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PC 2014/06/16 City of Anaheim Planning Commission Agenda Monday, June 16, 2014 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chair: Victoria Ramirez • Chair Pro-Tempore: Harry Persaud • Commissioners: Peter Agarwal, Paul Bostwick, Mitchell Caldwell Michelle Lieberman, John Seymour • Call To Order - 5:00 p.m. • Pledge Of Allegiance • Public Comments • Public Hearing Items • Commission Updates • Discussion • Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. A copy of the staff report may be obtained at the City of Anaheim Planning Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planning on Thursday, June 12, 2014, after 5:00 p.m. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Planning Commission using the following e-mail address: planningcommission@anaheim.net 06/16/14 Page 2 of 6 APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. Anaheim Planning Commission Agenda - 5:00 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. 06/16/14 Page 3 of 6 Public Hearing Items ITEM NO. 2 TENTATIVE PARCEL MAP NO. 2014-129 (DEV2014-00039) Location: 1256-1290 East Lincoln Avenue 113-117 East Fahrion Place Request: To consolidate five parcels into one parcel to allow for a future multiple-family residential project. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 32 (In-Fill Development Projects) Categorical Exemption. Resolution No. ______ Project Planner: David See dsee@anaheim.net ITEM NO. 3 VARIANCE NO. 2014-04968 CONDITIONAL USE PERMIT NO. 2013-05715 (DEV2013-00128) Location: 1380 South Sanderson Avenue Request: To permit the construction of a church sanctuary and conversion of an existing two-story office building into church classrooms and office space with fewer parking spaces than required by the Zoning Code. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 32 (In-Fill Development Projects) Categorical Exemption. Continued from the June 2, 2014 Planning Commission meeting. Resolution No. ______ Project Planner: Vanessa Norwood vnorwood@anaheim.net 06/16/14 Page 4 of 6 ITEM NO. 4 RECLASSIFICATION NO. 2013-00254 CONDITIONAL USE PERMIT NO. 2013-05720 TENTATIVE TRACT MAP 17700 (DEV2013-00056) Location: 1619 South Euclid Street Request: To rezone the property from the Transition (T) zone to the Single–Family, Residential (RS-4) zone and to permit and establish an 8-unit small–lot residential subdivision with modifications to development standards. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 32 (In-Fill Development Projects) Categorical Exemption. Continued from the June 2, 2014 Planning Commission meeting. Motion Request for Continuance to June 30, 2014 Project Planner: Vanessa Norwood vnorwood@anaheim.net ITEM NO. 5 RECLASSIFICATION NO. 2014-00264 TENTATIVE PARCEL MAP NO. 2014-108 (DEV2014-00014) Location: 1648 West Orangewood Avenue Request: To rezone the property from the T (Transition) Zone to the RS-3 (Residential, Single Family) Zone and to establish a three-lot single-family residential subdivision. Environmental Determination: The Planning Commission will consider whether Environmental Impact Report No. 330 (Previously-Certified) is the appropriate environmental determination for the proposed project. Resolution No. ______ Resolution No. ______ Project Planner: Vanessa Norwood vnorwood@anaheim.net 06/16/14 Page 5 of 6 ITEM NO. 6 CONDITIONAL USE PERMIT NO. 2010-05497A (DEV2014-00020) Location: 3330 West Lincoln Avenue Request: To amend a conditional use permit to permit a pre-school at an existing church. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Resolution No. ______ Project Planner: Amy Vazquez avazquez@anaheim.net Adjourn to Monday, June 30, 2014 at 5:00 p.m. 06/16/14 Page 6 of 6 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 5:30 p.m. June 11, 2014 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ANAHEIM CITY PLANNING COMMISSION The City of Anaheim wishes to make all of its public meetings and hearings accessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Am ericans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicación del mismo. Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139, antes de las 10:00 de la mañana un día habil antes de la reunión programada. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: JUNE 16, 2014 SUBJECT: TENTATIVE PARCEL MAP NO. 2014-129 LOCATION: 1256-1290 East Lincoln Avenue and 113-117 East Fahrion Place APPLICANT/PROPERTY OWNER: The applicant is Brittany Seniff with Jamboree Housing Corporation and the property owner is William Taormina with Clean City Inc. REQUEST: The applicant requests approval of a tentative parcel map to consolidate five parcels into one parcel to accommodate a planned multiple-family residential project. RECOMMENDATION: Staff recommends the Planning Commission approve the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 32, Infill Development Projects), and approving Tentative Parcel Map No. 2014-129. BACKGROUND: The five existing parcels have a combined area of 1.8 acres and are located in the RM-4 (Multiple-Family Residential) zone. The site is designated for Medium Density Residential land uses by the General Plan. The site is currently developed with four commercial buildings. The property is surrounded by a motel to the west, apartments and a church to the south, a school to the east and apartments to the north across Lincoln Avenue. On March 26, 2013 the City Council adopted an ordinance rezoning these properties from the General Commercial (C-G) and Multiple-Family Residential (RM-3) zones to the RM-4 zone. PROPOSAL: The applicant proposes to consolidate five parcels into one parcel to accommodate a planned 3-story, 70-unit affordable apartment project. The project is currently being reviewed under the Tier One density bonus provisions which provide for staff level approval as the developer intends to comply with all applicable development standards. TENTATIVE PARCEL MAP NO. 2014-129 June 16, 2014 Page 2 of 2 ANALYSIS: The purpose of the Commission’s consideration of a tentative parcel map is to review the proposed subdivision for consistency with the General Plan and zoning code. The proposed subdivision would comply with all of the development standards of the RM-4 zone, including the minimum lot size, minimum lot width and required access. The subdivision would also be in conformance with the Land Use Element of the General Plan, which includes the following goals: • Goal 2.1: Continue to provide a variety of quality housing opportunities to address the City’s diverse housing needs. • Goal 3.1: Pursue land uses along major corridors that enhance the City’s image and stimulate appropriate development at strategic locations. • Goal 3.2: Maximize development opportunities along transportation routes. • Goal 6.1: Enhance the quality of life and economic vitality in Anaheim through strategic infill development and revitalization of existing development. CONCLUSION: Staff recommends approval of the requested subdivision as the request is consistent with the goals of the General Plan and complies with the development standards for the RM-4 zone. Prepared by, Submitted by, David See Jonathan E. Borrego Senior Planner Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Tentative Parcel Map Resolution 3. Applicant’s Request Letter The following attachments were provided to the Planning Commission and are available for public review at the Planning Department at City Hall or on the City of Anaheim’s web site at www.anaheim.net/planning. 4. Site Photographs 5. Tentative Parcel Map R M -4 V A C A N T R S -2 S IN G L E F A M IL Y R E S ID E N C E C -G P R IV A T E S C H O O L T R E L IG IO U S U S E R M -4 L IN C O L N E L E M E N T A R Y S C H O O L C -G N U R S IN G H O M E R M -4 L IN C O L N W O O D S A P T S 6 6 D U R S -2 S IN G L E F A M IL Y R E S ID E N C E R S -2 S IN G L E F A M IL Y R E S ID E N C E R S -2 S IN G L E F A M IL Y R E S ID E N C EC-GRESTAURANTR S -2 S IN G L E F A M IL Y R E S ID E N C E R M -3 S A N D M A N M O T E L R M -4 C IT R U S R A N C H A P A R T M E N T S R M -4APTS16 D URM-4APTS46 D U C -GRETA IL R M -4APTS50 D U C -GRETA IL R S -2 S IN G L E F A M IL Y R E S ID E N C E T L IN C O L N P A R K C-GSERVICE STATION C-GRETAIL R M -4 R E T A IL R M -4 R E T A IL R M -3 R E L IG IO U S U S E C -GRETA IL C -G S A N D M A N M O T E L R S -2 S IN G L E F A M IL Y R E S ID E N C E E L IN C O L N A V E E B R O A D W A Y E O A K S T N LA PLAZAS FAHRI ON PLE C H E S T N U T S T S BOND STE B IR C H S T N CI TRUS RANCH RDE. LA PALMA AVE E .LI N C O L N A V EN. EAST STS. EAST STS. SUNKIST STN. ANAHEI M BLVDE . B R O A D W A Y E. SOUTH ST S. STATE COLLEGE BLVDN. SUNKIST STS. HARBOR BLVDS. ANAHEI M BLVD125 6-1 290 Eas t L inc ol n Av en ue113-11 7 Ea st F ah r ion Pla ce D E V 20 14 -0 00 3 9 Su bje ct Property APNs: 037-173-23037-173-44037-173-25037-173-430371-73-22 ATTACHM ENT NO. 1 °0 50 10 0 Feet Ae ria l Pho to :Ma y 20 13 E L IN C O L N A V E E B R O A D W A Y E O A K S T N LA PLAZAS FAHRI ON PLE C H E S T N U T S T S BOND STE B IR C H S T N CI TRUS RANCH RDE. LA PALMA AVE E .LI N C O L N A V EN. EAST STS. EAST STS. SUNKIST STN. ANAHEI M BLVDE . B R O A D W A Y E. SOUTH ST S. STATE COLLEGE BLVDN. SUNKIST STS. HARBOR BLVDS. ANAHEI M BLVD125 6-1 290 Eas t L inc ol n Av en ue113-11 7 Ea st F ah r ion Pla ce D E V 20 14 -0 00 3 9 Su bje ct Property APNs: 037-173-23037-173-44037-173-25037-173-430371-73-22 ATTACHM ENT NO. 1 °0 50 10 0 Feet Ae ria l Pho to :Ma y 20 13 ATTACHMENT NO. 2 RESOLUTION NO. PC2014-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING TENTATIVE PARCEL MAP 2014-129 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014-00039) (1256-1290 EAST LINCOLN AVENUE AND 113-117 EAST FAHRION PLACE) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the “Planning Commission”) did receive a verified Petition for Tentative Parcel Map No. 2014- 129 to consolidate five parcels into one parcel (herein referred to as the "Parcel Map") for certain real property located at 1256-1290 East Lincoln Avenue and 113-117 East Fahrion Place in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the “Property”); and WHEREAS, the Property, consisting of approximately 1.83 acres, is developed with four commercial buildings. The Anaheim General Plan designates the Property for Medium Density Residential land uses. The Property is located within the Multiple Family Residential (RM-4) Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.06 (Multiple Family Residential Zone) of the Anaheim Municipal Code (the "Code"); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 16, 2014 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against the proposed Parcel Map, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that the proposed Parcel Map is within that class of projects which consist of infill development meeting the conditions described in Section 15332 of Title 14 of the California Code of Regulations ("CEQA Guidelines"). Specifically, the Parcel Map, once approved, (a) will be consistent with the applicable General Plan designation and all applicable General Plan policies, as well as with the applicable zoning designation and regulations, and (b) would not result in any significant effects relating to traffic, noise, air quality, or water quality. In addition, the Property (a) is less than five acres in size and is substantially surrounded by urban uses, (b) has no value as habitat for endangered, rare or threatened species, and (c) can be adequately served by all required utilities and public services. Accordingly, pursuant to Section 15332 of the CEQA Guidelines, the Parcel Map will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for Tentative Parcel Map No. 2014-129, does find and determine the following facts: 1. The proposed subdivision, including its design and improvements, is consistent with the Medium Density Residential land use designation in the Anaheim General Plan and, the zoning and development standards of the “RM-4” Multiple Family Residential zone contained in Chapter 18.06 (Multiple-Family Residential Zone) of the Code; and 2. The site is physically suitable for the type and density of the Parcel Map in conformance with the development standards of the “RM-4” Multiple-Family Residential Zone ; and 3. The design of the subdivision is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, as no sensitive environmental habitat has been identified in the vicinity; and 4. The design of the subdivision or the type of improvements is not likely to cause serious public health problems, as it is anticipated that the existing commercial buildings will be demolished and replaced with multiple family residential buildings in conformance with the development standards of the “RM-4” Multiple-Family Residential Zone; and 5. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Tentative Parcel Map No. 2014-129, contingent upon and subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. ATTACHMENT NO. 2 BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 16, 2014. 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. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on June 16, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of June, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION EXHIBIT “B” TENTATIVE PARCEL MAP NO. 2014-129 (DEV2014-00039) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO RECORDATION OF PARCEL MAP 1 The legal property owner shall execute an unsubordinated Subdivision Improvement Agreement, in a form approved by the City Attorney, to complete any required public improvements at the legal property owner’s expense. Said agreement shall be submitted to the Public Works Department, Subdivision Section for approval by the City Attorney and City Engineer and then shall be filed in the Office of the Orange County Recorder upon approval by City Council. Public Works Department, Development Services Division 2 An improvement certificate shall be placed on the final map to indicate that all street improvements along Lincoln Avenue per the latest version of the Lincoln Avenue Corridor Highway and Landscape Master Plan and for Fahrion Place per Public Works Standard Detail 160-A shall be constructed prior to final building and zoning inspections as directed by the City Engineer for future building or grading site development plans. Public Works Department, Development Services Division 3 An improvement certificate shall be placed on the final map to indicate that all required public sewer and storm drain improvements shall be constructed prior to final building and zoning inspections as directed by the City Engineer for future building or grading site development plans. Public Works Department, Development Services Division 4 An improvement certificate shall be placed on the final map to indicate that all required public water improvements shall be constructed prior to final building and zoning inspections as directed by the Public Utilities Director for future building or grading site development plans. Public Utilities Department, Water Engineering Division 5 That prior to development approval, a maintenance covenant, shall be submitted to the Subdivision Section of Public Works and approved by the City Attorney's office. The covenant shall include provisions for maintenance of private facilities, including compliance with approved Water Quality Management Plan and a maintenance Public Works Department, Development Services Division NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT exhibit. Maintenance responsibilities shall also include parkway landscaping and irrigation on Lincoln Avenue and Fahrion Place. The covenant shall be recorded in the Office of the Orange County Recorder. 6 The vehicular access rights to Lincoln Avenue and Fahrion Place shall be released and relinquished to the City of Anaheim, except at approved street openings. Public Works Department, Development Services Division 7 The property owner shall irrevocably offer to dedicate to the City of Anaheim an easement 53 feet in width from the centerline of Lincoln Avenue and an easement 50 feet radial from the center point of the cul-de-sac of Fahrion Place for road, public utilities and other public purposes. Public Works Department, Development Services Division 8 The owner shall irrevocably offer to dedicate to the City of Anaheim (i) an easement for all large domestic above-ground water meters and fire hydrants, including a five foot wide easement around the fire hydrant and/or water meter pad, (ii) a twenty foot wide easement for all water service laterals to the satisfaction of the Water Engineering Division. The easements shall be granted on the Water Engineering Division of the Public Utilities Department’s standard water easement deed. The easement deeds shall include language that requires the owner to be responsible for restoring any special surface improvements, other than asphalt paving, including but not limited to colored concrete, bricks, pavers, stamped concrete, decorative hardscape, walls or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for the repair, replacement, and maintenance of all surface improvements other than asphalt paving shall be the responsibility of the owner and included and recorded in the Master CC&R’s for the project. Public Utilities Department, Water Engineering GENERAL 9 The Parcel Map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be filed in the Office of the Orange County Recorder. Planning Department, Planning Services Division 10 The subject Property shall be developed substantially in accordance with plans and specifications submitted to the City of Planning Department, NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT Anaheim by the petitioner and which plans are on file with the Planning Department, and as conditioned herein. Planning Services Division 11 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning Department, Planning Services Division 12 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning Department, Planning Services Division ATTACHMENT NO. 3 ATTACHMENT NO. 4 View from Fahrion Place View from Lincoln Ave. ATTACHMENT NO. 5 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 3 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: JUNE 16, 2014 SUBJECT: VARIANCE NO. 2014-04968 AND CONDITIONAL USE PERMIT NO. 2013-05715 LOCATION: 1380 South Sanderson Avenue APPLICANT/PROPERTY OWNER: The applicant is David Choye, representing Church of the Southland, and the property owner is Air Conditioning & Refrigeration’s Industry Building Corporation. REQUEST: The applicant requests approval of a variance and a conditional use permit to permit a church and pre-school with fewer parking spaces than required by the Zoning Code. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 32 - In-Fill Development) and approving Variance No. 2014-04968 and Conditional Use Permit No. 2013-05715. BACKGROUND: The 4.5-acre property is developed with a 37,000 square foot office building and is located in the General Commercial (C-G) zone. The site is designated for General Commercial land uses by the General Plan. Surrounding land uses include the Rancho Del Rio equestrian stables to the south, an automotive dealership to the north, The Phoenix Club to the east, and the 57 Freeway to the west. Conditional Use Permit No. 2495 was approved in 1983 to allow a private trade school. In 2005, Conditional Use Permit No. 2005-04963 was approved to permit the outdoor storage of new automobiles until April, 2010. PROPOSAL: The proposed church and preschool facility for up to 100 children would be located in two separate buildings. The applicant proposes to construct a new 17,570 square foot church sanctuary and convert an adjacent 37,200 square foot office building into church and pre-school classrooms and office space. The proposed sanctuary would include a stage and 783 fixed seats. This new building would also include a foyer, restrooms, storage areas, and separate rooms for reading, prayer, and media. The design of the new sanctuary building would match that of the existing office building. . VARIANCE NO. 2014-04968 AND CONDITIONAL USE PERMIT NO. 2013-05715 June 16, 2014 Page 2 of 3 The existing two-story building would be remodeled to provide office space and ancillary church uses such as a multi-purpose room, nursery, Sunday school and pre-school classrooms, counseling and prayer rooms. Proposed site improvements include refurbishment of the existing parking lot. New parking lot lighting and landscaping would be installed. The chain link fencing would be removed along the south property line and replaced by a decorative wrought iron fence. The landscape planter along the south property line would also be refurbished with ground cover and shrubs. The proposed outdoor play area would be constructed to the north of the sanctuary building and used by both the Sunday school and pre-school. Church services would be held Sundays from 9:15 a.m. to 10:30 a.m. and 11:15 a.m. to 1:00 p.m. Bible classes would be held on Friday evenings from 6:30 p.m. to 9:30 p.m. Hours of operation for the pre-school would be 6:00 a.m. to 6:00 p.m., Monday through Friday. ANALYSIS: The following is staff’s analysis of the project: Parking Variance: The Zoning Code requires that parking requirements be calculated by combining the size of the sanctuary and the administrative offices for the church. The church and office uses require a total of 318 parking spaces; 306 spaces for the sanctuary and 12 spaces for the office area. Because the pre-school is considered an accessory use and operates at separate times from the church, the maximum parking requirements for the property do not include the pre-school. The property would have 309 spaces. The parking justification letter indicates that church-related activities would take place on Sundays and on Friday evenings. The office and pre-school would only operate Monday through Friday during regular business hours. Because the 309 parking spaces provided exceeds the 306 parking spaces required to serve the sanctuary during Sunday church services, staff believes that the proposed number of parking spaces would be adequate for all uses on the site and would not create a negative impact to surrounding properties or public streets. A condition of approval has been included in the attached resolution prohibiting the