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PC 2006/03/06 (3)Anaheim Planning Commission Agenda Monday, March 6, 2006 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 1:00 P.M. • Staff update to Commission on various City developments and issues (As requested by Planning Commission) • Preliminary Plan Review for items on the March 6, 2006 agenda Recess To Afternoon Public Hearing Session • Reconvene To Public Hearing 2:30 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: \docs \clerical \agendas \030606.doc (03/06/06) Page 1 Anaheim Planning Commission Agenda - 2:30 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim Planning Commission or public comments on agenda items with the exception of public hearing items. Consent Calendar: The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and /or removed from the Consent Calendar for separate action- 1 A. (a) (b) Agent: Reky Hiramoto, Beazer Homes, 1800 East Imperial Highway, Suite 200, Brea, CA 92821 Location: 1818 South State College Boulevard: Property is approximately 3.4 acres located south and east of the southeast corner of State College Boulevard and Katella Avenue with frontages of 327 feet on the east side of State College Boulevard and 105 feet on the south side of Katella Avenue (Platinum Centre Condominiums). Request to determine substantial conformance for modifications to previously- approved exhibits for an attached 265 -unit condominium project within the Platinum Triangle. 1B.(a) (b) Location: 200 North Via Cortez: Property is approximately 5.7 acres located at the northeast terminus of Via Cortez and south of the SR -91 (Riverside Freeway), with a frontage of 161 feet on the northeast terminus of Via Cortez, located 837 feet north of the centerline of Santa Ana Canyon Road (Caliber Motor - Mercedes Benz). Request to determine substantial conformance of revised elevation and sign plans for a previously- approved automotive dealership. H: \docs \clerical \agendas \030606.doc Project Planner. (a vazquez @anaheim. net) Q. S. 118 Project Planner. (a vazquez@ anaheim. net) Q. S. 108 (03/06/06) Page 2 Agent: Hossein Zandi, Caliber Motors, 5395 East La Palma Avenue, Anaheim, CA 92807 1C.(a) CONDITIONAL USE PERMIT NOS. 1031 AND 1228 (TRACKING NO. CUP2006- 05062) Agent: James Myron, Citadel Law Offices & Financial Services, 4695 Mac Arthur Court, Suite 100, Newport Beach, CA 92660 Peter Capriotti II, Cotti Foods Corporation, 26111 Antonio Parkway, Suite 100, Las Flores, CA 92688 Location: 100 and 130 North State College Boulevard: Parcel A: Property is approximately 0.5 acre located at the northeast corner of Center Street and State College Boulevard (100 North State College Boulevard). Parcel B: Property is approximately 0.3 acre located at the southeast corner of State College Boulevard and Underhill Avenue (130 North State College Boulevard). Request to terminate Conditional Use Permit No. 1031 (to establish a walk -up restaurant), and Conditional Use Permit No. 1228 (to permit on -sale beer and wine in an existing restaurant). TERMINATION RESOLUTION NO. 1D. Receiving and approving the Minutes from the Planning Commission Meeting of January 9, 2006. (Motion) Continued from the January 23, and February 6, and 22, 2006, Planning Commission meetings. 1E. Receiving and approving the Minutes from the Planning Commission Meeting of February 22, 2006 (Motion) H: \docs \clerical \agendas \030606.doc Project Planner. Qnixon@ anaheim.net) Q. S. 112 (03/06/06) Page 3 2a. CEQA NEGATIVE DECLARATION 2b. VARIANCE NO. 2005 -04675 Owner: Therese Hotvedt, The Shops at Stadium Towers, 1100 Newport Center Drive, Suite 150, Newport Beach, CA 92660 Agent: Peter Louis/John Hill, 3195 -B Airport Loop Drive, Costa Mesa, CA 92626 Location: 2410 - 2420 East Katella Avenue: Property is approximately 2.4 acres, having a frontage of 600 feet on the south side of Katella Avenue and is located 37 feet east of the centerline of Howell Avenue (Stadium Towers Plaza). Request waivers of (a) minimum number of parking spaces, (b) permitted number of tenants on a monument sign, (c) maximum number of monument signs, (d) maximum height of monument sign, (e) permitted number of wall signs, (f) permitted location of wall signs, and (g) maximum height of letters /logos on wall signs to waive minimum number of parking spaces and permitted signs for a previously- approved commercial center. Continued from the January 23, and February 6, and 22, 2006, Planning Commission meetings. Variance Resolution No. H: \docs \clerical \agendas \030606.doc Request a continuance to March 20, 2006 Project Planner. ( ava zauez(cDa naheim. net) Q.S. 118 (03/06/06) Page 4 3a. 3b. 3c. 3d. 3e. 3f. SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 99 -01 (AMENDMENT NO. 3 TO THE FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 99 -01) (TRACKING NO. DAG2006- 00001) 3g. TENTATIVE PARCEL MAP NO. 2002 -205 (TRACKING NO. SUBTPM2002 -205) 3h. FINAL SITE PLAN NO. 2006 -00002 3i. REQUEST FOR CITY COUNCIL REVIEW OF ITEM NOS. 3d, 3e. 3g and 3h Owner: Anaheim GW, LLC 17140 Bernardo Center Drive, Suite 310, San Diego, CA 92128 Zabys LP, 444 W. Katella Ave, Anaheim, CA 92802 -3608 Pyrovest Corp, 1101 E. Garvey Ave. #208, Monterey Park, CA 91755 -3055 Agent: William J. Stone Excel Realty Holdings, 17140 Bernardo Center Drive, Suite 310, San Diego, CA 92128 City of Anaheim, Planning Department, 200 South Anaheim Boulevard, Suite 162, Anaheim, CA 92805 Location: The Anaheim GardenWalk (formerly known as "Pointe Anaheim ") project site is located on approximately 29.1 acres in The Anaheim Resort between Harbor Boulevard and Clementine Street, and Disney Way and Katella Avenue. The project site has approximate frontages of 1,500 feet on the south side of Disney Way between Harbor Boulevard and Clementine Street, 1,185 feet on the west side of Clementine Street between Disney Way and Katella Avenue (excluding Fire Station No. 3 at 1713 -1717 South Clementine Street), 728 feet on the north side of Katella Avenue between Clementine Street and a point 771 feet west of the centerline of Clementine Street, and 585 feet on the east side of Harbor Boulevard between Disney Way and a point 615 feet south of the centerline of Disney Way. The site is vacant except for the Anaheim Plaza Hotel and Suites at 1700 South Harbor Boulevard. Request: The request is for approval of modifications to the Anaheim GardenWalk (formerly Pointe Anaheim) project to permit the following: 569,750 square feet of specialty retail, restaurants, and entertainment uses, including movie theaters; 1,628 hotel rooms (including up to 500 vacation ownership units) and 278,817 square feet of hotel accessory uses; a transportation center, and 4,800 parking spaces. The project includes two development phases. The first phase includes the development of approximately 20.3 acres of the project site (Area A) with 439,600 square feet of specialty retail, restaurants, and entertainment uses, H: \docs \clerical \agendas \030606.doc (03/06/06) Page 5 including movie theaters; 1,266 hotel rooms (including up to 400 vacation ownership units) and 216,820 square feet of hotel accessory uses, a transportation center, and 3,200 parking spaces. The remaining 8.8 acres (Area B) would be developed as a subsequent phase with up to 130,150 square feet of specialty retail, restaurants, and entertainment uses, 362 hotel rooms (including up to 100 vacation ownership units) and 61,997 square feet of hotel accessory uses, and 1,600 parking spaces. The proposed actions consist of the following: Second Addendum To The Pointe Anaheim Initial Study And Mitigated Negative Declaration /Mitigation Monitoring Program No. 004a. A request for determination that the Second Addendum to the Pointe Anaheim Initial Study and Mitigated Negative Declaration /Mitigation Monitoring Program No. 004a is adequate to serve as the required environmental documentation for the proposed project actions. General Plan Amendment No. 2005 -00440 — Request for an amendment to the Land Use Element, Table LU-4, "General Plan Density Provisions for Specific Plans within The Anaheim Resort and for the Platinum Triangle Area" to reflect the proposed modifications to the Anaheim GardenWalk project. Amendment No. 6 to The Disneyland Resort Specific Plan No. 92 -1 — Request for an amendment to the Specific Plan including, but not limited to, the Land Use Plan, Public Facilities Plan, Design Plan, General Plan Consistency, and Zoning and Development Standards to reflect the proposed modifications to the Anaheim GardenWalk project. Amendment to Conditional Use Permit No. 4078 — Request for an amendment to the Conditional Use Permit to reflect the proposed modifications to the Anaheim GardenWalk project including modificationE to the previously- approved waiver of minimum number of parking spaces and conditions of approval. Second Amended and Restated Development Agreement No. 99 -01 (Amendment No. 3 to the First Amended and Restated Development Agreement No. 99 -01) — Request for a recommendation to the City Council on a proposed amendment to the Development Agreement to reflect the proposed modifications to the Anaheim GardenWalk project. Tentative Parcel Map No. 2002 -205 — Request to establish a 7 -lot, including 1 air - space, non - residential condominium subdivision for a portion of the Anaheim GardenWalk project site (Area A on the attached Location Map). Final Site Plan No. 2006 -00002 — Request for approval of a Final Site Plan for approximately 439,600 square feet of specialty retail, restaurants, and entertainment uses, including movie theaters, and parking facilities encompassing 3,200 parking spaces (approximately 125 parking spaces may be developed as part of future hotel phases) and 15 bus parking spaces within Area A. Second Addendum to Mitigated Negative Declaration /Mitigation Monitoring Program Resolution No. General Plan Amendment Resolution No. Amendment No. 6 to The Disneyland Resort Specific Plan Resolution No. Conditional Use Permit Resolution No. _ Development Agreement Resolution No. H: \docs \clerical \agendas \030606.doc Project Planner. (twhite@ anaheim.net) Q.S. 87 (03/06/06) Page 6 Adjourn To Monday, March 20, 2006 at 12:00 P.M. for a Workshop on Multiple Family Development Parking Requirements and Preliminary Plan Review. CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:00 g.m. March 2. 2006 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCfL DISPLAY KIOSK SIGNED: ~LCO ~/ I~.f 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 Tele hone S stem at 714.765-5139. H:\dots\clerical\agendas\030606.doc (03/06/06) Page 7 SCHEDULE 2006 March 20 April 3 April 17 May 1 May 15 May 31 (Wed) June 12 June 26 July 10 July 24 August 7 August 21 11 September 6 (Wed) 11 11 September 18 11 October 2 October 16 October 30 November 13 November 27 December 11 II December 27 (Wed) II H: \docs \clerical \agendas \030606.doc (03/06/06) Page 8 Item No. 1A ' 4G (Res. of to SE) RCL 90 -0- 97 -17 RCL 66- 4 60-61-113 RCL 56 -57 -93 O-L (PTMU) I(PTMU) Q 04 -9 O -L (PTMU) CUP 3957 RCL20 0012 TTM 16618 TOWN PLACE CUP 3406 RCL 99 -00.15 0-15 > BALLY FITNES es. of Int. to SE RCL 99 -00-15 LU SUITES CUP 690 ) Res. of Int. to SE) J VAR 2765 RCL 90.91 -17 to SE) ( RCL 66 -67 -14 � --------- - - - - -- RCL 5 6 - -74 -19 ��� RCL 56-57-93 5-42 RCL 55 -56 -19 Q —�� ���� CUP 4747 RCL 54 -55-42 00 CUP 3957 T -CUP 2004 -04939 CUP 3406 CUP 2004 -04906 CUP 3386 LU BANK \ CUP 2862 VAR 4129 (D O- L(PTMU) PARKING RcO -L ((OP) CUP 1427 LU DAG 2005 -00010 J \ CUP DAG 2004 -00002 J O- L(PTMU) RCL 90 -97 -17 \ \ OFFICE X15 STADIUM LOFTS RCL 66-67-14 o SE) MIXED USE U RCL 56 -57 -93 _L (PTMU) \( \\ -14 RESIDENTIAL T -CUP 2000 -04260 O -L (PTMU) ' CONDOMINIUM LU CUP 4141 FOOD t \ -7 CUP 3957 REST. COURT \ \ � Q CUP 3406 \ CUP 690 U) TPM NO. 97 -155 (CUP 3356 T) REST. KATELLA AVENUE 105' (PTMU) R&o6 -15 (PTMU) I(PTMU) Int to SE) I T RCL 99 - 00 - RCL 99 -00 -15 667 -14 CUP cuPV4 (Res. of lnt. to SE) 2es. of Int. to SE) 6 57 -93 MCOONALBS CuP2598 RCL66 -67 -14 3836 VAR 24080RNE THRU cuP 2425 Z RCL66 -67 -14 1370 vAR1822 REST CUP 1814 RCL 59 -60 -61 r RCL 56 -57 -93 S_ VAR 2U8 Res of Intent to MIA) o- 4 CUP 1652 RCL 56 -57 -93 — > CUP 447 5 I (PTMU) CUP 2226 VAR 2466 VAR 2618 RCL 99 -00 -15 CUP 447 S CUP 1745 MOTEL (Res. of Int. CUP 1319 VACANT to SE CUP 447 S 0� (PTMU) CUP 2005 -04967 MOTEL TTM 16825 DAG 2005 -00004 - - RCL 99-00.15 ESP 2005 -00004 KAYOOP I(PTMU) (Res_ of Int to SE) GPA 2005 -00435 OFFICE BLD I(PTMU) RCL 99 -00 -15 RGL 868722 MIS 2005 -00113 RCL 99 -00.15 (Res. of Int. to SE) m RCL 5 � -93 ZC A 2005 -00044 (Res. of Int. to SE) RCL 66-67 -14 (PTMU) RCL 56 -57 -93 RCL 56 -57-93 T C P 2 01 RCL 99 -00.15 CUP 447 S CUP 7377 CUP200584975 (Res. of Int. to SE) - - - -- IND_ -- - - - - -- CUP 447S CUP 2883 RCL 59 -60-61 — VAR 2561 CUP 1111 .----- - - - - RETAIL TILE FSP 2005 -00805 (Res of Intent to MIA) - - -- ---- - - - - -- DAG 2005 -00005 RCL 56 -57 -93 1 (PTMU) VACANT L / //j VAR 2466 1(PTMU) RCL 99 -00.15 RCL 99 -00 -15 (Res. of Int. to SE) (Res. of Int. to SE) RCL 66 -67 -14 RCL 56 -57 -93 RCL 56 -57 -93 CUP 447 S CUP 2 00 3 -04721 IND. FIRM CUP 447 S SMALL IND. FIRMS ANGEL STADIUM OF ANAHEIM PR (PTMU) „ RCL 9 -00-15 \\ \ \\ 1(PTMU) (Res. of Int. to SE) RCL 99 -00-15 RCL 56 -57 -9 (Res. of Int. to SE) CUP 2400 N on cc 91 oa CUP 750 ALL PROPERTIES ARE IN THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE. Conditional Use Permit No. 2005 -04975 Subject Property TRACKING NO. CUP2006 -05074 Date March 6, 2006 Scale 1"=200' Requested By REKY HIRAMOTO Q.S. No. 118 1818 South State College Boulevard 10009 Staff Report to the Planning Commission March 6, 2006 Item No. 1 -A 1 -A. REPORTS AND RECOMMENDATIONS a. CEQA MITIGATED NEGATIVE DECLARATION (PREVIOUSLY- APPROVED) (Motion) b. CONDITIONAL USE PERMIT NO. 2005 - 04975— DETERMINATION OF SUBSTANTIAL CONFORMANCE (Motion) (TRACKING NO. CUP 2006 - 05074) SITE LOCATION AND DESCRIPTION: (1) This irregularly- shaped, 3.4 acre property is located south and east of the southeast corner of State College Boulevard and Katella Avenue with frontages of 327 feet on the east side of State College Boulevard and 105 feet on the south side of Katella Avenue (1818 South State College Boulevard - Platinum Centre Condominiums). REQUEST: (2) The petitioner requests a determination of substantial conformance for modifications to previously- approved exhibits for an attached 265 -unit condominium project within the Platinum Triangle under authority of Code Section No. 18.60.190.020. BACKGROUND: (3) This property is currently vacant and is zoned I (PTMU) and O -L (PTMU) (Industrial; Platinum Triangle Mixed Use Overlay and Low Intensity Office; Platinum Triangle Mixed Use Overlay). The Anaheim General Plan designates this property as well as properties to the north (across Katella Avenue), east, south and west (across State College Boulevard) for Mixed Use land uses. The PTMLUP further indicates the property is located in the Katella District of the PTMU Overlay. (4) Conditional Use Permit No. 2005 -04975 (to modify the required setbacks adjacent to State College Boulevard and the proposed private street) and Development Agreement No. 2005 -00005 (for a 265 -unit attached residential condominium subdivision) was approved by City Council on July 26, 2005. Final Site Plan No- 2005-00005 was approved by the Planning Director on May 26, 2005. (5) Resolution No. CC2005 -148, adopted in connection with Conditional Use Permit No. 2005 - 04975, contains the following condition of approval: "36. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by project applicant and which plans are on file with the Planning Department marked Exhibit Nos- 1 through 24 and as conditioned herein." (6) Code Section No. 18.60.190.020 states that minor amendments to a conditional use permit require Planning Commission consideration to determine whether the amendment is in substantial conformance with the use and /or the plans that were originally approved. Such review authority may approve in whole or in part, conditionally approve or deny the amendment. Minor amendments do not require a public hearing unless the review authority determines, in its discretion, that a public hearing is appropriate. Further, the proposed modifications to the final site plan would not increase the intensity or density of the project, or change the permitted Page 1 Staff Report to the Planning Commission March 6, 2006 Item No. 1 -A uses of the property. Therefore, no amendment to the development agreement is required. DISCUSSION: (7) The applicant is requesting a determination of substantial conformance with previously- approved exhibits for an attached 265 -unit condominium project within the Platinum Triangle. The proposed modifications are reflected in revised podium, roof, parking structure, unit floor and elevation plans. (8) The original podium plan included all common recreational facilities and the pool and spa. The revised plans indicate the pool and spa would be relocated to a new roof deck with views to the stadium that would include cabanas, outdoor furniture, BBQ's and potted plants. All other common facilities were designed as a multi- story amenity facing State College Boulevard. The podium level would contain a fitness center and clubhouse and would be enhanced with several water features and landscape amenities throughout the corridors. The third and forth levels were revised to include theater rooms and the fifth level would include a multifunctional game room. Staff believes that the relocation of the pool and spa is an improvement since the sun exposure would be improved and residents would have views to the stadium. The new amenities provided throughout the building would also be an enhancement to the originally approved plans by providing more common amenities for the homeowners to interact. (9) A revised parking garage plan was submitted with an additional subterranean level of parking increasing the number of parking spaces from 533 to 580. The intent of this revision was to provide additional parking for the residents and to construct a few private garages for homeowners with larger units. Additionally, private storage lockers would also be provided for residents. To construct this level, an additional 10 feet would be excavated spanning 59,664 square feet. (10) The applicant is requesting the unit plans be modified as reflected in the following table: Unit No. Approved square footage Proposed square footage 1 651 767 2 855 912 3 912 984 4 984 983 5 1226 1226 6 1235 1235 7 new unit N/A 1235 * Gross square footages reflected in table (plans reflect net) (11) The unit floor plans were also revised by decreasing the square footage of the private balconies in order to provide more common recreational area. Code requires 200 square feet of open space per unit (265x200= 53,000 square feet) and 53,697 square feet is provided (without including any of the balconies). Page 2 Staff Report to the Planning Commission March 6, 2006 Item No. 1 -A (12) The revised elevations plans indicate changes along State College Boulevard to facilitate the relocated common facilities. Further enhancements to the entrance include expansion of the stone veneer to the top of the building, more glass and metal siding on the vestibule canopy. Additional elevation enhancements were introduced on the balconies to provide more texture by use of siding and metal railing. The Katella Avenue (north), private street (east) and stadium side (south) building elevations would remain the same as the original development package. (13) Staff is supportive of the proposed modifications since the plans substantially conform to the approved exhibits, meet the development standards and design criteria of the Platinum Triangle Overlay Zone and are intended to improve the design and livability of the project. ENVIRONMENTAL IMPACT ANALYSIS: (14) Staff has reviewed the request for a review of revised plans and the previously - approved Mitigated Negative Declaration and finds there are no changes to the originally- approved conditional use permit and that the request will not result in any significant adverse environmental impacts. Therefore, staff recommends that the previously- approved Mitigated Negative Declaration serve as the required environmental documentation for this request- RECOMMENDATION (15) 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 take the following actions: (a) By motion, determine that the previously- approved Mitigated Negative Declaration is adequate to serve as the required environmental documentation for the subject request. (b) By motion, approve the request for substantial conformance, since the revised exhibits substantially conform to the approved exhibits and the findings of the original approval; and because the modifications are intended to enhance the design and livability of the project. Page 3 City of Anaheim PI.Aiiilti>(I~IG ~EPA~'i<'2~~11T'1i' March fi, 2006 Reky Hiramoto, Beazer Homes 1800 East Imperial Highway, Suite 200 Brea, CA 92821 Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of March 6, 2006. REPORTS AND RECOMMENDATIONS: 1A. (a) (b) NO. CUP2006-05074) Agent: Reky Hiramoto, Beazer Homes., 1800 East Imperial Highway, Suite 200, Brea, CA 92821 Location: 1818 South State Colleoe Boulevard: Property is approximately 3.4 acres located south and east of the southeast corner of State College Boulevard and Katella Avenue with frontages of 327 feet on the east side of State College Boulevard and 105 feet on the south side of Katella Avenue (Platinum Centre Condominiums). www.anaheim.nel Request to determine substantial conformance for modifications to previously-approved exhibits for an attached 265-unit condominium project within the Platinum Triangle. ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission has reviewed the proposal to determine substantial conformance for modifications to previously-approved exhibits for an attached 265-unit condominium project within the Platinum Triangle and does hereby determine that the previously-approved Mitigated Negative Declaration serves as adequate environmental documentation for this request for determination of substantial conformance. Commissioner XXX offered a motion, seconded by Commfssioner XXX and MOTION CARRIED, that the Anaheim Planning Commission has reviewed the request for substantial conformance, and does hereby determine that the revised plans are in substantial conformance since the revised exhibits substantially conform to the approved exhibits and the findings of the original approval; and because the modifications are intended to enhance the design and livability of the project. Sincerely, Eleanor Morris, Senior Secretary Anaheim Planning Commission Cr em.doc 200 South Anaheim Boulevard P.0. Box 3222 Anaheim, Calilomia 92803 TEL (714)765-5139 ek * + A Niff IO Anniversag r_Mlra1=1M M M AUM KTGY GROUP, INC Architecture Planning 17992 Mitchell South Irvine, California 92614 9491851-2133 FAX 9491851 -5156 Fort Lauderdale, FL I fIZI010-7.7_s ll 0U11Uir, 1 Date: Tuesday, January 17, 2006 To: Amy Vasquez, City of Anaheim From: Jay Wu Project Name:Platinum Centre KTGY Job #: 20040488.01 Subject: Design Improvement Summary Remarks: 1.0 Site Plan / Overall Building Plans .1) Pool & Spa Location. Issue: The initial location of the Pool and Spa was compromised with the new addition of the dedicated left turn lane along State College Boulevard. The width of the courtyard reduced from 75' to 53'. The size of the pool deck prevented adequate 4' clear around the pool per Health and Safety code with lounge chairs. Furthermore, fencing around the pool makes the pool deck visually even smaller. Solution: The design team proposed to move the pool and spa to the roof and centralize the recreational facilities near the entrance lobby facing State College Boulevard. Additional BBQ and pool deck areas are designed to enhance the roof top pool amenities with view to the Anaheim Stadium. Sun exposure is greatly improved with the pool at the roof deck. The podium deck courtyards are enhanced with multiple active BBQ areas with water fountains to enhance landscape amenities. .2) Common Homeowner Facilities. Issue: Beazer wanted to add fitness room to the recreation program and maintain a centralized location near the entrance lobby. Solution: The design team designed a multistory Homeowner Recreation facility with the fitness center and clubhouse at the podium level overlooking State College. Water fountains were increased in the interior courtyards to provide the residences a place to retreat from the outside world. The third and fourth level is the state of the art mini theater. The fifth level is the multifunctional game room. The roof is the Pool and Spa. .3) Third Level Subterranean Parking Garage providing additional parking from 533 to 580 stalls. Issue: The 2 °d level subterranean parking structure footprint incroaches beyond the building envelope into the parkway. Also, Beazer wants to enhance the marketability of the units with the sale of the additional parking spaces to the residences. The additional parking spaces are intended to ease an anticipated greater parking demand for the 1 bedroom units. 1 bedroom units represents 60% of 265 units on the project. Other projects in the Platinum Triangle Overlay Zone had an advantage of greater bedroom variety. I:\ SoCal \4488platinum \Doc\Agency\KTGY MEMORANDUM project changes (2) 01 17 05.doc ek * + A Niff IO Anniversag KTGY GROUP, INC. Architecture Planning 17992 Mitchell South Irvine, California 92614 9491851-2133 FAX 9491851 -5156 Fort Lauderdale, FL I f IZI010- 7.7_s T`U11Uir, 1 Solution: The third level parking garage is designed with roll -up garage doors and storage lockers and will provide residents with another private parking space. The third level parking garage is subterranean (below 2 level) and is incorporated within'' /2 the building envelope to avoid any impact to the surrounding underground utilities. To construct this level, excavating will consists of an additional 10 feet underground spanning approximately 59,664 square feet. .4) Elevator Core move closer to Katella along private road. Issue: Building entry from Katella is limited. Solution: The elevator core was swapped from the secondary vehicular entry to closer to Katella. Resident access into the elevators is designed with a entry lobby w/ key access. 2.0 Unit Plans The bulding square footage has not changed significantly form the origianl approval. As a result of the plan changes as detailed below, the bulding square footage has increased from 554,368 s.f. to 572,499 s.£, a 3% change over the approved square footage. Square footage in certain plans has been increased while others reduced as detailed below: .1) Plan 1 Issue: The plan needs to improve on its efficiency on the party wall for sound insulation. Washer and dryer appliance designed to be a stacked unit. Solution: Plans 1 and 4 revised to simplified the party wall resulted in increasing area for Plan 1 from 651s.£(gross area) to 767s. f. (gross area). Stacked washer and dryer unit relocated to the hallway. .2) Plan 2 Issue: Unit plan sequence follows the size of the unit for coordination purposes. Solution: Plan 2 is revised as Plan 4 of the original design development package. Plan 2 description remains the same as 1 bedroom with 1 bath plan. .3) Plan 3 Issue: Unit plan sequence follows the size of the unit for coordination purposes. Light and ventilation requirement will be difficult for the Den. Solution: Plan 3 is revised as Plan 2 of the original design development package. The Den is redesigned to capture more light and ventilation near the living room. The unit description remains the same as 1 bedroom + den with 1.5 bath. An access door from the Master Bedroom has been added to the original plan for improving the use of the balconies. .4) Plan 4 I:\ SoCal \4488platinum \Doc\Agency\KTGY MEMORANDUM project changes (2) 01 17 05:doc ek * + A Niff IO Anniversary KTGY GROUP, INC. Architecture Planning 17992 Mitchell South Irvine, California 92614 9491851-2133 FAX 9491851 -5156 Fort Lauderdale, FL I IV, IZIir,W 7_voU11Uir, 1 Issue: Unit plan sequence follows the size of the unit for coordination purposes. Plan 1 has been revised to improve on its efficiency of the party wall which affects the design of the Plan 4. Solution: Plan 4 area has been reduced from 984s.f. (gross area) to 983s.f. (gross area) due to redesign of Plan 1. Plan 4 description remains the same as 1 bedroom + den with 1.5 bath. The unit layout formalizes the entry and increase the size of the kitchen to improve cabinet space. Light and ventilation for the den significantly improved with direct access to windows thru the Great Room. .5) Plan 5 Issue: Unit plan lacks sufficient space for the Walk -In- Closet for the Master Bedroom. Bath 2 has no direct access from Great Room. Solution: The Master Bedroom has been redesigned to improve the usable Walk -In- Closet and the placement of the Laundry room. Bedroom 2 has been redesign to provide direct access to Bath 2 from both the bedroom and Great Room. Duel balconies are provided to each bedroom as additional unit amenity. .6) Plan 6 Issue: Bedroom 2 entry door is awkwardly placed in the middle of the room. Distance from the entry to Great Room is not very desirable. Solution: Bath 2 has been relocated toward the party wall for better sound insulation to the bedroom. Kitchen has been revised to shorten the distance between the entry and the great room. A dedicated laundry room has been added to the plan for improving the unit amenity. .7) Plan 7 Issue: The 2 -Plan 6 at the corner of Katella and the private road is 18" wider than allowed on site. Solution: Plan 7 is introduced as an alternative to Plan 6 with a narrower dimension of 38' -4 ". 3.0 Building Elevations .1) State College Building Entry Elevation Issue: The multi -level common homeowner facility requires a new building elevation. Solution: The State College elevation has been redesigned to reflect more glass to identify significance of the entry. Further enhancements includes full stone veneer to the top of the building and metal siding on the vestibule canopy. Additional elevation enhancements were introduced on the balconies to reflect more texture by use of siding and metal railing. Katella and State College building elevations remain the same as the development package. I:\ SoCal \4488platinum \Doc\Agency\KTGY MEMORANDUM project changes (2) 01 17 05:doc ek * + A Niff IO Anniversary KTGY GROUP, INC. Architecture Planning 17992 Mitchell South Irvine, California 92614 9491851-2133 FAX 9491851 -5156 Fort Lauderdale, FL I f IZI010- I.r_iv►Ub1v1A I CC: Mike Platzer, Gregg Gripe, Karen Sully, Ray Of: Platinum Centre Team Pereda I:\ SoCal \4488platinum \Doc\Agency\KTGY WMORANDUM_ inject changes (2) 01 17 05:doc 4 EAR MIT,=, a:I &AUM RESOLUTION NO. 2005 - 148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2005-04975. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit to permit modification of required setback as authorized by Anaheim Municipal Code Section 18.20.090.050 upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 1: PARCELS A AND B, AS SHOWN ON A MAP FILED IN BOOK 22, PAGE 32 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL 2: AN EASEMENT 8.34 FEET IN WIDTH FOR INGRESS AND EGRESS OVER THAT PORTION OF LOT 5 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE SOUTH LINE OF SAID EASEMENT BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE OF THE 60 FOOT ROAD AS SHOWN ON THE MAP OF TRACT NO. 71 (SAID ROAD BEING NOW KNOWN AS STATE COLLEGE BLVD.) SAID POINT BEING 280.34 FEET SOUTH, (MEASURED ALONG SAID CENTERLINE) FROM THE NORTHWEST CORNER OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, THENCE EAST, PARALLEL WITH THE SOUTH LINE OF SAID LOT 5,250 FEET. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN SAID 60 FOOT ROAD AS SHOWN ON THE MAP OF SAID TRACT NO. 71. PARCEL 3: PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 50, PAGE 12 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 4: AN EASEMENT FOR INGRESS AND EGRESS OVER THE NORTHERLY 16.66 FEET OF THE SOUTHERLY 258.14 FEET OF THE WESTERLY 220.00 FEET OF THE FOLLOWING DESCRIBED LAND: THOSE PORTIONS OF LOTS 4 AND 5 OF TRACT NO. 71, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE OF THE 60 -FOOT ROAD AS SHOWN ON THE MAP OF TRACT NO. 71, (SAID ROAD BEING NOW KNOWN AS STATE COLLEGE BOULEVARD), SAID POINT BEING 280.34 FEET SOUTH (MEASURED ALONG SAID CENTERLINE) FROM THE NORTHWEST CORNER OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN; THENCE EAST, PARALLEL WITH THE SOUTH LINE OF SAID LOT 5,250 FEET; THENCE NORTH 0 DEGREES 08'00" WEST 28.34 FEET; THENCE SOUTH 89 DEGREES 59 EAST 54.00 FEET; THENCE NORTH 0 DEGREES 08'00" WEST 36.00 FEET; THENCE SOUTH 89 DEGREES 59' 16" EAST 26.00 FEET; THENCE NORTH 0 DEGREES 08'00" WEST 216.11 FEET TO THE NORTHERLY LINE OF SAID LOT 5, BEING ALSO A POINT IN THE CENTERLINE OF THE STREET DESCRIBED IN THE FINAL ORDER OF CONDEMNATION FILED JULY 8, 1960 AND RECORDED IN BOOK 5321, PAGE 397 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE EAST ALONG SAID LAST MENTIONED CENTERLINE TO THE EAST LINE OF THE LAND CONVEYED IN DEED TO W. H. JEWETT, RECORDED SEPTEMBER 1, 1960 IN BOOK 5400, PAGE 238 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE SOUTH ALONG SAID EAST LINE TO THE SOUTHEAST CORNER THEREOF; THENCE WEST ALONG THE SOUTH LINE OF SAID JEWETT'S LAND AND THE WESTERLY PROLONGATION, TO THE CENTERLINE OF STATE COLLEGE BOULEVARD; THENCE NORTH ALONG SAID CENTERLINE TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM, THAT PORTION INCLUDED WITHIN SAID 60 -FOOT ROAD AS SHOWN ON THE MAP OF TRACT NO. 71. PARCEL 5: THAT PORTION OF LOT 5 OF TRACT NO. 71 2 AS PER MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF PLACENTIA AVENUE, WHICH POINT IS 217 FEET SOUTH OF THE NORTHWEST CORNER OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN; THENCE SOUTH ALONG THE CENTER OF SAID PLACENTIA AVENUE, 55 FEET; THENCE EAST, PARALLEL WITH THE SOUTH BOUNDARY LINE OF LOT 5 TRACT NO. 71, A DISTANCE OF 154 FEET; THENCE NORTH, PARALLEL WITH SAID CENTERLINE OF PLACENTIA AVENUE, 55 FEET; THENCE WEST, PARALLEL WITH THE SOUTH BOUNDARY LINE OF SAID LOT 5, A DISTANCE OF 154 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM, THAT PORTION LYING WITHIN PLACENTIA AVENUE, SHOWN AS A 60.00 -FOOT STREET ON SAID MAP, ADJOINING SAID LOT 5 ON THE WEST. APN: 232 - 021 -07, 232 - 021 -10 and 231- 021 -11; and WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as required by law and the provisions of Title 18 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No.PC2005 -83 granting Conditional Use Permit No.2005- 04975; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful consi- deration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: That the proposed modification to required setbacks is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.20.090.050. 2. That the proposed use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because the proposed project is compatible with existing and surrounding land uses and that the minor deviations from the Code would still achieve a project with architecturally enhanced elevations and layered landscaping, and fiirther provide a project that is compatible and consistent with the General Plan Mixed -Use land use designation and The Platinum Triangle Master Land Use Plan (PTMLUP). 3. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to health and safety. 4. 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 as the proposed project has been analyzed in a Traffic Impact Study dated March, 2005, reviewed and approved by the City Traffic and Transportation Manager and that the required infrastructure improvements along the adjacent streets will be constructed in connection with the project. 5. That the granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 2005 -04975 be, and the same is hereby, granted permitting modification of required setbacks adjacent to State College Boulevard and the proposed private street in accordance with plans herein approved on the hereinabove described real property, subject to the following conditions: I. That this Conditional Use Permit is granted subject to adoption of Development Agreement No. 2005 -00005 and Tentative Tract Map No. 16825, now pending. 2. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement for a domestic above - ground water meter in addition to providing a 5 -foot wide clearance around the water meter pad and a 10 -foot wide access easement along the water line from the street to the water meter pad for maintenance. 3. That a private water system with separate water service for fire protection and domestic water shall be provided. Said information shall be shown on plans submitted for building permits. 4. That all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets and alleys. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans submitted for approval by the Water Engineering Division of the Public Utilities Department. 5. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonments of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Public Utilities Department. 6. That prior to submitting the water improvement plans, the property owner /developer shall submit a water system master plan, including a hydraulic distribution network analysis, to the Water Engineering Division of the Public Utilities Department for review and approval. The master plan shall demonstrate the adequacy of the proposed on -site water system to meet the project's water demands and fire protection requirements. 7. That prior to application for water meters, fire lines or submitting the water improvement plans for approval, the properly owner /developer shall submit to the Water Engineering Division of the Public Utilities Department, 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 be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. 8. That individual water service and/or fire line connections shall be required for each parcel and/or residential and commercial unit per Rule 18 of the City of Anaheim's Water Rates, Rules and Regulations. 9. That because this project has a landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed in compliance with City Ordinance No. 5349 and Chapter 10.19 of the Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. 10. That signs shall be posted indicating no on- street parking shall be allowed on the adjacent streets except where designated turn-out areas are provided for loading and unloading. Such signs shall be shown on plans submitted for the review and approval of the City Traffic and Transportation Manager. 11. That trash storage areas and trash chutes shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with exhibits approved in conjunction with this Conditional Use Permit, on file with the Planning Department. Said information shall be specifically shown on plans submitted for building permits. 12. That the legal property owner shall provide the City of Anaheim with an easement for electrical service lines to be determined as electrical design is completed. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 13. That an on site trash truck turn around area shall be provided per Engineering Standard Detail No. 476 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn around area shall be specifically shown on plans submitted for building permits. 14. That the proposed development shall operate in accordance with the written solid waste management plan signed by the project applicant, Integral Partners. Modifications to the solid waste management plan shall only occur if mutually agreed upon by both the property owner and the City of Anaheim Director of Public Works. 15. That any required relocation of City electrical facilities shall be at the property owner /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. 16. That closed circuit television (CCTV) security cameras shall be installed to monitor the parking structure and the mailroom on the second level of the parking structure to the satisfaction of the Anaheim Police Department. CCTV cameras shall be strategically located throughout the parking structure, covering all areas, especially all pedestrian and vehicular access points. Said information shall be specifically shown on plans submitted for building permits. 17. That each individual building and unit shall be clearly marked with its appropriate building number and address. These numbers shall be positioned so they are easily viewed from vehicular and pedestrian pathways throughout the complex. Main building numbers shall be a minimum of 12 inches in height. Main building numbers and address numbers shall be illuminated during hours of darkness. Said information shall be specifically shown on plans submitted for building permits. 18. That 4 -foot high address numbers shall be displayed flat on the roof in a contrasting color to the roof material. The numbers shall not be visible from view of the street or adjacent properties. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 19. That pedestrian and vehicular access control shall be required to prevent unwanted entry. A digital keypad entry system shall be included to facilitate quick response by emergency personnel. The system's entry code shall be provided to the Anaheim Police Department Communications Bureau and the Anaheim Fire Department. Said information shall be specifically shown on plans submitted for building permits. 20. That adequate lighting on all levels of the parking structure, including circulation areas, aisles, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on -site. Said information shall be specifically shown on plans submitted for building permits. 21. That decorative french doors acceptable to the Planning Services Division shall be provided on all patio (ground -floor) doors. Said information shall be specifically shown on plans submitted for building permits. 22. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view. Said information shall be specifically shown on the plans submitted for building permits. 23. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits. 24. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 25. 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. 