Works Department/Develogment Services for all work performed in the ri t-of-wa . 7 A performance bond shall be posted to guarantee installation of public right-of--way improvements in an amount approved by the City Wotks Engineer and a form approved by the City Attorney. A Right of Way Construction Permit shall be obtained from the Public Works Deparhnent/Development Services for all work performed in the right-of--way. The improvements shall be constructed prior to certificate of occu anc . 8 The property owner shall irevocably offer to dedicate to the Ciry Public of Anaheim an easement 42- feet in width (10-feet total r/w Works behind curb is required, therefore a 2 foot additional dedication from existingright-of--way is necessary) from the centerline of Gilbert Street for road, public utilities and other public purposes. Comer cut-off dedication is required at intersection of Gilbert Street and Lincoln Avenue. 9 A reciprocal access and maintenance agreement for the shared public driveway shall be executed and recorded with the County of Works Orange. 10 Plans shall be submitted showing stop control for the western Public most access to the shared driveway. A stop sign shall be Works installed and stop legend shall be painted on the driveway in the westbound direction at the shazed drivewa intersection. __ ._: _. _ . .. _3__.-._ _.... _. _. _....PG2008-50 _ TIMING: PRIOR TO ISSUA?\'CB OF AGRADING PERMIT 11 A final Water Quality Management Plan shall be submitted to public the Public Works Department for review and approval. Works TIMING: l'RdO R ~'O F'IN~L BIIILDINGAND ZONING dNSPECTIQN 12 The applicant shall demonstrate the following: Public • That all structural BMPs described in the Project WQMP Works have been constructed and installed in conformance with approved plans and specifications. • That the applicant is prepared to implement all non- structural BMPsdescribed in the Project WQMP • That an adequate number of copies of the approved Project WQMP aze available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 13 Remove the existing easterly most driveway approach on Lincoln Public Avenue and replace with curb, gutter and sidewalk. An ADA Works compliant curb access ramp with truncated domes shall be constructed at Lincoln Ave and Gilbert Street in conformance with Public Works Standard Detail 111-3. 14 An Emergency Listing Card, Form APD-281 shall be Police completed and submitted in a completed form to the Anaheim Police Department. 15 Complete aBurglary/Robbery Alarm Permit application, Form Police APD 516, and return it to the Police Deparhnent prior to initial alarm activation. GENERAL C1~1VDI~D11'S - ~ ~ ~ " 16 That all trash generated from the facility shall be properly Planning contained in trash bins located within approved trash enclosures. The number ofbins shall be adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. 17 The subject property shall be developed substantially in planning accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 3, and as conditioned herein. 18 Timing for compliance with conditions of approval may be Plannuig amended by the Plamung Director upon a showing of good cause rovided i e uivalent timin is established that safisfies __. _ _4_.:. _ _ .. PC2008-50- the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 19 Extensions for further time to complete conditions of approval Planning may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 20 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, regulafion or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all chazges related to the processing of this discretionary case application within 15 days of the issuance of the 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 requited permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of Apri128, 2008. Said zesolution 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 Resolufion in the event of an appeal. CHAIRMA)QJANAHEIM ~~/ANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleaztor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on Apri128, 2008, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, ICARAI{I, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this _~-~ day of ~~y , 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION _._ _6- _ __ ..PC2008-50 LEVEL AVENUE Fcel =~'~= Subject Property w w w m J Conditional Use Permit No. 2007-05189 ' a W, LREBCENi qVF - I q 8 8 i ~ W. LINC0.NgVF W.IINLOLN AVE W. BRBgpWgY a Ye , ~ g r-7 e ~ ) g i .' ~ LINCOLN AVENUE Source: Recorded Tracl Mapa and/w City GIS. Please note the accuracy le +/- two to five feel. Itern No. 1 B WAY r y GENE AUTRY WAV X92 \ 9 9Z9 TP mF, 9 L GENE AUTRY WAY Q a °u W Q __ ORANGEWOOD AVENUE ® m ® o ® v~ 1 0 June 23, 2008 Subject Property Miscellaneous Permit No. 2008-00255 Zoning Code Amendment No. 2008-00068 The Platinum Triangle ti 10558 I~ E W URBAr,N WEST B h! C 7733 OCEAN A V E N U E SUITE 350 S A N T A M O N I C A CALIFORNIA 9 0 4 0 1 TELEPHONE 310.394.3379 FACSIMILE 310.394.6672 NUWI.COM A'T'TACTI[I~I~1~1T I~1®. 1 Tune 12, 2008 Scott Koehm Associate Planner City of Anaheim 200 S. Anaheim Blvd., Suite 162 Anaheim, CA 92805 Re: The Experience at Gene Autry Way Project (1969 South State College Boulevard) - Platinum Triangle Master Land Use Plan, Platinum Triangle Mixed ><7se Overlay Zone, and Development Agreement: DAG2006-00004 Amendment Request, Dear Mr. Koehm: The Experience at Gene Autry Way was originally approved by Anaheim City Council on August 21, 2007, and included 1,208 residential dwelling units, 50,000 squaze feet of commerciaUretail uses, 100,000 squaze feet of office uses and 1.8 acres of public parks on the 17.6-acre site. This request is to secure development rights for an additional 119,000 squaze feet of office uses and 68,000 square feet of commercial uses above the amounts currently permitted within the Gene Autry District for the proj ect. This letter serves as a forznal request to the Planning Commission to initiate an application to allow the transfer of 119,000 sq. ft. of office and 68,000 squaze feet of retail from Sub-Area A of the Gateway District to Sub-Area B of the Gene Autry District. With these additions, The Experience in total would include up to 1,208 residential units, 219,000 square feet of office uses, 118,000 square feet of commerciaUretail uses and 1.8 acres of public parks on the 17.6- acre site.. If you have any questions, please contact me at 310-394-3379 or tomz@nuwi.com. Sincerely, Tom Zani~ New Urban West, Inc. Senior Vice President A'T'~'AC~VIE1~1'T ICI®. 2 eo0 o ® ° ®~e e° ®°~~ e° eo® ® ~° eye ~~ 6~o~ ~ ~ ~f Anaheim, CA ~7- CITY OF ANAHEIM Planning GIS February 29,2998 - -F.._.~ `, •~~ , ~; `,~: 4. ~ ~ti~ ` •:;. ~~ `b.' ATTA C~fiEI~1T I~1®. 3 GATEWAY IDISTRICT (SITE-AREA A) AIVID GE1VE AiJ'TRY DISTRICT (SETH-AREA A) REMAl1~G I)Et7EL®PNIENT ®PP®RTIJIVITIES SiJNiMARY C13ART IDistrict Permitted Eldstin A roved Remannin Gene Autry 100,000 s.ff. office (Industrial buildings 100,000 s.f. office n/a (Sub-Area A) to be demolished in 50,000 s.f. commercial connection with 50,060 s.f. commercial project) 1 OS du 1,205 du Gateway 657,250 s.f. office 3714,000 s.f office 273,250 s.f. office (Sub-Area B) 120,000 s.f. commercial 120,000 s.f. commercial 4371 du 4373 du _---__~ ~ r-------~ 0 n ~, zI ~ I J K Q J W J m W S Q VACANT ~ RIVERSIDE FREEWAY 1 PARKING LOT I ~ I KINSBURBKYINC BATTERY RECYCLING FaclurV I ALLIEG BUILDING PRGGUCTS Q GG 24 HOUR FITNESS June 23, 2008 Subject Property Conditional Use Permit No. 2007-05241 Tracking No. CUP 2008-05328 1325 North Anaheim Boulevard ~oss~ June 23, 2008 Subject Property Conditional Use Permit No. 2007-05241 Tracking Rlo. CUP 2008-05328 1325 North Anaheim Boulevard 10557 c sr iw ALL PROPERTIES ARE IN THE COMMERCIAL/INOUSTRIAL (NORTH CENTRAL AREA) REDEVELOPMENT AREA Aerial Photo: Fr•: .I~du Anna a ATTACHMENT NO. 1 ITEM NO. 7 PLANNING COMMISSION AGENDA REPORT 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92005 Tel: (714)765-5139 Fax: (714)765-5260 www.anaheim.net City of Anaheim PLANNING DEPARTMENT DATE: SEPTEMBER 17, 200? FROM: PLANNING DIRECTOR SUBJECT: RECLASSIFICATION NO. NO. 2007-00209 CONDITIONAL USE PERMIT NO. 2007-05241 LOCATION: 1325 North Anaheim Boulevard and 401 Carl Karcher Way. APPLICANT/PROPERTY OWNER: DMJM Design / Karcher Partners, CLP. REQUEST: The applicant proposes to reclassify the subject property from the General Commercial (C-G) and Transition (T) zones to the Industrial (I) zone. The proposal also includes a request for a conditional use permit to construct an office building. The applicant proposes parking and vehicular accessways within the required landscaped setback adjacent to Anaheim Boulevard and the SR-91 Freeway. RECOMMENDATION: Staff recommends that the Commission take the following action: (a) By motion, continue the hearing to the October 15, 2007, Planning Commission meeting to :allow the applicant to revise the proposed elevations. BACKGROUND: The existing building has been demolished. The property is located in the General Commercial (C-G), Transition (T) and Industrial (I) zones. The General Plan designates this property and properties to the .south, east and west for Industrial land uses. The Riverside Freeway (SR-91) is located to the north of the property. The property is located within the Merged Redevelopment Area. PROPOSAL: The applicant proposes to construct a 3-story, 93,360 square foot professional office building. The building is intended to become the corporate headquarters for Carl Karcher Enterprises (CKE). Please refer to the project summary chart attached to the staff report for project details (Attachment No. 1). ANALYSIS: The proposed office building complies with code with the exception of the two requested waivers relating to setbacks. To create a parcel with consistent zoning, the applicant requests to change the zoning of the property. This change will implement the existing General Plan land use designation of Industrial.. This site is very visible to the Riverside Freeway and is a part of the gateway into the City. Staff has concerns with the proposed architecture of the building especially because of its location. Staff has provided the following analysis and recommendations. RCCLASSIFiCATION NO. 2007-00209 CONDITIONAL USG PERMIT NO. ?007-052#1 September 17,?007 Page 2 of 3 issue: Proposed Industrial Zoning The property is located in three (3) zones. The applicant requests to change the zoning of the property to the Industrial (I) zone to create one consistent zone for the development. The proposed zoning would implement the General Plan designation of Industrial for the property. The proposed zoning is also compatible with the zoning of properties to the south, east, and west. The Industrial (I) zone permits offices subject to approval of a conditional use permit. This proposed building would be the headquarters for the company and would serve the administrative needs of the company. Issue: Waiver of minimum landscaped setback adjacent to Anaheim Boulevard Code requires a twenty (20) foot landscape setback adjacent to Anaheim Boulevard, but the applicant proposes a fifteen (15) foot setback. In order to reduce the required setback, the Commission must find that the code deprives the property of privileges enjoyed by other properties in the vicinity or there are special circumstances that apply to just that property. The properly is unique because it is irregularly shaped with frontages on two (2) public rights-of--way. These characteristics significantly limit the amount of usable land area which further limits the ability to provide the minimum setbacks, required parking, and adequate circulation. The property to the south has an existing landscape setback of 10 feet. A 10 foot setback would be consistent along this portion of Anaheim Boulevard. Considering the special circumstances affecting this property and privileges enjoyed by similarly-zoned properties in the area, staff recommends approval of this waiver. Issue: Waiver of minimum landscaped setback adjacent to the Riverside Freeway (SR-91) Code requires a fifteen (1 S) foot landscape setback adjacent to the SR-91 Freeway. The applicant proposes a landscape setback ranging from ten (10) to fifty-nine (59) feet. The portion of the property adjacent to the SR-91 Freeway has an irregular shape. The widest portion of the landscape planter is adjacent to the freeway on-ramp where it will be most visible. The portions of the landscape planter that are only 10 feet wide are adjacent to freeway right-of--way which has landscaping ranging from sixty (60) to seventy (70) feet. The landscape plan provides more trees than required by code and a mixture of landscape plants to compensate for the reduction in depth. Due to the irregular shape of this property, and its proximity to a landscaped freeway, the intent of the code is satisfied, so staff recommends approval of this waiver. Issue: Building Architecture RECLASSiPICATiON NO. 2007-00209 CONDITIONAL USE P£RMiT NO. 2007-05241 September 17, 2007 Pagc 3 of 3 Staff has concerns over the proposed architecture given this property's highly visible location. Staff believes it is extremely important for the building to be well articulated in a manner that is consistent with the Community Design Element of the General Plan. It is important for the building to be designed to include a visible main entrance, a complementary range of building colors and materials, breaks in the vertical and horizontal building lines, and treatment of the roof screen to be better incorporated with the design of the building. The City's consulting architect concurs with staff s concerns and has provided some recommendations to alleviate these issues. These recommendations have been provided to the applicant, but they could not be addressed in time for this meeting. Staff is supportive of this request to construct an office building. The proposed building would be compatible with adjacent land uses in the area. However, staff does not believe that the proposed elevations will enhance the surrounding neighborhood. This is a very prominent corner of the City and is highly visible to vehicular traffic along the freeway. Therefore, staff recommends a continuance of the hearing for the applicant to redesign the elevations. The applicant believes the proposed elevations incorporates a variety of colors and the incorporation of horizontal and vertical reveals help to break-up the horizontal mass of the building. The applicant would like to move forward with this request and defer any outstanding elevation issues to staff for review and approval. Respectfully submitted, Concurred by, Acting Principal Planner Planning Director Attachments: 1. Project Summary 2. Justification of Waiver Form 3. Draft conditions 4. Mitigation Monitoring Plan A'TT'ACHMENT No. a PlaorECT suMMAR~ RECLASSIFICATI®N No. 2007-00209 ]Deyelo menf Standard Pro osed Pro'ect I Zone' Standards Site Area 5.4 Acres N/A Parkin 373 s aces 373 s aces° Landscaping Setback Adjacent to Anaheim 15-59* feet 20 feet Adjacent to SR-91 10-38* feet 15 feet Interior 10 feet 0 feet Building Setback Adjacent to Anaheim 93-128 feet 50 feet Adjacent to SR-91 78 feet 25 feet Interior. 