church and pre-school from operating concurrently. Although the applicant indicates that the business office would only be open Monday through Friday, staff does not believe it is neseccary to include a condition of approval prohibiting concurrent use of the business office and sanctuary as any office use taking place during church services is likely to generate minimal demand for additional parking. Conditional Use Permit: The Code allows churches and pre-schools in the General Commercial Zone subject to a conditional use permit. The conditional use permit is intended to determine compatibility of the proposed use with surrounding land uses. The proposed church use would occupy the entire property. The church and pre-school would not impact the adjacent Phoenix Club and Rancho Del Rio stables due to the limited hours of operation and availability of on-site parking to meet the needs of the church. The church property would have limited interaction with the automobile dealership to the north of the property since the dealership has primary access from Auto Center Drive and rears onto the subject property. The church and pre-school are not anticipated to conduct any activities that would have a negative impact on the surrounding properties or limit the operations of these properties. A conditional use permit was approved in 2005 that allowed the use of this property for the storage of new vehicles by the adjacent car dealership. The conditional use permit expired in April, 2010; however, vehicles have continued to be stored at this location. The applicant has VARIANCE NO. 2014-04968 AND CONDITIONAL USE PERMIT NO. 2013-05715 June 16, 2014 Page 3 of 3 indicated that the church has an agreement with the dealership that the storage of vehicles would cease upon a 15-day notice. Staff has included a condition of approval requiring removal of all dealership vehicles within 90 days of the date of approval of the conditional use permit. In the event the conditional use permit is not approved, the property owner would need to request an amendment to the expired conditional use permit to allow the continued storage of vehicles on the property. CONCLUSION: Staff believes the proposed church and pre-school are appropriate uses on the property due to its size and location. The property is large enough to accommodate the proposed church, pre-school and office uses without impacts to surrounding land uses. The church and pre-school would be compatible with the surrounding community-oriented commercial land uses on Sanderson Street. Staff recommends approval of the conditional use permit, subject to the recommended conditions of approval. Prepared by, Submitted by, Vanessa Norwood Jonathan E. Borrego Associate Planner Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Resolution 3. Letter of Request 4. Parking Justification Letter 5. Project Summary The following attachments were provided to the Planning Commission and are available for public review at the Planning Department at City Hall or on the City of Anaheim’s web site at www.anaheim.net/planning. 6. Site Plan 7. Landscape and Hardscape Plans 8. Floor Plans 9. Elevation Plans 10. Site Photographs 11. Sign Plan RAI LROAD C-GPHOENIX C LU B C-GMITSUBIS HIAUTO D EALER C-GHARDIN HO N DA C-GVACANT C-GHARDIN BU ICKPONTIAC GMC C-GRANCHO D EL R IO(H O RSE S) C-G C-GSATURNAUTO D EALER C-GHARDIN HO N DA C-GHARDIN BU ICKPONTIAC G MC T (M H P)SUN KI ST GARD EN SMOBILEHOME PAR K 57 FREEWAYS AU TO CEN T ER D R S SANDERSON AVE E LA RK EL LE N LN E. BALL RD E .K A T ELLA AV E S. SUNKIST STS. STATE COLLEGE BLVDE.CER R IT O S A V ES.EASTST138 0 So uth San de rso n Av en ue D E V 20 13 -0 01 2 8 Su bje ct Property APN: 253-631-08253-631-09 ATTACHM ENT NO. 1 °0 50 10 0 Feet Ae ria l Pho to :Ma y 20 13 57 FREEWAYS AU TO CEN T ER D R S SANDERSON AVE E LA RK EL LE N LN E. BALL RD E .K A T ELLA AV E S. SUNKIST STS. STATE COLLEGE BLVDE.CER R IT O S A V ES.EASTST138 0 So uth San de rso n Av en ue D E V 20 13 -0 01 2 8 Su bje ct Property APN: 253-631-08253-631-09 ATTACHM ENT NO. 1 °0 50 10 0 Feet Ae ria l Pho to :Ma y 20 13 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2014-*** RESOLUTION NO. PC2014-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING VARIANCE NO. 2014-04968 AND CONDITIONAL USE PERMIT NO. 2013-05715 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013-00128) (1380 SOUTH SANDERSON AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the “Planning Commission”) did receive a verified Petition for Variance No. 2014-04968 and Conditional Use Permit No. 2013-05715 to permit the construction of a church sanctuary and conversion of an existing two-story office building into church classrooms, pre-school and office space with fewer parking spaces than required by the Zoning Code (herein referred to as the "Proposed Project") for certain real property located at 1380 South Sanderson Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the “Property”); and WHEREAS, the Property, consisting of approximately 4.5 acres, is developed with an office building. The Anaheim General Plan designates the Property for General Commercial land uses. The Property is located within the General Commercial (C-G) Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code (the "Code"); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 16, 2014 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against said proposed Variance No. 2014-04968 and Conditional Use Permit No. 2013-05715, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that the Proposed Project is within that class of projects which consist of infill development meeting the conditions described in Section 15332 of Title 14 of the California Code of Regulations ("CEQA Guidelines"). Specifically, the Proposed Project, once approved, (a) will be consistent with the applicable General Plan designation and all applicable General Plan policies, as well as with the applicable zoning designation and regulations, and (b) would not result in any significant effects relating to traffic, noise, air quality, or water quality. In addition, the Property (a) is less than five acres in size and is substantially surrounded by urban uses, (b) has no value as habitat for endangered, rare or threatened species, and (c) can be adequately served by all required utilities and public services. A traffic impact study has been reviewed and approved; and a Preliminary Water Quality Management Plan was submitted for this project and was determined to be satisfactory pending review and approval of the Final Water Quality Management Plan. Accordingly, pursuant to Section 15332 of the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 2 - PC2014-*** WHEREAS, the Planning Commission does further find and determine that the request for a variance for less parking than required by Code should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (318 spaces required; 309 spaces proposed) 1. That the variance, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use because the church assembly, pre-school and the office uses take place during separate days of the week; 2. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the on-site parking will adequately accommodate the peak parking demands of the proposed church, pre-school and office uses; 3. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because the church will hold services on days and times when the offices and pre-school are closed. The classrooms will accommodate family of church members who will be attending services on Sundays. The pre-school will operate during the week days and will not overlap church activities. Therefore, the on-site parking for the church and office space will adequately accommodate peak parking demands of all uses on the site; That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use because the project site provides adequate ingress and egress points to the property and are designed to allow for adequate on-site circulation; and 4. That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the project site has existing ingress or egress access points that are designed to allow adequate on-site circulation and therefore will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the church and office building. WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for Conditional Use Permit No. 2013-05715, does find and determine the following facts: 1. The request to permit the Proposed Project in the General Commercial (C-G) Zone is properly one for which a conditional use permit is authorized by Section 18.08.030 (Conditionally Permitted Uses) of the Code. - 3 - PC2014-*** 2. The request to permit the Proposed Project would not adversely affect the surrounding land uses and the growth and development of the area in which it is proposed to be located because the Property is developed with an office building intended for employees with weekday hours and the church sanctuar y would function on Sundays; further, the pre-school would operate during weekday hours and not overlap with church service days and times; and 3. The size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because the Property is currently improved with an office building that would operate during the week and the church would assemble on Sundays ; and 4. A Traffic Impact Study prepared by Kimley-Horn and Associates, Inc.was conducted in April, 2014 for the project. It was determined that traffic generated by the Proposed Project would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets. The peak operating hours for the proposed church will occur on Sundays during the lowest traffic demand of the adjacent businesses. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim because the Proposed Project will be compatible with the surrounding commercial uses. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Variance No. 2014-04968 and Conditional Use Permit No. 2013-05715, contingent upon and subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. - 4 - PC2014-*** BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 16, 2014. 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. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on June 16, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of June, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2014-*** - 6 - PC2014-*** EXHIBIT “B” VARIANCE NO. 2014-04968 AND CONDITIONAL USE PERMIT NO. 2013-05715 (DEV2013-00128) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT WITHIN 90 DAYS OF APPROVAL OF THE CONDITIONAL USE PERMIT 1. The property owner shall require removal of all dealership vehicles associated with expired Conditional Use Permit No. 2005-04963 or request amendment of the CUP to continue storage of the vehicles Planning Department, Code Enforcement PRIOR TO THE ISSUANCE OF A GRADING PERMIT 2. The applicant shall submit a final Water Quality Management Plan that conforms to current Orange County Guidelines and The City’s WQMP Review Checklist. Public Works Department, Development Services 3. The developer must submit an updated geotechnical report that further supports the absence of liquefaction hazards as stated in the preliminary geotechnical report dated 11/29/2013. The updated report shall be based on the California Building Code 2013 requirements and validate that the project meets the minimum factors of safety against the occurrence of liquefaction. Planning Department, Code Enforcement PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 4. A right of way construction permit (RCP) shall be obtained for improvements along the frontage of Sanderson Avenue. Improvements shall conform to the City Standards and as approved by the City Engineer. No off-site run-off shall be blocked during and after grading operations. Public Works Department Development Services 5. The owner/developer shall post a security to guarantee the construction of all Public Works improvements in an amount approved by the City Engineer and in a form approved by the City Attorney. Public Works Department Development Services PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 6. All required site Water Quality Management Plan items shall be inspected and operational. Public Works Department Development Services 7. A traffic management plan shall be submitted to the City Traffic and Transportation Manager for review and approval. Public Works Traffic Engineering 8. All required street improvements shall be constructed and are subject to review and approval by the Construction Services inspector. Public Works - 7 - PC2014-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT Department Development 9. “No Trespassing 602(k) P.C.” posted at the entrances of parking lots/structures and located in other appropriate places. Signs must be at least 2’ x 1’ in overall size, with white background and black 2” lettering. Police Department, Planning & Research Unit 10. Complete a Burglary/Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be emailed to applicant by contacting Officer Budds at mbudds@anaheim.net. Police Department, Planning & Research Unit 11. All entrances to parking areas shall be posted with appropriate signs per 22658(a) C.V.C., to assist in removal of vehicles at the property owners/managers request. Police Department, Planning & Research Unit 12. A security plan shall be submitted to and approved by the Anaheim Police Department. Police Department, Planning & Research Unit 13. Rooftop address numbers for the police helicopter shall be painted on the roof. The addresses shall have a minimum size of 4’ in height and 2’ in width. The lines of the numbers are to be a minimum of 6” thick. Numbers should be spaced 12” to 18” apart. Numbers should be painted or constructed in a contrasting color to the roofing material. Numbers should face the street to which the structure is addressed. Numbers are not to be visible from ground level. Police Department, Planning & Research Unit 14. Adequate lighting of parking lots, 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 person, property, and vehicles on-site. Police Department, Planning & Research Unit 15. Compliance with AMC 6016, the Anaheim Public Safety Radio System Coverage Ordinance is required. To request a copy of the ordinance, contact Officer Budds at (714) 765-3859 or mbudds@anaheim.net. A copy of the ordinance can also be viewed/download online through the City of Anaheim web site under “City Records”: http://www.anaheim.net/ Police Department, Planning & Research Unit PRIOR TO APPROVAL OF PLANS RELATED TO WATER ENGINEERING 16. A private water system with separate water service for fire protection and domestic water shall be provided. Public Utilities, Water Engineering 17. 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 Public Utilities, Water Engineering - 8 - PC2014-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT vault will have to be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. 18. All requests for new water services, backflow equipment, or fire lines, as well as any modifications, relocations, or abandonments of existing water services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities, Water Engineering 19. All existing water services and fire services shall conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. Public Utilities, Water Engineering 20. The Owner shall irrevocably offer to dedicate to the City of Anaheim (i) an easement for all large domestic above-ground water meters and fire hydrants, including a five (5)-foot wide easement around the fire hydrant and/or water meter pad. (ii) a twenty (20) foot wide easement for all water service mains and service laterals all to the satisfaction of the Water Engineering Division. The easements shall be granted on the Water Engineering Division of the Public Utilities Department’s standard water easement deed. The easement deeds shall include language that requires the Owner to be responsible for restoring any special surface improvements, other than asphalt paving, including but not limited to colored concrete, bricks, pavers, stamped concrete, decorative hardscape, walls or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for the repair, replacement and maintenance of all surface improvements other than asphalt paving shall be the responsibility of the Owner and included and recorded in the Master CC & Rs for the project. Public Utilities, Water Engineering 21. The developer/owner shall submit to the Public Utilities Water Engineering 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. Public Utilities, Water Engineering - 9 - PC2014-*** PRIOR TO APPROVAL OF PERMITS RELATED TO ELECTRICAL ENGINEERING 22. The property owner/developer shall coordinate with Electrical Engineering to establish electrical service requirements and submit electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. Public Utilities, Electrical Engineering 23. Prior to connection of electrical service, the legal owner shall provide to the City of Anaheim a Public Utilities easement with dimensions as show on the approved utility service plan. Public Utilities, Electrical Engineering 24. Prior to connection of electrical service, the legal owner shall submit payment to the City of Anaheim for service connection fees. Public Utilities, Electrical Engineering OPERATIONAL CONDITIONS 25. No required parking area shall be fenced-off or otherwise enclosed for outdoor storage uses. Planning Department, Code Enforcement 26. The trash enclosure shall be maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Public Works Department, Streets and Sanitation 27. The pre-school shall not operate at the same time as the church worship services. Planning Department, Planning Services Division 28. The pre-school shall be limited to a maximum of 100 children. Planning Department, Planning Services Division GENERAL CONDITIONS OF APPROVAL 29. Conditions of approval related to each of the timing milestones above shall be prominently displayed on plans submitted for permits. For example, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to grading permits, final maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. Planning Department, Planning Services Division 30. The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to Planning Department, Planning Services Division - 10 - PC2014-*** determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 31. The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning Department, Planning Services Division 32. The subject Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department, and as conditioned herein. Planning Department, Planning Services Division ATTACHMENT NO. 3 ATTACHMENT NO. 4 ATTACHMENT NO. 5 PROJECT SUMMARY VARIANCE NO. 2014-04968 AND CONDITIONAL USE PERMIT NO. 2013-05715 Development Standard General Commercial Zone Standards Proposed Project Site Area None 4.5 acres Floor Area Ratio .50 FAR .28 FAR Height 75 feet 32 feet Setbacks Sanderson Avenue 15 feet Northern (interior property line) 0 feet Southern (interior property line) 0 feet 57 Freeway 10 feet Sanderson Avenue 70 feet Northern (interior property line) 15 feet Southern (interior property line) 80-246 feet 57 Freeway 10 feet Parking Sanctuary – 318 spaces required (10,545 s.f. x 29spaces/1,000 s.f.= 306) Office - 12 spaces required (3,042 s.f. x 4/1,000 s.f. = 12 spaces) 306 + 12 = 318 Parking Spaces Required *Pre-school = 46 spaces 1 space per 10 children = 10 spaces (100 children / 10) = 10 spaces 1 space per employee = 36 spaces (36 employees = 36 spaces) 10+36 = 46 spaces 309 spaces proposed *Pre-school parking requirements are shown for information only. The maximum parking requirements for the property is 318 spaces based on the number of spaces required for the church and office uses. The pre-school operates as an accessory use during the weekdays only, and requires less parking than the peak parking requirement for the church. ATTACHMENT NO. 6 ATTACHMENT NO. 7 ATTACHMENT NO. 8 1380-1382 S. SANDERSON AVE., ANAHEIM, CA 928061ELEVATION KEY NOTE23491011121133 TYP.85109124991211111111556781313ATTACHMENT NO. 9 1380-1382 S. SANDERSON AVE., ANAHEIM, CA 928061ELEVATION KEY NOTE2349101112567833 TYP.121213TYP.TYP.TYP. ATTACHMENT NO. 10 ATTACHMENT NO. 11 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 4 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: JUNE 16, 2014 SUBJECT: RECLASSIFICATION NO. 2013-00254 CONDITIONAL USE PERMIT NO. 2013-05720 TENTATIVE TRACT MAP NO. 17700 LOCATION: 1619 South Euclid Street APPLICANT/PROPERTY OWNER: The applicant and property owner is Silveroak Capital Corporation, represented by Jeff Weber. REQUEST: The applicant requests approval of the following applications: 1) A Zoning Reclassification, or rezoning, of the property from the Transition (T) zone to the Single Family Residential (RS-4) zone; 2) A Conditional Use Permit to permit an 8-unit, detached, small-lot single family residential project with modifications to development standards; and, 3) A Tentative Tract Map to establish a 10-lot residential subdivision. DISCUSSION: The applicant has submitted a second request to continue this hearing to the June 30, 2014, Planning Commission meeting in order to allow time for staff to complete its analysis of the project. RECOMMENDATION: Staff recommends that this hearing be continued to the June 30, 2014, Planning Commission meeting. Prepared by, Submitted by, Vanessa Norwood Jonathan E. Borrego Associate Planner Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Applicant’s Request for Continuance TNURSE RY TCATERING BUSIN ESS T (MH P)DEL PRA DO M OB IL EH OM E PAR K C-GWESTVIE WVOCATIONAL SE RVIC ES C-GMEDICAL OFFIC E RS-2SINGLE FAMILY RE SID EN CE C-GMEDICA LOFFICE C-GRETAIL RS-2SFR RM-2SARATO GATOWNHOMES178 DU TNURSE RY TRETAIL T (MH P)DEL PRA DO M OB ILEH OM E PAR K T (MH P)DEL PRA DO M OB IL EH OM E PAR K TNURSE RYTSOUTHERN CALIFOR NIA EDIS ON E ASEM ENT RS-2SINGLE FAMILY RE SIDENCE RS-2SINGLE FAMILY RE SID EN CE RS-2SFR RS-2SFR RS-2SFR RS-2SFR RS-2SFR RS-3SFR RS-3SFR RS-3SFR RS-3SFRRS-3SFR RS-2SFR RS-2SFR RS-2SFR S EUCLID STW CRIS AV E W ME LLS LN W C RESTW OOD LN S INEZ WAYS VARNA STS MELISSA WAYS POUNDERS LNS JERINNE STW CRIS AV E S POUNDERS LNDEL PRADO MHO W. BALL RD W. KAT ELLA AVES. EUCLID STS. WALNUT STW. CERRITOS AV E S. BROOKHURST STS.NINTHSTS. DISNEYLAND DR161 9 So uth Euc li d Stre et D E V 20 13 -0 00 5 6 Su bje ct Property APN:128-522-35 ATTACHM