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PC 2012/01/18 City of Anaheim Planning Commission Agenda Wednesday, January 18, 2012 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chairman: Peter Agarwal • Chairman Pro-Tempore: Victoria Ramirez • Commissioners: Todd Ament, Stephen Faessel, Michelle Lieberman, Harry Persaud, John Seymour • Call To Order - 5:00 p.m. • Pledge Of Allegiance • Public Comments • Public Hearing Items • Commission Updates • Discussion • Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. A copy of the staff report may be obtained at the City of Anaheim Planning Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planning on Thursday, January 12, 2012, after 5:00 p.m. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Planning Commission using the following e-mail address: planningcommission@anaheim.net 01/18/12 Page 2 of 6 APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, Tentative Tract and Parcel Maps will be final 10 calendar 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. 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. Anaheim Planning Commission Agenda - 5:00 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. 01/18/12 Page 3 of 6 Public Hearing Items ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2011-05581 VARIANCE NO. 2011-04880 (DEV2011-00123) Location: 2150 South Towne Centre Place The applicant proposes to establish a private business school within an existing office building with fewer parking spaces than allowed by Code. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). Resolution No. ______ Project Planner: Vanessa Norwood vnorwood@anaheim.net ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2011-05563 VARIANCE NO. 2011-04879 (DEV2011-00058) Location: 808 West Vermont Avenue The applicant proposes to permit a church within an existing office building with fewer parking spaces than required by Code. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). Resolution No. ______ Project Planner: Vanessa Norwood vnorwood@anaheim.net 01/18/12 Page 4 of 6 ITEM NO. 4 CONDITIONAL USE PERMIT NO. 2011-05566 VARIANCE NO. 2011-04882 (DEV2011-00064) Location: 501 East Cerritos Avenue The applicant proposes to permit an auto sales dealership within an existing industrial building with fewer parking spaces than allowed by Code. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). Motion Request for continuance to January 30, 2012 Project Planner: Vanessa Norwood vnorwood@anaheim.net ITEM NO. 5 CONDITIONAL USE PERMIT NO. 2011-05573 VARIANCE NO. 2011-04870 (DEV2011-00092) Location: 1929 - 1937 South Manchester Avenue This is a City-initiated proposal to permit a parking lot with landscape setbacks, vehicular circulation, parking space dimensions, and parking lot landscaping that is less than required by Code. Upon transfer of ownership to the adjacent property owner, the parking lot would serve the adjacent Holiday Inn and Staybridge Suites as replacement parking for spaces lost due to construction of the Gene Autry overpass. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction), Class 5 (Minor Alterations) and Class 11 (Accessory Structures). Continued from the November 7, and December 19, 2011 Planning Commission meetings. Resolution No. ______ Project Planner: Ted White twhite@anaheim.net Adjourn to Monday, January 30, 2012 at 5:00 p.m. 01/18/12 Page 5 of 6 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:30 p.m. January 11, 2012_ (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ANAHEIM CITY PLANNING COMMISSION The City of Anaheim wishes to make all of its public meetings and hearings accessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accomm odation, aid or service by contacting the Planning Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicación del mismo. Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139, antes de las 10:00 de la mañana un día habil antes de la reunión programada. 01/18/12 Page 6 of 6 S C H E D U L E 2012 January 30 February 13 February 27 March 12 March 26 April 9 April 23 May 7 May 21 June 4 June 18 July 2 July 16 July 30 August 13 August 27 September 10 September 24 October 8 October 22 November 5 November 19 December 3 December 17 December 31 O-L (PTMU)OFFICES PRStadiumANGEL STADIUMOF ANAHEIM O-L (PTMU)OFFICES PR (PTMU)Gateway Sub-Area CNORTH NET FIRETRAINING CENTER C-GOFFICES C-GOFFICES IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL O-L (PTMU)OFFICES O-L (PTMU)OFFICES IINDUSTRIAL IREAL ESTATE IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL O-L (PTMU)OFFICES E ORANGEWOOD AVE S RAMPART STS DUPONT DRS TOWNE CENTRE PL E. KATELLA AVE E. ORANGEWOOD AVE E. CHAPMAN AVE E. GENE AUTRY WAY 2 1 5 0 S ou t h Tow n e C e ntre P lac e D E V N o . 2 0 1 1 -0 0 1 2 3 Subject Property APN: 232-011-28 ATTACHMENT NO. 1 °0 50 100 Feet Ae rial Pho to:May 20 11 E ORANGEWOOD AVE S RAMPART STS DUPONT DRS TOWNE CENTRE PL E. KATELLA AVE E. ORANGEWOOD AVE E. CHAPMAN AVE E. GENE AUTRY WAY 2 1 5 0 S ou t h Tow n e C e ntre P lac e D E V N o . 2 0 1 1 -0 0 1 2 3 Subject Property APN: 232-011-28 ATTACHMENT NO. 1 °0 50 100 Feet Ae rial Pho to:May 20 11 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2012-*** RESOLUTION NO. PC2012-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2011-05581 AND VARIANCE NO. 2011-04880 (DEV2011-00123) (2150 SOUTH TOWNE CENTRE PLACE) WHEREAS, the Planning Commission did receive a verified Petition to approve Conditional Use Permit No. 2011-05581 and Variance No. 2011-04833 to establish private business school within an existing office building with fewer parking spaces than allowed by code located on the subject property; and WHEREAS, this 2.26 acre property is developed with a three-story office building. The property is located in the O-L (Office Low) zone and the Anaheim General Plan designates the property for Office High land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 18, 2012, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the requested private business school with fewer parking spaces than allowed by code should be approved for the following reasons: 1. The proposed the conditional use permit request to establish a private business school is properly one for which a conditional use permit is authorized under Code Section Nos. 18.08.030.010.0402 (Educational Institutions) of the Anaheim Municipal Code. 2. The proposed the conditional use permit to establish private business school within an existing office building, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the building is surrounded by and integrated with similar buildings and uses; and the proposed the private business school is located within an existing office building with no adverse affects to adjoining land uses. - 2 - PC2012-*** 3. The size and shape of the site for the use is adequate to allow the full development of the private business school within an existing office building in a manner not detrimental to the particular area or to the health and safety because the proposed training facility will be located within the existing 3-story, office building. 