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PC 2008/10/27i I ~ o ~s i en a ._ _ _. Moradav, October 27, 200~ Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California Call To Order • Chairman: Joseph Karaki • Chairman Pro-Ternpore: Panky Romero • Commissioners: Peter Agarwal, Keliy Buffa, Gail Eastman, Stephen Faessel, Victoria Ramirez Preliminary Plan Review 1:30 P.M. • Staff update to Commission on various City developments and issues (As requested by Planning Commission) • Preliminary Plan Review for items on the October 27, 2008 agenda For record keeping purposes, if you wish to make a statement regarding any item on the age~da, please complete a speaker card in advance and submit it to the secretary. • Recess To Public Hearing • Reconvene To Public Hearing 2:30 P.M. • Pledge Of Allegiance • Public Comments • Consent Calendar • Public Hearing Items • Discussion • Adjournment You may leave a message for the Planning Commission using the following e-mail address: planninqcommission@anaheim.net Any writinqs or documents provided to a maioritv of the Planning Commission re aq rding any 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. Minutes ITEM 1A Receiving and approving the Minutes from the Planning Commission Meeting of October 13, 2008. (Motion) NOTE: Meeting minutes have been provided to the Planning Commission and are available for review at the Planning Department. Motion 10/27/08 Page 2 of 8 Public Hearina Items: ITEIVi NO. 2 CEQA NEGATIVE DECLARATION, COMDITIONAL USE PERMIT NO. CUP2007-05236 Owner: Kim A Waldheim WW Investment Properties, LLC 209 Barkley Road Georgetown, KY 40324-9262 Applicant: Norman Bergdahl 500 South Walnut Street Anaheim, CA 92802 Location: 500 South Walnut Street: This property is approximately 2.1 acres, having frontages of 405 feet on the east side of Walnut Street, 95 feet on the south side of Santa Ana Street and 419 feet on the west side of Manchester Avenue. Request to permit and retain an existing concrete batching plant with outdoor truck parking, repair, storage and staging activities. Resolution No. Project Planner. ethien ~anaheim.net 10/27/08 Page 3 of 8 ITEflfl MO. 3 CEQA PREVIOUSLY-APPROVED NEGATIVE DECLARATION AND CONDITIONAL USE PERMIT NO. 2871 (Trackinq No. CUP 2008-05352) Owner: Cornelia Connelly School 2323 West Broadway Anaheim, CA 92804-2306 Applicant: PDC Facilities, Inc 836 West Town & Country Road Orange, CA 92868 Location: 2323 West Broadwav: This property is approximately 6.5 acres, having a frontage of 454 feet on the north side of Broadway and approximately 860 feet east of the centerline of Giibert Street. Request to modify plans for a previously-approved conditional use permit for a school gymnasium and art complex to increase the number of classrooms and to construct the gymnasium and art complex in two phases rather than one phase. Resolution Ido. Project Planner. kwono2@anaheim.net 10/27/08 Page 4 of 8 ITEM NO. 4 CEQA NEGATIVE DECLARATION AND RECLASSIFICATION NO. 2008-00215 VARIANCE NO. 2008-04749, TENTATIVE PARCEL MAP NO. 2006-229 Owner: Amanik, Inc. 603 Seagaze Drive, #759 Oceanside, CA 92054 Applicant: Halladay & Mim Mack, Inc. 1181 California Avenue, Suite 102 Corona, CA 92881 Location: 7260 Canvon Rim Road: This property is approximately 1.06 acres, having a frontage of 542 feet on the south side of Canyon Rim Road approximately 92 feet west of the centeriine of The Highlands. Request to establish a 3-lot, 3-unit single-family detached residential subdivision. This project requires approval of the following actions: Reclassification No. 2008-00215 - reclassification of the subject property from the Transition (T) Zone to the Single-family Residential (RS-3) Zone; Tentative Parcel Map No. 2006-229 - to establish a 3-lot, 3-unit detached residential subdivision; Variance No. 2008- 04749 - to permit vehicular access on an arterial highway (Canyon Rim Road) where vehicular access is not permitted and permit parcels with lot depths less than 150 feet. Resolution No. Resolution No. Resolution No. Project Planner. kwono2 ~anaheim. net 10/27/08 Page 5 of 8 ITEM NO. 5 CEQA GATEGORICAL EXEMPTION CLASS 15 TENTATIVE PARCEL MAP NO. 2008-146 Resolution No. Owner: Walt Disney World Co. Tax Department P O Box 4741 Glendale, CA 91222-0741 Applicant: Matthew Kirk 3621 South Harbor Boulevard, Suite 100 Santa Ana, CA 92704 Location: 1600 South Disnevland Drive: This property is approximately 2.45-acres, having a frontage ' of 175 feet on the east side of 'Disneyland Drive, 1,115 feet north of the centerline of Katella Avenue. Request to establish a tentative parcel map for Project Planner. condominium purposes in conjunction with 71 vacation dhernck~anaheim.net ownership units at the Grand Galifornian Hotel. Adjourn to Monday, IVovember 24, 2008 at 1:30 P.M. for Preliminarv Plan Review 10/27/08 Page 6 of 8 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 10:00 a.m. October 23. 2008 (TIME) (DATE) LOCATION: COUNCIL CHAMBE DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits and Variances wiN 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 wili 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 DepartmenYs Automated Telephone System at (714) 765-5139. 10/27/08 Page 7 of 8 SCHEDULE - 2008 ~~ November 10 (Cancelled) ~~ II November 24 II fl December 8 II ~~ December 22 (Cancelled) II 10/27/08 Page 8 of 8 October 27, 2008 Subject Property Conditional Use Permit No. 2007-05236 500 South Walnut Street 10632 a sa mo . ~eC Ae;ial Pho~to: ~ PpTS 15 O~ A ~~ ~ PpTS A BpU ~ ROSS PARK SANra ~. ~ ~ND ~~ 2~. ~ ou "9 Fyc" '9~ Y T~ ~~ ~ "9~ ~ \ ~ October 27, 2008 Subject Property Conditional Use Permit No. 2007-05238 500 South Walnut Street APTS ~o ou 10632 ~ / ELDERWOOD AVE ~ i ~ w HAZELWOOD ST w ~ ~ _ ' / \ ~ F- ~ RS-2 Z ~ 1 DU EACH Q a sa ma rcec I'd'EM NO. 2 PLANNING COMMISSION AGENDA City of Anaheim PLANNING DEPARTMENT DATE: OCTOBER 27, 2008 FROM: PLANNING SERVICES MANAGER ELAINE THIENPRASIDDHI, PROJECT PLANNER 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net SUBJECL: CONDITIONAL USE PERMIT NO. 2007-05236 LOCATION: 500 South Waln~t Streat APPLICANT/PROPERTY OWNER: The applicant is Norman Bergdahl, the owner of Pacitic Ready Mix, and the propeRy owner is W W Investment Properties. REOLIEST: The applicant req~ests approval to permit and retain an exisYing concrete batching plant wiCh ouYdoor Cruck parking, repair, sCOrage and staging activities. RECONIlVIENDATION: Staff recommends the Planning Commission adopt the aYtached resolution, approving a Negative Declaration a~d Conditional Use Permit No. 2007-05236. BACKGROUND: Pacific Ready Mix has beeo in operation at 500 South Walnut Street since 2005. This business was approved as a concrete delivery business and batching and processing were not considered at that time. The facility subsequently started batc6in~, processing and storing raw materials such as sand and gravel oatdoors. The Code Enforcement Division responded to a complaint that dust may be affecting the adjacent schoo] in 2006 and informed the business owner that a conditional use pernut was reqnired. The property is located in the Ind~strial (3) zone. The Anaheim General Plan designates this property for Low-Medium Density Residential land uses. Properties to the south include single family homes aud are designated for Low Density Residential land uses. There is a public park to the oorthwest, a public school to the west and the I-5 freeway to the east and northeast. Conditional Use Permit No. 1052 was approved in ]968 to allow a trucking yard and terminal with auto and truck overhauling and repair facilities. This permit would allow continued use of this site as a[rucking yard wiCh repair faciliCies with no further action on the part of the City. The original approval of this permit included a truck terminal on the southem portion of the properCy and vehicle irnpound and repair on the northem portion of the property. The axisting stroctures aud perimeter fencing were approved as part of Chis permit. The permit was subsequently amended CONDITIONAL USE PERMIT NO. 2007-0~236 Ocrober27,20D8 Page 2 of 4 in 1973 to also allow outdoor storage of wrecked vehicles on the soothern portion of the property"' and tow truck pazking aod additional storage of wrecked vehioles on the north porCion. The Commission urged the petitioner to keep excessive noise from trucks entering and exiting the site between the hours of 11 p:m. to 6 a.m; however, limitations on the hours of opera[ion were not placed on the permit. PROPOSAL: The applicant is requesting approval to continue operation of a concrete batch plant. The projecc site is approximately two acres and access to the site is gained via one driveway on Manchester Avenue. The majority of the activities are conducted outdoors including the storage of raw materials, tr~ck parking, Cmck loading and truck washouC. Truck repair is conducted within an existing semi-enclosed structure. The entire site is sunounded by block walls of various heights, metal fencing aud wood fencing. Hours of operation are from 5 a.m. to 7 p.m. The applicant proposes to modify Cheir site layout and operations to address issues relating to the site's proximiry to the adjlcent residences to the sooth and school and park sites to the west. The following modifications have been proposed by Che applicant: Site La,~ • Relocate truck parking and staging area away from the south property line to various other locations throughout the site further from residences. • Increase the height of the exisTing 6 foat high block wall on south property line to 8 feeC high and remove vinyl scrim at top of wall. • Install a new 17 foot wide landscape planter adjacent to south property line wiCh a double row of 24-inch box Canotwood trees (28 trees total) as well as shrubs, groundcover and vines. • Move driveway approach on Manchester Street to the north by approximately 100 feet in order to decrease noise associated with vehicles entering and exitin~ the faciliky. • Remove existing driveway approach on Santa Ana Street to eliminate potential truck traffic near the elementary school and park sites. o Remove covered storage area at southwest corner of property and replace with landscape planter. • Install parkway and sidewalk along Manchester Avenue. Operational Characteristics e Limit vehic~lar parking near south properCy line to employee parking only. No trucks will be permitted to park or stage in this area. • ImplemenC a staggered sYart up and loading schedule for diesel Crucks, such that each truck driver will start his engine no earlier than 5 minutes prior to loading. This will limit the number of diesel engines thac are running at any given time. • All outdoor activities will cease by 7:00 p.m. Any business activities past 7:00 p.m. will be limited to indoor adzninistrative activities. o Water down sand pile sYOred outdoors to redace fiigitive dusC. CONDITIONAL USE PERMIT NO. 2007-05236 October 27, 2008 Page 3 of 4 ANALYSIS: Following is staff's analysis and recommendations on the project: Conditional Use Permit: Concrete batching is considered to be "industrial processing from raw materials" which is covered under the Industry-Genera9 Use category, and requ9res a conditional use permit. Outdoor storage of materials such as sand and gravel also requires a canditional use permit. Staff had several concems regarding the proximity of Che batch plant business Co the adjacent residences and neazby school and park sites, pazticularly due to the early hours of operaCion, outdoor acYiviYies, and use of diesel trucks. However, after reviewing the proposed site layout and operatlona] modificatioos, along with an aoalysis of potential noise impacCs related to ti~e facility, staff believes that these issues have been adequaCely addressed and is supporCive of Yhis request. 