ENT NO. 1 °0 50 10 0 Feet Ae ria l Pho to :Ma y 20 13 S EUCLID STW CRIS AV E W ME LLS LN W C RESTW OOD LN S INEZ WAYS VARNA STS MELISSA WAYS POUNDERS LNS JERINNE STW CRIS AV E S POUNDERS LNDEL PRADO MHOW. BALL RD W. KAT ELLA AVES. EUCLID STS. WALNUT STW. CERRITOS AV E S. BROOKHURST STS.NINTHSTS. DISNEYLAND DR161 9 So uth Euc li d Stre et D E V 20 13 -0 00 5 6 Su bje ct Property APN:128-522-35 ATTACHM ENT NO. 1 °0 50 10 0 Feet Ae ria l Pho to :Ma y 20 13 From:Jeff Weber To:Vanessa Norwood Subject:Tract 17700 Planning Commission Date:Monday, June 09, 2014 7:52:21 AM We would like to request a Continuance on this item until June 30 th . Thank you. Jeff Weber SILVEROAK CAPITAL CORPORATION 19100 Von Karman Ave Suite 400 Irvine, Ca. 92612 Cell 949 254-0135 ATTACHMENT NO. 2 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 5 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: JUNE 16, 2014 SUBJECT: RECLASSIFICATION NO. 2013-00264 AND TENTATIVE PARCEL MAP NO. 2014-108 LOCATION: 1648 West Orangewood Avenue APPLICANT/PROPERTY OWNER: The applicant is Billy Chen representing the property owner, SCEL Properties, LLC. REQUEST: The applicant requests approval to rezone the subject property from the Transition (T) zone to the Single-Family Residential (RS-3) zone and subdivide the parcel into three lots. No construction is proposed with this request. RECOMMENDATION: Staff recommends that the Planning Commission approve the attached resolutions, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 15, Minor Land Divisions and Class 32, Infill Development) and approving Reclassification No. 2014-00264 and Tentative Parcel Map No. 2014-108. BACKGROUND: This 0.4 acre property is developed with a single-family residence. The property is located in the Transition (T) zone. The site is designated for Low Density Residential land uses by the General Plan. Surrounding land uses include single-family homes to the south, north across Orangewood Avenue, and east across Della Lane. Apartments are located to the west, across an alley. PROPOSAL: The applicant requests approval to rezone this property from the Transition zone to the Single-Family Residential (RS-3) zone and to subdivide this lot into three parcels for a future single family residential development. ANALYSIS: Following is staff’s analysis of the proposal: Zone Change: The proposed RS-3 zoning designation would implement the property's existing Low Density Residential General Plan land use designation which is intended to encourage the development of single-family residential uses. The proposed zoning would also be compatible with the zoning of surrounding land uses. Therefore, staff supports the requested zone change. RECLASSIFICATION NO. 2014-00264 & PARCEL MAP NO. 2014-108 June 16, 2014 Page 2 of 3 Subdivision: The RS-3 zone requires single-family lots having a minimum size of 5,000 square feet and a minimum width of 50 feet. The proposed three-lot subdivision meets all development standards of the RS-3 zone. All three lots are proposed to take access from Della Lane. There would be no vehicular access provided from the alley to the west. A development summary is included as Attachment No. 6 to this report. Staff received two pieces of email correspondence in opposition to the project. The first objection by a nearby resident states that the proposed development would increase on-street parking in the area which is already deficient, and further, would negatively impact the neighborhood with additional traffic and litter. The resident indicates that on-street parking deficiencies exist because of under-parked multi-family residential properties adjacent to the Della Lane neighborhood. Although specific plans for the future development of this site are not a part of this review, the developer would be required to provide two garage parking spaces and two driveway spaces in front of the garage as required by the Code. Staff does not anticipate that the proposed subdivision would substantially contribute to on-street parking or litter in the neighborhood. The second correspondence states that an environmental impact report or other study should be conducted prior to approval of the project in order to address the effects of development on this site and the historic value of the existing residence on the property. The property is currently developed with a single-family residence, built in 1925, that is on the citywide Structures of Historical Interest list. The Citywide Historic Preservation Plan (“Preservation Plan”) identifies a demolition review process that requires a 60-day notification before demolition for certain historic structures. The review process applies to all buildings identified as contributors to historic districts, Qualified Historic Structures in districts, Historically Significant Structures, and buildings on the citywide Structures of Historical Interest list that have been surveyed using a California Department of Parks and Recreation Form 523a. Although this structure is on the citywide Structures of Historical Interest list, a qualifying survey of this property has not been completed and therefore, no formal demolition review process, including the 60-day notification, is required prior to demolition of the structure. Even if the structure was subject to the formal demolition review process, the Preservation Plan does not require a discretionary action be taken for the demolition of a historic structure. The Preservation Plan only requires a ministerial demolition permit be issued by the Building Division once the 60-day notice period has expired. Because ministerial permits are statutorily exempt from CEQA, no environmental analysis is required for demolition of this structure under any scenario. Staff believes that this request is categorically exempt from further environmental review under the Class 15 (Minor Land Divisions) and Class 32 (Infill Development) exemptions. The applicant has indicated a willingness to meet with parties that may be interested in the preservation of the structure, even though the project is not subject to the demolition review process. The City’s Historic Preservation Committee has been informed of the pending demolition of this structure in order to determine if there are parties interested in preserving the structure. Demolition is not scheduled until mid-July. RECLASSIFICATION NO. 2014-00264 & PARCEL MAP NO. 2014-108 June 16, 2014 Page 3 of 3 CONCLUSION: The proposed zone change is consistent with the property’s Low Density Residential General Plan land use designation, and the proposed parcel map complies with the development standards of the proposed RS-3 zone. Therefore, staff recommends the Planning Commission adopt the attached resolutions approving the applicant’s request. Prepared by, Submitted by, Vanessa Norwood Jonathan E. Borrego Associate Planner Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Resolution – Zoning Reclassification 3. Draft Resolution - Tentative Parcel Map 4. Opposition Letters (2) 5. Project Summary The following attachments were provided to the Planning Commission and are available for public review at the Planning Department at City Hall or on the City of Anaheim’s web site at www.anaheim.net/planning. 6. Site Plan 7. Tentative Parcel Map TSFR RS-2SFR RS-2SINGLE FAMILY RE SIDENCE RM-2APTS6 DU RS-2SINGLE FAMILY RE SIDENCE RM -4FOURPLE X RS-2SFR RM-2BIRCH TRE E C O URTAPTS15 D U RM-2SINGLE FAMILY RE SID EN CE RM-2TOWNHOM ES57 D U O-LSFR O-LNURSING HOME C-GRETAIL RM-4APTS6 DU RS-3SFR RM -4TRIPLE X RM-4FOURPLE X RS-2SINGLE FAMILY RE SID EN CE C-GOFFICE S RS-2SFR RS-2SFR RS-2SFR RS-2SFR RS-2SFR RM-4APTS21 D U RM -4FOURPLE X RM -4FOURPLE X RM-4FOURPLE X RS-2SFR RS-2SFR TSFR RS-2SFR RS-2SFR TSFR TSFR S EUCLID STW OR A NGEWOO D AV E S DELLA LNS LIDA LNS LOARA STW C IN DY LN W TO NIA L N W TO NIA P L W W IL M OT L N W S I M P L S CINDY PLS DELLA LNS LOARA STW R EC REO PL A ZA S BALBOA PLAZAW R EC REO PLA ZA W. KATELLA AVE S. EUCLID STS. WEST STS. NINTH ST164 8 W es t Oran gewo od Ave nu e D E V 20 14 -0 00 1 4 Su bje ct Property APN: 090-485-01 ATTACHM ENT NO. 1 °0 50 10 0 Feet Ae ria l Pho to :Ma y 20 13CITY OF GARDEN GROVECITY OF ANAHEIM S EUCLID STW OR A NGEWOO D AV E S DELLA LNS LIDA LNS LOARA STW C IN DY LN W TO NIA L N W TO NIA P L W W IL M OT L N W S I M P L S CINDY PLS DELLA LNS LOARA STW R EC REO PL A ZA S BALBOA PLAZAS DE-CIMA PLAZAW R EC REO PLA ZA W. KATELLA AVE S. EUCLID STS. WEST STS. NINTH ST164 8 W es t Oran gewo od Ave nu e D E V 20 14 -0 00 1 4 Su bje ct Property APN: 090-485-01 ATTACHM ENT NO. 1 °0 50 10 0 Feet Ae ria l Pho to :Ma y 20 13CITY OF GARDEN GROVECITY OF ANAHEIM [DRAFT] ATTACHMENT NO. 2 - 1 - PC2014-*** RESOLUTION NO. PC2014-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING RECLASSIFICATION NO. 2014-00264 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. (DEV2014-00014) (1648 WEST ORANGEWOOD AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for reclassification, designated as Reclassification No. 2014-00264, for that certain real property located at 1648 West Orangewood Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is currently developed with a vacant single family residence and is located in the "T" (Transition) Zone. The Anaheim General Plan designates this Property for Low Density Residential land uses; and WHEREAS, the applicant requests to rezone the property from the "T" (Transition) Zone to the "RS-3" (Single-Family Residential) Zone; and WHEREAS, Reclassification No. 2014-00264 is proposed in conjunction with Tentative Parcel Map No. 2014-108 to establish a 3-lot residential subdivision to allow for the future development of three single-family homes on the Property; and WHEREAS, on June 16, 2014, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Anaheim Municipal Code (the "Code"), to hear and consider evidence for and against said proposed Reclassification No. 2014-00264 and Tentative Parcel Map No. 2014- 108 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the “lead agency” under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that proposed Reclassification No. 2014-00264 is within that class of projects which consist of in-fill development meeting the conditions described in Section 15332 of Title 14 of the California Code of Regulations ("CEQA Guidelines"). Specifically, proposed Reclassification No. 2014-00264 (a) is consistent with the applicable General Plan designation and all applicable General Plan policies, as well as with the applicable zoning designation and regulations, (b) is no more than five acres in size substantially surrounded by urban uses, (c) has no value as a habitat for endangered, rare or threatened species, (d) would not result in significant effects relating to traffic, noise, air quality, or water quality, and (e) the Property can be adequately served by all required utilities and public services. Accordingly, pursuant to Section 15332 of the CEQA Guidelines, proposed Reclassification No. 2014-00264 will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: - 2 - PC2014-*** Reclassification of the Property from the "T" Transition Zone to the "RS-3" Single-Family Residential Zone is consistent with the Property’s existing Low Density Residential land use designation in the General Plan. The proposed reclassification of the Property is necessary and/or desirable for the orderly and proper development of the community and is compatible with the adjacent properties to which are designated for Low Density Residential and Medium Density Residential land uses and are developed with single family homes to the north, south and east and four-plex units to the west. The proposed reclassification of the Property does properly relate to the zone and its permitted uses locally established in close proximity to the Property and to the zones and their permitted uses generally established throughout the community. NOW, THEREFORE, BE IT RESOLVED that pursuant to the above findings, this Planning Commission does hereby approve Reclassification No. 2014-00264 to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to rezone and reclassify the Property into the "RS-3" Single-Family Residential Zone and recommends that the City Council adopt an ordinance reclassifying the Property in accordance with Reclassification No. 2014- 00264. BE IT FURTHER RESOLVED that this Resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the Property; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole discretion. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 16, 2014. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 3 - PC2014-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on June 16, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of June, 2014. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2013-*** [DRAFT] ATTACHMENT NO. 3 - 1 - PC2013-*** RESOLUTION NO. PC2014-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING TENTATIVE PARCEL MAP NO. 2014-108 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014-00014) (1648 WEST ORANGEWOOD AVENUE) WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission") did receive a verified petition for a subdivision of land, designated as Tentative Parcel Map No. 2014-108 for that certain real property located at 1648 West Orangewood Avenue in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is currently developed with a vacant single-family residence and is located in the "T" (Transition) Zone. As part of this entitlement request, it is proposed that the Property be reclassified to the "RS-3" Single-Family Residential (RS-3) Zone as a concurrent action by the Planning Commission (herein referred to as "Reclassification No. 2014-00264"). The Anaheim General Plan designates this Property for Low Density Residential land uses; and WHEREAS, the applicant requests a tentative parcel map in order to establish a 3- lot residential subdivision to allow the future development of three single-family homes on the Property; and WHEREAS, on June 16, 2014, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Anaheim Municipal Code (the "Code"), to hear and consider evidence for and against proposed Tentative Parcel Map No. 2014-108 and Reclassification No. 2014-00264 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the “lead agency” under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that proposed Tentative Parcel Map No. 2014-108 is within that class of projects which consist of the division of property meeting the conditions described in Section 15315 of Title 14 of the California Code of Regulations ("CEQA Guidelines"). That is, proposed Tentative Parcel Map No. 2014-108 (a) consists of the division of property in an urbanized area zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and Zoning Code, (b) no variances or exceptions are required, (c) all services and access to the proposed parcels to local standards are available, (d) the parcel was not involved in a division of a larger parcel within the previous two years, and (e) the parcel does not have an average slope greater than 20 percent. Accordingly, pursuant to Section 15315 of the CEQA Guidelines, Tentative Parcel Map No. 2014-108 will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 2 - PC2014-*** WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing pertaining to the request to permit a three-lot residential subdivision for the future construction of three single-family homes on the Property, does find and determine the following facts: 1. That the proposed subdivision, including its design and improvements, is consistent with the Low Density Residential land use designation in the Anaheim General Plan and the development standards of the “RS-3” zone contained in Chapter 18.04 (Single-Family Residential); and 1. The site is physically suitable for the type and density of the Parcel Map in conformance with the development standards of the “RS-3” Single-Family Residential Zone proposed Project; and 2. That the design of the subdivision is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, as no sensitive environmental habitat has been identified. 3. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems, since any new structures and associated site improvements will be constructed on the property in compliance with Code requirements. 4. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve proposed Tentative Parcel Map No. 2014-108, subject to the conditions of approval described in Exhibit B attached hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Anaheim Municipal Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that Tentative Parcel Map No. 2014-108 is expressly contingent upon City Council approval of an ordinance reclassifying the Property in accordance with Reclassification No. 2014-00264. This Resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject Property; any said rezoning shall require an ordinance of the City Council which shall be a legislative act which may be approved or denied by the City Council at its sole discretion. - 3 - PC2014-*** BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 16, 2014. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 (“Zoning Provisions - General”) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2014-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on June 16, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of June, 2014. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2014-*** - 6 - PC2014-*** EXHIBIT “B” TENTATIVE PARCEL MAP NO. 2014-108 (DEV2014-00014) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO RECORDATION OF FINAL MAP 1 All existing structures shall be demolished. The developer shall obtain a demolition permit from the Building Division. Public Works Development Services Planning Department, Building Division 2 Street improvement plans shall be submitted for improvements along the frontage of Orangewood Avenue and Della Lane. Improvements shall conform to the City Standards 160-A, 114-A, and Alley as approved by the City Engineer. Parkway landscaping and irrigation shall be installed. Public Works Development Services 3 The legal property owner shall post a security and execute a Subdivision Agreement to complete the required public improvements at the legal owner’s expense in an amount approved by the City Engineer and in a form approved by the City Attorney. Said agreement shall be submitted to the Public Works Department, Subdivision Section for approval by the City Council. Public Works Development Services GENERAL 4 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning Department, Planning Services Division - 7 - PC2014-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 5 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning Department, Planning Services Division 6 Subject property shall be developed, maintained and operated substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1, and as conditioned herein. Planning Department, Planning Services Division From:Steve Acterman To:Vanessa Norwood Subject:Resident Comment: Project# 2014-00264 Date:Wednesday, June 04, 2014 2:08:04 PM To: Anaheim Planning Commission c/o Vanessa Norwood From: Steve Acterman (Anaheim Resident of South Della Lane) Date: June 4, 2014 Re: Project# 2014-00264 / 1648 West Orangewood Ave Good Day, I am writing to express my strong OPPOSITION to this project, and any subdivision of the property in question. My reason for opposing these changes is the serious increase in street parking issues on South Della Lane in Anaheim over the past few years. In short, a huge influx of vehicles from other than street residents and their guests is creating an ongoing problem with adequate street parking for those who actually live in the neighborhood. This problem is a result of the lack of adequate parking provided for the residents of the nearly condo complex (on Orangewood between South Della Lane and Euclid, and on Euclid between Orangewood and Ord). Residents of this facility have been increasingly using South Della Lane as an overflow parking lot due to the lack of parking at their own residence, their own decision to use the garages provided as storage instead of parking, and the dramatic increase in resident density (people per condo) there. The recent subdivision of a similar property on the south side of Orangewood just East of South Della Lane has only exacerbated the situation by creating two large 2-story homes on a postage-stamp sized lot without adequate parking for the residents and their guests. Street parking on South Della Lane (and the surrounding areas on Orangewood and Euclid) has been over capacity for some time. Residents of South Della Lane, responding to the increasing parking problems (and related issues, e.g. littering) on our street have begun a petition campaign to reclassify South Della Lane as permit parking only. This action was begun well before notification of the new subdivision project was announced. The proposed subdivision project will further increase parking problems in an area already plagued with these issues, and the resident density increase will no doubt have additional detrimental impacts (e.g. traffic, littering, etc.) on our neighborhood. For all of these reasons, I strongly urge the Planning Commision to REJECT this project and all associated reclassifications, subdivisions, etc. Thank you for your careful attention to this important issue. Regards, Steve Acterman acterman@acm.org   ATTACHMENT NO. 4 From:michael bloom To:Vanessa Norwood Subject:RE: Reclassification #2014-00264 (1648 W. Orangewood) Date:Tuesday, June 10, 2014 9:15:37 PM RE: Reclassification #2014-00264 (1648 W. Orangewood) Tentative Parcel Map #2014-108 (DEV2014-00014) We note that no rezoning or development plan can be approved at this time, due to the fact that no Environmental Impact report (EIR) or other study exists which fully addresses the effects of development on this site. We refer specifically the potential loss of a historic home approximately 90 years of age which currently exists on this parcel. On May 31, 2014, several Anaheim City Councilmen railed against the wholesale destruction of historic/vintage Anaheim properties which took place during what they chose to describe as the “dark days” of the 1970s. These comments were publicly issued during opening ceremonies of the Anaheim Packing House; they are germane to the current issue of the Orangewood property because they serve to underscore the fact that, in these allegedly enlightened times, any structure of century-old vintage – or near thereto – must be regarded as having potential historical significance. This is owing to the fact that survival of said structures is extremely rare and, owing to the acknowledged local history, doubly so for the city of Anaheim in particular. Any EIR or development proposal created with regard to this Orangewood property cannot be considered adequate unless and until it includes consideration of multiple options. As a precedent, the options below are typical of numerous EIRs previously drafted throughout Orange and Los Angeles counties, in instances where potentially historic (e.g. century-old) structures were involved: 1. Possible mitigation or avoidance of demolition by considering alternate development proposals which set aside a fraction of the site to incorporate the existing historic structure. In this instance, this would refer specifically to the northeast corner of the Orangewood property. 