4. The traffic generated by a private business school will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic. 5. The variance, under the conditions imposed will not cause fewer off-street parking spaces to be provided for the proposed private business school than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of the business school because the on-site parking for the existing office building will adequately accommodate peak parking demands for both the office uses and the business school. 6. The variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the on-site parking for the private business school will adequately accommodate the peak parking demands of the office building including the business school. 7. The variance will not increase traffic congestion within the off-street parking areas provided for the business school since all parking is contained on-site and will not encroach into other parking facilities and the supply of parking is adequate for the business school. Further, the project does not propose new ingress or egress points and is designed to allow adequate on-site circulation and therefore will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the business school. 8. The granting of the conditional use permit and the variance under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed land use will continue to be compatible with the surrounding area because the use is integrated with other uses on the property and is not a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2011-05581 and Variance No. 2011-04880 and subject to the conditions of approval described in Exhibit “B” attached hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. - 3 - PC2012-*** Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that 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 applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 18, 2012. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2012-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 18, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 18th day of January, 2012. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2012-*** - 6 - PC2012-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2011-05581 AND VARIANCE NO. 2011-04880 (DEV2011-00123) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL CONDITIONS 1 This facility shall be used for a business school purposes only. Planning 2 The hours of operation for the business school shall be consistent with the letter of operation on file with the City of Anaheim Planning Department. Code Enforcement 3 On-going during project operation, no required parking area shall be fenced or otherwise enclosed for outdoor storage. Code Enforcement 4 No outdoor activities involving gathering of persons shall be permitted on-site. Code Enforcement 5 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 3 (Site Plans and Floor Plan), and as conditioned herein. Planning INTERIOR PLANNING AND DESIGN 4770 CAMPUS DRIVE SUITE 100 NEWPORT BEACH CALIFORNIA 92660 TEL 949.851.3080 FAX 949.851.0807 WWW.HHENDY.COM Memorandum Memo. Justification for Parking (Kensington College) 10.13.11.docx To The City of Anaheim Date December 23, 2011 Project Kensington College – C.U.P. From Sonaly Dudheker Project Number 00221.002.11 Regarding: Justification for Parking (Amended) Kensington College strives to offer unique opportunities to adults to enter diploma or degree programs of higher education in business administration, paralegal studies and hospitality operations and other new and innovative fields of study. They have been in business since 1991. Their corporate offices are currently at 2428 N. Grand Avenue in Santa Ana. Kensington College’ plan for the building at 2150 S. Towne Center in Anaheim is to house their offices and full service school. Currently there are 584 parking stalls provided and based on the following breakdown of floor areas, 641 parking stalls are required. Real Estate Trainers located in Building 4 utilizes the parking mostly at night and over the weekends. Office (Building 3, 4 and 5):141,352 @ 4/1000 = 565.4 Classroom: 3,766 @ 20/1000 = 75.3 Total: 641 Spaces Although 641 spaces are required by code, 584 stalls are provided and are less than 10% of required amount. The on-site class hours run from 8:30-3:30 Monday, Tuesday and Thursday for the paralegal program with typically about 12-15 students in the core program. There are typically 5-6 additional students that are in lab (independent study) classes. These students stop by the computer lab as needed to meet with an instructor. Generally, once or twice a week for a couple of hours. The rest of the on-site classroom use is currently evenings (6-10pm, Monday-Thursday) or weekends (9-noon, Saturday). Most of the proposed growth will be programs on-line. Hybrid programs will utilize the evening and weekend format for their in-classroom component. With the brief explanation above for the structure of the Kensingston College, the total number of students and faculty members that will be parking is 30 persons, which makes very minimal impact on ATTACHMENT NO. 3 INTERIOR PLANNING AND DESIGN 4770 CAMPUS DRIVE SUITE 100 NEWPORT BEACH CALIFORNIA 92660 TEL 949.851.3080 FAX 949.851.0807 WWW.HHENDY.COM Job Name Date Page 2 J:\01. Projects\Kensington College CUP (00221.002.11)\Admin\City Info\Memo.Justification for Parking (Kensington College) Revised 12.23.11.docx the parking. The class schedule is also divided into morning and evening sessions. With that in mind, the parking is adequate. Should you need additional information, let us know. Sincerely, Sonaly Dudheker Copy to The information and content herein is considered confidential and proprietary to the office of H.HendyAssociates ATTACHMENT NO. 4 ATTACHMENT NO. 5 