26. That the property owner /developer shall be responsible for compliance with all mitigation measures within the assigned time frames and any direct costs associated with the attached Mitigation Monitoring Program No. 129 as established by the City of Anaheim and as required by Section 21081.6 of the Public Resources Code to ensure implementation of those identified mitigation measures. 27. That signage for this project shall be limited to that shown on the approved Conditional Use Permit exhibits submitted by the project applicant, on file in the Planning Department. Any additional signage shall be subject to approval by the Planning Director. 28. That gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic on the adjacent public street. Installation of any gates shall conform to the Engineering Standard Plan No. 475 and shall be subject to the review and approval of the City Traffic and Transportation Manager prior to the issuance of the first building permit. 29. 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. 402, 436, 470, 471, 472, 473 and 475 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 30. That all driveways to the project site 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. 31. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 32. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval in conformance with the Engineering Standard No. 115 pertaining to sight distance visibility for signs or wall /fence locations. Said information shall be specifically shown on plans submitted for building permits. 33. That assigned parking spaces shall be provided for each residential unit. Said information shall be specifically shown on plans submitted for building permits. 34. That visitor parking spaces shall be posted, "No Overnight Parking, Except by Permission of the Management." Said information shall be specifically shown on plans submitted for building permits. 35. That all above - ground utility devices shall be located on private property and outside any required street setback area. Said information shall be shown on plans submitted for the first building permits. 36. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by project applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 24, and as conditioned herein. 37. That prior to issuance of the first 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, 6, 7, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20, 21, 22, 23, 27, 28, 29, 30, 32, 33, 34 and 35, 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. 38. That prior to final building and zoning inspections, Condition No. 36, above mentioned, shall be complied with. 39. That the applicant shall submit enhanced buildinglarchitectural plans for review and approval by the Planning Commission as a "Reports and Recommendations" item prior to City Council action on Development Agreement No. 2005- 00005, Tentative Tract Map No. 16825 and Conditional Use Permit No. 2005- 04975. 40. 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 City Council 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 conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 26th Day of July 2005, by the following roll call vote: AYES: Mayor Pringle, Council Member Sidhu, Hernandez NOES: Council Members Chavez, Galloway ABSENT: None ABSTAIN: None CITY AHEIM B MAYOR OF THvtrrfOF ANAHEIM ATTIAT: ITY CLE K OF THE CITY OF ANAHEIM 58867.1 0 R &R Item No. 1 -A Staff Report to the Planning Commission June 1, 2005 Item No. 2 2a. CEQA MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PLAN NO. 129 (Motion) 2b. CONDITIONAL USE PERMIT NO. 2005 -04975 (READVERTISED) (Resolution) 2c. TENTATIVE TRACT MAP NO. 16825 (Motion) 2d. DEVELOPMENT AGREEMENT NO. 2005 -00005 (Resolution) SITE LOCATION AND DESCRIPTION: (1) This irregularly- shaped, 3.1 acre property is located south and east of the southeast corner of State College Boulevard and Katella Avenue with frontages of 327 feet on the east side of State College Boulevard and 105 feet on the south side of Katella Avenue (1818 South State College Boulevard - Platinum Centre Condominiums). REQUEST: (2) The applicant requests approval of the following: Conditional Use Permit No. 2005 -04975 —to modify the required setbacks adjacent to State College Boulevard and the proposed private street under authority of Code Section No. 1820.090.050. Tentative Tract Map No. 16825 —to establish a 1 -lot, 265 -unit airspace attached residential condominium subdivision. Development Agreement No. 2005 -00005 - to recommend City Council adoption of a Development Agreement between the City of Anaheim and U.S. Southeast Corporation for the Platinum Centre Condominium Project (to construct a 265 -unit condominium complex). The Planning Commission's role is to review the land use aspects of the Agreement, specifically to determine if the eligibility criteria has been met, if the Agreement is consistent with the General Plan and if the project implemented by the Agreement is compatible with the development of the surrounding area. The City Council will consider approval of the Agreement- BACKGROUND (3) This item was continued from the May 2, 2005, Planning Commission meeting in order to readvertise the project to include the requested setback modification along the private street. (4) On August 17, 2004, the City Council approved the Platinum Triangle Master Land Use Plan (PTMLUP) to carry out the goals and policies of the General Plan for The Platinum Triangle including serving as a blueprint for future development and street improvements. The City Council also adopted the Platinum Triangle Mixed Use (PTMU) Overlay Zone (Chapter 1820 of the Anaheim Municipal Code) and an associated standardized Platinum Triangle Development Agreement. The PTMU Overlay Zone encompasses approximately 375 acres and five Districts (the Katella, Gene Autry, Gateway, Arena and Stadium Districts) within The Platinum Triangle, as depicted on the PTMLUP. The PTMU Overlay Zone provides opportunities for high quality well- designed development projects that could be stand -alone residential projects or combined with non - residential uses including office, retail, business services, personal services, public spaces and uses, and other community amenities within the area. Properties encompassed by the PTMU Overlay Zone can be operated, developed or expanded under their existing underlying zone or, if the property owner chooses, developed under the PTMU Overlay Zone standards. Ordinances adopting the PTMU Overlay Zone requirements and reclassifying certain properties to the Page 1 Staff Report to the Planning Commission June 1, 2005 Item No. 2 PTMU Overlay Zone (those properties designated for Mixed Uses by the General Plan) were finalized on September 23, 2004. (5) This property is currently developed with an office building and is zoned I (PTMU) and O -L (PTMU) (Industrial; Platinum Triangle Mixed Use Overlay and Low Intensity Office; Platinum Triangle Mixed Use Overlay). The Anaheim General Plan designates this property as well as properties to the north (across Katella Avenue), east, south and west (across State College Boulevard) for Mixed Use land uses. The PTMLUP further indicates the property is located in the Katella District of the PTMU Overlay. A M e46 Existing office building on State College Blvd. (to be demolished) DEVELOPMENT PROPOSAL: (6) The applicant proposes to construct a 5- story, 265 -unit condominium project in a "podium" style building with residential units located above a partially subterranean parking structure. The project would also include construction of a 26 -foot wide private street with sidewalks and parkways that would be shared with a future mixed -use development to the east. The private street would be utilized for secondary tenant access, fire access, moving plazas, and sanitation access. (7) The tentative tract map indicates the subdivision would consist of a 1 -lot, 265 -unit airspace, residential subdivision for condominium purposes. (8) The site plan (Exhibit No. 1) indicates the condominium subdivision would contain one (1) airspace, residential lot developed with one (1) podium style building. The building would meet Code requirements for minimum floor area, lot coverage and setbacks with the exception of the requested setback modifications along State College Boulevard and the private street. Page 2 Staff Report to the Planning Commission June 1, 2005 Item No. 2 (9) Floor plans (Exhibit Nos. 2, 3, 4, 5, 6, 10 and 11) indicate 1 and 2- bedroom condominium residences ranging from 651 to 1226 square feet. The units would provide kitchens, entry areas, great rooms, storage areas and private balconies. The sizes and interior features of the units are in compliance with the PTMU Overlay Zone. (10) Primary access to the project would be via State College Boulevard. A secondary access would be provided from a newly constructed private street from Katella Avenue terminating as a cul -de -sac at the southeast side of the property. The private street meets the City standards and includes a 5 -foot wide sidewalk, 5 -foot wide parkway and enhanced asphalt to create a cobblestone finish. The structured parking would be partially subterranean and at- grade. The project would provide 533 parking spaces with 112 spaces at ground level and 421 subterranean spaces. No on- street parking would be allowed on the private street or along the project frontage on Katella Avenue or State College Boulevard. The total number of spaces would exceed the 450 parking spaces required by Code. Two (2) moving plazas, designated with a painted curb, would be provided within the private street. (11) The applicants Solid Waste Management Plan indicates that a trash loading and staging area would be located at the terminus of the cul -de -sac. Four (4) separate enclosure areas would be located within the ground level parking area in order to store the refuse dropped down the chutes. A porter would monitor the trash levels throughout the day and vehicle designated for towing the trash bins to the pick -up area would be located on-site- (12) The elevation plans (Exhibit Nos. 8 and 9) indicate the building would be a contemporary design that incorporates quality architectural elements such as a built -up parapet roof with canopy accents and painted smooth - textured stucco. Architectural features include deeply recessed windows, metal canopies, decorative wrought iron railings and gates, stone veneer and roof and window trim. The building would be a maximum of 57 feet high. Code permits buildings within the Katella District up to 100 feet high. Rendering of building from State College Boulevard (13) The landscape plans (Exhibit Nos-15 and 16) provide depictions of the project's common amenities such as a recreation area with a pool and spa, restrooms, raised planters, outdoor furniture and cabanas, an entertainment terrace with enhanced paving, a fountain, fire pit, raised planters and outdoor furniture for seating; and a common lobby with enhanced paving, raised planters and seating. Yes, its an open -air, lobby with planters and paving. Three (3) additional courtyard areas would be located throughout the project. Page 3 Staff Report to the Planning Commission June 1, 2005 Item No. 2 The landscape palette includes a variety of trees, shrubs and groundcover, in compliance with the landscape requirements of the PTMU Overlay Zone and the PTMLUP. (14) Project construction is anticipated to commence the Summer of 2006, and be completed by the Fall of 2007. The construction phase would begin with the demolition of the existing office building. This phase is anticipated to last four (4) weeks. Materials generated from demolition would be removed from the site and transported to an appropriate waste disposal facility. Grading would begin after demolition and would be completed in approximately five (5) weeks. The actual building construction is expected to be complete in approximately 2 years. CONDITIONAL USE PERMIT NO. 2004 -04975 DISCUSSION: (15) Code Section No. 1820.090.050 of the PTMU Overlay Zone allows modification of setbacks when minimum landscape requirements are met, subject to the approval of a conditional use permit. The applicant requests modification of setbacks in accordance with the following table: Property line Required Permitted Proposed Type of adjacent to: Setback Encroachments Setback encroachment State College Ground floor units Boulevard 16 feet None listed 10 feet and private patios Private patios: Ground floor units Private Street 10 feet 7 feet 0 feet and private patios (16) The requested setback modification on State College Boulevard is necessary to accommodate a right -turn lane. Code requires a minimum front yard setback of 16 feet and the site plan indicates a proposed setback of 10 feet to the ultimate right -of -way for a segment of the setback. Sixteen feet of landscaping (partially installed within the public right -of -way) is proposed in compliance with Code. In order to comply with City standards for the new private street, the units along the east side of the building would encroach into the required setback. This is a secondary access for residents and is designed primarily to accommodate trash and moving truck access, and to comply with life safety requirements on the east side of the building. The private street would be developed with a landscaped parkway and sidewalk that would provide an adequate buffer between the street and the ground floor units. The building is designed with landscaped pockets interspersed between the patios. The patio walls would be faced with decorative stone to provide a high level of architectural finish where the project meets the private street. DEVELOPMENT AGREEMENT NO. 2005 -00005 DISCUSSION: (17) In 1982, the Legislature of the State of California adopted Section 65864, et. Seq. of the California Government Code authorizing a city and an applicant for a development project to enter into a development agreement, permitting cities to contract with property owner /developers for their mutual benefit in a manner not otherwise available to the parties. A development agreement is a contract for development which provides a property owner /developer a vested right to proceed with an approved development, "freezing" the entitlement along with established regulations and fees, in exchange for the City obtaining benefits over and above what would otherwise be required by existing regulations and ordinances. (18) On November 23, 1982, the City enacted Ordinance No. 4377 making the City subject to the Statute and adopted Resolution No. 82R -565 (Procedures Resolution) establishing procedures and requirements for the consideration of Development Agreements upon Page 4 Staff Report to the Planning Commission June 1, 2005 Item No. 2 receipt of an application by the City. On August 17, 2004, the City Council adopted Resolution No. 2004 -179 approving the form of the standardized Platinum Triangle Development Agreement to implement projects in the PTMU Overlay Zone. The Agreement is intended to provide the property owner /developer with a maximum amount of flexibility while ensuring development and maintenance of high quality projects that carry out the vision for The Platinum Triangle. (19) Pursuant to the Procedures Resolution, the Planning Commission is required to make a recommendation to the City Council relative to the proposed Development Agreement. The Planning Commission must determine whether the applicant has demonstrated eligibility to enter into the Development Agreement by finding the project satisfies one or more of the eligibility requirements set forth below: (a) That the project shall occupy at least 50 acres; or (b) That, upon completion, the project shall result in the construction of at least 250 dwelling units, 250,000 square feet of commercial -office space, or 250,000 square feet of industrial space; or (c) That the project will be constructed in phases over an anticipated period of not less than 5 years; or (d) That a project shall be eligible if the Planning Director finds that the public health, safety or general welfare of the citizens of Anaheim will best be served by accepting an application for consideration by the Planning Commission and City Council. The Commission must also determine whether the proposed Agreement is consistent with the General Plan, compatible with the uses authorized in and the regulations prescribed for the applicable zoning district, compatible with the orderly development of property in the surrounding area; and not otherwise detrimental to the health, safety and general welfare of the citizens of Anaheim. (20) Staff has reviewed the proposed Development Agreement and finds that the Agreement has been prepared in conformance with the form of the standardized Platinum Triangle Development Agreement approved per Resolution No. 2004 -179. Further, the applicant has demonstrated eligibility to enter into the Agreement since the project will result in the construction of 265 residential dwelling units, which is consistent with and implements the goals and policies of the General Plan Mixed Use land use designation for The Platinum Triangle and the PTMLUP by providing for a high - quality residential project. (21) The plans associated with the project depict a high - quality multiple - family development that incorporates a variety of rooflines, prominent entry features, and numerous architectural details with common and semi - private open space enhanced by landscaping, decorative paving treatments, low patio walls and detailed wrought iron fencing. Further, in approving the Final Site Plan for the Platinum Centre Residential Project, the Planning Director determined that the Final Site Plan was consistent with the PTMU Overlay Zone requirements, subject to approval of Conditional Use Permit No. 2005 - 04975, Tentative Tract Map No. 16825 and Development Agreement No. 2005 - 00005. Page 5 Staff Report to the Planning Commission June 1, 2005 Item No. 2 ENVIRONMENTAL IMPACT ANALYSIS: (22) On May 25, 2004, the City Council certified Final Environmental Impact Report No. 330, adopting Findings of Fact and a Statement of Overriding Considerations, and associated Mitigation Monitoring Plans (including an Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle) (FEIR No. 330) under Resolution No. 2004- 04, in conjunction with the consideration and adoption of the citywide General Plan and Zoning Code Update Program and a series of related actions. (23) On August 24, 2004, the City Council determined that the previously certified FEIR No. 330 was adequate to serve as the environmental documentation for the PTMLUP, the PTMU Overlay Zone, the form of the standardized Platinum Triangle Development Agreement and other related reclassification actions. It was also determined that future individual development projects and infrastructure improvements which are proposed to implement the PTMLUP and the PTMU Overlay Zone would require further environmental review and analysis of potential site specific environmental impacts in conjunction with the processing of discretionary applications. Work has commenced on the preparation of a Subsequent EIR to provide additional environmental documentation for these requests (it is anticipated that this will be completed by summer of this year). Projects that precede certification of the Subsequent EIR require independent environmental review and documentation. (24) A Notice of Intent (NOI) to adopt a Mitigated Negative Declaration was circulated to public agencies and interested parties on April 12, 2005, for a 20 -day review period. The NO[ and associated Initial Study outlined the environmental issues to be addressed in Mitigation Monitoring Plan No. 129, including: AestheticsNisual, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hydrology and Water Quality, Land Use and Planning, Noise, Transportation/Traffic, Utilities /Service Systems, and Cumulative Impacts. (25) Staff has reviewed the Initial Study for the proposed project, a copy of which has been provided to the Planning Commission and is available for review in the Planning Department, and finds that with the incorporation of mitigation measures set forth in Mitigation Monitoring Program No. 129, no significant environmental impacts that cannot be mitigated to a level of significance would result from the proposed project and therefore, recommends that a Mitigated Negative Declaration be approved upon a finding by the Planning Commission that the Mitigated Negative Declaration reflects the independent judgment of the lead agency; and that it has considered the proposed Mitigated Negative Declaration together with any comments received during the public review process and further finding on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment- EVALUATION (26) Development in the PTMU Overlay Zone is implemented through the administrative processing of a final site plan (to show compliance with the Code) and entering into the standardized development agreement with the City. The Code requires the final site plan to be submitted to the Planning Department for review and approval by the Planning Director as to conformance with the provisions of the PTMLUP and the