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PC 2005/06/13Anaheim Planning Commission Agenda Monday, June 13, 2005 Council Chamber, City Hall 200 South Anaheim Boulevard. Anaheim. California Chairman: Gail Eastman Chairman Pro - Tempore: Cecilia Flores Commissioners: Kelly Buffa, Joseph Karaki, Ed Perez, Panky Romero, Pat Velasquez . Call To Order Preliminary Plan Review 12:00 P.M. • Staff update to Commission on various City developments and issues (As requested by Planning Commission) • Preliminary Plan Review for items on the June 13, 2005 agenda • Conditional Use Permit No. 2005 -04960 — to consider initiating revocation proceedings for failure to comply with conditions of approval. • Discussion to consider changing the time of the public hearing. Recess To Afternoon Public Hearing Session • Reconvene To Public Hearing 2:00 P.M. 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. . Pledge Of Allegiance . Public Comments . Consent Calendar . Public Hearing Items . Adjournment You may leave a message for the Planning Commission using the following e -mail address: plan ningcommission(Wanaheim .net H: \Tools \PComm Admin \PC agendas \06132005.doc (06/13/05) Page 1 Anaheim Planning Commission Agenda - 2:00 P.M. Items Of Public Interest: Oath or Affirmation of Allegiance: New Planning Commissioner— Panky Romero. 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. 1 A.(a) Conditional Use Permit No. 2056 — Request for Termination (Tracking No. CUP2005- 04993) Agent: Said Abuqartoumy, The Car Man Auction, INC, 2920 East La Jolla, Anaheim, CA 92806 Project Planner: Location: 2920 East La Jolla Street. Kimberly Wong (kwong2 @anaheim. net) Request to terminate Conditional Use Permit No. 2056 (to permit a contractor's storage yard). Q. S. 131 Termination Resolution No. 1 B.(a) Variance No. 4209 — Request for Termination (Tracking No. VAR2005- 04657) Agent: Jack Jakosky, Jakosky Properties, 503 32"" Street, Suite 200, Newport Beach, CA 92663 Project Planner: Kimberly Wong Location: 5747 East Santa Ana Canyon Road. (kwong2 @anaheim.net) Requests to terminate Variance No. 4209 (waiver of prohibited roof- Q S. 185 mounted equipment to retain a roof - mounted satellite dish antenna in the Scenic Corridor Overlay Zone). Termination Resolution No. H: \Tools \PComm Admin \PC agendas \06132005.doc (06/13/05) Page 2 1C. ng Owner: Jack Jakosky, Jakosky Properties, 503 32 ntl Street, Suite 200, Newport Beach, CA 92663 Location: 5747 East Santa Ana Canyon Road. Request to terminate Conditional Use Permit No. 1608 (to permit on- sale beer and wine in a proposed restaurant), Conditional Use Permit No. 1727 (to permit sales of (a) beer and wine for on- premises consumption in a proposed restaurant, and (b) alcoholic beverages for on- premises consumption in a proposed restaurant, Conditional Use Permit No. 1735 (to permit sales of beer and wine for on- premises consumption in a proposed restaurant), Conditional Use Permit No. 3221 (to permit a veterinary clinic), Conditional Use Permit No. 2001- 04428 (to permit the expansion of an existing full - service restaurant, including outdoor dining areas and the continued sales of alcoholic beverages of on- premises consumption in conjunction with an existing commercial retail center) and Conditional Use Permit No. 2003 -04750 (to construct a full service restaurant with on- premises sales and consumption of alcoholic beverages, including outdoor dining, and roof - mounted equipment in the CL (SC) zone with waivers of maximum number of wall signs and minimum front setback adjacent to a scenic highway). Termination Resolution No. 1D.(a) General Plan Amendment No. 2004 -00420 (Tracking No. GPA2005- 00432) Agent: City of Anaheim, Planning Department, 200 South Anaheim Boulevard, Suite 162, Anaheim, CA 92805 Location: No Address. City- Initiated request to initiate a General Plan Amendment for the following: 1) Amend the City of Anaheim General Plan Circulation Element redesignating a segment of Cerritos Avenue from a Primary Arterial Highway with a typical with a typical right -of -way width of up to 120 feet to a Secondary Arterial Highway with a typical right -of -way width of up to 90 feet in width; and 2) Amend the City of Anaheim General Plan Circulation Element to provide for a segment of Gene Autry Way to be up to 170 feet in width to provide for the construction of the Gene Autry "Grand Parkway ". This segment of Gene Autry Way is designated as a primary arterial with a current typical right -of -way width of up to 120 feet. 1E. Receiving and approving the Minutes from the Planning Commission Meeting of June 1, 2005 (Motion) H: \Tools \PComm Admin \PC agendas \06132005.doc Project Planner: Kimberly Wong (kwong2 @anaheim. net) Q.S. 185 Project Planner: Vanessa Norwood (vnorwood @anaheim. net) Request for continuance to June 27, 2005 (06/13/05) Page 3 2a. 2b. 2c. Location: 802 -808 East Broadway, 801 East Santa Ana Street and 409 -421 South Vine Street. Property is approximately 2.3 acres, located on the west side of Vine Street between Broadway and Santa Ana Street. Variance No. 2005 -04652 - Request for waivers of (a) minimum front yard setback, (b) maximum and minimum building wall length, (c) improvement of public right -of -way, (d) type of parking spaces, (e) required parking lot landscaping, (f) maximum wall height, (g) minimum number of parking spaces, and (h) minimum interior setback to construct 60 -unit, 3 -story "affordable" apartment complex. Waiver of Council Policy No. 542 - Pertaining to sound attenuation for residential projects to construct 60 -unit, 3 -story "affordable" apartment complex. Petitioner requests Planning Commission review and recommendation to the Anaheim Redevelopment Agency of basic concept drawings for a 60- unit, "affordable" apartment complex. Variance Resolution No. 3a. CEQA NEGATIVE DECLARATION (PREVIOUSLY- APPROVED) 3b. CONDITIONAL USE PERMIT NO. 3732 (TRACKING NO. CUP2005- 04987) Owner: Vaskin Koshkerian, 10621 Equestrian Drive, Santa Ana, CA 92705 -0000 Agent: Bhupinder S. Mac, 1198 South State College Boulevard, Anaheim, CA 92805 Andrew Paszterko, Gasoline Retail Facilities Consulting, 2055 North Alvarado Street, Los Angeles, CA 90039 Location: 1198 South State College Boulevard. Property is approximately 0.52 -acre, located at the northeast corner of Ball Road and State College Boulevard Request to amend or delete conditions of approval pertaining to hours of operation and restrictions on packaging of beer and wine products in conjunction with a previously- approved conversion of a service station repair bay area within an existing service station to a convenience market with off - premises sale and consumption of beer and wine. Conditional Use Permit Resolution No. H: \Tools \PComm Admin \PC agendas \06132005.doc Project Planner: David See (dsee @anaheim.net) Q.S. 93 Project Planner: John Ramirez Qpramirez @anaheim. net) Q.S. 115 (06/13/05) Page 4 Agent: Elisa Stipkovich, Anaheim Redevelopment Agency, 201 South Anaheim Boulevard, Anaheim, CA 92805 4a. 4b. 4c. Owner: Stadium Land Partners, LLC, Brad Redelsperger, c/o Newport Federal, 4425 Jamboree, #250, Newport Beach, CA 92660 Agent: John Stanek, Integral Partners, 160 Newport Center Drive, Suite 240, Newport Beach, CA 92660 Location: 2045 South State College Boulevard. Property is approximately 3.8 acres with a frontage of 292 feet on the west side of State College Boulevard and located 337 feet north of the centerline of Orangewood Avenue (Gateway Centre Condominiums). Request to approve a Mitigated Negative Declaration prepared for the project and circulated for public /responsible agency review in compliance with the California Environmental Quality Act (CEQA) and the State and City of Anaheim CEQA Guidelines. The Draft Mitigated Negative Declaration is available for public review (May 19, 2005 until June 7, 2005) and copies of the document are available for review at the City of Anaheim Planning Department, 200 South Anaheim Boulevard, Anaheim CA 92805. Development Agreement No. DAG2005 -00006 - Request to recommend City Council adoption of Development Agreement between the City of Anaheim and Newport Federal for the Gateway Centre Condominium Project to construct a 266 -unit residential condominium project. Tentative Tract Map No. 16826 -To establish a 1 -lot, 266 -unit airspace attached residential condominium subdivision. Development Agreement Resolution No. H: \Tools \PComm Admin \PC agendas \06132005.doc Request for continuance to June 27, 2005 Project Planner: John Ramirez Qpramirez@anaheim. net) Q.S. 108 (06/13/05) Page 5 5a. CEQA Negative Declaration (Readvertisment) Request for continuance 5b. Reclassification No. 2004 -00141 to July 11, 2005 5c. Conditional Use Permit No. 2004 -04951 5d. Tentative Tract Map No. 16833 Owner: Marci Odon, 3117 West Ball Road, Anaheim, CA 92804 Agent: Walter Bowman, Bonanni Development, 5622 Research Drive, Huntington Beach, CA 92649 Location: 3117, 3121 and 3125 West Ball Road. Property is 1.4 acres, having a frontage of 198 feet on the north side of Ball Road located 741 feet east of the centerline of Western Avenue. Reclassification No. 2004 -00141 - Request reclassification of the property from the T (Transition) zone to the RM -3 (Residential, Multiple - Family) zone, or less intense zone. Conditional Use Permit No. 2004 -04951 — Request to permit a 16 -unit attached and detached single - family residential subdivision. Project Planner: Tentative Tract Map No. 16833 —To establish a 1 -lot 16 -unit attached Amy Vazquez and detached single - family residential subdivision. (avazquez @anaheim.net) Continued from February 7, 23, March 7, April 4, and May 2, 2005, Q.S. 10 Planning Commission meetings. SR RCL2004 -0141 050205 akv.doc Reclassification Resolution No. Conditional Use Permit Resolution No. Adjourn To Monday, June 27, 2005 at 10:00 A.M. for a tour of the Mountain Park Specific Plan Area and Preliminary Plan Review. H: \Tools \PComm Admin \PC agendas \06132005.doc (06/13/05) Page 6 M 4AIIy[aA11l?]z go] 2161-111zV I hereby certify that a complete copy of this agenda was posted at: 3:00 p.m. June 9. 2005 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: {Original sianed by Danielle C. Masciel} If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits and Variances will be final 22 days after Planning Commission action and any action regarding Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM PLANNING COMMISSION In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (714) 765 -5139. Notification no later than 10:00 a.m. on the Friday before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Recorded decision information is available 24 hours a day by calling the Planning Department's Automated Telephone System at 714. 765.5139. H: \Tools \PComm Admin \PC agendas \06132005.doc (06/13/05) Page 7 SCHEDULE 2005 June 27 July 11 July 25 August 8 August 22 11 September 7 (Wed) 11 11 September 19 11 October 3 October 17 October 31 November 14 November 28 December 12 II December 28 (Wed) II H: \Tools \PComm Admin \PC agendas \06132005.doc (06/13/05) Page 8 ITEM NO. 1 -A 4 S 69 62-6 MLl lReSj o 41 t lR s 01 `sERYM1 -1 NUpp1 n � D �� S P R EES n M2 Q - NA N� epse N A 7 c v oN 5P 62 y9 1581 CIA vvw ( nZ�� �Q ?10- cu? �P-�E g-oc. N-A N � N B ppY ( \ SP g4,169 1581 RG�-6 cu p p2162 PBF 89 19 4 SP 62 691 211 RG� c up 1942 15 GUP IBUTANGE SP 6269 �Bl GN a1J RO`WyEF CO . A 'J, OC1r p p 9 p9 CIA vvw ( (1i \ C g-oc. N-A N � �3 B ppY ( 9,09 1181 RG 04-- ?P,?- SP 9411 D�p2,09 f21) RG� 15 o G GDNST. . SP 04A Dp 100 ( RG�01Z p1.04334 1 -GU� 4 �5 GUP 1551 D U1GHM pN N n f y �v m Y mo o Conditional Use Permit No. 2056 Subject Property TRACKING NO. CUP2005 -04993 Date: June 13, 2005 Scale: 1"=200' Requested By: SAID ABUQARTOUMY Q.S. No. 131 REQUEST TO TERMINATE CONDITIONAL USE PERMIT NO. 2056 (TO RETAIN A CONTRACTOR'S STORAGE YARD). 2920 East La Jolla Street D 1879 �n y X0 9 Y 0 aN >4 T� N� Staff Report to the Planning Commission June 13, 2005 Item No. 1 -A 1 -A. REPORTS AND RECOMMENDATIONS a. CONDITIONAL USE PERMIT NO. 2056 - REQUEST FOR (Resolution) TERMINATION (Tracking No. CUP2005- 04993) SITE LOCATION AND DESCRIPTION: (1) This rectangularly- shaped, 1.12 -acre property has a frontage of 155 feet on the south side of La Jolla Street, a maximum depth of 314 feet and is located 194 feet west of the centerline of Red Gum Street (2920 East La Jolla Street). REQUEST (2) The property agent, S. Abuqartoumy has submitted the attached letter requesting termination of Conditional Use Permit No. 2056. BACKGROUND (3) The property is developed with an existing industrial building and is zoned SP94 -1 DA 1 (Northeast Area Specific Plan, Industrial Area). The property is also located within the Merged Anaheim Redevelopment Area. The Anaheim General Plan Land Use Element Map designates this property and surrounding properties for Industrial land uses. (4) Conditional Use Permit No. 2056 (to retain a contractor's storage yard) was approved by the Planning Commission on March 24, 1980. (5) Condition of approval no. 23 of Resolution No. PC2001 -112 (to permit an automotive repair (auto body) and towing facility with vehicle impound with waiver of minimum number of parking spaces (70 required, 13 proposed)) requires the termination of Conditional Use Permit No. 2056. (6) The property manager is requesting termination of this conditional use permit since this entitlement is no longer needed- RECOMMENDATION (7) Staff recommends that unless additional or contrary information is received during the meeting, and based upon the evidence submitted to the Planning Commission, including the evidence presented in this staff report, and oral and written evidence presented at the meeting that the Commission, by resolution, terminate Conditional Use Permit No. 2056. Srcup2056kw.doc Page 1 [DRAFT] RESOLUTION NO. PC2005 - * ** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 2056 (2920 EAST LA JOLLA STREET) WHEREAS, on March 24, 1980, the Anaheim Planning Commission, by its Resolution No. PC80 -54, grant Conditional Use Permit No. 2056 to retain a contractor's storage yard at 2920 East La Jolla Street; and WHEREAS, Said Abuqartoumy property agent, has submitted a letter requesting termination of Conditional Use Permit No. 2056 to comply with Condition of Approval No. 23 of Resolution No. PC2001 -112 for Conditional Use Permit No. 2001 -04399 (to permit an automotive repair (auto body) and towing facility with vehicle impound with waiver of minimum number of parking spaces) approved by the Planning Commission on August 13, 2001, since this entitlement is no longer needed. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby terminate all proceedings in connection with Conditional Use Permit No. 2056 on the basis of the foregoing findings. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 13, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on June 13, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 2005. IN WITNESS WHEREOF, I have hereunto set my hand this day of SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION Cr1PC2005 -0 -1- PC2005- Page 1 of 1 Attachment- R &R 1 -A Scott Koehm From: SAIDGT2 @aol.com Sent: Wednesday, June 23, 2004 12:28 PM To: Scott Koehm Subject: Re: Termination of CUP No. 2056 June 23, 2004 City of Anaheim 200 S. Anaheim Blvd. MS 162 Anaheim, CA 92805 Attn: Mr. G. Scott Koehm (Planner) Dear Mr. Scott, This letter is to request a termination of Conditional Use Permit No. 2056 (to retain a contractor's storage yard). If you have any questions, please feel free to call me at my cell # (714) 813 -4619. Sincerely, Said Abuqartoumy , 6/23/2004 ITEM NO. 1 -A / J�JPGr WA Y (SR -91) i GPI\ i C-G(SC) f O RCL 85 -86 -17 \ m RCL 78 -79-22 T -CUP 2000 -04206 CUP 3335 RCL 71 -72 -21 ( O CUP 2750 RCL 67 -68-55 VAR 3818 CUP 200404876 / p HANFORD HOTEL T -CUP 2003 -04809 o A J 0 CUP 2003 -04750 c N 1 r CUP 2001 -04428 m� CUP 2001-04406 n n CUP 2000 -04241 x� T -CUP 2000 -04200 D CUP 4067 -G (SC) CUP 4021 O RCL 71 -72 -21 CUP 3747 O RCL 67 -68 -55 CUP 3629 A RCL 65 -66 -17 CUP 3600 RCL 64 -65 -90 CUP 3221 CUP 200404876 CUP 2395 N } T -CUP 2003 -04809 CUP 2372 CUP 2003 -04750 CUP 3219 / CUP 2001 -04428 CUP 2348 CUP 2001 -04406 CUP 2261 = CUP 2000 -04241 CUP 1757 ' T -CUP 200 0 - 042 00; CANYON PLAZA CUP 1735 (7 CUP 4067 SHOPPING CENTER CUP 1727 CUP 4021 CUP 1608 CUP 3747 J � w CUP 3719 T -VAR 2005 -04657 VAR 4222 Q "' ¢ w CUP 3672 VAR 4209 a U CUP 3629 VAR 2836 z 0 CUP 3600 VAR 2802 Lu oz CUP 3221 VAR 2310 d za CUP 3219 (CUP 3383) ¢o CUP 2244 ( ) T U = T -VAR 2005 -04657 CUP 1616 I — y VAR 4222 VAR 4209 43 VAR 2310 VAR 2948 , (CUP 3383 fER (CUP 988 (VAR 30 ) lo g5 n l/ z N Q < N U. BALL PROPERTIES ARE IN THE (SC) (SCENIC CORRIDOR OVERLAY) ONE ¢ C6 W Variance No- 4209 Subject Property TRACKING NO- VAR2005 -04657 Date: June 13, 2005 Scale: 1"=200' Requested By: JACK JAKOSKY Q -S- No- 185 REQUEST TO TERMINATE VARIANCE NO- 4209 (WAIVER OF PROHIBITED ROOF - MOUNTED EQUIPMENT TO RETAIN A ROOF - MOUNTED SATELLITE DISH ANTENNA IN THE SCENIC CORRIDOR OVERLAY ZONE) - 5747 East Santa Ana Canyon Road 1878 Staff Report to the Planning Commission June 13, 2005 Item No. 1 -13 1 -B. REPORTS AND RECOMMENDATIONS a. VARIANCE NO. 4209 - REQUEST FORTERMINATION (Resolution) (Tracking No. VAR2005- 04657) SITE LOCATION AND DESCRIPTION: (1) This irregularly- shaped, 15 -acre property is located at the northeast corner of Santa Ana Canyon and Imperial Highway, with frontages of 1,095 feet on the north side of Santa Ana Canyon Road and 570 feet on the east side of Imperial Highway (5747 East Santa Ana Canyon Road). REQUEST (2) The property agent, J. Jakosky has submitted the attached letter requesting termination of Variance No. 4209. BACKGROUND (3) The property is developed with a commercial retail center and is zoned C -G (SC) (General Commercial; Scenic Corridor Overlay). The Anaheim General Plan Land Use Element Map designates this property for Neighborhood Commercial land uses. (4) Variance No. 4209 (waiver of prohibited roof - mounted equipment to retain a roof - mounted satellite dish antenna in the Scenic Corridor Overlay Zone) was approved by the City Council February 9, 1993. (5) Condition of approval no. 30 of Resolution No. PC2004 -105 (to construct a freestanding building consisting of five (5) commercial retail tenant spaces, roof - mounted equipment, and outdoor dining area in conjunction with an existing commercial retail center with waiver of the minimum number of parking spaces) requires the termination of Variance No. 4209. (6) The property agent is requesting termination of this variance since this entitlement is no longer needed. RECOMMENDATION: (7) Staff recommends that unless additional or contrary information is received during the meeting, and based upon the evidence submitted to the Planning Commission, including the evidence presented in this staff report, and oral and written evidence presented at the meeting that the Commission, by resolution, terminate Variance No. 4209. Srvar4209kw.doc Page 1 [DRAFT] RESOLUTION NO. PC2005 - * ** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION TERMINATING ALL PROCEEDINGS IN CONNECTION WITH VARIANCE NO- 4209 (5747 EAST SANTA ANA CANYON ROAD) WHEREAS, on March 24, 1980, the Anaheim City Council, by its Resolution No. PC80 -54, grant Variance No. 4209 waiver of prohibited roof - mounted equipment to retain a roof - mounted satellite dish antenna in the Scenic Corridor Overlay Zone; and WHEREAS, Jack Jakosky property agent, has submitted a letter requesting termination of Variance No. 4209 to comply with the Condition of Approval of No. 30 of Resolution No. PC2004 -105 for Conditional Use Permit No. 2004 -04876 (to construct a freestanding building consisting of five commercial retail tenant spaces, roof - mounted equipment, and outdoor dining area in conjunction with an existing commercial retail center with waiver of the minimum number of parking spaces) approved by the Planning Commission on September 20, 2004, since this entitlement is no longer needed. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby terminate all proceedings in connection with Variance No. 4209 on the basis of the foregoing findings. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 13, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on June 13, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 2005. IN WITNESS WHEREOF, I have hereunto set my hand this day of SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION Cr>,PC2005 -0 -1- PC2005- 7412712005 16:20 949 - 673 -2258 JAKOSKV PROPERTIES PAGE 02/02 Attachment- R &R 1 -B a� April 27, 2005 VIA FAX: (714) 765 -5280 John Ramirez Planning Department City of Anaheim 200 South Anaheim Blvd. Anaheim, CA 92803 RE: CONDITIONAL USE PERMIT # 2004 -04876 Dear John, Pursuant to Paragraph 30 of the Conditions to Approval for the above referenced CUP, the undersigned property owner hereby requests that the following previously approved CUP's and Variances affecting the shopping center be terminated: 1. Conditional Use Permit No. 2003 - 047,0 2. Conditional Use Permit No, 2001.e04-2&04+?—'R 3. Variance No. 4209 4. Conditional Use Permit No. 3221 5. Conditional Use Permit No. 1735 6. Conditional Use Permit No. 1727 7. Conditional Use Permit No, 1608 It is my understanding that your receipt of this request will complete the Planning Departments conditions and thus allow for a building permit to be pulled. If you have any questions or need any additional information please do not hesitate to contact me, Very Truly Yours, CANYON PLAZA, LLC t a 7 ck " Jakose Member cc: Debra Sands (849) 833 -1140 J; Conditional Use Permits 503 32ND STMT, SUITE 200 NWPORT B&ACf9. CALIFORNIA 9.2663 949 •673 -0500 FAX 949 - 673 -2259 ITEM NO. 1 -A REEWAy (SR 91) CA, 1' J 9 66 S c RIV ERSID EF � °G�°ryo o °o°�� ? a J EP�Y� < �cJ IGPt;o'\P� J 25 17 90 S r ,NT J 643 1 AZA NTER Q J Q W a C -G(SC) RCL 85 -86 -17 RCL 78 -79-22 T -CUP 2000 -04206 CUP 3335 CUP 2750 VAR 3818 HANFORD HOTEL W rc <Z az w ao zo oz >a z U y CUP 2001 -04428 CUP 2001 -04406 CUP 2000 -04241 T -CUP 2000 -0420( CUP 4067 CUP 4021 CUP 3747 CUP 3719 CUP 3672 CUP 3629 CUP 3600 CUP 3221 CUP 3219 CUP 2244 T -VAR 2005 - 04657? VAR 4222 VAR 4209 X 109 C -G (SC) RCL 71 -72 -21 RCL 67 -68 -55 T -CUP 2005 -04994 CUP 2004 -04876 T -CUP 2003 -04809 CUP 2003 -04750 CUP 2001 -04428 CUP 2001 -04406 CUP 2 0 00 -04 241 T -CUP 2000 -04200 CUP 4067 CUP 4021 CUP 3747 CUP 3629 CUP 3600 CUP 3221 CUP 2395 CUP 2372 CUP 3219 CUP 2348 PLAZA CUP 2261 CENTER CUP 1757 CUP 1735 CUP 1727 CUP 1 608 T -VAR 2005005-0 4657 VAR 4222 i C ( u L\ n 0 Ir C °A IC cN r M_ OO C) 0 A m m N V 1R 1V CUP 3383) CUP 1616) y it ALL PROPERTIES ARE IN THE (SC) (SCENIC CORRIDOR OVERLAY ZONE) 9 c N L Q �L Conditional Use Permit Nos. 1608, 1727, 1735, 3221 Subject Property 2001 - 04428, 2003 -04750 Date: June 13, 2005 TRACKING NO. CUP2005 -04994 Scale: 1"=200' Requested By: JACK JAKOSKY Q.S. No. 185 REQUEST TO TERMINATE CONDITIONAL USE PERMIT NO. 1608 (TO PERMIT ON -SALE BEER AND WINE INA PROPOSED RESTAURANT), CONDITIONAL USE PERMIT NO. 1727 (TO PERMIT SALES OF (A) BEER AND WINE FOR ON- PREMISES CONSUMPTION INA PROPOSED RESTAURANT, AND (B)ALCOHOLIC BEVERAGES FOR ON- PREMISES CONSUMPTION IN A PROPOSED RESTAURANT), CONDITIONAL USE PERMIT NO. 1735 (TO PERMIT SALES OF BEER AND WINE FOR ON- PREMISES CONSUMPTION IN A PROPOSED RESTAURANT), CONDITIONAL USE PERMIT NO. 3221 (TO PERMIT VETERINARY CLINIC), CONDITIONAL USE PERMIT NO. 2001 -04428 (TO PERMIT THE EXPANSION OF AN EXISTING FULL - SERVICE RESTAURANT, INCLUDING OUTDOOR DINING AREAS AND THE CONTINUED SALES OF ALCOHOLIC BEVERAGES FOR ON- PREMISES CONSUMPTION IN CONJUNCTION WITH AN EXISTING COMMERCIAL RETAIL CENTER), CONDITIONAL USE PERMIT NO. 2003 -04750 (TO CONSTRUCT FULL SERVICE RESTAURANT WITH ON- PREMISES SALES AND CONSUMPTION OF ALCOHOLIC BEVERAGES, INCLUDING OUTDOOR DINING, AND ROOF - MOUNTED EQUIPMENT IN THE CL(SC)ZONE WITH WAIVERS OF MAXIMUM NUMBER OF WALL SIGNS AND MINIMUM FRONT SETBACKADJACENT TO A SCENIC HIGHWAY). 