5ite Layout and Operation Modifications: The applicant has worked with staff on several modifications to the site layout which would reduce impacts to adjacent properties. As described previously, truck parking would be relocated to various locations away from the homes south of tl~e site and the applicant proposes landscaping Chat exceeds the minimum Code requirements. These changes would address several of the impacts that could occur from the operation of a tr~cking yard and termioal with anto and truok overhauling and repair facilities; a use that is cunently permitted under Conditional Use Permit No. 1052. Conditional Use Permit No. 1052 would be terminaCed as a condition of approval. Noise: A noise study was conducted by LSA Associates in March 2008 and was reviewed by the City's environmental cansulYant. The result of the study was that noise emanadng from the batch plant was within [he [hresholds established by Code, which is 60 decibels measured over two minuYe inCervals. Further, Che combined noise from the batch plant a~d Che adjacent streets and freeway were within acceptable levels. However, various single noise events, such as air brakes releasing, a cement tmck driving by and hammering caused short bursts of noise in the 75 to 80 decibel range. With implementatio~ of the proposed site layout and operationai modifications, the potential for noise impacts, including sporadic single noise events, would be reduced. Dust and Air Quality: The C~ty has no Code provision regulating air qoality. Air quality standards are regulated by the South Coast Air Quality Management District ("AQMD"). AQMD has inspected the projeet site and equipment and has issued appropriate permits, which must be renewed annually. The applicant has ohtained permits for the following: • Concrete batching system • Cement receiving and storage system • CemenUfly ash receiving and storage system • Air pollution control system o Cement receiving, storage and conveying system Hours of Operation. Accozding to the applicant, it is construcCion indvskry practice to deliver ready mixed concrete Yo the construction sites by 6:00 a.m. For this reason, Che applicant requests that the Ciry allow business operaCions ro begiu as early as 5 a.m. 3n order to address noise associated with diesel truck stazt up and idling, the business wi]] implement a staogered sCart up and loading schedule, such that each truck driver will start bis engine ~o earlier cha~ 5 CONDTTIONAL USE PERMIT NO. 2007-05236 Ocrober27,2008 Page 4 of 4 minutes prior to loading, thereby reducing the sound of numerous trucks idling at one time. Once loaded, trucks would leave the site to deliver the mixed concrete. Staff has included a condition of approva] requir9ng implementaCion of a staggered start up and loading scbedule. Correspondence: The applicant submitted five letters and declarations of support for the project. Three of the letters were from homeowners and residents of two propeRies on Hazelwood Street, which are residences directly adjacent to tbe subject praperty. A letter was also provided by the principal of BeCSy Ross School iodicating Chat they have not had any problems with Pacific Ready Mix. Finally, a letter of s~gport was provided by a neighboring business owner. Staff received phone calls from three nearby residents who had received mail notices from AQMD in July 2008. These residents were opposed to the request and staff informed them that they would be sent notices of this Planning Commission meeting once scheduled. After mailin; the noCices, staff followed up with a phone call to each of the residents, explaining the various site improvements proposed by the applicant and two of the residents were satisfied with the proposed changes. The third xesident is opposed to the batch plant because he believes that his propeRy valne will be affected, is concerned for the adjacent school and believes that Che applicant operates during the middle of the night. This project opponenk expressed his intention to atte~d the public hearing. CONCLUSION: Staff is supportive of this request to permit a concrete batch plant based on the significant improvements to the site layout and operaCions of the faciliry proposed by the applicanC which address staff concerns regarding the compatibility of the use in proximity to residential, school and park uses. Therefore, staff recommends approval of the project. Respectfully submiCted, ~~~ ~~~ Principal Planner Attachments: 1. Project Summary 2. Draft Resolution 3. LeCter of Opezation Concurred by, ~~~~r~'~~~'`~ ~%J ~ ITi!l~~'~~ ~,~'' Planning Services ManagBr The following attachments were provided to the Planning Commission and are available for public review at the Plan~ing Services Division at City Hall. a. Letters of Support, submitted by the applicant 5. Noise Study 6. Exhil~its (Existing Site Plan, Proposed SiCe Plan) 7. Site Photograpbs ATTACHMENT I+IO.1 PROJECT SUMMARY CONDITIONAL USE PERM~T NO. 2007-05236 Develo ment Standard pro osed Project I Zone Standards " Site Area 2 acres N/A Parking 29 s aces l3 s aces Landscaping 17 feet adjacent to residential zone boundary 28 trees 10 feet adjacent to residential zone boundary 18 trees [DRA~'T] A~TAC~IMENT NO. 2 RESOLUTION NO. PC2008-*x* A RESOLUTIQN OF THE ANAHEIM PLANNING COMMISSION APPROVING A NEGATIVE DECLARATION AND APPROVING CONDITIONAL USE FERMIT NO. 2007-05236 (500 SOUTH WALNUT STREET) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit Yo permit an existing concrete batching plant with o~atdoor truck pazkin~, repair, storage and staging activities on certaiu real property situated in the City of Anaheim, County of Orange, State of Califomia, shown on Exhibit "A", attached hereto and incorporated herein by this reference. WHEREAS, the property proposed for the concrete batching plant is c~ne~tly developed witb an unpermitCed concrete batching plant with outdoor Cruck pazking, repair, storage and staging activiCies located in the Indastrial zone and the Anaheim General Plan desiguates Chis praperty for Industrial land uses; and WHEREAS, the Planning Comrtussion did hold a public hearing at the Civic CenCer in the City of Anaheim on Octaber 27, 2008, at 230 p.m., noCice of said publie heariog having been duly given as required by law and in aceordance wiCh the provisions of the A~aheim Municipal Code, Chapter 18:60, to heaz and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in iCS behalf, and after due consideration of all evidence and reporCS offered at said hearing, does find and deCermine Yhe following facts: 1. That a concrete batching plant and outdoor truck parking, repair, storage and staging activities in the Industrial (~ zone is properly one for which a conditional use permit is authorized by Anaheim Municigal Code Section 1810.030.040 (Industry-General and Outdoor Storage Yards). 2. That tt~e concrete batching plant would not adversely affect the adjoining residential, school and park land uses and the growth and developme~t of Che azea in which it is proposed to be located because access to the site would be limited to Manchester Avenue and substantial site improvements are proposed to provide a visual and souad buffer between the subject and adjacent progerties. 3. That the size and shape of the site for the concrete batching plant is adequate to allow the full develo~ment of the proposed use 9n a manner not detrimeotal to the particular area nor to the health, safety and general welfare of the public because there is adequate site area to accommodate the relocation of outdoor activities, relocate the access driveway and provide substantial landscape buffec -1- PC2008-'r.x ~ 4. That the CrafSc generaYed by the concrete batching plant would not impose an undue burden upon the streeks and highways designed and improved to carry the traffic in the , area because the number oP cars and tmcks e~tering and exiting the site are coosisCe~t wiCh a typical industrial business that would be permitted as a matter of right within the Industrial zone. 5. That x*~ indicated their presence at said public hearing in opposition; and that *:r* correspondence was received in oppos3Tion to the subject peCition. NOW TI-IEREFORE BE IT R~SOLVEA that the Anaheim Planning Commission has reviewed the proposal and does hereby find that a Negative Declaration is adequate to serve as che required eovironmental documentation iu con~ection with this req~est. BE IT FURTHER RESOLVED that the Anaheim Planning Commission, for the reasons hereinabove stated, does hereby approve Conditional Use Permit No. 2007-05236 subject to the following conditions of approval described in Exhibit "B" attached hereto and incorporated by this refereoce whicb 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 Citize~s of the City of A~aheim. BE IT FUR7'HER RESOLVED that this permit is approved without limitations on the duration of the use. Ameodments, modifications and revocations of CYais permit may be processed in accordance with Cliapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (City-Initiated Revocation or ModificaCion of PemilCS) of Che Anaheim Municapal 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 co~rt of compeCent jurisdic[ion, t4e~ tfiis Resolution, and any approvals hereio contained, shall be deemed null and void. BE IT FU~ZTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of Chis 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. Failare to pay all ekarges sl~all result in delays in the issuance of required permits or the revocation of the approval of this applicatioo. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeCing of October 27, 2008. Said resol~tion is subject to tYie 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.- PC2.0~8-k:k k 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 October 27, 2008, by the following vote of the members thereoP: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISStONERS: IN WITNESS WHEREOF, I fiave hereunto set my hand this day of October, 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2008-*xx EXHIBIT "A" CONDITIONAL USE PERMIT NO. 2007-05236 _ SANTq qNq sTp~~_ ~ Z~ ~-p~ v ~~ \ ~ ~ ti~ v ~, s~~,~ ~, ~L ~~~ ~ ~~ ~ ~ F ~ W HAZELWOOD ST W ~ H ~ H ~ Z J Q ~ ELDERWOOD AVE ~ ~ ~ ~ Source~ Ferortled Trect Maps antl/or Ciry GIS Please note the aca2cy is ~/- ~wo lo fve feel -4- '~ao EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2007-05236 RESPONSIBLE FOR NO. CONDITZONS OF APPROVAL MONITORING T'XM71UG :`WZTHZNSIXTY` 6ltj`DAYS.~'ROMT`FF~,:I)~E:QF 2'HZS'1TESO~TITION. :;; ; , . 1 That the applicant shall constr~ct an eight foot high, decorative masonry Planning wall along the south property line. If the $uilding Division determines that the existing ~vall is stmcturally capable of accommodating the weight of additional courses of block, the applicant may increase the height of the existing wall to eight feet. Such exCension must be of similaz material, color and texture as the exisiing wall. 2 That two rows of 24-inch box sized Canotwood trees, or similar species, Planning shall be planted along the souYb property line as shown on Exhibit No. 1. ~ ! All landscape areas shall be irrigated. 3 That a Crash eoclosure shall be constructed per E~ibiC No. 1. The owner Public Works shall obtain the appropriate permits for said enclosure. 4 That the applicant shal] submit street improvement plans and obtain a Right Public Works of Way Construction Permit from the Public Works Department, Development Services Division, for: • Removal and reconstruction of the pedestrian ramp at the southeast comer of Che intersection of Walnut Street and Santa Ana Street such that an accessible ramp is reconsCructed e~tirely within the City right-of-way per Engineering Standard Detail ll 1-3.- • Construction of an accessible pedestrian ramp at the southwest corner of the intersection of Santa Ana Street and Manchester Avenue to be constructed entirely within the City right-of-way per Engineering Standard DeCail 111-3. • Removal and relocation of Che mosC southerly driveway approach along Manchester Ave~ue per Engineering Standard Detail ll 5-B. • Removal of the driveway approach along Santa Ana Street to be replaced with corb and gutter per Engiueering Standard Detail i 20. • Improvement of the right-of-way along Manchester Avenue to include a parkway and sidewalk adjace~t to the existing curb to the satisPaction of the City Engineer. -5- RESPONSIBLE ' FOR. ._ NO. CONDITIONS OF APPROVAL MONTTORING 5 That the applacant shall submiC to Yhe Pablic Works Department, Publie Works 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, ma~cimizing pertneability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporates the applicable Rouune 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. o Identifies the entity that will be responsible for long-term operation and mainteuance of the Treatment Control BMPs. and • Describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. 6 That the applicant shall submit to the Public Works Department, Public Works Development Services Division, for review and approval a grading plan Chat addresses surface run-off. The grading plan shall be consistent with the Right of Way Construction Permit required by Condition No. 4. The applicanC shall prepaze and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy af the cune~t SWPPP shall be kept at the project site. 7 That the property owner shall submit a letter requesting termination of Planning Conditional Use Permit No. 1052 to the Planning Department, Planning Services Division. TIM7IVG : `.Vt'lTflINSIX(6),MONTH5`FRdM,TH'EZ1AT~;OF:Z'HISRESOL~~IO N , 8 That subject property shall be developed substantially in accordance with Planning , plans and specifications submitted to the City oP Anaheim by the petitioner and which plaps are on file wiYh Che Planning Department marked Exhibit No. 1, and as conditioned herein. -6- RESPOIVSIBLE FOR __ NO. CONDTTIONS OF APPROVAL MONITORING 9 That the applicant shall obtai~ final grade certification aod: Publie Works • Demanstrate thaY all struotural 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 no~- structural BMPs described in the Project WQMP • Demonstrate that an adequate number of copies of the approved Project WQMP are availab3e onsite. • Submit for review and approval by tt~e City an Operation and Maintenance Plan for all structural BMPs. o Comply wiCh operation and mainYenance requirements for the Treatment Control BMPs 10 That the ri~ht-of-way improvements, identified in Condition No. 4, shall Public Works be completed, with the exception of the following: • Improvement of the right-of-way along Manchester Ave~ue to include a parkway and sidewalk adjacent to the existing curb ta the saCisfaction of Che City Engineer. TIMIIVG ."WITfIfN,ONE(l).YEciRFR(JIVITHE:DATE°QF;..THX~''&ESf:iZCITIl1N .' ;'.. ll That, as required i~ CondiTion No. 4, improvemenC of the right-of-way Public Works along Manck~ester Avenue to lnclude a parkway and sidewalk adjacenC Yo ' the exisCing curb to the satisfaction of the City Engineer shall be completed. GENEIt~tL `~~;..~ . , ; : - ~. ..~ : ~ 12 Thai the hours of operation for concrete batching and outdoor activities Planning shall be limited to 5 a.m. to 7 p.m. OfSce and administrative activities conducted indoors are not subject to the limitation on the hours of Code operation. Enforcement 13 Tbat parking along the south property ]ine shall be limited to employee Planning parking and that commercial trucks shall not be permitted to park in this Code area. Enforcement -8- ~sPONSrBLE FOR NO. ' CONDITIONS OF APPROVAL MOIVITORING 14 That the business owner shall implement a staggered laading and tmck Planning ! start up schedule as descrabed in tk~e submitted letter of operations. As stipulated by the applicant, diesel trucks will not start up more than five Code minutes prior to scheduled loading time. Enforcement 15 That all Cmcks must be parked and stored in designated truck parking Planning spaces and that no more than 27 trucks shall occupy the subject property since 27 truck parking spaees will be provided. This includes concrete Code delivery [rucks and hrucks nsed for delivery of raw materials. Enforcement 16 That a gate shall be provided at khe drlveway entrance on Manchester Planning Avenue and said gate shall be closed during the hours of 7 p.m. to 5 a.m ' Code Enforcement 17 That no vehicular access shall be kaken from Wa1nuC SCreeC or Santa Ana Public Works ' Street. 