PTMU Overlay Zone. Once approved, the final site plan is incorporated into the Development Agreement as an exhibit. The Code additionally states that if the final site plan includes a request for a variance or a conditional use permit that said applications shall be processed concurrently with the Development Agreement. (27) The applicant submitted Final Site Plan No. 2005 -00005 to provide for the development of the Platinum Centre residential project. Based upon a review of the plans and in Page 6 Staff Report to the Planning Commission June 1, 2005 Item No. 2 accordance with the authority set forth in Section 1820.170 (Implementation) of the Anaheim Municipal Code, on May 26, 2005, the Planning Director approved Final Site Plan No. 2005 - 00005, subject to the approval of Conditional Use Permit No. 2005 - 04975, Tentative Tract Map No 16825 and Development Agreement No. 2005 - 00005. This approval was based upon the determination that the Final Site Plan No. 2005 -00005 is in conformance with the provisions of the PTMLUP and the PTMU Overlay Zone. The approved Final Site Plan is attached as Exhibit "B" to the Development Agreement. Following is a summary of the approved Final Site Plan: FINDINGS: (28) Before the Commission grants any 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 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 use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located, (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 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 conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. (29) "The State Subdivision Map Act (Government Code, Section 66473.5) makes it mandatory to include in all motions approving, or recommending approval of a tract map, a specific finding that the proposed Subdivision together with its design and improvement is consistent with the City's General Plan. Page 7 PTMU Overlay Development Standard Proposed Project Zone Standards Site Area 3.11 acres N/A Minimum 50 units Number of Dwelling Units /Acre 85 units /acre required and (265 total units) maximum of 100 du /acre Building Area 360,305 s.f. Parking Structure Area 194,063 s.f. N/A Total Building and Parking 554,368 s.f. Area Lot Coverage 58% Maximum 75% Height 57 feet Maximum100 feet Minimum 200 s.f. Recreation /Leisure Area 56,200 s.f total per unit 212 s.f. per unit FINDINGS: (28) Before the Commission grants any 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 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 use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located, (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 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 conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. (29) "The State Subdivision Map Act (Government Code, Section 66473.5) makes it mandatory to include in all motions approving, or recommending approval of a tract map, a specific finding that the proposed Subdivision together with its design and improvement is consistent with the City's General Plan. Page 7 Staff Report to the Planning Commission June 1, 2005 Item No. 2 Further, the law requires that the Commission make any of the following findings when denying or recommending denial of a tract map: 1. That the proposed map is not consistent with applicable General and Specific Plans. 2. That the design or improvement of the proposed subdivision is not consistent with applicable General and Specific Plans. 3. That the site is not physically suitable for the type of development. 4. That the site is not physically suitable for the proposed density of development. 5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. That the design of the subdivision or the type of improvements is likely to cause serious public health problems. 7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision." RECOMMENDATION: (30) 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 public hearing and the findings included in the attached resolutions, the Planning Commission take the following actions: (a) By motion recommend that the City Council, as lead agency for Conditional Use Permit No. 2005 - 04975, Tentative Tract Map No. 16825 and Development Agreement No. 2005 -00005 (the "Proposed Actions "), based upon its independent review and analysis of the Initial Study prepared for the Proposed Actions, pursuant to CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, unless additional information or contrary information is received during the public hearing, find and determine, based upon said Initial Study and the evidence received at the public hearing, that FEIR No. 330 previously certified by the City Council for the Amended General Plan and related projects, together with the Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle, and a Mitigated Negative Declaration for the Proposed Actions, together with Mitigation Monitoring Program No. 129, are adequate to serve as the required environmental documentation for the Proposed Actions and satisfies all of the requirements of CEQA, and that no further environmental documentation need be prepared. (b) Approve Conditional Use Permit No. 2005 -04975 based on the findings contained in the attached resolution. (c) By resolution based on the findings contained therein, recommend to the City Council that the applicant has demonstrated eligibility to enter into the Development Agreement; that the Agreement meets the criteria set forth in the PTMU Overlay and Page 8 Staff Report to the Planning Commission June 1, 2005 Item No. 2 the standardized Development Agreement language adopted in conjunction with Resolution No. 2004 -179; and, that Development Agreement No. 2005 -00005 be approved and entered into by the City of Anaheim and U.S. Southeast Corporation. (d) By motion approve Tentative Tract Map No. 16825, to establish a 1 -lot, 265 -unit, airspace, attached residential condominium subdivision. Page 9 Item No. 11 T RCL 67 -68 -55 VACANT g1 g G S�gry�y G' 1S' 6S' yo ry1 G G� Q Q , VD (�goo yP �P.a d 6 P �JP G', Q6.g 6g g �GJQ vQOO o�GSV� GJQtivG ob , � !�� GGJ i ,/ i ,p i O ,�O J .\O G oo�p9,o5Q� 3�SGlCCC���� i i• \ RS-3(SC) 1 G vOg �gpOdS.L'1 P �O R 54 I I G Q ry vO G Cr 1 i� ��% T -VAR 2002 -04525 1 ,\GGP �lioC11P VAR2001 -04443 n I J T -SPT 2002 -00005 I 1 U E H GP' SPT 2001 -00001 f SPT 98-01 / 1 DU EACH 161 f O 1 I I 837'Na,7h ofg 1 DU CH \ m ) a ir m oM EL RAS C-G (SC) CUP 2395 RCL 71-72 -05 RCL CUP 3219 m \ 2005 55 CUP 2348 = n \ T -CUP 2005 -05014 2004-04876 0 94 CUP 2261 CUP 2372 CUP \ \ CUP CUP 1757 RS -3 \ \ 1 N PLAZA T -CUP 2003 -04809 CUP 1735 1 DU EACH G CENTER CUP 2003 -04750 CUP 1727 ) _` CUP 2001 -04428 CUP 1608 D CUP 2001 -04406 VAR2 00 5 -0467 0 (-) \\ _ � CUP 2000 -04241 T -VAR 2005 -04657 O ^` `PE T C CUP �00 VA R 4209 10 , / 'CREE CUP 4021 CUP 3747 VAR 2802 N CUP 3629 VAR 2310 S /\ CUP 3221 (CUP 1616) 1 ORU gPGN N ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE. Conditional Use Permit No. 2003 -04800 Subject Property TRACKING NO. CUP2006 -05073 Date: March 6, 2006 Scale: 1"=200' Requested By: HOSSEIN ZANDI Q.S. No. 185 No Address 10011 Staff Report to the Planning Commission March 6, 2006 Item No. 1 -13 1 -B. REPORTS AND RECOMMENDATIONS a. CEQA MITIGATED NEGATIVE DECLARATION (PREVIOUSLY - APPROVED) (Motion) Ii1<KO] 0 1 19]1110]0 1 I_111101`9N,0:7 LTA lid R011WI DRErLf:IrAlD SITE LOCATION AND DESCRIPTION: (Motion) (1) This irregularly- shaped, 5.7 -acre property is located at the northeast terminus of Via Cortez and south of the SR -91 (Riverside Freeway), with a frontage of 161 feet on the northeast terminus of Via Cortez, a maximum depth of 1,370 feet and is located 837 feet north of the centerline of Santa Ana Canyon Road (200 North Via Cortez — Caliber Motors). REQUEST: (2) The applicant requests a determination of substantial conformance of revised elevation and sign plans for a previously- approved automotive dealership under authority of Code Section No. 18.60.190.020. BACKGROUND: (3) This property is currently under construction and is zoned C -G (SC). The Anaheim General Plan designates this property for General Commercial land uses. (4) General Plan Amendment No. 2001 -00415 (to amend the Land Use Element of the Anaheim General Plan redesignating the property from the Hillside Low - Medium Density Residential land use designation to the General Commercial land use designation) and Reclassification No. 2003 -00113 (to reclassify this property from the RS -5000 (SC) (Residential, Single - Family; Scenic Corridor Overlay) zone to the CL (SC) (Commercial Limited; Scenic Corridor Overlay) zone was approved by the City Council on February 10, 2004. (5) Conditional Use Permit No. 2003 -04800 (to permit and construct an automotive sales dealership with accessory roof - mounted equipment with a structural height greater than 35 feet (32 foot building plus 10 foot equipment enclosure) with waivers of a) maximum number of wall signs, b) maximum structural height adjacent to a single - family residential zone, c) minimum structural setback adjacent to a freeway and d) required landscape setback adjacent to an interior site boundary line abutting a residential zone) was approved, in part by the City Council on February 10, 2004. The proposed structural height (totaling 42 feet consisting of a 32 -foot high building plus a 10 -high equipment enclosure) was approved in part, to permit a maximum overall height of 32 feet. (6) Resolution No. CC2004 -26, adopted in connection with Conditional Use Permit No. 2003- 04800, contains the following conditions of approval: "8. That the petitioner shall submit a Final Sign Plan to the Zoning Division for review and approval. Said plan shall show no signage on the vehicle preparation building. Any decision made by the Zoning Division regarding the Final Sign Plan may be appealed to the Planning Commission or City Council. Said information shall be specifically shown on the plans submitted for building permits. sr- CUP2005- 05073akv Page 1 Staff Report to the Planning Commission March 6, 2006 Item No. 1 -13 42. 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 10 and as conditioned herein including that the maximum structural height shall be thirty two (32) feet." DISCUSSION: (7) The applicant is requesting a determination of substantial conformance with previously - approved elevation and sign exhibits for revised elevation and sign plans for a new Mercedes Benz automotive dealership. (8) The original elevation plans for the vehicle sales building (Final Plan No. 3) indicate that the entire building would be enhanced with slate stone columns and vertical sheets of blue glass. The south elevation (facing single - family homes) would be completely covered with slate stone with the exception of 8 -foot high windows that would be inset 2 feet from the exterior of the building to provide building depth and to mitigate potential light impacts on the neighborhood to the south. The entrances located on the east and west elevations would be offset 9 feet and covered in slate to create more building interest. The plans show a contemporary architectural design consistent with the Mercedes Benz image, while integrating decorative stone to create a warmer building that would be more compatible with the community, as previously suggested by the Commission (detailed minutes attached). Staff feels that the originally approved elevations achieved the Commissions request for a quality building that incorporates rich materials and articulation that blends with the surrounding commercial and residential neighborhood. (9) The revised elevations (Revision No. 1, Final Plan No. 3) indicate that the slate columns on the north, west and east elevations have been replaced with blue painted metal columns. The applicant has indicated that this modification is being requested because these columns are an essential component to the Mercedes Benz image. (10) When this request was originally before the Commission, specific design criteria was suggested to ensure that the vehicle sales building would be compatible to the surrounding land uses and the rural character of the canyon. Staff appreciates the desire for Mercedes Benz to portray a distinct image, but believes that the proposed modifications to the elevations deviate from the original approval in a manner that would not be compatible to the surrounding residential neighborhood. The elimination of the slate columns and the increase in glass surface area creates a much more contemporary building design and decreases the warmth of the building. Therefore, staff is recommending the Commission determine that the revised elevations do not substantially conform to the previously - approved exhibits. Page 2 Staff Report to the Planning Commission March 6, 2006 Item No. 1 -13 (11) The elevation plans indicate the following square footages for the wall signs: Elevation Square footage (approved) Square footage revised North 63 180 South N/A N/A East 54 46 West 54 180 (12) The approval of this application included a waiver of the maximum number of wall signs. This waiver was justified by the Commission and Council due to the fact that the signs were smaller that what the Code allows. This justification still applies since Code allows wall signs to be constructed up to 250 square feet. Therefore, staff is supportive of the proposed increase in size of the wall signs. ENVIRONMENTAL IMPACT ANALYSIS: (13) Staff has reviewed the request for a review of revised elevation and sign plans and the previously- approved Mitigated Negative Declaration and finds there are no changes to the originally- approved conditional use permit and that the request will not result in any significant adverse environmental impacts. Therefore, staff recommends that the previously- approved Mitigated Negative Declaration serve as the required environmental documentation for this request- RECOMMENDATION (14) 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 take the following actions: (a) By motion, determine that the previously- approved Mitigated Negative Declaration is adequate to serve as the required environmental documentation for the subject request. (b) By motion, take the following actions: (i) Deny the request for Determination of Substantial Conformance to revise the elevation plans (Final Elevation Plan No. 3), for a previously - approved automotive sales dealership because the proposed revisions do not conform to the Commission's original approval for a high quality building that incorporates rich materials and articulation while being sensitive to the adjacent residential neighborhood. (ii) Approve the request to revise the sign plans (Final Elevation Plan No. 3), for a previously- approved automotive sales dealership by approving the increase in size since the revised signs would still be smaller than the Code would allow. Page 3 City of Anaheim . PI,AI~TIii><I~iG ~E~AI2'fi'I~~Iii'g' March 6, 2006 Hossein Zandi, Caliber Motors 5395 East La Palma Avenue Anaheim, CA 92807 Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of March 6, 2006. REPORTS AND RECOMMENDATIONS: 1B (a) CEQA MITIGATED NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) (b) CONDITIONAL USE PERMIT NO. 2003-04800 (TRACKING NO. CUP2006-05073) Agent: Hossein Zandi, Caliber Motors, 5395 East La Palma Avenue, Anaheim, CA 92807 Location: 200 North Via Cortez: Property is approximately 5.7 acres located at the northeast terminus of Via Cortez and south of the SR-91 (Riverside Freeway), with a frontage of 161 feet on the northeast terminus of Via Cortez, located 837 feet north of the centerline of Santa Ana Canyon Road. (Caliber Motor-Mercedes Benz). vnvw.anaheim.net Request to determine substantial conformance of revised elevation and sign plans for a previously-approved automotive dealership. ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission has reviewed the request to determine substantial conformance of revised elevation and sign plans for apreviously- approved automotive dealership and does hereby determine that the previously-approved Mitigated Negative Declaration serves as adequate environmental documentation for this request. Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission does hereby take the following actions: (i) Deny the request for Determination of Substantial Conformance to revise the elevation plans (Final Elevation Plan No. 3), for apreviously-approved automotive sales dealership because the proposed revisions do not conform to the Commission's original approval for a high quality building that incorporates rich materials and articulation while being sensitive to the adjacent residential neighborhood. (ii) Approve the request to revise the sign plans (Final Elevation Plan No. 3), for a previously-approved automotive sales dealership by approving the increase in size since the revised signs would still be smaller than the Code would allow. Sincerely, Eleanor Morris, Senior Secretary Anaheim Planning Commission Cr em.doc 20p South Anaheim Boulevard P.O. Box 3222 Anaheim, California 92803 TEL (714)785-5139 Attachment - R &R 1 -B RESOLUTION NO. 2004 -26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2003- 4800. IN PART. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code to construct an automotive sales dealership with accessory roof - mounted equipment with a structural height greater than 35 feet (proposed 32 -foot building plus 10 -foot equipment enclosure totaling 42 feet) upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 2 IN THE CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOK 225, PAGES 20 THRU 22, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; and WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC203 -173 granting, in part, Conditional Use Permit No. 2003 -4800; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS. the City Council finds, after careful consideration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code. 2. That the proposed use will not, under the conditions imposed, adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the site design and location of the proposed building and the design and operational measures incorporated into the project are such that the adjacent and nearby properties will not be negatively affected. 3. That the size and shape of the site for the proposed use is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare; and that, with the exception of the approved waivers which are necessary due to site constraints, the proposal complies with the provisions and standards set forth in the Zoning Code. 4. That the traffic generated by the proposed use will not impose an undue burden on the streets and highways designed and improved to carry traffic in the area because the proposed business operation will generate an average 200 daily trips which is less than the traffic that would be generated by the previously- approved residential development for 22 single - family homes, which has not been constructed. 5. That granting this conditional use permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim based on the compatibility of the site design and business operation with the adjoining residential and commercial land uses. AND WHEREAS, the City Council does further find, after careful consideration of the action of the City Planning Commission and all evidence and reports offered at said public hearing before the City Council regarding said requested waiver(s), that all of the conditions set forth in Section 18.03.040 of the Anaheim Municipal Code are present and that said waiver(s) should be granted, for the following reasons: 1. That waiver (a), maximum number of wall signs, is hereby approved because the property has no visibility from surrounding pubic streets and, therefore, will rely on identification towards the freeway; that the proposed wall signs face the freeway and will have no impact on adjacent and surrounding residential properties; and that the proposed wall signs are smaller than would otherwise be allowed by right and similar waivers have been granted for other commercial businesses in the vicinity. 2. That waiver (b), maximum structural height adjacent to a single - family residential zone, is hereby approved because there are special circumstances applicable to this property consisting of its long, linear and narrow shape; and that the existing 15 -foot wide sewer easement across the property will provide an additional buffer since the easement restricts development of the underlying area and, therefore, provides further protection to the residential neighborhood to the south. - 2 - 3. That waiver (c), minimum structural setback adjacent to a freeway, is hereby approved because there are special circumstances consisting of property's long, linear and narrow shape, which restricts development of the property, and the existing flood control channels and 50 -foot wide pipeline easement, which further restrict development. 4. That waiver (d), required landscape setback adjacent to an interior site boundary line abutting a residential zone, is hereby approved based on the constraints imposed by the location of an existing flood control channel at the south end of the property which limits placement of landscaping abutting the residential zoning; and that the proposed landscaping to the north of the flood control channel will act as a sufficient buffer for the residential neighborhood to the south. 