5747 East Santa Ana Canyon Road 1880 Staff Report to the Planning Commission June 13, 2005 Item No. 1 -C 1 -C. REPORTS AND RECOMMENDATIONS a. CONDITIONAL USE PERMIT NOS. 1608. 1727. 1735. 3221. (Resolution) 2001 - 04428. AND 2003 -04750 — REQUEST FOR TERMINATION (Tracking No. CUP2005- 04994) SITE LOCATION AND DESCRIPTION: (1) This irregularly- shaped, 15 -acre property is located at the northeast corner of Santa Ana Canyon Road and Imperial Highway, with frontages of 1,095 feet on the north side of Santa Ana Canyon Road and 570 feet on the east side of Imperial Highway (5747 East Santa Ana Canyon Road). REQUEST (2) The property agent, J. Jakosky has submitted the attached letter requesting termination of Conditional Use Permit Nos. 1608, 1727, 1735, 3221, 2001 - 04428, and 2003 - 04750. BACKGROUND (3) This property is developed with a commercial retail center and is zoned C -G (SC) (General Commercial; Scenic Corridor Overlay). The Anaheim General Plan Land Use Element Map designates this property for Neighborhood Commercial land uses. (4) Conditional Use Permit No. 1608 (to permit on -sale beer and wine in a proposed restaurant) was approved April 12, 1976. (5) Conditional Use Permit No. 1727 (to permit sales of (a) beer and wine for on- premises consumption in a proposed restaurant, and (b) alcoholic beverages for on- premises consumption in a proposed restaurant) was approved by the Planning Commission July 6, 1977. (6) Conditional Use Permit No. 1735 (to permit sales of beer and wine for on- premises consumption in a proposed restaurant) was approved August 1, 1977. (7) Conditional Use Permit No. 3221 (to permit a veterinary clinic) was approved by the Planning Commission December 4, 1989. (8) Conditional Use Permit No. 2001 -04428 (to permit the expansion of an existing full - service restaurant, including outdoor dining areas and the continued sales of alcoholic beverages of on- premises consumption in conjunction with an existing commercial retail center) was approved by the Zoning Administrator July 26, 2001. Srcup1608kw.doc Page 1 Staff Report to the Planning Commission June 13, 2005 Item No. 1 -C (9) Conditional Use Permit No. 2003 -04750 (to construct a full service restaurant with on- premises sales and consumption of alcoholic beverages, including outdoor dining, and roof - mounted equipment in the CL(SC) zone with waivers of maximum number of wall signs and minimum front setback adjacent to a scenic highway) was approved by the Zoning Administrator September 4, 2003. (10) Condition of approval no. 30 of Resolution No. PC2004 -105 (to construct a freestanding building consisting of five (5) commercial retail tenant spaces, roof - mounted equipment, and outdoor dining area in conjunction with an existing commercial retail center with waiver of the minimum number of parking spaces) requires the termination of Conditional Use Permit Nos. 1608, 1727, 1735, 3221, 2001 - 04428, and 2003 - 04750. (11) The property manager is requesting termination of these conditional use permits since these entitlements are no longer needed- RECOMMENDATION (12) Staff recommends that unless additional or contrary information is received during the meeting, and based upon the evidence submitted to the Planning Commission, including the evidence presented in this staff report, and oral and written evidence presented at the meeting that the Commission, by resolution, terminate Conditional Use Permit Nos. 1608, 1727, 1735, 3221, 2001 - 04428, and 2003 - 04750. Page 2 [DRAFT] RESOLUTION NO. PC2005 - * ** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT NOS. 1608, 1727, 1735, 3221, 2001 - 04428, AND 2003 -04750 (5747 EAST SANTA ANA CANYON ROAD) WHEREAS, on April 12, 1976, the Anaheim Planning Commission did, by its Resolution No. PC76 -70 grant Conditional Use Permit No. 1608 to permit on -sale beer and wine in a proposed restaurant; and WHEREAS, on July 6, 1977, the Anaheim Planning Commission did, by its Resolution No. PC77 -162 grant Conditional Use Permit No. 1727 to permit sales of (a) beer and wine for on- premises consumption in a proposed restaurant, and (b) alcoholic beverages for on- premises consumption in a proposed restaurant); and WHEREAS, on August 1, 1977, the Anaheim Planning Commission did, by its Resolution No. PC77 -164 grant Conditional Use Permit No. 1735 to permit sales of beer and wine for on- premises consumption in a proposed restaurant; and WHEREAS, on December 4, 1989, the Anaheim Planning Commission did, by its Resolution No. PC89 -306 grant Conditional Use Permit No. 3221 to permit a veterinary clinic; and WHEREAS, on July 26, 2001, the Anaheim Zoning Administrator did, by its Decision No. ZA2001 -28 grant Conditional Use Permit No. 2001 -04428 to permit the expansion of an existing full - service restaurant, including outdoor dining areas and the continued sales of alcoholic beverages of on- premises consumption in conjunction with an existing commercial retail center; and WHEREAS, on September 4, 2003, the Anaheim Zoning Administrator did, by its Decision No. ZA2003 -34 grant Conditional Use Permit No. 2003 -04750 to construct a full service restaurant with on- premises sales and consumption of alcoholic beverages, including outdoor dining, and roof - mounted equipment in the CL(SC) zone with waivers of maximum number of wall signs and minimum front setback adjacent to a scenic highway; and WHEREAS, J. Jakosky has submitted a letter requesting termination of Conditional Use Permit Nos. 1608, 1727, 1735, 3221, 2001 -04428 and 2003 -04750 to comply with the Condition of Approval No. 30 of Resolution No. PC2004 -105 for Conditional Use Permit No. 2003 -04813 (to construct a freestanding building consisting of five commercial retail tenant spaces, roof - mounted equipment, and outdoor dining area in conjunction with an existing commercial retail center with waiver of the minimum number of parking spaces) approved by the Planning Commission on September 20, 2004, since these entitlements are no longer needed. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby terminate all proceedings in connection with Conditional Use Permit Nos. 1608, 1727, 1735, 3221, 2001- 04428, and 2003 -04750 on the basis of the foregoing findings. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 13, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION Cr1PC2005 -0 -1- PC2005- [DRAFT] STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on June 13, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 2005. IN WITNESS WHEREOF, I have hereunto set my hand this day of SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION Cr1PC2005 -0 -2- PC2005- 7412712005 16:20 949 - 673 -2258 JAKOSKV PROPERTIES PAGE 02/02 Attachment- R &R 1 -C a� April 27, 2005 VIA FAX: (714) 765 -5280 John Ramirez Planning Department City of Anaheim 200 South Anaheim Blvd. Anaheim, CA 92803 RE: CONDITIONAL USE PERMIT # 2004 -04876 Dear John, Pursuant to Paragraph 30 of the Conditions to Approval for the above referenced CUP, the undersigned property owner hereby requests that the following previously approved CUP's and Variances affecting the shopping center be terminated: 1. Conditional Use Permit No. 2003 - 047,0 2. Conditional Use Permit No, 2001.e04-2&04+?—'R 3. Variance No. 4209 4. Conditional Use Permit No. 3221 5. Conditional Use Permit No. 1735 6. Conditional Use Permit No. 1727 7. Conditional Use Permit No, 1608 It is my understanding that your receipt of this request will complete the Planning Departments conditions and thus allow for a building permit to be pulled. If you have any questions or need any additional information please do not hesitate to contact me, Very Truly Yours, CANYON PLAZA, LLC t a 7 ck " Jakose Member cc: Debra Sands (849) 833 -1140 J; Conditional Use Permits 503 32ND STMT, SUITE 200 NWPORT B&ACf9. CALIFORNIA 9.2663 949 •673 -0500 FAX 949 - 673 -2259 Staff Report to the Planning Commission June 13, 2005 Item No. 1 -D 1 -D REPORTS AND RECOMMENDATIONS a. CEQA EXEMPTION —SECTIONS 15061(B)(3) & 15262 (Motion) b. REQUEST FOR PLANNING COMMISSION TO INITIATE GENERAL PLAN (Motion) AMENDMENT NO. 2004 -00420 (Tracking No. GPA2005- 00432) SITE LOCATION AND DESCRIPTION (1) The proposed General Plan Amendment encompasses two street segments including a 0.67 - mile segment of Cerritos Avenue between State College Boulevard and Douglass Road and a 0.32 -mile segment of Gene Autry Way between Betmor Lane and State College Boulevard. REQUEST: (2) This is a City- initiated (Planning and Public Works Departments) request to consider initiation of an amendment to the City of Anaheim General Plan Circulation Element to: A) Redesignate a segment of Cerritos Avenue between State College Boulevard and Douglass Road from a Primary Arterial Highway to a Secondary Arterial Highway; and, B) To increase the maximum ultimate right -of -way width for a segment of Gene Autry Way between Betmor Lane and State College Boulevard to up to 170 feet to provide for the Gene Autry Grand Parkway design- DISCUSSION (3) Cerritos Avenue: Staff proposes that the segment of Cerritos Avenue between State College Boulevard and Douglass Road be redesignated from a Primary Arterial Highway to a Secondary Arterial Highway. This redesignation would be consistent with the Orange County Master Plan of Arterial Highways map which currently designates this segment of Cerritos Avenue as a Secondary Arterial Highway. The typical width of a Primary Arterial is between 106 to 120 feet, consisting of a six -lane divided roadway with no on- street parking or a four - lane divided roadway with left -turn pockets and on- street parking. The typical width of a Secondary Arterial Highway designation is 90 feet, consisting of four undivided lanes with on- street parking. The existing street width for this segment of Cerritos Avenue is 70 feet, consisting of a four lane undivided roadway with no on- street parking. (4) Gene Autry Way: Staff proposes to increase the ultimate right -of -way width for the segment of Gene Autry Way between Betmor Lane and State College Boulevard from 106 feet to up to 170 to provide for the design of the Gene Autry Grand Parkway. The Circulation Element Planned Roadway Network Map currently designates this segment of Gene Autry Way as a Primary Arterial Highway with an ultimate right -of -way width of 106 feet consisting of a six - lane divided roadway with no on- street parking. The current street width varies from 98 to 106 feet between Betmor and State College Boulevard. The General Plan Circulation Element currently provides for the extension of Gene Autry Way between State College Boulevard and Harbor Boulevard over the 1 -5 Freeway. The roadway will retain the Primary Arterial Highway designation. The increased width of 170 feet will be indicated on the Right - of-Way Exceptions List. The proposed Gene Autry Way Grand Parkway design would provide for enhancements to this connection between The Platinum Triangle and The SR_GPA2004- 004201rj Page 1 Staff Report to the Planning Commission June 13, 2005 Item No. 1 -E Anaheim Resort. Conceptual plans for this street call for a landscaped median island, two through traffic lanes in each direction, enhanced parkways with bikelanes, a one -way travel lane on each side of the street, on- street parking and wide sidewalks. Exhibits showing a conceptual street cross - section and an illustrative depiction of the Grand Parkway are provided as Attachment No. 1 to this staff report. Refinements to this design for the subject segment of Gene Autry Way are in progress and staff will provide a recommended cross - section to the Planning Commission prior to the public hearing on this item. At a future date, staff will bring forward more refined designs for the remaining segments of the Gene Autry Way Grand Parkway in The Anaheim Resort. (5) This General Plan Amendment will be scheduled for Planning Commission consideration in connection with Subsequent Environmental Impact Report No. 332 for The Platinum Triangle and other related actions. Staff anticipates that these items will be scheduled for the July 25, 2005, Planning Commission meeting. ENVIRONMENTAL IMPACT ANALYSIS: (6) This action initiates planning and feasibility studies under the Anaheim Municipal Code to evaluate the proposed general plan amendment proceedings, which will be considered by the Planning Commission and City Council at a later date. Staff recommends that the Commission find the above listed action exempt under CEQA Guidelines, Section 15061(b)(3), which states that CEQA applies only to projects which have the potential for causing a significant effect on the environment and by Section 15262 which exempts projects involving only feasibility or planning studies for possible future action- RECOMMENDATION (7) Staff recommends that, unless additional or contrary information is received during the meeting, and based upon the evidence submitted to the Planning Commission, including the evidence presented in this staff report, and oral and written evidence presented at the meeting, the Commission take the following actions: (A) By motion, determine that this action is exempt under CEQA Guidelines Sections 15061(b)(3) and 15262 since the environmental analysis of this action will occur in conjunction with the future public hearing on the proposed redesignation. (B) By motion, initiate an amendment to the City of Anaheim General Plan Circulation Element to (1) redesignate a segment of Cerritos Avenue between State College Boulevard and Douglass Road from a Primary Arterial Highway to a Secondary Arterial Highway; and 2) increase the maximum ultimate right -of -way width for a segment of Gene Autry Way between Betmor Lane and State College Boulevard to up to 170 feet to provide for the Grand Parkway design. This initiation would result in a scheduled public hearing before the Planning Commission and City Council at a later date. Page 2 [DRAFT] June 13, 2005 City of Anaheim Planning Department 200 South Anaheim Boulevard Anaheim, CA 92805 Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of June 13, 2005 . I i b: 7 :1:101 1 . 4 61 _ 1010 1 .4 :14161 L I L 10 0107-1 Ice] 0 6 D. General Plan Amendment No. 2005 -00420 (Tracking No. GPA2005- 00432) City Initiated Location: Citywide Request initiation of an amendment to the City of Anaheim General Plan Circulation Element to: A) Redesignate a segment of Cerritos Avenue between State College Boulevard and Douglass Road from a Primary Arterial Highway to a Secondary Arterial Highway; and, B) To increase the maximum ultimate right -of -way width for a segment of Gene Autry Way between Betmor Lane and State College Boulevard to up to 170 feet to provide for the Gene Autry Grand Parkway design. ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED), that the Anaheim Planning Commission has reviewed the proposal to initiate an amendment to the Circulation Element of the General Plan to redesignate a segment of Cerritos Avenue and increase the maximum ultimate right -of -way width of Gene Autry Way and does hereby approve the CEQA Statutory Exemption upon finding that the above listed action is exempt under CEQA Guidelines, Sections 15061(B)(3) and 15262, which exempts projects involving only feasibility or planning studies for possible future action. Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission does hereby approve initiation of General Plan Amendment 2005 -00420 to initiate an amendment to the Circulation Element of the General Plan to (a) redesignate a segment of Cerritos Avenue between State College Boulevard and Douglass Road from a Primary Arterial Highway to a Secondary Arterial Highway; and (b) to increase the maximum ultimate right -of -way width for a segment of Gene Autry Way between Betmor Lane and State College Boulevard to up to 170 feet to provide for the Gene Autry Grand Parkway design. Sincerely, Eleanor Morris, Senior Secretary Anaheim Planning Commission crG PA2004- 00420em.doc m m v G n n —. N 0 3 C D < v 3 m m � o o � � � n m ° m_ 3 o � 3 3 N m O a O A O 0 A N 0 m m Knott Street Western Avenue Beach Boulevard Dale Avenue Magnolia Avenue Gilbert Street Brookhurst Street Nutwood Street Euclid Street Ninth Street West Street Harbor Boulevard Haster Street Lewis Street St. College Boulevard I " -1 I I I Co D c o Q w n w. D 3 n m — d m x � w v, Knott Street Western Avenue Beach Boulevard Dale Avenue Magnolia Avenue Gilbert Street Brookhurst Street Euclid Street Harbor Boulevard Lemon StJ Anaheim Blvd. East Street State College Boulevard M Kraemer Z Boulevard Q D Miller Street Tustin Avenue Jefferson Street DO DO DTI n0 Am DO Dr DO Dr DO < s < < d o w < < < < w < c c io c c io c c o a w c io w 3 w s I miss rA a -� - juawgoe33v ITEM NO. 1 -A R VP 41 �8 a� 13 V q32 C) r A 13 N �N 21 (cRS 92.18 \1 1 1 9,3 7 00 00 J � R 89 00 0 6 V PR 143 R EN \GH o- � p y ��ro V.85 m N y�N l 0 m m R N� \ m .12 \ } VPR 43 g2 Y� VPRPR43 83 Z F \RM`E \GH UN O Z N m VPR A069 R 3 g4,05 \ 1 co UoMNUMS \ �'••' Np AL_pHP i . MENTi E �iT� one s� s LOP QM- 4 _.a�� rN VV IPA j ` 43 16 vP \ 4316 FIRM V PR 42 62 F RMe SPN7 P NIAP S1C / A N� F \RM Variance No. 2005 -04652 V W- 1 1 4 PR 42 0 \Np F\RM ® Subject Property Date: June 13, 2005 Scale: 1"=200' Requested By: ELISA STIPKOVICH Q.S. No. 93 REQUESTS WAIVERS OF: (A) MINIMUM FRONT YARD SETBACK (B) MAXIMUM AND MINIMUM BUILDING WALL LENGTH (C) DEDICATION AND IMPROVEMENT OF PUBLIC RIGHT -OF -WAY (D) TYPE OF PARKING SPACES (E) REQUIRED PARKING LOT LANDSCAPING (F) MAXIMUM WALL HEIGHT (G) MINIMUM NUMBER OF PARKING SPACES (H) MINIMUM INTERIOR SETBACK REQUEST FOR WAIVER OF COUNCIL POLICY 542 PERTAINING TO SOUND ATTENUATION FOR RESIDENTIAL PROJECTS TO CONSTRUCT A 60 -UNIT, 3 -STORY AFFORDABLE APARTMENT COMPLEX. 802 -808 East Broadway, 801 East Santa Ana Street, and 409 -421 South Vine Street D 1850 4 Date of Aerial Photo: May 2002 Variance No. 2005 -04652 ® Subject Property Date: June 13, 2005 Scale: 1"=200' Requested By: ELISA STIPKOVICH Q.S. No. 93 REQUESTS WAIVERS OF: (A) MINIMUM FRONT YARD SETBACK (B) MAXIMUM AAND MINIMUM BUILDING WALL LENGTH (C) IMPROVEMENT AND DEDICATION OF OF PUBLIC RIGHT -OF -WAY (D) TYPE OF PARKING SPACES (E) REQUIRED PARKING LOT LANDSCAPING (F) MAXIMUM WALL HEIGHT (G) MINIMUM NUMBER OF PARKING SPACES (H) MINIMUM INTERIOR SETBACK REQUEST FOR WAIVER OF COUNCIL POLICY 542 PERTAINING TO SOUND ATTENUATION FOR RESIDENTIAL PROJECTS TO CONSTRUCT A 60 -UNIT, 3 -STORY AFFORDABLE APARTMENT COMPLEX. 802 -808 East Broadway, 801 East Santa Ana Street, and 409 -421 South Vine Street 1850 Staff Report to the Planning Commission June 13, 2005 Item No. 2 2a. CEQA NEGATIVE DECLARATION (Motion) 2b. VARIANCE NO. 2005 -04652 (Resolution) 2c. WAIVER OF COUNCIL POLICY NO. 542 -SOUND ATTENUATION FOR RESIDENTIAL PROJECTS (Motion) SITE LOCATION AND DESCRIPTION: (1) The site consists of multiple properties with a combined area of approximately 2.1 acres and is located on the west side of Vine Street between Broadway and Santa Ana Street, with frontages of 125 feet on the south side of Broadway, 125 feet on the north side of Santa Ana Street, and 757 feet on the west side of Vine Street (802 - 808 East Broadway, 801 East Santa Ana Street, and 409 - 421 South Vine Street). REQUEST: (2) (3) The petitioner requests waivers of the following under authority of Code Section No. 18.74.040.010 to construct a 3 -story, 60 -unit, "affordable" apartment complex: (a) SECTION NO. 18.06.090.010.0102 Minimum front yard setback. (20 feet required along Broadway; 18 feet, 8 inches to 29 feet proposed) (b) SECTION NO. 18.06.090.060 Maximum and minimum building wall length. (Maximum 20 feet and minimum 12 feet required; 45 and 7 feet proposed) (c) SECTION NO. 18.40.060 Improvement of public right -of -way (8 foot parkway along Vine Street and Santa Street required; 5 foot parkway proposed) (d) SECTION NO. 18.42.030.020.0206 Type of parking spaces (Enclosed garages Lot permitted; 62 garage spaces proposed) (e) SECTION NO. 18.46.060 (f) SECTION NO. 18.46.110.030 (g) SECTION NO. 18.58.050.010 (h) SECTION NO. 18.58.060.010 Required parking lot landscaping (Landscape break required for every 10 parking spaces; no landscape breaks proposed) Maximum wall height. (8 feet high permitted; 14 feet high proposed along west property Fine) Minimum number of parking spaces (117 required; 106 proposed) Minimum interior setback (15 feet required; 9 feet, 6 inches to 17 feet, 4 inches proposed) The petitioner also requests approval to waive Council Policy No. 542 pertaining to sound attenuation for residential projects. SRvar2005- 04652d s.doc Page 1 Staff Report to the Planning Commission June 13, 2005 Item No. 2 BACKGROUND: (4) This property is currently zoned RM-4 (Multiple Family Residential) and the Anaheim General Plan designates this property for Medium Density Residential land uses. This property is located within the Merged Redevelopment Project Area and is currently developed with various commercial (along Broadway) and industrial uses such as a contractor's storage yard. Page 2 View of existing commercial buildings on Broadway Staff Report to the Planning Commission June 13, 2005 Item No. 2 View of existing industrial building on Vine Street DEVELOPMENT PROPOSAL: (5) The petitioner proposes to construct a 60 -unit, 3 -story "affordable" apartment complex. The proposed complex would consist of six separate buildings, attached garages, surface parking lots, a courtyard, laundry rooms, and two community centers. The site plan (Exhibit No. 1) indicates the following site information: Development Standards Proposed Project RM -4 Zone Standards Site Area 100,200 s.f. 2.1acres N/A Number of Dwelling Units d-u. 60 d.u. 83 d-u. max. Average Land Area per Dwelling Unit 1,670 s.f. /d.u. 1,200 s.f. /d.u. min. Lot Coverage 34.8% 65% max. Average Recreation /Leisure Area er Dwelling Unit 250 s.f. /d.u. (15,000 s.f. total) I 200 s.f. min. (12,000 s.f. I total Page 3 Staff Report to the Planning Commission June 13, 2005 Item No. 2 (6) The site plan further indicates the following site characteristics: Direction Proposed Structural Setbacks RM -4 Required Setbacks North adjacent to Broadway 18 - 24 feet* 20 feet East adjacent to Vine Street 16 — 27 feet 15 feet South adjacent to Santa Ana Street 22 — 34 feet ** 15 feet West adjacent to a railroad 10 — 15 feet 15 feet * Setback measured from ultimate right -of -way line as determined by the General Plan Circulation Element (45 feet from centerline of Broadway). ** Setback measured from ultimate right -of -way line as determined by the General Plan Circulation Element (30 feet from centerline of Santa Ana Street). Existing right -of -way width is 34.75 feet from the centerline of Santa Ana Street. (7) The unit plans (Exhibit Nos. 2, 3, and 4) indicate 60 two and three bedroom family apartments with eight different model types. Each unit consists of a kitchen, dining area, sleeping and living areas, bathroom, closet, and entry. The following chart