18 The Ciming for compliance with condiCio~s of approval may be amended Planning by the Planning Director upon a showing of good cause provided (i) equivalent Ciming is established that satisfies the original inkenC and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 19 That approval of this application constitutes approval of the proposed Planning request only to khe extent ChaC it complies with Cbe 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- 06/26;2007 15:14 19~9729B018 FELDSOTT LEE Feldsott ~Sc Lee A I.AW CORP4tiA7!ON 231b1 M!u Ce~eic De~v~, ~=.GUNA HtLiS, CA 9. {4441 124-SOU2 (9d91:29-e0i2 =nx W`Jiiv.LA40 : W7I.t',OM Gregory S. Lerv. Esq. Writers email; Glewr CaHoal.a~v.Com VLA FIAIVD DELItiERY Ms. Elaine Thienprasiddhi City of Anflheim Planning pepartment 200 S. Anaheim Blvd.. #1 fi2 Anaheim, Galifornia 92805 June 26, 2007 ~2e: Applicatio~nForConditionalUsel Pacific Ready Aiix, Inc., ongoing Subject Property: 500 S. Walnut St., pear Ms. Thienprasiddhi: As you know, this ~rm serves as counsel to Pacific above-referenced matter. Pursuant to your direction, and t) client's pre-filing submission, the following shall serve as n with the subject application for a conditional use permit: I. GENERAL OPERA'I'IONS 30U V1ix, client's Day to dayoperations consist ofthe delivery of necess~ry raw m and cement. Such materials are then toaded into mixir~g tru ~ ks by an Water is added, and the mixin~ trucks su6sequently depart f~ir off-site Day to day operations may also include related truck parkin 4 and nec~ PA6E 02/~3 ATTACHMENT NO. 3 12707 H:cn 6tur ~~:s~, S~rcr~ 26J Snra ThesO, Cn ?213C (SSB~ 755~3?A 1 For 92802 ., in connectron with the ~vided in response to my of operations submitted s, including rock, sand, : concrete batch plant. ry tn various }ob sites. repairs. 6~6I26l2007 15:14 19497298016 FELDSOTT LEE PAGE 03/~3 City of Anaheim June 26, 2007 Page -2- I1. Day to day hpurs o£operation are from 5:00 a.m., tn 7:D0 p,r, of 15 employees. Peak times of truck activity vary depe ding on th generally from approximately 6:00 a.m., to approximatel 9:00 a.m. raw materials, and the loading of mixing trucks prior to t eir departi IiL VOLUNIE pF TRUCXf 'A'RA.FFIC The maximum number of trucks coming to an from the approximately 95 trucks on a very high volume day. The average m ~rom the subject property, however, on a day to day basi is approxi IV. The ra~v materials storage areas set Fozth on the ~ have the following capacities: A. Approximately 26i1 tons of 3/8 inch rock; 13. Approximately 100 tuns oF i inch rock; a C. Approximately 500 tons oFsand. Very truly FET.D507 $y: , daily, and each shift consists number a£deliveries, but are and consist of the delivery af e for off-site deliveries, ;rty may be as high as of trucks coming to and ~ 40. the within application GSL/kc I,E'I'TEI2 OF OPE TI 1~S ( AT'E OCTO~E 16, 200~) - r~'TTAC EI~TT 1~0. 3 THIS DOCUMENT REI'LACES THE LETTER OF OPERATIOI~TS (I~ATED JUNE 26, 2008) ORIGINALLY ATTACHED TO THE STAFF REPORT RECEN D A T E COMMISSION MEETING OF ~L v~ IN CONNECTION WITH IT;E~ta4.N0. / '1/~i Grace N cdina, Seniar Secrclary 0 ~ "~6'~' S ~ QC12408 ` n ! ~ ~ R L~Et'a1~G` .,i t j~ AEpphTk~Nt~. ~ ~ ~~5 0 ~ Q ~;w~~ . . ... . . . . ~ . ~`..~..~^1 . / f949)729-8002 (949)~729-8012 Fax~ ~~~ - WWW.CAHOALAW.COM ~ ~~ ~ ~. . ~eldsott •& •I:ee.e ; , ,,; ,,,. . ~ A LAW CORPORATION ' LJI411YIIµliR C VtIIL~C JVLLGJ.V - ~ ~~ f~'f !I t~ T~IZ • f~t5~. . , .. ~~.~~ ~ ` • V'.:t .~. . . ,.~ .;, LAGUNA I~ILtS, CA`qL~S3. . .... . . . . ..... ... . . : . . ... . . . ~Z~OJ HIGH BLUFF DRIVE, S~ITE ?OD SAN ~IEGO, Ca 92130 .. . ~ (858j 755-3741 Gregory S. Le}v, Esq. , Writers email: Glew(~CaHoaLaw.Com Oc±nber 1~,?008 VI,~ ~,`.g. NIAIL Ivls. Elaine Thienprasiddhi City of Anaheim Planning Department 200 S. r~iaheim Blvd., Suite162 Anal~eiin, Califernia 92805 KE: . `., : < Subjsct P~t~perty: SQO S.~ Walnud 5t., ~~aP~ceir~, California 92$02 Dear Ms. '1'hienprasiddhi: Pursu~uit to your request, the following sl~all serve as my clieni's letter oPoperations submiited in connection with the subject application for a cunditinnal use perrnit and justilicatian for fihe issuance of ~uch ~;err.~it: I. GGNERAL, ~YEI2ATION5: Day to da}~ operations consist of the delivery of necessary raw materials, including rock, sand, and rement. Sucli materials are tl~en loaded into mixing Yrucks by an ou-siiz conerete batch Plant. Water is added, ~n~i tl~e niiking trucl.s suUseqnentl}• ilepa~l foz oft=site cleliverq to carious jub sites. I)ay fi day opei~~tions may alsn ir~chide related iruck p~~3king ~ind n~ ccss~ry repairs, a~xl re.lated cf'fice ancl ac~n~uristrative functions. II. 336I1RS £?F O€'~IYA7'I~l'~!d'1!7~I~ ~'12~CI6 ,~~Y'3V~`3''i;: Day tp day hours o'f operation are 'tiom ~tO~J a.m., to 7:00 p.m., d.ail,y, anci et~ch shift e;onsists of approxim~teiy 15 ~mp3oyaes. Peak titnes ~i' truck activity vary riepending on Che m~rnber of deliveries, but are oenerally 1i•om appror.imatelp 6:00 a.m., to arproximately 9:U0 a:m., and consist City of Anaheim October 16, 2008 Page -2- of the delivery of raw materials, and the loading of mixing trucks ~rior to their departure for off-site deliveries. III. VOLUME OF TRUCK TRAFFIC: The maacimum number of trucks coming to and from the property may be as high as approximately 95 trucks on a very l~igh volume day. The average munber of trucks coming to aud from the subject property, however, on a day to day basis is approximately 40. N. CAPACITY OF RAW MATERIALS STORAGE AREAS: " The raw materials storage azeas set forth on the plans accompanying the within application have the following capacities: i. Appro;cin~ately 260 tons of 3/8 inch rock; ii. Approximately lOD tons of 1 inch rock; and iii. Apprc>ximately 500 tons ofsand. Furfher pursuant to our telephone discussion of October I5, 2008, the followii~g shall clarify my client's pendii~g and planned undertalcings regazding the justification for the requested conditional use pennit and the conditions of approval provided on September 23, 2008, as follows: A. MASONRY WALL: P.a~;.~iF:, P.:ea~u. a+7~x, ?r.~;., I~as hac? the exi~tine.w;~U.falcing s~?uih propertv line and adjacent to Hazelwood Street) inspected by an appropriate contractor. VJhile a cornprehensive investigation has not as yet been commissioned, it appeazs that it may be possible to have the existing wail extended by an additional two (2) feet to comply with the pertinent condition. To the extent that such an undertaking is viable, and a properly engineered and permittedextension ofthe existing wall can be accomplished, my elient wishes to conFirm that this would be an acceptable solution as opposed to a requirement tliat the existing wall be demolished and a new eight (8) foot masonry wall constructed in its place. B. HOURS OF OPERATION: Pursuant to our prior discussions, and meeting of September 17, ?~J08, the proposed operating hours o f 7:00 a.m., to 7:00 p.m., cannat feasibly tae adhered to by Pacific Ready Mix. It is industry custom and prackice thai the loads of ready mixed concrete provided by PacificReady Mix, Inc., be delivered City of Anaheim October 16, 2008 Page -3- to various remote sites by 6:00 a.m. As sucli, loading operations have customarily and must necessarily begin at 5>00 a.m. This has been the case at the site for the past in excess of three (3) years. In order to buffer operational noise and further insulate the snrrounding properiy owners from day to day operations, however, Pacific Ready Mix, Inc., has completed and/or will be engaging in the following ineasures: itemoval of Certain Existing Stnictures: Pacific Ready Mix, Inc., has removed/demolished certain stnictures previously located along the property line adjacent to Walnut Street pursuant to the recommendations of the Building Division of the City ofAnaheim. This will allow for the relocation of substantial truck pazking from the south wall acljacent to Hazelwood Street to the property line adjacent to Walnut S#reet, thereby f'urther removing truck parking and operational noise from the south property line adjacenf to Hazelwood Street and the neighborin~ residences. <'f; 3. Implement~Yion of Sta~gered Loadin~ Schedule and Sta~-t Up Restrictions: -1- '~ '~~: It will be il~e cusiom and practice af Pacific Ready Mix, Inc.; to provide each clriver with a staggered, ~~" scUeduled loading t.inie. Drivers engaging in loading opecations will be instiucted to initiate pre- ''~'." loading operatio~zs (truck starf up) no sooner than five (5) minutes before their scheduled loading ' time. This should substantially decrease the potential nunber of tn!cks operating at one time, ` thereby signific~itly reducing overall noise generation. The five (5) minute minimum sTut up tirne is necessary to ensure proper cliarging and subsequent operation of tlie tnicks bralcing s}~stems. Drivewav Relocatian: Purruant ±.:o .the r~vise~;=propnsed sit~ glaiL the relacatioa of t;~e existixig driveway away from the suuth wall adjac~nt to'Hazelwood Street will move truck hafFic and operational noise further from the soutl~ Property line adjacent to Hazelwood Street and the neighboring residences. 4. Tmnrovement to Masonry Wall and Addition of Adjacent Landscapina: It is dx~ticipated that the improvemenY of the exis#ing wall along the south property tine adjacent to Fiazelwood Street (addressed in section A., entitled MASONRY WALL, hereinabove), and addition of adjacent trees and landscaping will £~irther insulate and reduce sound transmission into the adjacent residenYial properties. On a£nal note, Pacific Ready Mix, Ine., will continue tp implement its policy resiricting truck trafFic to Mancl~ester Avenue only. Based on our prior discussion, and the foreg~ing measures; it is my clients understanding that the previously provided condition pertaining to operating hours sl~all be revised ko auih~rize gencral City af Anaheim October 16, 2008 Page -4- hours of operation from 5:00 a.m., through 7:00 p.m, with anyoperations beyond 7:00 p.m., being limited to off ce and/ar administrative operaYions. Based on onr prior discussion it is my client's fiirther understanding that the condition pertaining to the expanded scope of required improvements adjacent to Mancliester Avenue will not include any repairs or alterations to the existing curbs or gutfers, and that in light of the required expanded scope of work, necessary construction would be acceptable if completed withi~ one yeaz of the issuance of any conditional use pennit herein, as opposed to flie initially provSded six month time-frame. The within materiais are submltYed withouf prejudice Yo my client's existing rights herein, and as pari of its good Faitli attempt to e~aust all available administrative remedies pertaining to the oontinued operatic~n of its esistinb business at Uie subjectproperty, andpending application for Conditional Use Permit ~ 2007-05236. NotwithsCanding the submission of the within materials, all additional administrafive anil non-administrative rights and remedies are hereby expressly reserved by Pacific Ready Mix, Inc. ~'~ - Tl~ank you for yeur c,ourtesy and cuoperatron, anct.please do not l~esitate fo contaet ine sliould you have ii~nher ~3uestions or requirz any aclditianal infonnation. Very truly yours, FGLDSO'I"C & LEL ~ -_---_.~ ay'---~`' f r~ --~--- GI2EG(~EV/ GGL,~~c October 27, 2008 Subject Property Conditional Use Permit No. 2871 Tracking No. CUP 2008-05352 2323 West B W CRESLENTAVE ~ ¢ ~ 0 W.L ~NLOLNAVE ~ ~M1'-LINCOLNqVE W. LINCOLN AVE W BflO AOWAV ~ ~ ,~I < I ' y ' g J ~ ~ ~ ~ m i $ I ~ ~ ~ ~ 1063 a so ~ao Aerial Photo: k~c Julv 2006 Item No. 3 ` ~ ~ ~~ ~ ~ ~ '~ ~ RM-2 i BCC) ~ ~ ~ ~ I TOWNHOMES ~ I ~ C-G ~ 76 DU i ... ..._... SHOPPING CENTER I ~ ~ I T I I j ~ VICTORIA TO W NHOUSE ' I ~ I ~ APARTMENTS ~ _ _ _ 264 DU ~ CANOPYLN ~ ' - - - rT-r r-r-~T ~ ~ . . West Anahelm Commercial Corridors ~ ~~ (Redevelopment Area) ~~ w Z ¢ RS-2 ~ 1 DU EACH 0 z g TRANSIT AVENUE _ c~n , T ! ~~ W U ~ T-CUP 2008-05952 RM-4 ~ ~ W CUP 2007-D5231 THE GRAND RESORT ~~ ~ ~n ~~. T-CUP 2005-05047 RS-2 ~ ~ p '~: T-CUP 2004-04872 APARTMENTS . . 1 DU EACH ~ ~ CUP 2871 768 DU ~~. VAR 2277 ~ - ~ MIS OCUP 9'19 MALL AVE (CUP 223) . CORNELIA CONNELLY ~ HIGH SCHOOL 1 DU EACH ~ ~ 454' ~ •~..~•*~..~..v..~..~..~..~..v..~ • , ~. '4 B60' BRQADWAY _ F ~ Z : . ~ ~ Q ~ ~ V ~ . ~ ~ ~ W f~ ~i ~ 1 DU EACH ~ R3_z ~ Z .. : p ~ 1 DU EACH O W ~ U K K $6~ ~ ~••~ / a so ~oo ~ Feet October 27 LOOU W CRESCENiqVE -~- ~ ~ Subject Property 0 W.L INCOLNAVE ~ W,~INLOLNAVE o ~M1'-LIrvCOLNAVE ~ ~ Conditional Use Permit No. 2871 waRO WOwq, ~_ ~-~ j Tracking No. CUP 2008-05352 ' s I ~ ~~r , ~ o z ~ ~ ~ N m , ~ ~ ~ ,, 2323 West Broadway ~oss~ ITEM NO. 3 PLANNING COMMISSION AGENDA,.