64 feet 0 feet Floor Area Ratio .39 N/A Buildin Hei ht 55 feet 100 feet *Waiver requested. ITEM NO. i-B PLANNING COMMISSION AGENDA City of Anaheim PLANNING DEPARTMENT DATE: OCTOBER 29, 2007 FROM: PLANNING SERVICES MANAGER SUBJECT: CONDITIONAL USE PERMIT NO. 2007-05241 (Tracking No. CUP2007-05265) LOCATION: 1325 North Anaheim Boulevard and 401 Carl Karcher Way. APPLICANT/PROPERTYQWNER: The applicant is DMJM Design and the property owner is Karcher Partners, CLP. REQUEST: The applicant requests review of final elevation plans to comply with conditions of approval for apreviously-approved office building. RECOMMENDATION: Staff recommends that the Commission take the following actions: (a) By motion, determine that the previously-approved Mitigated Negative Declaration is the appropriate environmental determination. (b) By motion, approve the final elevation plans for Conditional Use Permit No. 2007-05241. BACKGROUND: The existing building has been demolished. The property is located in the General Commercial (C-G), Transition (T) and Industrial (I) zones. The General Plan designates this properly and properties to the south, east and west for Industrial land uses. The Riverside Freeway (SR-91) is located to the north of the property. The properly is located within the Merged Redevelopment Area. Reclassification No. 2007-00209 and Conditional Use Permit No. 2007-05241, to change the zoning of the property to the Industrial (I) zone and to construct a 3-story office building was approved by the Planning Commission on September 17, 2007. The first reading of the change of zone is scheduled for consideration by the City Council in November. Resolution No. PC2007-111, adopted in conjunction with the conditional use permit, required the final elevation plans be reviewed by the Planning Commission as a Reports and Recommendations item. 200 5. Anaheim Blvd. Suile #'162 Anaheim, CA 92805 Tel: (714) 765-5739 Fax: (714)765-5280 www.anaheim.nei CONDITIONAL USG I'ERbfIT NO. 2007-05241 pclober 29, 2007 Page ? of 2 Prior to the September hearing, the Department of Transportation District 12 Office (CalTrans) submitted comments regarding the Traffic Impact Analysis completed for the Mitigated Negative Declaration. A representative of the agency further indicated his agency's concerns at the hearing regarding potentially unmitigated impacts due to the project. Since the hearing, staff has provided a response to the questions raised by the agency by providing clarification regarding the methodology for the study. CalTrans is satisfied with the City's response. Modifications to the site plan and additional conditions or mitigation measures were not required. PROPOSAL: At the Commission meeting of September 17, 2007, the Commission and staff raised concerns regarding the proposed architecture given the property's highly visible location. The building lacked a visible main entrance, a complementary range of building colors and materials, breaks in the vertical and horizontal building lines, and treatment of the roof screen. At the meeting, the Commission reviewed sketches from the City's architectural consultant which provided examples on how the vertical and horizontal building lines could be broken-up. The Commission indicated that providing an architectural contrast through the use of color and materials, between the entry and corners of the building would help to break-up the length of the building. The Commission required final review of the elevations. To address Commission concerns, the applicant revised the elevation plans to include detailed fapade treatments including reveals at the comers and center of the building, stone between the reveals to provide a variation in surface treatment, stone trim on the first floor of the building, a variety of colors, and a metal canopy to accentuate the building entrance. These are elements that were taken from the sketches provided by the City's architectural consultant. ANALYSIS: Staff believes the proposed changes have addressed the Commission's concerns. The incorporation of reveals at the ends of the building anchors the building and provides a contrast with the smooth concrete. The use of reveals and a canopy in the middle of the building highlights the entrance. The change of colors at the corners and center of building also accentuates the main entrance. The stone enhancements provide added interest to the architecture of the building. Although the revised plans do not match the architectural style of the building design that was favored at the meeting, the applicant has proposed elements shown in that rendering and applied it to the contemporary style building proposed. The elevations are designed in a manner that is consistent with the Community Design Element of the General Plan. Therefore, staff recommends approval of this request. Respectfully submitted, Concurred by, Acting Principal Planner Planning Services Manager ATTACHMENT NO. 2 RESOLUTION NO. PC2007-111 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05241 BE GRANTED' (1325 NORTH ANAHEIM BOULEVARD AND 401 CARL KARCHER WAY) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF PARCEL 2 AND 3, TOGETHER WITH THAT PARCEL OF LAND DESIGNATED AS (RESIDUAL). IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FIELD IN BOOK 110. PAGES 30 AND 31 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: PARCEL 1: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SAID PARCEL 2 WITH THE WESTERLY LINE OF ANAHEIM. BOULEVARD (FORMERLY KNOWN AS LEMON STREET); THENCE ALONG SAID WESTERLY LINEN 0°02" 38"W 394.60 FEET; THENCE 89°51'22" E 5.00 FEET; THENCE N 00°02' 38" W 100.00 FEET; THENCE 8°34'28"W 101.12 FEET; THENCE N 9°49'32" W 82.89 FEET TO THE NORTHERLY LINE OF THAT CERTAIN PARCEL DESIGNATED AS RESIDUAL; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL N 85°43'02" E 76.78 FEET; THENCE 82°56'35" W 63.32 FEET; THENCE S 63°3753" W 138.10' FEET TO AN ANGLE POINT IN THE NORTHERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID NORTHERLY LINES 63°55'29" W 57.391 FEET; THENCE S 52°29'39" W 128.50 FEET THENCE LEAVING SAID NORTHERLY LINES 26" 22' 12" E 144.94 FEET; THENCE S 0°Ol' 12" E 368.54 TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID SOUTHERLY LINEN 89°54'00" E 387.19 FEET TO THE POINT OF BEGINNING EXCEPTING THEREFROM THAT PORTION IN FINAL ORDER OF CONDEMNATION RECORDED JANUARY 23, 2001 AS INSTRUMENT N0.20010039326 OF OFFICIAL. RECORDS. PARCEL 1 CONTAINS 5.682 ACRES PARCEL2 -1- PC2007-111 PARCEL 2 AND 3. TOGETHER WITH THAT PARCEL OF LAND DESIGNATED AS (RESIDUAL). IN THE CTI'Y OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FIELD IN BOOK 110, PAGES 30 AND 31 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, EXCEPTION THEREFROM THE FOLLOWING PORTION OF LAND: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SAID PARCEL 2 WITH THE WESTERLY LINE OF ANAHEIM BOULEVARD (FORMERLY KNOWN AS LEMON STREET); THENCE ALONG SAID WESTERLY LINEN 0°02" 38"W 394.60 FEET; THENCE N 89°57' 22" E 5.00 FEET; THENCE N 00°02'38" W 100.00 FEET THENCE 8°34'28"W 101.12 FEET; THENCE N 9°49'32" W 82.89 FEET TO THE NORTHERLY LINE OF THAT CERTAIN PARCEL DESIGNATID AS RESIDUAL; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL N85°43'02'B 76.78 FEET; THENCE S 82°56'35" W 63.32 FEET; THENCE S 63°3753" W 138.10 FEET TO AN ANGLE POINT IN THE NORTHERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID NORTHERLY LINES 63°55'29"W 57.91 FEET; THENCE S 52°29'39"W 128.50 FEET; THENCE LEAVING SAID NORTHERLY LINES 26" 22' 12" E 144.94 FEET; THENCE S 0°Ol' 12" E 368.54 TOA POINT ON THE SOUTHERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID SOUTHERLY LINEN 89°54'00" E 387.19 FEET TO THE POINT' OF BEGINNING ALSO EXCEPTING THEREFROM THAT PORTION IN FINAL ORDER OF CONDEMNATION RECORDED JANUARY 23, 2001 AS INSTRUMENT NO. 20110039326 OF OFFICIAL RECORDS. PARCEL 2 CONTAINS 4.05 ACRES NOTE: BEARING AND DISTANCES HEREON ARE FROM RECORD INFORMATION PER PARCEL MAP RECORDED IN BOOK 110 PAGES 30 AND 31 OF PARCEL MAPS BASIS OF BEARINGS: THE BEARINGS SHOWN HEREON ARE BASED ON THE BEARING OF CENTER LINE OF ANAHEIM BOULEVARD BEING N 0°02'38"W PER PARCEL MAP RECORDED IN BOOK 110 PAGES 30 AND 31 OF PARCEL MAPS. -2- PC2007-111 WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 17, 2007, at 2:30 p.m., notice of said public hearing having been- duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use, to construct an office building is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.10.030.040 (Offices - General) with waivers of the following: (a) SECTION NO. 18.10:060.020.0201.02 (b) SECTION NO. 18.10.060.020.0202.02 Minimum landscape setback adiacent to an arterial (20 feet required; 15 feet proposed) Minimum landscape setback abuttine a freewav right-of-way. (15 feet required; 10 feet proposed) 2. That the above-mentioned waiver (a) is hereby approved as the site is unique because of the property's irregulaz shape with frontages on two (2) public rights-of-way which significantly limits the amount of usable land area which further limits the ability to provide the minimum setbacks, required parking, and adequate circulation. The proposed setback would be consistent with the property to the south along Anaheim Boulevazd has an existing landscape setback of ten (10) feet. 3. That the above-mentioned waiver (b) is hereby approved as the portion of the property adjacent to the SR-91 Freeway has an irregulaz shape. The widest portion of the landscape planter is adjacent to the freeway on-ramp where it will be most visible and the portions of the landscape planter of only ten (10) feet is adjacent to the freeway right-of-way which has landscaping ranging from sixty (60) to seventy (70) feet wide. 4. That the proposed office building as conditioned herein would not adversely affect the adjoining land uses and the growth and development of the azea in which it is proposed to be located. 5. That the size and shape of the size for the use is adequate to allow the full development of the proposed use in a manner not detrimenta] to the particulaz area or to the health and safety. 6. That granting of the conditional use permit under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. 7. That a person representing Caltrans spoke with concerns/questions pertaining to the traffic analysis. -3- PC2007-111 CALIFORNIA ENVIRONMENTAL OUALTI'Y ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal and does hereby approve the Mitigated Negative _ - Declazation and the associated Mitigation Monitoring Plan No. 146 upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Mitigated Negative Declazation together with any comments received during the public review process and further finding on the basis of the initial study, including the analysis of potential aesthetic, air quality and utilities and service systems impacts and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: That adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and ground contiguous to buildings 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 dazkness and provide a safe, secure environment for all persons, property, and vehicles on-site. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 2. That an on-site trash tntck tum-azound shall be provided per Engineering Standazd Detail No. 476 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said tum-azound area shall be specifically shown on plans submitted for building permits. 3. That a plan sheet for solid waste storage, collection, and a plan for recycling shall be submitted to the Public Works Department, Street and Sanitation for review and approval. 4. That trash storage aeeas shall be provided and maintained in a location acceptable to the Public Works Department and in accordance with approved plans on file with said Department. Said storage aeeas shall be designed, located and screened as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines planted on maximum a- foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 5. That 4-foot high street address numbers shall be displayed flat on the roof of the building in a color that contrasts with the roof material. The numbers shall not be visible from the streets or adjacent properties. Said information shall be specifically shown on plans submitted for building permits. 6. That all new bacllcfllow equipment shall be located above ground and outside of the street setback azea in a manner fully screened from all public streets, Any other lazge water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside -4- PC2007-111 of the street setback azea in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by the Water Engineering Department. 7. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 8. That since this project has a landscaping azea exceeding 2,500 squaze feet, a sepazate irrigation meter shall be installed in compliance with Chapter 10.19 of the Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. 9. That all existing water services and fire lines shall conform to current Water Service Standazds Specifications. Any water service and/or fire line that does not meet current standazds shall be upgraded if continued use is necessary or abandoned if the existing water service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service of the fire line. 10. That the developer shall improve Anaheim Boulevazd with an 8-foot wide parkway and 5-foot wide sidewalk. The curb may remain in place and does not need to be relocated. Said information shall be specifically shown on plans submitted for building permits. 11. That the pazkway and sidewalk along Anaheim Boulevard shall be constructed with the pazkway irrigation connected to the on-site irrigation system and maintained by the property owner. A bond for the required improvements shall be posted in an amount approved by the City Engineer and a form approved by the City Attorney prior to issuance of a building permit. A Right of Way. Construction Permit shall be obtained from the Development Services Division for al] work performed in the right-of-way. The improvements shall be constructed prior to final building and zoning inspections. 12. That the locations for future above-.ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications .and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.). 13. That any existing public or private easements on the property that conflict with the building footprint shall be abandon prior to issuance of building permits. 14. That any required relocation of City electrical facilities shall be at the developer's expense. 15. That gates shall not be installed across any driveway in a manner which may adversely affect vehiculaz traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standazd Plan No. 609 and shall be subject to the review and approval of the City Traffic and Transportation Manager prior to issuance of a building permit. Said information shall be specifically shown on plans submitted for building permits. -5- PC2007-111 16. That plans shall be submitted to the Planning Services Division for review and approval in conformance with the current version of Engineering Standard Plan Nos. 436, and 470 pertaining to parking standards and driveway location. Subject property shall thereupon be developed and maintained in conformance with said plans. 17. That all plumbing or other similaz pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits. 18. That street improvement plans shall be submitted for the modified traffic signal and related traffic circulation improvements at the intersection of Commercial Street and Anaheim Boulevazd to the Public Works Department, Development Services Division for review and approval., 19. That a bond shall be posted for all traffic related street improvements, including, but not limited to, traffic signals(including modification of the signals and relocation of signal poles and equipment), directional signage, striping, and median islands as required for said project. 20. That a performance bond shall be posted to guazantee installation of right-of-way improvements in an amount approved by the City Engineer and a form approved by the City Attorney. A Right-of- way Construction Permit shall be obtained from the Development Services Division for all work performed in [he right-of-way. The improvements shall be made prior to certificate of occupancy. 