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PC 2008/08/18aei lanrtin ~ssi n en a Nlonday, Auc>aust 18, 2008- Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California ® Chairman: Joseph Karaki ® Chairman Pro-Tempore: Panky Romero ® Commissioners: Peter Agarwal, Kelly Buffa, Gail Eastman, Stephen Faessel, Victoria Ramirez Call To Order 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 August 18, 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. available for public inspection in the Plannino Department located at Citv Mall 200 S Anaheim Boulevard. Anaheim California durino re4ular business hours ® Workshop -Presentation on Water Shortages ® Recess To Public Hearing ® Reconvene To Public Hearing 2:30 P.M. ® Pledge Of Allegiance ® Public Comments ® Consent Calendar • Public Hearing Items • Appointment of Commissioner Kelly Buffa as Historic Presentation Committee Liaison ® Adjournment You may leave a message for the Planning Commission using the following e-mail address: planningcommissionra)anaheim.net H:\TOOS\PC Admin\PC Agendas\(08/18lO8).doc Anaheim Planning Commission Agenda - 2:30 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim Planning Commission or public comments on agenda items with the exception. of public hearing items. Consent Calendar: The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. Reports and Recommendations ITEM NO. 1A CEQA MITIGATED NEGATIVE DECLARATION Motion PREVIOUSLY APPROVED) AND CONDITIONAL USE PERMIT NO. 2007-05202 (Tracking No. CUP2008-05323) Owner Extron Electronics and 1230 South Lewis Street Applicant: Anaheim, CA 92805 Location: 1055 East Ball Road: This property is approximately 3.35 acres, located at the northwest corner of Ball Road and East Street with property frontages of 111 feet on the north side of Ball Road and 104 feet on the west side of East Street. Request a retroactive one-year extension of time to comply with Project Planner: conditions of a royal fora reviousl -a roved five sto offlCe ' PP P Y PP rY Kimberly Wong I<wong2(~anaheim.net and training building. Minutes ITEM 1C Receiving and approving the Minutes from the Planning Motion Commission Meeting of August 4, 2008. (Motion) NOTE: Meeting minutes have been provided to the Planning Commission and are available for review at the Planning Department. 08/18/08 Page 2 of 11 Public Hearina Items: ITEM NO. 2 Owner: NMC Anaheim, LLC Sanford Sigal 18801 Ventura Boulevard, Suite 300 Tarzana. CA 91356 Applicant: Joey Aliano Ultrasigns 9025 Balboa Avenue, Suite 150 San Diego, CA 92123 Location: 2280 East Lincoln Avenue: This property (Anaheim Town Square) is located at the southeast corner of Lincoln Avenue and State College Boulevard and is approximately 26.39 acres, having a frontage of 1,535 feet along the south side of Lincoln Avenue and 910 feet along the east side of State College Boulevard. Request to permit the replacement of two existing monument signs to add new electronic reader boards. Resolution Project Planner: Diane Bathgate dbathgate(a~anaheim. net p8/18/08 Page 3 of 11 ITEM NO. 3 CEQA ENVIRONMENTAL IMPACT REPORT NO. 330 AND ADDENDUM (PREVIOUSLY-CERTIFIED), AMENDMENT TO PREVIOUSLY-APPROVED CONDITIONAL USE PERMIT NO. 2006-05072 (Tracking No. CUP2008-05338) AND TENTATIVE TRACT MAP NO. 17295 Owner: Brookfield Olive Street, LLC 3090 Bristol Street, Suite 200 Costa Mesa, CA 92626 Applicant: Cheryl Stump Brookfield Homes 3090 Bristol Street, Suite 200 Costa Mesa, CA 92626 Location: (No Address). This property is located at the northeast corner of Olive and South Streets and is approximately 16.6 acres, having a frontage of 789 feet on the east side of Olive Street and 1,113 feet on the north side of South Street. Request to amend apreviously-approved conditional use permit and Final Tract Map to modify project site boundaries, building configurations and streets including a reduction in the number of dwelling units from 339 to 270 for an affordable single-family attached condominium planned unit development. The project requires a conditional use permit for a modification of development standards to provide a reduced building setback adjacent to future Public Street A and a Tier Two Incentive for fewer parking spaces than required by code. Resolutions Project Planner.' Elaine Thienprasiddhi ethien(o~anaheim. net 08/18/08 Page 4 of 11 ITEM NO. 4 ~7 SPECIFIC PLAN AMENDMENT NO. 2007-00051 VARIANCE NO. 2007-04742, FINAL SITE PLAN NO. 2007-00013 AND TENTATIVE PARCEL MAP NO. 2006-195: Owner: HICM LLC 18300 Von Karman Avenue, Suite 850 Irvine, CA 92612 Applicant: Springhill Suites Marriott Vicki Fetterman, Government Solutions 230 Newport Center Drive, Suite 210 Newport Beach, CA 92660 Location: 1240 South Walnut Street: This "L" shaped property is approximately 5.912-acres with a frontage of 407 feet on the south side of Ball Road and 294 feet on the east side of Walnut Street. Request to construct a new 120-room hotel. Proposed project actions include the following: Specific Plan Amendment No. 2007-00051 -Request to amend the Anaheim Resort Specific Plan to redesignate the project site hotel density from Low Density to Medium Density. Variance No. 2007-04742 -Request to permit less landscaping adjacent to an interior property line then required by code. Final Site Plan No. 2007-00013 -Request for approval of a Final Site Plan for the development of 120-room hotel within the Anaheim Resort Specific Plan zone. Tentative Parcel Map No. 2006-195 -Request to subdivide an existing parcel into two parcels. Resolutions Project Planner: Della Herrick dherrick(o~anaheim. net 08/1 B/OS Page 5 of 11 ITEM NO. 5 CEQA CATEGORICAL EXEMPTION, CLASS 3, AND CONDITIONAL USE PERMIT NO. 2008-05325 Owner Gerardo Bermudez and 704 South Lemon Street Applicant: Anaheim, CA 92805 Location: 704 South Lemon Street: This property is approximately 0.17 acre, having a frontage of 50 feet on the east side of Lemon Street, 80 feet south of the centerline of Stueckle Avenue. Request to permit the conversion of an existing single- family residence into a senior second dwelling unit and construct a new single-family residence in the Single- Family Residential (RS-2) zone. ITEM NO. 6 CEQA NEGATIVE DECLARATION AND RECLASSIFICATION NO. 2008-00218 Owner Anaheim Redevelopment Agency and 201 South Anaheim Boulevard, Suite 1003 Applicant: Anaheim, CA 92805 Location: 2748 West Lincoln Avenue: This property is approximately 1.7 acres, having a frontage of 125 feet on the south side of Lincoln Avenue and approximately 669 feet east of the centerline of Dale Street. Request to reclassify the property from the General Commercial (C-G) zone to the Multiple-Family Residential (RM-4) zone. Resolution Project Planner: Scott Koehm skoehm(a~ anaheim. net Resolution Project Planner: Kimberly Wong kwonp2(7a anaheim.net 08/18/08 Page 6 of 11 ITEM NO. 7 CEQA CATEGORICAL EXEMPTION, CLASS 1, AND CONDITIONAL USE PERMIT NO. 2008-05336 Owner: J & J Food Store, Inc. P.O. Box 2805 Fullerton, CA 92837 Applicant: Sherrie Olson PLRC 1030 North Mountain, Suite 190 Ontario, CA 91765 Location: 3174 West Ball Road: This property is approximately 0.30 acre, located at the southeast corner of Ball Road and Western Street, having a frontage of 112 feet on the south side of Ball Road and 105 feet on the east side of Western Street. Request to exchange and upgrade the ABC icense for an existing legal nonconforming convenience market from a Type 20 (Off-Sale Beer and Wine) license to a Type 21 (Off-Sale General) license. Resolution Project Planner: Kimberly Wong kwong2(~anaheim.net 08/18/08 Page 7 of 11 ITEM NO. 8 CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) AND CONDITIONAL USE PERMIT NO. 2008-05326 WITH A WAIVER OF CODE REQUIREMENTS (Tracking No. CUP2008-05345) 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 with a frontage of 389 feet on the south side of Julianna Street and 163 feet on the east side of Sabina Street. Request to permit automotive repairs and modifications in conjunction with apreviously-approved towing business, with fewer parking spaces than required by code. The approved towing business also includes a vehicle impound yard and an area for washing towed vehicles. Continued from the August 4, 2008 Planning Commission meeting. Resolution Project Planner: Kimberly Wong kwong2(a~ a nah eim. ne t os/1 a/os Page 8 of 11 ITEM NO. 9 CEQA DETERMINATION: SECTION 21080 PUBLIC 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 Gity 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. Continued from the June 23 and August 4, 2008, Planning Commission meetings. Motion Project Planner: Vanessa Norwood vnorwood(a~ anaheim. net Adjourn to Monday, Wednesday, September 3, 2008 at 1:00 P.M.for Preliminary Plan Review os/1 aloe Page 9 of 11 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 10:00 a.m. August 14, 2008 (TIME) (DATE) LOCATION: COUNCIL CHAMBER 'SPLAY 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. osil eioa Page 10 of 11 SCHEDULE 2008 September 3 (Wed.) ~~ ~~ September 15 ~~ September 29 October 13 October 27 November 10 November 24 December 8 December 22 (Cancelled) 08/18108 Page 11 of 11 Au ust 18, 2008 Subject Property Conditional Use Permit No. 2007-05202 (Tracking No. CUP2008-05323) 1055 East Ball Road s ,os6a ` ~~ Aerial Photo: _. ~. July 2006 ATTACHMENT NO. t RESOLUTION NO. PC2007-47 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05202 BE GRANTED (1055 EAST'BALL ROAD) WHEREAS, the Anaheim Planning Commission did receive a verified Petition far Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL A: PARCEL 2, OF PARCEL MAP NO. 98-248, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 313, PAGES 35 AND 36 OF PARCEL MAPS, RECORDS OF SAID COUNTY. RESERVING THEREFROM UNTO GRANTOR AND IT'S SUCCESSORS AND ASSIGNS, THE FOLLOWING: A. ANON --EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS FOR COMMON AND GENERAL DRIVEWAY PURPOSES OVER THAT PORTION OF SAID LAND DEPICTED AS "AN EASEMENT RESERVED FOR INGRESS AND EGRESS FOR COMMON AND GENERAL DRIVEWAY PURPOSE FOR THE BENEFIT OF PARCEL 1", ON THE AFORE-MENTIONED PARCEL MAP NO. 98-248, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FfLED PN BOOK 313, PAGES 35 AND 36 OF PARCEL MAPS; AND B. ANON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS PURPOSES TOGETHER WITH THE RIGHT TO GRANT OR TRANSFER SAME OVER THAT PORTION OF PARCEL 2, OF PARCEL MAP NO. 98-248, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PE MAP FILED IN BOOK 313, PAGES 35, AND 36 PF PARCEL MAPS, LYING WITHIN THAT PORTION DEPICTED AS "AN EASEMENT FOR INGRESS AND EGRESS PER O.R 11208/1927 & O.R. 12126/16", ON THE AFORE-MENTIONED PARCEL MAP. PARCEL B: A NON- EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER THAT PORTION OF PARCEL 1, OF PARCEL MAP NO. 98-248 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 313, PAGES 24 AND 36 OF PARCEL MAPS, LYING WITHIN THAT PORTION DEPICTED AS "AND EASEMENT FOR INGRESS AND EGRESS PER O.R. 11208/1927 & O.R. 12126/163", ON THE AFORE-MENTIONED PARCEL MAP. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 14, 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 Endings 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: Cr\PC2007-47 -1- PC2007-47 1. That the proposed use, to construct a 5-story office and training building, is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.10.030.040.0402 (Offices -General) with waivers of the following: (a) SECTION NO. 18.10.050.010 Maximum structural height, Deleted (b) SECTION NO. 18.10.060.020.0201 (c) SECTION NO, 18.42.040.010 Minimum landscape setback. (20 feet required; 10 - 15 feet proposed Minimum number of parking spaces. (519 required; 406 proposed) 2. That the above-mentioned waiver (a) is hereby denied because i[ has been deleted. 3. That the above-mentioned waiver (b) is hereby approved as the site is unique because of its irregular shape and frontage on 2 public rights-of-way and 1 private street. The site is further constrained by a 15-foot wide water easement which runs through the center of the property and is therefore limited in useable area. Additionally, the neighboring properties to the north and south provide proportionally similar landscape setbacks. 4. That the above-mentioned waiver (c), under the conditions imposed will not cause fewer off- street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to the proposal under the normal and reasonably foreseeable operation of such use. 5. That the parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity., as indicated in the parking demand study. A minimum of 366 parking spaces is required and 406 parking spaces would be provided which results in an excess of 40 parking spaces. 6. That the waiver, will not increase the demand and competition for parking spaces upon adjacent properties in the immediate vicinity of the proposed use since parking is contained within the property boundaries and the property to the north with a shared parking agreement. There is no circulation between the subject site and the properties to east, south, and west. 7. That the waiver, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed uses as ingress and egress to the site would be provided via two (2) driveways and there is an existing access easement with the property to the north. 8. That the proposed office and training building as conditioned herein would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 9. That the size and shape of the site far the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety. 10. 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. 11. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. -2- PC2007-4' CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to construct a 5-story office and training building with waivers of - minimum landscape setback and minimum number of parking spaces and does hereby approve the Mitigated Negative Declaration and the associated Mitigation Monitoring Plan No. 144 upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Mitigated Negative Declaration and 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 health and safety of the Citizens of the City of Anaheim: Prior to issuance of a building permit or within a period of one (1) year from the date of this resolution, whichever occurs first, the following conditions shall be complied with: 1. That the training facilities shall be operated as a part of the business which occupies the building and shall no[ be used for public uses. If at any time the operational characteristics of the training facility changes, a detailed description of the operational changes shall be submitted for review by the City's Traffic and Parking Consultant to determine if the changes would cause fewer off-street parking spaces to be provided than the number of spaces provided on site. If it is determined the expected demand is greater than the spaces provided on site, an application for modification of the conditional use permit shall be submitted to the :Planning Services Division for approval by the Planning Commission. 2. That the :property owner shall dedicate to the City of Anaheim corner cut-off dedications at Ball Road/East Street and Ball Road Lewis Street. 3. That an unsubordinated restricted covenant providing reciprocal access and parking be made with the property located at 1001 East Ball Road for a minimum of 106 parking spaces. This covenant shall be approved by Planning Services Department and in a form satisfactory to the City Attorney shall be recorded with the Office of the Orange County Recorder. 4. That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 115. Said information shall be specifically shown on plans submitted for building permits. 5. That gates shall not be installed across the driveway in a manner which may adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan No. 475 and shall be subject to the review and approval of the. Planning Services Division prior [o issuance of a building permit. 6. That the developer shall remove and/or relocate any traffic signal equipment or any other related item to the traffic signal if the project requires street widening or modification of any driveways. 7. That plans shall be submitted to the City Traffic and Transportation Manager far his review and approval in conformance with the Engineering Standard No. 115 pertaining to sight distance visibility for the sign or wall/fence locations. 8. That plans shall be submitted to the Planning Services Division for review and approval showing conformance with the current version of Engineering Standard Plan Nos. 4028, 436 and 470 pertaining to .parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. -3- PC2007-47 That no required parking area shall be fenced or othervvise enclosed for storage uses. 10. That an on-site trash truck turn around area shall be provided per Engineering Standard Detail No. 476 or an approved alternative, which shall be shown on plans as required by the Department of Public Works, Sanitation Division. Said information shall be specifically shown on plans submitted far building permits. 11. That trash storage areas shall be provided and maintained in a location acceptable to [he 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 minimum 1-gallon size clinging vines planted on maximum 3-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 12. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approval. 13. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments. 14. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire Tines, shall be coordinated through the Water Engineering Division of the Anaheim Publie Utilities Department. 15. That all existing water services and fre lines shall conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 16. That all backflow equipment shall be located above ground outside of the front setback area in a manner fully screened from all public streets and alleys. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division outside of the front setback area in a manner fully screened from all public street and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. 17. That since this project has landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed and comply with City Ordinance No. 5349 and Chapter 10.19 of Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. 18. That any required relocation of Ciry electrical facilities shall be at the developer's expense. Landscape and/or hardscape screening of all pad mounted equipment shall be required .and shall be shown on plans submitted for building permits. 19. That all air conditioning apparatus and other roof and ground-mounted equipment shall be properly shielded from view and the sound buffered from adjacent residential properties and the public right-of-way. Such information shall be specifically shown on the plans submitted for building permits. 20. That final landscape and fencing plans for the subject property shall be submitted to the Planning Department for review and approval. Said plans shall show minimum 24-inch and 36-inch box size trees, shrubs, groundcover, and clinging vines to be planted in layers and shall also show decorative hardscape treatment within the central courtyard area. The landscape material selected shall be appropriate to the -4- PC2007-47 width of either [he parkway ar the planter area. Any decision made by the Planning Department regarding said plan may be appealed to the Planning Commission. All trees shall be properly and professionally - - maintained by the property owner to ensure mature, healthy growth. Such information shall be specifically shown on the plans submitted for building permits. 21. 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 providd adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles onsite. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 22. That 4-foot high 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 Police Department, Community Services Division approval. 23. That the project shall provide for accessible truck deliveries on-site. Said information shall be specifically shown on plans submitted for building permits. 24. That any required relocation of City electrical facilities shall be at the developer's expense. 25. That plans shall be submitted [o 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. 26. 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 facing Ball Road and East Street. 27. That building and parking lot lighting shall be decorative. Additionally, lighting fixtures shall be down- lighted and direct away from residential properties to protect the residential integrity of the area. Said information shall be specifically shown o the plans submitted for building permits. 28. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits. 29. That the project site under construction will be screened during construction with a temporary fence to visually screen the construction areas from the adjacent streets and residences. Said information shall be specifically shown on the plans submitted far building permits. Prior to issuance of a grading permit, the following conditions shall be complied with: 30. That prior to issuance of a grading permit, the applicant shall submit to the Public Works Department Development Services Division for review and approval a Water Qualify Management Plan that: • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. Incorporates Treatment Control BMPs as defined in the DAMP. • Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. -5- PC2007-47 • Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs, and • Describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. Prior to final building and zoning inspections the following conditions shall be complied with: 31. That prior to issuance of a certificate of occupancy, the applicant shall: • Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP. • Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 32. That prior to issuance of certifcate of occupancy, ADA compliant curb access ramps with truncated domes shall be constructed at Ball Road/East Street and Ball Road Lewis Street in conformance with Public Works Standard Detail 111-2. 33. That subject property shall be developed substantially in accordance with plans and specifications submitted [o the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 11, and as conditioned herein. General Conditions: 34. That the developer shall be responsible for compliance with all mitigation measures within the assigned time frames and any direct costs associated with the attached Mitigation Monitoring'Program No. 144 as established by the City of Anaheim and as required by Section 21081.6 of the Public Resources Code to ensure implementation of those identified mitigation measures. 35. That all public phones shall be located inside the building. 36. That all trash generated from this office building shall be properly contained in trash bins located within approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Community Preservation Division of the Planning Department shall determine [he 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. 37. 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. 38. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 39. That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. -6- PC2007-47 40. That extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of [he Anaheim Municipal 41. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the. request regarding any other applicable ordinance, regulation or requirement. 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 f nal 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 [o 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 May 14, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. (ORIGINAL SIGNED BY GAIL EASTMANI CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on May 14, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO, VELASOUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this day of zao7. (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION -7- PC2007-47 INT.=RFACINC. SWITCHING ANO ~ISTRIBL_ITION ATTACHMENT NO. 2 ]n order to comply Stith the conditions approval Exu~on is requesting a I year extension for CLIP2007-0522-RES02007-47-PCOd-14-07 (2). 5 STORY C~PFICE BLDG, due to expire on May 1=1th. 2005. As directed by the City, a pLivate architectural frm was hired to review the elevations and offer recommendations for approval. After complying with the recommendations, Extron's project was once again reviewed and approved by [he Plannin, Connnission on 1'ebruary ~Fth, 2008. We have now begun the necessary Engineering and Design process in order to move forward and anticipate the beginning of the building permit process arotmd May of 2009. Thant: you, Andrew C. Edwards President a•0~~~ ~ Lzaun C4crunir , USA Exrrnn Elec[r niu, Europe Lumn LI¢trmaiu, Asia y', ~; Ix90S urh Lc vis Sncet Il alde<Lcnn :g Gl; 3N21 dhl Amerslnon In Jon Scng lidAl14~01 Anal im G1 Ptl09 IleNatherlands Ihl lndus[ria191IAy. e ~xro1~ hIID u.39N7G 1441.1 iU0 [8UU.79By.f(73 ~31.33.4)3.404U t;ny;po¢ 3Gfl3G3 NV 14, 1'1L1xIF IdX .3131 ~i3,AUjll LS fi3N3.4i00 FAA (5.(3N3$(h4 Exnnn EItt[r mirs, Japan Dnu,n UA4I Ill Ig. fiF; 3~9-I Kudan.blima;ni Chiyuda kn Tolryc 1U2-0U~%[ Japan .N 13,3511 i6~i PAX ~Bi3-3fI U6S6 ATTACHMENT NO. 3 MEMOR.4NDUi\4 CITY OP ANAFIEIM Code Enforcement Division DATE: MAY 23, 2008 TO: KIMBERLY WONG FROM: APOLINAR RAMOS #! 006, CODE ENFORCEMENT OFFICER SUBJECT: 1055 E. DALL RD. On May 22, 2008, I conducted an inspection of the property located at 1055 E. Ball Rd. The inspection was in regards to request an extension of time to comply with the conditions of approval for apreviously-approved 5-story office building in the Industrial (I) Zone (Extron Electronics) (CUP2007-05202) Upon inspecting the property, I observed no violations of the Anaheim Municipal Code. A search of the Code Enforcement Division Records revealed that the property has had no previous Code Enforcement cases. If you have any further questions, please contact me at ext. 4417 August 18, 2008 Subject Property Conditional Use Permit No. 2008-05343 Lincoln Ave and State College Blvd -Anaheim Town Sauare ioseo ~~ Aerial Photo: ..~ Ju1v 2006 Item rvo. ~ i I. ~I I I I I I~ j ~ I j j ~ ~ I ~ I j R ,~- ~x lG 7 ~ ~ I I R ~ I ( ~ I ~ '- Rs`"- I r u. L I I I I I I' D j -' ~ i ' ' '-~ ' n 4 I ~ 1 WARD TER Rr,~E T , ~G A~ ~ ~ rl,eE ~ PS-2 L ~~" DU EACH j ~~ V RD _RP,Fw^E ~, A .A~ ~ ~_~ ~ -- I I I R><~ - ~ ~ ~ t DL EACF Fa_e ~ _ C 6 5 55 j , fi LS Ctl YJ ] CVP ZGJ A25 CUP [5 VAfi ]l5t VAfi ]SO$ q ]]iG ~fio, A A e, tovro L-APc c-c ANAHEIM TOWN SDUARE C-G ep CUP 200805343 T-CUP 2000-04041. T~CUF 2002-Oafi30 T-000CP 2PP0404ppLyy04463. RCL 66~6v-t10 ' ^ RCL 50-59~G C RCL 56 57~t Q W J O 0] APTS APTS APTS W 1G OU ODU to DU C7 ~- Rh1-0 W p WESTPORT DRIVE U W cc F r 41A-9 W {¢- FC- (n N G ~ N vi W C Lv GG RS-2 ~ tDu ® `Ls~ Fhe August 18, 2008 Subject Property Conditional Use Permit No. 2008-05343 ~~ ~< Cu NW ~ C~ -° c Lincoln Ave and State College Blvd -Anaheim Town Square Jul _= i ~,/ 11ou ~EACr, CE4.1 PARADISE riD RS z c ~_ 1 UEq hl ~ `¢V] C u GG ANAHEIM TOWN (C9 SOUARe c a C-G MiDAs APTS APTS i60U 8DU T I T T vAR 2401 VAR 204fi T ~ RM-0 Bi GARpEN9 W=STPORT VILLA NITS APARTh1ENTS 2a-oU I T 3000 U 1 DU EACH i DU EACH n < ¢ ~ PURITAN LN 0 RS-2 RS 2I 1 DU EACH 1 pU EAC~ I I , ~0~80 J ~~ ~A~. - _' _ _ _ - LINOpLNq~~~ 1$33 .~ CG RCL 55 5627 CUP 200805343 T cur zo6z-o451a T-cuP 2661-6aai2 CUP 2001-04425 CUP ?001-Oa352 T-CUP 2000-04239 GUP 3301 CUP "<959 CUP 2909 CLIP 269t CL'P- 1656 CUF 2637 CUP 2601 CUF 2555 CUF 2404 VAP. 2002-04466 VAR 2006-04a03 5 VAR 3905 VAR 3740 VAR 3412 5 VAR 3351 VAR 2401 5 ANAHEIM TOWN SQUARE 4PT5 APTS T T APTS T PP' 7DU 7DU 20U iDU 16 DU T fiC --yam T i 1 DU T The following attachments were provided to the Planning Commission and are available for public review at the Planning Services Division at City Hall.i 4. ProjecYPlans and Site Photographs ATTACHMENT NO. 1 PROJECT SUMMARY CONDITONAL USG PERII7IT NO. ?008-05343 E xisting Pro posed Height Width Sion Location (Code Code pemaits a Height Width permits a maximum maximum sign width of 20 feet) height of 25 feet) State College Boulevard 20 feet l0 Feet, 2 inches 25 feet 11 feet, 6 inches Lincoln Avenue 16 feet 11 feet, 6 inches 21 feet ll feet, 6 inches (DRAFTS ATTACHMENT NO. 2 RESOLUTION NO. PC2008-a'** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION ~~ APPROVING A CEQA CATEGORICAL EXEMPTION, CLASS 1 AND APPROVING CONDITIONAL USE PERMIT NO. 2008-05343 (2280 EAST LINCOLN AVENUE -ANAHEIM TOWN SQUARE) ~~IHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit to replace two existing monument signs with monument signs containing readerboards on 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 subject property is comprised of several properties totaling approximately 26 acres, and developed with a regional retail commercial center commonly referred to as the Anaheim Town Square; and WHEREAS, t]te subject property is located in the General Commercial (C-G) Zone and the Anaheim General Plan designates the property for Regional Commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 18, 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: L That the monument signs with readerboards for the Anaheim Town Square are properly one for which a conditional use pernrit is authorized by Anaheim Municipal Code Sections 18.44:050.010. 2. That the two monument signs with readerboards would not adversely affect the adjoining land uses and the growth and development of the area in which it is located because the proposed signs are compatible with the primary use of the property as a regional retail commercial center, the signs will be located along two primary arterial roadways (Lincoln Avenue and State College Boulevard) and would not be viewed at the same time and the signs would replace two existing monument signs of a comparable area, height and width; and PC2008-*** 3. That the proposed monument signs with readerboards are an accessory advertising device for the regional retail commercial center and that the traffic generated by the center would not impose an undue burden upon the streets and highways designed and improved fo carry die traffic in the area; and 4. That granting this conditional use permit, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim; and 5. That *** indicated their presence at said public hearing in opposition; acrd that '"** correspondence was received in opposition to the subject petition. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Class 1 (Existing Structures) 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 Plamting Commission does hereby approve Conditional Use Permit No. ?008-05343 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED that this permit is approved without limitations on the hours of operation or duration of the use. Amendments, modifications and revocations of this permit maybe processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (City-Initiated Revocation or Modif cation 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 competentjurisdiction, 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 ail charges shall result in delays in the issuance of required pemrits or the revocation of the approval of this application. - 2 - PC2008-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 18, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and maybe replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORMA ) 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 August 18, 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 - 3 - PC2008-*** E7~IIIBIT "A" CONDITIONAL USE PERMIT NO. ?008-05343 _. J i Ill._lli i I T-IJ1 I Ti! T1T '----~ ~~ Iv ~ I~ r ~~ Source: Recordetl Trad td eps antllor City GIS. Please note the accurecyis+!-tvw to five feet. 4 - Pczoos-~°~~° EXHIBIT "B" CONDITIONAL USE PERMIT NO. ?008-05343 Responsible for No. Conditions of Approval .Monitoring PRIOR TO ISSUANCE OFA BUILDING PERMIT 3 That the locations for any above-ground utility devices including, but not limited Planning to electrical transformers, water bacl<flow devices, gas, communications, telecommunications, and cable devices, etc., shall be shown on plans submitted for building permits. Any required relocation of City electrical facilities shall be at the applicant's expense. 2 That a revised comprehensive sign program for Anaheim Town Square Planning incorporating the approved monument with readerboard signs shall be submitted to Che Planning Department, Planning Services Division. GENERAL 3 That during on-going during project operation, the signs shall be continually Code maintained in a "like new" condition and the removal of removal of graffiti shall Enforcement occur within twenty-four (24) hours from the time of discovery. 4 That subject property shall be developed substantially in accordance with plans Planning and specifications submitted to the City of Anaheim by project applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 8 of Conditional Use Permit No. 2008-05343, and as conditioned herein. 5 That approval of this application constitutes approval of the proposed request Planning 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. 6 That timing for compliance with conditions of approval maybe amended by the Planning Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisf es 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. - 5 - PC2008-*** ATTACHMENT NO.3 July 2b, 2003 VIA EMAIL & US MAIL '~ ~ " C O M P A N I E S 5050 Cunogn Ave Swlc 650 Woodlond H~iL•, CA 91367 kel ~R I B i 106100 Pos: ~a I e~ n r,.b I I a :+^: rvr. newmarkmerrilLmm tos Angeles Sr~n o~egn Ortnuie County Venluro County ci,l«~In n t)nveiolJmenl Ansel Mannycmcvu ~~eperly Mnnnyemenl ConsiruOlan Ms. Patch Peluso City of Anaheim Planning Department 200 South f~naheim I31vd. Anahcint. CA 92S05 12G: Anaheim Town Square Anaheim Calif-ornia 1'ylon Si~naec Justitication Dear Paula: The purpose oC the new addition to our existing signage is to Keep the Shopping Center the center atll•action in the community. We currently advertise the events al our center with banners, fl•ycrs, direct mail, newspaper and print. We believe the LLD boards will give us another avenue with which we could advertise our events. We will be able to eliminate some of the banners we install on regular bases to promote our events. We will also be able to oi'•fer the LGD to om-merchants for their advertising and grand opening celebration announcements, meaning we will eliminate the clutter that currently exists at the center. The pylon LLD boards will give us more permanent advertising that will help to keep Anaheim Town Square looking like the lust class shopping center as intended. . Thant. you in advance for your assistance in this litattcr. if you have vty questions with regard to the enclosed pleas feel tree to contact me at (81 b) 402-4612. Siuceiely, NewMark Merrill Companies I'or: NMC Anaheim, LLC L;''(~ Cassandr Pinn P~egional Property Nlanagcr August 18, 2008 Subject Property Tentative Tract Map Boundary Conditional Use Permit No. 2006-05072 (Tracking No. CUP2008-05338) Tentative Tract Map No. 17295 Northeast corner of Olive and South Streets -Brookfield Homes -= - ~: RG ao6n Aerial Photo. ~6 r«.. July 2006________ Rla~ = \ !\ ~ F C `m x N~ F ,+ m. ~~~ INOn FIRM 'n 1`l~/'r U [m`{ m®~ In -c Ip~EP~ 'n vC m, m° <v ~a .n Fi5.3 m~ v tic ~ ~~~ o_ mz ~ ~ yn a~ = ym Y ~' o_ '~ .n~I EP~H .a S~fSSR~Ej Z 'r O f ~ v ~,/\\ i /1 9 RM$ N N V,P~PNT '~ ZapB.U~012 'T ~Np CONppS m }1 O ~~ _ m N ..-I. RM.3 ~ 1 ; ~~NDO m II ~ II ~ it w -' ~. n ~~~ RM~ \ '_ _ ~i Y ~-_.': j N n M `;~, ~ , , m r`m ,_ ,mgr=_~' RMA a 1 \N~. FIRM s ~ 0~~~ .:> / ~~ '~, l~~"~z. O ; k; m` • N~ ~~ Pm,: ~® Gt ~' t3~~ ® ~ e O P TS O n 2 A a DV EP 7 RM a SMP6~ N~. N ~ n N FlRIA OP ~ ~m aou m i a ~ N ~~ M-0 ~ ~ PpT P T EP n 3 a ON 4 Du o ti' a m c RM 'a i~ August 18, 2008 Subject Property Tentative Tract Map Boundary Conditional Use Permit No. 2006-05072 (Tracking No. CUP2008-05338) Tentative Tract Map No. 17295 Northeast corner of Olive and South Streets -Brookfield Homes iosn ;development incentive to reduce t ATTACHMENT NO. 1 PROJECT SU~~INLARY COND11'IONAL USE PERMIT NO. 2006-05072 (Tracking Number 2008-05338) RM-3 and RbI-4 Development Standard Proposed Project Standards (minimum unless noted) Site Area 16.6 acres N/A 18 du/acre maximtmi for General Plan Density 16/du acre overall 10.8 acres 36 du/acre maximum for 5.8 acres Recreation Leisure Area 116,540 s.f. 83,400 s.f. Parking 544 spaces 578 spaces* Landscaping and Building Setbacks: North (adjacent to Public Street A) ~ to 9 feet' South (adjacent to South Street) 10 to 16.6 feet' ' 15 feet required for all West (adjacent to Olive Street) 37 feet Botlr sides of Kroeger Street 10 feet' Both sides of Melrose Street 10 feet' Building Height 38-40 feet 40 feet maximum Tier 2 Incentive ' Modification to standards is allowed in order to achieve good project desibm, privacy, livability, and compatibility with surrounding uses. 'Previously-approved modification to standards. _ ,_ ~ _. __ I ATTACHMENT NO. 2 ~-~ ~r ~ t SOUiHLANO BUSINESS GROUP ~ r 1 2 0 3090 Bristol Street, Suite 0 _r " M~~a ~-` Cosa Mesa, California 92fi26 ~ d I Phone 714.427 6868 Pax 714 427 6869 ' + IL ;; ,~ brookfieldsou[hland com j ~ ~ a UHOUI(PIEL~ ,inmss II~~.. the .i~~. ~'vi. .. July 21, 2008 Elaine Thienprasiddhi Anaheirn Planning Department 200 South Anaheim Boulevard Anaheim, CA 92805 Re: Colony Park / CUP2008-05338 Dear Elaine, Brookfield Homes respectfully request an amendment to our entitlement approvals for Colony Park (CUP2006-OS072 / TTM 16994) due to the current market conditions. We have worked with the Anaheim Redevelopment Agency in revising the master site plan for the Colony Park community. We are confident that the changes proposed will strengthen the success of the Colony Park community, while maintaining substantial conformance io the original approval obtained. The original site plan was approved for 339 residential units. We are requesting io amend the Tentative Tract Map to reduce the total unit count to 270 residential units (176 court homes and 94 row towns). The revised site plan incorporates the following key revisions. • The homes located east of KroegerStreet in the northerly tract (17077) will no longer be included in this approval. The Anaheim Redevelopment Agency will be incorporating this area with the property to the north that is currently planned to be developed for apartments. This revision removed 30 courfhome units and 45 row town units from the original site plan. • In order to ensure good site access and vehicular circulation, the revised site plan proposes a new public street be added between Kroeger and the private alley at the easterly edge of the site (Private Street "A"). This proposed public street will provide an additional 27 parking stalls to the community. • The revised site plan proposes a revision to the building plotting. As previously approved, the community featured 88 courthomes and 87 row townhomes in the south tract (tract 16944(. Brookfield Homes is requesting an amendment to the site plan to include 1 1 S courthomes and 56 row townhomes in tract 16994. July 21, 2008 Elaine Ihienprasiddhi Page 2 of 2 As a result of the proposed replot, the primary vehicular circulation through the community was amended. The revised site plan proposes to take advantage of the opportunity to provide a wide landscaped paseo to increase the open space within the community. The vehicular access to the homes will be via the private alley. We have aligned the Intersection of the private alley and South Street to align with Dakota Street far improved traffic circulation with the surrounding neighborhood street grid. With the new proposed site plan, we would like to request the following waivers. The Colony Park community is providing 10 percent affordable housing to low and moderate income families. In doing so, Brookfield Homes is entitled to take advantage of the density bonus incentives offered in Title 18 Chapter 18.52. We are requesting approval of one {1) tier two incentive for Colony Park. The incentive being requested is a further reduction in the minimum number of parking spaces (18.52.090.040.0404). There are a total of 665 parking spaces available within the community (532 garages spaces, 121 open public street parking, and 12 open private parking). Since the open public parking is not allowed io be included in the community .parking ratios, we are 34 parking spaces short of the requirement. We would like to request a reduction of 34 spaces for this community, We feel Thai since there are 123 open public street parking spaces available to the residents of this community that the overall impact to the community will be minimal. The setback on the new proposed Public Street 'A' is 15.43 feet from back of sidewalk to the face of building. This street section is composed of a 10' parkway, a 6' parkway, a 10.43' landscaped public parkway, and a 5' private landscaped area. We respectfully request a waiver fora 5' setback from the face of building to the public row. We feel that with the additional 10.43' public parkway that the landscaped setback is consistent with the remainder of the community. Brookfield Homes is confident that the revised plan adds to the integrity of the community as originally approved. Thank you for your review of this request. Please feel tree to call me if you have any questions regarding this matter. I can be reached at 714- 200-1615. Regards, BROOKPIELD HOMES '' t/I' ~~ ~.~,~e~,n,~-11 ~ Cheryl_Casanova Project Manager cc: Abel Avalos, Anaheim Redevelopment Agency ATTACHMENT N0.3 [DRAFT] RESOLUTION N0. PC2008-**a` A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT PREVIOUSLY-APPROVED ENVIRONMENTAL IMPACT REPORT NO. 330 AND ADDENDUM ARE THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2006-05072 AND AMENDING RESOLUTION NO. PC2006-82 (NORTHEAST CORNER OE OLIVE STREET ANA SOUTH STREET) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for an amendment to previously-approved Conditional Use Permit No. 2006-05072 in conjw~cfion with a request for approval of Tentative Tract Map No. 17295 to modify project site boundaries, building configuration and streets including a reduction in the total number of dwelling emits from 339 to 270, a modification of development standards to provide a reduced building setback adjacent to future Public Street A and a Tier Two Incentive for a reduction in required parking for an affordable single-family attached condominium planned unit development 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 September 18, 2006, the Anaheim City Planning Commission, by its Resolution No. PC2006-82, did approve Conditional Use Permit No. 2006-05072 to construct a 339 unit single-family attached condominium planned unit development with modification of development standards and to relocate a legal nonconforming ground-mounted telecommunications antenna; and WHEREAS, this property is currently under construction, with a portion of the approved units sold and occupied; and WHEREAS, the Anaheim General Plan designates this property for Low-Medium and Medium Density Residentia3 land uses and this property is located in the Multiple-Family Residential {RM-3 and RM-4) zones; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 18, 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. amendment to conditional use permiC with a modification ofdevelopment standards pertaining to a building setback and a tier two development incentive for a further reduction in required parking and to investigate and make findings and recommendations in connection therewith; and -1- PC2008-*** WHEREAS, said Connnission, 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 and modification of the required setback are permitted under authority of Code Sections 18.60.190 and 18.06.160.030, respectively; 2. That an amendment to the conditional use permit to amend apreviously-approved conditional use permit will not adversely affect the adjoining land uses or the growth and development of the area because a decrease in the total number of units is proposed such that the project is less intense than previously approved; 3. That the size and shape of the site, 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 it is substantially consistent with the previous approval; 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 amendment would be substantially consistent with the previous approval; 5. That the traffic generated by the development, as amended, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the amended proposal includes a decrease in the overall number of units; 6. That the tier two incentive for a further reduction of parking is required to provide affordable housing costs based upon information contained in the financial analysis provided by the applicant and reviewed by the Community Development Department; 7. That the tier two incentive for a further reduction of parking would not have a specific adverse impact upon public health and safety or on the physical environment, or on any real property that is listed in the California Register of Historical Resources, and For which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to very low, low, lower, or moderate income households; and 8. That *** indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to the subject petition. -2- FC2008-*** NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission has reviewed the proposal and does hereby find that the previously-approved Environmental Impact Report No. 330 and Addendum approved in connection with Conditional ~~ Use Permit No. 3006-05072 are adequate to serve as the required environmental documentation in connection with this request. BE IT FURTHER RESOLVED that the Anaheim Plamting Commission for the reasons hereinabove stated does hereby approve the proposed amendment to Conditional Use Permit No. 3006-05072 and amend, iu their entirety, the conditions of approval adopted in connection with Planning Commission Resolution No. PC2006-83, as described in Exhibit "B" attached hereto and incorporated by this reference, which are hereby fotmd 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. BE IT FURTHER RESOLVED, that except as amended herein Planning Commission Resolution No. PC2006-82, remains in full force and effect. BE IT FURTHER RESOLVED that the Anaheim Platming Commission does hereby find at~d 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 the court of competentjurisdiction, 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 al] 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 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 August 18, 3008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2008-*** STATE OF CALIFORNIA ) COUNTY OP ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Conunissioii, do hereby certify That the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Convnission held on August 18, 2008, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I Dave hereunto set my hand this day of . Zoos. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2008-*** EXHIBIT "A" CONDITIONAL USE PERMIT NO. 20Q8-05322 -5- PC2008-*y`* ® py, Source: Recorded Trek Meps endlor City EIS. Y-R P le6x note the ecaracy is+!- ivw #o five feet. EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2008-05322 Responsible 1'or No. Conditions ot'Approval Monitoring PRIOR TO ISSUANCE OF GRADING PERMIT 1 That the applicant shall submit the revised grading plan to the Public Works Department ofPublic Worhs, Development Services Division for review and approval. 2 That the applicant shall demonstrate continuous coverage under Public Worlcs California's General Pem~it for Stonnwater Discharges Associated with Constmction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance ofa Waste Discharge Identification (WDID) Number. The applicant shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of the current SWPPF shall be Kept at the project site and be available for City review on request. 3 That the applicant shall submit a revised Drainage Study Public Works prepared by a registered professional Civil Engineer in the State of California. 4 That the applicant shall submit to the Public Wor]<s Department Public Worlcs Development Services Division for review and approval a revised Water Quality Management Plan that: ® Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly comrected impervious areas, creating reduced or "zero discharge" areas, and conserving nautral areas. ® Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. Incorporates Treatment Control BMPs as defined in the DAMP. ® Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. ® Identifies the entity that will be responsible for loner term operation and maintenance of the Treatment Control BMPs, and ® Describes the mechanism for funding the long-tenu operation and maintenance of the Treatment Control BMPs. -6- PC2008-*** PRIOR TO ISSUANCE OF A B UILD/NG PERMIT OR }VITHIN ONE }'EAR FROM THE DATE OF THIS RESOLUTION, G{'HICHEVER OCCURS FIRST 5 That the applicant shall agree to construct affordable units and Community record in the official records of Orange County, California, an Development unsubordinated density bonus housing agreement, in a form acceptable to the City Attontey and Conm~unity Development Department, against each of the affordable waits. The affordable traits shall be subject to the requirements of the density bomts housing agreement for a period of thirty (30) years, beginning on the date a certificate of occupancy is granted for the affordable traits. 6 That the applicant shall submit a revised landscape plan for Planning review by the Planning Services Division. Any decision by staff maybe appealed to the Plamiing Commission as a Reports and Recommendations item. 7 That all air conditioning apparatus and other roofand ground- Planning mounted equipment steal] be properly shielded from view and the sound buffered from adjacenC residential properties and the pubfic right-of--way. Such infornration shall be specifically shown on the plans submitted for building perniits. 8 Prior to issuance of a building permit, The City of AnaheimSewer Public Works h»pact Mitigation fee for the Old Town/ Basin 8 Area shall be paid. 9 Prior to issuance of the first building permit, excluding buildings Public Works unaffected by the revised site plan, the final map shall be submitted to and approved by the City of Anaheim and the Orange Cowrty Surveyor and then shall be recorded in the Office of the Orange County Recorder (Subdivision Map Act, Section 66499.40). 10 That a plan sheet for solid waste storage and collection and a plan Public Works - for recycling shall be submitted to the Fublic Works Department, Streets and Streets .and Sanitation Division For review and approval. Sanitation 11 That an on-site trash truck turn-around area shall be maintained Public Worlcs - to the satisfaction of the Public Worlcs Department, Streets and Streets and Sanitation Division. Sanitation 12 That gates shall not be installed across .any driveway or private Public Works - street in a manner which may adversely affect vehicular traffic Traffic and 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. -7- PC2008-*** 13 That the locations for fithu'e above-ground utility devices Public Utilities - including, buC nol limited Co, electrical transformers, water Electrical bac].Ilow devices, gas, conununieations and cable devices, etc., shall be shown on plans submitted for building pem~its. Plans - shal] also identify the specific screening treatnents of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments. 14 That all requests for new water services or fire lines, as well as Public Utilities - anymodifications, relocations, or abandomnent of existing water Water services and fire lines, shall be coordinated tluough the Water Engineering Division of the Anaheim Public Utilities Department. 15 That all existing water services and fire lines shall conform to Public Utilities - current Water Services SCandards Specifications. Any water Water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. I6 That all bac]<Ilow equipment shall be located above ground Public Utilities - outside of the front setback area in a manner fully screened from Water all public streets and alleys. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other lazge water system equipment shall be installed to the satisfaction ofthe Water Engineering Division outside of the front setback area in a manner fully screened from all public street and alleys. Said infonnation shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. 17 That since this project has landscaping area exceeding ?,500 Public Utilities - square feet, a separate irrigation meter shall be installed and Water comply with City Ordinance No. 5349 and Chapter 10.19 of Anaheim Municipal Code. Said informaCion shall be specifically shown on plans submitted for building permits. 18 That, if required, the legal property owner shall irrevocably Public Utilities - offer to dedicate to the City of Anaheim (Water Engineering Water Division) an Easement twenty (20) feet in width for water service mains and/or an Easement for large meters and other public water facilities. -8- PC2008-*** 19 That the developer/owner shall subtnit a water system master Public Utilities - plan, including a hydraulic distribution network a~talysis, for Water Public Utilities Water Engineering review and approval. The master plan shall demonstrate the adequacy of the proposed on- site water system to meet the project's water demands and fire protection requirements. 20 That the developer/owner shall submit to the Public Utilities Public Utilities - Water Engineering an estimate of the maximum fre flow rate Water and maximum day and peals hour water demands for the project. This information will be used to detem~ine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. 31 That individual water service and/or fire line connections will Public Utilities - be required for each parcel or residential, commercial, industrial Water unit per Rule ] 8 of the City of Anaheim's W ater Rates, Rules and Regulations, or a legal association CC&R shall be required among separate property owners related to perpetual payment of all water utility services provided. 22 That the previously approved Water Improvement Plans for Public Utilities - Tracts 16994 and 17077 (W-3074) shall be revised to reflect the Water proposed new building plotting and water system and submitted to the Public Utilities Department, Water Engineering Division for review and approval.. 23 That the previously approved hydraulic network analysis for Public Utilities - Tracts 16994 and 17077 shall be revised to reflect the new Water public water system network and submitted to the Public Utilities Department, Water Engineering Division for review and approval. 24 That no public water mains shall be located within the proposed Public Utilities - landscaped Paseo or Private Alley. Water 25 That water looping inside the project is required. Public Utilities - Water 26 ThaC the developer shall coordinate with Anaheim Public Utilities - Redevelopment Ageaacy on the property to the north to provide, Water if possible, looping to Che development to the north. -9- PC2008-*** PRIOR TO FINAL B UILDING AND ZONING INSPECTIONS 27 That the applicant shall: Pubfic Works - • Demonstrate that all structural BMPs described in the Revised Project WQMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP • Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. • Submit For review and approval by the City an Operation and Maintenance Plan for all stn~chtral BMPs. 2S That all existing driveway approaches on South Street shall be Public Works replaced with curb, gutter, parkway landscaping and sidewalk. Obtain a Right of Way Construction Permit from the Development Services Division. 29 That landscaping shall be provided around the above ground large Public Utilities - meter and fire line to shield from street view. Water TELECOMMUNICATIONS ANTENNA 30 That this telecommunications facility shall be limited to no Planning ~~ more than three (3) sectors with no more than four (4) panel antenna on each sector and accessory ground-mounted equipment. The twelve (12) antennas shall be limited to a to an operating center height of 65 feet. No additional antennas or equipment cabinets shall be permitted without the approval of Telecommm~ication Antemia Permit. 31 That the antennas shall be finished and painted to match the Planning faux palm tree. 32 That before activating this facility, Che Operator shall submit to Planning a post-installation test to confirm that the facility does not Police interfere with the City of Anaheim's Public Safety radio equipment. This test shall be conducted by the Communications Division of the Orange County Sheriff's Department or a Division approved contractor at the expense of Operator. 33 That the Operator shall provide a 24-hour telephone number to Planning the Planning Services Division (to be forwarded to the Fire and Police Departments) to which interference problems maybe reported, and shall resolve all interference complaints within 24 hours -10- PC2008-*** 34 That any required relocation of City electrical facilities shall be Public Utilities- at the petitioner's expense. Landscape and/or landscape Electrical screening ofall pad mounted equipment shall be required and shall be specifically shown on plans submitted for building permits. 35 That the applicant shall obtain aRight-of--Way Construction Public Worl<s Permit from the Public Worlcs Department for any work within the public right-of--way, including but not limited to installation of conduit, cable, and electrical service lines. GENERAL 36 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 are on file with the Planning Department marked Revision No. 1 of Exhibit Nos. I and 2 and Exhibit Nos. 3 through 36, and as conditioned herein. 37 The timing for compliance with conditions of approval may be Planning amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 38 That approval of this application constitutes approval of the Planning proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. -I 1- PC2008-*** [DRAFT] ATTACHMENT N0.4 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION ~ - DETERMINING TI-IAT PREVIOUSLY-APPROVED ENVIRONMENTAL IMPACT REPORT NO. 330 AND ADDENDUM ARE THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING TENTATIVE TRACT MAP NO, 17295. (NORTHEAST CORNER OF OLNE STREET AND SOUTH STREET)' WHEREAS, the Anaheim Pla~ming Commission did receive a verif ed Petition For Tentative Tract Map No. 17295 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; aiad WHEREAS, Tentative Tract Map No. 16994 was approved by the Planning Commission on September 18, 2006 fora 63 lot, 339 unit attached single-family residential condominium subdivision; and WHEREAS, Final Tract Map No. 17077 was recorded in the Office of the County Recorder for the southerly portion of the project site; and WHEREAS, Tentative Tract Map No. i 7295 is proposed to establish a i3-lot (5- lettered and 8-numbered) and 74 unit airspace subdivision for an affordable single-family attached condominiti~m planned unit development over the easterly portion of Final Tract Map No. 17077; and WHEREAS, this property is currently under construction, with a portion of the approved units sold and occupied; and WHEREAS, the Anaheim General Plan designates this property for Low-Medium and Medium Density Residential land uses and this property is located in the RM-3 and RM-4 (Multiple-Family Residential) zones; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 18, 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 Multiple-Family Residential (RM-3 and RM- 4) zones. PC2008-*** 2. That the site is physically suitable for the proposed residential development at a proposed density that is well below that which is allowable by the General Plan and therefore, would not cause public health or safety problems or environmental damage. 3. That'k* indicated their presence at said public bearing 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 previously-approved Environmental Impact Report No. 330 and Addendum approved in connection with Tentative Tract Map No. ] 6994 are adequate to serve as the required environmental documentation hi connection with this request. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission for fhe reasons hereinabove stated does hereby approve Tentative Tract Map No. 17295 subject to the following coa~ditions of approval described in Exhibit "B" attached hereto and incorporated by this reference 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. BE IT FURTHER RESOLVED that the Anaheim Plam~ing Commission does hereby find and detern~ine 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 steal] result in delays in the issuance of required pemrits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting oFAugust 18, ?008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Cotmci] Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 2 - PC2008-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on August 18, ?008, by Che following vote oFflle members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ASSENT: COMM[SSIONERS: iN WITNESS WHEREOF, I have hereunto set my hand this day of X008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 3 - PC2008-*** E~ffiB~T "A" TENTATIVC TRACT 1V1.AP NO. 17295 ® ~ 9 Source: Recorded T.retl Meps endlor Cib/ CIS. P lease note th a ecarecy i s +/- tvw to five feet. EXHIBIT "B" TENTATIVE TRACT MAP NO. 17295 Responsible No. Conditions of Approval for Nlonitorin PRIOR TO APPROVAL OF FINAL TRACT MAP 1 That the final map shall be submitted to and approved by the Public City of Anaheim and the Orange County Surveyor and then Works shall be recorded in the Office of the Orange County Recorder (Subdivision Map Act, Sectiwa 66499.40). ~ That the legal property owner shall execute a Subdivision public Agreement, in a form approved by the City Attorney, to Wor]<s complete the required public improvements in areas not covered under the Cooperation Agreement between the City of Anaheim and the Anaheim Redevelopment Agency at the legal property owner's expense. Said agreement shall be submitted to the Public Works Department, Subdivision Section approved by the City Attomey and City Engineer and then recorded concurrently with the final tract map. 3 That vehicular access rights to Olive Street, Water Street and Planning South Street (except at street openings) shall be released and relinquished to the City of Anaheim. 4 That sanitary sewer and storm drains for this development shall public be privately maintained except the mainline sewer and storm Works drain within the public streets. Improvement plans for the sanitary sewer, and private drainage system shall be submitted to the Public Works Department, Development Services Division concurrently with the f nal map. ~ That prior to final map approval, a maintenance covenant, shall public be submitted to the Subdivision Section and approved by the Works City Atto~-tiey's office. The covenant shall include provisions for maintenance of private facilities, including compliance with approved Water Quality Management Plan, and a maintenance exhibit. The covenant shall also include provisions requiring that garages shall be maintained for vehicle parking in compliance with code. Said parking provision shall then be incorporated into the CC&R's. The covenant shall be recorded concurrently with the £nal ma . 6 That prior to final map approval, all condominium units shall be Building assigned street addresses by the Building Division. - 5 - PC2008-'"** 7 That approval ofthis tract map is granted subject to the approval Planning of the amendment co Conditional Use Pemut No. 2006-0507? ~- ---- (Tracking No. CUP2008-05338), now pending. S That the final map shall be substantially in accordance with the Planning tentative map submitted to the City of Anaheim by the petitioner and which plan is on f le with the Planning Department marked Revision No. 3 of )Jxhibit No. 2, and as conditioned herein. 9 That extensions for fiu-lher time to complete conditions of Pla~ming approval maybe granted in accordance with Section 15.60170 of the Anaheim Municipal Code. i 0 That approval ofthis 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 inchide any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. - 6 - PC2008-*** ATTACHMENT NO. 5 RESOLUTION NO. PC2006-82 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05072 BE GRANTED, IN PART (525 AND 711 EAST SOUTH STREET) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1: PARCELS 1 AND 2 OF PARCEL MAP NO. 85-364, AS SHOWN ON A MAP FILED IN BOOK 210, PAGES 37 AND 38 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY. CALIFORNIA. PARCEL 2: PARCEL 3 AS SHOWN ON A MAP FILED IN BOOK 210 PAGES 37 AND 38 OF PARCEL MAPS, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALLFORNIA, AS SHOWN ON RECORDS OF SAID ORANGE COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 18, 2006, at 2:30 p.m., notice of said ..public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed request to construct a 339 unit single-family attached condominium planned unit development with modification of development standards and to relocate a legal nonconforming ground-mounted telecommunications antenna is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section Nos. 18.06.030.040.0402 (Single-Family Attached Dwellings), 18.06.160.010 and 18.06.030.040.0402 (Antennas- Telecommunications -Stealth Ground- Mounted) with waivers of: (a) SECTION NO. 18.06.040.010 Minimum lot area per dwelling unit. (8400 s.f. per unit required; 1558 s.f. per unit proposed). (b) SECTION NO. 18.06.090.050 Minimum setbacks between buildings. (40 feet required; 20 to 40 feet proposed). (c) SECTION NO. 18.06.090.060 Maximum wall length. (Maximum 20 feet permitted; 110 feet proposed). (d) SECTION NO. 18.38 060.0404 Interior setback for telecommunications antenna. (5 feet required; 0 feet for equipment room and 2 feet for antenna proposed). (e) SECTION NO. 18.40.060.020 Required improvement of right-of-way. (60-foot wide public right-of-way required; 52 to 55 feet proposed). (f) SECTION NO. 18.46.110.020 Maximum fence height. (Maximum 8 feet permitted; 14 feet proposed). C r\PC2006-82 -1- PC2006-82 2. That waiver (a) pertaining to the minimum lot area per dwelling unit is hereby approved on the basis that the areas which would be dedicated for use as a public park and the proposed public and private streets prevent the project from meeting the minimum lot area per dwelling unit. The number of streets are proposed in order to continue the existing street pattern in the area and contributes to the reduction to the minimum lot are per dwelling unit, The overall project complies with the densities established by the Low-Medium Density Residential General Plan designation, including that portion of the project in the RM-4 zone, which would allow for higher densities. 3. That waiver (b) pertaining to the minimum setback .between buildings is hereby approved on the basis that the requirement is being met along the fronts of adjacent buildings. The requested waiver applies to the separation of building sides and rears in various locations throughout the development. The requirement cannot be met due to the required locations of proposed public streets, which bisect the property, and have impacted the proposed configuration of buildings. The area between buildings would include landscaping .and a window arrangement to protect the privacy or residents. 4. That waiver (c) pertaining to the maximum wall length is hereby approved on the basis that the intent of the Code is to ensure articulation along building elevations for multiple-family dwellings. This intent of the Code is fulfilled by use of balconies, patios and decorative architectural elements. Compliance with code for the rear elevations would limit the efficiency of the proposed units and create articulation in areas that are not readily visible to the public right-of-way. 5: That waiver (d) pertaining to the interior setback for the telecommunications antenna .and associated utility cabinet is hereby approved due to :its location adjacent to a private drive and that maintaining the required setback would cause the room to encroach within the vehicular accessway. In addition the equipment will be located adjacent to a 14-foot high sound wall and deviation will be imperceptible for the uses to the east. 6. That the waiver (e) pertaining to the required improvement of right-of-way is hereby approved on the basis that the proposed streets would connect to and be similar in width to the existing street grid; therefore, there is no reasonable relationship between the need for the full required dedication and the improvements and the traffic impacts associated with the proposed project 7. That waiver (f) pertaining to the maximum fence height is approved on the basis that the proposed wall height is consistent with other previously-approved developments and that it would function as a visual and sound barrier separating the Metrolink rail road and the proposed residential buildings. 8. That the proposed relocation of a legal nonconforming ground-mounted telecommunications antenna is granted in part, approving the relocation of a single carrier monopalm and denying a three carrier monopine because the monopine facility would be highly visible and the trees proposed would not be an adequate to provide a backdrop suitable to the facility. 9. That the proposed project is compatible with existing and surrounding land uses and maintains good overall project design. 10. That the project would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed because the site plan is well designed with adequate setbacks to the street and within the development, 11. That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area. 12. That the granting of this conditional use permit under the conditions imposed, would not be detrimental to the health and safety of the citizens of the City of Anaheim. -2- PC2006-82 13. 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: Thatas demonstrated by the analysis included in the Final Environmental Impact Report No. 330 EIR (Final EIR) and Addendum, the proposed project actions will not result in new significant impacts or substantial increases in the severity of previously identified significant impacts; and, therefore, no supplemental or subsequent environmental review is required. The Planning Commission hereby determines that the previously-certified Final EIR with the Addendum and Mitigation Monitoring Plan No. 122, are adequate to serve as the required environmental documentation for the proposed project actions in connection with Conditional Use Permit No. 2006-05072. 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: Telecommunications antenna: 1. That the applicant shall submit plans and photosimulations for a single carrier monopalm or monopine telecommunications antenna. The alternative selected shall be subject to review and approval by the Planning Services Division. The submitted landscape plan shall reflect tree species appropriate for the selected facility. Any decision by staff may be appealed to the Planning Commission as a Reports and Recommendations item. 2. That this telecommunications facility shall be limited to no more than three (3) sectors with no more than four (4) panel antenna on each sector and accessory ground-mounted equipment. The twelve (12) antennas shall be limited to a to an operating center height of 65 feet. No additional antennas or equipment cabinets shall be permitted without the approval of the Planning Commission at a noticed public hearing. Said information shall be specifically shown on the plans submitted by building permits. 3. That the antennas shall be finished and painted to match the faux palm or pine tree. Said information shall be specifically shown on the plans submitted by building permits. 4. That the equipment enclosure shall be constructed of materials that match the adjacent sound wall and shall be protected from graffiti opportunities by the use of plant materials such as minimum 1-gallon size clinging vines planted on maximum 3-foot centers or tall shrubbery. Any decision by staff may be appealed to the Planning Commission as a "Reports and Recommendations" item. 5. That all equipment, including supply cabinets and power meter shall be screened from the public view. In addition the cable connecting to the equipment shall be underground and shall not be visible to the public. Said information shall be specifically shown on plans submitted for building permits. 6. That the Operator shall ensure that its installation and choice of frequencies will not interfere with in the 800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity for public safety and related .purposes. 7. That before activating this facility, the Operator shall submit to apost-installation test to confirm that the facility does not interfere with the City of Anaheim's Public Safety radio equipment. This test shall be conducted by the Communications Division of the Orange County Sheriff's Department or a Division approved contractor at the expense of Operator. 8. That the Operator shall provide a 24-hour telephone number to the Planning Services Division (to be forwarded to the Fire and Police Departments) to which interference problems may be reported, and shall resolve all interference complaints within 24 hours. -3- PC2006-82 9. That the Operator shall ensure that any of its contractors, sub-contractors or agents, or any other user of the facility, shall comply with the terms and conditions of this permit. 10. That should this telecommunication facility be sold, the Planning Services Divisions shall be notified within 30 days of the close of escrow. , 11. That any required relocation of City electrical facilities shall be at the petitioner's expense. Landscape and/or landscape screening of all pad mounted equipment shall be required and shall be specifically shown on plans submitted for building permits. 12. That the applicant shall obtain aRight-of-Way Construction Permit from the Public Works Department for any work within the public right-of-way, including but not limited to installation of conduit, cable, and electrical service lines. Conditional Use Permit: 13. That prior [o issuance of a building permit, excluding model homes and the recreation center with the concurrence of the .Public Works Department and the City Attorney's Office, the final map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder. 14. That the City of Anaheim Sewer Impact Mitigation fee for the Old Town Basin 8 Area shall be paid. 15. That all existing driveway approaches on Olive Street and South Street shall be removed and replaced with curb, gutter, parkway landscaping, and sidewalk. Said information shall be specially shown on plans submitted for building permits. A Right-of-Way Construction Permit shall be obtained from the Public Works Department. Improvements must be complete prior to final building and zoning inspections. 16. That the private streets within the development shall be privately maintained. On-street parking shall be allowed only in designated parking stalls. The grading and street improvement plans shall either include no parking signs or red curbs to identify the parking restrictions at locations specified by the Public Works Department. 17. That, prior to issuance of a grading permit, the applicant shall submit to the Public Works Department Development Services Division for review and approval a Water Quality .Management Plan that: • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. • Incorporates Treatment Control BMPs as defined in the DAMP. • Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. • Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs, and • Describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. 18. That, prior to issuance of certificate of occupancy, the applicant shall: • Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP. -4- PC2006-82 • Demonstrate that an adequate number of copies of the approved Project WOMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 19. That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 115. Said information shall be specifically shown on plans submitted for building permits. 20. That gates shall not be installed across the driveway in a manner which may adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan No. 475 and shall be subject to the review and approval of the Planning Services Division prior to issuance of a building permit. 21. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval in conformance with the Engineering Standard No. 115 pertaining to sight distance visibility for the sign or wall/fence locations. 22. That an on-site trash truck turn around area shall be provided per Engineering Standard Detail No. 476 and shown on plans as required by the Department of Public Works, Sanitation Division. Said information shall be specifically shown on plans submitted for building permits. 23. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said Department. Said information shall be specifically shown on the plans submitted for building permits. 24. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approval. 25. 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.) and shall be subject to the review and approval of the appropriate City departments. 26. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities Department. 27. That all existing water services and fire lines shall conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 28. That all backflow equipment shall be located above ground outside of the front setback area in a manner fully screened from all public streets and alleys. Any backflow assemblies currently installed in a vault shall be brought up to current standards.. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering :Division outside of the front setback area in a manner fully screened from all putilic street and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. 29. That since this project has landscaping area exceeding 2,500 square feet., a separate irrigation meter shall be installed and comply with Gity Ordinance No. 5349 and Chapter 10.19 of Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. -5- PC2006-82 30. That prior to submitting water improvement plans, the developer shall submit a water system master plan, including a hydraulic distribution network analysis, for Public Utilities Water Engineering review and approval. The master plan shall demonstrate the adequacy of the proposed on-site water system td meet the project's water demand and fire protection requirements. 31. That water improvement plans in areas not covered under the Cooperation Agreement between the City of Anaheim and the Anaheim Redevelopment Agency shall be submitted to the W ater Engineering Division for approval and a performance bond in the amount approved by the City Engineer and in a form approved by the City Attorney shall be posted with the City of Anaheim. 32. That prior to rendering water service, the developer shall submit a set of improvement plans for Public Utilities Water Engineering review and approval in determining the conditions necessary for providing water service to the project. 33. That prior to application for water meters, fire line or submitting the water improvement plans for approval, the developer/owner shall submit to the Public Utilities Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall occur in accordance with Rule No. 15A.6 of the Water Utility Rates, Ru es and Regulations. 34. That the property owner/developer shall install street lights on the public streets in areas not covered under the Cooperation Agreement between the City of Anaheim and the Anaheim Redevelopment Agency as required by the Electrical Engineering Division. A bond for the installation of the street lights shall be posted with the City of Anaheim prior to issuance of building permits. The street lights shall be installed prior to occupancy. 35. That the property owner/developer shall provide the City of Anaheim with a public utilities easement to be determined as electrical design is completed. 36. That any required relocation of City electrical facilities in areas not covered under the Cooperation Agreement between the City of Anaheim and the Anaheim Redevelopment Agency shall be at the developer's expense. Landscape and/or hardscape screening of all pad mounted equipment shall be required and shall be shown on plans submitted for building permits. 37. That the entire property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-fpur (24) hours from time of discovery. 38. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 39. That street trees shall be installed, by the property owner, within the public rights-of-way adjacent to Olive Street, South Street, Kroeger Street, and Melrose Street. The size, type and number of trees shall be provided tp the satisfaction of the Urban Forestry Division of the Community Services Department. Said information shall be specifically shown on plans submitted for building permits. 40. That all air conditioning apparatus and other roof and ground-mounted equipment shall be properly shielded from view and the sound buffered from adjacent residential properties and the public right-of-way. Such information shall be specifically shown on the plans submitted for building permits. 41. That the applicant shall agree to construct affordable units and record in the official records of Orange County, California, an unsubordinated density bonus housing agreement, in a form acceptable to the City Attorney and Community Development Department, against each of the affordable units. The affordable units shall be subject to the requirements of the density bonus housing agreement for a -6- PC2006-82 period of thirty (30) years, beginning on the date a certificate of occupancy is granted For the affordable units. 42. That final building elevation plans shall be submitted to the Planning Department for review and approval. Any decision made by the Planning and Community Development Departments regarding said plan may be appealed to the Planning Commission as a Reports and Recommendations item. Such information shall be specifically shown on the plans submitted for building permits. 43. That final Landscape and fencing plans for the subject property shall be submitted to the Planning Department for review and approval. Said plans shall show minimum 24-inch box size trees for all trees required by Code, minimum 5 gallon shrubs for fifty percent (50%) of shrubs required by Code, groundcover, and clinging vines to be planted in layers. The landscape material selected shall be appropriate to the width of either the parkway or the planter area. Any decision made by the Planning and Community Development Departments regarding said plan maybe appealed to the Planning Commission. All trees shall be properly and professionally maintained by the property owner to ensure mature, healthy growth. Such information shall be specifically shown on the plans submitted for building permits. 44. That the owner shall submit a request for termination of Variance No. 3530 (waiver of maximum number of compact parking spaces and minimum number of .parking spaces to construct an industrial warehouse facility), Variance No. 4242 (waiver of minimum number of parking spaces to construct a 49,615 square foot office area within a 406,992 square foot industrial complex) and Administrative Adjustment No. 138 (waiver of maximum fence height to construct a six foot high wrought iron fence within the required setback area) since these entitlements are no longer necessary. 45. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 36, and as conditioned herein. 46. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 5, 12, 13, 14, 15, 19, 20, 21, 22, 23, 24, 25, 28, 29, 31, 34, 36, 39, 40, 41, 42, 43, and 44, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted to accordance with Section 18.60 of the Anaheim Municipal Code. 47. That prior to issuance of a grading permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition No. 17, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60 of the Anaheim Municipal Code. 48. That prior to final building and zoning inspections, Condition Nos. 6, 8, 15, 18, 34 and 45, above-mentioned, shall be complied with. 49. That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 50. 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. -7- PC2006-82 BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 18, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Reso ution in the event of an appeal. (ORIGINAL SIGNED BY GAIL EASTMAN) CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, .Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on September 18, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN., FAESSEL, FLORES, KARAKI, ROMERO, VELASOUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this day of 2006. (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -t3- PC2006-82 ATTACHMENT NO. b September 25, 2006 Kenneth and Vera Thompson 282 South Anita Drive Orange, CA 92868 Timothy Guy CP/HERS Anaheim L. P. One Federal Street, 18'h Floor Boston, MA 02110 Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of September 18, 2006. 10a. 10b. 10c. 10d. Owner: Kenneth and Vera Thompson., 282 South Anita Drive, Orange, CA 92868 Timothy Guy; CP/HERS Anaheim L.P., One Federal Street, 18'h Floor, Boston, MA 02110 Agent: Cheryl Stump, Brookfield Homes, 3090 Bristol Street #200, Costa Mesa, CA 92626 Location: 525 and 711 East South Street: Property is approximately 20.36 acres, and is located at the northeast corner of Olive Street and South Street. Conditional Use Permit No. 2006-05072: Request to construct a 339 unit single-family attached condominium planned unit development with modification of development standards and to relocate a legal nonconforming ground-mounted telecommunications antenna with waivers of (a) minimum lot area per dwelling unit, {b) minimum setback between buildings. (c) maximum wall length, (d) interior setback for telecommunications anterina, (e) required improvement of right-of-way and (f) maximum fence height. Tentative Tract Map No. 16994 - To establish a 63 lot*, 339 unit attadhed single- family residential condominium subdivision, `Advertised as a 64-lot subdivision. ACTION: Commissioner Velasquez offered a motion, seconded by Commissioner Faessel and MOTION CARRIED, that the Anaheim Planning Commission has reviewed the proposal to construct a 339 unit single-family attached condominium planned unit development with modification of development standards and to relocate a legal nonconforming ground- mounted telecommunications antenna and does hereby approve the Addendum to previously-certified EIR No. 330 and Mitigation Monitoring Plan No. 122 upon finding that this serves as adequate environmental documentation for this request for Tentative Tract Map No. 16994 to establish a 63 lot, 339 unit attached single-family residential condominium subdivision. Aproject-specific Initial Study has been prepared and additional environmental review and mitigation has been provided as needed pursuant to the procedures outlined for subsequent projects under a Program EIR. Commissioner Velasquez offered a motion, seconded by Commissioner Buffo and MOTION CARRIED, that the Anaheim Planning Commission does hereby determine that the proposed tentative map, including its design and improvements, is consistent with the Anaheim General Plan, and the site is physically suitable for the type and density of development, and does therefore approve Tentative Tract Map No. 16994, to establish a 63 lot, 339 unif attached single-family residential condominium subdivision subject to the following conditions: 1. That the final map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder (Subdivision Map Act, Section 66499.40). 2. That the legal property owner shall execute a Subdivision Agreement, in a form approved by the City Attorney, to complete the required public improvements in areas not covered under the Cooperation Agreement between the City of Anaheim and the Anaheim Redevelopment Agency at the legal property owner's expense. 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 tract map. 3. That vehicular access rights to Olive Street, Water Street and South Street (except at street openings) shall be released and relinquished to the City of Anaheim. 4. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim, on the final map, an easement of 32-feet from the centerline of South Street and a corner cutoff at Olive Street for road, public utilities and other public purposes. 5. That the right-of-way at the existing Atchison Street cul-de-sac shall be abandoned prior to final map recordation. If the street is still in use, then a temporary cul-de-sac shall be provided to the north of the new Water Street. 6. That sanitary sewer and storm drains for this development shall be privately maintained except the mainline sewer and storm drain within the public streets. Improvement plans for the sanitary sewer, and private drainage system shall be submitted to the Public Works Department, Development Services Division concurrently with the final map. 7. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim (Water Engineering Division) an easement twenty (20) feet in width for water service mains and/or an easement for large meters and other public water facilities. 8. That prior to final map approval, a maintenance covenant, shall be submitted to the Subdivision Section and approved by the City Attorney's office. The covenant shall include provisions for maintenance of private facilities, including compliance with approved Water Quality Management Plan, and a maintenance exhibit. The covenant shall also include provisions requiring that garages shall be maintained for vehicle parking in compliance with code. Said parking provision shall then be incorporated into the CC&R's. The covenant shall be recorded concurrently with the final map. 9. That prior to final map approval, all condominium units shall be assigned street addresses by the Building Division. 10. That approval of this tract map is granted subject to the approval of Conditional Use Permit No. 2006-05072, now pending. 