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. C -G R C L 5 6 -5 7 -5 8 C U P 2 0 1 1 -0 5 5 6 3 C U P 2 4 3 4 D E V 2 0 1 1 -0 0 0 5 8 A R T S C H O O L R M -4 T R IP L E X R M -4 T R IP L E X RM-4CAPRI APTS36 DU R M -4 P A L M M A N O R A P T S 8 5 D U RM-4APTS16 DURM-4APTS8 DURM-4LUCEROAPTS46 DU R M -4 R E S ID E N T IA L S P 9 2-2 D A 1 P A R KIN G L O T SP 92-2 (MHP)DA1ANAHEIM HARBORRV PARKRS-2RESI DENTI ALRM-4DUPLEX R S-2 C O T T O N W O O D P A R K S P 9 2-2 D A 1 S H E R A T O N A N A H EI M H O T E L R M -3 C O N D O M IN IU M S T O W N H O U S E S RM-4FOURPLEX R S -2 R E S ID E N T IA L RS-2 RESI DENTI ALRM-2CONDOMINIUMS84 DU W V E R M O N T A V E S CI TRON STW B E L L E V U E D R W COTTONWOOD CIRW HAMPSHI RE AVES CI TRON STW B E L L E V U E D R S C I T R O N S T W V E R M O N T A V E W. BALL RDS. ANAHEI M BLVDS. WALNUT STS. HARBOR BLVDE. BALL RD S. M A N C H E S T E R A V E W. CERRITOS AVE W . B R O A D W A Y 8 0 8 West Vermont Av enue D E V N o. 2011-00058 Subject Property APN: 251-021-14 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 10 W V E R M O N T A V E S CI TRON STW B E L L E V U E D R W COTTO N W O O D CIR W HAMPSHI RE AVES CI TRON STW B E L L E V U E D R S CI TRON STW V E R M O N T A V E W. BALL RDS. HARBOR BLVDS. ANAHEI M BLVDS. WALNUT STE. BALL RD S. M A N C H E S T E R A V E W. CERRITOS AVE W . B R O A D W A Y 8 0 8 W e st V e r m o n t Av e n u e D E V N o . 2 0 1 1 -0 0 0 5 8 Subject Property APN: 251-021-14 ATTACHMENT NO. 1 °0 50 100 Feet Aeria l Ph ot o:Ma y 2 01 0 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2012-*** RESOLUTION NO. PC2012-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND CONDITIONAL USE PERMIT NO. 2011-05563 AND VARIANCE NO. 2011-04879 (DEV2011-00058) (808 WEST VERMONT AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2011-05563, to permit a religious and community assembly facility for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit “A”, attached hereto and incorporated herein by this reference; WHEREAS, this property is currently developed with an office building, located in the General Commercial Zone and the Anaheim General Plan designates this property for General Commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 18, 2012, at 5:00 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 conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. The proposed church is properly one for which a conditional use permit is authorized under Code Section No. 18.08.030.0402. 2. The proposed church will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located because the church maintains a limited congregation with a sanctuary area that is less than 1,000 square feet in size; 3. The size and shape of the site proposed for the church is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; 4. The traffic generated by the church will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the volume of traffic planned for the streets and highways in the area and because use of this facility will be off-peak from the parking demand of other uses in the area; - 2 - PC2012-*** 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. WHEREAS, the Planning Commission after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for a variance, does find and determine the following facts: That the applicant requests a variance from the following Code Section to permit a church: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (29 spaces required for the church; 25 spaces proposed) 1. The requested variance, under the conditions imposed, will not cause fewer off- street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles anticipated for the proposed use under the normal and reasonably foreseeable operation of such use as indicated in the parking study dated November 2011 prepared by Kimley Horn and Associates. 2. The parking variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity, as indicated in the aforementioned parking study which concludes that the proposed 25 parking spaces are adequate to meet the peak demand of the church. 3. The variance will not increase the demand and competition for parking spaces upon adjacent properties in the immediate vicinity of the proposed use as will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the project. Current parking utilization in the adjacent lots is low and at different days of the week then the church and the project is not expected to generate any additional parking demand. 4. The variance will not increase traffic congestion within the off-street parking areas provided for the proposed use. The off-site parking lot serving the site provides 17 spaces and eight additional spaces within the garage. Parking surveys conducted as part of the parking study indicate that during peak parking occupancy, only 20 spaces are anticipated to be occupied. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated does hereby approve Conditional Use Permit No. 2011-05563 and Variance No. 2011-04879 to permit a church on property located at 808 West Vermont Avenue with less parking spaces than required by Code. - 3 - PC2012-*** BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby grant Conditional Use Permit No. 2011-05563 and Variance No. 2011-04879 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 to preserve the safety and general welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that 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 applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 18, 2012. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 “Procedures” of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2012-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 18, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 18th day of January, 2012. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2012-*** - 6 - PC2012-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2011-05563 AND VARIANCE NO. 2011-04879 (DEV2011-00058) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL 1 All garage doors facing the alley to the east of this site shall remain open and accessible during those times when church services are being conducted. Code Enforcement 2 Church services shall only be held in the proposed sanctuary area. During those times when church services are being conducted, no other meeting activities shall take place on the premises except for Children’s religious and cultural education classes. Code Enforcement 3 This church facility shall not include any child day care or pre- school activities, except during church services. Code Enforcement 4 That worship services shall be limited to Sundays only. Code Enforcement 5 That no more than two persons shall reside on the premises. Code Enforcement 6 No outdoor uses, assembly or outdoor storage shall occur on the property. Code Enforcement 7 No portable signs shall be utilized to advertise the church. Code Enforcement 8 Prior to final occupancy of the proposed sanctuary area, the existing parking lot shall be re-surfaced and restriped according to the approved site plan. The existing raised concrete light standard base located along the southernmost row of parking spaces shall also be removed. 9 The property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. Code Enforcement 10 All exterior doors to have adequate security hardware, e.g. deadbolt locks. Police Department 11 File Emergency Listing Card, Form APD-281, with the Police Department, available at the Police Department front counter, or it can be downloaded from the following web site: Police Department - 7 - PC2012-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY http://www.anaheim,net/article.asp?id=678. 12 Granting of the parking variance is contingent upon operation of this facility in conformance with the assumptions and/or conclusions relating to the operation and intensity of use as contained in the parking study dated November 2011 prepared by Kimley Horn and Associates, which formed the basis for approval of said variance. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in the parking study, may subject this variance to termination pursuant to the provisions of Chapter 18.60 - Procedures of the Anaheim Municipal Code. Planning Department, Code Enforcement Division 13 The subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1 (Site Plan) and Exhibit Nos. 2 and 3 (Floor Plans), and Exhibit Nos. 4 and 5 (Elevations) as conditioned herein. Planning CONDITIONAL USE PERMIT JUSTIFICATION LETTER The property located at 808 W. Vermont Ave., Anaheim, CA 92805 is currently the site for the Caodai Center’s offices. We would like to be granted a Conditional Use Permit for a sanctuary, church offices, a rectory, and a dwelling unit for a property/maintenance manager. The Caodai Center is owned by Dai Dao Tam Ky Pho Do, Cao Dai Giao Hai Ngoai (DDTKPD), a non-profit religious organization established in 1993. The organization has worked over the years to promote religious tolerance with the understanding that all come from One Divine Source; to promote peace and understanding between individuals, communities, and the world; to provide youth guidance; and to promote wellness physically and spiritually in the community. Previously, this property was used as sanctuary, church offices, and rectory for a Korean Church. The building was also used as a college. Also, it was known that area of the currently proposed rectory and the dwelling unit for property/maintenance manager was used as residence for Walt Disney. Thus, our current proposed use would not have any adverse effect on the adjoining land, the health and safety of the area, and to the citizens of the City of Anaheim. Since 1993, the gathering of our members for Caodai worship has been just around 20 to 30 people, at the maximum, on Sundays. Furthermore, as the activities at this site would occur mostly on weekends (and mostly on Sundays), the traffic generated by the proposed use will not present any undue burden upon the streets and highways in the area. The Vietnamese language/cultural/bible study classes are for children and are from 11:00 AM to 2:00 PM on Sundays, and parents drop off the kids and pick them up promptly. The worships are on Sundays from 12:00 PM to 1:00 PM. The service includes roughly 20 to 30 people, at most, and the sanctuary is not fixed seat type. During our hours of operation, the 8-car parking spaces in the garage are available for parking use if necessary. We appreciate the generosity and kindness of our neighbors in the City of Anaheim, and we would like to be a good neighbor ourselves, so it is always our goal to be open to suggestions to make the neighborhood better, safer, and more prosperous for our future and the future of our posterity. ATTACHMENT NO. 3 Parking Study for the: PROPOSED RELOCATION OF THE DAI DAO TAM KY PHO DO CAO DAI CHURCH In the City of Anaheim Prepared for: Dai Dao Tam Ky Pho Do Cao Dai Church Kimley-Horn and Associates, Inc. November, 2011 ATTACHMENT NO. 4 PARKING STUDY FOR THE PROPOSED RELOCATION OF THE DAI DAO TAM KY PHO DO CAO DAI CHURCH IN THE CITY OF ANAHEIM Prepared for: Dai Dao Tam Ky Pho Do Cao Dai Church 808 W. Vermont Avenue Anaheim, California 92805 Prepared by: Kimley-Horn and Associates, Inc. 765 The City Drive, Suite 400 Orange, California 92868 714-939-1030 November, 2011 © Kimley-Horn and Associates, Inc. PARKING STUDY FOR THE PROPOSED RELOCATION OF THE DAI DAO TAM KY PHO DO CAO DAI CHURCH IN THE CITY OF ANAHEIM TABLE OF CONTENTS Page INTRODUCTION ...................................................................................................................... 1 PROJECT DESCRIPTION ......................................................................................................... 1 CITY OF ANAHEIM PARKING REQUIREMENTS ................................................................. 3 Parking Requirement per City Code......................................................................................... 3 EXISTING PARKING DEMAND .............................................................................................. 5 Parking Data Collection........................................................................................................... 5 Observed Parking Demand at 9661 W. Ball Road .................................................................... 5 Existing Parking Demand at 808 W. Vermont Avenue ............................................................. 5 PARKING SUPPLY ADEQUACY ............................................................................................. 7 REQUIRED FINDINGS FOR A PARKING VARIANCE .......................................................... 9 CONCLUSIONS....................................................................................................................... 