21. That final elevation plans shall be submitted to the Planning Services Division for Planning Commission review as a "Reports and Recommendations" item. Said plans shall include additional architectural enhancements for the elevations. Prior to issuance of a grading permit, the following conditions shall be complied with: 22. That grading plans shall be submitted to the Public Works Department, Development Services Division to improve Anaheim Boulevazd in conformance with Public Works Standard Detail No. 110-B and the Department of Public Works Landscape and Irrigation Manual for Public Streets, Highway, Right-of-way and Easements. 23. That a Drainage Study shall be prepared be prepazed by a registered Civil Engineer in the State of California. The study shall be based upon and reference the latest edition of the Orange County Hydrology Manual and the applicable City of Anaheim Master Plan of Drainage for the project area. Al] drainage sub-area boundaries per the Master Plan for Drainage shall be maintained. The study shall include: an analysis of 10 and 100-yeaz storm frequencies; an analysis of all drainage impacts to the existing storm drain system based upon the ultimate project build-out condition; and address whether off-site and/or on-site drainage improvements will be required to prevent downstream properties from being flooded. 24. That it shall be demonstrated that coverage has been obtained under California's General Permit for Stormwater Discharges Associated with Constmction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Boazd and a copy of the subsequent notification of the issuance of a Waste Dischazge Identification (WDID) Number. A Stormwater -6• PC2007-111 Pollution Prevention Plan (SWPPP) shall be prepared and implemented. A copy of the current SWPPP shall be kept at the project site and be available for City review on request. - ---- 25. That prior to the issuance of a grading permit, the applicant shall submit to the Public Works Department, Development Services Division for review and approval a Water Quality Management Plan that: ® Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious azeas, maximizing permeability, minimizing directly connected impervious azeas, creating reduced or "zero discharge" areas, and conserving natural azeas. ® Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. ® Incorporates Treatment Control BMPs as defined in DAMP. ® Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. ® Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. ® Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs. 26. That a Lot Line Adjustment shall be submitted to the Public Works Department, Development Services Division to merge the existing pazcels into one (1) legal lot. The Lot Line Adjustment shall be approved by the City Engineer and recorded in the office of the Orange County Recorder prior to issuance of a building permit. Prior to final buildine and aonine insaections the following conditions shall be comalied with: 27. That the Project shall make a proportionate shaze contribution to signalize the Anaheirrt Boulevazd/Cazl Karcher Way intersection. 28. That prior to issuance of a certificate of occupancy, the applicant shall: ® Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. ® Demonstrate that the applicant is prepazed to implement all non-structural BMPs described in the Project WQMP. ® Demonstrate that an adequate number of copies of the approved Projects WQMP are available onsite. ® Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 29. That all street improvements shall be installed for the modified traffic signal and related traffic circulation improvements at the intersection of Commercial Street and Anaheim Boulevard. -7- PC2007-111 30. That fire lanes shall be posted with "No Pazking Any Time." 31. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department mazked Exhibit Nos. 1 through 10, and as conditioned herein. General conditions: 32. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 33. That all trash generated from this office building shall be property contained in trash bins located within approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Community Preservation Division of the Planning Department shall determine the need for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick- up shall be paid by the business owner. 34. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from the time of discovery. 35. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 36. That fiming for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress towazd establishment of the use or approved development. 37. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. -e- PC2007-111 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 17, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60; "` "" "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and maybe replaced by a City Council Resolution in the event of an appeal. CHAIR AI~;;ANAHEIM PLAING COMMISSION ATTEST: '" SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CTTY OF ANAHEIM ) I, Eleanor Moms, Senior Secretazy of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on September 17, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, KARAHI, ROMIT2O, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this ~~~ day of i ~ , 2007. ~., ~ ~ / , SECRETARY, ANAHEIM PLANNING COMMISSION -9- PC2007-111 I NOR CAL BEVERAGE CO z i O F ~ I p - AP, PLIED POWE a CONCEPTS m w a JULIANNA AVE F- - W J }- Q _Z m Q I VAR 150 I HOBBS TRUCKING - 389'- . _ . F. w... , CUP 2008-05326 SMALL INDUSTRIAL FIRM I SMALL INDUSTRIAL FIRMS ~~GO I OPEN SPACE LA PALMA A 1 FM S T RAYMOND RETARDING BASIN VPDPN ~ N FMA •3 E j0 a v PPR4P~P _„ c A r ~`PPSS tr ~q D i~ \ ~ \ U June 23, 2008 Subject Property Conditional Use Permit No. 2008-05326 502 - 524 East Julianna Street- 524 East Julianna Street ~~ BALSAM AVE RM-4 4DU 4DU 4DU 4DU 4DU 1 Commercial/Indusfdal (North Cenfraf Area) m 7 N (n 1 r O W CITY ~ 7 Z SUBSTATION m J Q a e ~ E~GRANGEIHGRPE AVE ~ ° ~.a a E COMMERLNL SF ,Q I ~ IU W. LAPAL MAAVE E. LAPAIMAAVE Z, y 2~1 m L fr~ ` m 1 ,. % m W PVE , ~ o LMGG '10549 Commercfal/Indusfrtal (North Central Area) Redevelopment Pm/ecf Area June 23, 2008 Subject Property Conditional Use Permit No. 2008-05326 502 - 524 East Julanna Street iosas ~9 1e° Aerial Photo: rce: July 2008 A'd'TACd~VdEN'I' NO. 1 PdtOJECT SUMMARY COIVIDI'I'dONAL USE PERNII'd' N0.2008-05326 dDevelo meet°Standard " `" "Pro dsed`Pro'ect " ;I bane Standards Site Area 1.68 acres N/A Parkin 38 68 ~~11L KOTT ~altor~, Inc. June 3, 2008 Ms. Kimberly Wong Department oFPlanning & Zoning City of Anaheim 200 S. Anaheim Boulevard Anaheim, CA 92805 RE: 502-524 E. Julianna Street, Anaheim, California Letter of Operation Dear Ms. Wong: ATTACHMENT NO. 2 Please consider this letter as your requested "Letter of Operation". Mr. and Mrs. Richard Boggs have operated DuBois Towing Company at SOp-510 S. Atchison Street, Anaheim since 1981. As a direct result of the City of Anaheim's desire to assemble contiguous properties along Atchison Street, for a new development, Mr. and Mrs. Boggs are forced to relocate their business to the above location as soon as possible. The total are of the existing improvement, which consists of three industrial buildings is approximately 44,0000 square Feet on approximately 65,000 square feet (1.50 acres) of land. This facility will occupy one of the buildings of approximately 22,000 square feet on an area of land consisting of approximately 26;000 square feet. There are currently eight (8) employees for the facility and because of the nature of the business, the vehicles are brought in and taken out one at a time which should not create any undue traffic and although the business is open 24 hours a day, the facility is only open from 8:00 a.m. - 5:00 p.m., Monday through Friday. The tow truck drivers typically take "their truck" home with them at the end of the day .and are "on call" through the evening hours. There are two more trucks that will be otherwise on-site at all times. The vehicles that are towed into the location will be dropped off on the interior of the security gates, but outside the building. They will then be placed into a designated parking space in the interior of the building by way of a forklift, which will meet the vehicle at the drop off point. The owner will retrieve their vehicle on Pauline Street after paying the towing fee. The trucks will be washed once a week at a designated location in the rear of the site. It is important to note that there will be no loading or off-loading of vehicles in the street and the property is not adjacent or near any residential development. There are no neighbors to disturb and all storage is indoors. The size and location of the property is ideally suited for the prospective new occupants and we hereby respectfully request that approval for same be granted on a permanent basis. 1225 WEST LINCOLN AVENUE • ANAHEIM, CA 92805 • (714) 772-7000 • FAX (714) 772-3372 - RESIDENTIAL • COMMERCIAL • INDUSTRIAL • INVESTMENT www.paulkottrealtars.com /vls. ,S'imber/~~ fVwvg Jirne 3, ?008 Page 2 oJ3 If you have any questions regarding the information contained in this letter, please do not hesitate to call me at the telephone number below. Thank you for your prompt consideration of this matter. Yours very truly, PAUL KOT REAL RS, INC. ~„ I` P 1 T. Kott ATTACHMENT N0.3 [DRAFT] RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A NEGATIVE DECLARATION AND APPROVING CONDITIONAL USE PERMIT NO. 2008-05326 WITH WAIVER OF. MINIMUM NUMBER OF PARKING SPACES (502 - 524 EAST JULIANNA STREET) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for a towing service and impound facility with the washing of towing vehicles 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 property is developed with three industrial buildings located in the Industrial zone .and the Anaheim General Plan designates the property for Industrial land uses; and WHEREAS, the proposed request to permit a towing and vehicle impound facility with the washing of towing vehicles at 502 - 524 East Julianna Street with waiver of the following: SECTION 18.42.040.010 Minimum required parking spaces. (68 spaces required; 38 spaces proposed) WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 23, 2008, at 2:30 p.m., notice of said public hearing having been duly given as required bylaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the towing and impound facility with the washing of tow vehicles in the Industrial (I) zone is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.10.030.040.0402 (Towing Services and Automotive Impound Yards). 2. That the towing and impound facility would not adversely affect the adjoining industrial :land uses and the growth and development ofthe area in which it is proposed to be located because all business activities would remain inside the building. 3. That the size and shape of the site for the towing and impound facility is adequate to allow the full development of the proposed use in a manner not detrimental to the particular -1- PC2008-*** .area nor to the health, safety and general welfare of the public because the business would remain inside the building and automotive repairs and modifications are not proposed. 4. That the variance will not cause fewer off-street pazking spaces to be provided for the proposed uses than the number of spaces necessary to accommodate all vehicles as'the towing and impound business will only require pazlting for employees as customers are dropped off and do not park. Further, the business provides seven enclosed employee parking spaces in addition to those required to be shazed between the three uses on the premises. 5. That the results of the parking observations indicate that DuBois Towing will not require anoff--site pazking supply. Employee vehicle and tow truck parking will be accommodated within the enclosed area, and the customer parking supply of four spaces will be in excess of the pazlcing demand observed at the existing business location. 6. That the traffic generated by the towing and impound facility would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the azea because the towing and impound facility is consistent with the types of industrial uses in the zone, including a trucking business across Julianna Street. 7. That *** indicated their presence at said public hearing ih opposition; and that *** correspondence was received in opposition to the subject petition. WHEREAS, the Anaheim Planning Commission has reviewed the proposal and does hereby find that the Negative Declazation is adequate to serve as the required environmental documentation in connection with this request. NOW, THEREFORE, BE TI' RESOLVED 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 Citizens of the City of Anaheim: No. Conditions of Approval Responsible for Monitoring PRIOR TO COMMENCEMENT OF OPERATIQN OE THE BUSINESS 1 That 4-foot high address numbers shall be displayed on Police the roof in a contrasting color to the roof material. The numbers shall not be visible from the view of the street or adjacent properties. 2 That the business owner shall submit a proposal Public Works specifically identifying how wash water and pollutants associated with towing vehicle washing aze fully captured and properly disposed. Said proposal shall be submitted to the Public Works Department for review and approval. -2- PC2008-*** ®NGOING DUTtTNG OPERATION 3 That vehicle washing shall be limited only to towing Planning vehicles and not towed vehicles. 4 That vehicular body work, painting or other automotive Planning modification activities shall not be permitted on the premises. 5 That impound pazking of vehicles overnight shall be Planning permitted only inside Building 3 or the enclosed outdoor storage azea as designated on Exhibit No. 1. Shared pazking for the three (3) buildings shall not be used. 6 That outdoor storage shall be limited to the area Flanning designated on Exhibit No. 1. 7 That the installation or use of any exterior intercom Planning equipment shall be prohibited. 8 That ongoing during project operation, under no Public Works circumstances shall tow vehicles be unloaded or loaded on any public right-of--way nor shall any vehicles be pazked or staged on said streets. 9 That gates shall not be installed across any driveway in a Planning manner which may adversely affect vehicular traffic in the adjacent public streets. GENERAL CD NDTTIONS 10 That the property shall be permanently maintained in an Planning orderly fashion through the provision of regulaz landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from the time of discovery. 11 That timing for compliance with conditions of approval Planning maybe amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the .applicant has demonstrated significant progress towazd establishment of the use or approved development. -3- PC2008-*** 12 That approval of this application constitutes approval of Planning the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 13 That extensions for further time to complete conditions Planning of approval maybe granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that 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 declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionazy case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all 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 June 23, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- 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 June 23, 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-*** ~~ ~ ~ ~ i BALSAM AVE w J JULIANNA AVE Q Z m Q (n LL! Z J Q d o sn mo rcec ? Subject Property Conditional Use Permit No. 2008-05326 502 - 524 East Julianne Street _. 