5. That there are special circumstances applicable to the property consisting of its shape, location and surroundings, which do not apply to other identically zoned properties in the vicinity. 6. That strict application of the Zoning Code would deprive the property of privileges enjoyed by other properties under identical zoning classification in the vicinity. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 2003 -4800 be, and the same is hereby, granted, in part, as follows: the proposed automotive sales dealership is approved but the proposed structural height (totaling 42 feet consisting of a 32 -foot high building plus a 10 -foot high equipment enclosure) is approved in part to permit a maximum overall height of 32 feet on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: (a) Sections 18.05.091.020 Maximum number of wall signs. and 18.84.062.040 (1 wall sign per building unit permitted in the "CL(SC)" Commercial, Limited - Scenic Corridor Overlay Zone; 3 wall signs proposed) (b) Sections 18.44.062.010.011 - Maximum structural height adjacent to a and 18.84.062 single- family residential zone. (16 -feet height permitted where located 32 feet from " RS- 5000(SC)" Residential, Single- Family - Scenic Corridor Overlay zoning to the south; 32 feet proposed) (c) Section 18.84.062.010.011 - Minimum structural setback adjacent to a freeway. (100 feet, fully landscaped, required adjacent to the SR 9] /Riverside Freewav; 5 to 40 feet, fully landscaped, proposed) - 3 - (d) Section 18.84.062.010.014.0142 - Required landscape setback adjacent to an interior site boundary line abutting a residential zone. (10 feet, fully landscaped, required adjacent to "RS- 5000(SC)" zoning to the south; none to 10 feet, fully landscaped, proposed) subject to the following conditions: 1. That the property owner /developer shall be responsible for compliance with all the mitigation measures set forth in Mitigation Monitoring Plan No. 122 created specifically for this project, and for complying with the monitoring and reporting requirements established by the City in compliance with Section 21081.6 of the Public Resources Code. Furthermore, the property owner /developer shall be responsible for any direct costs associated with the monitoring and reporting requirements to ensure implementation of the mitigation measures identified in Mitigation Monitoring Plan No. 122, which are made a part of these conditions of approval by reference. 2. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor use. 3. That outdoor special events shall be subject to review and approval by Zoning Division staff and shall be conducted in a manner that will not adversely affect the adjoining residential land uses. Any decision made by the Zoning Division regarding such an event may be appealed to the Planning Commission or City Council as a'Reports and Recommendations' item. 4. That only light vehicle preparation shall be permitted; and that no repair or maintenance work shall be permitted. 5. That all roof and /or ground - mounted equipment shall be contained within an acoustical enclosure and shall be completely screened from visibility to surrounding properties, streets and the SR- 91/Riverside Freeway in conformance with subsection 18.84.062.030.032 of Section 18.84.062 of the Anaheim Municipal Code (pertaining to development standards for roof - mounted equipment in the "(SC)" Scenic Corridor Zone Overlay). Said information shall be specifically shown on the plans submitted for building permits. 6. That a plan for test driving new vehicles at this site shall be submitted to the City Traffic and Transportation Manager for review and approval. Said plan shall incorporate a test - driving route that does not include any residential streets, and the plan shall be implemented continuously during the course of the operations permitted under this Conditional Use Permit. 7. That vehicles shall not be delivered by automotive transport trucks. All inventory shall be independently delivered to this site (i.e.. each vehicle shall be individually driven to this site]. - 4 - 8. That the petitioner shall submit a Final Sign Plan to the Zoning Division for review and approval. Said plan shall show no signage on the vehicle preparation building. Any decision made by the Zoning Division regarding the Final Sign Plan may be appealed to the Planning Commission or City Council. Said information shall be specifically shown on the plans submitted for building permits. 9. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 10. That a Final Landscape and Fencing Plan for the entire site, specifying type, size and location of proposed landscaping, irrigation and fencing, shall be submitted to the Zoning Division for review and approval. Any decision made by the Zoning Division may be appealed to the Planning Commission or City Council. Said information shall be specifically shown on the plans submitted for building permits. Said plan shall include landscape screening for the north side of the vehicle preparation building to eliminate graffiti opportunities. 11. That any tree and/or landscaping planted on -site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dies. 12. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage area(s) shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 13. 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. 14. That the water backflow equipment shall be above ground and located outside the required street setback area, and fully screened from all public streets. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside the required street setback area in a manner fully screened from all public streets. Said information shall be specifically shown on plans submitted to the Water Engineering and Cross Connection Inspector for review and approval. 15. That because this project has landscaping areas exceeding two thousand five hundred (2,500) square feet. a separate irrigation meter shall be installed in compliance with Chapter 10.19 (Landscape Water Efficiency) of Anaheim Municipal Code and Ordinance No. 5349. Said information shall be specifically shown on the plans submitted for building permits. - 5 - 16. That the accessory car wash building shall comply with all state laws and local ordinances for Water Conservation Measures. 17. That the developer /owner shall submit a set of improvement plans to the Public Utilities Water Engineering Division for review and approval to determine the conditions necessary for providing water service to the project. 18. That an on -site trash truck turn - around area shall be provided in accordance with Engineering Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn- around area shall be specifically shown on the plans submitted for building permits. 19. That gates shall not be installed across any 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. 609 and shall be subject to review and approval by the City Traffic and Transportation Manager. 20. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the current versions of Engineering Standard Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said approved plans. 21. That the developer shall submit a grading plan to the Public Works Department, Development Services Division, for review and approval. Grading shall conform to the requirements of Chapter 17.06 (Grading, Excavations and Fills in Hillside Areas) of the Anaheim Municipal Code. 22. (a) That the developer shall submit street improvement plans for the intersection of Via Cortez and the driveway to the commercial center on the west side of Via Cortez to the Public Works Department, Development Services Division, for review and approval. (b) That said street improvements, as approved, shall be installed prior to final zoning and building inspections. 23. That the legal property owner shall prepare a Water Quality Management Plan ( "WQMP ") specifically identifying the best management practices that will be used on -site to control predictable pollutants from storm water runoff. The WQMP shall be submitted to the Public Works Department, Development Services Division, for review and approval prior to obtaining a grading permit. 24. 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 the plans submitted for building permits. Such plans shall also identify the specific screening treatment of each device (i.e., landscape screening, color of walls, - 6 - materials, identifiers, access points, etc.) and shall be subject to review and approval by the appropriate City departments. 25. That prior to submittal of the water improvement plans, the developer /owner shall submit a water system master plan, including a hydraulic distribution network analysis, to the Public Utilities Water Engineering Division for review and approval. The master plan shall demonstrate the adequacy of the proposed on -site water system to meet the project's water demands and fire protection requirements. 26. That prior to application for water meters or fire lines or submitting the water improvement plans for approval, the developer /owner shall submit an estimate of the maximum fire flow rate and the average day, maximum day and peak hour water demands for this project to the Public Utilities Department, Water Engineering Division. This information will be used to determine the adequacy of the existing water system to provide for the estimated water demands. Any off -site water system improvements required to serve the project shall be installed in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. 27. That the legal property owner shall provide the City of Anaheim with an easement for electrical service lines to be determined as electrical design is completed. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 28. 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 the plans submitted for building permits. 29. That four (4) foot high street address numbers shall be displayed on the roof of the building in a contrasting color to the roof material. The numbers shall not be visible to adjacent streets or properties. Said information shall be specifically shown on plans submitted to the Police Department, Community Services Division, for review and approval. 30. That prior to commencement of business at this location or prior to occupancy of the building, whichever occurs first, the applicant shall file an Emergency Listing Card, Form APD -281, with the Anaheim Police Department. 31. That prior to commencement of any construction, all necessary permits required by the State of California shall be obtained to develop over the flood control channels. 32. That any lighting adjacent to the south property line shall be arranged and directed so as to reflect the light away from the adjoining residential properties, and shall not exceed a height of twelve (12) feet; provided, however, that the lighting adjacent to the freeway may be increased to a height not to exceed eighteen (18) feet if said height increase has the same lighting affect on the adjoining residential properties to the south as twelve (12) foot high light standards would have. Said information shall be specifically shown on the plans submitted for building permits. - 7 - 33. That plans showing enhanced paving at the entry to the property at Via Cortez shall be submitted to the Zoning Division for review and approval. Any decision made by the Zoning Division regarding such plan may be appealed to the Planning Commission or City Council. Said information shall be specifically shown on the plans submitted for building permits. 34. That the design and placement of any proposed security bollards shall be submitted to the Zoning Division for review and approval. Any decision made by the Zoning Division regarding such plan may be appealed to the Planning Commission or City Council. Said information shall be specifically shown on the plans submitted for building permits. 35. That a plan showing the method(s) for preventing light from inside the main building from shining onto residential lots to the south shall be submitted to the Zoning Division for review and approval. Any decision made by the Zoning Division regarding said plan may be appealed to the Planning Cotmmission or City Council. Said information shall be specifically shown on the plans submitted for building permits. 36. That a plan showing the design and placement of the security kiosk shall be submitted to the Zoning Division for review and approval. Any decision made by the Zoning Division regarding said plan may be appealed to the Planning Commission or City Council. Said information shall be specifically shown on the plans submitted for building permits. 37. That the daily hours of operation shall be limited to 7am to 9 pm, as stipulated by the petitioner. 38. That no loud speakers shall be permitted. 39. That no off -site signage shall be permitted. 40. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials; and that such information shall be specifically shown on the plans submitted for building permits. 41. That the approval of this Conditional Use Permit is granted subject to adoption of General Plan Amendment No. 2003 -00415 and finalization of Reclassification No. 2003- 00113. 42. 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 10, and as conditioned herein, including that the maximum structural height shall be thirty two (32) feet. 43. That prior to issuance of a building permit or within a period of one (1) year from the date of this Resolution, whichever occurs first, Condition Nos. 5, 6, 8, 10, 12, 13, 14, 15, 17, - 8 - 18, 19, 20, 21, 22(a), 23, 24, 25, 26, 27, 28, 29, 31, 32, 33, 34, 35, 36, 40, 41, 46 and 47(a), herein - mentioned, shall be complied with. Extensions for further time to complete said conditions may he granted in accordance with Section 18.03.090 (Time Limit for Amendments, Conditional Use Permits, Administrative Use Permits, Variances and Administrative Adjustments) of the Anaheim Municipal Code. 44. That prior to final building and zoning inspections, Condition Nos. 22(b) and 42, above - mentioned, shall be complied with. 45. 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. 46. That final elevation plans, which incorporate the suggestions made by the Planning Commission at the December 15, 2003, public hearing regarding the architecture, shall be submitted to the Zoning Division for review and approval by the Planning Commission as a 'Reports and Recommendations' item. Said plans shall incorporate any roof - mounted equipment into the design of the building, and the maximum over -all structural height, including any roof - mounted equipment, shall be thirty two (32) feet. 47. (a) That the plans submitted for building permits shall include information demonstrating that the lighting from the signs shall not cause excessive light and/or glare towards the residences to the south. (b) That the on -site advertising signs shall be illuminated only during hours of operation. BE IT FURTHER RESOLVED that the City Council 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 conditions, 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, shall be deemed null and void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 10th day of February, 2004, by the following roll call vote: AYES: Mayor Pringle, Council Members Tait, Chavez NOES: Council Members McCracken, Hernandez ABSENT: None ABSTAIN: None - 9 - CITY OF AHEIM By 6 MAYOR OF THPtrryl OF ANAHEIM ATTEST: MY CLER OF a4l,c - TYIE CITY OF ANAHEIM 53115.] - 10 - Attachment - R&R 7 -B Council Chambers, City Hall 200 South Anaheim Boulevard, Anaheim, California CHAIRPERSON: JAMES VANDERBILT COMMISSIONERS PRESENT: PAUL BOSTWICK, KELLY BUFFA, GAIL EASTMAN, CECILIA FLORES, JERRY O'CONNELL, DAVID ROMERO COMMISSIONERS ABSENT: NONE STAFF PRESENT: Selma Mann, Assistant City Attorney Alfred Yalda, Principal Transportation Planner Greg Hastings, Zoning Division Manager James Ling, Associate Civil Engineer Greg McCafferty, Principal Planner Pat Chandler, Senior Secretary Sergeant Michael Lozeau, Vice Detail Elly Morris, Senior Secretary Charity Wagner, Planner Ossie Edmundson, Planning Commission Support Supv. AGENDA POSTING: A complete copy of the Planning Commission Agenda was posted at 11:30 a.m. on Wednesday, December 10, 2003, inside the display case located in the foyer of the Council Chambers, and also in the outside display kiosk- PUBLISHED: Anaheim Bulletin Newspaper on Thursday, November 20, 2003. CALL TO ORDER PLANNING COMMISSION MORNING SESSION 10:00 A.M. • STAFF UPDATE TO COMMISSION ON VARIOUS CITY DEVELOPMENTS AND ISSUES (AS REQUESTED BY PLANNING COMMISSION) PRELIMINARY PLAN REVIEW FOR ITEMS ON THE DECEMBER 15, 2003 AGENDA RECESS TO AFTERNOON PUBLIC HEARING SESSION RECONVENE TO PUBLIC HEARING 1:30 P.M. For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card and submit it to the secretary. PLEDGE OF ALLEGIANCE: Chairperson James Vanderbilt PUBLIC COMMENTS CONSENT CALENDAR PUBLIC HEARING ITEMS ADJOURNMENT --- ------------- ---------------------------------- I---- ---------------------------------------- ------------------------------- i*\nOCS \CLERICAL \MINUTES \SUPPLEMENTAL DETAILED MINUTES 121503OOC pl anninq com mission(o)anah eim. net DECEMBER 15, 2003 PLANNING COMMISSION SUPPLEMENTAL DETAILED MINUTES 9a. 9b. 9C. 9d. 9e. 9f. AGENT: Hossein Zandi, Caliber Motors, 5395 East La Palma Avenue, Anaheim, CA 92807 LOCATION; Property is approximately 5.7 acres, located at the northeast terminus of Via Cortez and south of the SR -91 (Riverside Freeway), having a frontage of 161 feet on the terminus of Via Cortez, located 837 feet north of the centerline of Santa Ana Canyon Road (No address). GENERAL PLAN AMENDMENT NO. 2003 - 00415 —To amend the Land Use Element Map of the Anaheim General Plan redesignating the property from the Hillside Low- Medium Density Residential land use designation to the General Commercial land use designation. RECLASSIFICATION NO. 2003 -00113 — To reclassify the property from the RS -5000 (SC) (Residential, Single - Family; Scenic Corridor Overlay) zone to the CL (SC) (Commercial, Limited; Scenic Corridor Overlay) zone. CONDITIONAL USE PERMIT NO. 2003 -04800 —To permit and construct an automotive sales dealership with accessory roof - mounted equipment with a structural height greater than 35 feet with waivers of: (a) maximum number of wall signs, (b) maximum structural height adjacent to a single - family residential zone, (c) minimum structural setback adjacent to a freeway, and (d) required landscape setback adjacent to an interior site boundary line abutting a residential zone. GENERAL PLAN AMENDMENT RESOLUTION NO. PC2003 -171 RECLASSIFICATION RESOLUTION NO. PC2003 -172 CONDITIONAL USE PERMIT RESOLUTION NO. PC2003.173 Approved Recommended adoption of Exhibit "A" to City Council Granted Approved Granted, in part Recommended City Council review. sr8673ay.doc (mmplans /planl22) Greg McCafferty, Principal Planner, introduced Item No. 9 as a petitioner's request for: (1) A General Plan Amendment to amend the Land Use Element of the Anaheim General Plan redesignating the property from the Hillside Low- Medium Density Residential land use designation to the General Commercial land use designation. (2) A reclassification of the property from the RS -5000 (SC) (Residential, Single - Family; Scenic Corridor Overlay) zone to the CL (SC) (Commercial Limited; Scenic Corridor Overlay) zone. (3) An approval of a Conditional Use Permit to permit and construct an automotive sales 12 -15 -03 Page 2 of 14 OWNER: Melvin R. Schantz, 21 Chelsea Point, Dana Point, CA 92629 DECEMBER 15, 2003 PLANNING COMMISSION SUPPLEMENTAL DETAILEL) MINUTES dealership with accessory roof - mounted equipment with a structural height greater than 35 feet (32 foot building plus 10 foot equipment enclosure) with the following waivers: (a) Maximum number of wall signs (not more than one (1) wall sign per building unit permitted; three (3) wall signs proposed). (b) Maximum structural height adjacent to a single - family residential zone (16 -feet permitted; 32 -feet proposed). (c) Minimum structural setback adjacent to a freeway (100 feet, fully landscaped required; 5 -40 feet, fully landscaped proposed). (d) Required landscape setback adjacent to an interior site boundary line abutting a residential zone (10 feet, fully landscaped required; 0 -10 feet, fully landscaped proposed). Applicant's Testimony: Don Bering, 5395 E. La Palma, Avenue, Anaheim, CA, Chief Financial Officer of Caliber Motors, stated that he and other members of the company and their consulting team were present to answer questions that the Commission might have about the project. He started by giving a background on Caliber Motors about where they had been and where they would like to go in the future. He stated that Caliber Motors began operations in 1984 as a Mercedes Benz Dealer on La Palma Avenue in Anaheim, and coming March 2004 they would have been there 20 years. They have grown from the initial 25 employees to 170 employees, and expected their