enumerates the characteristics of each unit: Plan Floor Area s.f. Min. Floor Area Required s.f. Bedrooms Bathrooms A 854 825 2 1 B 849 825 2 1 C 1,212 1,000 3 2 D 1,055 1,000 3 2 E 1,067 1,000 3 2 F 942 825 2 1 G 827 825 2 1 H 851 825 2 1 (8) The building floor plans (Exhibit Nos. 5, 7, 8, 10, and 12) indicate the unit characteristics for each building as follows: Building No. of No. of units No. of garages Other Facilities Type Buildin s 100 2 13 8 - -- (each building) (each building — 16 total 200 2 18 16 (each building) (each building — 32 total 300 1 14 7 Community Center, Laundry Room 300B 1 15 7 Community Center, Laundry Room TOTAL 6 60 62 Page 4 Staff Report to the Planning Commission June 13, 2005 Item No. 2 (9) Vehicular access would be provided by four driveways from Vine Street. No vehicle access gates are proposed. Wrought iron fencing and pedestrian gates are proposed around the outdoor courtyard in the center of the property and adjacent to the walkways adjacent to Santa Ana Street and Broadway. The site plan (Exhibit No. 1) shows a total of 106 parking spaces for the entire apartment complex, consisting of 62 enclosed garage spaces and 44 surface parking lot spaces in the rear. Code Section No. 18.58.050.010 requires a minimum of 117 unenclosed spaces based on the following ratios: Required Parking Spaces Required Parking Spaces in Qualified Housing in Qualified Housing Development for Development for Unit Size Affordable Units Non - Affordable Units 1 bedroom 1.0 space per unit 1.5 spaces per unit 2 bedroom 1.5 spaces per unit 2.0 spaces per unit 3 bedroom 2.0 spaces per unit 2.5 spaces per unit 4 bedroom 2.0 spaces per unit 3.5 spaces per unit (10) The elevation plans (Exhibit Nos. 6, 9, 11, and 13) indicate two- and three -story apartment buildings with a maximum structural height of 35 feet. The plans indicate a Craftsman style of architecture with exterior building materials consisting of a stucco finish, painted wood siding, gable roofs with composition shingle roofing materials, tapered columns with a ledge stone veneer, and foam and wood trim elements. Code permits a maximum height of three stories or 40 feet. (11) The landscape plan (Exhibit No. 14) indicates a minimum 16 -foot wide landscape planter adjacent to Vine Street, consisting of 8 California Pepper trees, 22 Brisbane Box trees, 12 Crape Myrtle trees, shrubs, turf, hedges adjacent to the sidewalk, and ground cover. The plan also shows a minimum 22 -foot wide landscaped area along the south property line adjacent to Santa Ana Street with 4 Brisbane Box trees, 1 Crape Myrtle tree, shrubs, turf, and ground cover. The plan further indicates a minimum 18 -foot wide landscaped area along the north property line adjacent to Broadway with 4 Brisbane Box trees, 1 Crape Myrtle tree, shrubs, turf, and ground cover. A 4 -foot, 6 -inch wide landscaped area is proposed adjacent to the west property line abutting the railroad tracks with 35 Canary Island Pine trees, 25 Brisbane Box trees, clinging vines, and ground cover. Lastly, a common recreational courtyard area is proposed in the center of the property with 8 Chinese Fringe trees, trellis, barbeque area, benches, tot lot and playground, and picnic tables. All trees are proposed to be 24 -inch box in size. (12) No sign plans were submitted as part of this proposal. Code permits a 20 square foot identification sign for an apartment complex, including either a wall sign or a freestanding monument sign with a maximum height of 4 feet. (13) The site plan (Exhibit No. 1) indicates a new 14 -foot high block wall adjacent to the railroad tracks to reduce the sound levels of freight and passenger trains. Code permits 8 -foot high block walls located adjacent to railroad tracks. (14) The submitted letter of operation indicates that this 60 -unit affordable apartment complex would accommodate residents earning between 30% and 60% of the Area Median Income. The project will house an on -site manager's office and a professional property management company to manage leases, house rules, and parking rules. There will be an on -site security system and the community rooms and management office will be open during normal business hours, Monday through Friday, 8 a.m. to 6 p.m. There will also be a total of four on -site employees to oversee the daily apartment operations. Page 5 Staff Report to the Planning Commission June 13, 2005 Item No. 2 ENVIRONMENTAL IMPACT ANALYSIS: (15) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review in the Planning Department) and finds no significant environmental impact and, therefore, recommends that a Negative Declaration be approved upon a finding by the Planning Commission that the Negative Declaration reflects the independent judgment of the lead agency; and that it has considered the proposed 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- EVALUATION (16) The Anaheim General Plan Land Use Element Map designates this property for Medium Density Residential (MDR) land uses. The MDR designation allows for multiple - family residential developments, implemented by the RM -4 Zone, with a maximum density of 36 dwelling units per acre. The proposed 60 -unit apartment complex would be built at a density of 26 dwelling units per acre and would be in conformance with the permitted density as prescribed in the General Plan. (17) Waiver (a) pertains to minimum front yard setback. Code requires a minimum setback of 20 feet along Broadway and 18 to 29 feet is proposed. The petitioner has submitted the attached justification of waiver letter indicating that the property has size, configuration, and building envelope constraints that make it difficult to build a multiple family project without the need for waivers. Since the property has constraints such as a narrow lot depth, three street frontages, and close proximity to a railroad track, and since the overall average setback exceeds the required 20 -foot wide front setback requirement, staff concurs with this justification and recommends approval of this waiver request. (18) Waiver (b) pertains to maximum and minimum building wall length. Code requires a maximum and minimum building wall length of 20 feet and 12 feet, respectively, and 45 and 7 feet is proposed. The petitioner has submitted the attached justification of waiver letter indicating that the proposed project would be architecturally compatible with the surrounding residential uses and that this waiver is needed based on the physical constraints of the property. Staff concurs with this justification and feels that the project complies with the intent of this Code provision since the buildings are well articulated with varying wall and roof planes. Moreover, the project has been designed to conform to the guidelines and standards of the Anaheim Colony Historic District Preservation Plan adopted in 1999, the Affordable Housing Design Guidelines adopted in 1992, and the Community Design Element of the General Plan adopted in 2004. Page 6 Staff Report to the Planning Commission June 13, 2005 Item No. 2 (19) Waiver (c) pertains to improvement of public right -of -way. Public Works Standard Detail No. 160A requires a 30 -foot right -of -way width to the street centerline (18 -foot street/curb, 8 -foot parkway, and 4 -foot sidewalk) for Vine Street and Santa Ana Street. A 21 -foot wide street/curb, 5 -foot wide parkway, and 4 -foot wide sidewalk is proposed for Vine Street, and a 25 -foot, 9 -inch wide street/curb, 5 -foot wide parkway, and 4 -foot wide sidewalk is proposed for Santa Ana Street. Thus, a waiver is being requested for the street width on Santa Ana Street, and the parkway widths for both Santa Ana and Vine Streets. Broadway will be improved with a 32 -foot wide street/curb, 8 -foot wide parkway, and 5 -foot wide sidewalk in conformance with the Public Works standard. The petitioner has submitted the attached justification of waiver letter indicating that this waiver is being requested due to the narrow depth of the lot. The letter also states that a 5 -foot wide parkway would be consistent with other existing parkway widths in the surrounding Anaheim Colony Historic District neighborhood. Planning and Public Works Department staff concurs with this justification and recommends approval of this waiver request. (20) Waiver (d) pertains to type of parking spaces. Code does not permit enclosed garages for multiple family housing projects in the RM-4 zone, and 62 garage spaces are proposed. The petitioner has submitted the attached justification of waiver letter indicating that there are special circumstances applicable to this affordable housing project and that the developer, Mercy Services Corporation (MSC), will include an on -site management office to enforce strict lease provisions pertaining to the use of the garage spaces exclusively for parking purposes. Since the property has constraints such as a narrow lot depth, three street frontages, and close proximity to a railroad track, there is a lack of space to provide enough open parking spaces to meet Code; therefore, the applicant is proposing to provide enclosed parking spaces on the bottom level of each building in lieu of open spaces. Planning and Public Works Department staff concurs with this justification and recommends approval of this waiver request. (21) Waiver (e) pertains to required parking lot landscaping. Code requires a 5 -foot wide landscape break every 10 parking spaces and no landscape breaks are proposed. The petitioner has submitted the attached justification of waiver letter indicating that the property has size, configuration, and building envelope constraints that make it difficult to build a multiple family project without the need for waivers. Since the property has constraints such as a narrow lot depth, three street frontages, and close proximity to a railroad track, staff concurs with this justification and recommends approval of this waiver request. (22) Waiver (f) pertains to maximum wall height. Code permits a maximum wall height of 8 feet and a 14 -foot high block wall is proposed along the west property line adjacent to a railroad track. The petitioner has submitted the attached justification of waiver letter indicating that the property has size, configuration, and building envelope constraints that make it difficult to build a multiple family project without the need for this wall height waiver. The letter also states that a 14 -foot wall height is necessary in order to mitigate train noise along the west property line. The wall would be similar to the sound wall constructed to buffer residences on the opposite side of Broadway from train noise. Staff concurs with this justification and recommends approval of this waiver. Page 7 Staff Report to the Planning Commission June 13, 2005 Item No. 2 (23) Waiver (g) pertains to minimum number of off street parking spaces. Code requires 117 unenclosed spaces and plans indicate a total of 106 spaces, including 62 enclosed garage spaces. The petitioner has submitted a parking letter dated March 1, 2005 (attached) prepared by the Community Development Department. The letter was reviewed and approved by the City Traffic and Transportation Manager based upon the findings and conclusions contained in an "Affordable Housing Parking Incentive Report" prepared by LSA Associates, Inc., in 2003. This study concludes that the parking demand for affordable housing projects are less than market rate apartment complexes based on a lower auto ownership for the lowest income bracket out of the three income levels analyzed in the report. The study concludes that auto ownership per person rises proportionately with rising income strata. The study also concludes that the high cost of off - street parking raises the cost of residential projects, reduces the density of these projects, and reduces the developer's incentive to building affordable housing. The study also further recommends that in exchange for less parking for this affordable housing project than existing Code requirements, as described in paragraph no. (9), that certain conditions and restrictions be imposed on the development. These restrictions include the following: • Dwelling unit occupancy restrictions • Provision of transportation - related on -site amenities such as bicycle lockers, bus passes, kiosks with transportation information, and an on -site manager to assist residents with alternative transportation modes. • Provision of other on -site amenities such as laundry facilities, day care amenities, convenience store, telephone or internet access, and community gathering areas. (24) The developer is applying for approval for the parking waiver under the new affordable housing ordinance (AMC Section 18.58), but proposes to apply an affordable unit parking standard which does not conform to Code requirements. Except for the overall minimum number of parking spaces, the project complies with all other affordable multiple family parking provisions, including occupancy restrictions, on -site management, being located within 1 /4 mile of a high service transportation corridor, and proximity to service amenities. But the project does not comply with the provision that rents must not exceed 30 percent of the 50 percent of the area median income under Section 18.58.020.020. Due to the State of California Tax Credit financing requirements, 50 percent of the units will be affordable at 30 percent of 60 percent of area median income, which does not comply with the technical rent criteria to qualify for the affordable parking incentive in this section. However, the project will be 100 percent affordable, and a parking waiver is being requested to use the affordable parking standard for all units within the project. (25) Waiver (h) pertains to minimum interior setback. Code requires a minimum setback of 15 feet along the west property line and 9 to 17 feet is proposed. The petitioner has submitted the attached justification of waiver letter indicating that the property has size, configuration, and building envelope constraints that make it difficult to build a multiple family project without the need for waivers. Since the property has constraints such as a narrow lot depth, three street frontages, and close proximity to a railroad track, staff concurs with this justification and recommends approval of this waiver request. Page 8 Staff Report to the Planning Commission June 13, 2005 Item No. 2 (26) The Housing Element of the City's General Plan identifies this property as a "Housing Opportunity Site" with a density range of 19 to 36 units per acre. The City regional housing need share during the planning period, from 1998 to 2005, is 11,508 units. Overall, the Housing Element identified 154 housing opportunity sites throughout the City with appropriate density ranges to accommodate 16,048 to 20,841 housing units. The State Department of Housing and Community Development (HCD) has found the City's Housing Element to be in compliance with State Law. The finding of compliance was conditioned upon successful completion of the City's commitment to rezone identified housing opportunity sites to a medium density residential zoning classification (RM -4). If sites are not designated in time to allow development to occur within the planning period (1998 to 2005), the Housing Element would no longer demonstrate sufficient and adequate sites and must be promptly amended to identify and designate alternative sites. This variance request would promote the goals of the Housing Element, and if approved, would result in the construction of 60 "affordable" multi - family dwelling units on the subject property. (27) The applicant requests approval for waiver of Council Policy No. 542 pertaining to sound attenuation for residential projects. This Policy states the following: "It is the policy of the City Council that a noise level analysis shall be performed for any proposed residential development located within 600 feet of any existing or adopted freeway, expressway, major arterial highway, primary arterial highway or railroad and that the Planning Commission be authorized to waive specific requirements, subject to appeal to the City Council. The following noise attenuation features shall be incorporated in these residential developments as required to reduce the noise levels as indicated. No habitable residential structure shall be located less than 100 feet from a railroad track. In all residential developments located within 600 feet of a railroad track, there shall be a sound barrier which will provide line -of -site shielding from all points 8 feet above the tracks to the eaves of all habitable structures located within 600 feet of the tracks. The sound barrier shall consist of an earth berm, a masonry wall, or a combination thereof. A masonry wall, which is used as a sound barrier, shall be no more than 6 feet high. Where vehicular or pedestrian access through the barrier is permitted, gates or baffles may be provided, however, said access shall be designed to minimize sound transmission. Residential structure shall be designed to limit the interior noise caused by motor vehicles or railroad trains to a maximum of 45 dB CNEL on an annual basis in any habitable room with windows closed. Proper design may include, but shall not be limited to, building orientation, double or extra - strength windows, wall and ceiling insulation and orientation and insulation of vents. Where it is necessary that windows be closed in order to achieve the required level, it shall be provided for ventilation/cooling to provide a habitable environment." Page 9 Staff Report to the Planning Commission June 13, 2005 Item No. 2 (28) As indicated in the attached noise analysis summary, all 60 apartment units are proposed to be in close proximity to the railroad track. The study concludes that exterior living areas would be exposed to worst case noise levels of 84 dB based on long term noise measurements. In order to conform to the 65 dB noise criterion in outdoor living areas and 45 dB for indoor living areas, the study recommends that a 14 -foot high block wall barrier be constructed along the west property line. Staff recommends approval of this request to waive the sound attenuation policy to allow a sound barrier greater than 8 feet in height (and a concrete masonry wall greater than 6 feet in height) to adequately attenuate the proposed 60 -unit "affordable" apartment complex. (29) A majority of the future housing opportunity sites in the City, as identified in the Land Use and Housing Elements of the General Plan, would be located adjacent to major arterials, railroad tracks, and freeways. To apply more appropriate noise standards to future housing projects, Planning Services Division staff is in the process of drafting an amendment to this Council Policy pertaining to sound attenuation for residential projects. This amendment will be agendized for Planning Commission review next month- FINDINGS (30) Section 18.42.110 of the parking ordinance sets forth the following findings which are required to be made before the parking waivers are approved by the Planning Commission: (a) That the variance, under the conditions imposed if any, 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; (b) That 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; (c) That the variance, under the conditions imposed if any, 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 subsection 18.42.050.030 (Non - Residential Uses — Exception); (d) That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off - street parking areas or lots provided for the proposed use; and (e) That the variance, under the conditions imposed if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. Unless conditions to the contrary are expressly imposed upon the granting of any variance pursuant to this section, the granting of the variance shall be deemed contingent upon operation of the proposed use in conformance with the assumptions relating to the operation and intensity of the use as contained in the Parking Demand Study that formed the basis for approval of the variance. Exceeding, violating, intensifying or otherwise deviating from any of the assumptions as contained in the Parking Demand Study shall be deemed a violation of the express conditions imposed upon the variance, which shall subject the variance to revocation or modification pursuant to the provisions of Section 18.60200 (City- Initiated Revocation or Modification of Permits). Page 10 Staff Report to the Planning Commission June 13, 2005 Item No. 2 (31) When practical difficulties or unnecessary hardships result from strict enforcement of the Zoning Code, a modification may be granted for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone. The sole purpose of any variance is to prevent discrimination and none shall be approved which would have the effect of granting a special privilege not shared by other similar properties. Therefore, before any variance is granted by the Commission, it shall be shown: (a) That there are special circumstances applicable to the property such as size, shape, topography, location or surroundings, which do not apply to other identically zoned properties in the vicinity; and (b) That strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity. (32) Section 18.58.110 of the "Affordable Multiple Family Housing Development" ordinance sets forth the following findings which are required to be made before an affordable housing project is approved by the Planning Commission. (a) That the Qualified Housing Development will be compatible with the scale and character of the existing neighborhood and nearby land uses. (b) That the Qualified Housing Development will preserve the integrity and character of the zoning district and the General Plan. (c) That the Qualified Housing Development will be consistent with design guidelines established for affordable housing and will comply with all affordability requirements- RECOMMENDATION (33) Staff recommends that, unless additional or contrary information is received during the meeting, and based upon the evidence submitted to the Commission, including the evidence presented in this staff report, and oral and written evidence presented at the public hearing, the Commission aoorove the applicant's request by adopting the attached resolution including the findings and conditions of approval contained therein. Page 11 [DRAFT] RESOLUTION NO. PC2005 ="" A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 2005 -04652 BE GRANTED WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Variance for certain real property situated in the City of Anaheim, County of Orange, State of California described as: LOTS 1 AND 2 IN BLOCK H OF THE LORELEI TRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 29, PAGE 24, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY CALIFORNIA. LOT 3 IN BLOCK "H' OF LORELEI TRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 29, PAGE 24, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY CALIFORNIA. LOTS 4, 5, 6, 7, 8, 9, 10, 11 AND 12 IN BLOCK "H" OF THE LORELEI TRACT, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 29, PAGE 24, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY CALIFORNIA. LOTS 13, 14 AND 15 IN BLOCK "H" OF THE LORELEI TRACT, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 29, PAGE 24, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY CALIFORNIA. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 13, 2005, at 2:00 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 variance 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: That the petitioner proposes waivers of the following to construct a 3 -story, 60 unit affordable apartment complex: (a) SECTION NO. 18.06.090.010.0102 Minimum front yard setback. (20 feet required along Broadway; 18 feet, 8 inches to 29 feet proposed). (b) SECTION NO. 18.06.090.060 Maximum and minimum building wall length. (Maximum 20 feet and minimum 12 feet required; 45 and 7 feet proposed). (c) SECTION NO. 18.40.060 Improvement of public right of way (8 foot parkways along Vine Street and Santa Ana Street required; 5 foot parkway proposed). (d) SECTION NO. 18.42.030.020.0206 Tvpe of parking spaces (Enclosed garages not permitted; 62 garages proposed). CR \PC2005 -0 -1- 1*k1Ir7rY (e) SECTION NO. 18.46.060 (f) SECTION NO. 18.46.110.030 (g) SECTION NO. 18.58.050.010 (h) SECTION NO. 18.58.060.010 Required parking lot landscaping (Landscape break required for every 10 parking spaces; no landscape break proposed). Maximum wall height. (8 feet high permitted; 14 feet high proposed). Minimum number of parking spaces (117 required; 106 proposed). Minimum interior setback (15 feet required; 9 feet, 6 inches to 17 feet 4 inches proposed). 2. That the above - mentioned waivers are hereby granted on basis that there are special circumstances applicable to the property such as size, shape, topography, location and surroundings which do not apply to other identically zoned property in the same vicinity; and that strict application of the Zoning Code deprives the property of privileges enjoyed by other properties in the identical zone and classification in the vicinity. 3. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property, including constraints such as a narrow lot depth, three street frontages, and close proximity to a railroad track, that do not apply generally to the property or class of use in the same vicinity and zone. 4. That the requested variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the property in question. 5. That the requested variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. That * * ** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim Planning Commission has reviewed the proposal to construct a 3 -story, 60 unit affordable apartment complex and does hereby find that the Negative Declaration previously approved in connection with this Variance is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Variance, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the City of Anaheim Sewer Impact Mitigation fee for the Old Town Basin 8 Area shall be paid. 2. That as a condition of the abandonment of the existing northerly alley, the legal property owner shall relocate the existing sewer and reserve an easement for public sewer purposes. 3. That the property owner shall irrevocably offer to dedicate to the City of Anaheim an easement 45- feet in width (5' feet additional dedication from existing right -of -way) from the construction centerline of the street -2- PC2005- along Broadway for road, public utilities and other public purposes. Corner cut -off dedications are also required on Vine Street at Broadway and Santa Ana Street. 4. That the applicant shall submit to the Public Works Department Development Services Division for review and approval a Water Quality Management Plan that: • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. • Incorporates Treatment Control BMPs as defined in the DAMP. • Describes the long -term operation and maintenance requirements for the Treatment Control BMPs. • Identifies the entity that will be responsible for long -term operation and maintenance of the Treatment Control BMPs, and • Describes the mechanism for funding the long -term operation and maintenance of the Treatment Control BMPs. 5. That 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. 6. That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 115. Said information shall be specifically shown on plans submitted for building permits. 7. That gates shall not be installed across the driveway in a manner which may adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan No. 475 and shall be subject to the review and approval of the City Traffic and Transportation Manager prior to issuance of a building permit. 8. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval in conformance with the Engineering Standard No. 115 pertaining to sight distance visibility for the sign or walltfence locations. 9. That plans shall be submitted to the City Traffic 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 and maintained in conformance with said plans. 10. That no required parking area shall be fenced or otherwise enclosed for storage uses 11. That no compact parking spaces shall be permitted. 12. That an on -site trash truck turn around area shall be provided per Engineering Standard Detail No. 476 and shown on plans as required by the Department of Public Works, Sanitation Division. Said information shall be specifically shown on plans submitted for building permits. 13. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said -3- PC2005- Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum 1- gallon size clinging vines planted on maximum 3 -foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 14. 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. 15. That the locations for future above - ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments. 16. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities Department. 17. That all existing water services and fire lines shall conform to current Water Services Standards Specifications- Any water service and /or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner /developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 18. That since this project has landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed and comply with City Ordinance No. 5349 and Chapter 10.19 of Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. 19. That prior to application for water meters, fire line or submitting the water improvement plans for approval, the developer /owner shall submit to the Public Utilities Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off -site water system improvements required to serve the project shall occur in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations. 20. That the property owner /developer shall install street lights on Vine Street as required by the Electrical Engineering Division. A bond for the installation of the street lights shall be posted with the City of Anaheim. The street lights shall be installed prior to occupancy. 21. That the property owner /developer shall provide the City of Anaheim with a public utilities easement to be determined as electrical design is completed. 22. That any required relocation of City electrical facilities shall be at the developer's expense. Landscape and /or hardscape screening of all pad mounted equipment shall be required and shall be shown on plans submitted for building permits. 23. That the entire property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty -four (24) hours from time of occurrence. 24. That any tree planted on -site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and /or dead. 25. That if required by the Urban Forestry Division of the Community Services Department, street trees shall be installed, by the property owner, within the public right -of -way adjacent to Broadway, Vine Street, and -4- PC2005- Santa Ana Street. The size, type and number of trees shall be provided to the satisfaction of the Urban Forestry Division of the Community Services Department. 26. That all air conditioning apparatus and other roof and ground- mounted equipment shall be properly shielded from view and the sound buffered from adjacent residential properties and the public right-of-way- Such information shall be specifically shown on the plans submitted for building permits. 27. That all dwelling units shall be assigned street addresses by the Building Division. 28. The applicant shall agree to construct, operate and maintain the Affordable Units in accordance with a written "Affordability Agreement" between the applicant and the City, in a form acceptable to the City Attorney and Community Development Department, duly executed and acknowledged by the applicant and the City, and recorded against the subject property in the official records of Orange County, California. The Affordable Units shall be subject to the requirements of the Affordability Agreement for a period of fifty -five (55) years, beginning on the date a certificate of occupancy is granted for the Affordable Units. 29. That clinging vines shall be installed on the masonry wall adjacent to the railroad tracks and shall be permanently maintained in an orderly fashion. Such information shall be specifically shown on the plans submitted for building permits. 30. That final landscape and fencing plans for the subject property shall be submitted to the Planning Department for review and approval. Said plans shall show minimum 24 -inch box size trees, shrubs, groundcover, and clinging vines to be planted in layers adjacent to the sound wall along the west property line adjacent to the railroad tracks. Any decision made by the Planning and Community Development Departments regarding said plan may be appealed to the Planning Commission. All trees shall be properly and professionally maintained by the property owner to ensure mature, healthy growth. Such information shall be specifically shown on the plans submitted for building permits. 31. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 14, and as conditioned herein. 32. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 8, 9, 10, 14, 15, 16, 17, 20, 21, 22, 23, 24, 28, 29, and 30, above - mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 33. That prior to final building and zoning inspections, Condition Nos. 5, 7, 22, 27, and 31, above - mentioned, shall be complied with. 34. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the 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 -5- PC2005- 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 June 13, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, 'Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on June 13, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2005. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -6- PC2005- SECTION 4 APPLICANT'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER Attachment- Item No. 2 (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: 18.58:020.020 & 18.58.050.010 (A separate statement is required for each Code waiver) ` PERTAINING TO: Definition of Affordable Rent and Affordable Parking Ratios Sections 18.74.060 of the Anaheim Municipal Code requires that before any variance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: That there are special circumstances applicable to the property, including size, shape, topography, locatipn or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of [he following questions regarding the property for which a variance is sough[, fully and as completely as possible. If you need additional space, you may attach additional pages. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? X Yes _ No. If your answer is "Yes," describe the special circumstances: e` 2. 3. 4. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the same zone as your property? X Yes _ No If your answer is "yes; 'describe how the property is different; Tnr nroooved aere~onmem win tie nror~ssiooaiiv m~r~~~a ~~d..au Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within thesame zone? X Yes _No If your answer if "yes; 'describe the special circumstances: Tn~ nroocrfv i, tocntcd in a Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? X Yes _ No 'The sole purpose ~ is ode waiver shall be to prevent discrimination, and no variance or Code waiver shall be of granting a special privilege not shared by other property in the same vicinity and zone rized by zone regulations governing subject property. Use variances are not permitted. 4.26•oS CONDITIONAL USE PERMIT/VAR(ANCE NO. _ 2 VAR NO of Authorized Agent Dale 2D05-04652 SECTION APPLICANT'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER Attachment- Item No. 2 (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: Citv Council Policy No. 542 (A separate statement is required for each Code waiver) PERTAINING TO: Sound attenuation for developments near railroad tracks Sections 18.74.060 of the Anaheim Municipal Code requires that before any variance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the Following shall be shown:. I. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additionatspace, you may attach additional pages. I. Are there special circumstances that apply to the propertyin matters such as size; shape, topography, location or surroundings? X Yes _ No. If your answer is "Yes," describe the special circumstances: n,ashbia~e oroacnv. .v w...• .. •~...~... ... ~.. ter.. uu-v I-11, VII,. VI 11111'V. 2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the same zone as your property? X .Yes No If your answer is "yes," describe how [he property is different: A, seared anovo. rhls mm~errv. ankke those mm~cn c~caltd 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? X Yes _No If your answer if "yes; 'describe the special circumstances: ew~t concttucleJ houvine cxises imm~~iotely across Broadevav f'ror v mr v vc~ cmcnu. 4. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? X Yes _ No EXPLAIN Thc rcionc of rhi v nrnnrnv m n rr<idrnrini ucn umc ~ni,im.d by r6.. G,.d ...L...~.,..~, e. .,,-,.....d ,...........i ~....~.., r ._ -- _m_~ ._ The sol ur-pose of an ariance r Code waiver shall be [o prevent discrimination, and no variance or Code waiver shall be approv d wou • ve the ffect of granting a special privilege not shared by other property in the same vicinity and zone which s no othe see res y authorized by zone regulations governing subject propetty. Use variances are not permitted.. 4-Z~ • os Signature of Pr p rty Owner or Authorized Agent Date CONDITIONAL USE PERMIT/VARIANCE NO. 9 VAR ~0. 2005 - 0 4 b~ 2 SECTION 4 APPLICANT'S STATEMENT OF Attachment -Item No. 2 JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) :REQUEST FOR WAIVER OF CODE SECTION: 18.06:090.060 (A separate statement is required for each Code waiver) ..PERTAINING TO: Wall Leneth ..Sections 18.74.060 of the Anaheim Municipal Code requires that before anyvariance or Code waiver may Ge grantedby the 'Zoning Administrator or Planning Commission, the following shall be shown: I . That there are special circumstances applicable to the property, including size, shape; topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity, In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? X Yes _ No: If your answer is "Yes;' describe the special circumstances: 2. Are the special circumstances that apply to the property different from other properties'in the vicinity which are in the same zone as your property? X Yes No If your answer' is "yes," describe how the propertyis different: Tne oruncrly ~s to~~ uaa nartuw ~~d ;~ aajoceni to m~ m;im,a aaek Multiple Family Houaine ON;nances which dfctale a mini , um 12 Feet and ma<imum 1u Feet w•ml lene~h reowremrnC 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? X Yes _No If your answer if "yes," describe the special circumstances: Thcuroncnvis ~ocared fn an esisiine reafdent;at nefehburnoua w;th resid •ntiol true mho ~in ~ ~imilnr d ~ign fcaturea as the orunused nroicct in I d'ne w Ila u•i~h leas than a minimum of 12 Feet a d arcmcr ih~n ~n feel 4. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? X Yes _ No ~~/~c1! 4.26.05 Signature 9~ P operty Owne r Authorized Agent Date CONDITIONAL USE PERMIT/VARIANCE NO 3 VAR gyp, ZA05 - 0 4 6 5 2 p o of any vari Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be hich uld hay the a ct of granting a special privilege not shared by other property in the same vicinity and zone t othe ise ex essly uthorized by zone regulations governing subject property. Use variances are not permitted. SECTION ~ APPLICANT'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER Attachment- Item No. 2 (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: 18.40.060.020 & .030 (A separate statement is required for each Code waiver) PERTAINING TO: Dedication & Improvements along Vine Street and Santa Ana Sections 18.74.060 of the Anaheim Municipal Code requires that before any variance or Code waiver may be granted by the Zoning Administrator or Planning Commission; the following shall be shown: 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed byother property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist; and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages: 1. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? X Yes _ No. 1 f your answer is "Yes," describe the special circumstances: 7hc subim mm~em• is ions and namow• nna mo mn¢th mns alone n mitr 2. Are the special circumstances that apply to the property different from othet properties in the vicinity which are in the same zone as your property? X Yes _ No If your answer is "yes," describe how the property is different: The sahiect nroncm is aonmsimately tzs r~•et •n aemh between vino Str •t and the '1 •m mm~erty lin • ~hich i ~ consid •mbly les • than th • d •oth of nei~hboriny omn •rti •s For examole the enies immediately ucro the street nn Vme arc annroximately 155 feet in dcoth 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? X _Yes _No If your answer if "yes," describe the special circumstances: As stated inn± above. me sohicct nron •rtys conader my arrower than surtoundine oroncrties Ac a tesuh the devcloomenl is constmincd in mectine the dedications and imom ~emcn[s nlon cnnm An nd Vine Street 4. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? X Yes _ No EXPLAIN Thc rcrone of this orco •rrv to ~ mideminl use nvs initiated by the Red ~elonment A~encv in an etTon to ensure land use compatibility ith Flt r[nunaine ukw mtd the Grneml Plan The urp a of y va ' nee Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be appr vt:d wh~ch uld hay the of ect ofgranting a special privilege not shared by other property in the same vicinity and zone whi is of erw' exp essly uthorized by zone regulations governing subject property. Use variances are not permitted. ~•Zto•OS Signature of Pr perty Owner or Authorized Agent Date CONDff[ONAL USE PERMIT/VARIANCE NO. 4 VAR gyp, 2A05 - 0 4 b 5 Z SECTION 4 APPLICANT'S STATEMENT OF Attachment -Item No. 2 JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: 18.06. (00.030 (A separate statement is required for each Code waiver) PERTAIN WG TO: Recurred Storase Areas Sections 1$.74:060 of the Anaheim Municipal Code requires that before any variance or Cade waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: I. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. ]n order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. I . Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? X Yes _ No. Ifyour answer is "Yes; 'describe the special circumstances:: me sabieet oronem is lone and narrow. in;d the lenatn runs Mona a raiirond 2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the same zone as your property? X Yes ~ No - Ifyour answer is "yes;' describe how the property is requirement underthe Citv's Multiple Familv0 dinance hickdictatesa minimum lOU cubic l"eet peru it reauisment 3. Do the special circumstances applicable to the property deprive i[ of privileges currently enjoyed by neighboring properties located within the same zone? X Yes _No _ Ifyour answer if "yes," describe the special circumstances: The subicct nronenv is con'idemhly nano •er thnn urronndina nropenies 4. rCgUlremeal%1. The urpose of an v anc or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be ap ove hich wool a the ffect of granting a special privilege not shared by other property in the same vicinity and zone wh his ex ressl authorized by zone regulations governing subject property. Use variances are not permitted: 4. zc~ ~ 05 Signature of ro erty Owner or Authorized Agent Date CONDITIONAL USE PERMIT/VARIANCE NO. a LIAR ~Q, 2005-04652 Were [he special circumstances created by causes beyond the control of the property owner (or previous property owners)? X Yes No SECTION 4 APPL{CANT'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER Attachment -Item No. 2 (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: 1.8.42.030.020:0206 (A separate statement is required for each Code PERTAINING TO: TVPe of Parkne Saaces- Private Garaees Sections 18.74.060 of the Anaheim Municipal Code requires that before any variance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: I. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other. property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible.: If you need additional space, you may attach additional pages. I. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? X Yes _ No. If your answer is "Yes; 'describe the special circumstances: The tocadon orthe nroocrty is in an ex~crin ~ residemi•d area thm inct des a 2. 3. Are the special circumstances that apply. to the property different from other properties in the vicinity which are in the same zone as your property? X Yes _ No 4. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? X Yes No EXPLACN Thc rcronrofthic ro n • to 'dc tial uvc wa it' cd b the Redcc to e t eency ioan etPi~n to ensure land use comnmihil The le u ose of an va 'once o Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be appr ved hich wou ha the a ect of granting a special privilege not shared by other property in the same vicinity and zone whi is n exp essl uthorized by zone regulations governing subject property. Use variances are not permitted. 4.26•oS of Pr o~erty Owner of Authorized Agent Date CONDITIONAL USE PERMIT/VARIANCE NO. s VAR (Vp 2005 - 0 ~+ b Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? X Yes No If your answer if "yes," describe the special circumstancesi 'rt,~ oronem• is iocured in an cxisriac res drmiat ~ •; hbornooi! where neiehhorinu mm~cnicc have cncloti~~ar:iaes secnoN a APPLICANT'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER Attachment- Item No. 2 (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: 18.58.060.010.01 (A separate statement is required for each Code waiver) PERTAINING TO: MinimuminteriorSetbacks Sections 18.74.060 of the Anaheim Municipal Code requires that before any variance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: 1. That there are special circumstances applicable to the property, including size, shape, topography, location or sun•oundings, which do not apply to other property under identical zoning classification in the vicinity; and' 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. ,1. Are there special circumstances that apply to the property in matters such assize, shape, topography, location or surtoundings? X Yes _ No. If Your answer is "Yes," describe the special circumstances: The sub'ccr c ', I and nn wand the len nh runs alon a m'Iroad 2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the same zone as your property? X Yes _ No If your answer is "yes," describe how the property is different: Tree sutt'ect ro en is a rosimatei t?s r'cet in de to between Vine 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? X _Yes _No If your answer if "yes," describe the special circumstances: n sorted in ua ahuee. me snniect oroonrty rs ennsidemmv narrooer t surruundine mm~cnic5 Asa result the deecloomenl is constrained in mee[inFlhe imerior xclbacks alonu the western nronenv line Mitieatina eni be made to minimize the en'ect of nor mmine the interior vntb~ckc ouch ns buildine desi¢n that en+ures no windows or emmnces ore within the re0 area. 4. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? X Yes _ No EXPLAIN The rezone of this nroncnv m u residcmial use teas initim~nt by the ltcdevclonment Aecncv in an efPon to ~mwrc land use comnmibi cuttts m me rem ^ t c souna worn conamrn tree nroncnv oe umnme access. The s Ipose of y va once r Code waiver shall be to prevent discrimination, and no variance or Code waiver shalt be appr ve hich w Id ha a [he ec[ of granting a special privilege no[ shared by other property in the same vicinity and zone whic is rwise ex essl authorized by zone regulations governing subject property. Use variances are not permitted. 4.2~ •o~j Signature o Pro erty Owner or Authorized Agent Date CONDITIONAL USE PERMIT/VARIANCE NO. VAR ~Q, 2005-0465.2 SECTION ~ APPLICANT'S STATEMENT OF Attachment -Item No. 2 JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: 18.06.090.OIO.OIO~ (A separate statement is required for each Code waiver) PERTAINING TO: Minimum Front Setbacks Sections [ 8.74.060 of the Anaheim Municipal Code requires that before any variance or Code waiver may be grented by the Zoning Administrator or Planning Commission, the following shall be shown: I. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. I . Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? X Yes _ No. If your answer,is "Yes," describe the special circumstances: The sabieet mm~em• isJona and narrow: and me ten~rth nrnc stool. , m;tr„~rt 2. Are the special circumstances that apply to the property different from other properties in the vicinity which arc in the same zone as your property? X Yes No If your answer is "yes," describe how the property is different: rna.abicai nroncnv is anom:imudv I zs feet in demh between vine ~~ 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? X Yes No If your answer if "yes," describe the special circumstances: ns<tnt~~i in a? above the •ub'ect oron •m; on idcmbly narro ~cl 4. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? X Yes _ No EXPLAIN The rezone of thin mm~ertv to a residrntial use xos initia[,r by the R Je 1 nment Aeenev in an effnn to enure land ux comn~t'b'I'ty ith cunut J' ~ uu ~ •md the C m •ml Plan Funhcr tti~nv vests prior to ou•netshin cf the mm~env b the Fiot Cn Authority a m'Iroad track u-ts de eloped ulon ~ the wetlem r line whichthe c msultcd'n a loo fronts re t the ra en This crni IeJ w'th he ui a is to m'li m a jai st the c ttLS [hc 'sad ,c c and wall constrain the men limitin ~ access. The sol rp se of any var' ce or ode waiver shall lie to prevent discrimination, and no variance or Code waiver shall be approv d w i fi would e e effe of granting a special privilege not shared by other property in the same vicinity and zone which s not of pre sly a prized by zone regulations governing subject property. Use variances are not permitted. ¢•Z6•o5 Signature of P op y Owner or uthorized Agent Date CONDITIONAL USE PERMITNARIANCE NO. a VAR ~Q 2[!~5 - 0 4 6 5 0 Vine Street Family Housing CUP Application Letter of Operation Attachment- Item No. 2 Description of Proposed Use This proposal is for 60 units of affordable rental family housing on a 2.3 acre city owned site in the City of Anaheim, California. The property is a long and narrow site that was recently rezoned from light industrial to residential. This rezone was initiated by City staff and was completed concurrently with the required CEQA process which resulted in a negative declaration. The proposal calls for 29 two- bedroom and 31 three - bedroom units affordable to families earning between 30 and 60% of the area median income. The project consists of 2 and 3 stories with both townhome style apartments and flats. The architectural style was developed through a community design process and reflects the neighboring single family bungalow style homes. The proposal also includes a 2,881 square foot community room that will provide space for resident activities. This space will also house on -site management offices. The property is bound to the east and south by a mix of single - family and multi - family residential. The east property line, which would be the main entrance to the proposed development, faces primarily older, bungalow -style single family homes. The north property line is on Broadway, a major transportation corridor that has multi - family residences as well as some smaller retail and recreational establishments. The western property line abuts a railroad track, separating the site from a primarily light industrial area, some of which is being converted into residential as part of the City's redevelopment agency plan. Within walking distance to the site are a park, community center, bus stops and a Boys & Girls Club. Management will be provided by Mercy Services Corporation (MSC), a professional property management company that is a division of the owner, Mercy Housing California. MSC will provide full staffing for the property as outlined below. In addition to having on -site management offices, one of the MSC employees will also live at the property. MSC will require all tenants to enter into leases that among other standard lease provisions, include the following attachments: House Rules — agreement consisting of rules for common areas, overnight guests, respect for other residents, etc. Drug Free Housing — agreement to maintain a drug -free environment Parking Rules - agreement consisting of rules for use of parking spaces which expressly do not allow use of spaces for storage, mechanical work on vehicles, etc. These attachments are considered a part of the lease and MSC will ensure that tenants strictly adhere to,these provisions. Tenants who do not adhere to these provisions will be in violation of their lease. VAR NO M05-04652 C ` J • Attachment- Item No. 2 Days & Hours of Operation: Because this proposal is for a residential development, it will be accessible by residents on a 24 hour basis and will be monitored with an on -site security system. The community rooms and management offices will be open during normal business hours, Monday- Friday, 8am -6pm. Number of Employees Per Shift: The management of the site will require both a full -time and part -time property manager, a full -time maintenance employee, a full -time resident services coordinator, and a part- time janitor, for a total of 4 full time equivalents. All employees will work the same shift during the normal business hours as stated above. VAR Np 2005 - 0 4 6 5 Z. MEMORANDUM CITY OF ANAHEIM DATE: March 1, 2005 TO: John Lower, Traffic/Transportation Manager FROM: Andy Nogal, Redevelopment Project Manager Attachment- Item No. 2 SUBJECT: Vine Street Multifamily Affordable Housing Project —Parking Letter Request That the City Traffic Engineer concur that the Anaheim Redevelopment Agency's submittal of the "LSA Affordable Housing Parking Study and this memorandum meet the . requirement for a parking study for the Vine Street Affordable Multiple - family Rental ( "Project" ) project. Background A parking study was prepared by LSA Associates on December 10, 2003, as part of the adoption of the affordable multiple - family ordinance which established parking ratios for affordable units and recommended criteria in support of parking requirements for affordable projects with occupancy restrictions and on -site management. The proposed Project applicant, Mercy Housing California, is applying for development approval under the new affordable multiple - family housing ordinance (Chapter 18.58) for the construction of a new 60 -unit affordable multiple - family project. The applicant is seeking parking incentives for all units and proposes to use the affordable unit parking standard. The Project complies with all of the provisions of the affordable multiple - family ordinance including, occupancy restrictions and on -site management, but not with the provision that rents must not exceed 30 percent of 50 percent of area median income under Section 18.58.020.020. Due to the State of California Tax Credit financing requirements 50 percent of the units in the Project will be affordable at 30 percent of 60 percent of area median income which does not comply with the technical requirement of the ordinance. The Project will be 100 percent affordable; however, the units with rents at 60 percent do not meet the rent criteria to qualify for the affordable parking incentive in Section 19.58.050.010. A waiver is being requested from Section 18.58.020.020. in order to use the affordable parking standard for all units in the Project. VAR No. W05-0465 2 Vine Street Multifamily Ardable Housing Project — Parking Oer Attachment - Item No. 2 Page - 2 Justification The proposed Project complies with all of the criteria to qualify as a Qualified Housing Development in Section 18.58.020.170. and meets the intent of the ordinance to provide a greater number of affordable housing units. The site complies with all of the criteria necessary to qualify for the parking incentive under the affordable multiple - family ordinance as follows: 1. The Qualified Housing Development is located within one - quarter mile of at least two social service facilities: a. Boys and Girls Club at 311 East Broadway b. Child care facility at 100 South Atchison Street 2. The Project will impose occupancy restrictions and provide on -site management. Conclusion The Project meets the requirements of the ordinance as a Qualified Housing Development. It exceeds the minimum requirements of the ordinance and will comply with the development criteria for on -site management, occupancy controls and proximity to social service facilities. The Project proposes to use the affordable parking standard for all units. The Parking Study prepared by LSA Associates on December 10, 2003, (attached) supports this proposal and will be forwarded to the Planning Commission: su Aridy Project Manager F%D CSNDMI EMOSWNM5215AANWWSA.DOC VAR No. 2005 - 0 4 65 2 0 0 Attachment- Item No. 2 EXTERIOR NOISE IMPACT ANALYSIS REPORT PREPARED BY: Martin Newson & Associates LLC 2001 Santa Monica Blvd, Ste. 301 - Santa Monica CA 90403 Tel. (310) 829 6343 Joseph W. Celano, P.E. e-mail: joe®newsonacoustics.com PREPARED FOR: Mercy Housing California 500 South Main Street, Suite 110 Orange, CA 92868 jQke: 30 November 2004'" BAR Na 2005 -04b page 1 ' INTRODUCTION Attachment- Item No. 2 Mercy Housing proposes to construct approximately 60 units of affordable housing on Vine Street between Broadway and Santa Ana Street in the City of Anaheim. Due to the proximity of the project site to the Metrolink/Amtrak railroad right -0f - -way, an acoustical analysis has been requested. Figure 1, below, shows an aerial photograph of the existing site and the location of the acoustic measurement positions. It should be noted that subsequent to this photograph being taken, the easterly most of the three tracks, which was a siding serving the southerly portion of the project site, was removed. Only the two `through' tracks remain. This report presents an analysis of present and projected future railroad noise impacts on the proposed project and presents recommended noise mitigation measures sufficient to conform to the City's CNEL 45 maximum interior noise and CNEL 65 maximum exterior criteria. STANDARDS Figure N -2 of the Noise Element of the City of Anaheim- General Plan (Noise Element) presents compatibility guidelines for various land use categories based upon exterior noise exposure in terms of Ld. or CNEL. The L,� and CNEL descriptors are time of day weighted average noise metrics. Both impose a 10 dB penalty on noise occurring during nighttime hours between 10:00 p.m. and 7:00 a.m. the following morning.. In addition CNEL imposes a 5 dB penalty on noise during evening hours between 7:00 p.m. and 10:00 p.m. These penalties are to adjust for the increased human sensitivity to noise during periods of relaxation and sleep. MAh' No. 2 005 -0465? Figure 1 - Existing Site Plan (not to scale) page 2 • Attachment- Item No. 2 The applicable compatibility guidelines for `Residential- Multiple Family' are CNEL < 65 dB(A) Normally Acceptable CNEL 60 -70 dB(A) Conditionally Acceptable CNEL 70 -75 dB(A) Normally Unacceptable CNEL >75 dB(A) Clearly Unacceptable In addition, Table N -3 of the Noise Element defines allowable interior and exterior noise standards f6r various land uses. The applicable standards are CNEL 45 interior and CNEL 65 in "habitable" exterior areas. These standards are based upon the requirements of the California State Building Code. The State regulations also require that if the windows must be closed in order to meet the interior noise standard, ventilation or air conditioning must be specified to provide a habitable interior environment. NOISE MEASUREMENTS Acoustical measurements were conducted on 10 November 2004 and 15 -17 November 2004 to establish the existing exterior noise environment at the project site. Short term measurements of individual train operations were taken on 10, 15 and 17 November to establish the frequency spectrum of the noise for use in the exterior- to-interior noise reduction calculations.. The measurements were taken with a Bruel & Kjaer (B &K) type 2260 Investigator Precision Sound Analyzer. Immediately prior to each series of measurements, the analyzer was calibrated utilizing a B &K type 4231 acoustic calibrator (certification 2 June 2004). The measurement position, labeled "Mess Posl" on Figure 1,.was located near the westerly property line of the site approximately 30 ft from the center of the two tracks and approximately 25 ft from the center of the `near' track which was observed to carry north bound operations. The microphone was fitted with a foam windscreen and was supported approximately 5 ft above the existing site grade. Over the three days of measurements a total of 31 train operations were measured. These consisted of 8 northbound Amtrak, 9 southbound Amtrak, 1 northbound freight, 5 northbound Metrolink and 8 southbound Metrolink operations. Table 1, below shows a summary of the measurement results. Train Octave Band Center Frequency - Hz A- Type Number 63 125 250 500 1000 2000 4000 8000 wtd Amtrak 17 85.5 82.6 84.6 90.9 87.2 81.8 74.7 65.5 91.5 Freight 1 93.4 853 87.9 85.0 83.9 76.2 72.7 -70.4 .87.6 Metrolink 13 89.2 84.7 79.9 88.2 90.3 87.7 80.4 72.3 93.9 All 31 87.9 83.7 83.4 89.8 88.7 85.2 78.0 69.7 92.6 Table 1 - Average Train Noise Spectra It should be noted that the 0.1 dB precision shown in Table 1 is the resolution of the numerical display on the analyzer and is only retained for illustration and to reduce the cumulative effects of rounding in subsequent calculations. The absolute calibration accuracy of the measurement VAR a 2005-046521. page 3 Attachment- Item No. 2 system is approximately t 0.5 dB. For reference, a change in sound level of 1 dB or less is typically not noticeable to an "average" listener, a 3 dB change is noticeable to most listeners, and a difference in level of 10 dB is necessary for the sound to be judged to be half or twice as loud. A long term (56 hour duration), unattended measurement was taken to determine the CNEL at the site. This measurement utilized a Rion type NL 21 sound level meter and consisted of a series of consecutive 1 minute duration time average (L samples beginning 10:00 a.m. on 15 November and ending 6:00 p.m. on 17 November. Immediately prior to, and after completion of the measurements, the analyzer was calibrated utilizing the same B &K type 4231 acoustic calibrator. The microphone was supported above the southwesterly comer of the roof of the existing commercial building on the northerly end of the project site, labeled "Meas.Pos2" on Figure 1. The microphone was located approximately 14 ft above the existing site grade and approximately 32 ft from the center of the two tracks. The measured 1 minute L data were utilized to calculate hourly average noise levels that were in turn utilized to calculate CNEL. Figure 2, below, shows the time history of the hourly average (Le I hour) noise levels, indicated by the squares, and the maximum (L..) noise level recorded during each hour, indicated by the triangles. Figure 2 - Average and Maximum Noise Levels Measured at Roof of Existing Commercial Building The hourly average (Leq I hour) noise levels ranged from a low of approximately 54 dB(A) during the 4:00 a.m. hour when, presumably, no trains passed by the site; to highs of approximately 80 dB(A) during hours with several train pass -bys, typically morning and evening hours with VAR N0. 2005 =0465 2 ■ Figure 2 - Average and Maximum Noise Levels Measured at Roof of Existing Commercial Building The hourly average (Leq I hour) noise levels ranged from a low of approximately 54 dB(A) during the 4:00 a.m. hour when, presumably, no trains passed by the site; to highs of approximately 80 dB(A) during hours with several train pass -bys, typically morning and evening hours with VAR N0. 2005 =0465 2 0 page 4 Attachment- Item No. 2 `heavy' commuter operations. Maximum (L.) noise levels due to the loudest individual train pass -bys were in the 115 to 118 dB(A) range. On the basis of this measurement, taken over a period of more than 2 days, the present noise exposure on the project site would be approximately CNEL 78.8 at the westerly facade of the existing building, 32 ft from the center of the two tracks. NOISE ELEMENT RAILROAD NOISE CONTOURS Figure N -4 of the Noise Element shows locations of the `future' railroad noise contours. However, the scale of the map is such that determining noise levels close to the tracks is problematic, at best. Table 2, below, shows distances to the Future CNEL contours, as reported by a representative of The Planning Center, who prepared the background information for the Noise Element. Note two columns of data are presented, the first is for locations remote from grade crossings and the second is for locations in close proximity to a grade crossing. Table 2 — Railroad CNEL Contour Locations The width of the railroad right -of -way varies in vicinity of the project site. The preliminary site plan indicates approximately a 35 R setback between the center of the two remaining tracks and the westerly facades of the proposed residential buildings. On the basis of the noise contour locations shown in Table 2, this setback distance would result in exterior noise exposure of approximately CNEL 73, if the site were not located near a grade crossing. However, there are grade crossings located at both the northerly and southerly ends of the site, at Broadway and Santa Ana Street, respectively. Therefore, based on the tabulated distances for the `Close to Grade Crossing' condition, the future exterior noise exposure at the westerly facade of the residences would be approximately CNEL 84. As described above, the present noise exposure at the westerly facade of the existing building on the northerly end of the site based upon more than two consecutive days of continuous noise monitoring was approximately CNEL 79. Thus, the measured present noise exposure is approximately 5 dB lower than the future CNEL computed based upon `Close to Grade Crossing' contour distances shown in Table 2. It is possible that some portion of this 5 dB difference between the tabulated contour locations and the measurement data may be due to an allowance for future increases in the number of operations. However, a 5 dB increase in CNEL would require essentially tripling the total number of train operations if the time of day distribution were to remain constant; or else a substantial increase in the number of evening (7:00 p.m. to 10:00 p.m.) and/or nighttime (10:00 p.m. to 7:00 a.m.) operations. It is also possible that the difference is partially due to variations between Mr( NO. 2005 - 0 4 6 5 2: Distance from Center of Tracks to CNEL Contour - feet CNEL No Nearby Grade Crossing Close to Grade Crossin 70 54 294 65 117 465 60 252 1002 Table 2 — Railroad CNEL Contour Locations The width of the railroad right -of -way varies in vicinity of the project site. The preliminary site plan indicates approximately a 35 R setback between the center of the two remaining tracks and the westerly facades of the proposed residential buildings. On the basis of the noise contour locations shown in Table 2, this setback distance would result in exterior noise exposure of approximately CNEL 73, if the site were not located near a grade crossing. However, there are grade crossings located at both the northerly and southerly ends of the site, at Broadway and Santa Ana Street, respectively. Therefore, based on the tabulated distances for the `Close to Grade Crossing' condition, the future exterior noise exposure at the westerly facade of the residences would be approximately CNEL 84. As described above, the present noise exposure at the westerly facade of the existing building on the northerly end of the site based upon more than two consecutive days of continuous noise monitoring was approximately CNEL 79. Thus, the measured present noise exposure is approximately 5 dB lower than the future CNEL computed based upon `Close to Grade Crossing' contour distances shown in Table 2. It is possible that some portion of this 5 dB difference between the tabulated contour locations and the measurement data may be due to an allowance for future increases in the number of operations. However, a 5 dB increase in CNEL would require essentially tripling the total number of train operations if the time of day distribution were to remain constant; or else a substantial increase in the number of evening (7:00 p.m. to 10:00 p.m.) and/or nighttime (10:00 p.m. to 7:00 a.m.) operations. It is also possible that the difference is partially due to variations between Mr( NO. 2005 - 0 4 6 5 2: • page 5 • Attachment- Item No.2 actual train noise levels at this specific location and the generalizations utilized to calculate the noise contour locations. INTERIOR NOISE ANALYSIS On the basis of the long term noise measurements, the present exterior noise exposure at the westerly facades of the buildings facing the railroad right -of -way would be approximately CNEL 79, and the `future' exterior noise exposure based upon the distances indicated in Table 2 for locations `Close to Grade Crossings' would be approximately CNEL 84. Therefore, depending upon which exterior noise exposure value is specified by the City to be utilized as the basis of design, a minimum of either 34 dB(A) or 39 dB(A) of exterior - to-interior noise reduction would be necessary to conform to the City's CNEL 45 maximum noise criterion in habitable interior living spaces. An exterior noise design spectrum was established based on the average of the measured train noise data as shown in row `All' in Table 1. The overall level was adjusted to correspond to the `present' CNEL 79 and `future' CNEL 84 exterior noise exposures. At this time, detailed floor plans and elevations of the northerly, westerly and southerly facades have not been established. Therefore, a preliminary analysis has assumed that windows having line of sight to the tracks would not exceed 50% of the exposed area of the facade in any room. Exterior wall construction was assumed to be stucco plaster, on plywood sheathing, on 2x6 wood studs, with fiberglass batt thermal insulation in the cavity, and interior 5/8" thickness gypsum board finish. Windows were assumed to be `double window' assemblies such as Milgard `Quietline' which incorporate two windows in a common frame with an approximately 2 -1/2" air gap between the two windows. In order to meet CNEL 45 indoors for the measured CNEL 79 exterior noise exposure, the windows should have a minimum acoustical rating of STC 41. However, in order to meet CNEL 45 inside for the `future' CNEL 84 exterior noise exposure, the windows should have a minimum rating of STC 45. Both of these assemblies utilize 3/4" insulating glass [1/8" double strength (ds) - 1/2" air - 1/8" ds] as the outer glazing. The inner glazing in the STC 41 assembly would be 1/8" ds glass. The inner glazing in the STC 45 assembly would be 7/32" laminated acoustical glass. It should be noted that these windows have much higher acoustical performance (and presumably cost) than those typically utilized in residential projects. Due to the high exterior- to-interior noise reduction requirements, use of through -wall air conditioning units would not be acoustically acceptable. In addition, fresh air intake ducts would have to,be internally acoustically lined. The exact requirements would depend upon length of duct runs and locations of air intakes relative to the tracks. OUTDOOR NOISE ANALYSIS The present exterior noise exposure at the westerly edge of the project site along the railroad right - of -way would be approximately CNEL 79 based on the long term noise measurements. The future '" N0. 