10549 LA PALMA AVENUE Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +!- two to five feel. ATTACHMENT N0.4 PARKING STUIDY FOIL TI~+ RELOCATION OF DIJ I30IS TOWING Prepared for: The City of Anaheim 200 S. Anaheim Boulevard, Suite 200 Anaheim, California 92805 Prepared by: I{imley-Horn and Associates, Inc. 765 The City Drive, Suite 400 Orange, California 92868 714939-1030 June 2008 ® Kimley-Horn and Associates, Inc. PARKING STUDY FOR THE PROPOSED RELOCATION OF DU BOIS TOWING W THE CITY OF ANAHEIM TABLE OF CONTENTS INTRODUCT[ON ...........................................................................................................................1 PROJECT DF.SCRIPTION ...................................................°-........................................................1 Existing Project Site .......................................................................................................:.............1 Proposed Project ..........................................................................................................................1 CITY OF ANAHEIM PARKING REQUIREMENTS ....................................................................3 Required Pazking for the Julianna Street Industrial Site ..............................................................3 Parking Provided ..........................................................................................................................5 Observed Parking Demnnd ......................................_.................................---......,...............---.....5 PARKING RECOMMENDATIONS ..............................................................................................5 City Parking Requvement for Towing Services ..........................................................................6 REQUIRED FINDINGS ..................................................................................................................7 CONCLUSIONS .............................................................................................................................. 9 ATTACHMENTS ATTACHMENT A -City of Anaheim Municipal Code -Chapter 18.42 (Applicable pages) LIST OF FIGURES Figure 1 -Existing Site ....................................................................................................................2 Figure 2 -Proposed Site Plan ..........................................................................................................4 LIST OF TABLES Table 1 -Summary of Pazking Requirements for The Julianna Street Industrial Center ................3 Table 2 -Summary of Pazking Requirements for Building 3 Using Towing Service Rates..........6 PARiK]NG STUDY FOR THE PROPOSED RELOCATION OF DU BOIS TOWING IN TAE CITY OF ANAHEIM INTRODUCTION This report has been prepared to evaluate the parking requirements for DuBois Towing, an existing vehicle towing and impound operation located at 500-510 Atchison Street in the City of Anaheim. The City of Anaheim Redevelopment Agency proposes to relocate the towing operation to a vacant industrial complex located at 502 - 524 East Julianne Street. The parking supply at the new location will not provide enough parking to meet the City of Anaheim Parking Code requirements, and therefore; a parking variance will be required. Parking data collection and analysis have been conducted, in order to determine whether or not the requested variance can be suppoded by the Required Findings in accordance with the requirements of Section 18,42.110 of the City of Anaheim Municipal Code, PROJECT DESCRIPTION Existing Project Site The DuBois Towing business is currently located on the east side of Atchison Street; one parcel south of Santa Ana Street, and west of East Sti-eeL The project site consists of an enclosed vehicle impound lot, and a small building housing. the office operations for the business. The DuBois Towing operation consists of towing and storing impounded vehicles on-site, in a secure location. The property has the capacity for approximately 100 impounded vehicles. An aerial of the existing site layout is provided on Figure 1. The posted operating hours for DuBois Towing aze Monday through Friday, S:OO AM to Sc00 PM; closed Saturday, Sunday, and holidays.. The project site has one gated driveway onto Atchison Drive. The east side of Atchison Street is signed as "Customer Pazking for DuBois Towing" on either side of the site entrance. Employee vehicles and the tow trucks are parked inside the fenced'yazd foi security purposes. Proposed Project The Redevelopment Agency proposes to relocate the DuBois Towing business to an industrial complex located at 502 - 524 East Julianne Street, on the south side of the street, one parcel north of La Palma Avenue, and west of Fast Street. DuBois Towing - t - June, 2008 Parking Study { FIGURE 1 EXISTING ®dJ13®iS T®~IING S Kimlerwwn antl Anacelates. Inc H i _2_ woT m scams This property has three buildings on site. DuBois Towing would occupy Building 3, the largest of the three buildings, with 22,000 square feet. Buildings 1 and 2 (4,000 square feet, and 18,000 square fee[,. respectively) are currently vacant, and are intended for use by light industrial or warehousing uses. A site plan depicting the layout of the buildings and the proposed parking on site is presented on figure 2. As shown on the site plan, the site will provide 54 parking spaces. DuBois Towing proposes to enclose a portion of the pazking with site fencing, such that 16 spaces are accessible to DuBois only, and the remaining 38 spaces aze accessible to all site users. Under the proposed operating conditions, towed vehicles will be brought to the site by the business' tow trucks. Impounded vehicles will be stored inside )3uilding 3. An additional storage area of seven spaces for overflow vehicles has been proposed outside the building, but inside the fence. Employee vehicles and tow tracks will also be parked inside the fence. Customer parking is shown outside the fence, in a small parking area on theproperty, adjacent to Julianne Street. CITY OF A]YAIiEIM PARKING 1tLPQUIREMEPITS The City of Anaheim pazking requirements are contained in Chapter 18.42 of the City's Municipal Code, which specifies the City's off-street parking requirements for a variety of lend uses. A wpy of relevant sections of Chapter 18.42 is provided as Attachment A. Required Panting for the Julianne Street Industrial Site The City's paring code requiremwts for the DuBois Towing business ~d the two other buildings on the Julianne property are based on Ote parking code for general industrial as follows: Table 1 Summary of Parking Requirements for The Julianne Street Industrial Center Parking Required Building Use I~g Code Perlin 1 Warehouse 4.0 1.55 6.2 2 . Warehouse 18.0 1.55 2Z.9 3 DuBois Towin r 22.0 1.55 34.] 'Total 3~ 44.0 `" ~ 6$ Provided 54 Difference pry' 1 14 ~ The pazking requirement for geaeraI industrial is applied to the totals uare foots a of Buildin 3. DuBola Towing - 3 - June, 2008 Parking Study a, 1 { y IOC i 1 f E: 't: '' ~' t ~1 E a ~I t: ~;~ i nan~u >r,wy (~ ~u, 3~.~~d iii ~.~~'. ~~~ , $ t ''ll dl rl~L~o f~~~j;d~. ~t- l`l i e ,~ ~~~:~ , N Z ~~~ ; .. t, ^1 ~ l~ + 4 r I P _~ I } i -q ~ P C „~ \\ - ~ `~ • ~~ ••~~ y ~ .d 1 ' ~ Gr • ~~ i •(_ p i {{ ' ~.~ 1 a _• i I s ~! ~ i cd ~ u ~ 1 ~; ~; i f~k I a { 8' ~ ~' ~~ ` x re i d tL GMl Y 6 x~ ~" ~ 1 1 =~ ~ y ~Ia>•iN YI r ~ .e~ { oo.-~.;WWW .T ~~ I -~r r ~ I fr ' ,`, Y x:+, I I J. t :V ~IQ:.. ll u( ~5 ~.~.~, l.; ~~ S .tee ,v -4- ,~•.. ~~ I ~> ~6 ~ ~ i y~~ I E~-.i~ vl dirt I ~~ e ~ z ~ ~~T;ie ;< "3 _, Y ,I, `: l ~ ~r: ~~,: I: }t .__i I Iqr •~ E Y Note: Although the City of Anaheim Municipal Code has a parking requirement listed for Towing Services, Planning staff has indicated that the parking requirement for industrial is to be applied to the proposed use, because it will occupy and use the ensue building. The reference to Towing Services in the pazking code is only for businesses that do not store towed vehicles. Parking Provided The project site plan shows a parking supply of 54 parking spaces. DuBois Towing proposes to enclose }6 of the spaces within their fenced portion of the site - 7 for employee parking, 2 for tow truck parking, and 7 for overflow impound vehicle stamge-making those spaces unavailable to the other buildings on the site. The remaining 3~ will not be enclosed, and will be available to the other two buildings. on the site. Four of those spaces, although located in the "common" parking area, are shown an the siteplan as designated for DuBois Towing customer parking. As proposed, the unenclosed, undesignated parking supply (34 spaces) will meet the tight industrial parking requirement for Buildings 1 and 2. The parking supply of 20 spaces for Dubois Towing (]6 enclosed spaces, and 4 unenclosed customer pazking spaces) will not meet the parking requirement of 34 spaces for 22,OD0 square feet oflight industrial use, and therefore a variance will be required. A patking,demand study was conducted to determine whether or not [he requested variance can be supported by the Required Findings. Observed Parking Demand Parking data for the existing DuBois Towing business was collected to measure. the actual parking demand generated by the towing business. Parking observations were made only on the street adjacent to the DuBois property, since the site is fenced and gated, and it would not be possible to distinguish between employee end impounded vehcles parked on the site. The observations revealed that there is minimal, if any, demand for customer pazking for the DuBois business. For the majority of times, the observed customer parking demand was either zero vehicles, or one vehicle for a short period of time. Typical customer trip-making activity consists of an individual being dropped off by another individual, who either drives away,, or at most, waits long enough to make sure the customer is able to retrieve his or her vehicle. PARKflVG RECON~NDA171®N6 It is concluded that the parking needed for the tdwing business (aside from the parking area needed for the impounded vehicles) is only that parking needed for employee vehicle pazking, tow truck parking, and two addi-iona] spaces for customers. City staff has indicated that DuBois Towing employs approximately eight people, and that some of those employees drive their tow vehicle home, and therefore do not require a parkng space at the business. DuBois Towing stores two tow trucks on site. The proposed parking. supply of 20 vehicles, therefore,, would be adequate for the DuBois Towing .business. Further support far this conclusion is provided in the following discussion. DuBois Towing - 5 - June, 2008 Parking Study City Parking tiequiremeut for Towkug Services Since the DuBois Towing business will move into Building 3, with 22,000 square feet of space, the City requires that the parking requirement for light industrial be applied to the entire building square footage. However, under the proposed DuBois operation plan, most of the building'square footage will be used to store impounded vehicles, and so, will actually function as the impound lot for the business. The office operation for the business will occupy approximately 1,000 feet inside the building. The City of Anaheim parking code requirement for a Towing Service is fcur spaces per KSF, plus spaces for tow trucks. Table 2 summarizes what the parking requirement for the Dubois Towing business would be if it were calculated using the city parking requvement For a towing service, applied only toward tlse office space in the building. Table 2 Sumurary t>f Parting Requisemeuts ffor Building 3 Using Towing Service Rates KSF / Prarking Required )Building Ilse Trucks Code Parktn . DuBois Towin ~ l.0 4.0 4.0 9 Tow Tntcks 2.0 1.0 2.0 TotalBuildin 3 N~~'t ~t.;,: "< ~ 6.0 Provided " ' ¢" 'Y ~~=''-" ' ' 20.0 Difference ,;v,"' + 14.0 ~ The parking requirement for a towing service is applied to the office square foots 1,000 s uare feet . As Table 2 indicates, using the city parking requirement for a Towing Service, the code-required parking for the proposed I?uBois Towing business would be 6 spaces. This further suppofts the conclusion that the proposed parking supply of 20 spaces will be adequate to meet the pazking needs for the DuBois Towing business. DuBois Tovuing - B - June, 2008 Parking Study 12EQiJiRED FBYDLIVG~ )n accordance with the requirements of Section 18.42.110 of the City of Anaheim Municipal Code, the following five findings have been made to document the adequacy of the proposed parking supply for the proposed relocation of DuBois Towing to 524 JuliannaStreet: L The variance wit( nor cause fewer off-street parfing 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: The site plan indicates that the 34 code-required parking spaces for Buildings 1 and 2 will be provided on site. Twenty .spaces will be available for DuBois Towing. DuBois Towing proposes to accommodate its employee vehicle pazking and tow truck parking needs by providing nine spaces on-site. In addition, four customer parking spaces wilt be provided. Observations of current customer pazking demand at the existing DuBois Towing business on Atchison Street indicates that for the majority of the time, the parking demand for customers was either zero, or one vehicle for a limited period of time. Although the code requires that the parking requirement for DuBois Towing be calculated using the total square footage of the building (22,000 square feet of light industrial), review of the plans indicate that themajority of the space inside the building will actually be used as the impound lot for the business. If the code requirement for a Towing Service is applied only to the square footage inside the building that will be used as office (1,000 square feet), the parking requirement will be 6 spaces. The proposed parking supply of 20 spaces will be more than adequate to meet the parking needs of the Dubois Towing business. 2. The variance will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. The results of the pazking observations and review of the proposed operation indicate that the peak parking demand for DuBois Towing will be accommodated completely on-site with the proposed parking supply of 20 spaces. 3. The variance will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreemene in comp/lance with Section 18.42.050.030). The results of the parking observations indicate that DuBois Towing will not require an aff- site perking supply. Employee vehicle and tow track parking will be accommodated within the enclosed area, and the customer parking supply of four spaces will be in excess of the parking demand observed at the existing DuBois Towing site. DuBois Towing - 7 - June, 2D08 Parking Study 4: The variance will not increase traj~c congestion within the ajf-street parking areas nr lots provided for such use. The industrial complex will take access from the public street via a number of driveways. Tow vehicles will have access to Building 3 via driveways on Pauline Street. Access to the customer parking spaces will b0 from Julianne Street. Buildings ]and 2 will have their own driveway on Sabina Street. The traffic to and from the site will be nominal, and the traffic loads on the three streets surrounding the site are very light. 