__ 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5138 Fax: (714) 765-5260 www.anaheim.net City of Anaheim PLANNING DEPARTMENT AATE: OCTOBER 27, 2008 FROM: PLANIVING SERVICES 1VIANAGER KIM WONG, PROJECT PLANNER SUBJECT: CONDITIONAL USE PERMIT NO. 2871 (TRACHING NO. CUP 2008-U5352) LOCATION: 2323 West Broadway APPLICANT/PROPERTY OWNER: The applicant is Joseph DeLuca of PDC Facilities and the property owner is Cornelia Connelly School. REOLJEST: The applicant requests approval to modify plans for a previously- approved school gymnasium and art complex to add classrooms and construct the building in two phases. RECONIlVIENDATION: Staff recommends the Planning Commission adopt the attached resolution, determining that the previously-approved Negative Declaration serve as the appropriate environmenta] doc~mentation and approving an amendment to Conditional Use Permit No. 2871. BACKGZ20UNA: The property is developed with Cornelia Connelly School and is located within the Transition (T) zo~e. The General Plan designaYes this properCy for School uses. Properties to the north are designated for Low-Medium Density Residentialland uses, properties to the easc for Medium Density Residential land uses, and property to Che south and west for Low De~sity Residential land uses. On September 20, 2004, the Planning Commission approved Conditional Use Permit No. 2871 {Trackina No. CUP2004-04872) for the constructaon of a 19,65~ sqaue foot gymnasium and art complex at the northeast corner of the property. The approval also included the demolition of the 8,906 square foot convent where the new building would be located. The convent has been demolished and building permits for the gymnasiam and art complex were issued in February 2007. On August 6, 2007, the Planning Cominission approved Conditional Use Permit No. 2007-05231 to allow placement of two modular units as temporary classrooms during the construction of the gymnasium and art complex. The modular units are required to be removed within 60 days of final occupancy of the gymnasium. CONDITIONAL USE PGRMIT NO. 2871 Octabe~ 27, 2008 Page 2 of 3 PROPOSAL: The applicant proposes to add 2,413 square feet of classroom area to the previously-approved gymnasium and azt complex. In addition, the applicant proposes to construct the new buildin~ in two phases. The first phase would include the consCruction'of 11,324 square feet for the art studio, proposed classrooms, lockers, res[rooms and fitness traiuing room. The saeond ghase would include 11,151 square feet for the basketball/volleyball court and equipment storage areas. ANALYSIS: Following is staff's analysis and recommendations on the project. Proposed Classrooms: The applicant proposes to constmct an additional 2,413 square feet of classroom area as a part of Che new gymnasium and art building. No change to the approved cap of 320 students and 40 teachers aod adminisCrators is proposed under Yhis project. Therefore, vehicular traffic and parking demand would not change. The new classrooms would create addiCiona] space for existing academic courses tliat are currently being conducted an tUe library. The classroom addition is integrated with Che previously-approved gymnasium and art complex at the rear of the property and is archiCecmrally compatible with the previonsly-approved building. Construction Phasing; The school proposes to construct the building in two phases. The cunent entitlement requires the building to be constructed in a single phase. The schoo] has secured enough funds for the construction of a portion of the building and hopes to secure addirional funds during construction of the first phase. Building in Cwo phases would allow the school to continue fundraising while also addressing their cunent expansio~ needs. Completion of Che entire building is anticipated by Summer 2010. CONCLUSION: Staff has evaluaCed the applicant's zequest to add classmoms and to construct the gymnasium aod art complex in two phases. School enrollment will not be increased; therefore, vehicular traffic and parking demands would not change. The construction of the building in two phases would not have a negaCive impact on the surrouuding community. Therefore, staff recommends approval of this request. Respectfully submitted, ~"~~~~.~V Prinaipal Pla~ner Concurred by, ~ ~ ~ ~ ~VV ~ ~~/` '(~5~~~~('~!.~ Planning Services Manager CONDITIONAL USE PERMIT NO. 2871 Ocrober 27, 2008 Page 3 of 3 Attachments• 1. ProjeaY Summary 3. Draft Conditional Use PermiC Resolution 3. Previous Resalution (Resolution No. PC2004-i06, dated September 20, 2004) 4. Letter of Request The following attachments were provided to the Planning Commission and are available for public review at the Planning Services Division at City Hall. 5. Previous Staff Report (September 20, 2004) 6. PC Minutes (September 20, 2004) 7. Exhibits (Site Plan, Landscape Plan, Floor Plan - Phase 1& 2, Elevation Plans) 8. Site Photographs 9. Previously-approved SiCe Plan (Referepce Only) ATTACHMEI+IT NO.1 PROJECT SjJMMARY CONDITIONAL USE PERMIT NO. 2871 < Develo ment Standard !Pro osed Pro'ect ' T Zone Standards Site Area 6.5 acres N/A Parking 168 spaces 977 spaces Building Setbacks adjacent to: Broadway 435 feet 25 feet Side (East Property Line) 26 feet 10 feet Side (yVest Property Line) 275 feet 1~ feet Rear 26 feet 25 feet Building Hei ht ~ 30 feet 75 feet PARKING SUMiVIARY Parkin Re uired Use Size Ratio ( er 1,000 s.f.) Re uired Classrooms 21,344a` 1 space per non-office 40 employee (40 teachers) and 1 s ace/6 smdents 533 Administrative 9,808 s.f. 4:0 39.2 Offices Auditodum 9,480 29 274.9 Gymnasium 19,650 29 570 Total 977 *includes [wo modular units and new classrooms with Ybe gymnasium [I9I2AFT] ATTAC~IlVIENT NO. 2 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT A PREVIOUSLY-APPROVED CEQA NEGATIVE DECLARATION IS THE APPROPRIATE ENVIl20NMENTAL DOCUMENTATION AND APFROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2871 AND RESOLUTION NO. 87R-48, AS PREVIOUSLY AMENDED. (2323 WEST BROADWAY) WHEREAS, on 7anuary 5, 1987, the AQaheim City Planning Commission, by its Resolution No. PC87-O5, did approve Conditional Use Permit No. 2871 for an expansion to an existing private educational institatio~; and WHEREAS, on September 2Q 2004, the Anaheim City Planning Commission, by its Resolution No. PC2004-106, did approve an amendment to Conditional Use Permit No. 2871 (Tracking No. CUP2004-04872) for the construction pf a gymnasium in conjunction with the existing school; and WHEREAS, the project is developed wiCh a private educa6onal institution, and is located in the TransiCion (T) zone; thai the Anaheim General Plan designates this property for School uses; and WHEREAS, the Anabeim Planning Commission did receive a verified PetiCion for certain real property i~ the City of Anaheim, County of Orange, State of Califomia, shown on Exhibit A, attached hereto and incorporated herein by this reference for an amendme~f to previoasly-approved Conditional Use Permit No. 2871 to modify the approved plans to add approximately 2,413 square feet of classroom area to the previously-approved gymnasium and art cpmplex a~d to construct the buildang in two phases; aad WHEREAS, Che Planning Commission did hold a public bearing at Che Civic Center in the City of Anaheim on October 27, 2008, at 2:30 p.m., notice of said public hearing having been duly given as required by law aod in accordance with the provisions of che Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed amendment to the conditiona] use pern~it and to iovestigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and swdy made by itself and in its bel~alf, and after due consideration of all evidence and reports oFfered at said hearing, does find and determine the following facts: l. That an amendment to the conditional use permit to modify plans to increase Che gym~asium and art complex witt~ an additiona12,413 sqaare feeC of classroom area and to construct the building in two phases is permitted ander authority of Code Section 18.60.190; 3. ThaC an amendmeut to the conditional use permiC will not adversely affect the adjoining land uses or the growth and development of the area because the additional classrooms are consistent with the school use on the property; - ? - pC2~~8-:k#:F 3. That the size and shape of the site for the school, 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 the classroom addition would be at the rear of the building, not adjacent to the residential land uses and the school does not propose to increase enrollment or the faculty and therefore, would not create additional vehicular traffic and parking demand; 4. That granting of the amendment to the cooditional use perrruC under the conditions imposed will not be detrimental to the healrh and safety of tfie citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area because the requested modificatioos wo~ld allow activiYies that are consistent with the existi~g scbool use; 5. That the amendment will not caase fewer off-street parking spaces to be provided for the school since student enroliment and faculty would not be increased and therefore, parking demand would not change; and 6. That *** indicated their presence at said public hearing in opposition; and that r:r.x conespondence was received in opposition to the subject petition. NOW THEREFORE BE IT RESOLOVED thaC 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. 2871 is adequate to serve as the req~ired environmeotal documentation in connection with this request. NOW THEREFORE BE IT RESOLVED that the Anaheirn Planning Commission fpr the reasons hereinabove stated does hereby approve the proposed amendment to Conditional Use Permit No. 2871 as requested by the applicant. BE PI' FURTHER RESOLVED that Cbe Aoaheim Planning Commission for the reasons hereinabove stated does hereby amend, in their entirety, the conditions of approval adopted in connection with Planning Commission Resolution No. 87R-48, as previously amended, and as adopted in connection with Conditional Use Permit No. 2871, as 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 permiC is approved withouC limiCaCions 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 (Amendmant to Permit Approva]) and 18.60.200 (City-Initiated RevocaCion or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED tt~at the Anaheim Planning Commission does hereby find and determine that adopCian of this Resolntio~ is expressly predicated upon applicant's compliance with each and all of the conditions bereinabove set forth. Shonld any such condition, or any part 11~ereof, be declazed invalid oz nne~forceable by the final judgment of the court of - 2, - PC2,~~8-k:kk competent jurisdiction, then this Resolutian, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that Che property ownedapplicant is responsible for paying all charges relaCed to the processiog of this discretionary case application withiu 15 days of tt~e issuance of the final invoice, prior to the issuance of building permits or commencement of ac6vity for this project, whichever occars first. Failore to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 27, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedares" 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 SECRETARX, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM j 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 October 27, 2008, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: AB3ENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of October. 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 3 - PC2008-'r.s: r EXHIBIT "A" CONDITIONAL USE PERMIT NO. 2871 BROAQWAY ,....n~ ~ mc~~Y ~ ioeeo~oe~v~~aom~..m ' . t 7 Source: Recorded Tract Maps and,br Ciry GIS. Please nole ~he accu2cy is *l- M1vo to fve feet. - ~ - PC~Q~B-k:I:A: EXHIBIT "B" CONDITIONAL USE PERNIIT NO. 2871 Responsible for No. Conditions of Approval Monitoring PRI(llt T'l 1:ISSUAiVCE`.OF'A GRA177~1?G PERMZT ; . '` :; 1 That prior to the issuance of grading permit, the applicant shall submit to the Poblic Public VJorks Works DepaRment Development Services Division for review and approval a Water Quality Management Plan that: o Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious azeas, ma~cimizing permeabzfity, 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 $MPs. + IdenCifies tt~e entiYy that will be responsibie for loog-term operation and maintenance of the Treatment Control BMPs, and describes the mechanism for funding the long-term operation and maintenance of the Treatrnent Control BMPs. PRIOR TO ISSUANCE O~' BUILDING PERMIT 2 That the gymnasium and art complex may be constructed in two phases and Planning separate building permits must be issued for each phase. Tbe building permits for the second phase shall be issued within two (2) years from the date of approval. 3 That 24-inch box sized broad-headed evergreen trees spaced 20 feet on center Planning shall be planted within the side and rear setback ueas adjacent Yo the proposed '; gymnasium to include 10 trees along the north property line and 11 trees along the east property line. Said information shall be specifically shown on plans submitted for building permits. 4 That the existing block wall along the east property line be increased to a height Planning of six (6) feet as required by code. Said information shall be specifically shown o~ plans submitted for building permits. - 5 - PC2008-*:"'* Responsible for No. Conditions of Approval Monitorang 5 That the property owner shall install and maintain decorative wrought iron gates Planning between Che proposed gymnasium and the north aod east property lines to secure ' the rear and side yard areas adjacent to the new building. Said information shall be specifically shown on plans submitted for building permits. 6 That the setback areas along the north and east property lines shall be equipped Police with lighting to the satisfaction of the Police Aepartment. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the windows of nearby residences. Said informataon shall be specifically sho~v~ on plans sabmitted for b~ilding permits. 7 That all plumbing downspouts, ladders and/or otber similar pipes and fixtures Planning located on the exterior of the b~ilding shall be integrated into the architecture of tbe buildiag. Said informaCion shall be specifically shown on the plans submitted for building permits. 