2005 =04652 0 page 6 • Attachment- Item No. 2 noise exposure would be approximately CNEL 84 based upon the distances indicated in Table 2 for locations `Close to Grade Crossings'. Therefore, depending upon which exterior noise exposure value is specified by the City to be utilized as the basis of design, a minimum of either 14 dB(A) or 19 dB(A) of shielding would be necessary to conform to the City's CNEL 65 maximum noise criterion in outdoor living areas. At this time, the project site plan is preliminary. Distances from the tracks to potential `sound wall' locations, locations of outdoor areas required to conform to the City's CNEL 65 exterior noise criterion, elevations of outdoor living areas relative to the tracks, etc., are not' precisely known. Preliminary barrier attenuation calculations were performed utilizing the average measured train noise spectrum shown in Table 1, assuming that the `sound wall' would be located approximately 30 ft from the center of the two remaining tracks. A top of wall elevation not less than 10 ft above the tracks could reduce train noise at locations on the project site close to the wall by approximately 15 dB(A) and a top of wall elevation not less than 12.5 ft above the tracks could reduce train noise close to the wall by approximately 19 dB(A). Exact wall height requirements would have to be confirmed subsequent to review of a final site plan indicating distances from the tracks to the proposed `sound wall' location(s), elevations of the tracks relative to the final site grading, etc. For reference, it should be noted that there is an existing, approximately 14' -8" high `sound wall' located on the northerly side of Broadway between the tracks, which are elevated on ballast relative to the base of the wall, and an existing multi- family residential development. CONCLUSIONS In order to conform to the City of Anaheim's CNEL 45 indoor noise criterion, closed double windows having acoustical ratings of STC 41 or STC 45, based upon confirmation by the City of the exterior CNEL value to be utilized as the basis of the design, would be necessary. Stucco exterior wall construction with fiberglass batt insulation would be acoustically acceptable. Since the windows would have to be closed in order to meet the indoor noise criterion, air conditioning, or mechanical ventilation, as required by code to maintain a habitable interior environment would be necessary. In order to conform to the City of Anaheim's CNEL 65 outdoor noise criterion in required outdoor living areas, a `sound wall' would have to be constructed along the westerly property line of the project site. A top of wall elevation on the order of 10 ft to 12.5 ft above the tracks, or approximately 12 ft to 14.5 ft above adjacent finished grade elevation would reduce noise in required outdoor living areas to meet this criterion depending upon the final site plan arrangement and confirmation by the City of the exterior CNEL value to be utilized as the basis of the design. 04 -278 projlMercy Housing Vine St\Ext -urt rptl VAR No. 2605= 0465.2 ITEM NO. 1 -A CLIFPARK WAY RS -2 RS -2 1 DU EACH I I 1 DU EACH ALMONT AVE a a RM-4 RCL 66-67-68 VAR 2095 ' 4 DU EACH RCL 74 75 -34 VAR 2069 RCL66 -67-68 IY VAR 1897 CUP 4011 Q ALMONT AVENUE APTS. CUP 3634 108 VAR J C ALMONT W OODS 3986 W -G VAR 1897 :D RCL 61 -62 -123 RETAIL O BUSINESS CENTER m COLLEGE L= RCL 61 -62 -123 W CUP 2002 -04618 C -G RCL66 -67-68 CUP 3211 CUP 3630 RCL65 -66 -76 AUTO CUP 1523 W CUP 806 TLUP 2005-04987 PARTS CUP 1152 J RESTAURANT TLUP 2005 -04954 P 2001 -04496 VAR 1897 VAR 1897 O TLUP 2003 -04758 C -G CUP 4002 r O RESTAURANT V CUP 3732 RCL 61 -62 -123 CUP 1059 ¢ w z a o CUP 3150 CUP 3968 VAR 1897 STORE O z w z W CUP 123 CUP 3742 TILE PAINT w U z m AREHOUSE w w RCL66 -67 -23 Q z CUP 3075 CUP 1876 ( ) "o! CUP 3915 ��� SERVICE STATION PLAZA DE SEVILLE ~ VAR MOBIL (4 tiLaa COMM. SHOPPING 1897 S.S. °w CENTER RCL 66-67-23 o U 50' BALL ROAD L 66 -67 -14 RCL 66 1 67 -14 C-6- RCL 82-83-02 I RCL66 -67 -14 RGL66-67 -09 R CL 54554 RCL 5455 -42 L 54 -55-42 RGL65fif ID8 C -G VAR 2096 CUP 3909 - GUP2W104751 C -G RCL 76 -77-60 KING 76 S. S. -CUP 26U3 -047x3 RCL 76-77-60 RCL 64 -65 -15 'HEM ALARM VAR2m2-04495 RCL 6465 -15 RCL 56 -57 -76 CURE VAR 3283 CUP 2007 (Res. of Int. to ML) SS_ CUP 610 CUP 2062 EL TORITO RESTAURANT CUP 610 BEN IHANA RCL 54 -55-42 C -G RESTAURANT VAR 2515 RCL 76 -77 -60 RCL 54 -55 -42 NEW YORK RCL 64 -65 -15 CUP 1969 CARPETS RCL 56 -57 -76 54 -55-42 VAR 2096 Res. of Int. to ML ADCRAFT CENTER POINT 'RODUCTS BUSINESS PARK CUP 3529 CUP 2145 CUP610 PACIFIC PLAZA C -G I RCL 76 -77 -60 RCL RCL 5 T R42 AL INDUSTRIAL 56 -5 7 RCL 56 -57 -76 Conditional Use Permit No. 3732 ® Subject Property TRACKING NO. CUP2005 -04987 Date: June 13, 2005 Scale: 1"=200' Requested By: VASKIN KOSHKERIAN Q.S. No. 115 REQUEST TO AMEND OR DELETE CONDITIONS OF APPROVAL PERTAINING TO HOURS OF OPERATION AND RESTRICTIONS ON PACKAGING OF BEER AND WINE PRODUCTS IN CONJUNCTION WITH A PREVIOUSLY - APPROVED CONVERSION OF A SERVICE STATION REPAIR BAY AREA WITHIN AN EXISTING SERVICE STATION TO A CONVENIENCE MARKET WITH OFF - PREMISES SALES AND CONSUMPTION OF BEER AND WINE. 1198 State College Boulevard 1849 I� �ha Conditional Use Permit No. 3732 Subject Property TRACKING NO. CUP2005 -04987 Date: June 13, 2005 Scale: 1"=200' Requested By: VASKIN KOSHKERIAN Q.S. No. 115 REQUEST TO AMEND OR DELETE CONDITIONS OF APPROVAL PERTAINING TO HOURS OF OPERATION AND RESTRICTIONS ON PACKAGING OF BEER AND WINE PRODUCTS IN CONJUNCTION WITH A PREVIOUSLY - APPROVED CONVERSION OF A SERVICE STATION REPAIR BAY AREA WITHIN AN EXISTING SERVICE STATION TO A CONVENIENCE MARKET WITH OFF - PREMISES SALES AND CONSUMPTION OF BEER AND WINE. 1198 State College Boulevard s CLIFPARK WAY SIC ALMONT AVEN�E� 1849 Staff Report to the Planning Commission June 13, 2005 Item No. 3 3a. CEQA NEGATIVE DECLARATION (PREVIOUSLY - APPROVED) (Motion) 3b. CONDITIONAL USE PERMIT NO. 3732 (Resolution) (TRACKING NO. CUP2005- 04987) SITE LOCATION AND DESCRIPTION: (1) This rectangularly- shaped, 0.52 -acre property is located at the northeast corner of Ball Road and State College Boulevard with frontages of 150 feet on both the north side of Ball Road and the east side of State College Boulevard (1198 South State College Boulevard). REQUEST: (2) The petitioner requests to amend or delete conditions of approval pertaining to hours of operation and restrictions on packaging of beer and wine products in conjunction with a previously- approved conversion of a service station repair bay area within an existing service station to a mini - market with off - premises sale and consumption of beer and wine under authority of Code Section 18.60.190.030. BACKGROUND: (3) This property is zoned C -G (General Commercial) and is developed with an existing 1,817 square -foot service station and convenience market with two pump island canopies. The Anaheim General Plan designates this property for Neighborhood Center land uses. The Land Use Plan of the Anaheim General Plan further designates properties to the north and east for Neighborhood Center land uses, properties to the south (across Ball Road) for General Commercial land uses, and properties to the west (across State College Boulevard) for Low - Medium Density Residential land uses. PREVIOUS ZONING ACTIONS: (4) Conditional Use Permit No. 3732 (to permit the conversion of a service station repair bay area within an existing service station to a mini - market with the off - premises sale and consumption of beer and wine) was approved by the Planning Commission on January 9, 1995. On October 6, 2003, the Commission approved a modification of exhibits to raise the height of two existing pump island canopies with waiver of minimum structural setback adjacent to an arterial in order to maintain the existing non - conforming setbacks. The pump island canopies have been modified as previously-approved- (5) Conditional Use Permit 123 (to operate a service station) was approved by the Planning Commission on May 29, 1961. (6) Resolution No. PC2003 -137 adopted in connection with the latest modification to Conditional Use Permit No. 3732 included the following conditions: "3. That the sales of beer and /or wine shall be permitted only between the hours of 9 a.m. and 10 p.m., daily. 8. That beer shall not be sold in packages containing less than a six (6) pack; and that wine coolers shall not be sold in packages containing less than a four (4) pack." SR CUP3732 PC 061305jr.doc Page 1 Staff Report to the Planning Commission June 13, 2005 Item No. 3 PROPOSAL: (7) The agent for the property owner, Andrew Paszterko, requests modification of Condition No- 3 to allow the sales of beer and wine from 6:00 a.m. to 2:00 a.m., and deletion of Condition No. 8, to allow any unit of sale for both beer and wine. No construction is proposed in conjunction with this request. ENVIRONMENTAL IMPACT ANALYSIS: (8) Staff has reviewed the proposal to amend or delete conditions of approval pertaining to hours of operation and restrictions on packaging of beer and wine products in conjunction with a previously- approved conversion of a service station repair bay area within an existing service station to a mini - market with off - premises sale and consumption of beer and wine and finds no significant adverse environmental impacts resulting from any changes to the existing project. Therefore, staff recommends that the previously- approved Negative Declaration in connection with Conditional Use Permit No. 3732 serve as the required environmental documentation for this request upon a finding by the Commission that the Negative 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 (a copy of which is available for review in the Planning Department) and any comments received that there is no substantial evidence that the project will have a significant effect on the environment- EVALUATION (9) The applicant is requesting modification of this permit to allow the retail sales of beer and wine from 6 a.m. to 2 a.m. within an existing convenience market and to allow the sales of single bottles and cans of beer and wine. Staff surveyed the surrounding properties and identified two service stations within the vicinity (1199 South State College Boulevard — Mobil, and 1201 South State College Boulevard — Union 76) that have ABC licenses. Both of these service stations have conditions limiting the hours of retail sales of beer and wine — one until 10 p.m. and the other until 12 a.m.; however, neither of these service stations have conditions limiting the unit of sales of beer and wine. At the time these two service stations were approved (1997 and 1998) they were not located in areas of high crime or over - concentration; therefore, the Police Department recommended approval of their requests with no conditions. (10) The Anaheim Police Department has submitted the attached memorandum dated May 25, 2005, stating that this property is located within Reporting District No. 1828, which has a crime rate 145 percent above the Citywide average. The Police Department has responded to calls for service from this property seven (7) times in the last year. The calls included: 1 robbery, 2 car stops, 1 disturbance, 1 fight, 1 suspicious person, and 1 missing adult. There was one (1) report taken for the robbery. This property is also located within Census Tract No. 863.06, which allows up to three (3) off -sale liquor licenses and there are currently four (4) licenses in the tract. It also allows for four (4) on -sale licenses and there are presently two (2) licenses in the tract. The Police Department opposes the deletion of the condition in respect to selling singles due to the property's location within an area of high crime and over - concentration. This condition has been consistently applied to both service stations and convenience market requests for off - premises sale of beer and wine /alcoholic beverages since 1995/1996 for properties located within areas of high crime and over - concentration, and more recently, for all requests for off - premises sale of beer and wine /alcoholic beverages, regardless of location within these sensitive areas. The Police Department strongIV recommends that this portion of the request be denied as the sales of single cans and bottles of beer and wine would potentially contribute to loitering, vagrancy, and public drunkenness, further contributing to the high crime rate in the area. With respect to the Page 2 Staff Report to the Planning Commission June 13, 2005 Item No. 3 request for modification of the hours for beer and wine sales, the Police Department indicates that they would support extending the hours to 6 a.m. to 12 a.m., consistent with the nearby service stations. Extending the hours beyond this time would not be supported based on the proximity of the El Vaquero Restaurant (located directly to the north at 1168 South State College). This property has been an on -going public safety challenge for the Police Department. The Police Department has responded to 39 calls for service from June 2004 through June 2005 to the El Vaquero Restaurant including violent incidences such as fighting, felony assault, and possession of firearms. The opportunity for after -hours purchase of beer and wine would potentially contribute to the public safety challenges due to the site's proximity to the El Vaquero Restaurant. The Police Department further requests that the remainder of their conditions apply. (11) In October of 2002, the Commission considered an identical request to modify hours of operation and delete a condition of approval pertaining to restrictions on packaging of beer and wine products for a service station and convenience market located at 301 South Anaheim Boulevard (ARCO AM /PM). As in this request, the property is located in area of high crime; and therefore the Police Department did not support that request for modification of this condition. Both the Commission and the Council did not approve this portion of the applicant's request for the Arco at 301 South Anaheim Boulevard. This limit on the unit sales of beer and wine is a condition that the Commission has consistently required for convenience markets in order to deter unlawful activity resulting from singles sales of beer and wine. If the Commission approved this modification, such a decision may encourage similar business to petition the City to modify their permits as well — potentially in even more sensitive areas. Based on the adjacent service stations' current operating hours, the high crime rate and the Police Department's concerns as indicated above, staff recommends the Commission approve the applicant's request, in part by modifying Condition No. 3 to allow the sales of beer and /or wine between the hours of 6 a.m. and 12 a.m., daily. and leave Condition No. 8 unchanged- FINDINGS (12) Before the Commission grants any major modification to a conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: (a) That the modification of use is properly one for which a conditional use permit is authorized by the Zoning Code, or is an unlisted use as defined in Subsection .030 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority); (b) That the modification will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located; (c) That the size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety; (d) That the traffic generated by the modified use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and (e) That the granting of the modifications under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. Page 3 Staff Report to the Planning Commission June 13, 2005 Item No. 3 RECOMMENDATION: (13) Staff recommends that, unless additional or contrary information is received during the meeting, and based upon the evidence submitted to the Commission, including the evidence presented in this staff report, and oral and written evidence presented at the public hearing, the Commission approve the applicants request, in part. modifying the hours of operation as requested but deriving the request to allow the sales of single bottles and cans of beer and wine by adopting the attached resolutions and the findings and modified conditions contained therein. Page 4 [DRAFT] RESOLUTION NO. PC2005 ="" A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION AMENDING RESOLUTION NO. PC2003 -137 ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 3732 WHEREAS, on January 9, 1995, the Anaheim City Planning Commission did, by its Resolution No. PC95 -2, grant Conditional Use Permit No. 3732 to convert a service station repair bay area in an existing service station at the northeast corner of Ball Road and State College Boulevard (1198 South State College) to a mini - market with the retail sale of beer and wine for off - premises sale and consumption; and WHEREAS, on October 6, 2003, the Anaheim City Planning Commission did, by its Resolution No. PC2003 -137, grant a modification to Conditional Use Permit No. 3732 to raise the height of two existing pump island canopies with waiver of minimum structural setback adjacent to an arterial in order to maintain the existing non - conforming setbacks; and WHEREAS, the property is developed with a 1,817 square foot service station and convenience market with two pump island canopies; that the zoning is C -G (General Commercial), and that the Anaheim General Plan designates the property for Neighborhood Center Commercial land uses; and WHEREAS, the petitioner has requested an amendment to this conditional use permit to modify Condition No. 3 to allow the sales of beer and wine from 6:00 a.m. to 2:00 a.m., and delete, in its entirety, Condition No. 8, which limits the unit sales for beer to be sold in packages not containing less than a six (6) pack; and that wine coolers not be sold in packages containing less than a four (4) pack; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 13, 2005 at 2:00 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. That the requested amendmenUmodification of use is properly one for which a conditional use permit is authorized by Section 18.60.190.030 of the Zoning Code. 2. That the request to modify Condition No. 3 of Resolution PC2003 -137 to allow the sales of beer and wine from 6:00 a.m. to 2:00 a.m. is hereby approved, in part, to allow an expansion of the hours from 6:00 a.m. to 12:00 a.m. (midnight) daily, because the expansion in hours of operation would be consistent with service stations in the area and would not be incompatible with the closing time of the El Vaquero Restaurant (located directly to the north at 1168 South State College). 3. That the request to delete Condition No. 8 of Resolution PC2003 -137 which limits the unit sales for beer to be sold in packages not containing less than a six (6) pack; and that wine coolers not be sold in packages containing less than a four (4) pack is hereby denied because of the negative secondary effects that deleting this condition would have on the above - average crime rate for this reporting district as the sales of single cans and bottles of beer and wine could potentially contribute to loitering, vagrancy, and public drunkenness, further contributing to the high crime rate in the area. 4. That the size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety. Cr1PC2005 -0 -1- PC2005- (Tracking No. CUP2 005- 04 9 8 7) 5. That the traffic generated by the modified use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 6. That the granting of the modifications as recommended and under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim; and 7. That "* indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim City Planning Commission has reviewed the request to amend this conditional use permit to amend or delete conditions of approval pertaining to hours of operation and restrictions on packaging of beer and wine products in conjunction with a previously- approved conversion of a service station repair bay area within an existing service station to a convenience market with off - premises sale and consumption of beer and wine under authority of Code Section 18.60.190.030 at 1198 South State College Boulevard; and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 3732 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the previously approved 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 Resolution No. PC2003 -137, adopted in connection with Conditional Use Permit No. 3732, to approve the applicant's request, in part, by modifying Condition No. 3 to allow the sales of beer and /or wine between the hours of 6 a.m. and 12 a.m. (midnight), daily and denying the request to delete Condition No. 8 which limits the unit sales for beer to be sold in packages not containing less than a six (6) pack; and that wine coolers not be sold in packages containing less than a four (4) pack; and BE IT FURTHER RESOLVED that the conditions of approval in Resolution No. PC2003 -137 are amended in their entirety read as follows: 1. That the quarterly gross sale of alcoholic beverages shall not exceed ten per cent (10 %) of the gross sales of food and /or other commodities sold in the convenience market during the same period. 2. That no beer or wine shall be sold, furnished, or delivered via a drive -up window. 3. That the sale of beer and /or wine shall be permitted only between the hours of 6 a.m. and 12 a.m. (midnight), daily. 4. That the quarterly gross sale of alcoholic beverages shall not exceed ten per cent (10 %) of the gross sales of food and /or other commodities sold in the convenience market during the same period. 5. That there shall be no exterior advertising of any kind or type, including advertising directed to the exterior of the building from inside the building, promoting or indicating the availability of alcoholic beverages. 