5. The variance will not impede vehicular ingress to or egress from adjucen[ properties upon. the public street in the immediate vicinity of tl~e proposed use. Ingress and egress for the Julianna industrial center is exclusive to the site, and does not rely on or encroach upon access or egress from any other properfy. DuBois Towing - 8 - June, 2008 Parking Study colvczosaorrs ® The City of Anaheim .Redevelopment Agency proposes. to relocate the existing DuBois 'Cowing business from its current site on Atchison Street to a vacant industrial site on 7ulianna Street o The site has a total of 44;000 square feet of light industrial building space. ® DuBois Towing would occupy Building 3, which is2Z,000 square feet in area. o Buildings 1 and 2, also totaling 22,000 square feet (4,000 and 7 8,000 square feet, respectively), will be used for light industrial and warehousing. ® The City of Anaheim municipal code requires 1.55 spaces per thousand square feet of light industrial use. ® The site would require 68 parking spaces. o The site plan indicates that the site would provide 54 parking spaces, with 16 spaces enclosed and accessible only m the DuBois Towing business, four unenclosed spaces designated for customers of DuBois Towing, and 34 unenclosed "common" spaces. ® The 34 unenclosed spaces will be adequate to meet the code-required parking for Buildings 1 and 2. ® The 20 spaces designated for DuBois Towing is 14 spaces less than the code-required pazking of 34 spaces. ® A parking demand study far the existing DuBois Tdwing business was conducted, and it was detemvned that 20 spaces will be more than adequate to accommodate the pazking needs of the DuBois Towing business. DuBois Towing - 9 - June, 2008 Parking Study r~~"I'AC ~N'I' .A CI'T'Y ®~' ~1EINI ICI~AI, C®H)E Non-I~esid~n4~nl ~~rknn~ Il~quna~e~e~ts dApp9ic~b1~ ~a~es) Page 9 of 20 Helipads Requires pazking demand study per pazagraph 18.42.040.010.0107 Hospitals Requires parking demand study per paragraph 18.42.040:010.0107 Hotels & Motels 0.8 space per guest room, plus 8 spaces.per 1,000 square feet of. GFA for banquet/meetng roam, plus 8 spaces per 1,000 squaze feet of GFA fotfu1l-service, semi-enclosed, walk-up and fast- food restaurants, plus 5.5 spaces per (,000 square feet of GFA for take-out restaurants integrated into the hotel complex, plus l space per 1,000 square feet of retail space plus 0.25 space for each employee working in the guest room azeas Industry-Limited Industrral-GeneYal Limited: 1.55 spaces per 1,000 square feet of GFA, which may include a maximum of 10% office space, plus, if the percentage of office space exceeds 10% of the GFA, 4 spaces p@r 1,000 square feet of GFA for the floor azea in excess of 10% Industrial Training Facilities: 0.82 space per student, or 20 ', spaces per 1,000 square feet of GFA for instructional use, !, whichever results in a greater number of spaces, plus 4 spaces per 1,000 square feet of GFA for office use Outdoor Uses: 0.4 space per 1,000 square feet of lot azea devoted to outdoor uses, excluding parking azeas and vehicular aceessways, or 1 space per ?maximum contemplated number of employees to be engaged in the outdoor operation, whichever results in a greater number of spaces Table 42-A iVOPI-RES%DEIVTIAL PARKING IiIEQ%JIIt~R~%EP1TS (rco ('lacy Rem~ireA SnArec Industry-General Industrial-General: 1.55 spaces per 1,000 square feet of building GFA, which may include a maximum of 10% office space, plus, if the percentage of office space exceeds 10% of the GFA, 4 spaces per 1,000 square feet of GFA for the floor area in excess. of 10°fo Industrial Training Facilities: 0.82 space per student, or 20 spaces per 1,000 square feet of GFA for insttuctional use, whichever results in a greater number of spaces, .plus 4 spaces per 1,000 squaze feet of GFA for office use Outdoor Uses: 0.4 space per 1,000 square feet of lot azea devoted to outdoor uses, excluding parking azeas and vehicular accessways, or 1 space per 7maximum cantemplated number of employees to be engaged in the outdoor operation, whichever results in the greater number of spaces Junkyazds 15 spaces or 5.5 spaces per t,vUU square teet of ouunmg ~rH, whichever is greater Markets-Large 15.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1.000 square feet of GFA over 100,000 htto:lhuww.amleeal.com/nxtl~atewav.dll/Cal ifornialanaheim/title 18zoninelchaoter1842o... 12/27/2007 Page 12of20 Restaurants-Take-Out 5.5 spaces per 1,000 square feet of GFA Restaurants-Walk-Up 16 spaces per 1,000 square feet of GFA Table 42-A N®RI-R)ESYIDETI'1'IAL PARKING REQUIhiENIENTS Use Class Required Spaces Retail Sales-General General: 5.5 spaces per I,000 square #eet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet Art Galleries: 3.3 spaces per 1,000 square feet of GFA Furniture, Carpet & Flooring: 2.25 spaces per 1,000 square feet of GFA Retail Sales-Kiosks 1 space per 25 square feet of GFA or 5 spaces per facility, whichever results in a greater number of pazlting spaces Retail Sates-0utdoor 0.4 space per 1,000 square feet of lot area devoted to outdoor uses, excluding pazlung areas and vehicular accessways, or 0.5 space per each employee engaged in the outdoor operation, whichever results in a greater aumber of pazking spaces Retail Sales-Regional Furniture, Carpet & Flooring: 2.25 spaces per 1,000 square feet of GFA Other: 5.5 spaces per 1,000 squaze feet of GFA for first 100,000 square feet,. plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet Retail Sales-Used Merchandise 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet Room Bi Board 1 space for each bedroom, plus 1 space for each nonresident employee, plus 1 space for visitors (for purposes of this provision, "Bedroom" means any room designed, intended or primarily used for sleeping purposes) Self-Storage Faciliies 0.27 space per 1,000 square feet of building GFA or 5 spaces, whchever results in a greater number of spaces, plus adequate loading and unloading areas as required by the City Traffic and Transportation Manager Sex-Qriented Businesses .Primarily Live Performance: IO spaces per 1,000squaze feet of GFA Primarily Book or Video Srore: 5.5 spaces per 1,000 square feet of GFA Studios-Broadcasting 2.5 spaces per 1,000 square feet of GFA SLudios-Reeordin 2.5 s aces er 1 000 s uaze feet of GFA Towing Servhces 4 spaces per 1,000 square feet of building GFA, plus spaces for tow trucks Transit Facilities Requires parking demand study per paragraph . _ _ ... _ ~ _ ____ ~ _ ___ _ _ i I CERAMIC TILE DISTRIBUTORS I SUNWEST METALS I ANAHEIM TOWING CO I ELECTRA GEAR i VACANT F- W W H Q a I TPM 2007-232 TPM 2005-290 VAR 2006-04684 VAR 2005-04665 VACANT VACANT . APTS S DU ~- 3DU 2DU i 2 OU m PARK 1 Du 2DU 2 Du ti z Du k a 3DU 2DU I STEPHAN CHEMICAL Commercial/Industrial (North Central Area) ievelopment Project Area T I p 1Dl 'ARK N JULIANNA AVE Er 2DU H ~ 2DU C p 3DU ¢ ~ BDU RM-4 LAS PALMAS APARTMENTS 61 DU ~~ ~ 2DU ~3PU 4DU ATCHESONS W °' _ ITHDGRAPHV EXPRESS SHOP ~_ ®- RM-4 -® C C-r' DU 2D 10U20 1DU o 4DU N Commercial/Industrial (North Cenfrdl Area) I LA PALMA AVENUE Redevelopment Project Araa _ _q'~ e a so - Sao ® .... _ ... _ ..... , ..... ... k~~ Date: June 23, 2008 Subject Property Tentative Parcel Map No. 2007-232 APN 035-010-80 1DSSs > p~ ¢ I_ Q ¢ Z W IA PALMAAV E ¢ 1. ~' ti t 50 ID~ icef Date: June 23, 2008 Subject Property Tentative Parcel Map No. 2007-232 APN 035-090-80 10556 A'T'II'ACI~IVYEl~1'1(' Iii®, l PRpJECT SUMIVIAR~' TENTATIVE PARCEL 1VIAP N®. 2007-232 Develo meet Standard . ' ` ^ ` Pro osed Ero'ect I Zone Standards Site Area 4.47 acres N/A Lot Size Parcel 1 0.945 acres N/A Parcel 2 2.068 acres Parcel 3 1.455 .acres [~1[8AF'I'] ATTACIFINi1E1~1T I9~®. 2 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CEQA NEGATIVE DECLARATION AND APPROVING TENTATIVE PARCEL MAP NO. 2007-232 (APN NO. 035-010-80) WHEREAS; the Anaheim Planning Commission did receive an application for Tentative Parcel Map No. 2007-232 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, the Zoning Administrator did hold a public hearing at the Civic Center in the City of Anaheim on Mazch 3, 2008, at 9:30 a.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed tentative pazcel map and to investigate and make findings and recommendations in connection therewith; and, at said meeting, referred the proposed tentative pazcel map to the Planning Commission for consideration at a public hearing; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 3, 2008, at 2;30 p.m, notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed tentative pazcel map and to investigate and make findings and recommendations in connnection therewith; and, at said meeting, the Planning Commission, by motion, approved the withdrawal of the request at the applicant's request; and WHEREAS, on May 27, 2008, the applicant resubmitted the application for Tentative Pazcel Map No. 2007-232; WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 23, 2008, at 2;30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed tentative parcel map and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: That the proposed subdivision is consistent with the General Plan land use designation of Industrial and property is in the Industrial (I) zone. 2. That the design or improvement of the proposed subdivision is consistent with the applicable General Plan. -1- PC2008-*** 3. That the site is physically suitable for the proposed subdivision. 4. That the site is physically suitable for the proposed density of development. 5. That the design of the subdivision or the proposed improvements. are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. 7. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission has reviewed the proposal and does hereby find and determine that the Negative Declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declazation together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby approve Tentative Parcel Map No. 2007-232, upon the following conditions of approval which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfaze of the Citizens of the City of Anaheim: No. Conditions of Approval Responsible for Monitoring TIMIN _ __ _ G: PRIOR TO APPROVAL OI'FINAL.PARCEL MAP _ _ _ That atwenty-six (26) foot wide floating access easement over Parcel 3 in favor of Pazcel 1 and 2 shall be recorded on the property for public 1 utility and emergency purposes including ingress and egress rights for Public Works maintenance purposes. Said easement shall provide access rights to Patt Street and shall be recorded concurrently with the final pazcel map. That atwenty-six (26) foot wide floating access easement over Pazcel 2 in favor of Parcel 1 shall be recorded on the property for public 2 utility and emergency purposes including ingress and egress rights Public Works for maintenance purposes. Said easement shall be recorded concurrently with the final pazcel map. 3 That vehiculaz access rights to Kemp Street shall be released and Public Works relinquished to the City of Anaheim on the final map. -2- PC2008-*** That the legal properly owner shall irrevocably offer to dedicate to the 4 City of Anaheim a ten (10) foot wide easement for road and public Public Works - utility purposes from the existingright-of--way ofKemp Street. That a final map shall be submitted to and approved by the City of 5 Anaheim and the Orange County Surveyor, .and shall then be recorded public Works in the Office of the Orange County Recorder. A reciprocal access agreement shall be recorded concurrently with the final parcel map. That the legal property owner shall execute a Subdivision Agreement, in a form approved by the City Attorney, to complete the 6 required public improvements at the legal property owner's expense. public Works Said agreement shall be submitted to the Public Works Department, Subdivision Section, approved by the City Attorney and City Engineer and then recorded concurrently with the final pazcel map. ~ That all pazcels shall be assigned street addresses by the Building public Works Division. That the final map shall be recorded within a period of two (2) years 8 from the date of this resolution. Extensions for further time to Planning complete said conditions maybe granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. That timing for compliance with conditions of approval maybe amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original 9 intent and purpose of the condition(s), (ii) the modification complies Planning with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved structure. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declazed invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case .application within 15 days of the issuance of the final invoice or final map recordation, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. -3- PC2008 *** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 23, 2008. Said resolution is subject to the appeal provisions set forth in Chapter... 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and maybe replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING 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 June 23, 2008. IN WITNESS WHEREOF, I have hereunto set my hand this day of 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2008-*** w w F- a 888 ' m ~ V W m m 245 ~~ ~ ~~ Subject Properly Tentative Parcel Map IVo. 2007-232 APN 035-010-80 10485 ------------------- Source: Recorded Tract Maps and/or Clty GIS. Please note the accuracy is +/- two to rive feet. I INDUSTRIAL FIRMS INDUSTRIAL < GENTER I ~ y y7LL O z I 1 I CAP ~~ G" W ~ J I ( J N !L VACAN o V~i ~ G-G ~ ~ GG VACANT 0 LINCOLN AVENUE Item rvo. v CALTRANS PROPERTY t\ i C-G RCL 60.61-105 RCL 54-55-1 CUP 2008-05324 CUP 20D4-04949 CUP 4133 CUP 1385 (T-CUP 2002-04536)! SHOPS Na C-G ~ O v ~ SH P5 ] FENCE ". - ~ w m IA HABRA CO. PRODUCTS I tOD' ~-143'-~{ C-G C G C~ V U VACAM C G C-G SMALL SHOPS SMALL SHO 5 W W F- J U a W C-G C-G CAR WASH June 23, 2008 - Subject Property Conditional Use Permit No. 2008-05324 1695 West Lincoln Avenue m E PALM PARK WEST PLACE RM-4 APTS. APTS PAMPAS 20 DU 20 DU APARTMENTS 77 DU 40 DU l~ 10555 Fr:: .~ June 23, 2008 Subject Property Conditional Use Permit hio. 2008-05324 1695 West Lincoln Avenue 1555 [~T'TAC~IO~El~i'I' I~1®. 1 ~' r'~ ~~l~v~r~ ~~.~ L.ir~ ~~~~- d 32Y P~~- ~~ ~~l G1Gw S ~ (~i ~y-T `~~- ~ ~ Sc:l~ ~n u c b~ `7'u ~ ~-t ~, ~~ ~ dal o ~.~ ~ ~l`e f~0 `.~. `'""i` ~-" c. cx~lf~ L eT-e P- w ~ Q-UJ e/L!T ~ ~a 2'd ,4/(~Z~ssP~j ~q -~-~ Pt~n~s7 ~~T ~~ S'~dz7~k~~,~~ 9~1! ~ ~ ~~ ~9~a 9~ ~z~-~~u ~ ~,,'• ••. •.. •.. ~~Tqq~~-OqN-Y ., RIVERSIDE FREEWAY q .. -ON-ROgp~- T \ STABLES SP 90-4 MOUNTAIN PARK RGLPB48b30 THE SUMMIT OF ANAHEIM NILLB 1 OR RCS B4A5-30 THE $NMMR Of ANAHEIM HILLS K'~~ I / //~ I\ \~ '-__. a sB ioo ® ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE. k~~ June 23, 2008 Subject Property Conditional Use Permit No. 4033 (Tracking No. CUP2008-05318) 8712 East Santa Ana Canyon Road 10553 ~,: - June 23, 2008 Subject Property Conditional Use Permit No. 4033 (Tracking No. CUP2008-05318} 8712 East Santa Ana Canyon Road ,oesa ATTACI~MEN'g' N®. 