11. That prior to final tract map approval, Condition Nos. 2, 3, 4, 6, 7, 8, 9 and 10, above- mentioned, shall be complied with. 12. That timing far compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 13. That approval of this application consitutes 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. Sincerely, Eleanor Morris, Senicr Secretary Anaheim Planning Commission TTM'16994_Excerpt_cr5753em ATTACHMENT NO. 7 DENSITY BONUS MEMORANDUM WITH COMMUNITY DEVELOPMENT AFFORDABLE FOR-SALE HOUSING DEVELOPMENT Date of this Agreement: August 6, 2008 Developer Name: Brookfield Olive Street LLC - Developer Address: 3090 Bristol Street, Suite 200, Costa Mesa, CA 92626 Project Address: 610 S. Olive Street, Anaheim, CA 92805 Name of Development: Colony Park Number of Units: Total units 270 Affordable units Moderate Income (10%) Type of Development: Single Family Detached- Condominiums/Townhomes XX Affordable Program: Density Bonus XX The City of Anaheim may grant a density bonus and other incentives (collectively referred to as a "Density Bonus") for an Affordable For-Sale Housing Development, pursuant to Chapter 4, Section 65915 of the California Government Code and Title 18, Chapter 18.52 of the Anaheim Municipal Code. Upon approval of a Density Bonus, the City of Anaheim shall enter into a Density Bonus Housing Agreement with the developer and/or owner (hereinafter referred to as "Developer') of the Affordable For-Sale Housing Development pursuant to the requirements listed of Chapter 18.52. This Density Bonus Memorandum with Community Development, executed by the Developer and the Anaheim Community Development Department, shall serve as a memorandum acknowledging the basic terms that will be included in the Density Bonus Housing Agreement and shall be submitted to the Planning Department by the Developer at the same time the Developer applies for the Density Bonus. Prior to final map approval, or where a map is not being processed, prior to the issuance of any grading or building permits for an Affordable For-Sale Housing Development, the Developer shall execute and record against the parcel or parcels designated for the construction of affordable units a Density Bonus Housing Agreement, and if required by the Density Bonus Housing Agreement, a declaration of covenants, conditions, and restrictions ("CC&R's") that sets forth the terms and conditions of approval of said Density Bonus. The Density Bonus Housing AgreemenUCC&R's shall be binding on the Developer and all future owners and successors in interest thereof. Developer acknowledges that the Density Bonus Housing Agreement/CC&R's will include, but not be limited to, the fallowing terms and conditions: That at least twenty-seven (27) of the total number of units, 10% of 270, shall be Affordable Housing Units. Affordable Housing Units shall consist of any unit for which an initial sale: a) is made to a Low or Moderate Income Household, b) at an Affordable Housing Cost, c) to a household receiving assistance under any of Anaheim's Homebuyer Downpayment Assistance Programs. Household income limits for Low Income Households (51°10-80% of the .area median income for Orange County, adjusted for appropriate household size) are as established by the California Department of Housing and Community Development (HCD). r ~nocs~nnnunr;~carentm~:nnnsnam~ c~m,a. r„d: uo„m~~ °o,..,: a~~„~.o„~d,,,~ ~e-n.as~ uuc Household income limits for Moderate Income Households (81%-120% of the area median income for Orange County, adjusted for appropriate household size) are as established by the California Department of Housing and Community Development (HCD). The Affordable Housing Cost for Low Income Households shall be calculated as the product of 30% times 70% of the area median income for Orange County adjusted for the household size appropriate for the unit (Health & Safety Code Section 50052.5(b)(4). The Affordable Housing Cost for Moderate Income Households shall be calculated as the product of 35% times 140% of the area median income for Orange County adjusted for the household size appropriate for the unit (Health & Safety Code Section 50052.5(b)(4). Household size appropriate fo the unit is the number of bedrooms plus one as derived from the standards of California Redevelopment Law. Qualification of prospective Low and Moderate Income households shall be based on actual-household income limits. 2. That the affordable units shall be constructed concurrently with other units unless both the City and the applicant agree within the Density Bonus Housing Agreement to an alternative schedule for development. 3. That the affordable units shall be interspersed throughout the Affordable For-Sale Housing Development. 4. That the term of affordability shall be fora .minimum period of thirty (30) years, or a longer period of time if required by a construction or mortgage financing assistance program, mortgage insurance program, or law. 5. That the Occupancy of each unit in the Affordable For-Sale Housing Development shall not exceed two (2) persons per bedroom plus one (1) person. 6. That the Housing Services Agency' shall be afforded a first right of refusal in referring eligible buyers to affordable units: a) Low-Income Households or Moderate-Income Households, as applicable, who have been displaced from their residences due to programs or projects implemented by the Anaheim Community Development Department; b) Low-Income Households or Moderate-Income Households, as applicable, who have applied for and Housing Services Agency; c) Low-Income Households or Moderate-Income Households, as applicable, who are listed on the Housing Services Agency's waiting list for affordable housing and who live and/or work in Anaheim; and d) Low-Income Households or Moderate-Income Households, as applicable who live and/or work in Anaheim. That the owner of the Affordable For-Sale Housing Development agrees to comply with all reporting requirements under the Affordable Housing Development Program. P^llOCS.:\Db°\~AGRF[hfNTTAi\Ytla4A CoWny Ih,k Ocnzlly [iairvs Memanr.A„m (x-GOxI U°l By signing and returning this Density Bonus Memorandum with Community Development, as the Developer and owner of the Affordable For-Sale Housing Development, I concur and agree to all of the terms and conditions set forth above and agree to execute a Density Bonus Housing Agreement. U ~' p Jo rien, rookfi Id- live Street LLC Dat ((~ 10 ~ll d Date FV)UCS _\UNIINb\GILLL+M1iN't\A,iAYY06A Cdrmy Vad; Vvnsiiy flonux M.mnrvndwu (tl-GOBJ UC1C tLCept Acknowledged: Au ust 18, 2008 Subject Property Final Site Plan No. 2007-00013 Specific Plan Zone No. 2007-00051 Tentative Parcel Map No. 2006-19~ Variance No. 2007-04742 F 1240 South Walnut Street 10582 ~~ Aerial Pholo: JuIV 200G I~ R;~,.~ ~ ~ r,_ \NALNUT MANOR RETIREMENT °1 coMMUNrrY ~ w ft5-~ GU EACH ~' BALLf ~~ i RS-Z 1 CU EACH GOODHUE AVE _P sz.z ,`~~ '< toy EACH )Du 2ao ~ --+.j s lou VFiC04NT SP92-2 DAB SP9~ ~ DAl HOLIDAY STATION iab. aofis-)ss Th11a612 POST OFFICE G?A ?UC6-UCd66 RCL 6G6]-fit 1106) RCL fiGO]-61 I26) GUP 3258 VAR 200]A.]4: VAR .3tU u Esa zoo]-o00)3 SPN 20U6~0005. LLS' - SPN 2UU6-000it v Icu?r)nl n (VAR 1;]6) ~ HOLIDAY INN HOi EL S SUITES 2 SP9Z-~ DISNEY PARKING STRUCTURE SP9'e-i PARKItJG LOT SP92-~ DISNEY PARKING STRUCTURE SPECIFIC PT AN AMENDMENT NO. 2007-00051 :August l8, 2008 Page 2 of 3 PR®P®SA;L: The apphcantproposes to demolish the existing vacai develop a 120-room. hotel on the north 2.06-acre. portion of the prope The hotel will include a surface parking lot, hotel: lobby, meeting roo on the ground level, and three: stories of hotel rooms above the grown analysis ofthe proposed project is provided below. Please refer to th attached to the staff report forproject details (Attachment No, 1). A,1VAI,YSIS: Following is staff's analysis and recommendations on Specafic Plan Aanendenent: The applicant proposes to amend the Ai to increase the hotel density for the property from Low Density, whit ,. t.+........ f.~......ug uuu awaravuua:ua.w~o: a.uoa.ua~.uwau~aa.a.au_au uau uawaaun amt a internal pedestrian and vehicular circulation between the two hotel pi-ojects. landscaping: on the two parcels exceeds code requirements, and since a recip easement will provide for more efficien4 circulation on the site, staff support Pi.~JiJ~"T 5ti`R'ii4i.~i2~' SI'B4ahi~' PF,:~~ :4?~~~~Dli?E14`T ?~I~. 2007-00051 ~'.4iZIANii~ N®. 2007-04742 P'ITMdAL SITS PIl,AiV ?V®. 2007-00013 'i'BN'i'A"I'1!~'iv P.0.f2~iL R'I:~P iS`®. 2006-195 I)evelo rnent Standard Proposed Project ?ASP done Standards Site Area ~ x.912-acres N!A Parking 110 j 110 Landscapine Setback: ~ 1 ~ Adjaoent to Ball Raad. 2C1 feet ~ 30 feet South'' 0 feet* 10 feet West 10 feet 10 feet ~ Bast 10 feet I 0 feet ~ * Waiver requested [~I~~T] A~'TA~x~>EN~ ~®~ 2 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE CITY OF ANAHEIM PLANNING COMMISSION DETERMINING THAT A CEQA MITIGATED NEGATNE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND RECOMMENDIlVG CITY COUNCIL ADOPTION OF AMENDMENT NO. 12 TO THE ANAHEIM RESORT SPECIFIC PLAN NO. 92-2 AND AMENDING ORDINANCE NO. 5453 ACCORDINGLY (SPECIFIC PLAN AMENDMENT NO. 2007-00051) WHEREAS, on Apri129, 1986, City Council of the City of Anaheim adopted Ordinance No. 4709 to establish uniform procedures for the adoption and implementation of Specific Plans for the coordination of future development within the City, and "Zoning and Development Standards" when the Specific Plan includes zoning regulations and development standards to be substituted for existing zoning under the Zoning Code, which "Zoning and Development Standards" shall be adopted by ordinance independent of the rest of the Specific Plan; and WHEREAS, the City Council of the City of Anaheim adopted the Anaheim Resort Specific Plan (ARSP) No. 92-2 on September 27, 1994, to provide a long range, comprehensive plan for future development of approximately 549-acres within The Anaheim Resort. The Specific Plan includes zoning and development standards, design guidelines and a public facilities plan, and permits the development of hotel/motel, convention, retail and other visitor-serving uses; and WHEREAS, in connection with the adoption of ARSP No. 92-2, the City Council certified Environmental Impact Report No. 313, with a Statement of Findings and Facts and a Statement of Overriding Consideration, and adopted Mitigation Monitoring Program No. 0085; and WHEREAS, on June 3, 1997, the City Council adopted Ordinance No. 5599 amending Ordinance No. 5454 relating to ARSP No. 92-2, Amendment No. 1, which amendment revised the legal description and boundaries of the Anaheim Resort Specific Plan by reclassifying and incorporating a 4.67-acre parcel into the ARSP No. 92-2 Zone; and WHEREAS, Amendment No. 2 to the ARSP No. 92-2, a request to amend the zoning and development standards to add "Coffee House" as a conditionally permitted accessory use in conjunction with an automobile service station, was denied by the Planning Commission on October 12, 1998, and the petition was subsequently withdrawn by the applicant at the 7anuary 26, 1999, City Council meeting; and WHEREAS, on May 18, 1999, the City Council adopted Ordinance No. 5685 amending Ordinance No. 5453 relating to Adjustment No. 1 to the ARSP No. 92-2, which adjustment amended the Zoning and Development Standards set forth in Chapter 18.48 ofthe Anaheim Municipal Code relating to structural setbacks and yard requirements to reflect the local street status of Convention Way; and 1 - PC2008-*** WHEREAS, on July 27, 1499; the City Council adopted Ordinance No. 5964 amending Ordinance Nos. 5454 relating to Amendment No. 3 to ARSP No. 92-2, which amendment revised the legal description and boundaries of the ARSP by reclassifying and incorporating a 0.73-acre parcel into the ARSP No. 92-2 Zone; and WHEREAS, on September 21, 1999, the City Council adopted Ordinance No. 5703 relating to Adjustment No. 2 to the ARSP No. 92-2, which adjustment amended the Zoning and Development Standards set forth in Chapter 18.48 of the Anaheim Municipal Code relating to the minimum landscape setback requirement for properties adjacent to Manchester Avenue between Katella Avenue and the southern boundazy of the ARSP Area; and WHEREAS, on May 1, 2001, the City Council adopted Ordinance No. 5769 relating to Adjustment No. 3 to the ARSP No. 92-2, which adjustment amended the Zoning and Development Standards set forth in Chapter 18.48 of the Anaheim Municipal Code relating to temporary pazking requirements; and WHEREAS, on April 26, 2004, the City Council adopted Ordinance No. 5910 amending Ordinance No. 5453 relating to Adjustment No. 4 to the ARSP No. 92-2, which adjustment amended the Zoning and Development Standards set forth in Chapter 18.48 of the Anaheim Municipal Code relating to office uses in a legal non-conforming building; and WHEREAS, on June 8, 2004, the City Council adopted Ordinance No. 5922 amending Ordinance No. 5454 relating to Amendment No. 5 (which also incorporates Amendment No. 4) to the ARSP No. 92-2, which amendment revised the legal description and boundaries of the ARSP by reclassifying and incorporating 27 acres into the ARSP No. 92-2 Zone; and WHEREAS, on February 8, 2005, the City Council adopted Ordinance No. 5954 amending Ordinance No. 5453 relating to Amendment No. 6 to the ARSP No. 92-2, which amendment modified the Zoning and Development Standazds pertaining to the establishment of mini-mazket/convenience markets as accessory uses in conjmlction with a relocated service station and prohibition of tow truck operations in conjunction with service station facilities; and WHEREAS, on September 12, 2006, the City Council adopted Ordinance No. 6036 amending Ordinance No. 5453 relating to Amendment No. 7 to the ARSP No. 92-2, which amendment modified the Zoning and Development Standards pertaining to the establishment of an ARR (Anaheim Resort Residential) Overlay to provide the opportunity to develop residential units in conjunction with high-quality, luxury hotels within tazgeted areas; and WHEREAS, on May 8, 2007, the City Council adopted Ordinance No. 6058 amending Ordinance No. 5453 relating to Amendment No. 8 to the ARSP No. 92-2, which amendment relates to modifications to the Zoning and Development Standards pertaining to development criteria for wholly-residential development within the ARR Overlay on a designated 26.7 acre site within the ARSP Area; and WHEREAS, on March 4, 2008, the City Council adopted Ordinance No. 6099 amending Ordinance No. 5453 relating to Amendment No. 9 to the ARSP No. 92-2, to repeal modifications to the Zoning and Development Standazds, previously approved by Amendment No. 8 to the ARSP No. 92-2; and - 2 - PC2008-*** WHEREAS, on February 2Q, 2008 Planning Commission approved Specific Plan Amendment No. 10 to the ARSP No. 92-2 to construct a mixed use project consisting of a 10~- room hotel on the western 1.5-acre portion of the project site adjacent to Harbor Boulevard, and a 191-unit, condominium complex, including nine live/work units, on the eastern 3.3-acre portion of the project site and the petition was subsequently withdrawn by the applicant; and WHEREAS, on March 4, 2008, City Council adopted Ordinance No. 6098 amending Ordinance No. 5453 relating to Amendment No. 11 to the ARSP No. 92-2 and to amend the General Plan to generally prohibit residential development within The Anaheim Resort unless such a project included environmental and economic analysis, city council approval and voter approval at a city election; and WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Specific Plan Amendment No. 2007-00051 (also referred to herein as "the proposed Amendment No. 12 to the ARSP No. 92-2"); and said amendment is a proposal to redesignate certain real property situated in The Anaheim Resort azea of the City of Anaheim, County of Orange, State of California as more particularly described in Exhibit "A" attached hereto and incorporated by this reference from Low Density to Medium Density; and WHEREAS, Exhibit "B" attached hereto and incorporated by this reference depicts the proposed Medium Density designation on the certain real property; and WHEREAS, Specific Plan Amendment No. 2007-00051 is proposed in conjunction with Variance No. 2007-04742, Final Site Plan No. 2007-00013, and Tentative Parcel Map No. 2006-195 to construct a 120-room hotel with less landscaping adjacent to an interior property line than required by code and to subdivide an existing parcel into two pazcels; and WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevazd, on August 18, 2008, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, to hear and consider evidence for and against said proposedproject actions, including Specific Plan Amendment No. 2007-00051, and to investigate and make findings and reconunendations in connection therewith; and WHEREAS, at the time and place fixed for said public hearing, the Anaheim Planning Commission did hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports, and did consider the same; and WHEREAS, the Anaheim Planning Commission does find, after careful consideration of all evidence and reports submitted to said Commission, and all evidence and reports offered at said public hearing, that all of the findings set forth in Section 18.72:060 ofthe Anaheim Municipal Code required for the recommendation for approval of said specific plan amendment are present for the following reasons: - 3 - PC2008-*** 1. That the properties proposed for the specific plan amendment have unique site characteristics., such as topography, location or surroundings in order to increase the density on the site; 2. That the specific plan amendment is consistent with the goals and policies ofthe General Plan, and with the purposes, standards and land use guidelines therein, in that the subject properties are designated by the General Plan for Commercial Recreation land use and the proposed project is for hotel development; 3. That the specific plan amendment results in development of desirable project that will be compatible with existing and proposed development in the surrounding neighborhood; contributes to a balance of land uses throughout the City; and, respects environmental, aesthetic and historic resources consistent with economic realities. WHEREAS, the Anaheim Planning Commission has reviewed the proposal and does hereby find that the Mitigated Negative Declaration and the associated Mitigation Monitoring Program No. 000003 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Mitigated Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, the Anaheim Planning Commission does hereby recommend City Council approval of Specific Plan Amendment No. 2007-00051 as described above and contained in the attached Exhibit "B". THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 18, 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. CHAII2MAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 4 - PC2008-*** STATE OF CALIFORNIA } COLINTI' 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 August 18, 2008, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: August, 2008. IN WITNESS WHEREOF, I have hereunto set my hand this day of SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 5 - PC2008-*** E~fIIBI'T "A" SPECIFIC' PI..~N AIVIEI~TI9~IE1~r'I' ~®. ?007-00091 ~~ ~~~ '- o ~~M ~ ~ ~- ~ ~ ~ ~' o Z d BALL RD '.240' - 0 m ;o~ ;u~ ' ~ ? "i o` . . 3~}ST -o m N GDODHUE AVE 603 72' - ,g~ ~ ~y Source: RecordedTred Meps and/or City GIS. P t f l Pleese note the ecaracyis+/_ o five . no ee - 6 - PC2008-*** ~j'VYBAII-iT 66FD 9f ®VQ~1 L p 5 e/R nilea ~f•1 Subject Property Commercial Recreation District-Development pensity S;S' Low Density: Up to 50 Hptel RGOmslGmss Ave or 75 rooms per parcel, whichever is greater fi'7s1 Low-Medium Density: Up to 75 Hotel Rooms/Gmss Aae p'r r or 75 rooms per parcel, whichever is greater Medium Density: Up to 10D Hotel Rooms/Gmss Ave or 75 rooms per parcel, whichever is greater Wnvenfion Center Medium: Up [0 125 Hotel Roams/Gmss Ave or 75 rooms per parcel, whichever isgreater The Anaheim Resort y IW. 9ALL R0 ~ i' E. fl4LL RC o r s i s m ~ ~ CERRIi05 AVE = ~ ~; o w . - _ W W ITELLAAVEN - ~ ~E E ItATEL11`N _ e~ E. GPPNGEWOGP AV= e ~ W CHAPMNJ AVE 5 t ~ ,. ~~ ~ -CNA PIAPN'AVE. - 7 - PC2008-*** 2804_1 (119 F'f] RESOLUTION NO. PC2008-*** A'F'li'AC~IVI(ElV')E' I~IQ9. 3 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMIIvING THAT A CEQA MITIGATED NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING VARIANCE NO. 2007-04742 (1240 SOUTH WALNUT' STREET) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for a Variance to permit less landscaping adjacent to an interior property line than required by code in connection with development of a new 120-room hotel for certain real property situated in The Anaheim Resort azea of the City of Anaheim, County of Orange, State of California, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, Variance No. 2007-04742 is proposed in connection with Specific Plan Amendment No. 2007-00051, Final Site Plan No. 2007-00013, and Tentative Parcel Map No. 2006- 195 to amend the Anaheim Resort Specific Plan to redesignate the project site hotel density from Low Density to Medium Density, to construct a 120-room hotel and to subdivide an existing parcel into two parcels; WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on August 18, 2008, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to heaz and consider evidence for and against said proposed project actions, including Variance No. 2007- 04742, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the petitioner requests waiver of the following provisions of the Anaheim Municipal Code to permit the construction of a 120-room hotel. (a) SECTION NO. 18.116.090.00 Interior Landscaped Setback (10 foot fully landscaped setback required adiacent to an interior property line reouired: no landscape setback proposed) 2. That the requested waiver for interior landscaped setback is hereby approved since there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity on the basis that a reciprocal access easement is needed between Parcel No. 1 and Parcel No. 2 in order to allow for accessibility of vehicles and pedestrian access between the two hotel properties. Moreover, strict .application of the Zoning Code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity since other -1- PC2008-*** landscaped setback waivers have been granted for other commercially-zoned properties in the City in connection with the provision of reciprocal access easements to allow vehicular access between... adjacent properties. 3. That *** indicated their presence at said public hearing in opposition; .and that *** letters were received expressing concerns with the subject petition. WHEREAS, the Anaheim Planning Commission has reviewed the proposal and does hereby find that the Mitigated Negative Declaration and the associated Mitigation Monitoring Program No. 000003 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Mitigated Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED, that the Anaheim Planning Commission For the reasons hereinabove stated does hereby approve subject Petition for Variance subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference, 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. 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 [o 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 August 18, ?008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM FLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -2- PC2008-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do'hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on August 18, ?008, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: August, 2008. IN WITNESS WHEREOF, I have hereunto set my hand this day of SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2008-*** T~'F`6 BABHSHTi 6C A )9 `V,~IIZI~ICE PI®. 2007-04742 F- t- ~~Ft`- N~ ~~~ ~ v~ ~-' rn ~ m' ^ u w ~ o a GALL RD 2a p~ o' Source: RecardetlTred Meps andlor City GIS. Please note the aca~recy is+(_ ivw to five feet. GOODHUE AVE E~iTF3Al[39•A` GG HD 95 W AS'lIItilV i.li N®. b®®/-0~/~L fLesponsible for ?~®• Conditions off Approval 1Vlonitoring ~'rEN~IZi9`~' `' ~ . That the subject property shall be developed substantially in accordance with the plans i and specifications submitted to the City of Anaheim by the applicant and which plans Planning are on file with the Planning Department Exhibit Nos. 1 through 21 and as conditioned herein. That this Variance is granted subject to approva] of and finalization of Specific Plan 2 Amendment No. 2007-00051, Final Site Plan No. 2007-00013 and Tentative Parcel Planning Map No. 2006-195 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 3 applicable City, State and Federal regulations. Approval does not include any action Planning or findings as to compliance or approval of the request regazding any other applicable ordinance, regulation or requirement. 4 That extensions for further time to complete conditions of approval maybe granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. Planning -5- PC2008-*** [D F"I<'] ~T'I<'AC>E3"iI~~1~1T t`ad®e 4 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT A CEQA MITIGATED NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING TENTATIVE PARCEL MAP NO. 2006-195 (1240 SOUTH WALNUT STREET) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Tentative Parcel Map No. 2006-195 to establish a 2-lot subdivision to construct a 120-room hotel for certain real property situated in The Anaheim Resort area of the City of Anaheim, County of Orange, State of California, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, Tentative Parcel Map No. 2006-195 is proposed in connection with Specific Plan Amendment No. 2007-00051, Variance No. 2007-04742 and Final Site Plan No. 2007-00013 to amend the Anaheim Resort Specific Plan to redesignate the project site hotel density from Low Density to Medium Density and to construct a 120-room hotel with less landscaping adjacent to an interior property line then required by code; and WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on August 18, 2008, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in .accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed project actions, including Tentative Parcel Map No. 2006-195, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed tentative parcel map, including its design and improvements, is consistent with the City of Anaheim General Plan designation of Commercial Recreation land use. 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 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. 4. That the design of the subdivision or the type of improvements is not likely to cause .serious public health problems. PC2008-*** 5. 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. 6. That *** indicated their presence at said public hearing in opposition; and that *** letters were received in opposition to the subject petition. WHEREAS, the Anaheim Planning Commission has reviewed the proposal and does hereby find that the Mitigated Negative Declaration and the associated Mitigation Monitoring Program No. 000003 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declazation reflects the independentjudgment of the lead agency and that it has considered the Mitigated Negative Declazation together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Tentative Parcel Map subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference, 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: 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 approval of the final map for this project, whichever occurs first. Failure to pay all charges shall result in delays in the approval of the final map or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 18, 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 -2- PC2008-*** ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA } COUTITY 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 August 18, 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 August, 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2008-*** ~AFII~I'I' "A" 'I'I/N'I'A'I'Ii~E PAItCEI, PdIAI' Ie1®, ?006-149 NE `~~1E. ~ O ~~ ~~ ~ ~ ~ ~ ~ ~ ¢ z ~ o a ~ J Cn Q GALL RD .24.0' o: , ~ m' ' b~., :ua, ~, 345' 'o of N GdODHUE AVE 603.72 ~p Source: Retarded Trad Meps entlfor City GIS. Y-9 Please note the accuracy is +!- ivw to five feet. -4- PC2008-*** TENTA'PI~E PARCI;L,IVIAP N®. 2006-195 Responsible i'or N®• Conditions of Approval IVlonitoring ~IZI~IdT'~~+!IIYY9~1i~~.~1'~dZ®F`.4~.'i s`; ; .` 1 That an unsubordinated restricted covenant providing reciprocal access and Development parking approved by the Flanning Services Division in a form satisfactory to the Services City Attorney shall be recorded with the Office of the Orange County. An unsubordinated restrictive covenant approved by the Planning Services Division of the Planning Department and the Development Services Division of the Public Works Department and in a form satisfactory to the City Attorney shall be recorded with the Office of the Orange County Recorder. A covenant shall also be recorded on Parcel No. 2 indicating that prior to City authorization of any increase in density for Parcel 2, the Property Owner/Developer shall ensure that approximately 300 linear feet of 8-inch sewer line in Hampstead Street shall be replaced with a 10-inch sewer line. This covenant shall be referenced in a1( deeds transferring all or any part of the interest in the property. 2 That newly created parcels shall be assigned street addresses by the Building Planning Division. 3 That the final map shall be recorded within a period of two (2) years from the Development date of tlus resolution. Extensions for further time to complete said conditions Services maybe granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. ~~IVERAL ;. , . , _ ~- ,`r 4 That subject property shall be subdivided substantially in accordance with plans and Planning specifications submitted to the City ofAnaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1; and as conditioned herein. 5 That a final map shall be submitted to and approved by the City Engineer and the Development Orange County Surveyor. Following approval, the final parcel map shall be Services recorded in the Office of the Orange County Recorder prior to the issuance of the building permit. A reciprocal access agreement shall be recorded concurrently with the final parcel map. 6 That this Tentative Parcel Map is granted subject to approval of and finalization of Specific Plan Amendment No. 2007-00051, Final Site Plan No. 2007-00013 and Variance No. 2007-04742. -5- PC2008-*** No. Conditioaas of.4pproval Responsible for 1Vlonitorir~g 7 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. 8 That timing for compliance with conditions of approval maybe amended by the Flanning 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. -6- PC2008-*** [3~Y~A~'T] 4'g"Y'l~C~MEI~'F' 1$d~. 5 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT A CEQA MITIGATED NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING FINAL SITE PLAN NO. 2007-00013 (1240 SOUTH WALNUT STREET) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for a Final Site Plan to construct a 120-room hotel fox certain real property situated in The Anaheim Resort area of the City of Anaheim, County of Orange, State of California, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, Final Site Plan No. 2007-00013 is proposed in connection with Specific Plan Amendment No. 2007-00051, Variance No. 2007-04742 and Tentative Pazce] Map No. 2006- 195 to amend the Anaheim Resort Specific Plan to redesignate the project site hotel density from Low Density to Medium Density, to permit less landscaping adjacent to an interior property line then required by code and to subdivide an existing parcel into two parcels; and WHEREAS, the Ariaheim Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on August 18, 2008, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed project actions, including Final Site Plan No. 2007- 00013, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the request to develop a 120-room hotel complies with the Anaheim Resort Specific Plan (SP92-2) requirements including zoning and development standazds and the Anaheim Resort Design Plan, with the exception that less landscaping is proposed adjacent to an interior property line than required by code and that approval of said code waiver is requested in conjunction with Variance No. 2007-04742. 