6. That no alcoholic beverages shall be consumed on any property adjacent to the licensed premises and under the control of the licensee. 7. That the parking lot serving the premises shall be equipped and maintained with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate adjacent properties. 8. That beer shall not be sold in packages containing less than a six (6) pack; and that wine coolers shall not be sold in packages containing less than a four (4) pack. -2- PC2005- 9. That prior to the change in hours of operation, the applicant shall modify their existing Alcohol Beverage Control (ABC) License to reflect the new hours of beer and wine sales, and provide a copy to the Planning Services Division and the Police Department. 10. That there shall be no coin - operated telephones maintained outside the building at anytime. 11. That there shall be no coin - operated games maintained on the premises at any time. 12. That prior to commencement of the activity authorized by this resolution, subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 5, and as conditioned herein. 13. That prior to commencement of the activity authorized by this resolution, or within one (1) year from the date of this resolution, whichever occurs first, Condition No. 9, above - mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 14. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. AND BE IT FURTHER RESOLVED that the property owner /developer is responsible for paying all charges related to the processing of this discretionary case application within 7 days of the issuance of the final invoice or prior to the commencement of the activity for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 13, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions — General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN. ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2005- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on June 13, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of , 2005. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2005- City of Anaheim POLICE DEPARTMENT Special Operations Division F- ARFdITT I MIMiil0GIN To: John Ramirez Planning Department From: Sergeant Mike Lozean Vice Detail CC: Date: May 25, 2005 RE: CUP 2005 -04987 Chevron 1198 S. State College Anaheim, CA 92806 The Police Department has received an I.D.C. Route Sheet for CUP 2005 - 04987. The applicant is requesting to modify conditions on an existing service station and convenience market with off - premises sales of beer and wine. The location is within Reporting District 1828, which has a Crime Rate of 145 percent above average. It is also within Census Tract Number 863.06, which has a population of 3,570. This population allows for 4 off sale Alcoholic Beverage Control licenses and there are presently 2 licenses in the tract. It also allows for 3 on sale licenses and there are presently 4 licenses in the tract. The census tract boundaries are: North Wagner South Ball East Rio Vista West State College Off sale licenses in the immediate vicinity of the applicant: 1177 S. State College 1210 S. State College 1801 S. State College 1201 S. State College 1199 S State College Anaheim Police Dept. 425 S. Harbor Blvd. Anaheim, CA 92805 TEL 714.765.1401 FAX 714.765.1665 /AiFT7. M70 i NIMii1R.IQ Memorandum John Ramirez Chevron On sale licenses in the vicinity of the applicant 1105 E. Katella 2020 E Ball 710 E. Katella 1759 S. Claudina 2100 E. Ball 1929 -1939 S. State College 1801 E. Katella 2000 Gene Autry 1168 S. State College 1340 Sanderson 1221 & 1331 E. Katella 2695 E. Katella 2438 E. Katella 1177 S. State College 1440 S. Anaheim H8 2610 E. Katella 2550 E. Katella 1440 S. Anaheim H2 & 11 1210 S. State College The census tract surrounding this location is as follows: South and West — 863.03 On Sale allowed 5 /active 19 population 4,546 Off Sale allowed 3 /active 5 East — City of Orange The Police Department has responded to 1198 S. State College 7 times in the last year. The calls include: 1 robbery, 2 car stops, 1 disturbance, 1 fight, 1 suspicious person, 1 missing adult. There was 1 report taken. The report was for the robbery. The Reporting District north of the location is 1728; it has a crime rate of 5 percent above average. The Reporting District east is 1829; it has a crime rate of 78 percent below average. West is 1827; with a rate of 8 percent below average, and south of the location is 1928; with a crime rate of 42 percent above average. The Reporting District to the southwest is 1927; with a crime rate 56 percent below average. Page 2 F -AIM 7. r rMU ifa(Mii1i!G1IQ Memorandum John Ramirez Chevron The Police Department opposes changing the condition in respect to selling singles. This rule applies to every service station since approximately 1995. We absolutely oppose this portion of the request. With respect to the operating hours modification, we would agree to 12:00 midnight. There is another station that sells alcohol and is open until that time on the adjacent corner. We would be opposed to a later time due to the fact that these stations are next to the El Vaquero Restaurant. This is a problem property, and we would not want sales of alcohol after closing. The other station was given the same reason for their hours of operation. The Police Department requests that the rest of their conditions still apply. Please contact me at extension 1451 if you require further information in regards to this matter. f: \home \mmirwin\2005 -04987 Chevron 1198 S State College.doc Page 3 /_NFRIT iL , MIMI11104GIt3 P.C. Date: June 13. 2005 Existing A.B.C. Sites 863.06 1 1168 S STATE COLLEGE BLVD 2 1198 S STATE COLLEGE BLVD 32115 EBALL RD 4 2145 E BALL RD 5 2429 E BALL RD 6 2501 E BALL RD 7 2525 E BALL RD 8 1105 E KATELLAAVE 9 1199 S STATE COLLEGE BLVD 10 1201 S STATE COLLEGE BLVD 11 1210 S STATE COLLEGE BLVD 12 1210 S STATE COLLEGE BLVD 13 1221 & 1331 E KATELLAAVE 14 1340 SANDERSON AVE 15 1440 SANAHEIM BLVD H8 16 1440 SANAHEIM BLVD SP H2 & 11 17 1759 S CLAUDINA WAY 18 1801 E KATELLAAVE 19 1801 S STATE COLLEGE BLVD 20 1929 -1939 S STATE COLLEGE BL 21 2000 GENE AUTRY WY 222020 E BALL RD 23 2100 E BALL RD 24 2438 E KATELLAAVE 25 2550 E KATELLAAVE 26 2610 E KATELLAAVE 27 2695 E KATELLAAVE 28 710 E KATELLAAVE Legend 1 On Sale License Off Sale License Pending License Suspended License 219.22 Census Tract 6/3/1 Licenses: Flowed /Active / Pending 1868 -1 CUP 2005 -04987 CENSUS TRACT MAP CUP 2005-04987 Attachment - Item No. 3 POLICE REPORTING DISTRICT MAP P.C. Date: June 13, 2005 Proposed Site: CHEVRON 1198 S STATE COLLEGE BLVD 1244 Police Reporting Districts 184 % + /- Percentage Above or Below the Average Number of Crimes per District Citywide Bhupinder S. Mac 1198 S State Collage Blvd Anaheim CA 92805 714.535.6500 04/18/05 Letter of Request To Whom It May Concern City of Anaheim Planning Department 200 S Anaheim Blvd Suite 162 Anaheim CA 92805 Dear Sir /Madam; I am the legal owner of Collage Blvd Anaheim CA County of Orange, State Andrew Paszterko, Archi Consulting to apply for Conditional Use Permit, changes: the property at 1198 S State 92806, in the City of Anaheim, of California, and I authorize :ect, of Gasoline Retail Facilities Modification to an existing No.3732, to effect the following 1 Hours of operation Change permitted hours of sales of beer and /or wine from 9am to lopm, permitted presently, to from Gam to 2am (Condition 3.) 2 Single sales eliminate requirement forbidding beer sales in packages containing less then 6, and wine coolers sales in packages containing less then 4 (Condition 8.) Sincerely, x Bhupi r S. Mac CUP No. 3 732 F_AXFdMF_if01=00IGXN RESOLUTION NO. PC2003 -137 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING RESOLUTION NO. PC95 -2 ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 3732 WHEREAS, on January 9, 1995, the Anaheim City Planning Commission did, by its Resolution No. PC95 -2, grant Conditional Use Permit No. 3732 to convert a service station repair bay area in an existing service station at the northeast corner of Ball Road and State College Boulevard (1198 South State College) to a mini - market with the retail sale of beer and wine for off - premises sale and consumption; and WHEREAS, the property is developed with a 1,817 square foot service station and convenience market with two pump island canopies; that the zoning is CL (Commercial, Limited); and that the Land Use Element of the Anaheim General Plan designates the property for General Commercial land uses; and WHEREAS, the petitioner has requested an amendment to this conditional use permit consisting of waiver of minimum structural setback abutting an arterial highway and modification of the previously approved exhibits to raise the height of two existing service station pump island canopies (from 13 feet to 14'/2 feet as measured to the underside of the canopies, and 18 feet as measured to the top of the canopies) to accommodate high profile vehicles; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 6, 2003, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts 1 - That the petitioner requests an amendment to this conditional use permit under authority of Code Section 18.03.092 for waiver of the following to raise the height of two existing pump island canopies at a previously- approved service station with a convenience market with the retail sale of beer and wine for off- premises Section 18.44.063.010 - Minimum structural setback abutting an arterial highway 10 feet, fully landscaped, required; none to 3 feet existing and proposed along Ball Road and State College Boulevard) 2. That the waiver of minimum structural setback abutting an arterial highway is hereby approved due to a special circumstance applicable to this property consisting of its location at the intersection of Ball Road and State College Boulevard which was designated a Critical Intersection 31 years after the service station and pump island canopies were approved in 1961; that when the service station and pump island canopies were constructed, the development complied with the required structural setbacks along both arterial highways and no waivers were necessary; that the Circulation Element of the General Plan was subsequently amended to designate this intersection, among others in the city, a Critical Intersection which included wider ultimate planned rights -of -way along both highways (53 -foot to 65 -foot half widths as measured from the centerline); and, further, that this property's dual frontage on two primary arterial highways effectively doubles the impact of the planned ultimate right -of -way changes, creating a hardship for the existing service station that does not apply to other properties in the vicinity. Tracking No_ CUP2003 -04758 CR \PC2003- 137.doc -1- PC2003 -137 F_AXFdM7_ifai 00reXCI 3. That strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity. 4. That amending this conditional use permit and approving the waiver, under the conditions imposed, is reasonably necessary to protect the public peace, health, safety or general welfare, and necessary to permit reasonable operation under the conditional use permit as previously granted. 5. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim City Planning Commission has reviewed the request to amend this conditional use permit by waiver of minimum structural setback abutting an arterial highway in connection with a previously- approved service station with a mini- market with the off - premises sale and consumption of beer and wine at 1198 South State College Boulevard, and to amend the previously approved exhibits to raise the pump island canopy heights of two existing canopies to accommodate high profile vehicles; and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 3732 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the previously approved 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 Resolution No. PC95 -2, adopted in connection with Conditional Use Permit No. 3732, to approve the waiver of minimum structural setback abutting an arterial highway to raise the height of two existing pump island canopies at the previously- approved service station with a convenience market with the retail sale of beer and wine for off - premises; and BE IT FURTHER RESOLVED that the conditions of approval in Resolution No. PC95 -2 are amended in their entirety read as follows: That the property owner shall record an unsubordinated covenant agreeing to remove the pump island canopy and associated improvements abutting State College Boulevard at no cost to the City at such time as the street is widened to the width designated on the adopted Circulation Element Map of the Anaheim General Plan. Said covenant shall be reviewed and approved as to form by the Public Works Department and City Attorney. Following approval, the covenant shall be recorded in the Office of the Orange County Recorder. A recorded copy shall be submitted to the Public Works Department and the Zoning Division. 2. That no beer or wine shall be sold, furnished, or delivered via a drive -up window. 3. That the sale of beer and /or wine shall be permitted only between the hours of 9 a.m. and 10 p.m., daily. 4. That the quarterly gross sale of alcoholic beverages shall not exceed ten per cent (10 %) of the gross sales of food and /or other commodities sold in the convenience market during the same period. 5. That there shall be no exterior advertising of any kind or type, including advertising directed to the exterior of the building from inside the building, promoting or indicating the availability of alcoholic beverages. 6. That no alcoholic beverages shall be consumed on any property adjacent to the licensed premises and under the control of the licensee. 7. That the parking lot serving the premises shall be equipped and maintained with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about -2- PC2003- F_AXFdr 7_ifNfMiiV5XG? the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate adjacent properties. 8. That beer shall not be sold in packages containing less than a six (6) pack; and that wine coolers shall not be sold in packages containing less than a four (4) pack. 9. That the property owner shall record an unsubordinated covenant agreeing to remove the pump island canopy and associated improvements abutting Ball Road which may be located within the future public right -of -way at no cost to the City at such time the street is widened to the width designated on the Circulation Element of the Anaheim General Plan. Said covenant shall be reviewed and approved as to form by the Public Works Department and City Attorney. Following approval, the covenant shall be recorded in the Office of the Orange County Recorder. A recorded copy shall be submitted to the Public Works Department and the Zoning Division. 10. That the legal property owner shall submit a letter to the Zoning Division requesting termination of Conditional Use Permit No. 3150 (permitting a new service station and convenience market). 11. That there shall be no coin - operated telephones maintained upon or adjacent to the building at any time (other than those which may exist on the date of this resolution). 12. That there shall be no coin - operated games maintained on the premises at any time. 13. That prior to commencement of the activity authorized by this resolution, subject properly shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 5, and as conditioned herein. 14. That prior to commencement of the activity authorized by this resolution, or prior to issuance of a building permit, or within one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 7, 9 and 10, above - mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 15. 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 6, 2003. (ORIGINAL SIGNED BY JAMES VANDERBILD CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: {ORIGINAL SIGNED BY PAT CHANDLER} SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) -3- PC2003- F-AMF M7- ifatMiiLGXN 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 Planning Commission held on October 6, 2003, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, EASTMAN, FLORES, O'CONNELL, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: ROMERO VACANCY: COMMISSIONERS: ONE SEAT IN WITNESS WHEREOF, I have hereunto set my hand this day of , 2003. {ORIGINAL SIGNED BY PAT CHANDLER} SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 4- PC2003- Direction General Plan Designation North, East, and South (across Ball Road) General Commercial West (across State College Boulevard) General Industrial • • Staff Report to the Planning Commission October 6, 2003 Item No. 11 11 a. CEQA NEGATIVE DECLARATION (PREVIOUSLY - APPROVED) (Motion) 11 b. WAIVER OF CODE REQUIREMENT (Motion) 11c. CONDITIONAL USE PERMIT NO. 3732 (Resolution) (TRACKING NO. CUP2003- 04758) Sr5046jr SITE LOCATION AND DESCRIPTION: Attachment - Item No. 3 (1) This rectangularly- shaped, 0.52 -acre property is located at the northeast corner of Ball Road and State College Boulevard with frontages of 150 feet on both the north side of Ball Road and the east side of State College Boulevard (1198 South State College Boulevard). REQUEST: (2) The petitioner requests amendments to exhibits for a previously- approved service station with a convenience market and retail sales of beer and wine for off - premises consumption under authority of Code Sections 18.03.091, and 18.03.040 with waiver of: BACKGROUND: (3) (5) ( ( SECTION 18.44.063.010 Minimum structural setback abutting an arterial highway Ck3 feet required; 0-3 feet existing and proposed) This property is developed with an existing 1,817 square -foot service station and convenience market with two pump island canopies. The Land Use Element Map of the Anaheim General Plan designates this property for General Commercial land uses. (4) Surrounding General Plan designations are as follows: PREVIOUS ZONING ACTIONS: Conditional Use Permit No. 3732 (to permit the conversion of a service station repair bay area within an existing service station to a mini - market with the off - premises sale and consumption of beer and wine) was approved by the Planning Commission on January 9, 1995. (6) Conditional Use Permit No. 3150 (to permit a new service station and a convenience market) was approved by the City Council on June 20, 1989, following approval by the Planning Commission. This permit has expired and is no longer active. Conditional Use Permit 123 (to operate a service station) was approved by the Planning Commission on May 29, 1961. PROPOSAL: The agent for the property owner, Andrew Paszterko, requests modification of exhibits to raise the pump island canopy height of two existing canopies to accommodate higher profile vehicles. Page 1 ( • • Staff Report to the Planning Commission October 6, 2003 Item No. 11 The letter of request indicates this application is to allow an increase in the height of the two existing canopies from 13 feet to 14 feet, 6 inches (as measured from the underside of the canopy). The petitioner indicates this structural modification is necessary to ensure the safety of customers at this establishment, as the canopies have been damaged by high profile vehicles due to insufficient clearance. The petitioner further indicates no relocation or expansion of the canopies is proposed, no new signage is proposed, and no other construction is proposed as part of this request. Minor changes are proposed to the canopy design as part of the height extension (removal of gable pitch to be replaced with a more contemporary flat roof). The total height of the canopies would be 18 feet (as measured to the top of the canopy). ENVIRONMENTAL IMPACT ANALYSIS: (10) Staff has reviewed the proposal to amend previously- approved exhibits for the service station and finds no significant adverse environmental impacts resulting from any changes to the existing project. Therefore, staff recommends that the previously- approved Negative Declaration in connection with Conditional Use Permit No. 3732 serve as the required environmental documentation for this request upon a finding by the Commission that the Negative 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 (a copy of which is available for review in the Planning Department) and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. GROWTH MANAGEMENT ELEMENT ANALYSIS: EVALUATION: Attachment - Item No. 3 (11) The proposed project has been reviewed by affected City departments to determine whether it conforms to the City's Growth Management Element adopted by the City Council on March 17, 1992. Based on City staff review of the proposed project, it has been determined that this project does not fit within the scope necessary to require a Growth Management Element analysis, therefore, no analysis has been performed. (12) The requested waiver pertains to minimum structural setback abutting an arterial highway. Code requires a setback of not less than ten (10) feet in depth, fully landscaped as measured from the planned highway right -of -way line designated on the Circulation Element of the General Plan. Both Ball Road and State College Boulevard are primary arterial highways and this intersection is designated as a critical intersection on the Circulation Element. The planned highway right -of -way line for critical intersections for primary arterials is 65 -feet measured from the centerline of each street. As measured from this planned highway right - of -way (ultimate right -of -way), the canopy abutting Ball Road has a setback of 3 feet and the canopy abutting State College Boulevard encroaches 4 feet, 2 inches into the ultimate rioht- of-way. (13) At the time the service station was constructed and the location of the canopies approved (1961), the ultimate right -of -way at this intersection on both streets was located at 53 -feet from the centerline of each street. A subsequent amendment to the Circulation Element Plan Map designated the intersection of Ball Road and State College Boulevard as a critical intersection, resulting in an expansion of the planned ultimate right -of -way by an additional 12 feet from the centerline of each of these streets (from 53 -foot half width to 65 -foot half width). Page 2 • Attachment - Item No. 3 • Staff Report to the Planning Commission October 6, 2003 Item No. 11 > 1 - MEE OCT 0 6 2003 Y L. I G COMMISSION Ex;sfi rg- CAA c py Loc$'b I;N -_ - - - --R-o- Sair °� etheflklf OIiln+atC 4,5 O z 6 9 , <� • a Q E 3 • 0 £ d l� 031100 31tl1S HInOS J 4J (SIP Ha -315 0 -- ^:C••'v:\.C \030dOte \Ce- E n:3- �nz�: C: \�:iC \59 :. n:c: Current and proposed right -of -way modifications (14) In November of 2002, the City Engineer approved a modification to the ultimate right -of -way for critical intersections. This modification to the ultimate right -of -way is proposed as part of a series of recommended changes to the Circulation Element to be included in the pending General Plan Update. If adopted, this modification would result in a further modification to the ultimate right -of -way from the current half width of 65 feet on both streets, to a half width of 69 feet on Ball Road and 58 -feet on State College Boulevard. The new ultimate right - of -way, if adopted, would result in an encroachment of 1 foot into the right -of -way for the canopy abutting Ball Road, and a setback of 2 -feet. 10 inches for the canopy abutting State College Boulevard. In order to