1 PROJECT SUMMARY' CONDITIONAL USE PERMIT NO. 4033 (Tracking No. CUP2008-05318) Development Standard"' Proposed Project Sycamore Canyom ~ "" Specific Plan ~ , Minimum Site Area 37 acres 4,000 s ware feet Minimum Parking 385 spaces existing 211 spaces required Minimum Building Setback Adjacent to Santa Ana Canyon Road N/A NIA East Property Line Minimum 135 feet 5 feet West Property Line Minimum 35 feet S feet South Property Line Minimum 35 feet 15 feet Maximum Lot Coverage 2% 45% ATTACHMENT N0.2 RESOLUTION N0. PC2004-39 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC98-98 ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT N0.4033 (8712 EAST SANTA ANA CANYON ROAD) WHEREAS, on June 22, 1998, the Anaheim City Planning Commission did, by its Resolution No. PC98-98, granted Conditional Use Permit No. 4033 to permit a 29,503 square foot church with. accessory day care center, fellowship hall, and multi-purpose building in conjunction with existing modular buildings. On July 19, 1999, revised plan were approved to permit a manufactured home for a parsonage and to amend or delete certain conditions of approval pertaining to landscaping and roof-mounted equipment in conjunction with the previously approved church. On March 1, 2004, staff determined that a 5,611 square foot addition to the fellowship hall was in substantial conformance with previously-approved plans. WHEREAS, on July 6, 1988, the Anaheim City Planning Commission did, by its Resolution No. PC88-183, granted Conditional Use Permit No. 3032 to permit asemi-enclosed "garden church", including 5 temporary modular buildings, an outdoor amphitheater and stage for a period of three years was approved by the Commission on July 6, 1988, to expire on July 6, 1991. On July 15, 1991, Conditional Use Permit No. 3032 was amended by the Commission to modify the conditions of approval pertaining to time limitations to allow the church to remain until May 16, 1999. This conditional use permit was reinstated by Commission on July 7, 1999, and the time limitation was eliminated. WHEREAS, on February 1988, the Anaheim City Council, by its Resolution No. BBR-69 and, adopted Sycamore Canyon Specific Plan NO. SP88-1 to provide for the development of a planned community consisting ofsingle-family residences, condominiums, a commeroial shopping center, parks, community facilities (including a fire station, police station, and library), and open space areas. WHEREAS, Resolution No. PC98-98, adapted in connection wqh subject use permit, includes the following condition of approval: "9. That church activities shall not begin before 9 a.m. and shall end before dusk or by 8 p.m., whichever is later, except on religious holidays (not to exceed ten (10) days per calendar year). i6. That within a period of five (5) years from the date of this resolution, the existing modular buildings (except for the dressing room and restroom located adjacent to the outdoor chapel at the western portion of the property) shall be removed from this property." WHEREAS, the petitioner has requested to amend said condition of approval. WHEREAS, this property is curren8y developed with a partially developed with a church, including modular buildings, a parsonage, biblical theme garden and water feature, and an outdoor chapel; the Anaheim General Pian designates this property for Open Space :land uses; WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 5, 2004, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 16.03, to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: CR1PC2004-039 -1- PC2004-39 1. That the proposed use, as amended, is properly one for which a conditional use permit is authorized by the Zoning Code, or that said use is not listed therein as being a permitted use; _ 2. That the proposed use, as amended, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; 3. That the size and shape of the site for the proposed use, as amended, is adequate fo allow full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare; 4. That the traffic generated by the proposed use, as amended, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit roof-mounted equipment in conjunction with an expansion of an existing multi-purpose building and to determine substantial conformance with previously-approved exhibits for an existing church and to amend or delete a condition of approval pertaining to a timeilmitation for four (4) existing modular buildings, and to further allow the establishment of four (4) additional modular buildings for accessory church activities and modify hours of operation and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 4033 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independentjudgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does herebyamend, in its entirety, the conditions contained in Resolution No. PC98-98 to read as follows: 1. That within a period of ten (10) years from the date of this resolution, the modular buildings (except for the dressing room and restroom located adjacent to the outdoor chapel at the western portion of the properly) shall be removed from this property. In the event that permanent facilities to replace the modular buildings are built during the ten (10) year period, the temporary modulars shall be removed within sixty (60) days of the occupancy of the permanent facilities. 2. That all outdoor church activities shall not begin before 9 a.m. and shall end before dusk or by S p.m., whichever is later, except on religious holidays (not to exceed ten (10) days per calendar year). 3. That no outdoor amplified sound systems shall be installed on the subject property, and that all outdoor events shall comply with the requirements of Chapter 6.70 "Sound Pressure Levels" of the Anaheim Municipal Code. 4. That prior to issuance of any Special Events Permit for outdoor activity on this property, the petitioner shall obtain a Special Circumstance Waiver from the Zoning Administrator. 5. That trash storage area(s) shall be provided and maintained in locations acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as clinging vines or tall shrubbery. -2- PC2004-39 6. That an on-site trash truck turn-around area shall be provided in accordance with Engineering Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. 7. That gates shall not be installed across any driveway or private street in a manner which may atlversely affect vehicular traffic on the adjacent public street. Installation of any gates shall conform to the Engineering Standard Plan No. 609 and shall be subject to review and approval by the Ci[y Traffic and Transportation Manager prior to issuance of a building permit. 8. That if necessary, the legal property owner shall provide the City of Anaheim with a public utilities easement along/across high and low voltage lines crossing the private property, and around all pad- mounted transformers, switches, capacitors. Said easement shall be submitted to the City of Anaheim .prior to connection of electrical service. 9. That the legal property owner shall be required to pay for an underground line extension to the nearest electrical source that has the capacity to serve the loads of th(s project. Any required relocation of City electrical facilities shall be at the property owner's expense. Landscape and handscape screening of all pad-mounted equipment shall be required and outside the easement area of the equipment. 10. That alt air conditioning facilities and all other ground mounted equipment shall be fully shielded from. view and the sound buffered from adjacent residential properties. Such information shall be speciFlcally shown on the plans submitted for building permits. No roof mounted equipment shall be permitted. 11. That lighting of slgnage for subject property shall be prohibited between the hours of midnight and 6:30 a.m. as specified by Zoning Code Section 18.05,091.052, unless a variance is applied for and granted. All new slgnage visible from off-site shall be subject to review and approval of the Planning Commission as a "Reports and Recommendations" agenda item. 12. That no outdoor lighting for the parking lot, driveways, athletic fields or buildings shall be installed prior to a review and approval of a comprehensive lighting plan by the Planning Commission as a "Reports and Recommendations" agenda item. That any future light fixtures shall bedown-lighted and directed away from adjacent residential property lines to protect the residential Integrity of the area and shall be so-.specified on the plans submitted for permits. 13. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Revision No. 2 of Exhibit No. 1 and F~chibit Nos. 2 through 15, and as conditioned herein.an~-t shat4-bed 14. That prior to issuance of a building permit or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 5, 6, 7, 8, 9 and 10, above-mentioned, shall be complied with. Extensions for further time to complete said cbndRions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 15. That prior to final building and zoning inspeckions, Condition No. 13, above-mentioned, shall be complied with. 16. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations, Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. -3- PC2004-39 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 4, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.03, "toning Provisions - General" of the Anaheim Municipal Code pertaining to appeal proce ures and maybe replaced by a City Council Resolution in the event of an appeal. ~ ~® ~ ~ ~ ANAHEIM CITY A COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on April 5, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSIINICK, EASTMAN, O'CONNELL, ROMERO, VANDERBILT-LINARES NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: BUFFA, FLORES IN W ITNESS WHEREOF, I have hereunto set my hand this o~-P~ day of ~,o r: L , zooa. ea ~_ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2004-39 Apol b8, 2008 City of Anaheim, Planning Dept. Planning Services D?vision 200 S. Anaheim Blvd. Anaheim, CA 92805 To Whom It May Concern, This letter-is being written to describe the basis and impact of our proposed modification of Kindred Community.. Church's current CUP with the City of Anaheim for the operation of our church facility. We are requesting the approval of the addition of three modular classrooms on oucproperty to meet the need for additional Sunday School classroom space. , This need has been created primarily by ah Insufficient amount of classroom area available to house the total number of young people who are attending church with their families on an average Sunday,moming. It should be noted that these modular buildings'wiil be installed in locations that will have no impact on the number of parking stalls that are currently present on the property. In addition, their proposed locations will not have an adverse impact on the visual aesthetics of the property. Finally, the need for more Sunday School classroom space should not impact the total traffic count entering the property as the children who will be housed in the majority of this additional space are traveling with adult parents to church for Sunday services. lNe respectfully request the City of Anaheim's approva( of cur proposed amendment, as it will improve our facility and operation significantly, withoutcausing any appreciable Impact to our property or surrounding neighborhood properties. Thank you in advance for your thoughtful consideratioh of this amendment. 'CordiallG y, /~ JW,,,(, Jl~/} ^~~ Mark Uaugh Administrative Pastor 17853 BANT~~A C3CBLV C. REACHING THE WCRLC WITH THE WORD ~ 714.282.9941 SUITE 107-247 WWW. KINCREO COMMIJ NITYCHLJ RC H.C RO 714.474.4335 VILLA PARK, GA 92861 I~ I I~ D F~ E D ~~~~c ~~ ~®. 3 COMMUNITY CHURCH l ATTACHMENT NO. 4 [DRAFT] RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT APREVIOUSLY-APPROVED CEQA NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT N0. 4033 AND AMENDING RESOLUTION NO. PC98-98, AS PREVIOUSLY AMENDED ($712 EAST SANTA ANA CANYON ROAD) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for an amendment to previously-approved Conditional Use Permit No. 4033 to add three modular units to an existing church for Sunday school classrooms for certain real property in the City of Anaheim, County of Orange, State of California, shown on Exhibit A, attached hereto and incorporated herein by this reference. WHEREAS, on June 22, 1998, the Anaheim City Planning Commission, by its Resolution No. PC98-98, did approve Conditional Use Permit No. 4033 to permit a 29,503 square foot church with an accessory day care center, fellowship hall, and multi-purpose building in conjunction with existing modular buildings; and WHEREAS, on July 19, 1999, the Anaheim City Planning Commission, by its Resolution No. PC99-131, did approve an amendment to Conditional Use Permit No. 4033 to permit revised plans for a manufactured home for a parsonage and amend requirements pertaining to landscaping and roof-mounted equipment, and did amend the conditions of approval of Resolution No. PC98-98 adopted in connection therewith, and WHEREAS, on March 1, 2004, staff determined that a 5,611 square foot addition to the fellowship hall was in substantial conformance with previously-approved plans; and WHEREAS, on April 5, 2004, the Anaheim City Planning Commission, by its Resolution No. PC2004-39, did approve an amendment to Conditional Use Permit No. 4033 to modify the time limitation for four (4) existing modular buildings, and to further allow the establishment of four (4) additional modular buildings for accessory church activities and modify hours of operation, and did amend the conditions of approval of Resolution No. PC98-98 adopted in connection therewith; and WHEREAS, Condition No. 1 of Resolution No. PC98-98, as subsequently amended by Resolution No. PC2004-39, states: That within a period of ten (10) years from the date of this resolution, the modular buildings (except for the dressing room and restroom located adjacent to the outdoor chapel at the western portion of the property) shall be removed from this property. In the event that permanent facilities to replace the modular buildings are built during the ten (] 0) year period, the temporary modulars shall be removed within sixty (60) days of the occupancy of the permanent facilities. -1- PC2008-*** WHEREAS, the applicant has requested an amendment ko Conditional Use Permit No. 4033 to amend Condition No. 1 to permit three additional modular units to be used for Sunday school classrooms and to modify the ten (10) year limitation; and WHEREAS, this property is currently developed with a church, including modular buildings, a parsonage, biblical theme garden and water feature, and an outdoor chapel; and WHEREAS, the Anaheim General Plan designates this property for Open Space land uses and this property is located in the SP88-1 (Sycamore Canyon Specific Plan), Development Area 9 (Single-Family Residential) zone; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 23, 2008, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit with a waiver of minimum number of parking spaces 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 an amendment to the conditional use permit to permit three additional modular classrooms and modify the time limitation is permitted under authority of Code Section 18.60.190; 2. That an amendment to the conditional use permit to permit three additional modular classrooms and amend the time limitation for the modular buildings will not adversely affect the adjoining land uses or the growth and development of the area because the requested modular units would be located adjacent to existing modular buildings and the existing modular buildings have not affected the surrounding area; 3. That the size and shape of the site for the church, as amended, is adequate to allow full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare because a large portion of the site would remain continue to remain undeveloped; 4. That granting of the amendment to 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 because the requested modular units would be accessory to the existing church operations; 5. That the traffic generated by the church, as amended, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because a negligible increase in vehicles is anticipated with the addition of modular buildings; and -2- PC2008-*** 6. That *** indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to the subject petition. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 4033 iS adequate to serve as the required environmental documentation in connection with this request. BE IT FURTHER RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby approve the proposed amendment to Conditional Use Permit No. 4033 to permit three additional modular classrooms and remove the ten (10) yeaz time limitation as requested by the applicant. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby amend, in their entirety, the conditions of approval adopted in connection with Planning Commission Resolution No. 98-98 approving Conditional Use Permit, as follows: No. Conditions of Approval )iesponsible for Monitorin GENERAL , . 1 Tliat all temporazy modulaz buildings (except for the dressing Planning room and restroom located adjacent to the outdoor chapel at the western portion of the property) shall be removed from the property within sixty (60) days of the occupancy of the permanent facilities. 2 That a building pernut shall be obtained for the proposed Building modular units. 3 That since the west modulaz building requires a retaining wall, Public Works - appropriate access and drainage devises, the applicant shall obtain Development a grading pemut. The grading plans must show drainage patterns Services and the accessible path of travel for the proposed modulaz classroom. 4 ThaYall outdoor church activities shall not begin before 9 a.m. .Code Enforcement and shall end before dusk or by 8 p.m., whichever is later, except on religious holidays (not to exceed ten (10) days per calendaz year). 5 That no outdoor amplified sound systems shall be installed on Code Enforcement the subject property, and that all outdoor events shall comply with the requirements of Chapter 6.70 "Sound Pressure Levels" of the Anaheim Municipal Code. -3- PC2008 *** 6 That prior to issuance of any Special Events Permit for outdoor Planning activity on this property, the petitioner shall obtain a Special Circumstance Waiver from the Zoning Administrator. ~ 7 That trash storage area(s) shall be maintained in locations Public Works - acceptable to the Public Works Department, Streets and Streets and Sanitation Division, and in accordance with approved plans on Sanitation file with said Department. Said storage azeas shall be designed, j located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage azeas shall be protected from graffiti opportunities by the use of plant materials such as clinging vines or tall shrubbery. 8 That an on-site trash truck tum-around area shall be maintained Public Works - to the satisfaction of the Public Works Department, Streets and Streets and Sanitation Division. Sanitation 9 That gates shall not be installed across any driveway or private Public Works - street in a manner which may adversely affect vehiculaz traffic Traffic and I on the adjacent public street. Installation of any gates shall be Transportation subject to review and approval by the City Traffic and Transportation Manager prior to issuance of a building permit. 10 That all air conditioning facilities and all other ground mounted Planning equipment shall be fully shielded from view and the sound buffered from adjacent residential properties. Such information shall be specifically shown on the plans submitted for building permits. No roof mounted equipment shall be permitted. 11 . That lighting of signage for subject property shall be prohibited Code Enforcement between the hours of midnight and 6:30 a.m. All new signage visible from off-site shall be subject to review and approval of Planning the Planning Commission as a "Reports and Recommendations" agenda item. 12 That no outdoor lighting for the parking lot, driveways, athletic Planning fields or buildings shall be installed prior to review and approval of a comprehensive lighting plan by the Planning Commission as a "Reports and Recommendations" agenda item. That any future light fixtures shall be down-lighted and directed away from adjacent residential property lines to protect the residential integrity of the azea and shall be so-specified on the plans submitted for permits. -4- PC2008-*** 13 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 marked Revision No. 3 of Exhibit No. 1 and Exhibit Nos. 2 through 15, and as conditioned herein. 14 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 requirement. BE IT FURTHER RESOLVED, that except as amended herein Planning Commission Resolution No. PC98-98, as previously amended, remains in full force and effect. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declazed invalid or unenforceable by the final judgment of the 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/applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice, prior to the issuance of building permits or commencement of activity for this project, whichever occurs first. Failure to pay all chazges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 23, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18:60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and maybe replaced by a City Council Resolution in the event of an appeal. CHAIltMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -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 June 23, 2008, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: .SBSENT: COMMISSIONERS: IN WITNE55 WHEREOF, I have hereunto set my hand this day of 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -6- PC2008 *** Subject Property Conditional Use .Permit No. 4033 Tracking fVo. CUP 2008-05318 8712 East Santa Ana Canyon Road 1-0553 o so iao Source: RecoNed Trecl Maps and/or Ciry GIS. ~~ Please note the accuracy Is +/- two to five feel. ...........................................o_...._._..._.._.. _....____._ ~~o ~MN ?® ~P0 OFF~GEBU~ SNOpp1 \ ~EN,~ ~°'~ ~ Z FPRK NG gTR~DtUFtE /DGIDM` 1 sMP~ s SH~PU q5D ®o e ®m ® e ® BR~P®®W P® _~°\~A r j DU C B ym ~e o 2~~ m ~; N a ~ ~ ~x ~'m ~~ e - - 0 50 100 FeP. June 23, 2008 Subject Property 4Z7 Tentative Tract Map No. 17251 Z o ~ ® O ® m G v ®~ o ®°O 0 o ~ aMP~~ ~ ANp,F1E M G,~ Hp,`l 203 South Anaheim Boulevard, 290 South Lemon Street and 180 West Center Street ~oesz l June 23, 2008 Subject Property Tentative Tract Map IVo. 17251 203 South Anaheim Boulevard, 290 South Lemon Street and 180 West Center Street 10552 ATTACIIINIENT NO. 1 pROJECT SUMMARY TENTATIVE TRACT MAP NO. 17251 Lot'. I!Ioors' i7se Owner A Ground Veteran's Memorial ARA 1 Subterranean Land below pazking structure ARA 2 Ground level and underground paz~ structure g ARA 3 Ground Public Plaza ARA 4 151 Floor Retail CIM 5 15 Floor Retail CIM 6 15` Floor Retail CIM 7 15` Floor Cultural Center (Muzeo) ARA 8 151- 2" Floors Residential CIM 9 151- 5` Floors Residential -CIM 10 151- 5 Floors Residential CIM 11 Area 25 ft. above residential lots Roof CIM 12 Area above Lot 11 Airs ace CIM 13 Ground Trash staging azea CIM ARA -Anaheim Redevelopment Agency CIM Group -Owner/developer of mixed use project [~RAF'I'] .~'J<'TAC 1~1'I' 1V®. 2 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT EIR NO. 189 -ADDENDUM TO KOLL ANAHEIM CENTER (PREVIOUSLY CERTIFIED) IS THE APPROPRIATE ENVIRONMENTAL,... DOCUMENTATION FOR THE PROJECT AND APPROVING TENTATNE TRACT MAP NO. 17251 (203 SOUTH ANAHEIM BOULEVARD, 290 SOUTH LEMON STREET, AND 180 WEST CENTER STREET} WHEREAS, the Anaheim Planning Commission did receive a verified Petition for a Tentative Tract Map for certaisreal 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, Tentative Tract Map No. 17251 is proposed to establish a 14-lot (1- lettered and 13-numbered) airspace subdivision for an existing mixed use project; and WHEREAS, this property is developed with a mixed use project consisting of a public plaza on the podium deck, a parking structure below the podium deck, and three separate buildings constructed .above the podium deck. The property is zoned General Commercial, Downtown Mixed Use Overlay (C-G (DMU)). The General Plan designates the subject property and adjacent properties for Mixed Use land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on .June 23, 2008, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed tentative tract map, including its design and improvements, is consistent with the Anaheim General Plan and the General Commercial (C-G), Downtown Mixed Use (DMU) Overlay zone. 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 *** correspondence was received in opposition to the subject petition. - 1 - PC2008 *** WHEREAS, the~City Council certified Environmental Impact Report No. 189 and Addendum in connection with the Koll Anaheim Center. This EIR and Addendum was previously-considered by the Planning Commission in July of 1994, in connection with approval of CUP 3695 (Disney Ice Rink) and in June of 1990, in connection with approval of CUP 3286 (Koll Anaheim Center), Reclassification No. 89-90-59, and Development Agreement No. 90-1. The Anaheim Center is a portion of the larger Downtown Sub-azea of Redevelopment Project Alpha. Over time, a series of environmental documents have been certified in connection with various redevelopment activities within the Downtown Sub-area of Redevelopment Project Alpha. The previously-certified environmental documents consist of Final Subsequent EIR for the Second Amendment to the Redevelopment Plan for Redevelopment Project Alpha (1976); Supplemental EIR for Project Alpha Pazcel 10 (1983); Subsequent EIR for Pazcels 8 and 9 (1983); and the most recent Addendum to the Koll Anaheim Center (1990). The Addendum for Koll Anaheim Center summarized and evaluated the approved mitigation measures from the previously-certified EIR's that directly related to the Koll Anaheim Center project and included additional traffic and sewer analysis. The previously-approved environmental documents are considered to have evaluated the worst case scenario. As a result of this previous certification, the Koll Anaheim Center is currently entitled for 1,189,000 squaze feet of total development, including office, restaurant, retail, theater and hotel uses. However, the amount of development that has actually occurred within the Koll Anaheim Center to date only totals approximately 560,000 squaze feet, including office, retai]/restaurant and recreational (ice rink) uses. Therefore, the actual scope of development on Pazcels A, B, C and D is within the worst-case thresholds analyzed in the previously-certified environmental documentation. Therefore, the previously-certified EIR No. 189 and Addendum is adequate to serve as the required , environmental documentation for this proposal and satisfies all of the requirements of CEQA, and no further environmental documentation need be prepazed for the proposed project actions. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby grant subject Petition for Tentative Tract Map No. 17251 upon the following conditions which aze hereby found to be a necessary prerequisite to the proposed use of the subj ect 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 Monitorin PRl'OR TO APPRO PAZ OF FINAL TRACT MAP., u 1 That an unsubordinated restricted covenant providing reciprocal Planning access and parking, approved by the Planning Department and in a form satisfactory to the City Attorney, shall be recorded with the Office of the Orange County Recorder. A copy of the recorded covenant shall then be submitted to the Planning Department. In addition, provisions shall be made in the covenant to guazantee that the entire complex shall be managed and maintained as one (1) integral pazcel for purposes of parking, vehicular circulation, signage, maintenance, land usage and azchitectural control, and that the covenant shall be referenced in all deeds transferring all or any part of the interest in the property. - 2 - PC2008-*** 2 The final map shall be submitted to and approved by the City of Public Anaheim and the Orange County Surveyor and then shall be Worlcs recorded in the Office of the Orange County Recorder (Subdivision Map Act, Section 66499.40). 3 That timing for compliance with conditions of approval maybe Planning amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 4 That extensions for fiuther time to complete conditions of Planning approval maybe granted in accordance with Section 18.60.170 ~ of the Anaheim Municipal Code. ' 5 That approval of this application constitutes approval of the Planning I proposed request only to the extent that it complies with the i Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include .any action or findings as to compliance or approval of the request regazding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all chazges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 23, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and maybe replaced by a City Council Resolution in the event of an appeal. ATTEST: CHAIRMAN, ANAHEIM PLANNING COMMISSION 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 June 23, 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-*** 6RCP~~PY \- '-~ -----~y o so soo ke Subject Property Tentative Tract fVlap IVo. 17251 203 South Anaheim Boulevard, 290 South Lemon Street and 180 West Center Street 117552 Source: Recorded Tract Maps and/or Cily GIS. Please note the accuracy is +/- two to five (eel. ® ~ a ~ • ~ SP 92-2 o B ~ 0 uQ ~~ OFFICES o °p m RM-2 CONDOMINIUMS 0 gQ @ K 6 ® ~~ W y MIRA CT CUTTY WAY • ° J it v ip~ ~~ ~ B ~ O SP 92-2 = p ° m SMALL SHOPS i o RM-2 ~ ~ ~ CONDOMINIUMS r ®~ o ~ ~ p 95 DU ~ RM-2 9= ~ m ~ ~ SMOKETREE TOWNHOMES 9Z u ~ 0 123 DU ¢ ~ ~ T, SP 92-2 ~ Z SMALL SHOPS o RM-2 B ~ a EL TA O c ~ C ® RESTAURANT u ~ 1 ~ RCL 59fi0.115 c p VAR 3180 S ~ SP 92-2 p • ~ SP 92-2 ~ ' MI5 2008-00240 ~ PCN 2008-00044: ~ o GOODYEAR 1 u SMALL SHOPS PCN 98-02 ~ ~ TIRE CO. SMALL SJiOPS , p a 8 m. g.. ®..®..®..®..®.. ..®.. ®e .®..®..m..m..® •®• .o,.®..®.. m• ..®..®..®..m..®..®..~..®..® ~ ' ~ ~ CHAPMAN AVENUE - -324 373"-- __ a so iw k~~ June 23, 2008 -' Subject Property Public Convenience or Necessity No. 2008-00044 511 West C man Avenue 10561 June 23, 2008 Subject Property Public Convenience or Necessity No. 2008-00044 511 West Chapman Avenue ,oss~ ~` '0° Aerial Photo: K ; July 7.008 (IDRAFT] ATTACHMENT NO. 1 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CEQA CATEGORICAL EXEMPTION, CLASS 1 AND DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2008-00044 FOR AN EXCHANGE OF AN ALCOHOLIC BEVERAGE LICENSE FROM A TYPE 20 TO A TYPE 21 LICENSE (511 WEST CHAPMAN AVENUE) 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 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 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 Anaheim Planning Commission did receive an application for a Determination of Public Convenience or Necessity to permit the exchange of an existing Type 20 ABC beer and wine license to a Type 21 ABC license allowing off-sale of beer, wine and distilled spirits as an ancillary use to an existing convenience mazket for certain realproperty situated in the City of Anaheim, County of Orange, State of California, as more particularly described in Exhibit "A" attached hereto and incorporated by this reference. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 23, 2008, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the existing business is a legal non-conforming use. Conditional Use Permit No. 3055 was approved by the Planning Commission on August 29, 1988, to permit a convenience market in an existing commercial retail center located within the General Commercial (CG) zone with fewer parking spaces than allowed by code. In 2005, the property was reclassified to the Anaheim Resort Specific Plan Zone and the business became legal nonconforming as convenience stores are not permitted within the Anaheim Resort Specific Plan zone. On February 24, 2008, the Zoning Administrator approved Miscellaneous Permit No. 2008-00240 to modify a nonconforming use to exchange an existing Type 20 ABC beer and wine license to a Type 21 ABC license allowing off-sale of beer, wine and distilled spirits as an ancillary use to the convenience market. -1- PC2008-*** 2. That California State Law requires a Determination of Public Convenience or Necessity when property is located in a police reporting district with a crime rate above the city..,..... average; and that Section 23958 of the 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 issuance of a license. 