2. That the hotel project on Parcel No. 1 as depicted on the Final Site Plan Exhibit Nos. 1-21 on file in the Planning Department will be compatible with the existing hotel located on Parcel No. 2 and has been appropriately designed to promote increased pedestrian activity, efficient internal pedestrian and vehiculaz circulation, and recreational activity for visitors. Moreover, the project has been designed to have an attractive appearance from Ball Road to preserve .and enhance The Anaheim Resort. 3. That *** indicated their presence at said public hearing in opposition; and that *** letters were received expressing concerns with the subject petition. - 1 - PC2008-*** WHEREAS, the Anaheim Planning Commission has reviewed the proposal and does hereby find that the Mitigated Negative Declazation and the associated Mitigation Monitoring Program No. 000003 is adequate to serve as the required environmental documentation in connection with this request upon findine that the declazation reflects the independentjudgment of the lead agency and that it has considered the Mitigated Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and .any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby approve Final Site Plan No. 2007-00013 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference 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. 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. AND BE IT FURTHER RESOLVED that the property owner/developer is responsible for paying :all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice, prior to the issuance of building pennits 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 August 18, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and maybe replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION 2 - PC2008-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission,.do Hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on August 18, 2005, 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 August, 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 3 - PC2008-*** ~AY2~~11 ~~~`2r~ ~Y1VAd~ SdTE PLAN IVO. 2007-00013 ~T PvE F- d ~, ~' c ~ o a z BALL RD 240 o, m +T ;:~ oa~: :o, 345': 0 o; ry GOODHUE AVE 603:72' ,gp Source: Recortled TreQ Meps endlor City GIS. v Y Please note the accuracy is+t-tvw to nvz fzet. - 4 - PC2008-*** EXI~IDIT "~" IFII~'AI. SITP PI.A.N NO. 2007-OOOfl3 Conditions off Approval (NOTE: Mitigation Measures ("MM"), Project Design Features ("PDF") and Standard Conditions ("SC") from Mitigation Monitoring Program No. 000003 aze incorporated into these conditions of approval and are identified by the IBesponsible PIo. mitigation measure number below applicable condition numbers.) ffor iVlonitoreng Zil~R:z'CPI~S tlANC~"@~~_'~ILdZ•Dir1~Crl'~It11~dT5' a . The property owner/developer shall submit plans which illustrate that all 1 mechanical equipment and trash areas for the subject building(s) will be screened from adjacent public streets and adjacent residential areas. A note planning shall be added to construction documents indicating that screening shall be (11'I1VI I-fl) installed prior to the first final building and zoning inspection. The property owner/developer shall submit a landscape and irrigation plan which shall be prepared and certified by a licensed landscape azchitect. The landscape plan shall include a phasing plan for the installation and maintenance of landscaping associated with that building permit and shall be in conformance with the Water Efficiency Landscape Ordinance. The irrigation plan shall specify methods far moaitaring the irrigation system. The system shall ensure that irrigation rates do not exceed the infiltration of Planning 2 local soils, that the application of fertilizers and pesticides do not exceed appropriate levels of frequencies, and that surface runoff and over-watering is minimized. Public Works, (Ni1VI I-2) Anaheim Resort The landscape and imgation plans shall include water-conserving features Maintenance such as low flow irrigation heads, automatic irrigation scheduling equipment, flow sensing controls, rain sensors, soil moisture sensors, and other water- conserving equipment. In addition, all irrigation systems shall be designed so that they will function properly with reclaimed water, once a system is available. The landscape and irrigation plans shall be reviewed by the Anaheim Resort Maintenance District. The property owner/developer shall submit plans which detail the lighting system for any parking facilities adjacent to residential or light-sensitive uses. 3 The systems .shall be designed and maintained in such a manner as to conceal light sources to the extent feasible to minimize light spillage and glare to the adjacent uses. The plans shall be prepared and signed by a licensed electrical Planning (PDF I-1) engineer, with a letter from the engineer stating that, in the opinion of the engineer, this requirement has been met. All lighting fixtures, types and locations shall be identified on the plan submitted for building permits. - 5 - PC2008-*** The property owner/developer shall submit evidence that low emission paints and coatings ale utilized in the design and construction of buildings, in compliance with SCAQMD regulations. This information shall be denoted on the project plans and specifications. The property owner/developer shall also ` 4 implement the following to limit emission from architectural coatings and asphalt usage: (lidiVf I-2) Planning a. Use nonsolvent-based coatings on buildings, wherever appropriate. b. Use solvent-based coatings, where they are necessary, in ways that minimize solvent emissions. c. Encourage use of high-solid or water-based coatings. South Coast Air Quality The property owner/developer shall comply with all SCAQMD offset Management regulations and implementation of Best Available Control Technology District (for ~ (BACT) and Best Available Retrofit Control Techmology (BARCT) for any permit new or modified stationary source. Copies of permits shall be given to the issuance); Planning Department. Planning (for (IVIIVI III-5) verification of permit application and receipt) The property owner/developer shall implement, and demonstrate to the City, measures that are being taken to reduce operation-related air quality impacts. These measures may include, but are not limited to, the following: a. Improve thermal integrity of structures and reduced thermal load 6 through use of automated time clocks or occupant sensors. b. Incorporate efficient heating and other appliances. Resource c. Incorporate energy conservation measures in site orientation and in Efficiency; (R~IIVI II-6) building design, such as appropriate passive solar design. Planning d. Use drought-resistant landscaping wherever feasible to reduce energy used in pumping and transporting water. e. To the extent Feasible, provide daycare opportunities for employees or participate in a joint development daycare center. Implementation of energy conservation techniques (i.e., installation of energy ~ saving devices, construction of electrical vehicle charging stations, use of sunlight filtering window coatings or double-paned windows, utilization of Resource light-colored roofing materials as opposed to dark-colored roofing materials, Efficiency; {1VIM ppI_7) and placement of shady trees next to habitable structures) shall be indicated on Planning plans. - 6 - PC2008-*** 8 The property owner/developer shall submit plans showing that the proposed structure has been analyzed. for earthquake loading and designed according to the most recent seismic standards in the Uniform Building Code adopted by Building (1~'IIO'I i~I-1) the City of Anaheim. 9 The property o~mer/developer shall submit for review and approval, detailed foundation design information for the subject building(s), prepared by a civil Building engineer, based on recommendations by a geotechnical engineer. 10 The property owner/developer shall place a note on the grading and Planning Code construction plans stating that the construction contractor shall limit al] Enforcement construction-related activities that would be result in high noise levels to Building between the hours of 7:OOam and 7:OOpm Monday through Saturday. (verification of notes on plans) 11 projects shall be required to comply with requirements in effect at the time building permits are issued (i.e., impact fees, etc.). Pofiee (1VI1VI XIII-1) Plans shall be submitted to ensure that development is in accordance with the City of Anaheim Fire Department Standards, including: a. Overhead clearance shall not be less than 14 feat for the full width of access roads. 12 b. Adequate onsite private fire hydrants shall be provided by the property owner/developer. The precise number, types and locations of the Fire (1VII!'I XIII-5) hydrants shall be determined during building permit review. Hydrants are to be a maximum of 400 feet apart. c. A minimum residual water pressure of 20 psi shall remain in the water system. Flow rates for parking facilities shall be set at 1,000 to 1,500 gPm• The property owner/developer shall submit a Construction Fire Protection Plan 13 to the Fire Department for review and approval detailing accessibility of emergency fire equipment, fire hydrant location, and .any other construction features required by the Fire Marshal. The property owner/developer shall be Fire (NIM XIII-6) responsible for securing facilities acceptable to the Fire Department and hydrants shall be operational with required fire flow. - 7 - PC2008-*** The property owner/developer shall submit plans to the Police Department for 14 review and approval for the purpose of incorporating safety measures in the project design including the concept of crime prevention through Police environmental design (e.g., building design, circulation, site planning, and (MM XIII-9) lighting ofparking structures and parking azeas). 15 The project design shall include parking lots and parking structures with controlled access points to limit ingress .and egress if determined to be necessary by the Police Department, and shall be subject to the review and Police (MM XIII- approval of the Police Department. I1) 16 The property owner/developer shall provide proof of compliance with Government Code Section 53080 {schools) to the Building Division of the Planning, (IYIM XIII- Planning Department. Building I a> 17 The property owner/developer shall coordinate with the City of Anaheim Police Department to ensure that all public safety recommendations will be police implemented as part of the project. (SC XIII-1) The property owner/developer shall participate in the City's Master Plan of Storm Drains and related Infrastructure Improvement (Fee) Program to assist in mitigating existing and future storm drainage system deficiencies as follows: The property owner/developer shall submit a report for review and approval by the City Engineer to assist with determining the following: a. If the specific developmenUredevelopment does not increase or redirect current or historic storm water quantities/flow, then the property 18 owner's/developer's respansibility shall be limited to participation in the Infrastructure Improvement (Fee) Program to provide storm Development drainage facilities in 10- and 25-year storm frequencies and to protect Services (MM XVI-2) properties/structures fora 100-year storm frequency. b. If the specific development/redevelopment increases or redirects the current or historic storm water quantity/flow, then the property owner/developer shall be required to guarantee mitigation to the satisfaction of the City Engineer and City Attorney's Office of the impact prior to approval of a final subdivision map or issuance of a grading or building permit, whichever occurs first, pursuant to the improvements identified in the Master Plan of Drainage for the .South Central Area. The property owner/developer shall be required to install 8 - PC2008-*** the storm drainage facilities as recommended by the Master Plan of Drainage for the South Central Area to provide stomp drainage facilities for i0- and 25-year stoma frequencies and to protect properties/structures fora 100-year storm frequency prior to acceptance for maintenance of public improvements by the City or final building and zoning inspection for the building/structure, whichever occurs first: Additionally, the property owner/developer shall participate in the Infrastructure Improvement (Fee) Program as determined by the City Engineer which could include fees, credits, reimbursements, or a combination thereof. As part of guaranteeing the mitigation of impacts on the storm drainage system, a storm drainage system improvement phasing plan for the project shall be submitted by the property owner/developer to the City Engineer for review and approval and shall contain, at a minimum, (1) a layout of the complete system; (2) all facility sizes, including support calculations; (3) eonstmction phasing; and, (4) construction estimates. (Note: The City has adopted the Storm Drain Impact and Improvement Fee Program for the South Central City Area. Compliance with this Fee Program by the Property Owner/Developer [per Ordinance No. 5491 and Resolution No. 95R 61 dated April i 8, 1995] shall satisfy the requirements of this mitigation measure.) The property owner/developer shall submit plans showing that the structure 1 ~ will comply with the State. Energy Efficiency Standards for Nonresidential Resource Buildings (Title 24, Part 6, Article 2, California Code of Regulations) and will Efficiency; consult with the City of Anaheim Public Utilities Resource Efficiency Division Planning, (1VIM XVI-5) in order to review above Title 24 measures to incorporate into the project Building design including energy efficient designs.. Electrical The property owner/developer shall install an underground electrical service Engineering, ~0 from the Public Utilities Distribution System. The Underground Service will Resource be installed in accordance with the Electric Rules, Rates, Regulations and Efficiency; Electrical Specifications for Underground Systems. Electrical Service Fees and Planning, (1VIR4 JiVI-7} other applicable fees will be assessed in accordance with the Electric Rules, Building (for Rates, Regulations and Electrical Specifications for Underground Systems. verification of inclusion on building plans) 21 The property owner/developer shall demonstrate on plans that fuel efficient planning, models ofgas-powered building equipment have been incorporated into the Building project, to the extent feasible. (IVIR4 %VI-9} - 9 - PC2008-*** Payment of Transportation Impact and Improvement fee shall be in lieu of the following improvements at the intersection of Disneyland Drive ai Ball Road: - Modify the six-phase traffic signal to an eight-phase traffic signal with 22 protected le&tum phasing on Disneyland Drive and Ball Road. Widen Traffic and Disneyland Drive to provide dual northbound left-turn lanes, two through Transportation; lanes, and an exclusive right-tum lane. Re-stripe Disneyland Drive to provide Planning, (MM psi'-I) exclusive southbound dual left-tum Lanes, a through lane, and a shared through Building right-tum lane. Re-stripe the westbound through right-tum lane on Ball Road to provide an exclusive westbound right-turn lane. Payment of Transportation Impact and Improvement fee shall be in lieu of the 23 following improvements, Walnut Street at Ball Road: Re-stripe the northbound Traffic and right-tum lane on Walnut Street to a shared northbound through right-turn Transportation; (MM Xis-2) lane. Re-stripe the southbound right-tum lane on Walnut Street to a shared Planning, southbound through right-turn lane. Building Payment of Transportation Impact and Improvement fee shall be in lieu of the Traffic and 24 following improvements Disneyland Drive at Ball Road.• In addition to the Transportation; planned improvements identified previously, remove one of the dual planning, (MM XV-3) northbound left-turn lanes on Disneyland Drive. Widen and/or re-stripe the Building westbound right-tum lane to a shared through right-turn lane. ~5 The developer shall join and financially participate in the Anaheim Traffic and Transportation Network and Clean Fuel Shuttle Program. Transportation +PdZIOR ~'~FII yALzZB~ITI~'D,11~~r~1hID~2®IVIl~?lAtI1N~4TP,ECT~~IN~fi..' ~ ~_ 26 The property owner/developer shall participate in the assessment district for planning (MM I-3) landscape installation and maintenance established for The Anaheim Resort. 27 The property owner/developer shall submit a letter from a licensed landscape architect to the City, certifying that the landscape installation and irrigation planning (MM i~III-4) systems have been installed as specified in the approved landscaping and irrigation plans. 28 Plans shall indicate that all buildings shall have sprinklers installed by the property owner/developer in accordance with Anaheim Municipal Code. Said Fire (MM XIII-4) sprinklers shall be installed prior to each final building and zoning inspection. 29 The property owner/developer shall place emergency telephone service Fire (MM XIII-8) numbers in prominent locations as approved by the Fire Department. - 10 - PC2008-*** The property owner/developer shall submit project plans to the Public Works Department for review and approval to ensure that the plans comply with AB 939, the Solid Waste Reduction Act of 1989, as administered by the City of Anaheim and the County of Orange and City of Anaheim Integrated Waste Management Plans. Prior to final building and zoning inspection, implementation of said plan shall commence and shall remain in full effect. Waste management mitigation measures that shall betaken to reduce solid waste generation include, but are not limited to: a. Detailing the location and design of on-site recycling facilities. b. Providing on-site recycling receptacles to encourage recycling. c. Complying with all Federal, State and City regulation for hazardous material disposal. d. Participating in the City of Anaheim's "Recycle Anaheim" program or other substitute program as maybe developed by the 30 City. In order to meet the requirements of the Solid Waste Reduction Act of 1989 Streets and (MM X~'I-3) (AB 939), the property owner/developer shall implement numerous solid waste Sanitation reduction programs, as required by the Public Works Department, including, but not limited to: a. Facilitating paper recycling by providing chutes or convenient Ipcations for sorting and recycling bins. b. Facilitating cardboard recycling (especially in retail azeas) by providing adequate space and centralized locations for collection and bailing. c. Facilitating glass recycling (especially from restaurants) by providing adequate space for sorting and storing. d. Providing trash compactors for non-recyclable materials whenever feasible to reduce the total volume of solid waste and the number of trips required for collection. e. Prohibiting curbside pick-up. The property owner/developer shall implement energy-saving practices in compliance with Title 24, which may include the following: a. Use ofhigh-efficiency air conditioning systems controlled by a computerized management system including features such as a variable air volume system, a 100-percent outdoor air Resource economizer cycle, sequential operation of air conditioning Efficiency; 31 equipment in accordance with building demands, isolation of planning, air conditioning to any selected floor or floors. Building (for b. Use of electric motors designed to conserve energy. verification of (MM XVI-6) c. Use of special lighting fixtures such as motion sensing light- inclusion on switch devices and compact fluorescent fixtures in place of building plans) incandescent lights. d. Use of T8 lamps and electronic ballasts. Metal hallide or high- pressure sodium for outdoor lighting and pazking lots. li - PC2008-*** 3~ .The Southern California Gas Company has developed several progran?s which Southern are intended to assist in the selection of the most energy-efficient water heaters California Gas and furnaces. The property owner/developer shall implement a program, as Company; required, to reduce the demand on natural gas supplies. ~ Planning, (]VIli~I ~VI-g) Building All air conditioning facilities and other roof and ground mounted equipment shall be shielded from public view as required by the ARSP and the sound 33 buffered to comply with the City of Anaheim noise ordinances from any Planning adjacent residential or transient-occupied properties. Such information shall be specifically shown on the plans submitted for building permits. All plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened from view of adjacent public rights-of--way 34 and from adjacent properties by architectural devices and/or appropriate Planning building materials; and further, such information shall be specifically shown on the plans submitted for building permits. ZdMdlirG:I?dZI OId:T®rIiSS~l~1!'EE;mF'CTItA-d~~~'EP>'7127,T.S" The property owner/developer shall submit Demolition and ImportJExport Plans. The plans shall include identification of offsite locations for materials exported from the project and options for disposal of excess materials. These 35 options may include recycling of materials onsite, sale to a soil broker or contractor, sale to a project in the vicinity or transport to an environmentally Field cleared landfill, with attempts made to move it within Orange County. The Engineering (1VIM III-4) property ownerldeveloper shall offer recyclable building materials, such as asphalt or concrete for sale or removal by private firms or public agencies For use in construction of other projects, if not all can be reused on project site. Prior to approval of each grading plan, the property owner/developer shall submit a letter to the Public Works/Engineering Department, Development Services Division, and the Planning Department, Planning Division, identifying the certified archaeologist that has been hired to ensure that the following actions aze implemented: a. The archaeologist must be present at the pregrading conference in order to establish procedures for temporarily halting or 36 redirecting work to permit the sampling, identification, and Development evaluation of artifacts if potentially significant artifacts are Services; uncovered. If artifacts are uncovered and determined to be Planning, (1VI1VI V-1) significant, the azchaeological observer shall determine appropriate actions in cooperation with the property owner/developer for exploration and/or salvage. b. Specimens that aze collected prior to or during the grading process will be donated to an appropriate educational or research institution. - 12 - PC2008-*** c. Any archaeological work at the site shall be conducted under the direction of the certified archaeologist. If any artifacts are discovered during grading operations when the azchaeological monitor is not present, grading shall be diverted aoound the area until the monitor can survey the area. d. A final report detailing the Findings and disposition of the specimens shall be submitted to the City Engineer. Upon completion of the grading, the archaeologist shall notify the City to when the final report will be submitted. The property owner/developer shall submit a letter to the Public WorksBngineering Department, Development Division, and the Planning Department, Planning Division, identifying the certified paleontologist that had been hired to ensure that the following actions are implemented: a. The paleontologist must be present at the pregrading conference in order to establish procedures to temporarily halt or redirect ', work to permit the sampling, identification, and evaluation of 'I fossils if potentially significant paleontological resources are uncovered. If artifacts are uncovered and found to be significant, the paleontological observer shall determine appropriate actions in cooperation with the property 37 owner/developer for exploration and/or salvage. Development b. Specimens that are collected prior to or during the grading Services; process will be donated to an appropriate educational or Planning (_MiVI V-2) research institution. c. Any paleontological work at the site shall be conducted under the direction of the certified paleontologist. If any fossils are discovered during grading operations when the paleontological monitor is not present, grading shall be diverted around the area until the monitor can survey the azea. d. A final report detailing the findings and disposition of the specimens shall be submitted. Upon completion of the grading, the paleontologist shall notify the City, as to when the final report will he submitted. 3g The property owner/developer shall submit to the City Engineer for review and approval, a soils and geological report for the area to be graded, based on Planning, proposed grading and prepared by an engineering geologist and geotechnical Building engineer. All grading shall be in conformance with Title 17 of the Anaheim (1VI1VI VI-2) Municipal Code. - 13 - PC?008-*** Orange County Heahh Department '9 . The property owner/developer shall submit a plan for review and approval to (authorized activities the Environmental Protection Section of the Fire Department which details relative to procedures that will be taken if a previously unknown UST, or other unknown surface (1VI1VI VII-2) hazardous material or waste, is discovered onsite. contamination); Water Engineering, Fire 40 The property owner/developer shall ensure compliance with all recommended structural and non-structural Best Management Practices identified in the Development Water Quality Management Plan (WQMP). Services (IVIIVI VIII-I) The property ownerldeveloper shall obtain coverage under the NPDES 41 Statewide Industrial Stormwater Permit for General Construction Activities Development from the State Water Resources Control Board. Evidence of attainment shall Services be submitted to the City Engineer. (li'IM VIII-2) The property owner/developer shall submit a Master Drainage and Runoff Management Plan (MDRMP) for review and approval by the Public Development Works/Engineering Department, Development Services Division, and Orange Services (plan County Environmental Management Agency. The Master Plan shall include, review); Orange 42 but not be limited to, the following items: County a. Backbone storm drain layout and pipe size, including Environmental supporting hydrology and hydraulic calculations for storms up Management (IVIIVI VIII-6} ' to and including the 100-year storm; and, Agency b. A delineation of the improvements to be implemented for (authorized control ofproject-generated drainage and runoff. activities) Construction General Permit Notice of Intent (NOI): This project will result in soil disturbance of one (1) or more acres of land that has not been addressed by 43 an underlying subdivision map. Prior to the issuance of preliminary or precise grading permits, the Landowner or subsequent Fraject Applicant shall provide Development the City Engineer with evidence that an NOI has been filed with the State Services Water Resources Control Board. Such evidence shall consist of a copy of the (SC VIII-1) NOI stamped by the State Water Resources Control Board or Regional Water Quality Control Board, or a letter from either agency. - 14 - PC2008-*** Construction Phase Storm Water Pollution Prevention Plan (SWPPP): Prior to the issuance of grading permits, the Landowner or subsequent Project Applicant shall prepare an SWPPP that will: a. Require implementation of Best Management Practices (BMPs) designed with a goal of preventing a net sediment load increase in storm water discharges relative to preconstruction levels; b. Prohibit during the construction period discharges of storm water or non-storm water at levels which would cause or contribute to an exceedance of applicable water quality standards contained in the Basin Plan; 44 c. Discuss in detail the BMPs planned for the project related to Planning control of sediment and erosion, non-sediment pollutants, and Development potential pollutants in non-storm water dischazges; Services (SC VIII-2} d. Describe post-construction BMPs for the project; e. Explain the maintenance program for the project's BMPs; £ During construction, require reporting of violations to the Regional Board; and g. List the parties responsible for SWPPP implementation and BMP maintenance during and a8er grading. The project proponent shall implement the SWPPP and will modify the SWPPP as directed by the Construction General Permit. The Project Applicant shall ensure the following conditions have been incorporated into the grading and construction plans: a. Contractors shall schedule construction activities to avoid ~I simultaneous use of several pieces of high noise level-emitting planning, Code ~I 45 equipment, to the extent practicable. Enforcement; b. Construction equipment shall be fitted with manufacturer's i Building standard (or better) noise shielding and muffling devices to (verification of (SC XI-2) reduce noise levels to the maximum extent feasible. notes on plans) c. Equipment maintenance and staging areas should be located as far away from local residences and hotel uses as feasible. 