address this anticipated encroachment on Ball Road, staff has included a condition of approval requiring that the property owner enter into an agreement that at such time as the critical intersection improvements along Ball Road are initiated, the owner would bear the cost of relocation of the canopy and associated improvements outside the public right -of -way. The petitioner has indicated his consent to this condition of approval. Page 3 (15) The Development Services Division of the Public Works Department has indicated that the design for critical intersection improvements along State College Boulevard has started, and proposed improvements are funded and anticipated to begin within two years (Summer of 2005). However, critical intersection improvements to Ball Road have not been funded and have no definitive schedule. (16) Staff believes there are special circumstances applicable to the property due to the change in location of the ultimate right -of -way resulting from the critical intersection designation. At the time the service station was constructed, it complied with all development standards and no waivers were requested. Additionally, the dual frontage on both primary arterials effectively doubled the impact of the right -of -way change, creating a hardship for the existing service station that does not apply to properties within the vicinity. Because of these unique circumstances and the fact that the canopies would remain in the same location as originally constructed and currently existing, staff is supportive of the variance request. FINDINGS: (17) When practical difficulties or unnecessary hardships result from strict enforcement of the Zoning Code, a modification may be granted for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone. The sole purpose of any code waiver is to prevent discrimination and none shall be approved which would have the effect of granting a special privilege not shared by other similar properties. Therefore, before any code waiver is granted by the Planning Commission, it shall be shown: (a) • • Staff Report to the Planning Commission October 6, 2003 Item No. 11 That there are special circumstances applicable to the property such as size, shape, topography, location or surroundings, which do not apply to other identically zoned properties in the vicinity; and (b) That strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity. (18) Subsection 18.03.092 of the Anaheim Municipal Code provides for the modification or termination of a conditional use permit for one or more of the following grounds: (a) That the approval was obtained by fraud; Attachment - Item No. 3 (b) That the use for which such approval is granted is not being exercised within the time specified in such permit; (c) That the use for which such approval was granted has ceased to exist or has been suspended or inoperative for any reason for a period of six (6) consecutive months or more; (d) That the permit granted is being, or recently has been exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation; (e) That the use for which the approval was granted has been so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance; (f) That the use for which the approval was granted has not been exercised, and that based upon additional information or due to changed circumstances the facts necessary to support one or more of the required showings for the issuance of such entitlement as set forth in this chapter no longer exist; and/or Page 4 Attachment - Item No. 3 • • Staff Report to the Planning Commission October 6, 2003 Item No. 11 (g) That any such modification, including the imposition of any additional conditions thereto, is reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to permit reasonable operation under the conditional use permit or variance as granted. RECOMMENDATION: (19) Staff recommends that, unless additional or contrary information is received during the hearing, and based upon the evidence submitted to the Commission, including the evidence presented in this staff report, and oral and written evidence presented at the public hearing, the Commission take the following actions: (a) By motion determine that the previously approved Negative Declaration is adequate to serve as the required environmental documentation for this request. (b) By motion, approve the requested waiver pertaining to minimum structural setback, based on the following: (i) That there are special circumstances applicable to the property due to the change in location of the ultimate right -of -way resulting from the critical intersection designation. At the time the service station was constructed, it complied with all development standards and no waivers were requested. Furthermore, the dual frontage on both primary arterials effectively doubled the impact of the right -of -way change, creating a hardship for the existing service station that does not apply to properties within the vicinity. (c) By resolution, approve Conditional Use Permit No. 3732 (TRACKING NO. CUP2003- 04758) to amend exhibits for a previously— approved service station with a convenience market and retail sales of beer and wine for off - premises consumption based on the following: That petitioner's request to amend previously- approved exhibits is reasonably necessary to permit reasonable operation under the conditional use permit in order to eliminate the potential damage to the canopies by higher profile vehicles utilizing the service station pump dispensers. (d) Staff further recommends the Commission incorporate the conditions of approval contained in Resolution No. PC95 -2 into a new resolution with the following conditions of approval (Condition Nos. 7, 8, 9, 10, and 13 are new and /or modified conditions): 1. That the property owner shall record an unsurbordinated covenant agreeing to remove the pump island canopy and associated improvements abutting State College Boulevard at no cost to the City at such time as the street is widened to the width designated on the adopted Circulation Element Map of the General Plan. Said covenant shall be reviewed and approved as to form by the Public Works Department and City Attorney. Once approved, the covenant shall be recorded in the Office of the Orange County Recorder. A recorded copy shall be submitted to the Public Works Department and Zoning Division. 2. That no beer or wine shall be sold, furnished, or delivered via a drive -up window. 3. That the sales of beer and /or wine shall be permitted only between the hours of 9 a.m. and 10 p.m., daily. Page 5 Attachment - Item No. 3 • • Staff Report to the Planning Commission October 6, 2003 Item No. 11 4. That the quarterly gross sales of alcoholic beverages shall not exceed ten per cent (10 %) of the gross sales of food and /or other commodities sold during the same period. 5. That there shall be no exterior advertising of any kind or type, including advertising directed to the exterior from inside the building, promoting or indicating the availability of alcoholic beverages. 6. That no alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 7. That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate adjacent properties. 8. That beer shall not be sold in packages containing less than a six (6) pack, and that wine coolers shall not be sold in packages containing less than a four (4) pack. 9. That the property owner shall record an unsubordinated covenant agreeing to remove the pump island canopy and associated improvements abutting Ball Road which may be located within the future public right -of -way at no cost to the City at such time the street is widened to the width designated on the Circulation Element of the Anaheim General Plan. Said covenant shall be reviewed and approved as to form by the Public Works Department and City Attorney. Once approved, the covenant shall be recorded in the Office of the Orange County Recorder. A recorded copy shall be submitted to the Public Works Department and Zoning Division. 10. That the legal property owner shall submit a letter requesting termination of Conditional Use Permit No. 3150 (to permit a new service station and convenience market) to the Zoning Division. 11. That there shall be no coin- operated telephones maintained upon or adjacent to the building at any time (other than those which may exist). 12. That there shall be no coin - operated games maintained on the premises at any time. 13. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans we on file with the Planning Department marked Exhibit Nos. 1 through%, nd as conditioned herein. 14. That prior to issuance of a building permit, or within one year from the date of this resolution, whichever occurs first, Condition Nos. 1, 8, 9 and 10, above - mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 15. 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 Page 6 Attachment - Item No. 3 • • Staff Report to the Planning Commission October 6, 2003 Item No. 11 include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. Page 7 RESOLUTION NO. PC95 -2 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 3732 BE GRANTED THE SOUTH 203.00 FEET OF THE WEST 203.00 FEET OF THE SOUTHWEST QUARTER OF SECTION 13, BEING A PORTION OF LOT 41 IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGES 256 AND 257 OF PATENTS OF LOS ANGELES COUNTY, CALIFORNIA. Item No. 3 WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 12, 1994 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, 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 January 9, 1995 Planning Commission meeting; WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.44.050.195 to permit the conversion of a service station repair bay area within an existing service station to a mini - market with off - premises sale and consumption of beer and wine. 2. That the proposed use, consisting of a 1,736 sq.ft. mini - market with a service station, is properly one for which a conditional use permit is authorized by the Zoning Code; 3. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; 4. That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare; 5. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; 6. That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; and CR2270 M S. wp -1- PC95 -2 7. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit the conversion of a service station repair bay area within an existing service station to a mini - market with off - premises sale and consumption of beer and wine on an irregularly- shaped parcel of land consisting of approximately 0.52 acre, located at the northeast corner of Ball Road and State College Boulevard, having frontages of approximately 150 feet on the north side of Ball Road and 150 feet on the east side of State College Boulevard, and further described as 1198 South State College Boulevard; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgement 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 grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1.That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Department of Maintenance for review and approval. 2.That the sale of prepared food items shall be prohibited unless five (5) additional on -site parking spaces are provided or a parking variance is approved. 3.That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 3. 4.That if the applicant does not obtain an alcoholic beverage control license within one (1) year from the date of this resolution, the portion of subject conditional use permit pertaining to the sale of beer and wine shall terminate. 5.That no beer or wine shall be sold, furnished, or delivered via a drive -up window. 6.That the sales of beer and /or wine shall be permitted only between the hours of 9:00 a.m. and 10:00 p.m. daily. 7.That the quarterly gross sales of alcoholic beverages shall not exceed ten percent (10 %) of the gross sales of food and /or other commodities sold during the same period. 8.That there shall be no exterior advertising of any kind or type, including advertising directed to the exterior from inside the building, promoting or indicating the availability of alcoholic beverages. 9.That no alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. -2- PC95 -2 10.(a)That the parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about said parking lot; and (b)That the lighting in the parking lot shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window areas of any nearby businesses. 11. ( a)That, if sold, wine coolers shall be sold only in quantities of a four (4) pack or more; and (b)That signs shall be prominently posted at the wine storage and the cash register areas reading: " Wine coolers may be purchased on this premises only in quantities of a four (4) pack or more." 12. ( a)That beer shall be sold only in quantities of a six (6) pack or more; and (b)That signs shall be prominently posted at the beer storage and cash register areas reading: "Beer may be purchased on this premises only in quantities of a six (6) pack or more." 13.That there shall be no coin - operated telephones maintained upon or adjacent to the building at any time (other than those which may currently exist). 14.That there shall be no coin - operated games maintained upon the premises at any time. 15.That prior to issuance of a building permit or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition No. 1, above - mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 16.That prior to final building and zoning inspections, Condition Nos. 3 and 10, above - mentioned, shall be complied with. 17.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 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. January 9, 1995. ATTEST: THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of SECRETARY, ANAHEIM CITY PLANNING COMMISSION CHAIRWOMAN ANAHEIM CITY PLANNING COMMISSION -3- PC95 -2 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, 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 9, 1995, by the following vote of the members thereof: AYES: COMMISSIONERS: BOYDSTUN, HENNINGER, MAYER, TAIT NOES: COMMISSIONERS: CALDWELL, MESSE, PERAZA ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this day of 1995. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC95 -2 ITEM NO. 1 -A I (PTMU) RCL 56 -57 -93 RCL 2004 -00129 CUP 3873 RCL 99 -00-15 CUP 2562 (Res. of Int. to SE) CUP 2508 PR (PTMU) RCL 90 -91 -06 CUP 1908 ANGEL STADIUM (Res. of Int. to CO) CUP 1725 PARKING RCL 66 -67 -14 CUP 1587 STADIUM BUSINESS PARK SMALL INDUSTRIAL FIRMS COMMERCIAL SHOPS O-L (PTMU) RCL 99 -00 -15 (Res of 1- to SE) (PTMU) RCL 81 -82 -02 O-L TTM 16826 99-0 < RCL 56 -57 -93 RCL 99 -00 -1-1 5 -RCL 99 -00 -15 (1) Q VAR 4326 (Res. of Int. to SE RCL 85 -86 -02 > UCI MEDICAL CENTER VAR 3279 RCL 81 -82 -02 Res. of Int. to CO) PARKING RCL 56 -57 -93 RCL 66 -67 -14 _ J GENERAL SERVICES AND CUP 2979 RCL 56 -57 -93 MATERIALS MANAGEMENT VAR 4326 VAR .086 N O FACILITY VAR 3279 PARKING DAG 2005 -00006 00 I (PTMU) CL METRO CENTRE T -FSP 2002 -00003 ( (CUP 2713)4) RCL 99-00.15 OFFICE BUILDING FSP 99-04 VACANT PARKING LU (Res. of Int. to SE) RCL 66 -67 -14 W RCL 56 -57 -93 566 LU VAR 4235 SUMMITVILLE O- L(PTMU) J TILE I (PTMU) RCL 99 -00 -15 O RCL 99 -0615 I (PTMU) (Res. of Int. to SE) U :es. of Int. to SE) RCL 99 -00 -15 RCL 81 -82 -09 RCL 66 -67 -14 RCL 66 -67 -14 RCL 56 -57 -93 (Res of 6- to SE) W CUP 1953 RCL 66 -67 -14 R VAR 34623 1-- ETRO CENTRE RCL 56 -57 -93 m Q RCL 99 -00.15 OF OFF. BLDG. CUP 1953 VAR 3606 O-L (PTMU) m Res. of 9- G- SE) OFFICE BUILDING VAR 3587 FICE ~ ( RCL f Int. to STADIUM CENTRE BUILDING U) RCL 56-57-93 Ii PARKING L 1(P MU) ELEC VACANT ORANGEWOOD AVENUE _ A A NAHEIM CITY LIMITS ' I I(PiMU) Ri;L969 15 VACANT \ \\ ( ( �� (Res of Int to SE) \ ■ RCL6667 -14 \ (-+� ( ( / ■ RCL 5 57 -93 \ ( ( CUP2777 I (m 1U) ■ RCI Fl(i -F Tentative Tract Map No. 16826 Subject Property Development Agreement No. 2005 -00006 Date: June 13, 2005 Scale: 1"=200' Requested By: STADIUM LAND PARTNERS, LLC Q.S. No. 108 TENTATIVE TRACT MAP NO. 16826- TO ESTABLISH A 1 -LOT, 266 -UNIT AIRSPACE ATTACHED RESIDENTIAL CONDOMINIUM SUBDIVISION. DEVELOPMENT AGREEMENT NO. DAG2005- 00006- REQUEST TO ADOPT A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANAHEIM AND STADIUM LAND PARTNERS, LLC, FOR THE GATEWAY CENTRE CONDOMINIUM PROJECT TO CONSTRUCT A 266 -UNIT RESIDENTIAL CONDOMINIUM PROJECT. 2045 South State College Boulevard - Gateway Centre Condominiums 1851 Staff Report to the Planning Commission June 13, 2005 Item No. 4 4a. CEQA MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PLAN NO. 131 (Motion for continuance) 4b. TENTATIVE TRACT MAP NO. 16826 4c. DEVELOPMENT AGREEMENT NO. 2005 -00006 SITE LOCATION AND DESCRIPTION: (1) This irregularly- shaped, 3.8 -acre property has frontage of 292 feet on the west side of State College Boulevard, a maximum depth of 566 feet, and is located 337 feet north of the centerline of Orangewood Avenue (2045 South State College Boulevard — Gateway Centre Condominiums). REQUEST: (2) The petitioner requests approval of the following: Tentative Tract Map No. 16826 - to establish a 1 -lot, 266 -unit airspace attached residential condominium subdivision. Development Agreement No. 2005 -00006 - request to recommend City Council adoption of a Development Agreement between the City of Anaheim and Newport Federal, for the Gateway Centre Condominium Project to construct a 266 -unit residential condominium project. The Planning Commission's role is to look at the land use aspects of the Agreement, specifically whether the eligibility criteria has been met, whetherthe Agreement is consistent with the General Plan and whether the project implemented by the Agreement is compatible with the development of the surrounding area. The City Council will consider whether to approve the Agreement- BACKGROUND (3) This property is currently vacant and contains overflow parking for an adjacent office building and is zoned I (PTMU) (Industrial, Platinum Triangle Mixed Use Overlay). The Anaheim General Plan designates this property and all surrounding properties for Mixed Use land uses. The Platinum Triangle Master Land Use Plan (PTMLUP) further indicates the property is located in the Gateway District of the PTMU Overlay. (4) The applicant's consultant, Geoff Scott, has submitted the attached letter dated June 8, 2005, requesting a continuance to the June 27, 2005, Commission meeting to allow time to prepare more detailed final exhibits in anticipation of the public hearing- RECOMMENDATION (5) That the Commission, by motion, continue this item to the June 27, 2005, Planning Commission meeting. SR(con't )-DAG 0506 PC061305.dm Page 1 file: / // REPORTS / Planning %2OCommission /PC %2OJme %2013, %20200 ... k/Item %20No " /0204/ Attl/Request %20ContinumeeDAG0506PC061305.htm From: Geoff Scott [Geoff@tbplanning.com] Attachment -Item No. 4 Sent: Wednesday, June 08, 2005 5:19 PM To: John Ramirez Cc: John Stanek (E -mail) Subject: Request Continuance John, This is an official request to continue the Planning Commission Hearing for the Gateway Centre condominiums from Monday, June 13th to Monday, June 27tH Regards, Geoff Scott Principal & B Planning Consultants file: / // REPORTS / Planning %2OConunission /PC %2OJme %20 ... No. %204 /Attl/ Request %2OContinu eeDAGO506PCO61305.htrn6 /9/2005 1:12:43 PM ITEM NO. 1 -A TERANIMAR DRIVE -90 -39 10911. L135 7 -36 10 TER/ 2E 36 1 DU 7E RS -2 x x 1 DU EACH Z N Q 0 N Q � W C6 W ° D ° M S-2 M R 1 DU EACH RM-4 RCL 73 -74 -29 VAR 2568 APTS. 1 VAR 3673 RM-0 T RCL 76 -77 -35 LU 1 DU T RCL 69 -70 -04 Z) RCL66 -67 -29 (: Z LU > T Q VACANT Z N V w RM -4 F W RCL 77 -78 -16 a LU VAR 3419 RM-4 �¢ APTS. RCL 84 -85 -32 VAR 3487 C -G RCL 63- 64-139 APTS. m �a RCL 61 -62 -20 a' CUP 3002 Uw I VACANT F 741 L135 7 -36 10 TER/ 2E 36 1 DU 7E RS -2 x x 1 DU EACH Z N Q 0 N Q � W C6 W ° D ° M S-2 M R 1 DU EACH RM-4 RCL 73 -74 -29 VAR 2568 APTS. 1 VAR 3673 RM-0 P N 91 -02 RCL 76 -77 -35 VAR 2867 APTS. RM -4 T RCL 69 -70 -04 1 D RCL66 -67 -29 (: RM -4 RCL 62-63 -109 APTS. RM-2 RCL 87 -8849 I RM -4 RCL 69 -70 -( VAR 2107 APTS. RM -2 RCL 74 -75 -33 RCL 65-66 -116 (/AR 2709 VAR 1797 RM -4 CL 69 -70 -21 VAR 2133 APTS. RM -? GLEN HOLLY DR 41 CUP 2004 -04951 1 DU EACH -ACH N; am op m m wae K� a— 198' BALL ROAD Cn U H ry D O U x U W 0 ° U Cn W Q C7 F- Q W Q W DI ° Reclassification No. 2004 -00141 (READVERTISED) Subject Property Conditional Use Permit No. 2004 -04951 Date: April 4, 2005 Tentative Tract Map No. 16833 Scale: 1"=200' Requested By: ODON MARC[ Q.S. No. 10 RECLASSIFICATION NO. 2004 -00141 - REQUEST RECLASSIFICATION OF THE SUBJECT PROPERTY FROM THE T (TRANSITION) ZONE TO THE RM -3 (RESIDENTIAL, MUTIPLE- FAMILY) ZONE, OR A LESS INTENSE ZONE. CONDITIONAL USE PERMIT NO. 2004 -04951 - REQUEST TO CONSTRUCT A 16 -UNIT, ATTACHED AND DETACHED, SINGLE - FAMILY RESIDENTIAL SUBDIVISION. TENTATIVE TRACT MAP NO. 16833 - TO ESTABLISH A 1 -LOT, 16 -UNIT, ATTACHED AND DETACHED, SINGLE - FAMILY RESIDENTIAL SUBDIVISION. 3117, 3121 and 3125 West Ball Road 1748 T T N 1 DU EACH Staff Report to the Planning Commission June 13, 2005 Item No. 5 5a. CEQA NEGATIVE DECLARATION (Motion for continuance) 5b. RECLASSIFICATION NO. 2004 -00141 5c. CONDITIONAL USE PERMIT NO. 2004 -04951 5d. TENTATIVE TRACT MAP NO. 16833 SITE LOCATION AND DESCRIPTION: (1) This rectangularly- shaped, 1.4 -acre property has a frontage of 198 feet on the north side of Ball Road, a maximum depth of 277 feet and is located 741 feet east of the centerline of Western Avenue (3117, 3121 and 3125 West Ball Road). REQUEST: (2) The applicant requests approval of the following: Reclassification No. 2004 -00141 — to reclassify this property from the T (Transition) zone to the RM -3 (Residential, Multiple - Family) zone, or less intense zone. Conditional Use Permit No. 2004 -04951 —to permit a 16 -unit attached and detached single - family residential subdivision. Tentative Tract Map No. 16833 —to establish a 1 -lot, 16 -unit attached and detached single - family residential subdivision- BACKGROUND (3) This item was continued from the February 7, February 23, March 7, April 4 and May 2, 2005, Planning Commission meetings to allow the architect to redesign the project to comply with the Corridor Residential Design Guidelines. (4) The applicant, Walter Bowman, has submitted the attached letter dated May 26, 2005, requesting a further continuance to the July 11, 2005, Commission meeting to redesign the project in response to comments received from the neighborhood and staff- RECOMMENDATION (5) That the Commission, by motion, continue this item to the July 11, 2005, Planning Commission meeting to allow the architect additional time to redesign the project. SR- RCL2004 -00141 akv.dm Page 1 05/26/2005 10:19 7149954825 BOWMANREALESTATE PAGE 01/01 Attachment - Item No. 5 Bonaoni Properties/D.S. Products 5622 Research. Drive 1-luntington Beach, CA 92649 May 26, 2005 City of Anaheim Planning Divi sion Attn: Amy Vazquez, Associate Planner Judy P. Dadant, Senior Planner VIA FAX 714 765 -5280 RE: 3117, 3121, and 31.25 West Ball Road C.EQA Negative Declaration Reclassification No. 2004 -00141 Conditional Use Permit No. 2004 -04951 Tentative Tract Map No. 16833 Dear Ladies, Pursuant to our discussions on this matter, please be advised that we wish to request a continuance of this item to the July 11, 2005 Planning Commission meeting. Your continued consideration and cooperation is greatly appreciated If you have any questions, please call me @ 714 995 -4432 Sincerely, Walter K o 4 an Associate cc