sales for the next year to top 200 million dollars. Caliber Motors generates over 1 million dollars a year in sales tax revenue for the City of Anaheim, and has real property assessed evaluation of around 10 million dollars. Although they feel the dealership has been successful in its present location, and they enjoy doing business in the City of Anaheim, they have several problems with the current location: They suffer from the lack of visibility; it is hard for people to really know that they are there. They have spent 20 years advertising, and still a lot of people in the community do not know where they are located. Also, because the business has grown a lot in the last few years, they are short of vehicle display space, vehicle storage places, and office space. They have been trying to solve the problems and have been looking around a long time for another location, a location that especially gives them better visibility, and ideally visibility from the freeway. They have located a site adjacent to the 91- Freeway on the south side of the freeway just east of Imperial Highway. They admit that it is not an ideal site for a variety of reasons, but is the best site they could find in Anaheim that would meet their needs. They propose to build it as a satellite vehicle sales facility that would consist of a vehicle showroom and office building that would be two- stories, a separate one -story building for the cleaning and detail of cars to get them ready to put on display or to get them ready to sell. The additional location would permit the expansion of Caliber Motors as aforementioned. They feel it would generate considerable additional sales tax revenue for the City of Anaheim in the future as they try to grow the business further and would increase Anaheim's property tax base. There would be no servicing of vehicles at the location; it would be a satellite sales facility only. Caliber would continue to operate its main facility on La Palma Avenue just west of Imperial Highway, and would continue to sell vehicles and service them at that location. - Although there is a lot of freeway exposure, the site is long and narrow (185 -195 feet) and has a lot of development constraints. Originally, it was proposed to be part of the adjacent Canyon Oaks residential development (the residential development that is 12 -15 -03 Page 3 of 14 DECEMBER 15, 2003 PLANNING COMMISSION SUPPLEMENTAL DETAILtzD MINUTES currently in final stages), but was dropped from the project due to a large number of easements, flood control and drainage channels found on the property. They knew when they set about to design the project that there would be some concerns from the community, because the Canyon Oaks property and the subject property has been subject to many different proposals over the years as to what to do with it. So they tried to design a project that would meet their needs, and meet the needs and concerns of the community. They presented the plans to the City and community a number of months ago, and after receiving feedback from the members of the community and the City Planning Department, they made changes to their operations and to the building and facility that they thought would meet the concerns of the community and the issues that were raised by the Planning Department staff. The project would be an attractive addition to the community that would allow Caliber to stay in the Anaheim Hills area and grow the business and grow the sales tax dollars for the City. And the look of the site should definitely improve, as well as the design of the project would be compatible with the surrounding property uses. Joseph Marca, Escondido, CA, presented a 1- minute video of the project site, illustrating the boundary conditions. Public Testimony Mark A. Garcia, 249 Calle Da Gama, Anaheim, CA, stated that he has lived in Anaheim Hills for over 20 years and does not know of one neighbor that he has talked to in the last 4 -5 months that is interested in having a car lot at that site. It is supposed to be a green belt; a Scenic Corridor; a residential area; and the only commercial area there was adjacent to it; a hotel that was put in next to Imperial and the on -ramp to the 91- Freeway eastbound. The rest of the area included a fitness center, which used to be a local market for the area Albertson's, a couple of banks and general "mom- and -pop- type" stores, approximately 5 schools; a high school, a handicap school, an elementary school, and a Montessori school located a quarter of a mile west of the site. And, no matter how a car lot is dressed up, it is still a car lot; the purpose is to have ingress into that location, and it would increase the public through there unknown. A Mercedes dealership should be in an industrial area, and he is opposed to either a variance or having it rezoned to commercial. Stefanie O'Neill, 216 S. Mohler Drive, Anaheim, CA, representing the Concerned Citizens of the Canyon, stated that their organization was founded in 1998 during the fight to preserve a historic piece of land called Magg Ranch. They were able to stop commercial development and were forced to deal with 106 houses. Although, as a community, they desperately wanted the land for a park, they knew that the Planning Commission and City Council, at the time, did not have the best interest of the residents in mind, and they worked with the developer to get the best project possible for the community. After fighting so hard to keep commercial off of Magg Ranch, they were once again faced with it, and it felt like a slap in the face. Their board and the community were immediately outraged at the project. They held a town hall meeting of over 120 people in attendance. Petitions and a -mails were circulated in opposition, and after having several meetings with Caliber, and sometime to calm down and look at the deeper issues, such as the City potentially losing tax revenue at a time where layoffs were imminent, the Concerned Citizens began working with City staff and Caliber to see what could be done to make the project livable to those in the surrounding neighborhoods if it were to be approved. She stated that the subject project is not what they wanted to see for Anaheim Hills. They would love to still be a royal community, and pray that the overdevelopment the city has allowed in other parts of town would not one day haunt the hills as well. The land is not ideal for a park or houses. Studies have been done over and over, to no avail. The land would not remain undeveloped. The owners would want to sell their property to make income off of their land. Since houses could not be built on the property and the City refused to buy the property for a park, it would be utilized for commercial use. If not the subject car dealership then perhaps a strip mall or office 12 -15 -03 Page 4 of 14 DECEMBER 15, 2003 PLANNING COMMISSION SUPPLEMENTAL DETAILLV MINUTES building that could potentially have more impacts than what was being proposed. The homeowners and the new D. R. Horton Project signed disclosure for a dealership far bigger than what was being proposed. The nearest homeowner and the older neighborhood were in support of the project. Sonja Grewal, P.O. Box 17224, Santa Ana, CA, stated that additional signage and building height waivers and would not be harmonious with the surrounding areas. The project did not adhere to the goals and policies of the Scenic Highway Element of the Anaheim General Plan. In addition, the type of lighting proposed would have a significant impact on the highway. A regular 30 -foot streetlight emitted from 10 to 20,000 lumens. The majority of the 69 light poles in the project each output 110, 000 lumens, and the light poles would create a stunning solid block of light 24 feet high over virtually the entire length and width of the finished grade of the parcel. And even though the initial study Mitigated Negative Declaration stated that not much light would spill into the homes, it did not address the amount next to the hotel and the impact from light that would spill onto the freeway; whether or not it would cause an impact on the freeway drivers. The nighttime daylight effects would dramatically interrupt residents, hotel visitors and motorist's enjoyment of the night viewscape. The impact would exist seven nights a week, and at 9 o'clock would change to an undefined security level, but it would still be there and would continue to generate a block of light unlike that generated by any business or center next to residential uses in the Canyon. She stated the following regarding the noise, aesthetics and storage facility impacts: Noise: The air conditioners barely met the minimum exterior noise standards, and the impacts on surrounding residences from other commercial uses and residential uses would not be as much. Aesthetics: The building was modern in design with glass sides, totally inconsistent with commercial and residential buildings in the immediate vicinity. Storage Facility: The architectural style of the building must agree with the neighborhood; it had to look like it belonged next to homes. The building was incompatible with the architectural of other commercial centers in the area. The other centers harmonized with their residential neighbors' building design and color scheme. The project is in the heart of the Scenic Corridor and abuts the Scenic Highway. Because of the Canyon Area's general plan, goals, and policies, development has been guided that retained the semi - rural, uncongested character of the Santa Ana Canyon Area, a primary goal of the Canyon Area General Plan. Existing development did promote identification and visual quality in the Canyon Area among residents and visitors per the Canyon Area General Plan, and for the most part development adhered to the controls of the Scenic Corridor Overlay zone, which had stipulations on landscape setbacks, signage and roof mounted equipment. The drive on the stretch of 91- Freeway from Lakeview to Weir Canyon was scenic, not just because of the surrounding hills on both sides but also because of a visual clarity on either side of the driver. There was a regional park on one side and an almost uninterrupted stretch of various types of walls and landscape on the other side. They take this visual clarity for granted, especially at night. They do not see the type of intense lighting proposed by the project until they would get to Weir Canyon from car dealerships located farther away from the freeway in the large commercial area of Savi Ranch. This type of project belongs in a purely commercial area. The impacts of the project would diminish the quality of life for some of their newest residents or visitors and for established homeowners who have fought long and hard to retain the residential character of their neighborhood. Cheryl Thompson stated that she is unique to speak on the project and could not really say that she was speaking in opposition of it and did not really want to speak for it, but believed that she was a good person to speak for it. She is the project's manager for the Canyon Oaks development that sat next to the particular piece of property and was in due diligence on the property for over a year. She stated that she knows the property better than most people. She 12 -15 -03 Page 5 of 14 DECEMBER 15, 2003 PLANNING COMMISSION SUPPLEMENTAL DETAILED MINUTES knew what was possible on the property and what was not possible on the property. She was unique because she worked for D. R. Horton and lived in Canyon Oaks; a resident and also a project developer on the neighboring development. They looked at the property very seriously to put 22 homes on it and she spent a solid year trying to understand the constraints on the property. There are many intense constraints on the property. If it were left the way it was, Scenic would not really fit the bill. She worked very hard with the City staff on her project trying to understand what they could do to purchase the property at one point. It did not work. Her concerns really are not for or against, but hoped the Commission would take seriously some of the issues that have been brought up, not necessarily to oppose it, but to make sure that when it was developed, it would be developed in such a manner that would be aesthetically pleasing to those who lived there. That the landscaping would be mature landscaping so as to really buffer the sound; that the street was designed responsibly and appropriately so as to handle truck traffic. And, when trucks traveled to and from there, the City would consider putting the kinds of restrictions that would be least intrusive for them to back out; and that it could be done in such a time frame that they would not be coming in during the middle of the night so that it would not be a burden on the people who lived there. Betty Delligatia, 6059 Camino Manzano, Anaheim Hills, CA, presented a petition of approximately 600 names. She stated that she walked her shoes off getting the petition against the project, and that nobody in the area wanted it there. She recalled a few years back when she got a letter from the City telling her to take down her television antenna because she was in the Scenic Corridor. The subject project would not increase her Scenic Corridor it would deteriorate it. Anita Steageley, a representative of D. R. Horton, stated they were in their final phases at the construction at the Canyon Oaks project. They conducted extensive feasibility on the subject property and under their guidelines determined that it was not suitable for residential development. Also, as soon as they became aware of the initial application submitted to the City for the Caliber Motors project, they immediately and separately disclosed it to their homebuyers. Lastly, the one thing she remembered vividly in her due diligence of the project was that they were specifically conditioned to take access from another location off of Solomon Drive because of the City's concern of the negative impact that the traffic would have on Via Cortez. Chairperson Vanderbilt stated that he was trying to reconcile the petition and Ms. O'Neill's statement because her statement sounded like there was not an opposition but the petition indicated opposition. Ms. O'Neill responded that a lot of the petitions were gathered when they were under the assumption it was a three -story building which was double the size currently being proposed. The Concerned Citizens' policy is that they do not make decisions on their own. They present the facts as they are given to them and explain them to the residents. She wanted the land to be a park. She would love it to be houses. It is ugly the way it is. It is rat infested. They have done their research since they started the initial petitions and the e-mail campaigns, etc. There is not a lot of feasibility for other things on the site. It is not going to be left vacant. The owners have a right to sell it. While she does not want to see a car dealership there she felt at this point it was the best use for the land. She stated that the petition was based on the original plans, which were absolutely hideous. Applicant's Rebuttal: Mr. Bering responded that they just hoped Commission would give all of the issues brought forth careful consideration. They tried to accommodate many of the concerns and issues regarding lighting and access and test drives. That only during the construction phase would there be trucks going by, and that one of the conditions in the requirements is that they not deliver cars to the property on the traditional flatbeds or car haulers that haul 7, 8, 9 cars. The cars would be delivered to their main facility on La Palma Avenue where they would do a "pre- delivery inspection" and driven one by one to the new dealership. 12 -15 -03 Page 6 of 14 DECEMBER 15, 2003 PLANNING COMMISSION SUPPLEMENTAL DETAILE L MINUTES Commissioner Eastman stated that there were several things that troubled her. Commission would have to reverse something that they did not long ago as far as general plan and turning from residential back to commercial. From all of the documentation they have gotten, she understood the difficulties in trying to develop it for home sites, so she would not be opposed to the commercial use of it or not even opposed to the car dealership; but she opposed the plans. She concurred with the speaker who said it was insensitive to the rural feel of the Canyon. In other areas in the City residents have fought very hard to have standards, and it seemed a two - story building would be intrusive, especially along with the variance. It would not be compatible with the area. Commissioner Buffa concurred with Commissioner Eastman and stated that it was an appropriate use on the site and although it was a fairly creative site plan for a site that is extremely difficult to develop, the design of the building and architectural style was not compatible with the residential or commercial uses that were already in the area. She understood the Mercedes dealerships desire to have a contemporary building, especially since they were selling what they advertised as a very high -tech product and that they probably would not be interested in pink stucco and red tile roof, but she did not believe it was appropriate to have the highly reflective glass looming over the backyard fence of the neighbors or pointed towards the 91- Freeway, which could create a visual distraction. She was concerned that the building has more articulation, and would be more compatible with its residential neighbors and the commercial uses that were already there. Chairperson Vanderbilt asked staff to speak on the choice of design for the project because he believed it was not consistent with what Caliber Motors wanted and was much different than what was seen throughout the Canyon Area. Mr. McCafferty responded that staff did not have design view per se but that when something was adjacent to other architectural they tried to make it complimentary. Given that Caliber Motors wanted a contemporary look, staff focused on how to make it as compatible as possible with its surroundings. Chairperson Vanderbilt asked if there was a screening process that justified the reasons so that Commission could understand it better. Greg Hastings, Zoning Division Manager, concurred that it did not fit in with the other architectural immediately adjacent to it but was closer to what was seen on Imperial Highway and La Palma Avenue and on Savii Ranch, in terms of being a modern, non - traditional type of architectural. At the time staff first saw the plans, it was a much larger scale and has since been scaled back tremendously in terms of the size and some of the other operational features of the site in terms of the glass; that it was something the City has along Weir Canyon Road and the 91- Freeway, which was part of the Scenic Corridor. Staff was not expecting this type of automotive to actually look like the adjacent properties simply because it was not residential nor was it a retail commercial shopping center or a hotel -type of look and if Commission was looking at something more traditional, the project would not make it because it would stand out from the rest of the architectural in the area. Staff was not too concerned about the fact that they pick and change some other type of look out there. There was no architectural statement that had been adopted for the area. It just so happened that most of the architectural just kind of followed it along in the pattern that currently existed. Commissioner Flores stated if the signage were illuminated in the nighttime, the two on the sides would be affecting some of the residents. Mr. Bering responded that they would be illuminated at night, but that he did not believe they would be as high degree of illumination as the Mercedes Benz Starr, and the words Mercedes Benz. Commissioner Flores asked if there could be any agreement of one sign at the front or if it was necessary to have all three signs. 