46 The property owner/developer shall submit an emergency fire access plan to the Fire Department for review and approval to ensure that service to the site is Fire in accordance with Fire Department service requirements. (1VIIVI XIII-3) 15 - PC2008-*** ~~~~~ Ongoing during project operation, the property owner/developer shall ~~ implement measures to reduce emissions to the extent practical, schedule Traffic and goods movement for off-peak traffic hours, and use clean fuel for vehicles and' Transportation (1lEM YII I) other equipment, as practicable. Ongoing during construction, the property owner/developer shall implement measures to reduce construction-related air quality impacts. These measures shall include, but are not limited to: a. Normal wetting procedures (at least twice daily) or other dust palliative measures shall be followed during earth-moving operations to minimize fugitive dust emissions, in compliance with the City of Anaheim Municipal Code including application of chemical soil stabilizers to exposed soils after grading is completed and replacing ground cover in disturbed areas as quickly as practicable. b. Enclosing, covering, watering twice daily, or applying approved soil binders, according to manufacturer's specification, to exposed stock piles. c. Roadways adjacent to the project shall be swept and cleared of any spilled export materials at least twice a day to assist in South Coast Air minimizing fugitive dust; and, haul routes shall be cleared as Quality needed if spills of materials exported from the project site Management occur. District; 4g Planning, d. Where practicable, heavy duty construction equipment shall be Building kept onsite when not in operation to minimize exhaust (verification of emissions associated with vehicles repetitiously entering and notes on plans); (MINI III-3) exiting the project site. Development e. Trucks importing or exporting soil material and/or debris shall Services (for be covered prior to entering public streets. annual review) £ Taking preventive measures to ensure that trucks do not carry dirt on tires onto public streets, including treating onsite roads and staging areas. g. Preventing trucks from idling for longer than 2 minutes. h. Manually irrigate or activate irrigation systems necessary to water and maintain the vegetation as soon as planting is completed. i. Reduce traffic speeds on all unpaved road surfaces to i5 miles per hour or less. j. Suspend all grading operations when wind speeds (as instantaneous gust) exceed 25 miles per hour and during first and second stage smog alerts. - 16 - PC2008-*** lc Comply with the SCAQMD Rule 402, which states that no dust impacts shall occur offsite wtuch are sufficient to be called a nuisance, and SCAQMD Rule 403, which restricts visible emissions from construction. 1. Use low emission mobile construction equipment (e.g., tractors, scrapers, dozers) where practicable. m. Utilize existing power sources (e. g. power poles) or clean-fuel generators rather than temporary power generators, where practicable. n. Maintain construction equipment engines by keeping them properly tuned. o. Use low sulfur fuel for equipment, to the extent practicable. 49 During building demolition, no more than half of the total restaurant square Planning (MM III-8) footage, or 5,500 square feet per day, shall be demolished per day. Prior to building demolition or construction activities, the City shall ensure that a survey for active raptor nests occurs 30 days prior to commencement of any demolition or construction activities during the raptor nesting season 50 (February 1 to Tune 30) and within 500 feet of a fan palm, juniper, or canary island pine. Should an active nest be identified, restrictions will be placed on planning (MM IV-I) construction activities in the vicinity of any active nest observed until the nest is no longer active as determined by a qualified Biologist. These restrictions may include a 300- to 500-foot buffer zone designated around a nest to allow j construction to proceed while minimizing disturbance to the .active nest. Once the nest is no longer active, construction can proceed within the buffer zone. Prior to issuance of each foundation permit, the property owner/developer 51 shall submit a report prepared by a geotechnical engineer for review and approval which shall investigate the subject foundation excavation to Planning (MM VI-4) determine if soft layers are present immediately beneath the footing site and to ensure that compressibility does not underlie the footing. Orange County Health Ongoing during demolition and construction, in the event that hazardous Department waste, including asbestos, is discovered during site preparation or construction, (hazazdous 52 the property owner/developer shall ensure that the identified hazardous waste water and and/or hazardous material are handled and disposed of in the manner specified material (MM VII-I) by the State of California Hazardous Substances Control Law (Health and disposal); Fire, Safety Code, Division 20, Chapter 6.5) and according to the requirements of (hazazdous the Califomia Administrative Code, Title 3Q Chapter 22. makerials/waste from USTs and annual review); Air Quality - 17 - PC2008-*** Management Distrct (asbestos disposal permit) During project operations, the property owaler/developer shall provide for the following: cleaning of all paved areas not maintained by the City of Anaheim ~3 on a monthly basis, including, but not limited to, private streets and parking Streets and (MM VIII-3} lots. The use of water to clean streets, paved areas, parking lots, and other Sanitation areas and flushing the debris and sediment down the storm drains shall be prohibited. During project construction, the property owner/developer shall install piping 54 onsite with project water mains so that reclaimed water maybe used for Water (MM VIII-5) landscape irrigation, if and when is becomes available from the County Engineering Sanitation District of Orange County. 55 Prior to commencement of structural framing on each parcel or lot, onsite fire hydrants shall be installed and chazged by the property owner/developer as Fire (MM XIII-2) required and approved by the Fire Department. 56 Prior to approval of water improvement plans, the water supply system shall be designed by the property owner/developer to provide sufficient fire flow Fire (MM XIII-7) Pressure and storage for the proposed land use and fire protection in accordance with Fire Department requirements. 57 Ongoing during prof ect operation, the property owner/developer shall provide private security on the premises to maintain adequate security for the entire (MM XIII- Project subject to review and approval of the Police Department. The use of Police 10) security patrols and electronic security devices (i.e., video monitors) should be considered to reduce the potential for criminal activity in the area. 58 Prior to approval of the tentative parcel map and throughout the construction Planning process, the Property Owner/Developer shall ensure avoidance of any notable (SC XVI-I) . service disruptions during the extension, relocation, upgrading of, or connection to services. Prior to City authorization of any increase in density for Parcel 2, and subject to the recorded covenant on the property, the Property Owner/Developer shall 59 ensure that the following improvement is implemented to the satisfaction of Development the City of Anaheim Public Works Department: Services, (MM XVI-1) Planning Approximately 300 linear feet of 8-inch sewer line in Hampstead Street shall be replaced with a 10-inch sewer line. - 18 - PC2008-*** Ongoing during project operation, the following practices shall be implemented, as feasible, by the property owner/developer: a. Usage of recycled paper products for stationary, letterhead, and packaging. 60 b. Recovery of materials such as aluminum and cardboard. Plannin g a Collection of office paper for recycling. , Building (1~I1l~I ?:VI-4} d. Collection of polystyrene (foam) cups for recycling. e. Collection of glass, plastics, kitchen grease, laser printer toner cartridges, oil, batteries, and scrap metal for recycling or recovery. 61 That root and sidewalk barriers shall be provided for trees (with the exception plannin g of palm trees) within seven feet ofpublic sidewalks. 6~ That any tree planted within the Setback Realm shall be replaced in a timely plannin g manner in the event that it is removed, damaged, diseased and/or dead. That the subject property shall be developed substantially in accordance with 63 the plans and specifications submitted to the City of Anaheim by the applicant planning and which plans are on file with the Planning Department Exhibit Nos. I through 21 and as conditioned herein. That this Final .Site Plan is granted subject to approval of and finalization of 64 Specific Plan Amendment No. 2007-00051, Variance No. 2007-04742 and Planning Tentative Parcel Map No. 2006-195 That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code 65 and any other applicable City, State and Federal regulations. Approval does Planning not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. That extensions for further time to complete conditions of approval maybe 66 granted in accordance with Section 18.60.170 of the Anaheim Municipal Planning Code. That timing for compliance with conditions of approval maybe amended by the Planning Director upon a showing of good cause provided (i) equivalent 67 timing is established that satisfies the original intent and purpose of the plannin g 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 - PC2008-*** AU ust 18, 2008 Subject Property Conditional Use Permit No. 2008-05325 704 South Lemon Street ios~e ~' ~~J Aerial Pholo: ..... July 2006 item N ~N ~ c ,i- t ~ i -~ Z v- A . v , ~\ , t~~ C ° c\-1'J S`\Pt~ SN u: N RS-2 1 DU EF C ?~ ~ P=-3 D "' n z yq i - Y ~ / ' 0 1DU ZDU , ZDU ZpU ~'s OFFIGE G 3DU p N t 1 1 4 DU f~ TF i 2 3o DU y DU N S~RE~~ S~U~/~ GPF DEP`ERSHyP ypU August 18, 2008 Subject Property Conditional Use Permit IVo. 2008-05325 704 South Lemon Street m~ 0 Nt ~y t ~ ~` }ice S '/ ' ~l ~'',~ `. ,, ~~ ~~„ A ~~ ~ ~~ ``J ~ A i L ~ P 1 O c ~,\~ ~a ~1 10578 i ~~~ JAI, ~` HATS c R DU P~iE. _ S-~L}EC~}'~ vp,GPN\ RM.3 4D zpU A GHURGH w PPTS 8pU ~' S DU tr~. 1DU MPNpR 1.DU MPGPRTHUR 1 3DU EPG~ ~~ CO1VI August Pag@ 2 ANA ®%9( units ~~~AC~~iI/ra~ ~®. ~ Paa~.~~C~r sT1Ml~Alz~ ~~lv~a~~®1vAL ><lsl/ ~~l~idt>c~ lv®. zoos-os3zs Proposed Senior Second Unit Developrnent Standard Proposed Project Senior Second unit Standards in the I2S-2 Zone Lot Area 7,500 s.f. 5;000 s.f. Minimum Floor Area 1,090 s.f. 550 s.f. Maximum Lot Coverage 39.9% 40% Minimum Setbacks 111 feet Front yard 3 feet* 25 feet Side yard , 17 feet, including /z width of 5 feet Rear yard alley ~5 feet, except that the depth may be reduced to 10 feet, provided that dwellings or accessory structures shalt not occupy more than 35% of the required rear setback. Parking S aces 2 2 (in a garage) * (Legal nonconforming setback permitted by Code) ** (Where a rear yazd abuts an alley, one-half (1/2) of the width of the .alley may be considered as applying to the depth of the rear setback, if the required setback i no less than twenty-five {25) feet) 1Vew Single Family Residence i9evelo meat Standard Pro osed Project ]<dS-2 Zone Standards Lot Area 7,500 s.f. 7,200 s.f. Maximum Height 22 feet, 6 inches 3S feet Minimum Floor Area 2,471 s.f. 1,225 s.f. Maximum Lot Coverage 39:9% 40% Minimum Setbacks Front yard 25 feet 25 feet Side yard S feet S feet Rear yard 87 feet 25 feet Parking Spaces 4 (2 in garage, 2 on 4 (2 in a garage) driveway) ~~>~~>FT~ ATTA~~M>E~tT Itil®. 2 RESOLUTION NO. PC2008-*** A RESOLUTION OF TAE ANAHEIM PLANNING COMMISSION APPROVING A CATEGORICAL EXEMPTION, SECTION 15303, CLASS 3 (NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES) AND APPROVING CONDITIONAL USE PERMIT NO. 2008-0532 (704 SOUTH LEMON STREET) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit No. 2008-05325 to convert an existing residence into a senior second dwelling unit and to construct a new single-family residence in the Single-Family (RS-2) zone on certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A", attached hereto and incorporated herein by this reference. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 18, 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; 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 senior second unit is properly one for which a conditional use permit is permitted under authority of Code Section No. 18.04.030.040.0402 (Senicr Second Units), 2. The proposal, as conditioned herein, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the senior second unit should function seamlessly within the residential neighborhood. 3. The size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. 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. b. 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 proposed project falls within the definition of Categorical Exemptions, Section 15303, Class 3 (New Construction or Conversion of Small Structures) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby approve Conditional Use Permit No. 2008-05325 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference 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. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 18, 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. CHAIIZMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -2- PC2008-*** STATE OF CALIFORNIA } COUNTY OF ORANGE ) ss. CITY OF ANAHEIIVI ) 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 August I $, 200$, 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 August, 200$. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2008-*** ~~ddddidT' "A" C~Nd)dT'd®Ii'_~d, dJSE PEdZi~IT N~. 200-05329 -4- PC2008-*** Iv~III)BI'I' ~:B~s C®NI9ITI®NAI. U5E PEIL'VII'I' N®. 2008-05325 Responsible No. Conditions o€ Approval €or IVlonitorin ~~®~ Ta rssuA~v~~ ~~,~ ~a~~v~ ~~g~~®~ ~r~x'rr~vaT, o~ r~2•~nva PERI®79 d~F ~1+1E'(1} F'EAlI ~'IZ~Ii~ Z' DtITE ®~' T~IIS.ItE'3'®lI7?'d~10; tYIII~'HEi'ER ~CCFIR~S F`dd~?' 1 Building plans shall show conformance with the current version Public of Engineering Standazd Detail 114 pertaining to driveway Works, design and Engineering Standazd Detail 115 pertaining to sight Engineering distance visibility for signs, landscaping, and fence/wall Division locations subject to the approval of the City Engineer. The driveway must line up with the new garage. 2 A gading plan shall be submitted to the Department of Public Public Works, Development Services Division for review and approval. Works, Engineering Division 3 The site is within a sewer deficient azea. The second unit shall Public not be occupied until the sewer improvements aze completed by Works, the City. Upgrades within the affected azea aze estimated to be Engineering complete in December 2008. Division 4 The property owner shall irrevocably offer to dedicate to the City Public of Anaheim an easement 10 feet in width from the centerline of Works, the alley. Engineering Division -5- PC2008-*** 5 The property owner shall provide written proof to the Planning Planning,........ Department that a covenant (including agreement and consent City from any lender whose interest is secured by the property) Attorney's setting forth the following requirements, in a form satisfactory Office to the Planning Department and City Attorney's Office, has been recorded in the office of the Orange County Recorder: 1. A reference to the deed under which the property was acquired by the owner; 2. The Second Unit shall not be sold or owmed separately, and the parcel upon which the unit is located shall not be subdivided in any manner that would authorize such sale or ownership; 3. The Second Unit shall be a legal unit, and maybe used as habitable space, only so long as either the main dwelling unit, or the Second Unit, is occupied by the owner of record of the property; and 4. The restrictions shall be binding upon any successor in ownership of the property. 5. The occupant(s) of the second unit shall be a minimum of 62 years of age or older. GENERAL'' ~®IVI3ITIO16'S 6 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 4, and as conditioned herein. 7 ' 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. 8 Extensions for fiuther time to complete conditions of approval Planning maybe granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. -6- PC2008-*** 9 Approval of this application constitutes approval of the Planning proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. -7- PC2008-*** Au ust 18, 2008 Subject Property Reclassification No. 2008-00218 2748 West Lincoln Avenue I ~ RES ENT 4V ~®sA W LRE3CENTAE J s e~/ :u v® Y LIN OLN AI I` ~ _ _ M1 LI! ILN AVE _ _ i --_ _-- v RaAOanv . , ~~~ I ~t:.GR t NE -~~ - s ~ _ 10581 ' A*ni Aerial Photo: ..,., C' ® Jury 2006_ _ xec; August Pagel ®~ grope Lincc ~~R~s~~~ A~~AC1Ea~~~T i~®. ~ RESOr.UTloNNO. Pc2oo8-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CEQA NEGATNE DECLARATION AND APPROVING RECLASSIFICATION NO. 2008-00218 (2748 WEST LINCOLN AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Reclassification 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; and WHEREAS, this property was previously developed with the Lincoln Inn motel and is in the General Commercial (C-G) zone with a General Pian land use designation of Medium Density Residential; and WHEREAS, the applicant and property owner has requested approval of a Reclassification to reclassify the property from the General Commercial (C-G) zone to the Multiple-Family Residential (RM-4) zone, consistent with the General Plan land use designation of Medium Density Residential; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 18, 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 reclassification of subject property from the General Commercial (C-G) zone to the Multiple-Family Residential (RM-4) zone would be consistent with the property's existing Medium Density Residential land use designation on the General Plan. 2. That the proposed reclassification of subject property is necessary and/or desirable for the orderly and proper development of the community and is consistent with the properties east of the property on Lincoln Avenue. 3. 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. 4. That *** indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to subject petition. - 1 - PC2008-*** NOW, THEREFORE, SE IT RESOLVED that 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 IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby unconditionally approve the subject 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) zone and to incorporate said described property into the Multiple-Family Residential (RM-4) 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 maybe approved or denied by the City Council at its sole discretion. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 18, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and maybe replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on August 18, 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 August, 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 2 - PC2008-*** A.~LSYYBA 3 ~0:i9, c~.~ssl~~~A~r~~~a ~~. zoas-uo~~s I ~ I I ~ i I 1'7 a' r o a m ~ ~ ~~F~ i ~. ~` iL4 ~dE ~ 4 /_ / T~LA a J VE r v \~ ~ ~ O c ~ W - Pc~oos-,:~:x -ff ~r A N_AHEIAI I\EDEVELOI'~tENT Jn]y22.2008 AGENCY City of Anaheim Planning Deparnnent 200 S. Anaheim Boulevard Anaheim, CA 92805 Re: Justification Letter Cherry Orchard 2748 W. Lincoln Avenue Anaheim, California APN: 126-022-09 Ladies and Gentlemen: ~'~"~'ACHMEN'I' ~®. 2 This is to request a Zone Reclassification from General Commercial (C-G) [o Multiple- Family Residential (RM-4) zone for the property located at 2748 W. Lincoln Avenue. Please see the attached bomtdary map for reference. The purpose of the requested Zone Reclassification is [o allow for the development of the multifamily residemial housing at a density of up to 36 units to the acre. The Anaheim Redevelopment Agency is currently in negotiations with a developer to build a 100 percent affordable multifamily residential housing project on the site. The Planning Commission approved a Genera] Plan Amendment (GPA) 7uly 2006 to redesignate the site from Low-Medium Density Residential to Medium Density Residential. The City Council .subsequently approved the GPA August 2006. The GPA established the land use designation for future development of the site consistent with surrounding and proposed developments in the area. The buildings on [he site (former]y the Lincoln Inn} were recently demolished to make way for development of [he site. The site is surrounded by Mobile Home Park to the west, a vacant lot and drainage channel to the south, a multifamily development to the east and Commercial uses [o the north across Lincoln Avenue. The requested Reclassification will facilitate the development of a blighted property with new residential development consistent with surrounding uses. The proposed RM-4 zoning classification will complement and support the area and will help meet the goals for the development of affordable ifamily residential housing under the Affordable Housing Strategic Plan adopted the ity CytmFil August 2(105 Project Attachment: 2111 tiur-.n.\'.alllV au~.ll,,l;n Boundary Map s~lrl rnna /\\~I II IAI C-ll II~`Fti\ ~IZdII'-1 .,,.. ~1a;a;.a~Iz na yes-asap I~ ~ocslsowrvalsrreasvn.nea rm.,irl,~lr~,,, ~I, a<R.. caalaN ooc Au ust 18, 2008 Subject Property s Conditional Use Permit No. 2008-05336 3174 West Ball Road '10579 ~~ Aerial Photo: ,, ~f July 2006 i= E o' P.M-3 CONDOS. 16 DU H N f- 2 F d O U D C RS-2 RS-2 RS-2 1 DU ACH 1 DU EACH 1 DU EACH I August 18, 2008 Subject Property Conditional Use Permit No. 2008-05336 3174 West Ball Road o ~ I 'i i ~ ' J t ~' C . I ~ - • '<I m ~ ~ ~,m I i v °I I e I j i , -B F 9FLLR~,-< W. 9FLL R0 I ® E [ i \ m ®i m ~ 9 9 ) ®~ ml m I ~ I O e g~ - I <~ I YI LERRIT09 f.VE CERRILOS AUE m 10579 pc-2 i ~ I ~ I ~ -. P,M-3 RS-Z WESTERN GA.ROEM T % 11 i DU EACH APARTIdENTS VACANT 1 I n Du c~ RM-4 RM-e T ~ BELL COURT L A CASA DANA m v' ?w - Rb+-4 APARTMENTS APP.P.TMENTS ~ i w Z ~5 O APTS ~ DU 5 43 DU - ph- CL~ o:am i6 DU _ m ~ ou~ sa~~ ~ U r ~ U Q~ C C-G CHURDH m _ m RCL fi3-fi4-140 ~ ~ ~ Q ~ U G w RCL 61-62-50 OG r-~F C-G CUP 2008-0633c" n:w VACANT VAR 367s PCN 97-02 uz,~ ~,:,, ,,,, c,~,,,,:~,,.;,d c,,.nm,„ L. (CUP 200'c-04646) BALL ROA D "°``"""„°°"""~ )cualeoe~ (CUP 562j 111 (VAR 3644) (VAR 2736j O.O (VAR 964) ~ ~ CONVIENCE d c_ RM-4 STOP.E RM-2 SMALL BRIAR COUP.T RM 4 I RM-4 _ U = 3 SHOPS ~ 7 p Pp~ PALM COURT iv C w RM-4 MES I ~ i DU APARTMENTS MgROUETTE 'N DO ~ = Q C-O 45 DU APTS O _ 18 DU RM-4 RS-2 CHAPARRAL c~ APARTM EIVTS ~ 1 DU EACH w 1B DU o' I ~ RAVENSWOOD DR W Q RM-2 RM-2 p Z CONDOMINIUMS APTS p W 18 DU RM-2 B DU LANROSE O APTS p APTS 16 DU ~ W 1pU 1DU 6DU w ~ m LANEROSE D R ttie tract. City avert determina Departrne that have ~~ IF~1 aTT~~~~i~~T ?~®. >I RESOLUTION NO. PC2008-'k*a` A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CEQA CATEGORICAL EkEMPTION, CLASS 1 AND AND APPROVING CONDITIONAL USE PERMIT NO. 2008-05336 {3174 WEST BALL ROAD) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit No. 2008-05336 to exchange and upgrade the ABC license for an existing legal non-conforming convenience mazket from a Type 20 license to a Type 21 license 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; and WHEREAS, the Planning Conunission did hold a public hearing at the Civic Center in the City of Anaheim on August 18, 2008 at 2:30 p.m., notice of said public hearing having been duly given as required bylaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and .against said proposed reclassification and to investigate and make findings and reconunendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the request to permit the sales of beer, wine and distilled spirits (Type 21 license) in conjunction with an existing convenience mazket in the General Commercial (C- G) zone is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.010 (Alcoholic Beverage Sales -Off-Sale). 2. That the proposed beer, wine and distilled spirits sales would not adversely affect the adjoining commercial and residential larid uses and the growth and development of the 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 existing convenience mazket is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because all sales and operations would remain inside the building. 4. That the traffic generated by the convenience market would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the convenience market is consistent with the types of uses along Ball Road and Western Avenue. 5. That this property is located within Reporting District 1915, which has a crime rate of 34% below the City average. This property is also located within Census Tract No. 878.02 which has a population of 6,725. This census tract allows for four off-sale licenses and there are three off-sale licenses in the tract. Since the property is located in a Police reporting - 1 - PC2008-*** district with a crime rate below the City average and in a census tract that does not have an over- concentration of ABC licenses, a determination of public convenience or necessity is not required for this request. That there are no schools or public parks adjacent to or within 500 feet of the subject site. 7. That the sate of beer, wine and distilled spirits will be an ancillary component of the business and the owner will continue to maintain a convenience market where customers will be able to purchase everyday necessities. 8. That the Anaheim Police Department recommends approval of the proposed sales of beer, wine and distilled spirits for off-premises consumption and recommends conditions of approval that are described in Exhibit "B" attached hereto and incorporated by this reference. 9. That *** indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to subject petition. 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 IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby approve Conditional Use Permit No. 2008-05336 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference 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. 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 to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declazed invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FUTHER 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. Failure to pay all charges shall result in the revocation of the approval of this application. - 2 - PC2008-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 18, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIItMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION 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 August 18, 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 August, 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 3 - PC2008-*** &j14F%L'dDAY 6:~9) C~l~I~~'~'i~B?`a'~iL ~JS~ P~E2Nd~'F ?~T~. 2000-05336 - 4 - PC2008-*** H:hP3fldBId 6LAD )f Conditional fJse Permit l~'o. 2008-05336 1Vo. Conditions of Approval Responsible for ld'Ionitorin G~'NEPtAL That the display of alcoholic beverages shall not be outside of police/Code 1 the building or within five (5) feet of any public entrance to the Enforcement building. That there shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, 2 promoting or indicating the availability of alcoholic beverages. Police/Code Interior displays of alcoholic beverages or signs which aze Enforcement clearly visible to the exterior shall constitute a violation of this condition. 3 That the area of alcoholic beverage displays shall not exceed Police/code 25% of the total display azea in a building Enforcement 4 That the sales of alcoholic beverages shall be made to Police/Code customers only when the customer is in the building. Enforcement That no person under 21 years of age shall sell or be permitted police/Code 5 to sell alcohol without someone 21 years of age or older Enforcement present. That beer and malt beverages shall not be sold in packages Folice/Code 6 containing less than a six (6) pack, and wine coolers shall not Enforcement be sold in packages containing less than a four (4) pack. That the possession of alcoholic beverages in open containers police/Code 7 and the consumption of alcoholic beverages are prohibited on Enforcement or azound the premises. That the pazlting lot of the premises shall be equipped with lighting of a minimum one (1) foot candle power to illuminate $ and make easily discernible the appeazance and conduct of all Police/Code persons on or about the parking lot. Additionally, the position Enforcement 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 on the premises at any time. Enforcement - 5 - PC2008-*** That there shall be no public telephones on the property that are police/Code 10 located outside of the building and within the control of the Enforcement applicant. That the gross sales of alcoholic beverages shall not exceed 35% of all retail sales during any three (3} month period. The business owner shall maintain records on a quarterly basis Police/Code 11 indicating the separate amounts of sales of alcoholic beverages Enforcement and other items. These records :shall be made available for inspection by any City of Anaheim official when requested. That the business owner shall be responsible for maintaining free of litter the azea adjacent to the premises over which they have control, in an orderly fashion through the provision of police/Code 12 regular maintenance and removal of trash or debris. Any Enforcement graffiti painted or marked on 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. That wine shall not be sold in bottles or containers smaller than police/Code 13 750 ml, and wine-coolers and beer coolers must be sold in Enforcement manufacturer pre-packed multi-unit quantities. 14 That the sales of beer or malt beverages in quantities or quarks, Folice/Code 22, 32 or 40 ounces, or similar size is prohibited. Enforcement That the reaz door(s) shall be kept closed at all times during the operation of the premises except in the cases of emergency and Police/Code 15 to permit deliveries. Said door(s) shall not consist entirely of a Enforcement screen door or ventilated security door. That the subject property shall be developed substantially in accordance with plans and specifications submitted to the City 16 of Anaheim by the petitioner and which plans are on file with Planning the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. That approval of this application constitutes approval of the proposed request only to the extent that complies with the Anaheim Municipal Zoning Code and any other applicable 17 Gity, State and Federal regulations. Approval does not include Planning any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. - 6 - PC2008-*** .~T'~'rLC~I~EI~1'~' N®. 2 t~ , ~~ , o: =, ~- I ~,~~t~~,i I> ~ , =~3 ` NGEU_,. Anaheim Police Depi. 425 5. Harbor Blvd. Anahenn, CA 92505 TEL: 714:761.1401 PAX: 714.765.1665 City oz Anaheim P~1[,L~E ~~+ PA.~TlY~~1°~T'IC Special Operations Division To: Prom: )Jlaine Thienprasiddlei Planning Department ~ o~ a ? Ip I7~~~~~,`< ~~. ,~, t L00B ~J -~ Kr r.r-.r/cv ~ F~~"~t&AENT ~~~, } Lieutenant Don IQein ~ ~ vice, Narcotics, and Criminal Intelligence Bureau Commander Date: May 28; 2008 RE: PCN 2008-00043 A-1 Food Mart 3174 W. I3a11 Rd. Anaheim, CA 92804 The Police Department has received an I.D.C. Route Sheet for PCN 2008-00043. 