8 That if required to serve the building, the legal awner of subject properCy shall Public Utilities ' provide the City of Anaheim with a public utilities easement across tbe property to be deternuned as electrical design is completed. 9 ' ThaC any req~ired zelpcation of CiYy electrical facilities shall be at the developer's P~blic Utilities expense. Landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be shown on plans submitted for building pernuts. Flanning 10 That the legal property owner sha11 submit an applicakioo for a Subdivision Map Public Works Act Certificate of Compliance to the Public Works Department, Developmenk Services Division for the parcel on which the proposed building is located. A ' Certiflcate of Compliance oz Conditional Certificate of Compliance shall be approved by the City Engineer and recorded in the Office of the Orange County Recorder prior to issuance of a building permit. 11 ?'hat four (4) foot high street address n~mbers shail be displayed on the raoP of Planning the building in a color that contrasts with the roof material. Tbe nombers shall not be visible to the adjacent streets or properties. Said information shall be Police specifically shown on the pla~s submitted for building pernuts. 12 That all backflow equipment shall be located above ground and outside the streeY Public Utilities setback area in a manoer fully screeoed from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to cunent standards. Any other large water system equipment shall be installed to the satisfaction o£ the Water Engineering Division in either underground vaults or outside the street setback area in a manner fully screened from all public streets. Said information shall be s ecifically shown on lans submitted to the Water Engineering and - 6 - PC2008-x:r.x Responsible for No. Conditions of Approval Monitoring Cross Connection Control Inspector for review and approval. 13 That all requests for new water services or fire lines, as well as any modifications, Public Utilities relocations, or abandonment of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities DepartmenT. 14 That because this project has a landscap9ng area exceeding 2,500 square feet, a Pablic Utilities separate imgation meter shall be installed in compliance with Chapter 10.19 (Landscape Water Efficiency) of Anaheim Municipal Code and Ordinance No. 5349 regarding water conservation. Said information shall be specifically shown on the plans submitted for building permits. 15 That all existing water services and fire lines shall conform to cuzrent V/ater ' Public Utilities Service Standards Specifications. Any water service or fire line that does not ' meet cunent 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 cost to upgrade or to abandon any water service or fire line. 16 ~ That prior to issuance of a certificate of occupancy, the applicant shall: ~ Public Works o Demonstrate that all structural BMPs described in the Project WQMP have been consttvcted and installed in conformance with approved plans and specifications. • Demo~strate that the applicant is prepazed to implement all non-structural BMPs described in the Project WQMP o Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. • Submit for review and approval by the CiYy an Operation and Ma~ntanance Plan for all structural BMPs. 17 ~ That tY~e hours of operaCion of the £acility shall be limiYed from 7 am to 11 pm. I Code Enforcement 18 That the enrollment of Che school shal] be a maximum of 320 students a~d staff ( Code shall consist of a maximum of 40 teachers and adminisCcators. EnforcemenY - 7 - PC2008-'k*:r Responsible for No. Conditions of Approval Monitoring 19 That the gymnasium sball not be used concurrently with the existing auditorium Code for special events or assembly uses (with the exception of the art room for regular Enforcement class schedales). 20 That the property shall be permanently maintained in an orderly fashion by Code providing regular landscape maintenance, removal of trash or debris, and removal Enforcement of graffiti within twenty-four (24) hours from time of occunence. 2l That any tree planted on-site shall be replaced in a timely manner in the event that Code it is removed, damaged, diseased and/or dead. Enforcement 22 That doors facing the residential area to the north and east shall remain clased at Code all times but unlocked for emergency access. EnforcemenC 23 The only church activities that shall occur on the propeRy are those that are Code accessory to the private high school. Enforcement 24 That approval of this application constitutes approval of the proposed request Planning only to tbe exteot that it complles with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not inclode any acCion or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. - 8 - PC2008-*** ATTACHMENT NO. 3 RESOLUTION NO. PC2004-106 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONA~ USE PERMIT NO. 2871 BE GRANTED (2323 WEST BROADWAY) WHEREAS, on January 5, 1987, Resolution No. PC87-O5 was adopted by the Anaheim City Planning Commission to approve Conditional Use Permit No. 2871 for an expansion to an existing private educational institution; and WHEREAS, the petitioner has requested to amend previously-approved exhibits to construct a gymnasium in conjunction with the existing school. WHEREAS, the Anaheim City Planning Commission did receive a verified Petitio~ for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of Califomia, described as: ALL THAT CERTAIN LAND SITUATED IN SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH IIEN OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, S.B.B. & M. NORTH 88° 15" EAST 865.95 FEET FROM THE SOIJTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER AND RUNNING THENCE NORTH 0° 21' 00" WEST 666.49 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER; THENCE NORTH 88° 58' 07" WEST 230.60 FEET FROM THE NORTHEAST QUARTER; THENCE SOUTH 0° 18' 10" EAST 666.50 FEET A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER WHICH SAID POINT IS SOUTH 88° 58' 15" WEST 1548.50 FEET FROM THE SOUTHEAST CORNER OF THE NORTH HALF OF SAID NORTHEAST QUARTER; THENCE SOUTH 88° 58' 15" WEST 225.Y5 FEET TO THE POINT OF BEGINNING. ALL THAT CERTAIN LAND SITUATED IN SECTION 18, TOWNSHIP 4 SOUTH RANGE 10 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51 PAGES 10 OF MISCE~LANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, S.B.B & M. NORTH 88° 58' 15" EAST 1091.10 FEET FROM THE SOUTHWEST QUARTER OF SAID NORTHEAST QUARTER AND RUNNING THENCE NORTH 0° 18' 10" WEST 666.50 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER; THENCE NORTH 88° 58' 07" EAST 230.60 FEET TO THE NORTHEAST CORNER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER; THENCE SOUTH 0° 08' 25" EAST 666.51 FEET TO THE SOUTHEAST CORNER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER; THENCE SOUTH 88° 58' 15" WEST 228.70 FEET TO THE POINT OF BEGINNING. Cr\PC2004-106 -1- PC2p04-106 (TRACK/NG NO. CUP2004-04872) WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 9, 2004 at 130 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 18.66.040.030, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the August 23 and September 20, 2004 Planning Commission meetings; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and i~ its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.14.030.040.0402, to construct a new gymnasium in conjunction with an existing private educational institution with waiver of the following: SECTION NO. 18.40:040.040 Mazimum structural heiqht adiacent to a residential zone boundarv 12.5 feet permitted; 13=30 feet proposed) 2. That there are special circumstances applicable to the property such as size, shape, topography, location or surroundings, which do not apply to other identicafly zoned properties in the vicinity, as a survey of the site indicated that along the easterly property line adjacent to existing multiple family dwellings, the new structure would be immediately adjacent to an approximately thirty (30) foot wide driveway, Additionally, the nearest building on the adjacent property has no windows facing the school property. Because the property is adjacent to residential on both the north and east property lines, an undue burden is created as a result of the size of the property relative TO the existing site configuration; and 3. That strict application of the Zoning Code deprives the property of privileges enjoyed by other properties in identical zoning classification in the vicinity in that staff surveyed nearby properties comparable in size and identified the Ralph's Shopping Center at the southeast corner of Lincoln Avenue and Gilbert Street has a structure similar in height and mass to the proposed gymnasium approximately forty feet from the adjacent residential zone boundary. There is an existing garage/storage structure adjacent to both the north and east property lines, and an existing carport approximately four (4) feet from the east property line. Both of these structures exceed the height limit and are situated much closer to the property line than the proposed location of the new gymnasium. The new building would be only thirteen feet in height at its closest point along the north elevation, and then increase to thirty feet in height at a distance of thirry-eight feet from the property line. Along the easterly property line adjacent to existing multiple family dwellings, the new structure would be immediately adjacent to an approximately thirty (30) foot wide driveway; and 4. That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code; and 5. That the proposed use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located as the new building would be only thirteen feet in height at its closest point along the north elevation, and then increase to thirty feet in height at a distance of thirty-eight feet from the property line. Along the easterly properry line adjacent to existing multiple family dwellings, the new structure would be immediately adjacent to an approximately thirty (30) foot wide driveway; and 6. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety; -2- PC2004-106 7. That the tra~c 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 as the proposed gymnasium is accessory to the school facilities and would not be utilized concurrently with other assembly facilities on site; and 8. That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. 9. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subJect petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to construct a new gymnasium in conjunction with an existing private educational i~stitution with waiver of maximum structural height adjacent to a residential zone boundary; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby amend in its entirety, the conditions contained in Resolution No. PC87-05 to read as follows: 1. That the hours of operation of the facility shall be limited from 7 am to 11 pm. 2. That the enrollme~t of the school shall be a maximum of 320 s[udents and staff shall consist of a maximum of 40 teachers and administrators. 3. That the gymnasium shall not be used concurrently with the existing auditorium for special events or assembly uses (with the exception of the art room for regular class schedules). 4. That 24-inch box sized broad-headed evergreen trees spaced 20 feet on center shall be planted within the side and rear setback areas adjacent to the proposed gymnasium to include 10 trees along the north properry line a~d 11 trees along the east property line. Said information shall be specifically shown on plans submitted for building permits. 5. That the existing block wall along the east property li~e be increased to a height of six (6) feet as required by code. Said information shall be specifically shown on plans submitted for building permits. 6. That the property owner shall install and maintain decorative wrought iron gates between the proposed gymnasium and the north and east property lines to secure the rear and side yard areas adjacent to the new building. Said information shall be specifically shown on plans submitted for building permits. 7. That the setback areas along the north and east property lines shall be equipped with lighting to the satisfaction of the Police Department. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the windows of nearby residences. Said information shall be specifically shown on plans submitted for building permits. 8. That all plumbing downspouts, ladders and/or other similar pipes and fixtures located on the exterior of the building shall be integrated into the architecture of the building. Said information shall be specifically shown on the plans submitted for building permits. -3- PC2004-106 9. That the i~stallatio~ of streetlights as determined by the Public Utilities Department, Electrical Engineering Division or a bond in lieu of such work shall be posted prior to occupancy. _ 10. That if required to serve the building, the legal owner of subject property shall provide the City of Anaheim with a public utilities easement across the property to be determined as electrical design is completed. 11. That any required relocation of City electrical facilities shall 6e at the developers expense. Landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be shown on plans submitted for building permits. 12. That the legal property owner shall submit an application for a Subdivision Map Act Certificate of Compliance to the Public Works Department, Development Services Division for the parcel o~ which the proposed building is located. A Certificate of Compliance or Conditional Certificate of Compliance shall be approved by the City Engineer and recorded in the Office of the Orange County Recorder prior to issuance of a building permit. 