2. Possible mitigation by allowing an interested third party (or “preservationist”) to relocate the structure in question to an alternate site, and allowing reasonable time to solicit such an option. 3. Failing the above, allowing said preservationist(s) to remove surviving vintage fixtures from said structure prior to any demolition work taking place on site. With regard to the specific issue of rezoning the parcel in question: There do exist a number of concerns on the part of local residents regarding the expected consequences of inserting high-density housing into this residential tract – e.g., reasonable concerns regarding traffic congestion, ambient noise, and the like. However, no development of any kind can take place on any given site without first addressing the disposition of those structure(s) which already exist on that site. For this reason, the disposition of the existing historic residence must be discussed and decided upon prior to any other considerations. This process must necessarily include, but is not limited to, drafting an EIR which properly addresses this concern and the options available to resolve same. Sincerely, Michael Bloom Draconis Design 7711 Duquesne Pl. Westminster, CA 92683-6222 Tel: 714-894-6315 dracnoor@yahoo.com ATTACHMENT NO. 5 PROJECT SUMMARY Development Standard Proposed Project RS-3 Standards Site Area 17,998 square feet/.413 acres - Density 5.2 du/ac 6.5 du/ac Lot Area 5,692 to 6,353 square feet 5,000 square feet Lot Width 50-64 feet 50 feet SITE PLAN CITY OF ANAHEIM 1648 ORANGEWOOD AVENUE ANAHEIM, CALIFORNIA OWNER: PROJECT LOCATION ATTACHMENT NO. 6 TENTATIVE PARCEL MAP NO. 2014-108 CITY OF ANAHEIM 1648 ORANGEWOOD AVENUE ANAHEIM, CALIFORNIA OWNER: PROJECT LOCATION ATTACHMENT NO. 7 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 6 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: JUNE 16, 2014 SUBJECT: AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010-05497 LOCATION: 3330 West Lincoln Avenue (Orange County Good News Baptist Church) APPLICANT/PROPERTY OWNER: The applicant is Seye Tak and the property owner is the Orange County Good News Baptist Church, represented by Inoh Hahm. REQUEST: The applicant requests an amendment of a conditional use permit to allow a pre-school at this existing church. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 1- Existing Facilities) and approving an amendment to Conditional Use Permit No. 2010-05497. BACKGROUND: The 0.6-acre property is developed with a 4,967 square foot church building and is located in the C-G (General Commercial) zone. The General Plan designates this property for Medium Density Residential land uses. The property is surrounded by apartment uses. Conditional Use Permit No. 2010-05497, to establish a church, was approved by the Planning Commission on June 7, 2010. PROPOSAL: The applicant proposes to establish a pre-school within the existing church. The church currently includes a sanctuary, Sunday school area, kitchen, offices, storage, and two restrooms. The existing 735-square foot Sunday school room would be converted into a pre-school classroom. No expansion to the one- story building is proposed. A portion of the parking lot adjacent to the southwest corner of the building would be utilized as an outdoor play area. A maximum of 20 students would be enrolled at the school. The pre-school would operate on weekdays from 7:30 a.m. to 6:00 p.m. AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010-05497 June 16, 2014 Page 2 of 2 ANALYSIS: A pre-school is permitted within this zone subject to the approval of a conditional use permit in order to determine compatibility with surrounding land uses. Because the pre- school would operate during daytime hours, staff does not anticipate any conflicts with the surrounding residential uses. The church operates on Sunday mornings, so the proposed pre- school would not be in session at the same time as the church. The Zoning Code requires 39 parking spaces for the church facility, based on the size of the sanctuary. The pre-school requires 10 parking spaces based on the number of students and staff. Because the pre-school will not be in operation when church is in session, the parking requirement for the property is based on the church parking requirement of 39 spaces. The proposed playground area would remove two existing parking spaces that would be replaced with two parallel parking spaces on the south side of the building. A total of 40 parking spaces would be provided; therefore, the church facility will be in compliance with parking requirements. Six parking spaces would be provided on the west side of the building for pre- school drop-off and pick-up purposes. CONCLUSION: Staff supports the expansion of the church to include a pre-school as the use would be compatible with the surrounding residential neighborhood. Staff recommends approval of the project. Prepared by, Submitted by, David See Jonathan E. Borrego Senior Planner Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Previous Conditional Use Permit Resolution (June 7, 2010) 3. Draft Conditional Use Permit Resolution 4. Applicant’s Request Letter The following attachments were provided to the Planning Commission and are available for public review at the Planning Department at City Hall or on the City of Anaheim’s web site at www.anaheim.net/planning. 5. Photographs 6. Plans C-GCHURCH RM-4GLENWOO DAPARTMENTS78 D U RM-4GLEN FOR ESTAPARTMENTS95 D U C-GRETAIL RM-4FOURPLE X C-GRESTAURA NT RM-4ATHENIANAPARTMENTS31 D U RM -4RENAISSANCE PAR KAPARTMENTS90 D U C-GRETAIL RM-2APTS RM-4WESTMONTAPTSRM-4CAMBRIDGE TERRACEAPARTMENTS60 DURM-4FOURPLE X C-GAUTO REPAIR /SE RVICE RM -4RENAISSANCE PAR KAPARTMENTS64 D U C-GEL D OR AD OINN RM-4WESTCHESTE RAPARTMENTS64 D U RM-4VILLA AR MSAPARTMENTS40 D U C-GVACAN T TCENTRA LIAELEMENTARY SC HO O L RM-4APTS12 D U C-GSELF STO RA G E FAC ILITY TVILLA ANAHE IM SENIOR APA RTMEN TS135 DU RM-4FOURPLE X RM-4FOURPLE X RM -4DEL M O NTEAPARTMENTS35 D U TSOLARA COURT SENIORAPARTMENT HOMES132 DUC-GCAR WAS H RM -4FOURPLE X C-GRETAIL RM-4FOURPLE X RM-4SERRANO TER RAC EAPARTMENTS66 D U RM -4APTS4 DU TGLEN FO RESTAPARTMENTS21 D U RM-3MEDICA LOFFICE RM-4GLEN FOR EST APA RTMEN TS274 D U RM-4LINCOLN HER ITAG EAPTS36 D U TDANBROOK ELEME NTARYSCHOOL RM-4GLEN FO REST APA RTMENTS274 DU RM-4GLEN FO RESTAPTS34 D U CITY OF BUENA PARK CITY OF ANAHEIM W L I NCOLN AVE W D EL M O NTE DR S WESTCHESTER DRJEFFERSON DRS BELLA VISTA STHAR DING CIR W C AB OT DRPIERCE DRGRANT CIRW C AN O GA PL GARFIELD CIRJOHNSON CIRW. LINCO LN AVE W. ORA NGE AVE . CRE SCENT AVE S. KNOTT AVE. KNOTT AVES. BEACH BLVD. LINCO LN AVE W. LINCO LN AVE 333 0 W es t Li nc oln Ave nu e D E V 20 14 -0 00 2 0 Su bje ct Property APN: 135-321-38135-321-39 ATTACHM ENT NO. 1 °0 50 10 0 Feet Ae ria l Pho to :Ma y 20 13 W L I NCOLN AVE W D EL M O NTE DR S WESTCHESTER DRJEFFERSON DRS BELLA VISTA STHAR DING CIR W C AB OT DRPIERCE DRGRANT CIRW C AN O GA PL GARFIELD CIRJOHNSON CIRW. LINCO LN AVE W. ORA NGE AVE . CRE SCENT AVE S. KNOTT AVE. KNOTT AVES. BEACH BLVD. LINCO LN AVE W. LINCO LN AVE 333 0 W es t Li nc oln Ave nu e D E V 20 14 -0 00 2 0 Su bje ct Property APN: 135-321-38135-321-39 ATTACHM ENT NO. 1 °0 50 10 0 Feet Ae ria l Pho to :Ma y 20 13 CITY O F BUENA PARK CITY O F ANAHEIM RESOLUTIONNOPC2010044 ARESOLUTIONOFTHEANAHEIMCITYPLANNINGCOMMISSION DETERMINING THATACLASSICATEGORICALEXEMPTION ISTHE APPROPRIATEENVIRONMENTALDETERMINATIONAND APPROVINGCONDITIONALUSEPERMITNO201005497 DEV201000059 3330WESTLINCOLNAVENUE WHEREAS theAnaheimCityPlanningCommissiondidreceiveaverified PetitionforConditionalUsePermitNo201005497toconvertaformerrestaurantintoa communityandreligiousassemblyhallforcertainrealpropertysituatedintheCityofAnaheim CountyofOrangeStateofCaliforniashownonExhibitA attachedheretoandincorporated hereinbythisreference WHEREAS thispropertyisdevelopedwitha4967squarefootvacant buildingandislocatedintheCGGeneralCommercialzoneTheGeneralPlan designatesthispropertyforMediumDensityResidentiallandusesand WHEREASthePlanningCommissiondidholdapublichearingattheCivic CenterintheCityofAnaheimonJune72010at330pmnoticeofsaidpublichearinghaving beendulygivenasrequiredbylawandinaccordancewiththeprovisionsoftheAnaheim MunicipalCodeChapter1860tohearandconsiderevidenceforandagainstsaidproposed conditionalusepermitandtoinvestigateandmakefindingsandrecommendationsinconnection therewithand WHEREASsaidPlanningCommission afterdueinspectioninvestigationand studymadebyitselfandinitsbehalfandafterdueconsiderationofallevidenceandreports offeredatsaidhearingwithrespecttotherequestforaconditionalusepermitdoesfindand determinethefollowingfacts 1 TherequesttopermitachurchintheCGGeneralCommercialzoneisproperly oneforwhichaconditionalusepermitisauthorizedunderCodeSection1808030010 Community ReligiousAssemblyoftheAnaheimMunicipalCode 2 Thechurchwillnotadverselyaffecttheadjoininglandusesorthegrowthand developmentoftheareainwhichitisproposedtobelocatedbecausethesitecanaccommodate theproposeduseandtherewillnotbeanadverseaffectonadjacentmultiplefamilyresidential usesinthevicinity 3 Thesizeandshapeofthesitefortheuseisadequatetoallowthefulldevelopment oftheproposeduseinamannernotdetrimentaltotheparticularareaortothehealthandsafety becausethisusewillbeconductedentirelywithinthebuildingMoreovertheproposedchurch requires39parkingspacesbasedonthesquarefootageofthebuildingand42parkingspaces existonthesiteThereforethe4967squarefootchurchfacilitywillbeincompliancewith parkingcoderequirements 1 PC2010044 ATTACHMENT NO. 2 4 Thetrafficgeneratedbytheautomotiverepairfacilitywillnotimposeanundue burdenuponthestreetsandhighwaysdesignedandimprovedtocarrythetrafficinthearea becausethisactivityisconsistentwithothercommercialandmultiplefamilyresidentialusesthis area 5 Thegrantingoftheconditionalusepermitwillnotbedetrimentaltothehealth andsafetyofthecitizensoftheCityofAnaheimbecausetheuseisconsistentwithother commercialandmultiplefamilyresidentialusesalongLincolnAvenue WHEREAStheproposedprojectfallswithinthedefinitionofCategorical ExemptionsClass1ExistingFacilitiesasdefinedintheStateCEQAGuidelinesandis thereforeexemptfromtherequirementtoprepareadditionalenvironmentaldocumentation NOWTHEREFOREBEITRESOLVED