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 1915, which has a crime rate of 34 percent below average. It is also within census tract 878.02, which has a population of 6,725. This population allows for 8 On Sale Alcoholic Beverage Control Licenses and there are presently 3 licenses in the tract. This population also allows for 4 Off Sale Alcoholic Beverage Control Licenses and there is presently 1 license in our city. The Reporting District to the north of this location is 1815 with a crime rate of 252 percent above average. The Reporting District to the south is the City of Stanton. The Reporting District to the east is 1916 with a crime rate of 36 percent above average. The Reporting District to the west is 1914 and has a crime rate of 55 percent below average. There have been 4 calls for service to this location in the last year. They consist of: 2 petty theft, 1 assaulUbattery, and 1 burglary alarm. Of the above listed calls there were two reports taken. One report for a petty theft and one report for assault/battery. The Police Department does not oppose this request. We request that the following conditions are placed on the PCN/CUP: 1) No display of alcoholic beverages shall be located outside of a building or within five (5) feet of any public entrance to the building. Memorandum Elaine Thienprasiddhi A-1 Food Mart 2) 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. 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} 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. 7) The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around these premises. 8) 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. 9) There shall be no amusement machines, video game devices, or pool tables maintained upon the premises at any time. 10) There shall be no public telephones on the property that are located outside the building and within the control of the applicant. 11) 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. 12) 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. Page 2 Memorandum Elaine Thienprasiddhi A-1 Food Mart 13) The petitioner shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control, as depicted. 14) 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. 15) The sale of beer or malt beverages in quantities of quarts, 22 az., 32 oz., 40 oz., or similar size containers is prohibited. Please contact Sgt. Allan Roman at extension 1451 if you require further information in regards to this matter. (:\home\mmirwin\CUP\2008-00043 PCN 3774 W. Ball Rd.doc (-.~ ~~~ Page 3 AT'll'ACHIl~~P~l'I<' N®. 3 ~~'~'~' ®lH' Anahei» Conditi®na1 ~Jse YP~>i slit 317 i~~st ~~il R®ad. ~4n~heim, C~ Alta-Dena Dairy is owned by Sanjay and Sujata Patel. The applicant is requesting to add upgrade their existing Beer and Wine sales to a full line of alcohol beverages to an existing full service Market. The Proposed Locations will be desirable to the public convenience or welfare and to the development of the communities in which their in. The subject properties are located and designed to encourage business and job growth within the cities. Subject operating hours are consistent to the area. Operating hours aze Sam to I 1 pm seven days a week. We employ approximately 2 -5 employee's at each of our locations. The applicant is only seeking to sale a full line of alcoholic beverages at this location. This is a common and accepted practice at most like type businesses. The proposed use will provide a variety of goods that cater to a variety of needs of consumers. With a selection of other goods such as medicines, pre-packaged food items, beauty products, dairy products, meats, breads, coffee station, banishes and a pleasant atmosphere to relax in. Residents and employees within the immediate area can benefit from an offering of this kind, since there is no other similar use to ours in the immediate area. With all the development surrounding this location, a market is definitely needed to service this azea thus avoiding sending our customers to nearby cities for their needs. This use will not be materially detrimental to the character of the development in the immediate neighborhood, since this type of use already exists. Commercially zoned and developed properties adjoin these subject sites. These properties are similarly classified as Commercial zone and are developed as commercial uses ranging from restaurants to retail storefronts, office buildings, and use to that of the proposed project. Nearby residential developed properties are buffered from site and sound and will not be affected by allowing alcohol beverages at this site. In addition, the applicant is willing to condition their license and to work with the city to mitigate any concerns. These conditions wilt set us apart from our competitors. The City of Anaheim, its police department and citizens are our neighbor and friends. We take our role as good business citizens and arbiters of public trust. We are committed to being a model community business with it comes to the sale of alcoholic beverages. We would love to see our business grow respectively within the community. We pride ourselves on being a very responsible company, and we place great emphasis on training our employees in the proper procedures for selling alcohol. We will be transferring our existing license from our store in Yorba Linda, CA. We are committed to putting our employees through an extensive alcohol aware program wiih the department of Alcoholic Beverage Control. We are in the process of obtaining letters of support from our neighbors and the community we serve. In summary, we Feet the residents of the neighborhoods we serve are better off having alcohol sales controlled by a responsible establishment like Alta Dena Dairy. Should you have any additional questions or need anything further, please let me know. Sincerely, Sanjata and Sanjay Patel Alta-Dena Dairy Au ust 18, 2008 Subject Property Conditional Use Permit No. 2008-05326 (Tracking No. CUP 2008-05345) 502-524 East Julianna Street ~osss ~~+ Aerial Photo: __ July 2006 I 4 n IJ ! I NOR CAL BEVERAGE CO T -i ~~ i ! 9E OflBHGETHOFPE AVE 1 I ~®~-~ E LOIALIEFCIAL ST ! ~ \ 1 W IA PAL AAVEI. E-L:. PALMAAVE m L a T N c o, ` N AVE a~ c, o Jt,LGL STEPHAN CHEMICAL q F- A ~ W J _ APPLIED POWEP. CONCEPTS u Commercial/Industrial (NGrth Centrap Redevelopmen(Area I HOBBS TRUCKING i`~ 389' ®I I ~ T-CUP 2008-05345 CUP 2008-05'x26 SMALL INDUSTRIAL FIRM H i ~ I SMALL INDUSTRIAL Z m FIRMS Q LA PALMA AVENUE I m ~ i ~ t F" Y~ N{ ~ I W CITY -~? Z SUBSTATION ~ to J Q d 00 G~ O RM.4 ° µM-a FyEA.a ~ ° ~ DD U t DU , D ~ RM-a µ1A-` R a F DQ RM. N 2D D U 3Dt M- D JPDp t D DU RS'3 ~ 3 ~ R p 2 2 DV RS p RG-3 R5.3 µ5 5 2 U p p PPTS U v S~3 ' ~~ ~ z°~ y ~' R DU q OD 1 D ~ Z R µ~ ~~ i August 18, 2008 Subject Property Conditional Use Permit No. 2008-05326 (Tracking No. CUP 2008-05345) 502-524 East Julanna Street DU / 4 DU T RAYMOND RETARDING 6ASIN 10569 JULIANNA AVE [~>1t~11±T, AZt'TAC1~~~~tT ivy. >i RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CEQA NEGATNE DECLARATION AND APPROVING AN AMENDMENT TO CONDITIONAL. USE PERMIT NO. 2008-05326 AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2008-66, AS AMENDED, ADOPTED THEREWITH (TRACKING NO. CUP2008-05345) (502 - 524 EAST JULIANNA STREET) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for an amendment to Conditional Use Permit No. 2008-05326 to permit an automotive repair and modification use on the property in conjunction with 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: and. WHEREAS, on June 23, 2008, Resolution No. 2008-66 was adopted by the Planning Commission approving Conditional Use Permit No. 2008-05326 far a towing service .and impound facility with the washing of towing vehicles with waiver of minimum number of required parking spaces where 68 spaces were required and 37 spaces were approved; and WHEREAS, the applicant has requested an amendment to this conditional use permit to permit automotive repairs and modifications in conjunction with the towing and impound business or as a separate business pursuant to 18.60 of the Anaheim Municipal Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 4, 2008, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to heaz and consider evidence for and against said proposed amendment to a conditional use permit and to investigate and make findings and recommendations in connection therewith; and said public hearing was continued to August 18, 2008; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and" in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed request to permit automotive repairs and modifications 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 (Automotive -Repair & Modification). 2. That the automotive repair and modification use, as conditioned, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located because the site is surrounding by industrial uses. -1- PC2008-*** 3. That the size and shape of the site for the use is adequate to allow automotive repair and modifications in a manner not detrimental to either the particular area or health and safety as the property is fully developed and there is sufficient pazking to provide for the uses on the property through the combination of parking on the property and inside Building Two. 4. That the traffic generated by the use of the property will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That the granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. 6. That *** indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to the subject petition. WHEREAS 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. 2008-05326 (Tracking No. CUP2008-05345) is adequate to serve as the required environmental documentation in connection with this request. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby approve an amendment to Conditional Use Permit No. 2008-5326 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference 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.. BE IT FURTHER RESOLVED this permit is approved without limitations on the hours of operation or the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval) .and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. -2- PC2008-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 18, 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. CHAAtMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on August 18, 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 August, 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2008-*** ~ I~&'d' ~<,r,9, C®NYDI'I'I®N.~%, LJSE PEPsN~F'd' N®. 2008-05326 JULiANNA AVE 389' U, z m r ~~ ~~ ~~ ~~ Source. Recorded TreC Meps endJor qty GIS. Pleose note the ecn~recyis+/_ tvw to five feet. -4- PC2008-*** LA PALMA AVENUE iC iTgHTADA'B~ 6484)9 C®I~tI7IT'I®NAI. iISE PERMIT' Pd®. 2008-05326 No. Conditions of Approval Responsible for 1S'Ionitorin Pltd®R T® C®ti~I1d~~NCE'141ENT ®T' ®PE'R.4TI®N G~' TdT~ ~U•SINiFS.S 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. ®NG®ING 12 UdtZNG OPE~TI®N 3 That parking inside Building Two in conjunction with Planning the automotive repair and modification use shall comply with Ciry standazds including minimum stall dimensions, back-up and drive aisle widths. 4 That vehicle washing shall be limited only to towing Planning vehicles and not towed vehicles. 5 Storage of impounded vehicles shall be permitted in Planning Building One and in the enclosed outdoor storage area as designated on Revision No. 1 to Exhibit No.l . If the storage of impounded vehicles is expanded into Buildings Two and Three, a revised site and floor plan i shall be submitted to the Development Services Division of the Planning Department for review and approval to ensure adequate circulation on the site. Additional parking is not required for this vehicle storage expansion provided that there is no expansion of office space. The storage of impounded vehicles or any other vehicles being stored on the property shall not occur within any required parking space, whether said required parking space is inside or outside a building. 6 That outdoor storage shall be limited to the area Planning designated on Revision No. 1 to Exhibit No. I. -5- PC2008-*** 7 That ongoing during project operation, under no Public Works circumstances shall vehicles be unloaded or loaded on any public right-of--way nor shall any vehicles be parked or staged on said streets. 8 That automotive repairs, modifications, body work, Planning painting or other automotive-related activities shall be limited to only the .service bays and shall not be conducted on any vehicles parked in required parking spaces inside the building or in designated parking areas on the property. 9 That vehicle parts or materials shall be stored inside of Planning buildings. 10 That gates shall not be installed across any driveway in a Planning manner which may adversely affect vehicular traffic in the adjacent public streets. GE[i~ERAL C®IVDdTd®11r5 11 That the property shall be permanently maintained in an Planning 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. 12 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 are on file with the Planning Department marked Revision No. 1 to Exhibit No. 1, and as conditioned herein. 13 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 toward establishment of the use or approved development. -6- PC2008-*** 14 That approval of this application constitutes approval of Plarming 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. 15 That extensions for further time to complete conditions Planning i of approval maybe granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. -7- PC2008-*** AT'CE1~~1~IEl~T ~®. 2 RESOLUTION NO. PC2008-66 A RESOLU'T'ION OF THE ANAHEIM PLANNING COMMISSION APPROVING ANEGATIVE DECLARATION AND APPROVLNG CONDITIONAL USE PERAQIT NO.2008-05326 WITH WAIVER OF M[NIMUPvI I`TLTMSER 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 Iulianna Street with waiver of the following: SECTION 18.42.040.010 Minimutn reauired natkina 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 Z3, 2008, at 2:3D 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 towing and impound facility with the washing of tow vehicles in the Industrial m 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 of the 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 far 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- PC2008-66 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 parking 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 pazkhtg 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 shared between the three uses on the premises. 5. That the results of the paz•Iting observations indicate that DuBois Towing will not require an off-site parking supply. Employee vehicle and tow buck panting will be accommodated within the enclosed area, and the custoter parking supply of four spaces will be in excess of the parking demand observed at the existing business location. 6. That the traffic generated by the towing and impound facility would not impose au undue burden upon the streets and highways designed and improved to carry the traffic in the area because the towing and impound facility is consistent with the types of industrial uses in the zone, including a trucking business across Juiianna Street. 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 Anaheim Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration is adequate to serve as the required environmental documentation in connection with this request. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby 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 properly in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim: No. Conditions of Approval Responsible for Ivlonitorin PRIOR TO COMII~ENCEMENT OF OPERATFO.N OF THE BUSPiSrESS 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 i 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 are fully captured and properly disposed. Said proposal shall be submitted to the Public Works Department for review and approval. -2- PC3008-66 O.n'GGI,n'G B'~7RIn'G Ut?E'IGiTdOi4' 3 That vehicle washing shall be limited only to towing Planning vehicles and not towed vehicles. 4 That vehicular body work, painting orother automotive Planning modification activities shall not be permitted on the premises. i That impound parking of vehicles overnight shall be Plamring permitted only inside Building 3 or the enclosed. outdoor storage azea as designated on Exhibit No. 1. Shared ~ parking for the three (3) buildings shall not be used. 6 That if the towing and impound facility is expanded into Plarming Buildings 1 and/or 2, the site and floor plan shall be ~, submitted to the Plamung Commission for review and approval as a Reports and Recommendations item. Additional parking is not required as long as there is no expansion of office azea. 7 That outdoor storage shall be limited to the area Planning designated on );xhibit No. L S That the installation or use of any exterior intercom Planning equipment shall be prohibited. 9 That ongoing during project operation, under no Public Works circumstazices shall tow vehicles be unloaded or loaded on any public tight-of--way nor shall any vehicles be pazked or staged on said streets. 10 That gates shall not be installed across any driveway in a Planning manner wluch may adversely affect vehicular traffic in the adjacent public streets. GENF_RAL CONDITIONS 1 That the property shall be permanently maintained in an Planning orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours fiom the time of discovery. 12 That timing for compliance with conditions of approval Planning may be amended by the Planning Director upon a showing of good cause provided (i) equiva]ent 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 developrneut. -3- PC2008-66 i 13 . That approval of this application constitutes approval of Planning the proposed request only to the extent that it complies I with the Anaheim Municina] 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. ~ 14 That extensions for further time to complete conditions Planning ofapproval maybe granted in accordance with Section j 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 die duration of the use. Amendments, modifications and revocations of this permit may be processed hr accordance with Chapters ] 8.60.190 (Amendment of Permit Approval] and 18.60?00 (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 dris Resolution is expressly predicated upon applicant's compliance with each and alt 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 an}~ approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to [he processing of this discretionary case application within 15 days of the issuance of the fmal 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 Tune 23, ?008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions - Genem]" of the Anaheim Municipal Code pertaining to appeal procedures and maybe replaced by a City Council Resolution in the event of an appeal. CHA9RMl~3y1, ANAHEIM PIdAXvTNING COMMISSION ATTEST: ~1 SENIOR S~CRETARI', ANAHEIM PLANNING COMMISSION -4- PC3008-66 STATE OP CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Seirioi Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the .9naheim Platming Commission held on Tune 23, 2008, by the following vote ofthe members thereof: AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, KARAI{I, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIO'_VERS: NONE IN WITNESS WHEREOF, I h~e_hereunto set my hand this 3~`~ day of July, ?008. SEMOR SECI~TARY, ANAHEIM PLANNING COMMISSION -5- PC2008-66 i ~ ~ ~ i 6ALSAP~i AVE 1 I -~ ~ ~ I 1~ ~ j m w e JULIANNA AVE H Q z m Q n ll J L L LA PALMA AVENUE ," Subject Property Conditional Use Permit Rlo. 2008-05326 502 - 524 East Julianna Street iosas Source: Recorded Tracl Maps and/or City GIS. Please note the accuracy is +/- fwo to five feet. NOr.. P~BEYEhPCE C^v `~ 54LSjj P.p:i F.~iE ~`~ ~ I Rh e '~~~ r~4DL 'OU~4D~~ 4DiJ Commercial/Industrial !North Gantral AreeJ r w J Q F- Q Z CO Q I VAR i50 I HOBBS TRUCKING - ses~ ®{ I cuP zoos-osszs SMALL INDUSTRIAL FIRM I SMALL INDUSTRIAL FIRMS Commercial/Industrial (North Central Area) Redevelopment Project Area DU ~ DU RM ft300 R1,~.4 3 R5. 1 DU RS-3 5.3 F 3 Z DU ~ ~ RS- ~ ~ 5 3 F OU U ~ DU m ~ PS-3 i m. y lyc.3 2D ,DU C Z ~ p0U EpGH !1 2°" Z F~~: June 23, 2008 Subject Property Conditional Use Permit No. 2008-05326 i e a 502 - 524 East Julianna Street m 21 T n ~ ~ I ~~ W CITY Z SUBSTATION m Q a i ~F GO t I OPEN SPACE LR PALMA AVENUE ~ RM.a U \PDPNT N 3 0~ y D~ T~ ~~ O ZDU _ T RAYMOND RETP,F,DING BASIN Rry1.4 PHRKSID F l F PPZc 14 DU 10549 r u i C - APPLIED POW O rK CONCEPTS G W JULIANNA AVE A'Y'TACffJI~ENT N®, 3 IT~IA4 ICI®. 2 PI.,A>°a'IdII1V~ C(9?VI1~II~SIOIrd ~~~PvTI3A R~+P®Iv'.T' City of P~naheim ~'L,ANNING I3EI'ARTMEIVT DATE: JUNE 23, 2008 FROM: PLANNING SERVICES 1VIANAOER SUEJECT: CONDITIONAL IJSE PERIVIIT N0.2008-05326 WITFI A 6VAIVER OF CODE REQUIREMENTS LOCATION: 502 - 524 East 7ulianna Street APPLICANT/PROPERT4' OWNER: The applicant is the Anaheim Redevelopment Agency and the property owner is Caruthers Properties. REOLJEST: The apglicant requests approval to permit a towing service and impound facility with the washing of towing vehicles and requests 38 parking spaces where 68 spaces are required by code. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, approving a Negative Declazation and Conditional Use Permit No. 2008-05326 with a waiver of minimum number of parking spaces. BACKGROIJNID: This property is developed with three vacant industrial buildings and is located in the Industrial (I) zone. The Anaheim General Plan designates this property and properties in all directions for Industrial uses. PROPOSAL: The appllcant proposes to relocate a towing service and impound facility business located at 500 - 510 South Atchison Street in the City of Anaheim to the subject property. Automotive repair activities are not proposed. The property is developed with three industrial buildings. The towing business would occupy a 22,000 squaze foot building (Building Three) on the eastern portion of the property. The building would consist of indoor storage for up to 96 vehicles and 1,000 square feet of office area. The building would have vehicle access provided by roll-up doors from both the east and west building elevations. Tow vehicles would deliver automobiles to the site and a forklift would transfer the vehicle into the building for storage. An enclosed outdoor storage area is proposed southwest of Building Three to secure seven impounded vehicles, seven employee parking spaces, two tow vehicles and a tow vehicle wash area. Although the business is only open 24-hours a day, the facility is open to the public Monday through Friday 8 a.m. to 5 p.m. The two remaining buildings on the property (Buildings One and Two) aze intended for light industrial uses. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92605 Tel: (714) 765-5139 Fax: (714) 765-5260 www.anaheim.net CONDITIONAL USE PERMIT NO. 2006-05326 June 23,2006 Pa6e 2 of 3 AidAI,YSI3: Towing service businesses that do not store towed vehicles aze permitted in the Industrial zone subject to approval of a business license. The code requires aconditional-use permit for impound facilities to determine compatibility with surrounding land uses. The project complies with all requirements of the Industrial zone with the exception of minimum number of parking spaces and is compatible with the adjacent industrial uses. Parking: The applicant requests 38 parking spaces where 68 spaces are required by code. The towing service and impound facility requires 34 spaces and Light industrial uses proposed in Buildings One and Two require 34 spaces (tota168 spaces). A total of 38 parking spaces aze proposed for the combined uses. A parking study was conducted at the existing towing and impound business. The study determined that only four pazking spaces would be required for the business. Four of the 38 parlting spaces would be used to provide parlting for customers of the tow service. Employees would pazk their vehicles in a secured area which is not included in the 38 spaces. Furthermore, tow-truck drivers would not drive personal vehicles to work. Therefore, staff has determined the number of existing parking spaces is adequate for the proposed business for Building Three and future industrial businesses for Buildings One and Two. The property is well-maintained and there are no outstanding code violations. The proposed towing and impound facility is compatible with the surrounding industrial uses. Therefore, staff recommends approval of the project.. Respectfully submitted, .Con rred by, Principal Planner P ning Services Manager Attachments• 1. Project Summazy 2. Letter of Operation 3. Draft Resolution 4. Parking Demand Study The following attachments were provided to the Planning Commission and are available for public review at the Planning Services Division at City Hall. 5. Site Photographs 6. Plans Item No. 9 _m _c _~. ~~, u~. c w~. ~.v o -a ~< uc 3~c vue °uuc I v O(LINGETHGriPE AVENl1E K:. I i^,i LA PALMA I ':Y{ VENpE \ . yE .`'F LIGLOV: AVENl1E ~ I ~\ 6AL' - G ftOA3 _ _ _ KAT-LV'~ - f N < nV€NIIE CHAFMAII AVENUE - °~ r uy - xm eJ Cv av wn o _c u ou muw -cct August 18, 2008 Zoning Code Amendment No . 2008-00067 ~t°~~'~%~~ ~ a vm ~°@a~ Citywide iosas CW C g V I- B h O O O O C O e~ [- -c C b c 0 'O C r ti 0 CJ L w U bq C O bA cC3 c3 C .~ b b ai b V C U Y U b O U .C U O !1 O G U [-~ I ~~ -- i I , ~~ ~ v I ...J v C cJ c3 0 fJ ~ ~ T i v O ~ a!1 C I O M ~ _ C ~ ~ U ~ ) T C', _ _ _ U v ~ ~ p ~ ~. - o ... ~ ~ ' c U ~ c ~~ N ~ -- o o cn ~- o ` ` N o. r ~ ~ = e .. ~ ~ ~ N ~ ~ U c C ;~ +' ~ C O ^ ~ am r ^ ~ L . / O CL ^ ~ N ~ L ~ °~a ~ ~~ G o c ` emu: -- p A ~ U U O ~ o ~ w+ ~ C. 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AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 7.24.060 OF CHAPTER 7 OF TITLE 7 OF THE ANAHEIM MUNICIPAL CODE AND AMENDINGTABLE 4-J OF SECTION 18.04.100 OF CHAPTER 18.04, TABLE 8-B OF SECTION 18.08:030OFCHAPTER 18.O8,TABLE ]0-A AND 10-B OF SECTION 18.]0.030 OF CHAPTER 18.10, ADDING A NEW SUBSECTION .120 TO SECTION OF 18.10.030 OF CHAPTER 18.10, ADDING ANEW SECTION 18.38.245 TO CHAPTER 18.38, AMENDING SUBSECTION .010 OF SECTION 18.46.055 OF CHAPTER, SUBSECTION .130 OF SECTION 18.46.110 OF CHAPTER 18.46, SUBSECTIONS .010 OF SECTION 18.48.020 OF CHAPTER 18.48, SUBSECTION.030OF SECTION 18.48.0400E CHAPTER 18.48, SUBSECTION .040 OF SECTION 18.52.030 OF CHAPTER 18.52, S UBSECTION .020 OF SECTION 16.52.1 ] 0 OF CHAPTER 18.52, DELETING SUBSECTION .030 OF SECTION 18.52.110 OF CHAPTER 18.52, AMENDING SUBSECTION .020 OF SECTION 18.62.040 CHAPTER 18.62, SUBSECTION .060 OF SECTION 18.62.060 CHAPTER 18.62, AND SUBSECTION .010 OF SECTION 18.62.045 OF CHAPTER 18.62 OF TITLE 18 OF TIIE ANAHEIM MUNICIPAL CODE, RESPECTIVELY. THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Section 7.24.060 of Chapter 7.24 of Title 7 ofthe Anaheim Municipal Cade be, and the same is hereby, amended to read as fol}ows: "7.24.060 DISTRIBUTING HANDBILLS AT ANGEL AHEIM STADRJM, ANAHEIM CONVENTION CENTER AND THE HONDA CENTER Persons distributing hand bills at Angelaheim Stadium, Anaheim Convention Center and the Honda Center shall be subject to the following restrictions". .010 Persons distributing handbills shall wear, in ¢ conspicuous and prominent place on their clothing, a badge or similar device identifying the organization or group they represent. OZO Persons distributing handbills shall not impede the flow ofvehicularorpedestrian traffic. .030 Persons distributing handbills shall not interfere with the conduct of business. .040 No handbills shall be distributed within ten feet of any entrance, exit, ticket window, or queue ofpatrons. .050 No handbills shall be distributed in the interior of buildings. .060 No handbills shall be distributed in the parking structure at the Convention Center. .070 No handbills shall be distributed which bear advertising offering for sale goods, wares, merchandise, or commercial services by persons or businesses which are not current tenants or exhibitors inside the Stadium, of Convention Center or The Honda Center." SECTION 2. That Table 4-J (Permitted Encroachments for Accessory Uses/Structures: Single Family Residential Zones) of Section 18.04.100 of Chapter 18.04 of Title 18 of the Anaheim Municipal Code be, and [he same is hereby, amended to read as shown in Exhibit "A" attached hereto and incorporated herein by this reference. SECTION 3. That Table 8-B (Accessory Uses and Structures; Commercial Zones) of Section 18.08.030 of Chapter ] 8.08 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: Table S-B P=Permitted by Right ACCESSORY USES AND STRUCTURES: C=Conditional Use Permit COMMERCIAL ZONES Required N=Prohibited C-NC C-R C-G O-L O-H Special Provisions Amusement Devices P P P N N Animal Keeping N P P N N Subject to § 18.38.030 Antennas-Dish P P P P P .Subject to § 18.38.050 Antennas-Receiving P P P P P Subject to § ]8.38.050 Automatic Teller Machines p p p p p Subject to § 18.36.050.035 (ATM's) Ringo Establishments P P P P P Subject to Chapter 7.34 Caretaker Units N P P N N Subject to § 18.38.090 Fences & Walls P P P P P Subject to § 18.40.050; this use may occur on a lot without a primary use Home Occupations N P P N N Subject to § 18.38.130 Landscaping & Gardens P P P P P Subject to Chapter 18.46; this use may occur on a lot without a primary use Mechanical & Utility P P P P P Subject to § 18.38.160 Equipment- Ground Mounted Mechanical & Utility P P P P P Subject to § 18.38.170 Equipment- Roof Mounted Outdoor Displays N P P N N Subject to § 18.38.190 Parking Lots & Garages P P P P P ' To serve needs of on-site ' primary use only Portable Food Carts N P P N N Subject to § 18.38.210 Recreation Buildings & N N P P N Only in conjunction with Structures non-conforming single- familyresidence Recycling 1-aciGties .m,o;.;~ P N P N N Subject to Chapter 18.48 Signs P P P P P Subject to Chapter 18.44 Solar Energy Panels P P P P P Must be mounted on the roof and, if visible from the sheet level, must be parallel to the roof plane Vending Machines P P P P P Shall be screened from view . from public rights-of--way and shall not encroach onto sidewalks SECTION 4. That Table 10 :A (Permitted Uses: Industrial Zone) of Section 18.10.030 of Chapter 18.10 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended as follows: Table 10-A PRIMARY USES: INDUSTRIAL ZONE P=Permitted by Right C=Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Pemtit Required 1 Special Provisions Residential Classes of Uses Mobile I-[ome Parks C Non-Residential Classes of Uses Agricultural Crops P Alcoholic Beverage Sales-Off-Sale C Alcoholic Beverage Sales-On-Sale C Ambulance Services P Animal Boarding C Animal Grooming C Antennas-Broadcasting C Antennas-Telecommunications- Stealth Building-Mounted T Subject [o §§ 18.38.060 and 18.62.020 Antennas-Telecommunications- Stealth Ground-Mounted T Subject to § 18.38.060 Antennas-Telecommunications- Ground- Mounted (Non-Stealth) N Automated Teller Machines (ATM's) P Automotive-Car Sales & Rental C Subject to § 18.38.200 Automotive-Car Sales, Retai] or Wholesale (Office Use Only) C Automotive-Impound Yards C Subject to § 18.38.200 Automotive-Public Parking C Automotive-Parts Sales C Automotive-Repair & Modification C Automotive-Service Stations C Subject to § t 8.38.070 Automotive-Washing C Bars S Nightcluhs C Billboards N Boat & RV Sales C Subject to § 18.38.200 Building Material Sales C Not more than 30% of the outdoor area, excluding parking, shall be devoted to outdoor displays; subject to §§ ! 