10 APPENDICES Appendix A – City of Anaheim Municipal Code – Chapter 18.42 (Relevant Sections) Appendix B – Parking Data Collection LIST OF FIGURES Page Figure 1 – Project Site Plan ......................................................................................................... 2 LIST OF TABLES Page Table 1 – Summary of Parking Requirements per City Code........................................................ 4 Table 2 – Summary of Parking Data Collection at 9661 W. Ball Road ......................................... 6 Table 3 – Parking Adequacy ........................................................................................................ 8 Parking Study for - 1 -Kimley-Horn and Associates, Inc. Dai Dao Tam Ky Pho Do Cao Dai Church November, 2011 PARKING STUDY FOR THE PROPOSED RELOCATION OF THE DAI DAO TAM KY PHO DO CAO DAI CHURCH IN THE CITY OF ANAHEIM INTRODUCTION This report has been prepared to evaluate the parking needs for the proposed relocation of the Dai Dao Tam Ky Pho Do Cao Dai Church. The church currently meets in a single-family residential unit located at 9661 W. Ball Road in the City of Anaheim. The church proposes to move to an existing office building located at 808 W. Vermont Avenue in the City of Anaheim. The parking supply at the existing office building will not provide enough parking to meet the City of Anaheim Parking Code requirements, and therefore, a parking variance will be required. A parking analysis has been conducted in order to determine whether or not the requested variance can be supported by the Required Findings in accordance with the requirements of Section 18.42.110 of the City of Anaheim Municipal Code. PROJECT DESCRIPTION Dai Dao Tam Ky Pho Do Cao Dai Church currently meets in a single-family residential unit at 9661 W. Ball Road in the City of Anaheim. A portion of the front yard has been enlarged and paved to provide additional parking. On-street parking in the neighborhood is allowed with some parking restrictions due to street sweeping and red curbs. The current church membership is about 20-30 persons. The church worship services are held on Sundays from 12:00 Noon to 1:00 PM. Dai Dao Tam Ky Pho Do Cao Dai Church proposes to relocate to an existing office building located at 808 W. Vermont Avenue in the City of Anaheim. The church has requested a conditional use permit (CUP) for a sanctuary, church office, rectory, a dwelling unit and to conduct church services at the new location. The total building size is 13,189 square feet, including 9,481 square feet of habitable space and 3,708 square feet of garage space. The project site will provide 25 parking spaces, including 8 garage spaces and 17 spaces in a surface parking lot. The adjacent property owner has agreed to allow the church to use an additional 6 spaces on his parcel during Sunday services, although no formal parking agreements are in writing. The project site plan is provided on Figure 1. The office building at 808 W. Vermont Avenue currently accommodates Vietnamese language/cultural/Bible study classes for children on Sundays from 11:00 AM to 2:00 PM. Students are dropped off by their parents then picked up after classes. These classes currently have 20 students and 5 teachers. The church will continue to hold these classes after the church moves into the building. Parking Study for - 3 -Kimley-Horn and Associates, Inc. Dai Dao Tam Ky Pho Do Cao Dai Church November, 2011 CITY OF ANAHEIM PARKING REQUIREMENTS Parking Requirement per City Code The City of Anaheim parking requirements are contained in Chapter 18.42 of the City’s Municipal Code, which specifies the City’s off-street parking requirements for a variety of land uses. A copy of the relevant sections from Chapter 18.42 is provided as Appendix A. The City of Anaheim has required a parking study to focus on Sunday demand since the Church will only meet on Sundays. The church does not have meetings during the weekdays. The parking requirement will be calculated based upon anticipated usage on a Sunday. The City’s parking code requirements for church uses are: ƒ0.333 space per fixed seat, or 29 spaces per 1,000 square feet of gross floor area (GFA), whichever results in a greater number of spaces, plus ƒ4 spaces per 1,000 square feet of GFA for office use, plus ƒif a kitchen facility is provided, 0.02 space per person for the maximum capacity figure of the assembly area determined by the City Fire Department, and ƒif other types of ancillary uses other than a Sunday school are included, a parking demand study may be required. The proposed uses of the church for parking requirement calculation are described below: x Sunday services will be held in a new sanctuary converted from an existing storage area on the south side of the building. The sanctuary would be 936 square feet without fixed seating. x Two offices are provided on the second floor; one for the priest, and the other for the property manager. The offices combine for a total of 405 square feet. x The building has two kitchens; the first floor kitchen is used to prepare lunch for the children in the Vietnamese language/cultural/Bible study classes, and the second floor kitchen is not used. The church is not anticipated to use the kitchen. x The church will provide a rectory and a dwelling unit. The living quarters consist of two bedrooms and one bathroom on the second floor. These living quarters are not included in the parking requirement calculations because they will not be occupied on Sundays while the sanctuary and the assembly areas are in use. Table 1 shows that based on the City’s parking requirement, the project would require 29 parking spaces, which represents a parking deficiency of 4 spaces. Table 1 Summary of Parking Requirements for the Dai Dao Tam Ky Pho Do Cao Dai Church City Parking Parking Spaces Requirement Required Sanctuary 0.936 KSF 29 spaces/KSF 27.14 Office 0.405 KSF 4 spaces/KSF 1.62 TOTAL 28.8 Total Parking Spaces Required 29 Total Parking Spaces Provided 25 Forecasted Parking Deficit -4 Land Use Size Parking Study for Dai Dao Tam Ky Pho Do Cao Dai Church - 4 -Kimley-Horn and Associates, Inc. November, 2011 Parking Study for - 5 -Kimley-Horn and Associates, Inc. Dai Dao Tam Ky Pho Do Cao Dai Church November, 2011 EXISTING PARKING DEMAND Parking Data Collection The following section documents the parking data collection efforts and results. Parking demand at the existing church at 9661 W. Ball Road was observed on Sunday, November 13, 2011 between the hours of 10:00 AM and 2:00 