3. That Resolution No. 95R-134 authorizes the City of Anaheim Police Department to make recommendations related to the public convenience or necessity determinations; and that 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 area. 4. That the subject property is located in Reporting District 2225 which has a crime rate of 145 percent above the City average. The property is also located within Census Tract No. 884.03 which has a population of 6,514. This census tract allows for four licenses and there are currently nine licenses in the tract (three licenses are located in Anaheim and six licenses are located in the City of Garden Grove). 5. That there aze no schools or public parks adjacent to or within 500 feet of the subject site. 6. That there are ABC licenses for off-premises sale and consumption in the neazby vicinity of the subject site located in the City of Gazden Grove; however, the conditions of approval will ensure that approval of this request will not adversely affect any adjoining land use or the growth and development of the surrounding area. 7. That the owner proposes to "surrender" his current Type 20 license and will obtain a new Type 21 license. Therefore, there will not be a net increase in the number of ABC licenses within the applicable Census Tract. 8. 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. 9. That alcoholic beverage sales for off-premises consumption will be accessory to the general retail sales of the existing convenience market. The retail store with accessory alcoholic beverage sales will provide a convenience to patrons visiting the retail center and The Anaheim Resort for various types of merchandise, dining, recreational activities, .and personal services. Therefore, the requested off sale license will not be detrimental to the area provided that restrictions on the sales of alcoholic beverages are included in the approval. 10. That the sale of liquor will continue to be an ancillary component of the business and the primary focus of the operations will be on maintaining a convenience store where residents and tourists alike will be able to purchase everyday necessities such as perishable goods, general household products, packaged food products, and hot and cold beverages. -2- PC2008-*** 11. That the Anaheim Police Department does not oppose the proposed ABC License exchange and recommends condirions of approval that aze included below. 12. That *** indicated their presence at the public hearing in opposition; and that *** correspondence was received in opposition to the subject request. WHEREAS, the proposed project falls within the definition of Categorical, - Exemptions, 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 Tf RESOLVED that the Anaheim Planning Commission does hereby determine that the :public convenience or necessity will be served by the exchanging of the ABC license for the business from a Type 20 to a Type 21 license based upon 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 welfare of the Citizens of the City of Anaheim: No. Conditions of Approval Responsible for Monitoring GENERAL 1 That there shall be no exterior advertising or sign of any kind or Police/Code type, including advertising directed to the exterior from within, Enforcement 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. 2 That no display of alcoholic beverages shall be located outside Police/ Code of a building or within five (5) feet of any public entrance to the Enforcement building. 3 That the azea of alcoholic beverage displays shall not exceed Police/Code 35% of the total display area in a building. Enforcement 4 That sale of alcoholic beverages shall be made to customers only Police/Code when the customer is in the building. Enforcement 5 That no person under 21 years of age shall sell or be permitted to Police/Code sell alcohol without someone 21 yeazs of age or older present. Enforcement 6 That beer and malt beverages shall not be sold in packages Police/Code containing less than a six (6) pack, and wine coolers shall not be Enforcement sold in packages containing less than a four (4) pack. No other wine shall be sold in bottles or containers of less than 750 ml. The sale of beer or malt beverages in quantities of quarts, 22 oz., 32 oz., 40 oz., or similar size containers shall be prohibited. -3- PC2008-*** 7 That the possession of alcoholic beverages in open containers Police/Code and the consumption of alcoholic beverages are prohibited on or Enforcement around these premises. 8 . That the pazking lot of the premises shall be equipped with Police/Code lighting of a minimum 1 foot candle power to illuminate and Enforcement make easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. 9 That there shall be no amusement machines, video game Police/Code devices, or pool tables maintained upon the premises at any Enforcement time. 10 That there shall be no public telephones on the property that are Police/Code located outside the building and within the control of the Enforcement .applicant. 11 That the gross sales of alcoholic beverages shall not exceed 35 Police/Code percent of all retail sales during any three (3) month period. The Enforcement applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items.. These records shall be made available for inspection by any City of Anaheim official when requested. 12 That the petitioner shall be responsible for maintaining the azea Police/Code adjacent to the premises over which they have control, as Enforcement depicted on Exhibit 1, in an orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti painted or marked upon the premises or on any adjacent azea under the control of the licensee shall be removed or painted over within 24 hours of being applied. 13 That the rear door(s) shall be kept closed at all times during the Police/Code operation of the premises except in the cases of emergency and to Enforcement permit deliveries. Said door(s) shall not consist entirely of a screen door or venfilated security door. 14 That signs shall be prominently posted at the wine storage and the Police/Code cash register azea reading; "Wine coolers may be purchased on Enforcement these premises only in quantities of a four-pack or more." -4- PC2008 *** 15 That subject property shall be developed substantially in Planning accordance with plans and specifications submitted to the City - ofAnaheim bythe petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. 16 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 regazding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that 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 Cade. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all chazges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 23, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and maybe replaced by a City Council Resolution in the event of an appeal. CHAII2MAN, 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 Tune 23, 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-*** v MIRA CT CUTTY WAY 0 v ° ~ ~ ~ ~ m e ~( ~o e w 0 y -~ v O o o e ~ ~~o e O i m ~ Q o o, N ~ T ~L N a e 3T2 7u '~nomoo®eo POOemaa®aumno®uumoo®aomao®no®oomoom oo®oumuo®om®oc®comoemoomoomnomnar o so iou rce~ Subject Property Public Convenience or Necessity No. 2008-00044 511 West Chapman Avenue Source: Recorded Tract Maps and/or City GIS. Please note the accuracy Is +/- two to five feet. 1056'1 CHAPMAN AVENUE City of Anaheim aT~raexM~NT No. z P®I.ICE DEPAIS~'1VIEl®i'T Special Operations Division To: Dave See Planning Department From: Lieutenant Don Klein Vice, Narcotics, and Criminal Intelligence Bureau Commander Date: June 6, 2008 RE: PCN 2008-00044 The Orange 511 W. Chapman Anaheim, CA 92802 The Police Department has received an LU.L. Route sheet ror rcN File 2008-00044. The applicant is requesting to upgrade an existing type 20 beer and wine alcoholic beverage and control license to a type 21 general alcoholic beverage and control license. The location is within Reporting District 2225, which has a crime rate of 145 percent above average. It is also within census tract 884.03, which has a population of 6,514. This population allows for 7 On Sale Alcoholic Beverage Control Licenses and there are presently 7 licenses in the tract. This population also allows for 4 Off Sale Alcoholic Beverage Control Licenses and there are presently 9 licenses. This will not be an additional license in this tract. The owner will surrender his current license and get the new 21 type license. The total amount will remain the same. The Reporting District to the north of this location is 2125 with a crime rate of 190 percent above average. The Reporting District to the south is the City of Garden Grove. The Reporting District to the east is 2226 with a crime rate of 11 percent below average. The Reporting District to the west is Garden Grove. The Police Department does not oppose this request. We do request that the following conditions are placed on the CUP: 1) There shall be no exterior advertising or sign of any kind or 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 are clearly visible to the exterior shall constitute a violation of this condition. Anaheim Police Dept. 425 S. Harhor Blvd. Anaheim, CA 9?805 TEL: 7I4.765.I901 FAX: 714.765.16(5 Memorandum Dave See The Orange 2) No display of alcoholic beverages shall be located outside of a building or within five (5) feet of any public entrance to the building. 3) The area of alcoholic beverage displays shall not exceed 25% of the total display area in a building. 4) Sale of alcoholic beverages shall be made to customers only when the customer is in the building. 5) No person under 21 years of age shall sell or be permitted to sell alcohol without someone 21 years of age or older present. 6) The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are .prohibited on or around these premises. 7) The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. 8) There shall be no amusement machines, video game devices, or pool tables maintained upon the premises at any time. 9) There shall be no public telephones on the property that are located outside the building and within the control of the applicant. 10) The gross sales of alcoholic beverages shall not exceed 35 percent of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be made available for inspection by any City of Anaheim official when requested. 11) Any Graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 12) The petitioner shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control, as depicted.. Page 2 Memorandum Qave See The Orange 13) Wine shall not be sold in bottles or containers smaller than 750 ml, and wine-coolers, beer coolers must be sold in manufacturer pre-packaged multi-unit quantities. 14) Hours of operation are to continue to be limited to 10:OOpm. 15) The sale of beer or malt beverages in quantities of quarts, 22 oz., 32 oz., 40 oz., or similar size containers is prohibited. 16) Beer and malt beverages shall not be sold in packages containing less than a six (6) pack, and wine coolers shall not be sold in packages containing less than a four (4) pack. Please contact Sgt. Allan Roman at extension 1451 if you require further information in regards to this matter. f:\homeMmirwin\CUP\2008-00044 PCN 511 W Chapman.doc Page 3 AT"I'AC~3IVIEI~I'1' I~10.3 v ~a e9 <~ vo ~~ .y v ~ o~ m~ ~ o o v~ ' '° °' o E p0 .. '~ o"° ~i ° v . . ~ ~ ~ v . ~ o p N a.0 3 oL°'ti & ai a e E o.r~n a a z ~ ~ N + ~ ~ C O ~ ~ o n: ~ N > ~ ii < ~. 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June 23, 2008 Zoning Code Amendment No. 2008-00067 de Yb Pi 9 e9 ~a' r " a 10549 C kw x5 'oyff ow o0 0. ~0 w 'gym ~m 4i mm w~ ~~ 5S~ 'w ~~ Date of Aariel Photo: July 2006 June 23, 2008 Zoning Code Amendment No. 2008-00067 Citywide ~e~sJ 10551 o AP-RGPi~ C-G CAR DEALERSHIP C-G CAR DEALERSHIP WF~R\cgNVOQ ~~AD o sa xao recc June 23, 2008 ? Subject Property Reclassification No. 2008-00217 8300 - 8306 East La Palma Avenue Southeast Comer of Weir Canyon Road and La Palma Avenue ~J0 O~ ~l`'~P~ ~'~ V z~ss CENI~DDR GVERIPY ZDNE S June 23, 2008 Subject Property Raclassifcatiot~ No. 2008-00217 8300 - 8306 East La Palma Avenue Southeast Corner of Weir Canyon Road and La Palma Avenue 27fifi ~~ ~.w Aerial Photo: F::~: .i::n~ ~nnF DRAFT ATTACHMENT NO.1 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING RECLASSIFICATION NO. 2008-00217 AND DETERMINING THAT A PREVIOUSLY-APPROVED MTI'IGATED NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION FOR THIS REQUEST . (A 1.95-ACRE PORTION OF 8300 AND 8306 EAST LA PALMA AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Reclassification for a portion of certain City-owned real property situated at 8300 and 8306 East La Palma Avenue in the City of Anaheim, County of Orange, State of California, as legally described in Exhibit "A", and as shown in Exhibit "B", 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 June 23, 2008 at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed reclassification and to investigate .and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That this is aCity-initiated reclassification of subject property from the General Commercial (C-G), Scenic Corridor (SC) Overlay zone to the Open Space (O-S), Scenic Corridor (SC) Overlay zone. 2. That the proposed Open Space (O-S), Scenic Corridor (SC) Overlay zone would be consistent with the property's existing Park land use designation of the General Plan. 3. That the proposed reclassification of subject property is necessary andlor desirable for the orderly and proper development of the community and would serve to preserve this property known to contain the federally-protected Coastal California gnatcatcher and habitat. 4. That the proposed reclassification of subject property does properly relate to the zones and their permitted uses locally established in close proximity to subject property and to the zones and their permitted uses generally established throughout the community. 5. That *** indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to subject petition. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission has reviewed the proposal and does hereby find and determine that the Mitigaked Negative Declaration previously-approved in connection with the Weir Canyon Road/La Palma - 1 - PC2008-*** Avenue Improvement/Restoration project is adequate to serve as the required environmental documentation in connection with this request upon finding [hat the declaration reflects the independent judgment of the lead agency and [hat it has considered the previously-approved Mitigated Negative Declaration together with any comments received during the public review - process and that there is no .substantial evidence that the reclassification will have a significant effect on the environment. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to exclude the above-described property from the General Commercial (C-G), Scenic Corridor (SC) Overlay zone and to incorporate said described property into the Open Space (OS), Scenic Corridor (SC) Overlay zone. BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject property; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole discretion. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 23, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIl2MAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CTI'Y OF ANAHEIM ) I, ,Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on June 23, 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 _ 2 _ PC2008-*** Q oeo mo Feet Subject Property W~/R CgNYpN . . \ ROAO o~`/ \~~ G~ y~~P.! Source: Recorded Tract Mapsand/or CityGlS. Please note the accuracy is +/- two to five feet. i y ~~ ti J ~. u oe 3 ti z~ss