8.38.190 and 18.38.200 Business & Financial Services C Community & Religious Assembly C Dance & Fifiess Studios-Large C Dance & Fitness Studios-Small C Day Care Centers C Drive-Through Facilities C Educational Institutions-Business C Educational Institutions-General C Educational Institutions-Tutoring C Subject to§18.36.040.050 Equipment Rental-Large C Conditional use permit not required if conducted entirely indoors Equipment Rental-Small P Helipads & Heliports C Hospitals C Hotels & Motels C Industry-Limited ' P Industry-General C Junkyards C Subject to § 18.38.200 Mortuaries C Offices-Development P Offices-General C Permitted without conditional use permit only if accessory to an industrial or other primary permitted use Oil Production C Subject to § 18.38.180 Outdoor Storage Yards C Subject to § 18.38.200 Personnel Services-General C Laundromats are subject to § 18.38.150 Personnel Services-Restricted C Plant Nurseries P Subject to §§ 18.38.190 and 18.38.200; retail only requires a conditional use permit Public Services P Recreation-Billiards C Recreation-Commercial Indoor C ' ' Amusement arcades are allowed only in conjunction with a hotel, motel, or bowling alley ` Recreation-Commercial Outdoor C Recreation-Low-Impact P Recreation-Swimming & Tennis C Recycling Facilities T 6eeentl C Subject to Chapter 18.48 n„...,.r... c,.~..~,,,,,. o.,.,.,....~... ~ c. ~. ~.,,.. ~.,. ri.,,....,.. i c do Repair Services-General P Repair Services-Limited C Research & Development P Restaurants-Drive-Through C Subject to § 18.38.220 Restaurants-General C Fast-food and take-out service allowed without a conditional use permit when a part ofan industrial complex of 5 or more units; subject to § 18.38.220 Restaurants-Semi-Enclosed C Subject to § 1$.38.220 Restaurants-Walk-Up C Retail Sales-Household Furniture C Permitted by conditional use permit only if the retail sales portion of the business occupies a minimum of 50,000 square fee[ of building floor area Retail Sales-General C Industrially-related only Retail Sales-Outdoor C Subject to §§ 18.38.190 and 18.38.200 Self Storage C Subject to City Council Policy No. 7.2 Sex-Oriented Businesses ' P Subjec[ to Chapter 18.54 Studios-Broadcasting P Studios-Recording P Towing Services P Transit Facilities C Truck Repair & Sales C Subject to § 18.38.200 Utilities-Major C Utilities-Minor P Veterinary Services C Warehousing &Storage-Enclosed P SECTION 5, That Table 10-B (Accessory Uses and Structures: Industrial Zone) of Section 18.10.030 of Chapter 18.10 ofTitle 18 ofthe Anaheim Municipal Code be, and the same is hereby, amended as follows: Table ]0-B p=permitted by Right ACCESSORY USES AND C=Conditional Use Permit Required STRUCTURES: INDUSTRIAL N=Prohibited ZONE 1 Special Provisions Amusement Devices P Animal Keeping P Subjectto § 18.38.030 Antennas-Dish P Subject to § 18.36:050 Antennas-Receiving P Subjectto § 18.38.OS0 Caretaker Units P Subject to § 18.38.090 Fences & Walls P Subject to § 18.38,050; this use may occur on a lot without a primary use Home Occupations P Subject to § 18.38.130 Landscaping & Gardens P Subjectto Chapter 18.46; this use may occur on a lot without a primary use Mechanical & Utility Equipment- Ground Mounted P Subjectto § 1836. ] 60 Mechanical & Utility Equipment- Roof Mounted P Subject to § 1838.170 Parking Lots & Garages P Petroleum Storage-Incidental P Shall comply with the Uniform Fire Code Portable Food Carts P Subject to § 18.38.210 Recreation Buildings & Structures P Recycling Facilities ~ ~~-~T Consumer P Subject to Chapter 18.48 Retail Floor, Wall & Window Coverings P Subject to § 18.38.250 ]0 Signs P Subject to Chapter 18.44 Vending Machines P Shall be screened from view from public rights-of=-way and shall not encroach onto sidewalks Warehousing &Storage-Outdoors P Subject to § 18.38.200 SECTION b. That new subsection .120 be, and the same is hereby, added to Section 18.10.030 of Chapter 18.04 of Title 18 of the Anaheim Municipal Code, to read as Follows: " I ~0 111 uses shall be conducted wholly within a building, exceptserviee station operations that reeularly occur outside a buildinc and those outdoor aclieities permitted in conimtetion with uses listed in Chapters 18.10 and 18.36 of Hte.Anaheim Mmticinal Code_"' SECTION 7. That new Section 18.38.245 be, and the same is hereby, added to Chapter 18.38 of Title I S of the Anaheim Municipal Code to read as follows: "18.38.245 SPECL4L EVENT REGULATIONS ~~'ITHtN THE t'L.4TINUti1 TR[ANC:LE. In addition to Che provisions contained in Section 18 36.240_ the following shall also apply to the area described as The Platinum Triauele as described. in the Platinum Triangle Master Land Use Plan. U10 Temporary display of banners shall be limited to the following: 01 Ol One banner shall be allowed to be displayed on the premises provided that the banner is used in association with an on-site special event; the messaee on the banner will he limited to the. name. IOg0 of [he business and/or the event. U20. Prohibited advertising and display. 0201.Ouldoart9isplavs and/or sales of merchandise or promotional materials in a location that is visible from a public rieht-of=way and/or adjacent orongrly: .0202. Inflatable udvetlisine displays; 0203. Outdoor advet~tisine oi'merchandise, products and/or services: .0204. Rout-rnomned disolavs n1' floes, banners. balloons. in;latable devices, or snpilar disolavs .0205. Display ofpennants or pennant-tvoebauners in a location that is visihle from a uublic rieht-of=wuv and/or adjacent proneriies: . , .0206. 1=iaus. banners or bafloons displayed in a landscape area or o^ a fence: and .0207, Dallogns. svom. frayed or faded floes. .030. Camivals S Circuses. In addition to the requirements contained in Section 18.38 095 S~unplemental Use Reeula(ionst and Chapter=1.53 !Camivals and Circuses) a conditional irsepgrmitshall be required for Carnivals & Circuses." SECTION 8. That subsection .010 of Section 18.46.055 of Chapter 18.46 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".010 Setback and percentage requirements. The design and installation of all new turf and artificial turf areas shall comply with the following requirements: 0101 SingleFamih and~4ultiole-FamilyZones.Insinglefamilyattachedordetached,and multiple-family residences. Artificial turf maybe used in lieu of replace natural turf in front, side, and rear yards for up to 100 ' ~~ coveraee or in combination }vide all other nahnal non-turf materials.but must meet minimum and maximum percentage requirements found below: .0102 Commercial. and hidustrial and Public and Special Purpose "Cones. Artificial turf may be used in lieu of replace natural turf in front, side, and rear yards for up to 100 °,~ covera<~e or in combination with all other natural non-turf materials. The quantity of artificial turf that maybe installed shall be determined in combination with all other natural non-turfmaterials so that the total of artificial turf may not'exceed fifty percent (50%) of said site's landscape area." SECTION 9. That subsection .130 of Section 18.46.110 of Chapter 18.46 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".130 Crib and Retaining walls. In addition to the requirements identified in Chapter 17:06 (Grading, Excavations and Fills in Hillside Areas) of the Anaheim Municipal Code, crib and retaining walls shall comply with the following provisions. In the event that the crib and retaining wall provisions contained in this Chapter conflict with those contained in Chapter 17.06, the provisions of this Chapter shall prevail. .1301 The height of solid retaining walls visible to public rights-of--way, public trails or private streets shall be three (3) feet or less, as measured from the grade on the side of the wall that is 12 visible to the right-of-way or street; provided that additional height may be approved, if it is determined that exceptional circumstances exist which justifya highenvall, and the additional height can be effectively screened by landscaping or other decorative features. The height of such walls under any conditions shall not exceed six (6) feet. .1302130] The heieht of crib and retainine walls visible to nublic riehts-ot=wav. public u-»IS ornrivate sn~t~ets shall be sic (61 fectorless as measured t}om the uradeon the side ofthe wall that is visible to the right-ot=wav. public [rail or street: provided. that an additianal six i61 feet in height may be allowed if the additional six (6i feat is reconfieured to a minimum of two three-foot hi~~h steps or tlnee twrnfoot Itieh steps with a minimum nvo (Tl foot separation between all walls 6rowtdcover Shull be planted in the seoaration areas cascadin<~ over the step(s) to substantially ohscure the wall -the heieht ofsuch walls under env conditions shall nut exceed twelve (121 feet as measured fi~om the lowest adiueent grade.. ° 1'a _.,~,,:..:..,. ,..or ..:ru_ ...., wr_ ~mr..r ,.a ....,.. 0 0 ..«..,s.. ,.., .,. ,. LI' '1 .. 1.:,.b .. .. .LI .a6.... ~..A r.- /<~ F e~ ... Me:..6t-Rh4}/1-}i0 .. _... ... r... _._ ....__..., .._. ~ ~ __. _ A'-. rL ../rl ,,..A ..nN:nll. ..{. n,....:.... •i.~ . ii T6er., ra,.:. rln.. .. ...~enLC6~1L6a _..11.0 ..I:~d ~ ..A.e 6:,.L.,. .1.... ...b.:..:..... .~llr . . b~~ b ` 1302 The heieht ofctibaardretaininewallsnotvfsibletonublicriehts-of-wav. publicnuils or private sheets shall be lourteen (141 feet or less. as measured IiOln the lowest adjacent grade. I?03 All crib walls and retaining walls shall be constructed with landscaping and ~ - -' Formatted: Indent Firs[ line: 0.5" irrigation facilities. The landscaping and irrigation facilities shall be included on the landscaping and imgation plan to be approved by the Planning Department prior to issuance of the grading permit. For crib walls, a "mist" irrigation system at the tap of the wall is preferred but a "drip" irrigation system is an acceptable alternative. Landscaping of retaining walls shall include a combination of shrubs, vines and trees planted and maintained in a manner to screen the retaining wall from public view. The landscaping and irrigation facililies shall be continually maintained in a manner that ensures on-going screening._ SECTION t0. That subsection .010 of Section 18.48.020 of Chapter 18.48 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".010 An aoolication I'or reverse vending machines orsmall collection facilities pursuant to this subsection UIU shall be made in writing on a lone established for that pumose by the Planning Director ~~~'-• • °° r.°m ~''° "'°°~'° ~ ^°~ ^~ ~'.€rara-th and shall receive a Recycling Permit prior to the first day of operation, which and shall keep a recycling permit shall remain in effect at all times. A conditional use permit must also be obtained if [he facilityis located 13 within the 1 (h~dustrial) Zone, other than the SP94-I (Northeast Specific Plan Area) overlay area." 14 SECTION 11. That subsection .030 of Section 18.48.040 of Chapter 18.48 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ",030 Small Collection Facilities. Snrtll collections facilities shall beallowed as urovided by - the underlvinr~ zone and must be established in coniunetion with a supemrarket and provided that the ' primary use is in cmnpliance with parl~im~ renuirements and the zonine. buildine fire and other applicable codesnftheCitvofAhaheint. Smallcollec[ionfacihtiesshallcmttplywiththefollowing provisions: .0301 The facility shall be no larger than five hundred (500) square feet and occupy no more than five (~) parking spaces not including space that will be periodically needed for removal of materials or exchange of containers; .030? The facility shall accept only glass, metals, plastic containers, papers and reusalile items; .0303 The facility shall use no power-driven processing equipment except for reverse vending machines; .0304 The facility shall use containers with no visible exterior corrugated surfaces and that are constructed and maintained with durable waterproof and rustproofmaterial, covered when the site is not attended, secured from unauthorized entry or removal of materials, and shall be of a capacity sufficient to accommodate materials collected in accordance with the collection schedule; 030 The facility shall be located and designed to be aesthetically compatible with the host use and/or with surrounding uses. The'use of standard, untreated shipping containers shall be prohibited; .0306 The facility shall store all recyclable material in containers or in the mobile unit vehicle and materials shall not be left outside the containers when an attendant is not present; :0307 The facility shall be maintained free of litter and any other undesirable materials. Facilities at which trucks or containers are removed at the end of each collection day shat] be swept at the end of each collection day and the site surrounding collection containers shall be pressure washed on a monthly basis. .0308 Facilities shall operate only during the hours between 9:00 a.m. and 7:00 p.m. and shall be located a minimum distance of one hundred feet (100) from any residential zone or residential land use; furthermore, if the facility is located within two hundred feet (200) of any residential zone or residential land use the facility shall be positioned so that the front opening of the facility faces away from such zone or use; ' 15 .0309 Container shall be clearly marked to identify the type of material that maybe deposited; the facility shall be clearly marked to identify the name and telephone number of the .......... facility operator and the hours of operation, and a notice shall be displayed stating that no material shall be left outside the recycling enclosure or containers; ,0310 Signs maybe provided as follows: 01 Recycling facilities may have identification signs with a maximum often percent (10%) per side or sixteen (16) square feet, whichever is larger; and 02 Signage shall identify only the recycling facility. .031 I No additional parking spaces shall be required for customers of a small collection facility located at the established parking lot of a primary use; .031 Z Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present; .0313 Occupation of parking spaces by the facility may not reduce available parking spaces below the minimum number of spaces required by Chanter 1$.42 (Parking and Loading) for the primary use except as expressly provided in Table 48-A (Parking Space Reduction), subject to all of the following conditions: O1 The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation; 02 A parking study approved by the City shows that existing parking capacity is not fully utilized during the time the recycling facility will be on the site; and 03 The permit may be reviewed and/or revoked after installation if the facility has caused any adverse impacts on uses located on the same or adjacent parcels" Table 48-A PARKING SPACE REDUCTION Number of Maximum Available Reduction Parking Spaces 0-25 0 26-35 2 I6 36-49 3 50-99 4 100+ 5 SECTION L. That subsection .040 of Section 18.52.030 of Chapter 18.52 of Title IS of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".040 General Requirements. All requests pursuant to this chapter shall be subject to the following requirements, which are further specified in Section 18.52.110 (Application Review): .0401 Joint Pre-application conference with the Planning and Community Development Department. .0402 Pre-file review. .0403 0402 Density bonus memorandum. .0404 0403 Density bonus application. .0405 0404 Density bonus housing agreement." SECTION t3 That subsection :020 of Section 18.52.110 of Chapter 18.52 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".020 Joinl Pre-Application Conference with Plannine and Community Development. Applicants for a request pursuant to this Chapter shall schedule a joint pre-application conference with, and such conference shall be granted by, the Plannins Denariment and the Community Development Department to discuss and identify potential application issues, including any additional Incentives requested pursuant to Section 18.52.090 (Development Incentives). No charge will be required for the pre-applicaton conference." SECTION 14. That subsection .030 of Section 18.52.110 of Chapter 18.52 of Title 18 of the Anaheim Municipal Code is hereby deleted. 17 r-:a -~r2 r i`~It0ii1' riC~-ti-~e •,••G•-• (••» ..1., ir it t,.. ,. L ...'at„ t., a6., UI ., v. ".... Il ,.......»...»• - - . _ .a T ~ ~ .rte r.~Prnrr.c .. mi .n~ I~,~Il~.i rv'nn A 1..=a1'.Ln-n.:»t'n.. nGA,, ...,.,n....11.,, ~'»C .ln .~l..mm~~_ i$E'tk~klk~~i'HE_.`-the .... IRm l.n. n' .,;.-r~+mm~nrrnV l.n» ...1, ~. .. '. fF».A .l.', ..:,. :» ,!'., ... ......,n.. ..J 1_.,.,I i'}1VYKfi J. ~a[nmri?,.....~.Q....L ..... F~„~ ...~T ~~'1 r~ lam. -~~~ n . TI. , • », ,.F ,l-.....:... L,.... 1s~_ r: SZ <n rr.. E)=F~~EH2~Fa1-{3ERSft ~(~1#HS'I -I$ ~ m..l' ,A f..... .. d~.n.a....! :n G.. ..:»... ~ r .».II c < ~ nan ~~~,nd,.».:..: ~ .,_. : .__. °1 r"" } 'nl n».I 1 V V <~ ro~vt C Eiii ~c vnj ciiiid C' rc o n ^ il ~ _ <1 nVl1 l A Ff..».JnLI„ ~ ~ ,ern . P 1-1 ~.n I v r a cx a . n .... ~ ~ J ~ na n. D...L:..n on..:,. n ,. ..i . a.., i, .../n„ nna » ...1. pvH~CM~-Spdc2~ .ro N38_' c:..-r.,,~,:..~m~-r,.:, l n....l....: a.,...,.r. 1 . ». L...:. :>.. ,L, ». »'.,.. a... .:I,:..... a, ,~.,. mn~ n.., n.,..i'n..,'n., r,...rn..,.. .., v.,.,F .n.;,,.. TL., ..»»:. ». ..1. n..... .•a,. ~_:a ..'.» ..._.,,.. ~ ,. y n.....,1»»m....a 1....... ~.,,.,.» .» .1~0 =1ddi.'n.,nt Inr;....,,,..~n., n....,.1. __ •»n...». .,: n., s-t~it~,~~~^'' ~~'° .0308 Fees. Applications not initialed by the City Housing Authority or Redevelopment Agency shall be accompanied by a filing fee as set forth in Chapter 18.80 (Fees). SECTION 15. That subsection .020 of Section ]8.62.040 of Chapter 18.62 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".p20 Types of Adjustments. Administrative adjustments maybe approved or conditionally approved by the Zoning Administrator in the following matters; provided. however that the adiusnnent does not conflict with the provisions of the California Buildine Standards Code or other codes. as adopted by the Citv: - 18 .0201 Dimensional requirements for front setback: a maximum deviation of hventy percent (20%) from Code requirements. .0202 All otherdimensionalorpercentagelimitationsorrequirementsofthisTitle,except fences, walls, hedges and berms: a maximum deviation of ten percent (] 0%). A deviation of ] 0%or less from the requirements for lot coverage or parking may be processed as a minor modification subject to Section 18.62.045. .0203 Maximum height requirements for fences, walls, hedges and berms in any required structural setback or yard in any non-residential zone that is adjacent to a residential zone. .0204 Maximum height requirements for fences, walls, hedges and berms in any required interior yard or setback in any multiple-family residentially zoned property, or on property developed with multiple-family dwellings in any zone. A maximum deviation of twenty percent (20%) from Code requirements." SECTION 165. That subsection .060 of Section 18.62.060 of Chapter 18.62 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".060 Findings. The Zoning Administrator shall make the following findings in order to approve an administrative adjustment: .0601 The adjustment is consistent with the purposes and intent of the Zoning Code; .0602 The same or similar result cannot be achieved by using provisions in the Zoning Code that do not require the adjustment; .0603 (l604The adjustment will not produce a result that is out of character or detrimental to the neighborhood." SECTION 176. That subsection .05010 of Section 18.62:045 of Chapter ] 8.62 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".050 Findings. The Planning Director shall make the following findings in order to approve a minor modification: 19 ",.0501 The modification is consistent with the purposes and intent of the Zoning Code; OSD2 The same or similar result cannot be achieved by using provisions in the Zoning ' Code that do not require the modification; and OSD3 The modification does not conflict with the provisions of the California Building Standards Code or other codes, as adopted by the Ciry; and .05043 The modification will not produce a result that is out of character ordetrimental to the neighborhood." SECTION 187. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination here from of any such portion as may be declared invalid. SECTION 195. SAVINGS CLAUSE Neither the adoption ofthis ordinance nor the repeal of any other ordinance ofthis City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver ofany license or penalty or the penal provisions applicable to any violation thereof. The provisions ofthis ordinance, insofar as they are substantially [he same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 192D. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision ofthis ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any ofthe provisions ofthis ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefore as provided far in this ordinance. 20 THE FOREOO[NG ORDINANCE was introduced at a regular meetine of the City Council of the City of Anaheim held on [he _ day pf , 2008, and thereafter passed and adopted at a regular meeting of said City Council held on the day of 2008, by the following roll call vote: Al'ES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM By MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 70U95v.2/MGordon 21 «I;~xI~I~ .~„ CIIPdE'TEI~ 10.04.100 - SIPIGI.E FAI9'III,Y IlES12)E1V'TIAI. Z®1~IE (iJSES) 'TAI$I,E 4J - PEF'.R~IIT"I'EI9 ElVCIB®?,CIIlVIEIV'I'S FAR ACCESS®I23,' iJSES/S'TIBiJC'I'IJI2E S Table 4-J PERMITTED ENCROACHMENTS FOR ACCESSORY USES/STRUCTURES: SINGLE-FAMILY RESIDENTIAL ZONES RH- RS- 1 2 3 1 2 3 4 Accessory Use/Structure Permitted Encroachment Additional Provisions Air Conditioning Front N N N N N N N Noise level must be less Units Side Y* Y* . ' Y* Y* Y* Y* Y* than 50 dB(A) measured at Reaz Y Y Y Y Y Y Y the lot line. TF ~nnn4n~: r:~e .. nhT.nnl• , .,.4 ., ..h L.n .... tl.n ,.:An nF Q.n nhe V Trxa-a°co~~5~zv° *A minimum clearance of 3 feet must be maintained on at least one side yard. Arbor/Trellis Front Y Y Y Y Y Y Y Maximum 8 feet high aad-3 (deteFhedfreestanding) Side Y Y Y Y Y Y Y sr}+rare-fee~and constructed Rear Y Y Y Y Y Y Y offire-resistant materials approved by the Building Division. Otherwise, a 4~foot setback is required from any adjacent property line. Amateur Radio Front N N N N N N N Must comply with setbacks Towers Side N N N N N N N and Section 18.38.040 Reaz N N N N N N N Awnings Front Maximum 4 feet Must be permanently Side Maximum 2 feet attached to the building and Rear Maximum 4 feet properly maintained. Must be at least 4 feet from any ro erty line. Balconies (covered or Front Maximum 30 inches Must be at least 10 feet uncovered) S i d e N N N N N N N from the rear property line. -, ^ ^ _ TAY Amt Reaz Y Y Y Y Y Y Y Bazbeques (built-in, Front N N N N N N N Maximum 5 feet high. permanent) Side Y Y Y Y Y Y Y Reaz Y Y Y Y Y Y Y Basketball Front N N N N N N N Courts .Side Y Y Y Y Y Y Y Rear Y Y Y Y Y Y Y Cazports/Porte Front N N N N N N N Design features must Cocheres Side Minimum 3 5 feet to ro ert line complement main house. Rear ' Minimum 3 5 feet to property line No side or rear setback required if structure has no openings and is constructed with fire resistant materials approved by the Building Division. Table 4-J PERMITTED :ENCROACHMENTS FOR ACCESSORY USES/STRUCTURES: SINGLE-FAMILY RESIDENTIAL ZONES RH- RS- 1 2 3 1 2 3 4 Accessory Use/Structure Permitted Encroachment Additional Provisions Firep}asesChimneys Front Maximum 30 inches *A minimum cleazance of Side Maximum 20 inches 3 feet must be maintained R e az axim u ches M m 30 i n on at least one side yard. Tl o..l... /~..n.....7 nh..~.r { ~, ~ ~~ 2-tCtIT T i iY ~ T Yf ~ T 2Y TAT '.Y qT 'YY ~T YY ~T SY ~.7.. .. «~.....1. ~,..» F .. ~3de I~1 1~T ICI i~ ~ i~ ..r ,...~ j CALF Al ~T ~ i~ ~1 1'e ~I Fencing/Walls Front Y Y Y Y Y Y Y Must comply with Side Y Y Y Y Y Y Y 18.46.110 of Chapter 18.46 Reaz Y Y Y Y Y Y Y (Landscaping and Screenin ). Eaves/Roof Overhang, Front Maximum 30 inches Must not be closer than 4 Cornices, Belt Side Maximum 20 inches feet to the property line. Courses, Sills and Buttresses Reaz Maximum 30 inches Fire Pits/Outdoor Front N N N N N N N Fireplaces Side Y Y Y PF-Y ICY hF Y ~T Y Reaz Y Y Y Y Y Y Y Flag Poles Front Y* Y* Y* Y* Y* Y* Y* Maximum height is same Side Y** Y** Y** Y** ' ?~F Y** IaI Y** hI Y** as underlying zone. *Minimum 10 feet from Reaz Y** Y** Y** Y** Y** Y** Y** front property line. *^rNo closer than 5 feet €rer~ to side or reaz pro erty fine. Fountains and Front Y* Y* Y* Y* Y* Y* Y* *Minimum 10 feet from Sculptures Side Y** Y** Y** Y** Y** : Y** Y** front property line, except Rear Y** Y** Y** Y** Y** Y** Y** minimum 5 feet from front property line in RS-3 and RS-4 Zones. **Maximum 6 feet high. Garages (detached) Front N N N N N N N Amount of encroachment Side N N Y Y Y Y Y shall not exceed 450 squaze Rear N N Y Y Y Y Y feet. Must be located no closer than 5 feet to property line unless constructed with fire resistant materials approved by the Building Division. Gazebos Front N N N N N N N Maximum 10 feet high and .Side N N N N N N N no closer than 5 feet from Rear Y Y Y Y Y Y Y property line. Table 4-7 PERMITTED ENCROACHMENTS FOR ACCESSORY USES/STRUCTURES: SINGLE-FAMILY RESIDENTIAL ZONES RH- RS- 1 2 3 1 2 3 4 Accessory Use/Structure Permitted Encroachment Additional Provisions Greenhouses (detached) Front N N N N N N N ~-Must be located no closer than 3 5 feet to Side N Y Y Y Y Y Y side property line. Cannot Rear N Y Y Y Y Y Y exceed 8 feet in height. Guard Railings (where Front Y Y Y Y Y Y Y required for safety by Side Y Y Y Y Y Y Y City Codes) Rear Y Y Y Y Y Y Y Light Fixtures (for Front N N N N N N N Maximum 6 22 feet high. tennis or sports courts) .Side Y Y Y Y Y Y Y Must be hooded to prevent Rear Y Y Y Y Y Y Y excessive glare onto adjacent property. Parking (Open) Front N* N* N* N* N* N* N* *Except as provided in Side Y** Y** Y** Y** Y** Y** Y** Chapter 18.42. Rear Y** Y** Y** Y** Y** Y** Y** ' ' **Provided pazking is screened from public right- of-way. Patio Covers/Canopies Front N N N N N N N Not to exceed 10 feet high. Side hF Y* hF Y* hI Y* hF Y* 1~I Y* hl Y* ~d Y* *Shall not extend closer than 3 4 feet to property Rear I~l y** Y** y** y** y** y** y** line. **Shall not extend closer than 10 feet to property line. Pet Enclosures/Dog Front N N N N N N N Runs Side ~}1' IaIY ~dY ~I' ?~FY Ia~Y PdY Rear Reaz Y X Y Y Y Y Y Pilasters/Light Front Y Y Y Y Y Y Y Maximum 7 feet high Fixtures (freestanding) Side Y Y Y Y Y Y Y decorative freestanding Reaz Y Y Y Y Y Y Y light fixtures and maximum 6.5 feet high for pilasters only, no closer than 8 feet on center. For pilasters/light fixtures in conjunction w/fence or wall see § 18.46.110.060.0601 Table 4-J PERMITTED ENCROACHMENTS FOR ACCESSORY USES/STRUCTURES: SINGLE-FAMILY RESIDENTIAL ZONES RH- RS- - 1 2 3 I 2 3 4 Accessory Use/Structure Permitted Encroachment Additional Provisions Play Equipment Front N N N N N N N *D°~-~~~°~* ..*~.~«.•~°~ ~~' , i,.. „'s.'~~` Side N N N N N N N -,,.:««°;, ,,« ° ..,,.,:,.,,. Rear Y Y Y Y Y Y Y Maximum S 10 feet high and no closer than 5 feet to reaz property line. Pool Cabanas Front N N N N N N N Maximum 10 feet high and (detached/semi- Side N N N N N N N no closer than 5 feet to enclosed) Reaz Y Y Y Y Y Y Y property line. Pool Equipment Front N ~ N N N N N N Decibel level must be less Side Y* Y* Y* Y* Y* Y* Y* than 50 dB(A), measured at Rear Y Y Y Y Y Y Y . the lot line. *A minimum cleazance of 3 feet must be maintained on at least one side yard. Pool Rock Front N N N N N N N Maximum 8 feet high and ' Formations/ Side Minimum of 3 feet from side ro erty line 1~4must be finished if back Waterfalls ("°°'~ °~~ Rear Y Y Y Y Y Y Y is visible to public right-of- way or adjacent single- family residential property. i Pool Slides fe~+er~-~ Front N N N N N N N Maximum 8 feet high. I F Side Minimum 5 feet to an ro ert line Rear Minimum 5 feet to an ro erty line Pools/Spas Front N N N N N N N Side Y Y Y Y Y Y Y Rear Y Y Y Y Y Y Y Porches and At-grade Front T T T T T 3' 3' Uncovered only. If Decks (uncovered) Side NT Y N Y 1'F Y hF Y hF Y N Y hF Y attached to a residence, Reaz Y Y Y Y Y Y Y decks can be no closer than 4 feet to property line unless constructed with fire resistant materials approved by the Building Division. A°•••.'zcccx'vaciv PrPcomir3 SYVSIS l~F Y'Y I~ ~ l~ 1'V I~1 ~l " ° '~ '~ v -azav -p rv p vcry-nFio Table 4-J PERMITTED ENCROACHMENTS FOR ACCESSORY USESlSTRUCTURES: SINGLE-FAMILY RESIDENTIAL ZONES RH- RS- l 2 3 1 2 3 4 Accessory Use/Structure Permitted Encroachment Additional Provisions . .« t rt, ...,1 r "~ '~ ~ ~ nn n,n..F~r:.te~fo..t. t:,. ~ , .,. , ,.e ,.....a~ D D ~ ~ ~ ~ , da3~ Rear '~~ ~ ~'-~~ ~~ ~~ ~~ ~=~ ~~ u,,..t«,.....,, c..F~...\ ....,, i ,.,.,,:....\ ., e.t..,., ., :,,rr o D ..Li:.. ,...A .. n«a ot~oe4c b e.. tt n .en4n ~~ }~..:t ~FF~..t:..e . ...1 .. ...,.a.. , .e.] ~...... +F.., tYfCf8V1: Satellite Dishes Front N N N ' N N N N (freestanding, over 2 Side N N N N N N N feet in diameter) Rear Minimum 5 feet to rear pro perty line Sheds (detached, pre- Front N N N N N N N Maximum 120 square feet. fabricated, without Side Y Y Y Y Y Y Y Maximum 8 feet high. utilities) Rear Y Y Y Y Y Y Y Tennis Courts/ Front N N N N N N N Only 1 court per lot is Sport Courts ' Side Y Y Y Y Y Y Y allowed. Reaz Y ' Y Y ' Y Y Y Y T.ee~ C Y'1'tlYfY A, ET YY T, iT Y T T ~ Y v , r ri A i Y Y ~ i ri " , r Y P ~aJ S~ SY ,~ i SY ~~ rT fV , ,~{{ TY .~ iT T SY }~iT ~, SY 1 ~ ii TY Trees, Shrubs, Front Y Y Y Y Y Y Y Flowers, Plants Side ' Y Y Y Y Y Y Y Rear Y Y Y Y Y Y Y Workshops (detached Front N N N N N N N Maximum 120 squaze feet. with utilities) Side N Minimum 5 feet from side pro erty line Workshops in excess of Rear N Minimum 10 feet from reaz ro erty 120 square feet are subject Table 4-7 PERMITTED ENCROACHMENTS FOR ACCESSORY USES/STRUCTURES: SINGLE-FAMILY RESIDENTIAL ZONES RH- RS- 1 2 3 1 2 3 4 ` Accessory Use/Structure Permitted Encroachment Additional Provisions line to compliance with 18.04.100.010.0105.