PM. Parking on the driveway and on-street were counted. On-street parking vehicles were counted if the driver and/or passenger were observed walking into the church. Parking counts were tabulated each half-hour. The parking data collection worksheet is provided as Appendix B. Observed Parking Demand at 9661 W. Ball Road A summary of the parking data collected at the existing church site is provided on Table 2. Table 2 shows the number of parked vehicles at the existing church site during each half-hour of the data collection period. The data indicates that the highest number of vehicles parked during the data collection period was 6 vehicles between 12:00 Noon and 1:00 PM. This peak usage coincides with the time of the worship service. On the day of the parking counts, 12-15 members attended church services. Compared to the parking demand of 6 vehicles, this would result in a parking rate of 0.4 – 0.5 parking space per member in attendance. Existing Parking Demand at 808 W. Vermont Avenue As previously mentioned, the office building at 808 W. Vermont Avenue currently houses classes for children to learn Vietnamese language, cultural and religious teaching. The classes have a total of approximately 20 students and 5 teachers. These classes are conducted from 11:00 AM to 2:00 PM on Sundays. Parents drop off their children prior to the beginning of class, and then pick them up after classes. Each of the 5 teachers would require one parking space each. Table 2 Summary of Parking Data Collection at 9661 W. Ball Road Sunday, 11/13/2011 Driveway On-Street Total Time Parking Parking Parking 10:00 AM 1 0 1 10:30 AM 1 0 1 11:00 AM 1 0 1 11:30 AM 2 1 3 12:00 Noon 3 3 6 12:30 PM 3 3 6 1:00 PM 3 3 6 1:30 PM 2 1 3 2:00 PM 2 0 2 Parking Study for Dai Dao Tam Ky Pho Do Cao Dai Church - 6 -Kimley-Horn and Associates, Inc. November, 2011 Parking Study for - 7 -Kimley-Horn and Associates, Inc. Dai Dao Tam Ky Pho Do Cao Dai Church November, 2011 PARKING SUPPLY ADEQUACY Per application of the city parking code, the relocated church would have a parking requirement of 29 parking spaces on Sundays. Based on the counts conducted at the church’s existing location, the church has a maximum parking rate of 0.5 space per attending member. The applicant has indicated that the maximum attendance at the church is 30 persons, for special events such as the New Year’s Eve celebration. The Vietnamese language, cultural, and Bible study classes would continue with 20 students and 5 teachers. The classes would require one parking space for each teacher, for a total 5 parking spaces. Table 3 shows that with the relocated Dai Dao Tam Ky Pho Do Cao Dai Church, the project site would require 15 spaces for the church and 5 spaces for the classes, for a total of 20 spaces. The project site provides 25 spaces; therefore, a surplus of 5 spaces is anticipated on Sundays. Church attendance could increase by 33% (10 persons) over the anticipated maximum and the parking demand would still be accommodated completely on site. Eight parking spaces are available in a row of garages on the east side of the office building, accessed via an adjacent alley. The garage doors would be open during church hours and garage parking will be available for any church attendee. The adjacent property owner on the west side of the project site has agreed to allow the Dai Dao Tam Ky Pho Do Cao Dai Church to use 6 parking spaces on his property on Sundays. However, no formal written parking agreement is in place. With the 6 additional spaces, the total parking supply for the proposed project would be 31 spaces. Based on the parking analysis, the proposed project would not need the additional spaces at the adjacent property. Although not counted in the formal parking supply for the church, street parking on W. Vermont Avenue is allowed, and could be used for overflow in the event of a rare special occasion where the parking demand exceeds the on-site supply. Table 3 Parking Adequacy Land Use Parking Rate Parking Required Church 0.5 30 Members 15 Classes -5 Teachers 5 TOTAL 20 Total Parking Spaces Required 20 Total Parking Spaces Provided 25 Forecasted Parking Surplus 5 Persons Parking Study for Dai Dao Tam Ky Pho Do Cao Dai Church - 8 -Kimley-Horn and Associates, Inc. November, 2011 Parking Study for - 9 -Kimley-Horn and Associates, Inc. Dai Dao Tam Ky Pho Do Cao Dai Church November, 2011 REQUIRED FINDINGS FOR A PARKING VARIANCE In accordance with the requirements of Section 18.42.110 of the City of Anaheim Municipal Code, the following findings have been made to document the adequacy of the proposed parking supply for the Dai Dao Tam Ky Pho Do Cao Dai Church: 1.The variance will not cause fewer off-street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use. The Sunday parking requirement for Dai Dao Tam Ky Pho Do Cao Dai Church and classes based on this analysis would be 20 parking spaces. The project site would provide a total of 25 parking spaces. This amount of parking would be adequate to meet the expected church parking needs. 2.The variance will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. The results of the parking analysis indicate that the parking demand for Dai Dao Tam Ky Pho Do Cao Dai Church would be accommodated completely on-site. 3.The variance will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with Section 18.42.050.030). The results of the parking analysis indicate that the parking demand for Dai Dao Tam Ky Pho Do Cao Dai Church will not need to depend on an off-site parking supply. However, the adjacent property owner on the west side of the proposed project has agreed to allow church members to park in 6 spaces on Sundays. The analysis indicates that the Dai Dao Tam Ky Pho Do Cao Dai Church would not need to use the parking spaces on the adjacent site. 4.The variance will not increase traffic congestion within the off-street parking areas or lots provided for such use. Dai Dao Tam Ky Pho Do Cao Dai Church would take direct access off W. Vermont Avenue, which is a public street in a residential neighborhood. The north-south drive aisle along the west side of the building meets the city standard for a two-way drive aisle with 45 degree angled parking. However, the drive aisle along the south side of the building with 90 degree parking is only 20 feet wide, while the City’s Minimum Off-Street Parking Dimensions Standard Detail No. 470 requires 24 feet. This is an existing non-conforming condition. Regular church attendees would be familiar with the non-standard drive aisle and therefore Parking Study for - 10 -Kimley-Horn and Associates, Inc. Dai Dao Tam Ky Pho Do Cao Dai Church November, 2011 avoid congestion at this drive aisle. The end stall treatment as shown on the site plan conforms to the city detail. All parking spaces shown on the site plan are 18’ x 8’-6” and double striped, which meets the City’s requirement. The parking for the church would not be concentrated in one area but would be distributed on the west and south sides of the building. 