12 -15 -03 Page 7 of 14 DECEMBER 15, 2003 PLANNING COMMISSION SUPPLEMENTAL DETAIL,,b MINUTES Mr. Bering responded that the trees growing up along the property would shade most of the residences from view of the signs at night. Commissioner Flores stated that she was not comfortable with the three signs and the look of the building. Commissioner O'Connell stated to continue the look (the red tile roof, etc) for this type of show piece or display would be very difficult and would take away from what it was; a car dealership, a showroom. It would be a negative to try to change the entire thing. He agreed with Ms. O'Neill that there was not a whole lot that could be done with the property. He believed having the high caliber building and display would be fantastic for the site. He was not too concerned about traffic on the 91- Freeway as far as accidents, etc., because it was slow, and he did not see any real opposition present. Regarding the schools, they were pretty far away from the immediate business and he did not see any real impact to local businesses, but would help the shopping center with people coming in. It could be a real plus for Anaheim Hills. Commissioner Buffa stated the project would be a very positive use and appropriate use for the site but they would need to work out some of the design details. She suggested approving the use so that Caliber Motors could go back to Mercedes and say that they had gotten their site approved and wanted to expand and work with them to become a bigger dealership in the Mercedes Benz family. She suggested adding a condition of approval on a project 'that required Caliber to bring their architectural back to the Planning Commission and that there be some redesign of the facility so that it would be designed in such away as to have less of an impact on adjacent residences; to have some characteristics that were more compatible with the surrounding uses, the commercial, hotel and the residential and more in keeping with the style and the feeling in the Canyon. Commissioner Bostwick concurred with Commissioners Buffa and Eastman and felt there were some issues that needed to be addressed. He suggested maybe they could put red the on the roof and do a parapet roof and hide the equipment behind the parapet; reduce the glass or put some other articulation to the building. He stated that in the Savii Ranch area there was a Chevy dealer, the GMC dealer, which was on a property that also had constraints, and also a Honda and Acura dealership. That all had very nicely designed buildings, not as much glass, and yet could get the message across so that they could be seen. They did not have to have a wall of glass to be a dealership. He was truly impressed with the Concerned Citizens of the Canyon particularly, Stephanie in her statement about being realistic. He would rather have seen the whole site commercial and have it border in Anaheim and not in Yorba Linda, but nobody liked that idea. Now there were 100 plus homes on the site with a little piece of land left over. W hen the decision was made he questioned the developer about the strip of land and how they were going to access it and they said they could do it. It did not pan out and now was a very difficult site, very constrained and required certain variances. He suggested looking at a four -week continuance for them to work on their architectural, issues of signage, and the back lighting of the sign so that it would not show or reflect on the neighborhood. He asked if on the strip between the sound wall and the other retaining wall tieing built now, if they were planning to plant trees there or if they were planning to plant in front of the other wall. Mr. Bering responded they would not be planting anything on the Horton property. They would have to plant everything on their property, north of the drainage channel running east and west. Scott Koehn, representative of D. R. Horton, stated regarding the new retaining wall going up, there would be a chain link on top of the wall, green coated and vineage running through the chain link so that eventually there would be plantation going through it. Mr. McCafferty asked if there would be any planting on the north side of the sound wall, other than the vines. Mr. Koehn responded no. 12 -15 -03 Page 8 of 14 DECEMBER 15, 2003 PLANNING COMMISSION SUPPLEMENTAL DETAILEL) MINUTES Commissioner Bostwick wished to clarify that they were going to build another wall on their side of the drainage ditch and plant there. Mr. Marca stated that there was already a large sound wall constructed that was the back wall of most of their adjoining neighbors. There was a 15 -foot tour easement and then the Caliber property began. For the majority of the site there was the drainage channel, and directly to the north of that they were planning extensive 36 -inch boxed trees that would grow approximately between 12 and 16 feet tall in the beginning and then approximately 2 feet a year. The goal of the boundary was to create quickly a very dense visual screen between the residential property, and they would have the benefit, because of the sewer easement, of being set 15 feet farther back. There would be a substantial tree line, which would assist them both in terms of sound from the freeway and light from their site. As indicated, in today's modern optics although the lumens are very high, the photo metrics of the lights would direct their lighting straight down so that the cut -off along the property line with the shield would be less than a half a foot- candle. The City requested that they go to 12 -foot lighting along the property line with residences, and they proposed 24 feet. He felt 12 feet would be a real hardship because the lighting dispersion was very bad when those types of heads were close to the ground. Many cities required lighting near a residential area to be 16, 18 or 20 feet. Regarding the architectural, he stated that Mr. Zandy of Caliber Motors indicated that if the Commission should find a general approval for the project they would be happy to present alternate designs to the Commission for something more in keeping with a residential scale. As an architect who spends 85% of his time doing auto dealerships he felt Mercedes Benz signages were extremely subdued; essentially a dark blue background with a fine emblem in it. So at night the dark blue would not be a highly objectionable color for them. Mercedes Benz preferred the contemporary, high -tech type and they desired to please Mercedes Benz as well as staff in their concern about the reflection on the glass. The glass was highly studied and determined to be less reflective than clear glass. The second floor by the building was pulled in 20 feet from the exterior glass so that light projecting out at the upper level would be minimized. The reflective surface was turned inward on the interior of the dual -.pane thermal glass they were proposing to use on the building. Which would mean that there was no brightness projected on the outside. It would reflect but it was not categorized as a highly reflective surface by the glass industry. The north side of the building facing the 91- Freeway reflected nothing because no direct light shone on it from a major light source. The south side of the building would project the majority of the glare and they minimized that to the maximum extent that technology allowed and that presented a screen system. He felt they had made a lot of good efforts. Mr. McCafferty stated the Mitigated Negative Declaration went to Caltrans with the photo metrics analysis and they did not comment on the lighting. Chairperson Vanderbilt stated that for sometime now Commission had been looking at both freeway oriented signs and telecommunication, essentially mobile telephone antennas. And he wanted to encourage that maybe as a bonus to certain businesses that wanted to have freeway oriented signs that they allow the signs to include some kind of telecommunication equipment. Often mobile phone companies would state that they proposed to a company but the company was not interested. He asked staff if there was a way there could be some sort of "gentleman's agreement" that stated as part of the support for the project would be the understanding that the applicant would be open to talking to the telecommunication companies in terms of having their equipment located on the building since it would save the Canyon the need from another stand along structure or Commission would not be faced with the situation where the applicant would say they went to a company and it was not interested so they would have to build a separate structure. Mr. Marca stated they would agree to it. Mr. McCafferty stated staff would always encourage that to happen, if possible. 12 -15 -03 Page 9 of 14 DECEMBER 15, 2003 PLANNING COMMISSION SUPPLEMENTAL DETAILCD MINUTES Mr. Marca stated usually antennas were placed on taller buildings where they could not be seen from ground level, and asked if Commission would want antennas on the top of Caliber. Mr. McCafferty responded they should not be visible but integrated into the architectural design of the building, and sometimes the antennas could be lower if there were other facilities in the area. Chairperson Vanderbilt asked, regarding the location on La Palma Avenue if it was the intent of the applicant to actually move all of its facilities to the new site or if the one on La Palma Avenue was still going to be in operation. And if so, how would they advertise them. Mr. Bering responded that it obviously presented them with a lot of operational and advertising difficulties, but they thought the benefits would outweigh those type issues. They intended to keep the location on La Palma Avenue as vehicle sales and service facility. People had known about it for almost 20 years and they have outgrown the space. The landlord did not renew their lease of the building at 5401 East La Palma Avenue where the Land Rover dealer would be expanding. They needed extra room and would be willing to put up with the operational difficulties to get it. Chairperson Vanderbilt stated that the Conditional Use Permit would not permit a public address system and asked that since salesmen would be scattered all over the property, how they intended to overcome that. Mr. Bering responded that they would use cell phones that included paging features where they could press one button or enter a couple of keys and talk to anybody any place in the facility or anywhere in town. Mr. McCafferty asked Commission's guidance on the architectural design with the types of materials or style they wanted such as the Kaiser Health Care Building which was different but still contemporary; incorporating more stone and less glass that had a contemporary feel but also had a bit of craftsman to it to with the stone. Commissioner Eastman responded that it was an excellent example of a building that was contemporary and gave the warmth of a residential or more rustic feel that some of the other things in the Hills had. Chairperson Vanderbilt stated the palm trees were bothering him more than the architectural. Some of the other dealerships off of the 101- Freeway in the Ventura area had tall eucalyptus trees that were very elegant looking, and felt they would be an example of something that might blend in more with the area without calling for greater changes in the architectural of the buildings. Commissioner Flores felt the eucalyptus might block the view of the vehicles. Debbie O'Neil responded that the eucalyptus on her property dripped a sap down and had cones on them so that if they were to hit a car with any moisture on it, the car would be bright red. She suggested a weeping willow or something. Chairperson Vanderbilt recalled his idea and stated in the Canyon area more evergreen trees than eucalyptus trees were found. Mr. Marca stated unfortunately there were very few trees compatible with automobile dealership uses. The palm tree was relatively common as one that got used a lot because they were tall; they were a part of Southern California's heritage; and they did not shed a lot; they could be controlled the heads could be shaped and controlled without having things fall from them. Trees that attracted birds; trees that dropped seed pods; tons of leaves, etc. were incredible maintenance problems and many of them would actually damage the finish of the vehicles and systematically overtime the dealers would find a way to get rid of them. Many types of grass wouid have a difficult time growing under eucalyptus. The front portion of their site would be as 12 -15 -03 Page 10 of 14 DECEMBER 15, 2003 PLANNIiNG COMMISSION SUPPLEMENTAL DETAILcD MINUTES close to a park as they could get it and yet would be commercial. There would be an awful lot of landscaping in the front portion of the site and he would hate to see Commission require them to eliminate the palm trees in favor of eucalyptus. Chairperson Vanderbilt stated that it would be sort of a shock to change from one field temporarily to the other field and further down in the Canyon return to the look that was consistent for the entire corridor. Commissioner Eastman suggested incorporating a design where the applicant would come back, having taken into consideration all of the remarks made, that would give more of a comfortable feeling as far as blending in with the residential area. Mr. McCafferty suggested changes to the conditions as follows: Modify Condition No. 10 to indicate that a final landscaping and fencing plan for the entire site ... and the rest remained the same. Modify Condition No. 32 to say that all lighting should be arranged and directed as to reflect the light away from joining residential properties and should not exceed a height of 12 feet so that restriction on the lighting would apply to the entire site of 12 foot high standards. Commissioner Eastman suggested 18 feet since they needed it to be a little bit higher closer to the freeway. Greg Hastings, Zoning Division Manager, suggested an 18 -foot by the freeway if they could show that the lighting would not be obtrusive. Also on the specific signage to the Scenic Corridor, the signage would be required to be turned off at midnight. Since they were only going to operate until 9 p.m. it would not serve other than advertising purposes after hours to have the signage on after 9 o'clock. Commissioner Buffa stated she was not sure that she would be comfortable asking them to turn off their signage at 9 o'clock when Home Depot could leave theirs on during hours of operation, which could be 24 hours a day. Commissioner Eastman stated that across the freeway Commission also required Armstrong not to have their lights on at night. Mr. Hastings clarified that Condition No. 32 restricted the hours to what the applicant requested from 7 a.m. to 9 p.m. Mr. McCafferty stated a Final Elevation Plan should be submitted to the Zoning Division for review and approval by the Planning Commission as a reports and recommendation item. And that Condition No. 44 should state that prior to final Building and Zoning inspections, Condition No. 42, above mentioned should be complied with. That the only waiver related to the building would be the maximum structure height adjacent to a single - family residential zone, which was essentially a two to one requirement. Chairperson Vanderbilt asked if they were providing a sound buffer. He understood that the project would develop some signs but asked if they would also represent a barrier between the freeway and the residential area. Mr. McCafferty responded that there might be some acoustical value of the building being there and with regards to the building itself the only noise created was from the HVAC equipment, and that would be acoustically enclosed to comply with both Title 24 and the City Municipal Code. Commissioner Bostwick stated that from the standpoint of someone who owned property along the Santa Ana Freeway and who has had a sound wall next to his property, from going from landscaping, that the landscaping was a much better buffer for noise than the wall. The wall tended to bounce the sound and was actually louder and dirtier than landscaping. 12 -15 -03 Page 11 of 14 DECEMBER 15, 2003 PLANNINu COMMISSION SUPPLEMENTAL DETAILcO MINUTES FOLLOWING,IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: 6 people spoke in opposition (one represented the Anaheim Hills Citizens' Coalition). A petition was received with 661 signatures in opposition. Correspondence was received in opposition to the subject request. IN GENERAL: 3 people spoke in general but did not express support or opposition (one represented the Concerned Citizens of the Canyon). ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Flores and MOTION CARRIED (Commissioner Romero absent), that the Anaheim City Planning Commission does hereby determine that the CEQA Mitigated Negative Declaration in conjunction with Mitigation Monitoring Plan No. 122 is adequate to serve as the required environmental documentation for subject request. Recommended City Council approval of General Plan Amendment No. 2003 -00415 (to redesignate this property from the Hillside Low - Medium Density Residential land use designation to the General Commercial land use designation) by adopting Exhibit "A ". Granted Reclassification No. 2003 -00113 (to reclassify this property from the RS- 5000(SC) Zone to the CL(SC) Zone), subject to the conditions of approval as stated in the staff report dated December 15, 2003. Approved Waiver of Code Requirement, as follows: Approved waiver (b) pertaining to maximum structural height adjacent to a single - family residential zone, with a stipulation made at today's meeting that the maximum structural height including any roof - mounted equipment, shall be 32 feet. Vote: 5 -1 (Commissioner O'Connell voted no and Commissioner Romero absent) Approved waivers pertaining to (a) maximum number of wall signs, (c) minimum structural setback adjacent to a freeway, and (d) minimum landscape setback adjacent to an interior site boundary line abutting a residential zone. Vote: 6 -0 (Commissioner Romero absent) Granted, in part, Conditional Use Permit No. 2003 -04800 (to permit and construct an automotive sales dealership with accessory roof- mounted equipment with a total structural height not to exceed 32 feet), subject to the conditions of approval as stated in the staff report dated December 15, 2003, with the following modifications: Modified Condition Nos. 10, 32 and 44 to read as follows: 10. That a final landscape and fencing plan for the entire site, indicating type, size and location of proposed landscaping, aad irrigation and fencing, shall be submitted to the Zoning Division of the Planning Department for review and approval. Any decision made by the Zoning Division regarding said plan may be appealed to the Planning Commission, and /or City Council. Said information shall be specifically shown on plans submitted for building permits. Said plan shall include landscape screening for the north side of the vehicle preparation building, to eliminate graffiti opportunities. 12 -15 -03 Page 12 of 14 DECEMBER 15, 2003 PLANNIN COMMISSION SUPPLEMENTAL DETAIL�J MINUTES 32. That any lighting adjacent to the south property line shall be arranged and directed as to reflect the light away from adjoining residential properties and shall not exceed a height of twelve (12) feet. Any lighting adjacent to the freeway may be increased to a height not to exceed eighteen (18) feet provided that said increase in height would have the same lighting affect on the adjoining residential properties to the south as the 12- foot high light standards. Said information shall be specifically demonstrated on plans submitted for building permits. 