13. That prior to the issuance of 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. e Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. o 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 operetion and maintenance of the Treatment Control BMPs. 14. 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. 15. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurre~ce. 16. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/ordead. 17. That plans shall be submitted to the Ciry Treffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 436 and 470 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed a~d maintained in conformance with said plans. 18. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Divisio~ and in accordance with approved plans on file with -4- PC2004-106 said Department. Said storage areas shall be designed, located and screened so as not to be readily identifable from adjacent streets or highways. Said information shall be specifically shown on the plans submitted for building permits. 19. 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. 20. That the location of the trash enclosure shall be reviewed and approved by the Public Works Department, Streets and Sanitation Division, for safety and the on-site trash truck turnaround. 21. That four (4) foot high street address numbers shall be displayed on the roof of the building in a color that contrasts with the roof materiaL The numbers shall not be visible to the adjacent streets or properties. Said information shall be specifically shown on the plans submitted for building permits. 22. That all backflow equipment shall be located above ground and outside the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside the street setback area in a manner fully screened from all public streets. Said information shall be specifically shown on plans submitted to the Water Engineering and Cross Connection Control Inspector for review and approval. 23. That all requests for new water services or fire lines, as well as any modifications, relocations, or abando~ment of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities Department. 24. That because this project has a landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19 (Landscape Water Efficiency) of Anaheim Municipal Code and Ordinance No. 5349 regarding water conservation. Said information shall be specifically shown on the pla~s submitted for building permits. 25. That all existing water services and fire lines shall conform to current Water Service Standards Specifications. Any water service or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existi~g service is no longer needed. The owner/developer shall be responsible for the cost to upgrade or to abandon any water service or fire line. 26. That the subject property shall be developed substantially in accorda~ce with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1, 2, 3, 4, and 5, and as conditioned herein. 27. That doors facing the residential area to the north and east shall remain closed at all times but unlocked for emergency access. 28. The only church activities that shall occur on the property are those that are accessory to the private high school.. 29. That the applicant shall pay a sewer impact mitigation fee for the combined West Anaheim area. The fee is currently $52/$1,000 square feet of gross floor area. 30. That prior to issuance of a building permit for the first tenant space or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 4, 5, 6, 7, 8, 10, 11, 12, 13, 17, 18, 19, 20, 21, 22, 24 and 29, above-mentioned, shall be complied with. Extensions far further time to complete said conditions may be granted in accordance with Chapter 18:60 of the Anaheim Municipal Code. -5- PC2004-106 31. That prior to final building and zoning inspections, Condition Nos. 9, 14 and 26, above-mentioned, shall be complied with. 32. 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 City Planning Commission does hereby find and determine that adoption of this Resolutio~ is expressly predicated upon applicanYs 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 20, 2004. 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 Ciry Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM CITY PLANNWG COMMISSION ATf EST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE pF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Pat Chandler, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planni~g Gommission held on September 20, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELI, ROMERO, VANDERBILT-LINARES VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereuntp set my hand this day of , 2004. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -6- PC2004-106 Accredited: September 26, 2008 WASC WCEA CAIS Kimberly Wong City of Anaheim 200 S. Anaheim Blvd., 2"d Floor AnaMeim, CA 92805 Re: Request to Amend Conclitional Use Permit Cornelia Connelly Scliool 2323 W. Broadway Anaheim, CA 92804 714-776-1717 Dear Ms. Wong: We are requesting to amend Conditional Use Pennit No. 2004-04872 ko allow the construction of the new Gymnasium and Art Complea to be completed i~~ two (2) pliases and to add three (3) additional classrooms #o the original foot print of the project. Building the Art Complex and additional classrooms in Phase 1 ~vill allow us to secure needed funding from donations and fund raiser to build the Gymnasium during Phase 2, and provide more space for our existing academic classes, and allow us to expand our curriculum. We are currently conducting classes in the Library and two (2) temporary modular buildings, and tl~e additional classrooms would allow the Library to be returned to its normal function. This request will be not increase in the current staffing oP40 teacliers or current enrollment of 320 students with the addition of tl~e three (3) new classrooms. - Due to the pl~asing of Yhis Gymi~asium and ArC Complex we anticipate tl~at total completion of Project will extend our construction timeline from 1 year to 2 years. Tl~e goal of Co~nelia Connelly School is to have the total project completed by Summer of 2010. We thank you in advance for your lielp with tliis matter. Please ]et me know if you need any additional infqrmation. Sincerely, ~ ~'~~--~'u„~(~~,~~ Sr. Francine Guntl~er, SHC7 Head of School 2323 West Broatlway ^ Anaheim, CA 92804 + 714.776.7717 • Fax 714J76.2534 + www.connellyhs.org October 27, 2008 Subject Property Reclassification No. 2008-00215 Variance No. 2008-OA~749 Tentative Parcel Map No. 2006-229 7260 East Canyon Rim Road ~os221 ~ So 10~ ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE. Aerial Photo: rcec .lulv 700fi _~. ~ ~~ z OPEN SPACE October 27, 2008 Subject Property Reclassification No. 2008-00215 Variance No. 2008-04749 Tentative Parcel Map No. 2006-229 7260 East Canyon Rim Raad i ~+, N-~'~_M A~ D 10622 I o~et ioo ~ ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE. ITEM NO. 4 PLANNING COMMISSION AGENDA REPO~tT City of Anaheim PLANIVING DEPARTMENT DATE: OCTOBER 27, 2008 FI20M: PLANNING SERVICES MANAGER KIM WONG, PROJECT PLANNER SUBJECT: RECLASSIFICATION NO. 2008-00215, VARIANCE NO. 2008-04749, AND TENTATIVE PARCEL MAP NO. 2006-229 LOCATION: 7260 Canyon Rim Road APPLICANT/PROPERTY OWNER: The applicant is Halladay & Mim Mack Inc. and the property owner is Amanik ine. REQUEST: The applicant requests approval of a tentative parcel map to establish a three lot, three uniY single-family residenYial subdivision. The projecC requires the reclassificatiou of ihe property &om the Traosikion (T) zone to the Single-family Residential (RS-3) zone and a rvaiver to permiC pazcels with lot depths less than 120 feet adjacent to an arterial highway. A waiver to permit parcels with vehicular access from an arterial highway was adverCised but has been withdrawn because the proposed parcels will have vehicular access from a proposed private street. RECOMMENDATION: Staff recommends that the Commission adopt the attached resolutions approving a Negative Declaration and Reclassification No. 2008-00215> Variance No. 2008-0749, and Tentative Parcel Map No. 2006-229. BACKGROUND: This request was continued from the October 13, 2008, Planning Commission meeting in order to advertise the waiver pertaining to required lot depth. This property is vacant and is locaCed in the Transition (T) zone, Scenic Corridor (SC) Overlay. The Anaheim General Plan designates this properCy and properCies to the east and sovth across the reservoir for Low Medium Hillside Residential land uses. Properties to the north across Canyon Rim Road are designated for Low Density Residential land uses. The property to the west is designated for Open Space. The Walnut Canyon Reservoir is south of the property. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 FBx: (714) 765-5280 www.anaheim.ne[ RECLASSIFICATION NO. 3008-Op215 October 27, 2008 Page 2 of 3 PROPOSAL: The applicant proposes to establish a three Ipt, three unit single-family subdivision. The proposed lots would range in size from 8,7i2 to 11,761 sguare feet. The residences would share access from a private street off of Canyon Rim Road. Please refer to The Project 3ummary chart attached to Yhe staff report for project details The applicant requests a zone change from the Transition (T) zone to the Single-family Residential (RS-3) zone in order to implement the projecC. A waiver is requested ko permii lot depths adjace~t to an azterial highway that are less than required by Code. ANALYSIS: The project has been evaluated against applicable development standards and is in compliance with the excepCion of minim~m lot depCh. Following is staff's analysis and recommendations on the reg~ested project. Reclassification: The applicant req~ests that the property be rezoned from the T(SC) zo~e to the RS-3 (SC) zone. Tt~e requesCed rezoning would be compatible with the General Plan designaCion of Low-Medium Hillside ResidenYial. Tbe RS-3 zone is the appropriate implemenCation zone for the type of development proposed. Tentative Parcel Map: The requested subdivision would provide for a three unit residential development served by a private sueet off of Canyon Rim Road. The private street design has been approved by the City Engineer and provides the required trash truck and t3re turnaround access. No parking would be permit~ed on the proposed privaCe streeC due to the size of the street. For inforrna6ooal purposes, conceptnal building footprinYS have been provided indicating the potential development location of future residencial units. The conceptual residences are in compliance with structural setback and lot coverage requirements. Minimum Lot Depth: The proposed lot sizes and dimensions meet code requirements with the exception of the minimum lot depth adjacent to an arCerial highway. Code requires Chat siugle- family residential lots adjacent to arteria] highways have a minimum depth of 120 feeC and not take vehicular access from an arterial highway. The parcels would take access from a proposed private street, however, the minimum ]ot depth ranges from 5 to 120 Peet as measured from Canyon Rim Road, and as further described in Table 1. Table ] Parcei Required Lot Depth Adjacent ` to an Arterial Highway Proposed Lot Depth Lot i 120 feet 5- 92 feet Lot 2 120 feet 93 - 1 ZO feeC Lot 3 120 Peet 100 - 120 feet The property is unique in size and shape in comparison to sunounding lots. Given the nanow shape of the parcel, compliance with the 120 foot ]ot depth adjacent to Canyon Rim Road would nok allow division of the properCy. Skaff is supportive of the waiver since the lot depth is an existing condition of the property. RECLASSIFICATION NO. 2008-00215 October37,2008 Page 3 of 3 Grading and Retaining Walls: Due to the steep topography of the property, the applicant has "' provided conceptual grading plans that include retaining walls to stabili2e graded slopes and prevent erosion. The retaining walls wauld be stair-stepped with a masimum height of six PeeY. TTie walls wo~ld include landscapiug and irrigation at each level to break up the mass of the walls. This application was deemed complete prior to the City's Zoning Code Amendment pertaining to retaining wall design standards. The proposed walls are in compliance with the prior Code requirements. The conceptual gading and retaining wall plans have been reviewed by the Public Works Department for conformance with city standards. CONCLUSION: Staff recommends approval of this project because it furthers the goals of the General Plan by implementing the Low-Medium Hillside Residential land use designation. The project is an appropriate use for the ]ot and is suitable development for the residential neighborhood. Respectfully submitted, Concuned by, ~ ^. • -t~~2~',~--~-5~'`' ~~~ ~~~~~ l~~ f1 rr~ >~r~~ Priocipal Planner Planning Services Manager Attachments• 1. ProjecC Summary 2. Draft Resolution - Reclassification 3. Draft Resolution - Variance 4. Draft Resolution - Tentative Parcel Map The following attachments were provided to the Planning Commission and are available for public review at the Planning Services Division at City Hall. 5. Existing SiYe Photographs 6. Plans (Site Plan, Landscape Plan, Floor Plans, Building Sections, Grading Plan, Tentative Parcal Map, Elevation Plans) ATTAC~IMENT NO. 1 PROJECT SUMMARY ` Develo `ment Standard Pro osed Pro"ect RS-3 Standards ; Site Area N/A Geueral Plan Density 6.5 du/acre ma~cimnm Minimum I,ot Area Lot 1 11,761 square feet 5,000 sqaare feet Lot 2 9,148 square feet Lot 3 $,712 s uare feet Minimum L.ot Width Lot 1 66 feet 50 feet LoC 2 131 feet Lot 3 105 feet Minimum L.ot DepCh adjacent to an arterial highway Lot 1 5- 19 feet 120 Feet LoC 2 92 -120 feet LoY 3 100 -120 feet [DRAFT] A'TTACHMENT NO. 2 RESOLUTION NO. PC2008-**~ A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CEQA NEGATIVE DECLARATION AND APPROViNG RECLASSIFICATION NO. 2008-00215 (7260 CANYON R1M ROAD) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Reclassification from the T(SC) (Transition - Scenic Comdor Overlay) zone to the R3-3 (SC) (Single-Family Residential - Scenic Comdor Overlay) zone for certain real property situated at 7260 Canyon Rim Road in the City of Anaheim, County of Orange, State of Califomia, as more particularly described in Exhibit "A" attached hereto and incorporated k~erein by this reference. WHEREAS, the propeRy is vacant and is located in the T(SC) (Transition - Scenic Corridor Overlayj zone; that the Anaheim General Plan desianates this property for Low- Medium Hillside Residential land uses; and WHEREAS, the Planning Commission did hold a pablic hearing at the Civic Center in the Ciry of Anaheim on October 13, 2008 at 2:30 p.m., notice of said publ~c hearing having been duly given as required by law and in accordance with the provisions of the A~aheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and agaiost said proposed reclassification and to investigate and make tlndings and recommendatians in con~ection therewith; and that said public hearing was continued to October 27, 2008; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideratian of all evidence and reports offered at said hearing, does find and determine the following facts: l. That the applicant proposes ceclassification of sobject properCy from the T(SC) (Transition - Scenic Corridor Overlay) zone to the RS-3 (SC) (Single-Family Residential - Scenic Corridor Overlay) zone. 2. That the proposed RS-3 (3C) zone would be eonsistent with the existing Low- Medium Hillside Residential Density land use designation of the General Plan. 3. That the proposed reclassification of subject property is necessary and/or desirable for the orderly and proper development of the community. 