thattheAnaheimCityPlanning Commission doesherebyapproveConditionalUsePermitNo201005497subjecttothe conditions ofapprovaldescribedinExhibitBattached heretoandincorporatedbythis referencewhichareherebyfoundtobeanecessaryprerequisitetotheproposeduseofthe subjectpropertyinordertopreservethehealthsafetyandgeneralwelfareofthecitizensofthe CityofAnaheimExtensions forfurthertimetocompleteconditionsofapprovalmaybegranted inaccordancewithSection1860170oftheAnaheimMunicipalCode BEITFURTHERRESOLVEDthattheAnaheimCityPlanningCommission doesherebyfindanddeterminethatadoptionofthisResolutionisexpresslypredicatedupon applicantscompliancewitheachandalloftheconditionshereinabove setforthShouldany suchconditionoranypartthereofbedeclaredinvalidorunenforceablebythefinaljudgmentof anycourtofcompetentjurisdiction thenthisResolutionandanyapprovalshereincontained shallbedeemednullandvoid BEITFURTHERRESOLVEDthatthisconditionalusepermitisapproved withoutlimitationsonthedurationorhoursofoperationfortheuse BEITFURTHERRESOLVED thatapprovalofthisapplicationconstitutes approvaloftheproposedrequestonlytotheextentthatitcomplieswiththeAnaheimMunicipal ZoningCodeandanyotherapplicableCityStateandFederalregulationsApprovaldoesnot includeanyactionorfindingsastocomplianceorapprovaloftherequestregardinganyother applicableordinanceregulationorrequirement BEITFURTHERRESOLVEDthattheapplicantisresponsibleforpayingall chargesrelatedtotheprocessingofthisdiscretionarycaseapplicationwithin15daysofthe issuanceofthefinalinvoiceFailuretopayallchargesshallresultindelaysintheissuanceof requiredpermitsortherevocationoftheapprovalofthisapplication 2 PC2010031 meetingofJune72010 AlEST THEFOREGOINGRESOLUTIONw adoptedatthePlanningCommission SECRETARYANAHEIMCITYPLANNINGCOMMISSION STATEOFCALIFORNIA COUNTY OFORANGE ss CITYOFANAHEIM HECHAIRMANAN IMCITEPLANNINGCOMMISSION IEleanorMorrisSecretaryoftheAnaheimCityPlanningCommission do herebycertifythattheforegoingresolution waspassedandadoptedatameetingoftheAnaheim CityPlanningCommissionheldonJune72010bythefollowingvoteofthemembersthereof AYES COMMISSIONERS BUFFAFAESSELKARAKMRAMIREZROMERO NOES COMMISSIONERS NONE ABSENT COMMISSIONERS AGARWALAMENT INWITNESSWHEREOFIhavehereuntosetmyhandthis7dayofJune2010 SECRETARYANAHEIMCITYPLANNINGCOMMISSION 3 PC2010044 EXHIBITA DEV201000059 APN 13532138 13532139 CD 0 Q co 1VJ 15500 15500 WLINCOLNAVE 1 1 1 SourceRecordedTractMapsandorCityGJS Pleasenotetheaccuracyis1twotofivefeet 10962 4 PC2010044 NO CONDITIONSOFAPPROVAL REVIEWBY SIGNED OFFBY GENERALCONDITIONS Norequiredparkingareashallbefencedofforotherwise enclosedforoutdoorstorageuses Code Enforcement Curbsadjacenttothedriveaislesshallbepaintedredto prohibitparallelparkinginthedriveaislesRedcurblocations shallbeclearly labeledonbuildingplansPriortofinalbuilding andzoninginspectionfirelanesshallbepostedwithNo ParkingAnyTimeSaidinformation shallbespecifically shownonplanssubmittedforbuildingpermits PublicWorks Cr Theproperty shallbepermanently maintainedinanorderly fashion throughtheprovision ofregular landscaping maintenanceremoval oftrashordebris andremoval ofgraffiti withintwo2businessdaysfromthetimeofdiscovery Code Enforcement 4 Thelocationofatrashenclosureshallbeprovided inalocation acceptabletothePublicWorksDepartment Streetsand SanitationDivisionandinaccordancewithapproved planson filewithsaidDepartmentSaidinformation shallbe specificallyshownontheplanssubmittedforbuilding permits PublicWorks 5 Theowner ofsubjectproperty shallsubmitaletterrequesting terminationofConditional UsePermit No4164topermitthe saleofbeerandwineforonpremisesconsumptionwithinan existingrestauranttothePlanningServices DivisionThis lettershallbesubmittedpriortotheissuanceofbuilding permits foranytenantimprovements Planning 6 Theproperty shallbedevelopedsubstantially inaccordance withplansandspecificationssubmitted totheCityofAnaheim bytheapplicant andwhichplansareonfilewiththePlanning Department markedExhibit Nos1SitePlanand2Floor Planandasconditionedherein Planning EXHIBITB CONDITIONALUSEPERMITNO201005497 DEV20I0 00059 5 PC2010044 [DRAFT] ATTACHMENT NO. 3 - 1 - PC2014-*** RESOLUTION NO. PC2014-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010-05497 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014-00020) (3330 WEST LINCOLN AVENUE) WHEREAS, on June 7, 2010 and subject to certain conditions of approval, the Planning Commission of the City of Anaheim ("Planning Commission"), by its Resolution No. PC2010- 044, approved Conditional Use Permit No. 2010-05497 to permit a 4,967 square foot church (herein referred to as the "Original CUP") on that certain real property located at 3330 Lincoln Avenue in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Original CUP, shall be referred to herein as the "Original CUP". The conditions of approval which were the subject of the Original CUP shall be referred to herein collectively as the "Previous Conditions of Approval"; and WHEREAS, the Planning Commission did receive a verified petition to amend the Original CUP to permit a pre-school at an existing church facility ("Proposed Project") pursuant to Section 18.60.190 of the Anaheim Municipal Code (“Code”). Said amendment is designated as Conditional Use Permit No. 2010-05497A; and WHEREAS, the Property is approximately 0.6 acres in size and is developed with a church facility. The Property is located in the General Commercial (C-G) Zone and is subject to the zoning and development standards described in Chapter 18.08 (Commercial Zones) of the Code. The Land Use Element of the Anaheim General Plan designates the Property for General Commercial land uses; and WHEREAS, on June 16, 2014, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2010-05497A, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that the Proposed Project is within that class of projects which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 2 - PC2014-*** WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing pertaining to the request for Conditional Use Permit No. 2010-05497A, does find and determine the following facts: 1. The request to permit a pre-school in an existing church is properly one for which a conditional use permit is authorized under subsection .040.0402 of Section 18.08.030 of the Code. 2. The pre-school in an existing church, under the conditions imposed, will not adversely affect the surrounding land uses, or the growth and development of the area in which it is proposed to be located because the pre-school will be compatible with the surrounding residential uses in the area. 3. The size and shape of the site for the church and pre-school is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety because the site can accommodate the parking, traffic flows, and circulation without creating detrimental effects on adjacent properties. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the site is already developed with a church and the pre-school will not increase impacts on the surrounding area. 5. The granting of Conditional Use Permit No. 2010-05497A under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide an integrated land use that is compatible with the surrounding area. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission as follows: 1. Conditional Use Permit No. 2010-05497A is hereby approved, thereby amending the Original CUP. 2. Effective upon the effective date of this Resolution, the Previous Conditions of Approval are hereby deleted in their entirety and the conditions of approval attached to this Resolution as Exhibit B and incorporated herein by this reference (the "Revised Conditions of Approval") are hereby substituted in their place. All references to the conditions of approval for the Original CUP and this Conditional Use Permit No. 2010-05497A shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B, which shall control and govern the Original CUP, as amended by Conditional Use Permit No. 2010-05497A. 3. The conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, are hereby found to be a necessary prerequisite to the proposed use of the Property under Conditional Use Permit No. 2010-05497A in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. - 3 - PC2014-*** 4. Conditional Use Permit No. 2010-05497A is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. 5. Approval of Conditional Use Permit No. 2010-05497A constitutes approval of the proposed request only to the extent that it complies with the Zoning Code of the City of Anaheim and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 6. The adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 16, 2014. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Code pertaining to appeal procedures and may be replaced by a resolution of the City Council in the event of an appeal. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2014-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on June 16, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of June, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2014-*** - 6 - PC2014-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2010-05497A (DEV2014-00020) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT WITHIN 90 DAYS OF APPROVAL OF THE PERMIT, OR PRIOR TO OPERATION OF THE PRE-SCHOOL, WHICHEVER OCCURS FIRST 1 A new trash enclosure shall be constructed in a location as shown on approved plans in conjunction with this permit. The enclosure shall be constructed to the satisfaction of the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Public Works Department, Sanitation Division PRIOR TO OPERATION OF THE PRE-SCHOOL 2 Curbs adjacent to the drive aisles shall be painted red to prohibit parallel parking in the drive aisles. Fire lanes shall be posted with “No Parking Any Time”. Public Works Department, Traffic Division 3 The new outdoor playground and parking spaces shall be provided in a location as shown on approved plans in conjunction with this permit. Said improvements shall be constructed to the satisfaction of the Planning Department and in accordance with approved plans on file with said Department. Planning Department, Planning Services Division OPERATIONAL CONDITIONS 4 No required parking area shall be fenced-off or otherwise enclosed for outdoor storage uses. Planning Department, Code Enforcement Division 5 The property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance and removal of trash or debris. Planning Department, Code Enforcement Division 6 Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. Planning Department, Code Enforcement Division 7 A maximum of twenty children shall be allowed within the pre- school facility at any time. Planning Department, Code Enforcement Division 8 The pre-school shall not operate at the same time as the church worship services. Planning Department, - 7 - PC2014-*** Code Enforcement Division GENERAL 9 The Applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning Department, Planning Services Division 10 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning Department, Planning Services Division 11 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein. Planning Department, Planning Services Division ATTACHMENT NO. 4 ATTACHMENT NO. 5 ATTACHMENT NO. 6 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item.