44. That prior to final building and zoning inspections, Condition No. 42, above - mentioned, shall be complied with. Added the following conditions of approval to read as follows: That final elevation plans incorporating suggestions made by the Planning Commission at the December 15, 2003, public hearing regarding the architecture shall be submitted to the Zoning Division for review and approval by the Planning Commission as a Reports and Recommendations item. Said plans shall incorporate any roof - mounted equipment into the design of the building. That on -site advertising signage shall only be illuminated during hours of operation. Plans submitted for building permits shall demonstrate that the lighting from the signage shall not cause excessive light and /or glare for the residents to the south. Recommended City Council consideration of the Mitigated Negative Declaration and associated Mitigation Monitoring Plan, Reclassification, Waiver of Code Requirement, and Conditional Use Permit requests in conjunction with City Council's mandatory review of the General Plan Amendment. VOTE: 6 -0 (Commissioner Romero absent) Selma Mann, Assistant City Attorney, stated this item would be set for a public hearing before the City Council. DISCUSSION TIME: 1 hour and 56 minutes (5:07 -7:03) 12 -15 -03 Page 13 of 14 DECEMBER 15, 2003 PLANNI N,i COMMISSION SUPPLEMENTAL DETAIL-0 MINUTES MEETING ADJOURNED AT 7:04 P.M. TO MONDAY, JANUARY 12, 2004 AT 10:30 A.M. FOR A PRESENTATION ON THE BROWN ACT AND DUE PROCESS BY THE CITY ATTORNEY'S OFFICE AND PRELIMINARY PLAN REVIEW. RECEIVING AND APPROVING SUPPLEMENTAL DETAILED MINUTES FOR ITEM NO. 9, CONDITIONAL USE PERMIT NO. 2003 - 04800, FROM THE PLANNING COMMISSION MEETING OF DECEMBER 15, 2003, SCHEDULED TO BE HEARD AS A PUBLIC HEARING ITEM BEFORE CITY COUNCIL ON TUESDAY, FEBRUARY 10, 2004. Respectfully submitted: 1 4 (��Uut� Pat Chandler Senior Secretary Received and approved by the Planning Commission on 2003. I � 12 -15 -03 Page 14 of 14 R &R Item No. 1 -B Staff Report to the Planning Commission January 26, 2004 Item No. 1 -C 1 -C. REPORTS AND RECOMMENDATIONS a. MITIGATED NEGATIVE DECLARATION (PREVIOUSLY - APPROVED) (Motion) b. CONDITIONAL USE PERMIT NO. 2003 -04800 —REVIEW OF FINAL PLANS (Motion) (Tracking No. CUP 2004- 04827) SITE LOCATION AND DESCRIPTION: (1) This irregularly- shaped, 5.7 -acre property is located at the northeast terminus of Via Cortez and south of the SR -91 (Riverside Freeway), with a frontage of 161 feet on the northeast terminus of Via Cortez, a maximum depth of 1,370 feet and is located 837 feet north of the centerline of Santa Ana Canyon Road (NO ADDRESS — Caliber Motors). REQUEST: (2) The petitioner requests review of final elevation plans to construct a new automotive sales dealership. BACKGROUND: (3) This property is currently vacant and is zoned RS -5000 (SC). The Anaheim General Plan Land Use Element Map designates this property for Hillside Low - Medium Density Residential land uses. (4) General Plan Amendment No. 2001 -00415 (to amend the Land Use Element of the Anaheim General Plan redesignating the property from the Hillside Low - Medium Density Residential land use designation to the General Commercial land use designation) and Reclassification No. 2003 -00113 (to reclassify this property from the RS -5000 (SC) (Residential, Single - Family; Scenic Corridor Overlay) zone to the CL (SC) (Commercial Limited; Scenic Corridor Overlay) zone was approved by the Planning Commission on December 15, 2003. The project is scheduled for City Council consideration on February 10, 2004, due to the requirement that Council take final action on all General Plan Amendment approvals. (5) Conditional Use Permit No. 2003 -04800 (to permit and construct an automotive sales dealership with accessory roof - mounted equipment with a structural height greater than 35 feet (32 foot building plus 10 foot equipment enclosure) with waivers of a) maximum number of wall signs, b) maximum structural height adjacent to a single - family residential zone, c) minimum structural setback adjacent to a freeway and d) required landscape setback adjacent to an interior site boundary line abutting a residential zone) was approved, in part. The proposed structural height (totaling 42 feet consisting of a 32 -foot high building plus a 10 -high equipment enclosure) was approved in part, to permit a maximum overall height of 32 feet. (6) Resolution No. PC2003 -173, adopted in connection with Conditional Use Permit No. 2003- 04800, contains the following condition of approval: "46. That final elevation plans, which incorporate the suggestions made by the Planning Commission at the December 15, 2003, public hearing regarding the architecture, shall be submitted to the Zoning Division for review and approval by the Planning Commission as a `Reports and Recommendations' item. Said plans shall Sr8687ay.dcc Page 1 Staff Report to the Planning Commission January 26, 2004 Item No. 1 -C incorporate any roof - mounted equipment into the design of the building, and the maximum over -all structural height, including any roof - mounted equipment, shall be thirty two (32) feet." DISCUSSION: (7) This project was approved on December 15, 2003, with a condition of approval stipulating that final elevation plans be reviewed by the Planning Commission as a `Reports and Recommendations' item. As a result of elevation changes, the floor plans would also slightly deviate from the originally approved exhibits. (8) The floor plans for the vehicle sales building (Final Plan Nos. 1 and 2) reflect a two -story building with a total of 20,162 square feet. The first floor contains a foyer and reception area, restrooms, with the showroom comprising the majority of floor area. The second floor is designated for offices and restrooms. The second floor would still be open to the showroom below, but the location of the offices would be reconfigured. The original floor plan was designed with all activity (offices and customer waiting areas) centered toward the core of the building. The final elevation plans lower the roof height at the north and south elevations of the building creating an opportunity for the open showroom area to be located at the center of the sales building, eliminating the potential for light to filter up through the entire perimeter of the building. Offices would be located within the southern portion of the second floor and the wall of glass originally proposed for the south elevation would be reduced to smaller, inset windows with slate comprising the majority of this elevation. (9) The final elevation plans for the vehicle sales building (Final Plan No. 3) indicate that the roof -line of the proposed building has been modified to provide more articulation. The center portion of the building (facing east and west) would be 32 feet high and the north and south (abutting the residential neighborhood) elevations would step down to a height of 26 feet. The 10 -foot high equipment enclosure has been removed and all roof - mounted equipment would be installed within a roof well sunk into the building or alternatively, in the basement of the sales building. The entire building would be enhanced with slate stone columns and vertical sheets of blue glass. The south elevation would be completely covered with slate stone with the exception of 8 -foot high windows in contrast to the wall of glass that was previously proposed. The windows would be inset 2 feet from the exterior of the building to provide building depth and to mitigate potential light impacts on the neighborhood to the south. The entrances located on the east and west elevations would be offset 9 feet and covered in slate to create more building interest. The plans show a contemporary architectural design consistent with the Mercedes Benz image, while integrating decorative stone to create a warmer building that would be more compatible with the community. Staff feels that the revised elevations have achieved the Commissions request for a quality building that incorporates rich materials and articulation and better integrates with the surrounding commercial and residential neighborhood. (10) The final elevation plans (Final Plan No. 4) for the vehicle preparation building indicate that the north and south elevations would include concrete building walls enhanced with offset windows surrounded with slate. The east and west elevations would also include offset building features around the car wash entrance and exit and around the pedestrian doors. The popped -out building walls and decorative slate would add to the quality design of the project. Sr8687ay.dm Page 2 Staff Report to the Planning Commission January 26, 2004 Item No. 1 -C (11) The Commission specifically imposed a condition stating, "Said plans shall incorporate any roof - mounted equipment into the design of the building, and the maximum over -all structural height, including any roof - mounted equipment, shall be thirty two (32) feet." Staff feels that the sunken roof well would satisfy this condition since the equipment would be set completely below the height of the roofline and architecturally integrated into the design of the building, thereby limiting visibility from all directions. ENVIRONMENTAL IMPACT ANALYSIS: (12) Staff has reviewed the request for a review of final elevation plans and the previously - approved Mitigated Negative Declaration and finds there are no changes to the originally - approved conditional use permit and that the request will not result in any significant adverse environmental impacts. Therefore, staff recommends that the previously- approved Mitigated Negative Declaration serve as the required environmental documentation for this request- 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 take the following actions: (a) By motion, determine that the previously- approved Mitigated Negative Declaration is adequate to serve as the required environmental documentation for the subject request. (b) By motion, approve Final Elevation Plan Nos. 1 through 4, for a previously- approved automotive sales dealership because the proposed final plans comply with the conditions of approval for Conditional Use Permit No. 2003 -04800 and the Commission's desire for a high quality building that incorporates rich materials and articulation while complementing the adjacent residential neighborhood. Sr8687ay.dm Page 3 Item No. 1C C CUP 4163 Oy TREA WENT OFFICE BLDG. AL ON� ENTER C -G ANIMAL CH rlosP RS -2 C -G 1 DU EACH VAR 4154 T ADJ 0124 w w CHURCH c�LL BLANCHARD AVE ti T 0-`- oFF(� g�00 G EEN pl 111 M OTE L RCl 042 cU c coP GREEN EN MGTEL� 06j6S V PFZ 0 R ME D ` c P`C ENSE G B5 FC UP 1822 CU QUEE UP \RY ROOUP 168627 G -G REST GU? 628 UP 773 C -G OFFICES ,CL 57-58-33 O-G VAR 9525 OFFICE R 864 BLDG GU�EMG NURSINti rn � 51- 3 RG�RSING 83 �A iN N RCUP jaM NOME VA R 2001 -! �pU WEINERSCHI :65.12 z91T S TEEIO w RCL 545529 CLIP 6 W GG VAR 693 VAR 1755 C-G_ _ Ell �.._ aFFICE 4DU VAR 19!&17 INSTATMNEU (VAR 11 ) RC 52-5 U10 cup PARKIN G LIN C OLN 'VE ADJ 0184 RC 6 -1 CUP 6 � I 1015 Conditional Use Permit No- 1228, 1031 TRACKING NO- CUP2006 -05062 CUP 1606 CKIN THE BOX P 2882-04502 RCL 53 -S CUP 1686 CUP281 vAR m. TAMPIC C -G MUTE !CL 53 -54 -12 PIZZA HUT C -G RCL 65 -66 -68 VAR 1948 -6 ADJ 0167 WALGREENS PHARMACY RS -2 1 DU EAC I 1 DU EA E RS 2 Q R 3: Q a Z S -2 LLJ U C WARDTERRACE } Z�A noa 0167 1 a a O — I I I Z } _ J Q U Q < KW U o LL e 1 DU E � K COLL I V CIA — C-G rl RCL98-97-8 o��t -- r- Requested By: JAMES MYRON AND PETER CAPRIOTTI II Parcel A: 100 North State College Boulevard Parcel B: 130 North State College Boulevard 10010 Subject Property Date: March 6, 2006 Scale: 1"=200' Q -S- No- 112 rn � 61 -62 -30 GUP2793 F LU :D O ,w aLL LL o U M w W + G -62 -30 61 -% O _ O-0 2 ME 0497 031 LLJ 007 BELL PARCELA N LO C -G RCL 68419 -90 CUP 200605062 CUP 2 005 -049 97 �— P 1228 J y REST 1 ENTE STREET Subject Property Date: March 6, 2006 Scale: 1"=200' Q -S- No- 112 Staff Report to the Planning Commission March 6, 2006 Item No. 1 -C 1 -C. REPORTS AND RECOMMENDATIONS a. CONDITIONAL USE PERMIT NOS. 1031 AND 1228 (Resolution) — REQUEST FOR TERMINATION (Tracking No. CUP2006- 05062) SITE LOCATION AND DESCRIPTION: (1) Parcel A: This irregularly- shaped, 0.5 -acre property is located at the northeast corner of Center Street and State College Boulevard, having frontages of 152 feet on the east side of State College Boulevard and 160 feet on the north side of Center Street (100 North State College Boulevard). Parcel B: This rectangularly shaped, 0.3 -acre property at the southeast corner of State College Boulevard and Underhill Avenue with frontages of 100 feet on the east side of State College and 125 feet on the south side of Underhill Avenue (130 North State College Boulevard). REQUEST (2) The property owner for 100 North State College Boulevard, James Myron, has submitted the attached letter requesting termination of Conditional Use Permit No. 1228. The property owner for 130 North State College Boulevard, Peter Capriotti II, has submitted the second attached letter requesting termination of Conditional Use Permit No. 1031. BACKGROUND (3) These properties are developed with a vacant restaurant and a fast food restaurant and are zoned C -G (General Commercial). The Anaheim General Plan Land Use Element Map designates Parcel A for General Commercial and Low Density Residential land uses, and for Parcel B for General Commercial land uses. (4) Conditional Use Permit No. 1031 (to establish a walk -up restaurant) was approved by the Planning Commission on June 3, 1968 (2004 and 2008 Underhill Avenue later changed to 130 North State College Boulevard). (5) Conditional Use Permit No. 1228 (to permit on -sale beer and wine in an existing restaurant) was approved by the Planning Commission on March 22, 1971 (100 North State College Boulevard). (6) Condition of Approval No. 11 of Resolution No. PC2005 -111 for Conditional Use Permit No. 2005 -04997 (to construct a fast food restaurant with drive through and outdoor seating and a 3 -unit commercial retail center) that was approved by the Planning Commission on July 25, 2005, requires the termination of Conditional Use Permit Nos. 1031 and 1228. (7) The property owners are requesting termination of these conditional use permits since these entitlements are no longer needed. srcupl03ljkn.doc Page 1 Staff Report to the Planning Commission March 6, 2006 Item No. 1 -C RECOMMENDATION: (8) 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. 1031 and 1228. srcupl03ljkn.doc Page 2 [DRAFT] RESOLUTION NO. PC2006 - * ** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT NOS. 1031 AND 1228 (100 and 130 NORTH STATE COLLEGE BOULEVARD) WHEREAS, on June 3, 1968, the Anaheim Planning Commission did, by its Resolution No. PC68R -162 grant Conditional Use Permit No. 1031 to establish a walk -up restaurant, and WHEREAS, on March 22, 1971, the Anaheim Planning Commission did, by its Resolution No. PC71 -47 grant Conditional Use Permit No. 1727 to permit on -sale beer and wine in a proposed restaurant; and WHEREAS, James Myron and Peter Capriotti II, owners of the subject properties have submitted letters requesting termination of Conditional Use Permit Nos. 1031 and 1228 to comply with Condition of Approval No. 11 of Resolution No. PC2005 -111 for Conditional Use Permit No. 2005 -04997 (to construct a fast food restaurant with drive through and outdoor seating and a 3 -unit commercial retail center) approved by the Planning Commission on July 25, 2005, 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. 1031 and 1228 on the basis of the foregoing findings. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 6, 2006. 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. ATTEST: CHAIRMAN, ANAHEIM PLANNING COMMISSION SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 1, 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 March 6, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 2006. IN WITNESS WHEREOF, I have hereunto set my hand this day of SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION Cr1PC2006- -1- PC2006- Tracking No. CUP2006 -05062 FROM -COTTI FOODS LAW OFFICES AND FINANCIAL SERVICES Estate Planning Living Trusts Family Trusts Individual Trusts Irrevocable Trusts Special Needs Trusts ...... Foreign Trusts Foreign Clilizen Trusts Foundations Charitable Trusts Trust Maintenance Trust Division Trustee Services Estate Litigation Estate Settlement Advanced Tax Planning Insurance Rsal.Estate Financial Analysis Powers of Attorney July 23, 2005 949 - 858 -9199 Amy Vasquez Planning Department 200 South Anaheim Blvd, Suite 162 Anaheim, CA 92805 T -674 P 0021002 F -738 Attachment - R &R 1 -C RECEIVE D JOL 21 2005 Cotta Food's Corp, Re: Request Termination of Conditional Use Permits for 100 North State College Blvd., Anaheim, California Dear Amy: I am the owner of the land located atl00 N, State College Blvd., Anaheim, California. For the past several years a Carrows Restaurant was operated on my property. However, now the Carrows has closed, and I have leased the property for the purpose of constructing and opening a new Taco Bell restaurant. In order to facilitate the issuance of the new permits for the construction and operation of the new Taco Bell restaurant at this location, I hereby request that the following two (2) conditional use permits be terminated upon the approval of all of the permits necessary for the construction and operation of the new Taco Bell: 1. 1031 - Walkup Restaurant Permit 2. 1228 - Permit to Sell Beer & Wine If you have any questions, please call my attorney, Daniel C. Hales at 949 -852- 8181. Wills Thar_k yo ??. Living Wills Pourover Wills Declaration of Intent Corporations Sincerely, Partnerships Gift Counseling, Asset Protsction James Myron, , Retirement Plan's Owner, Trustee of the Myron Foundation Annuities Probate Services Cc: Steve Deez Liquidity Analysis Cc: holly Sandler, J.L. Hare & Associates Contracts Arbitration Health Care Plans 4695 MacArthur Court, Suite 100, NEWPORT BEACH, CA 92660 • TEL (949) S52-8181 FAX (949) 352 -1015 433 North Camden Drive, Suite 600, BEVERLY HILLS, CA 90210 • TEL (800) 662 -0882 FAX (310) 288 -1801 02- 09 -'06 15 :31 FROM -COTTI FOODS 949 - 858 -9199 T -870 P002/002 F -520 Attachment - R &R 1 -C COW Foods Corporation A Franchisee of Taco Bell Corp. 26111 Antonio Parkway, Suite 100 Las Flores, CA 92688 Tel 949/858.9191 Fax 9491858 -9199 February 9, 2006 Jessica Nixon City of Anaheim Planning Services Division, Room 162 200 S. Anaheim Blvd. Anaheim, California 92805 Reference: 130 North State College Blvd. Dear Jessica, Please accept this letter as follow up to your request, today, regarding Conditional Use Permit No. 1031 (to establish a walk -up restaurant.) I understand that you need to clear this old Conditional Use Permit, on your books, for 130 North State College Blvd. For the past several years I have owned and operated a Taco Bell Restaurant on this property. I am now in the process of opening a new Taco Bell Restaurant, next door on the 100 North State College Blvd. property. Upon completion and move -in of the new building, we plan to demolish the current restaurant at 130 North State College Blvd. As you are aware, we will be building a retail center on the 100 N State College Blvd. site. The grading plans are currently being review by the planning department. As the owner of the land located at 130 North State College Blvd., I am requesting a termination of Conditional Use Permit #1031 to occur after the building has been vacated. We expect this transfer to take place in June. If you have any questions, please feel free to call. a _ 41r _ i r President Item No. 2 IND. FIRMS \�0 4 RCL 99 -00 -15 h RCL 9d-00.15 (Res. of Int. to 70.71 2 SE) I y J (Res. of Int. to SE) (41 RCL 70-71-28 RCL 70-71-27 RCL 70-71-27 0 STADIUM PLAZA 4 BUSINESS PARK SMALL IND. FIRMS SMALL IND. l(1 FIRMS (( SINCLAIR ST W O H 0 RCL 200400127 RCL 99- t. to S Q (Res. of SE) Q; RCL 83 -83-8 4-19 RCL 70 -71 -28 RCL 27 VAR R 339 3390 "Yo VAR 2152 �F( OFFICE OBLDG. N�E RCL 99 6 !�L PvE (Res. of Int. t. to S n ti RCL 66 -67 -7- 14 4 9e RCL 59 -60. dk 23 P�39 oy�e ^a N T -CUP 2002 -04578 P ti y w e o%�' y T-CUP 2001 -044 �- y9' N C6 (PTMU) CUP 2001 -04441 F` G�' ° CUP 1424 F`�PF`55 RCL of Int to SE) (Res. 7-88- CE) REST. CUP 1301 RCL 85 -88 -26 VAR RCL 8384 -24 V -1779 79 S S RCL 5 9-60 -23 AUTO REPAIR CUP 2005 -04966 CUP 3369 & RENTAL CUP 3165 CUP 2651 VAR 200504675 a Bo O-L PTMU PARKING O -L (PTMU) RCL 9-00. 5 AR 4266 (Res. of Int. to SE) RCL 15 RCL 90 -91 -11 (Res. of f Int. Int. to SE) RCL 82 -8333 RCL 90 -91 -11 RCL 59 -60.23 RCL 83 -84 -24 CUP 3369 RCL 59 -60 -23 CUP 2433 CUP 3369 CUP 3326 CUP 2257 T -CUP 200304774 CUP 3165 STADIUM TOWER PLAZA STADIUM TOWER PL CUP 2651 OFFICE BLDG. OFFICE BLDG. VAR 3608 PARKING ATCy s0 PR (PTMU) 4 '4�/� VACANT (Res ofnt0.tto1S 3g E) NT4F R CUP 2400 3 RA /` ST AT /O lk CUP 750 RCL 6 6-67-1 4 ANGEL STADIUM ALL PROPERTIES ARE IN THE PTMU (PLATINUM TRIANGLE MIXED USE OVERLAY) ZONE Variance No. 2005 -04675 Eli Subject Property Date. March 6, 2006 Scale. Graphic Requested By. THE SHOPS AT STADIUM TOWERS Q.S. No. 117 REQUEST WAIVERS OF (A) MINIMUM NUMBER OF PARKING SPACES B PERMITTED NUMBER OF TENANTS ON A MONUMENT SIGN (C) MAXIMUM NUMBER OF MONUMENT SIGNS D) MAXIMUM HEIGHT OF MONUMENT SIGN E) PERMITTED NUMBER OF WALL SIGNS (F) PERMITTED LOCATION OF WALL SIGNS (G) MAXIMUM HEIGHT OF LETTERS /LOGOS ON WALL SIGNS TO WAIVE MINIMUM NUMBER OF PARKING SPACES AND PERMITTED SIGNS. 2410 -2420 East Katella Avenue — Stadium Towers Plaza 2135 Staff Report to the Planning Commission March 6, 2006 Item No. 2 2a. CEQA NEGATIVE DECLARATION (Motion for continuance) 2b. VARIANCE NO. 2005 -04675 SITE LOCATION AND DESCRIPTION: (1) This irregularly- shaped, 2.4 -acre property has a frontage of 600 feet on the south side of Katella Avenue, a maximum depth of 480 feet and is located 37 feet east of the centerline of Howell Avenue (2410 -2420 East Katella Avenue - Stadium Towers Plaza). REQUEST: (2) The applicant requests approval of the following: Variance No. 2005 -04675 — Request waivers of (a) minimum number of parking spaces, (b) permitted number of tenants on a monument sign, (c) maximum number of monument signs, (d) maximum height of monument sign, (e) permitted number of wall signs, (f) permitted location of wall signs, and (g) maximum height of letters /logos on wall signs to waive minimum number of parking spaces and permitted signs for a previously- approved commercial center- BACKGROUND (3) This property is currently developed with an office building and a freestanding restaurant and is zoned C -G (General Commercial). The Land Use Element Map of the Anaheim General Plan designates this property for Mixed Use land uses. Surrounding properties to the east, west and south are also designated for Mixed Use land uses, and to the north (across Katella Avenue) for Office High land uses. (4) This item was continued from the January 23, February 6 and February 22, 2006, Planning Commission meetings in order to complete revisions to the parking study to allow for outdoor dining. The applicant, John Hill, has submitted the attached e-mail dated, February 23, 2006, requesting a further continuance to the March 20, 2006, Commission meeting to finalize the parking study revisions- RECOMMENDATION (5) That the Commission, by motion, continue this item to the March 20, 2006, Planning Commission meeting. S R- VAR2005- 04675(c on't- 3- 6 -06). dm Page 1 F -ARMI iT7'I MIMIiMr-M 2/23/06 Amy, I am in receipt of your message, Thank you for the update. We kindly request a continuance for our public hearing. Thank you for your help. We look forward to receiving the comments next week. Sincerely, John Hill RHA, inc. Sent wirelessly via BlackBerry from T- Mobile.