5.The variance will not impede vehicular ingress to or egress from adjacent properties upon the public street in the immediate vicinity of the proposed use. Ingress and egress for Dai Dao Tam Ky Pho Do Cao Dai Church would be via W. Vermont Avenue, a public road. The church would share the driveway with the adjacent property but would not impede vehicular ingress or egress from any other property. W. Vermont Avenue would provide more than adequate stacking incoming for church vehicles, such that vehicles will not back up onto the adjacent public streets. CONCLUSIONS x The applicant, Dai Dao Tam Ky Pho Do Cao Dai Church, proposes to relocate from its current meeting location at 9661 W. Ball Road to an office building located at 808 W. Vermont Avenue in the City of Anaheim. x The project site would have an on-site parking supply of 25 parking spaces. x Based on the data collection and church attendance and the anticipated church membership, the Sunday parking demand for the church would be 15 parking spaces. x The existing Vietnamese language, cultural, and Bible study classes conducted on Sundays at 808 W. Vermont Avenue have a parking demand of 5 spaces. x The on-site parking supply of 25 spaces would be adequate to accommodate the anticipated Sunday church and classes parking demand of 20 spaces. A surplus of 5 spaces is forecasted. x Church attendance could increase by 33% over the anticipated maximum and the parking demand would still be accommodated completely on site. x The adjacent property owner has allowed the church to use 6 parking spaces on his property, although there is no formal parking agreement. The church is not anticipated to need the additional 6 spaces. APPENDIX A City of Anaheim Municipal Code Chapter 18.42 (Relevant Sections) APPENDIX B Parking Data Collection at 9661 W. Ball Road, Anaheim, CA Location:9661 W Ball Rd Day:Sunday City:Anaheim Date:11/13/2011 TIME DRIVEWAY YARDLEY ST IN FRONT DRIVEWAY HARVEST ST TOTALS 10:00 AM 1 0 0 0 1 10:30 AM 1 0 0 0 1 11:00 AM 1 0 0 0 1 11:30 AM 2 1 0 0 3 12:00 PM 3 2 1 0 6 12:30 PM 3 2 1 0 6 1:00 PM 3 2 1 0 6 1:30 PM 2 0 1 0 3 2:00 PM 2 0 0 0 2 9661 W Ball Rd Parking Study ATTACHMENT NO. 5 ATTACHMENT NO. 6 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. I (SABC)INDUSTRIAL C-G (SABC)ANAHEIM MARKETPLACEINDOOR SWAP MEET I (SABC)RELIGIOUS USE I (SABC)INDUSTRIAL IINDUSTRIAL I (SABC)INDUSTRIAL I (SABC)INDUSTRIAL I (SABC)INDUSTRIAL I (SABC)INDUSTRIAL I (SABC)INDUSTRIAL E CERRITOS AVE S ALLEC STE E. BALL RD S. LEWIS STS. HARBOR BLVDE. KATELLA AVE E. CERRITOS AVES. ANAHEI M BLVDW. BALL RD W. KATELLA AVE S. SUNKIST STW. DISNEY WAY 5 0 1 E as t C e r r ito s A ven u e D E V N o . 2 0 1 1 -0 0 0 6 4 Subject Property APN: 082-140-37082-130-31 ATTACHMENT NO. 1 °0 50 100 Feet Ae rial Pho to:May 20 10RAILROAD E CERRITOS AVE S ALLEC STE E. BALL RD S. LEWIS STS. HARBOR BLVDE. KATELLA AVE E. CERRITOS AVES. ANAHEI M BLVDW. BALL RD W. KATELLA AVE S. SUNKIST STW. DISNEY WAY 5 0 1 E as t C e r r ito s A ven u e D E V N o . 2 0 1 1 -0 0 0 6 4 Subject Property APN: 082-140-37082-130-31 ATTACHMENT NO. 1 °0 50 100 Feet Ae rial Pho to:May 20 11 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. RM-4FOURPLEX RM-4FOURPLEX RM-4FOURPLEX RM-4APTS20 DU RM-4APTS24 DU I (PTMU)INDUSTRIAL RM-4FOURPLEX SP 92-2DA1HOLIDAY INNANAHEIM RESORT I (PTMU)VACANT SP 92-2 (MHP)DA1PLANTATIONMOBILE ESTATES RM-4APTS20 DU SP 92-2DA1STAYBRIDGESUITESANAHEIM C-GRETAILRM-4FOURPLEX RM-4APTS8 DU RM-4APTS12 DU T (MHP)DEL RAYMOBILE ESTATES SP 92-2DA1VACANT RM-4APTS8 DU SP 92-2DA1 FUTURE GENE AUTRYWAY OVERPASS S A N T A A N A F R E E W A Y S A N T A A N A F R E E W A Y S M ANCHESTER AVE S AN AHEIM W AY E LEATRICE LN E RIVERA LNVIA KONAE LEATRICE LN E WAKEFI EL D AV E E TANGERINE LN VIA TAHITI E TANGERINE LN VIA HILO DRVIA KONAE. KATELLA AVE S. HASTER STE. ORANGEWOOD AVES. LEWIS STS. STATE COLLEGE BLVDW. KATELLA AVE W. DISNEY WAY 1 9 2 9 So uth Manches ter Avenue D E V N o. 2011-00092 Subject Property APN: 137-321-33137-321-34 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 10 FUTURE GENE AUTRYWAY OVERPASS S M ANCHESTER AVE S AN AHEIM W AY E LEATRICE LN CITRU S DR E RIVERA LNVIA KONAE E LEATRICE LN E WAKEFI EL D AV E E TANGERINE LN VIA TAHITI E TANGERINE LN VIA HILO DRVIA KONAE. KATELLA AVE S. HASTER STE. ORANGEWOOD AVES. LEWIS STS. STATE COLLEGE BLVDW. KATELLA AVE W. DISNEY WAY 1 9 2 9 So uth Manches ter Avenue D E V N o. 2011-00092 Subject Property APN: 137-321-33137-321-34 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 10 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2012-*** RESOLUTION NO. PC2012-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT CLASS 3, 5 AND 11 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2011-05573 AND VARIANCE NO. 2011-04870 (DEV2011-00092) WHEREAS, the Planning Commission did receive a City-initiated request to approve Conditional Use Permit No. 2011-05573 and Variance No. 2011-04870 to permit and retain a parking lot with landscape setbacks, parking space design, and parking lot landscaping that is less than required by code; and WHEREAS, this 0.62-acre property is a remnant of two parcels that were purchased by the City to accommodate the construction of the Gene Autry Way overpass project. The property is partially developed with a surface parking lot. The property is located in the Anaheim Resort Specific Plan, Development Area 1 (Commercial Recreation) and the Anaheim General Plan designates the property for Commercial Recreational land uses; and WHEREAS, the Planning Commission did initiate, by motion, this request on October 10, 2011; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 7, 2011, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning Commission, by motion, continued the public hearing for the conditional use permit and variance to December 19, 2011, and subsequently to January 18, 2012, at the request