4. That the proposed reclassification of subject property does properly relate to the zones and their permitCed uses locally established in close proximity to subject property and to the zones and their permitted nses generally established throughout the community. 5. That *'k'r persons indicated their presence at said public hearing in opposition; and thac'r** eorrespondence was received in opposition to subject petition. -1- PC2008-~"~`* NOW 'I'IIEREFORE BE IT RESOLVED that the Anaheim Planning Commission does hereby f7z~d that a Negative Declaration is adequate to serve as the required environmenCal.. _._. documentation in connection wiCh this reqaest. BE IT FURTHEiZ RESOLVED that the Anak~eim Planning Commission does hereby approve Petition for Reclassification to authorize an amendme~t to the Zoning Map~of khe Anaheim Municipal Code to exclude the above-described property from the T(SC) (Transition - Scenic Corridor Overlay) Zone and to incorporate said described property into the RS-3 (SC) (Single-Family Residential - Scenic Comdor Overlay) Zone 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 Cl~e health, safety and general welfare of the citizens of Che City of Anaheim. BE IT FURTHER ItESOLVED, that this resolution shall noC constitaYe a rezoning of, or a commitment by the City to rezone, the subject property; any such rezoning shall require an ordanance of the City Council, which shall be a legislative act, wbich may be approved or denied by the CiCy Council at its sole discretion. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine ehat adoption of this Resol~tion is expressly predicated upon applicant's cpmpliance wieh each and al] of the conditions hereinabove set fortb. Should any such condition, or any part thereof, be declared invalid or unenforceable by the ffnal judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE I3' FURTHER I2ESOLVED Y6at Yhe applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in delays in the issuance of reguired perntits or the revocation of the approval of this application. THE F012EGOING RE30LU'I'10N was adopted ~at the Planning Commission meeting of October 27, 2008. Said resolution is sob}ect to the appeal provisions set forth in ChapCer 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedares and may be replaced by a City Couneil Resolution in the event of an appeal. CHAIl2MAN, ANAHEiM PLANNING COMM3SSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -2- PC2008-'ra°r STATE OF CAL~'ORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior 3ecretary of the Anaheim Planniog Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planuing Commission held on OcCOber 27, 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 October, 2008. SENIOR SECRETARY, ANAHEIIvI PLANNING COMMISSION -3- PC2008-*** EXHIBI'~' "A" RECLA SSIFICATION NO. 2008-00215 -4- PC2008-**'" EXHIBIT "B" IiECLASSIFICATION NO. 2008-00215 No. Conditions of Approval Responsible for Monitorin TIMING: PRIOR TO INTRODUCTION'OF ORDINANCE' 1 That prior to in[roduction of an ordinance rezoning subject property, a Planning preliminary title report shall be furnished to the Planning Services Division showing the legal vesting of title, a legal description and containing a map of t6e property. GENERAL 2 That approval of this application constitutes approval of the proposed Planning request only to tbe exte~t that it complies witfi the Anaheim Municipal Zoning Code and any other applicable City, SCaYe and Federal regulaCions. Approval does oot include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulaCion or requirement. -5- PC2008- k:r:i: [DRAFT] RESOLUTION NO. PC2008-`~** AT'I'AC~-IN~ENT NO. 3 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CEQA NEGATNE DECLARATION ANA APPROVING VARIANCE NO. 2008-04749 (7260 CANYON RIM ROAD) WHEREAS, tBe Anaheim Planoing Commission did receive a verified PetiYion for a Variance to parmit pazcels having lot depths less than 120 feet adjacent to an arterial highway, for certain real property situated in the City of Anaheim, Counry of Orange, State of Califomia, as more particularly described in Exhibit "A" attacbed hereTO and incorporated herein by this reference. WHEREAS, the praperty is cunently vacant and is located in the T(SC) (Transition - Scenic Corridor Overlay) zone; and the Anaheim General Plan designates this property for Low-Medium Hillside Residential land uses; and WHEI2EA3, the applicant requesYS approval of a waiver of minimum loC depth adjacent to au arterial highway to establish a three lot single-faruily detached residential subdivision; and WHEREAS, the Planning Commission did hold a public heariog at the Civic Center in the City of Anaheim on October 13, 2008 at 2.30 p.m. notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewiCh; and said p~blic hearing was continued to October 27, 200$; 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 deterrnine the following facts: 1. That the peYitioner requesCs waiver of the following ta establish a 3-lot siugle- family detached residential subdivision: (a) SECTION NO. 18.04.060.020 Minimum Lot DepTh Adjacent to an Arterial High~va~(5 - 120 foot Ipt depth proposed; 120-footlot depth required). 2. That special circumstances apply to the subject property because of the unique shape of this property in comparJson with surrouodio~ lots would limit the ability to subdivide the property; therefore, there are special circumstances that apply to the subject property due to the irregular shape of the property as compared to other properties in the neighborhood. -1- PC2008-*'r. r 3. That strict applicaCion of the Zoning Code would deprive the property of privileges enjoyed by other properties with identical zoning in the vicinity and will provide the ,_ . opportunity for developmeut of this parcel and implementaCion of the General Plan land use designatio~. ~~ ~ 4. That ~"*`k indicated Cheir presence at said public hearing in opposiTion; and that x:r.:r. correspondence was received in opposition to the subject request. NOW Tf~REFORE BE IT RESOLVED that the Anaheim Planning Commission has reviewed Che proposal and does hereby find tt~aC a Negative Declaration in connection with Variance No. 2008-04749 is adequate to serve as the required environmental documentation in connection with this request. BE IT FURTHER RESOLVED that the Anaheim Planning Commission for reasons hereinabove stated does hereby approve the proposed waiver of the minimum lot depth adjacent to an arterial highway as requested by the applicant. BE IT F[JR'I'HER RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does approve Variance No. 2008-04749 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated herein by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order Co preserve the safety and general welfare of the Citize~s of the City of Anaheim. BE IT FURTI-IER RESOLVED that the Anaheim Planning Cortunissioo does I~ereby find and determine that adoplion of Chis Resolution is expressly predicated upon applicanYs compliance with eacb and all of the conditioos hereioabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of compeYent jurisdiction, then Chis Resolation, and any approvals herein contained, shall be deemed null and void. BE IT F`{JRTHER RESOLVED, thaY the applicant is responsible for paying all charges related to the processing of this discretionary case applicaYion within 15 days of the issuance of the final invoice. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 27, 2008. Said resoluCion is subject to the appea] provisions set forCh in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal proeedures and may be replaced by a Ciry Counoil Resolution 1n the event of an appeal. CHAII2MAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COIVIIVIISSION -2- PC2008-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commissian, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on October 27, 2008 by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WIT'NESS WHEREOF, I have hereunto set my hand this day of October, 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2008-:~:** EXHIBIT "A" VARIANCE NO. 2008-04749 -4- PC2008-x x:k EXHIBIT "B" VARIANCE NO. 2008-04749 Responsible No. Conditions of Approval for Monitorin TIMING: GENERAL ' 1 The subject property shall be developed subsCantially in Planoiug aecorda~ce with plans and specifications submitted to the Ciry of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 6, and as conditioned herein. 2 That prior to issuance of a building permit, or within a period Planning of one (] ) year from the date of this resolution, whichever occurs first, Condition No. 1, above-mentioned, shall be complied wiYh. Extensions for furCher time to complete said wnditions may be granted in accordance with Code Section No. 1$.03.090 of the Anaheim Municipal Code. 3 Approval of this variance is granted subjecC Co the approval of Planning Reclassification No. 3008-00218 and Tentative Parcel Map No. 2006-229. 4 Approval of this application constiCUCes approval of the Planning proposed req~est anly to Ct~e extenC tl~at it complies with the Anaheim Municipal Zoning Code and any other applicable City, SCate, and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, reg~lation or requirement. -5- PC2008-*;"'a: [Dg2AFT] ATTAC~IMEIVT NO. 4 RESOLUTION NO. PC2008-'k'"-* A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CEQA NEGATNE DECLARATION AND APPROVING TENTATNE PARCEL MAP NO. 2006-~29 (7260 CANYON RIM ROAD) WHEREAS, Yhe Anaheim Plaoning Commission did receive a verified ~etition for Tentat9ve Parcel Map No. 2006-229 to establish a 3-lot, 3-unit deCached single fam3ly residential subdivision for certain real property situated at 7260 Canyon Rim Road in the City of Anaheim, County of Orange, State of Califomia, as more parkicularly described in Exhibit "A" attached hereto and incorporated herein by this reference. WHEREAS, the property is currenCly vacant and is located in the T(SC) (Transition - Scenic Corridor Overlay) zone; that the Anaheim General Plan designates this propeRy for Low-Medium Hillside Residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 13, 2008 at 3:30 p.m., notice of said public hearing having been d~ly given as required by law and in accordance wiCh Che provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed Centative parcel map and to investigate and make fiodings and recommendations in connection therewith; and said public hearing was continued to October 27. 2008; and WHEREAS, said Commissian, afrer due inspection, investigation and study made by itself and in iCS behatf, and after due consideratioo of all evidence and reports offered at said hear9ng, does find and determine the following facts: 1. That the progosed tentative map, including its design and improvements, is consisteat with the proposed Anaheim General Plan. 2. That the s9te is physically suitable for the proposed development and the density proposed. 3. That the design of the subdivisioo or rhe proposed improvements will observe all existing easements for the use of, or access through the property. 4. That *** persons indicated their presence at said public hearing in oppositioo; and that **'" correspondence was received in opposition Co the subject petition. NOW THEREFORE BE 1T RESOLVED Chat Che Anaheim Planning Commission has reviewed the proposal and does hereby find Yhat the NegaCive Declaration in connection with Tentative Parcel Map No. 2006-229 is adequate to serve as the required environmental documentation in connection with this request. - 1 - PC2008 xxx BE IT FURTHER RESOLVED Chat the Anaheim Planning Commission for Che reasons hereinabove stated does hereby grant subject Petition for Tentative Parcel Map No. 2006-229 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated herein by reference which are hereby found to be a necessary prerequisite to the proposed use oY the subject property in order to preserve the safety and general welfare of the Citizens of Che City o~ Anaheim. " BE IT FURTHER RESOLVEA that the Anal~eim Planning Commission does hereby find and detemrine tbat adopYion of this ResolaYion is expressly predicated upon applicanYs 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 compeCem jurisdiction, then this Resolutio~, and any approvals herein coutained, shall be deemed null and void. BE IT F(JRTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of Yhe approval of Chis applicaCion. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 27, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions - GeneraP' of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on October 27, 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 October, 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 2 _ PC2008-'""`* EXFIIBIT "A" TENTATIVE PARCEL MAP NO. 2006-229 PC200&-**'" EXHIBIT "B" TENTATIVE PARCEL MAP NO. 2006-229 No. Conditions of Approval Responsible for Monitorin TIMING: PRIOR TO APPROVAL OF FINAL MAP 1 That the final map shall be submitted to and approved by the City Public Works - of Anat~eim and the Orange County Surveyor and then shall be Development recorded in the Office of the Orange County Recorder. Services 2 The legal property owner shall execute a Subdivision Agreement, Public Works - in a form approved by the City Attorney, to complete the required ' Development ' public improvements at Che legal property owner's expense. Said Services agreement shall be submitted to Che Public Works Departmenk, Development Services Division and approved by the City AtCOrney and City Engi~eer and then recorded concunently with ~ Yhe final map. 3 That the access drive, sanitary sewer and storm drain within the Public Works - development shall be privately maintained. Improvement plans Development for the private street, sanitary sewer, and private drainage system Services and the grading plan shal] be submiYCed to the Public Works Department, Development Services Division concurrently with the final map. 4 That a maintenance covenant, shall be submitted to the Public Public Works- Works Department, Development Services Division and approved Developme~T by the City Attomey's office. The covenant shall include provisions Services for mainte~ance of private facili6es and a maintenance exhibit. The covenant shall be recorded concurrently with the final map. 5 The developer shall submit a request for a street name for the Planning - private street. The street name must be approved by the Building Building Divisiou and placed on Yhe parcel map. Division b The fire lane (private street) shall be posted with "No Parking Any Public Works - Time" and that said ioformatioo shall be specifically shown on the Traffic private street plans and on plans submitted for building permits. Engineering GENERAL ', 7 That subjecC property shall be developed substantially i~ accordaoce Planning with plans and specifications submitted Co the City of Anaheim by the applicant and which plans are on file with the Plauning Departme~t marked Exhibit No. l and as conditioned herein. 4 PC2008- ~°r:r. 8 That approval of this parcel map is granted subject to the approval Planning of Reclassification No. 2008-00215 and Variance No. 2008- 04749. 9 'I'hat 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 a~d purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code aod (iii) ' the applicant has demonstrated significant progress towazd establishment of the use or approved development. 1~ That exCensions for fnrther time to complete conditions of Planning approval may be grantedin accordance with Section 18.60.170 of the Anaheim M~nicipal. 11 That approval of this application constitutes approval of the Planning proposed request only to the exteut thaY 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 ar requirement. PC2008-'r.:x:r October 27, 2008 Subject Property Tentative Parcel Map No. 2008-146 > ; , ~ o ~ < ~ 3 o a ~ m ~ s W F o w ~ o e.~ niE~uav _ • N ~ W KATE W~OflANGE LLqA ~-' ~~ < WOODAVE F 1600 South Disneyland Drive ~osso a ~oo zao Aerial Photo: Feet ~ JUIv 2006 SP939 W WMONN orsrvEv SP9]-1 DIS~EY PoRNNG SP92.1 ws~rs PPPPDISEP~RMOIEL -_ E6 ~,,, ~~ yanFicvur~¢~t ~ ,,.. ~~ l ~ r ~ n~.LL=w ~ ~ or. ; ~, , ~ Y Q > L J 7 ~ n Y ~ 9 Y Q _ a ~oo zoa ~ Fcet October 27, 2008 Subject Property Tentative Parcel Map No. 2008-146 s ; > ~ ~ o = m 3 3 ~ ~ ENFTEIIAAV . ..W I(A TELIAFVE r N ~ ~ ~ ~ 1 ~ ~ ~W ~O ~qNGE wOO~ AVE 1600 South Disneyland Drive 10630 ~ ITEM NO. 5 PLANNING COMMISSION AGENDA REPORT City of Anaheim PLANNING DEPARTMENT DATE: OCTOBE~2 27, 2008 FROM: PLANIVING SERVICES MANAGER DELLA HERRICK, PROJECT PLANNER SUBJECT: TENTATIVE PARCEL MAP NO. 2008-146 LOCATION: 1600 South Disneyland Drive. AFPLICANT/PROPERTY OWNER: The applicant is Matthew Kirk, IICE Consulting Engineers and the properry owner is Walt Disney World Company. ItEOLTEST: The applicant reqaests approval of a tentative pazcel map for condominium pvrposes in conjuncCiou with 71 vacation ownership units at the Grand Californian Hotel. RECOMIVIENDATION: Staff recommends that the Commission adopt the attached resolution approving a Categorical Exemption, Class 15 and approve Tentative Parcel Map No. 2008-146. BACKGROUND: This property is developed with the existing 745 room Grand Californian Hotel. An expansion of the hotel is cunently under construction to add an additional 274 rooms, including 203 hotel rooms and 71 vacation ownersbip un9ts, for a total of 1,019 ro~ms. The Disneylaud Resort Specific Plan permits a hotel in the Theme Park District to bave a maximum of 1,025 hotel rooms. The specific plan does not require a fina] site plan approval for hotel development. The specific plan also permits up to I50 of the total number of hoYel rooms wizhin the Theme Park and HoCel Aistrict to be vacation ownership units. Staff reviewed and approved [he current expansion which is anticipated to be completed at tbe end of 3009. The General Pla~ desig~ates this property and all sunounding properties for Commercial RecreaCion land uses. PROPOSAL: The applicant proposes a[entative parcel map for condominium purposes on a parcel encompassing the expansion area of the Grand Californian Hotel, to provide for the sales of vacation ownership units. 200 S. Anaheim Blvd. Suite k162 Anaheim, CA 92805 Tel: (714) 765-5139 :Fax: (714) 765-5280 www.anaheim.nei THNTATIVE PARCEL NIAP NO. 2008-746 Ocmber 27, 2008 Pa~e 2 of 2 _ ANALYSIS: The Disney Timeshare would operate seamlessly with che existing hotel. Patrons woald utilize the same facilities and amenities as hoCel guests. The ouly difference is Chatthe vacation ownership units are larger in size than the regular g~est rooms and some of tbe larger units conCain kitchen facilities. The proposed parcel map is necessary in order to allow a deeded real estate interest for the sale of t6e timeshare units to individual owners. The proposed map is in compliance with all specific plan requirements. CONCLUSION: SCaff recommends approval of the requesCed subdivision because the subdivision promotes the goals of the General Plan and Disneyland Resort Specific Plan to implement visitor-serving uses wi[hin The Anaheim Resort. Respectfully submitted, -(~~(, G;;~v ~ Principal Planner Attachments: 1. Draft Resolution Concu~n~ed~~~by, ~ ~~ Ui~U1ti~z_ ~~ -r~u~~-~n~.~~ Planning Services Manage The following attachment was provided Co Che Planning Commission and is available for public review at the Planning Services Division aC City Hall. 2. Tentative Parcel Map 3. Site plan and Floor plans 4. Descriptian of Disney Vacatioo Ownership Units [DRAFT] ATTAC~IMENT NO. 1 RESOLUTION NO. PC2008-*'k* A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CEQA CATEGORICAL EXEMPTION AND APPROVING TENTATIVE PARCEL MAP NO. 2008-146 (1600 SOUTH DISNEYLANA DRNE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Tentative Parcel Map No. 2008-146 to establish a map for condominium purposes for certain real property situated in the Disneyland Resort Specific Plan 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, the Anaheim Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on October 27, 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 Tentative Parcel Map No. 2008-146, 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 f3nd and determine the following facts: 1. That the proposed tentative parcel map, including its design and improvements, is consistent wiih the CiTy of Anaheim General Plan designation of Commercia] Recreation land use. 2. That the siCe is physically suitable for the proposed Cype of development at the proposed density and therefore would not cause public health or safety problems or environmental damage. 3. That che desig~ af the subdavision or the proposed improvements are not ]ikely to cause substantial environmental damage or substantialiy and avoidably injure fish or wildlife or their habitai. 4. That the design of the subdivision or t}~e type of improvements is noC likely to cause serious public health problems. 5. That the desagn of the sabdivision or the type of improvements ~vill 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 **'" correspondeuca was received in oppasition to the subject petitian. PC2008- r.:r. r NOW, THEREFORE, BE TT RESOLVED, the proposed project falls within the definition of Categorical Exemptions, Section 15315, Class 15 (Minor Land Divisions), as defined .- in the State CEQA Guidelines and is therefore, exempt from the requirement to prepaze additional environmental docume~tation BE I?' FIIRTHER RESOLVE.D tt~at the Anaheim Planning Coramission does hereby grant subject Petition far TenYative Parcel Map 2008-146 subject to the conditions of approval described in Exhibit "B" attached hereto and iacorporated 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 genera] 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 eompliance with each and all of the eonditions hereinabove set forth. Should any such condikion, or any part thereof, be declared invalid ar unenforceable by the final jud~ment of any court of competent jurisdiction, then this Resolation, and any approvals herein contained, shall be deemed null and void. BE IT FOR'T#IER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within i 5 days of the issua~ce of Che final iovoice or ptior to the approval of the final map for khis project, whichever occurs first. Failure to pay all charges shall result in delays in the approval of the final map or the revocatiQn of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Plan~i~g Commission meeting of October 27, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions - General" of Che Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a CiYy Council Resolution in the evant of ao appeal. CHAIRMAN, ANAHEIM PLANNING COMMI3SION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) -2- PC2008-*:~: r i, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that t}ie foregoing resolurio~ was passed and adopted at a meeting of tbe Anaheim Planni~g -.-- Commission held on October 27, 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 October, 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PCZD~g-k8:k EXHIBIT "A" T~NTATIVE PARCEL MAP NO. 2008-146 _. __ _ _ . ____ _. _. ....._ _. _ _; ,eo.oz~ ~ 0 0 2.aaz~ ' ~i Z ' ~ ~ 4 a' ~ "'~. £50.73 ° . ~' p "s3. [ [ j W J ~ ~ I 17S' m c d i N ~ m ~ p Y 1 6 p . 9 "~d. 7862T :~ KATEILA AVENUE `]--- ~' - -----~ ~ -------------- -- --- ----'~ ~~- -- smccE ~omc-0 md uaps ana~ciq cas. r.., PESenoLNeacGLrtuyls?i-6tnm11veiLL -4- PC2008-*** EXHIBIT "B" TENTATIVE PARCEL MAP NO. 2008-146 Responsible for No. Conditions of Approval Monitoring PRIO~:TO ~,_ ,~ . ;F'fi~TAL'1V~APAPPI;!)V~lL..~ ~ _ ~7.~' ~ ~ ~.. , , ~ :. . ~ . . 1 That a lot tie covenant to allow the joining of two separate parcels into a single Pablic Works, builda~g site and a covenant which include provisions far mainYenance of private Development faciliCies and a maintenanee exhibit shall be recorded with the Office of the Services Orange County Recorder. 2 That tt~e final map shall be recorded within a period of two (2) years from the Public Works, date of this resolution. Extensions for further time to complete said conditions Development may be granted io accordance with Section 18.03.090 of the Anaheim Municipal Services Code. GENER4 L;"~ . ~_°.,. ~ ~~-., .: ~~~. 3 That a final map shall be submitted to and approved by the City pf Anaheim and the Public Works, Orange County Surveyor and then shall be recorded in the Office of the Orange Development County Recorder. Services 4 That subject property shall be s~bdivided subsYantially in accordance with plans and Planning specifications submitted to the City of Anaheim by the petitioner and which plans are on fiie wlth the Planning Department matked Exhibit No. 1; and as conditioned hereln. 5 That all provisions of Section No. 18.114.120 Requirements for Vacation Planning ' Ownership Resorts units shall be complied with. 6 That approva] of this application consCitutes approval of the proposed request Planning only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, SCate and Federal regulations. Approval does not inclade any action or fiodiogs as to compliance or approval of the request regarding any other applicable ordi~az~ce, regulation or requirement. 7 Tt~at timing for compliance with conditions of approva] may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established Chat satisfies the original intent and purpose of the conditian(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress towazd esCablishment of Lhe use or approved development. -5- PC2008 *x.:r.