of the property owners of the Staybridge Suites and Holiday Inn property; and WHEREAS, said Planning Commission, after due inspection, investigation and study made by itself and on its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request to permit and retain a parking lot with landscape setbacks, parking space design, and parking lot landscaping that is less than required by code should be approved for the following reasons: 1. The proposed request to permit and retain a parking lot in the Anaheim Resort Specific Plan, Development Area 1 (C-R District) is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.116.070.040 – Table 116C (Automotive – Parking Lots or Parking Structures/Garages). - 2 - PC2012-*** 2. The proposed conditional use permit to permit a parking lot, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the parking lot serves to replace parking spaces that were removed to accommodate the Gene Autry Way Overcrossing project and the proposed surface parking lot does not preclude future development of the property. 3. The size and shape of the site for the use is adequate to allow the full development of the proposed parking lot in a manner not detrimental to the particular area or to the health and safety because the parking lot is designed to take advantage of access from an existing driveway on Manchester Avenue and is designed in a manner that will allow safe and efficient vehicular circulation and is compatible with the design of the adjacent parking spaces serving the Holiday Inn and Staybridge Suites property. 4. The parking lot will not generate additional traffic that could cause an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the parking lot is intended to replace parking spaces that previously served the adjacent Holiday Inn and Staybridge Suites and will not generate any additional traffic trips. 5. The granting of the conditional use permit and the variance under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed parking lot will be compatible with the surrounding area because the use is integrated with hotels and existing parking areas and is not a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the Planning Commission does further find and determine that the request for a variance to permit landscape setbacks, parking space design, and parking lot landscaping that is less than required by code should be approved for the following reasons: SECTION NO. 18.116.090.020 Minimum landscape setbacks adjacent to Manchester Avenue and Gene Autry Way. (20 feet required; 2 to 20 feet proposed). SECTION NO. 18.116.090.040 Minimum landscape setback adjacent to interior property line. (10 feet required; 0 feet proposed). SECTION NO. 18.116.140.110 Minimum parking space design. (No overhang permitted; 2 foot overhang proposed). SECTION NO. 18.116.140.020 Minimum parking lot landscaping. AND 18.116.140.090 (9 trees in planters required; 6 trees proposed). - 3 - PC2012-*** 1. That there are special circumstances applicable to the property, including size, shape, location and surroundings, which do not apply to other property under identical zoning classification in the vicinity that result in limited and inefficient use of the property if it were developed in conformance with development standards. The property is a small, triangularly- shaped property immediately adjacent to the Gene Autry Way Overcrossing. The size and shape of the property limit the efficiency of independent design for the parcel, rendering it appropriate for joint use with existing surface parking improvements on adjacent properties, and the location of the parking lot adjacent to Gene Autry Way overpass presents a unique situation where a landscape setback is unnecessary due to the grade difference between the parking lot and Gene Autry Way. 2. That, because of these special circumstances, strict application of the Zoning Code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. Numerous properties within the Anaheim Resort Specific Plan along Manchester Avenue have landscape setbacks that are less than required by code due to the widening of the I-5 freeway and realignment of Manchester Avenue. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15303 (Class 3 - New Construction), Section 15305 (Class 5 - Minor Alterations) and Section 15311 (Class 11 - Accessory Structures) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2011-05573 and Variance No. 2011-04870 and subject to the conditions of approval described in Exhibit “B” attached hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. - 4 - PC2012-*** BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code, except as approved by this action, and any other applicable City, State and Federal regulations. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 18, 2012. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 18, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 18th day of January, 2012. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2012-*** - 6 - PC2012-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2011-05573 AND VARIANCE NO. 2011-04870 (DEV2011-00092) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL CONDITIONS 1 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim and which plans are on file with the Planning Department marked Exhibit No. 1 (Site/Landscape Plan). Public Works SWVSCALE 1"= 20’PLANTING INSTALLATION NOTES:12 3VINES ARE SHOWN OUTSIDE THE PLANTER FORGRAPHICAL CLARITY.PLANTING HOLES SHALL BE TWO TIMES THESIZE OF ROOT BALL.ALL PLANTING AREAS SHALL RECEIVE 3" THICKOF MULCH.I-5 FREEWAY SBMANCHESTER AVENUEHOLIDAY INN PARKING LOT PLANT LEGENDAGAPANTHUS AFRICANUSPHILODENDRON SELLOUMALBIZIA JULIBRISSINCUPANIOPSIS ANACARDIOIDESPARTHENOCISSUS TRICUSPIDATASYMBOLBOTANICAL NAMECOMMON NAMELILY-OF-THE-NILEBOSTON IVYCARROTWOODMIMOSATREESVINES AND GROUNDCOVERGENE AUTRY WAYORANGE DAYLILLYHEMEROCALLIS HYBRIDSTULBAGHIA VIOLACEASOCIETY GARLICLACY TREE PHILODENDRONPITTOSPORUM TOBIRA ’WHEELERI’WHEELER’S DWARF PITTOSPORUMHOLIDAY INN879APN 137-321-231APN 137-321-34TRACHELOSPERMUM JASMINOIDESSTAR JASMINETRACHELOSPERMUM ASIATICUMASIATIC JASMINEMETROSIDEROS EXCELSUSNEW ZEALAND CHRISTMAS TREENOTE: UNDERLINED PORTION OF BOTANICAL NAME INDICATE ABBREVIATIONS USED ON PLANTING PLAN.SIZE1 GAL1 GAL5 GAL1 GAL1 GAL24" BOX24" BOX24" BOX1 GALFLATSFLATSPROPERTYLINEPLANNING COMMISSIONCUP/VARIANCE EXHIBIT24’16’18’18’24’18’24’16’16’16’8.5’8.5’8.5’8.5’8.5’8.5’8. 5 ’ATTACHMENT NO. 3